PUBLIC LAW 111–117—DEC. 16, 2009 

CONSOLIDATED APPROPRIATIONS ACT, 2010 


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123 STAT. 3034 PUBLIC LAW 111–117—DEC. 16, 2009 

Public Law 111–117 

111th Congress 

An Act 

Making appropriations for the Departments of Transportation, and Housing and 

Urban Development, and related agencies for the fiscal year ending September 

30, 2010, and for other purposes. 

Be it enacted by the Senate and House of Representatives of 

the United States of America in Congress assembled, 

SECTION 1. SHORT TITLE. 

This Act may be cited as the ‘‘Consolidated Appropriations 

Act, 2010’’. 

SEC. 2. TABLE OF CONTENTS. 

The table of contents of this Act is as follows: 

Sec. 1. Short title. 

Sec. 2. Table of contents. 

Sec. 3. References. 

Sec. 4. Statement of appropriations. 

DIVISION A—TRANSPORTATION, HOUSING AND URBAN DEVELOPMENT, 

AND RELATED AGENCIES APPROPRIATIONS ACT, 2010 

Title I—Department of Transportation 

Title II—Department of Housing and Urban Development 

Title III—Related agencies 

Title IV—General provisions—This Act 

DIVISION B—COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES 

APPROPRIATIONS ACT, 2010 

Title I—Department of Commerce 

Title II—Department of Justice 

Title III—Science 

Title IV—Related agencies 

Title V—General provisions 

DIVISION C—FINANCIAL SERVICES AND GENERAL GOVERNMENT 

APPROPRIATIONS ACT, 2010 

Title I—Department of the Treasury 

Title II—Executive Office of the President and funds appropriated to the President 

Title III—The judiciary 

Title IV—District of Columbia 

Title V—Independent agencies 

Title VI—General provisions—This Act 

Title VII—General provisions—Government-wide 

Title VIII—General provisions—District of Columbia 

DIVISION D—DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES, 

AND EDUCATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2010 

Title I—Department of Labor 

Title II—Department of Health and Human Services 

Title III—Department of Education 

Title IV—Related agencies 

Consolidated 

Appropriations 

Act, 2010. 

Dec. 16, 2009 

[H.R. 3288] 


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PUBLIC LAW 111–117—DEC. 16, 2009 123 STAT. 3035 

Title V—General provisions 

DIVISION E—MILITARY CONSTRUCTION AND VETERANS AFFAIRS AND 

RELATED AGENCIES APPROPRIATIONS ACT, 2010 

Title I—Department of Defense 

Title II—Department of Veterans Affairs 

Title III—Related agencies 

Title IV—Overseas contingency operations 

Title V—General provisions 

DIVISION F—DEPARTMENT OF STATE, FOREIGN OPERATIONS, AND 

RELATED PROGRAMS APPROPRIATIONS ACT, 2010 

Title I—Department of State and related agency 

Title II—United States Agency for International Development 

Title III—Bilateral economic assistance 

Title IV—International security assistance 

Title V—Multilateral assistance 

Title VI—Export and investment assistance 

Title VII—General provisions 

SEC. 3. REFERENCES. 

Except as expressly provided otherwise, any reference to ‘‘this 

Act’’ contained in any division of this Act shall be treated as 

referring only to the provisions of that division. 

SEC. 4. STATEMENT OF APPROPRIATIONS. 

The following sums in this Act are appropriated, out of any 

money in the Treasury not otherwise appropriated, for the fiscal 

year ending September 30, 2010. 

DIVISION A—TRANSPORTATION, HOUSING AND URBAN 

DEVELOPMENT, AND RELATED AGENCIES APPROPRIATIONS ACT, 2010 

TITLE I 

DEPARTMENT OF TRANSPORTATION 

OFFICE OF THE SECRETARY

SALARIES AND EXPENSES

For necessary expenses of the Office of the Secretary, 

$102,686,000, of which not to exceed $2,631,000 shall be available 

for the immediate Office of the Secretary; not to exceed $986,000 

shall be available for the immediate Office of the Deputy Secretary; 

not to exceed $20,359,000 shall be available for the Office of the 

General Counsel; not to exceed $11,100,000 shall be available for 

the Office of the Under Secretary of Transportation for Policy; 

not to exceed $10,559,000 shall be available for the Office of the 

Assistant Secretary for Budget and Programs; not to exceed 

$2,504,000 shall be available for the Office of the Assistant Secretary for Governmental Affairs; not to exceed $25,520,000 shall 

be available for the Office of the Assistant Secretary for Administration; not to exceed $2,055,000 shall be available for the Office 

of Public Affairs; not to exceed $1,658,000 shall be available for 

the Office of the Executive Secretariat; not to exceed $1,499,000 

shall be available for the Office of Small and Disadvantaged Business Utilization; not to exceed $10,600,000 for the Office of Intelligence, Security, and Emergency Response; and not to exceed 

$13,215,000 shall be available for the Office of the Chief Information 

Department of 

Transportation 

Appropriations 

Act, 2010. 

Transportation, 

Housing and 

Urban 

Development, 

and Related 

Agencies 

Appropriations 

Act, 2010. 

1 USC 1 note. 


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123 STAT. 3036 PUBLIC LAW 111–117—DEC. 16, 2009 

Officer: Provided, That the Secretary of Transportation is authorized 

to transfer funds appropriated for any office of the Office of the 

Secretary to any other office of the Office of the Secretary: Provided 

further, That no appropriation for any office shall be increased 

or decreased by more than 5 percent by all such transfers: Provided 

further, That notice of any change in funding greater than 5 percent 

shall be submitted for approval to the House and Senate Committees on Appropriations: Provided further, That not to exceed $60,000 

shall be for allocation within the Department for official reception 

and representation expenses as the Secretary may determine: Provided further, That notwithstanding any other provision of law, 

excluding fees authorized in Public Law 107–71, there may be 

credited to this appropriation up to $2,500,000 in funds received 

in user fees: Provided further, That none of the funds provided 

in this Act shall be available for the position of Assistant Secretary 

for Public Affairs. 

NATIONAL INFRASTRUCTURE INVESTMENTS

For capital investments in surface transportation infrastructure, $600,000,000, to remain available through September 30, 2012: 

Provided, That the Secretary of Transportation shall distribute 

funds provided under this heading as discretionary grants to be 

awarded to a State, local government, transit agency, or a collaboration among such entities on a competitive basis for projects that 

will have a significant impact on the Nation, a metropolitan area, 

or a region: Provided further, That projects eligible for funding 

provided under this heading shall include, but not be limited to, 

highway or bridge projects eligible under title 23, United States 

Code; public transportation projects eligible under chapter 53 of 

title 49, United States Code; passenger and freight rail transportation projects; and port infrastructure investments: Provided further, That in distributing funds provided under this heading, the 

Secretary shall take such measures so as to ensure an equitable 

geographic distribution of funds, an appropriate balance in 

addressing the needs of urban and rural areas, and the investment 

in a variety of transportation modes: Provided further, That a 

grant funded under this heading shall be not less than $10,000,000 

and not greater than $200,000,000: Provided further, That not 

more than 25 percent of the funds made available under this 

heading may be awarded to projects in a single State: Provided 

further, That the Federal share of the costs for which an expenditure 

is made under this heading shall be, at the option of the recipient, 

up to 80 percent: Provided further, That the Secretary shall give 

priority to projects that require a contribution of Federal funds 

in order to complete an overall financing package: Provided further, 

That not less than $140,000,000 of the funds provided under this 

heading shall be for projects located in rural areas: Provided further, 

That for projects located in rural areas, the minimum grant size 

shall be $1,000,000 and the Secretary may increase the Federal 

share of costs above 80 percent: Provided further, That of the 

amount made available under this heading, the Secretary may 

use an amount not to exceed $150,000,000 for the purpose of paying 

the subsidy and administrative costs of projects eligible for federal 

credit assistance under chapter 6 of title 23, United States Code, 

if the Secretary finds that such use of the funds would advance 

the purposes of this paragraph: Provided further, That of the 

Grants. 

Grants. 

Notification. 

Transfer 

authority. 


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PUBLIC LAW 111–117—DEC. 16, 2009 123 STAT. 3037 

amount made available under this heading, the Secretary may 

use an amount not to exceed $35,000,000 for the planning, preparation or design of projects eligible for funding under this heading: 

Provided further, That projects conducted using funds provided 

under this heading must comply with the requirements of subchapter IV of chapter 31 of title 40, United States Code: Provided 

further, That the Secretary shall publish criteria on which to base 

the competition for any grants awarded under this heading no 

sooner than 60 days after enactment of this Act, require applications 

for funding provided under this heading to be submitted no sooner 

than 120 days after the publication of such criteria, and announce 

all projects selected to be funded from funds provided under this 

heading no sooner than September 15, 2010: Provided further, That 

the Secretary may retain up to $25,000,000 of the funds provided 

under this heading, and may transfer portions of those funds to 

the Administrators of the Federal Highway Administration, the 

Federal Transit Administration, the Federal Railroad Administration and the Federal Maritime Administration, to fund the award 

and oversight of grants made under this heading. 

FINANCIAL MANAGEMENT CAPITAL

For necessary expenses for upgrading and enhancing the 

Department of Transportation’s financial systems and reengineering business processes, $5,000,000, to remain available 

until expended. 

OFFICE OF CIVIL RIGHTS

For necessary expenses of the Office of Civil Rights, $9,667,000. 

TRANSPORTATION PLANNING, RESEARCH, AND DEVELOPMENT

For necessary expenses for conducting transportation planning, 

research, systems development, development activities, and making 

grants, to remain available until expended, $16,168,000. 

WORKING CAPITAL FUND

For necessary expenses for operating costs and capital outlays 

of the Working Capital Fund, not to exceed $147,596,000, shall 

be paid from appropriations made available to the Department 

of Transportation: Provided, That such services shall be provided 

on a competitive basis to entities within the Department of 

Transportation: Provided further, That the above limitation on operating expenses shall not apply to non-DOT entities: Provided further, That no funds appropriated in this Act to an agency of the 

Department shall be transferred to the Working Capital Fund without the approval of the agency modal administrator: Provided further, That no assessments may be levied against any program, 

budget activity, subactivity or project funded by this Act unless 

notice of such assessments and the basis therefor are presented 

to the House and Senate Committees on Appropriations and are 

approved by such Committees. 

Notification. 

Publication. 

Criteria. 

Time periods. 


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123 STAT. 3038 PUBLIC LAW 111–117—DEC. 16, 2009 

MINORITY BUSINESS RESOURCE CENTER PROGRAM

For the cost of guaranteed loans, $353,000, as authorized by 

49 U.S.C. 332: Provided, That such costs, including the cost of 

modifying such loans, shall be as defined in section 502 of the 

Congressional Budget Act of 1974: Provided further, That these 

funds are available to subsidize total loan principal, any part of 

which is to be guaranteed, not to exceed $18,367,000. In addition, 

for administrative expenses to carry out the guaranteed loan program, $570,000. 

MINORITY BUSINESS OUTREACH

For necessary expenses of Minority Business Resource Center outreach activities, $3,074,000, to remain available until September 

30, 2011: Provided, That notwithstanding 49 U.S.C. 332, these 

funds may be used for business opportunities related to any mode 

of transportation. 

PAYMENTS TO AIR CARRIERS

(AIRPORT AND AIRWAY TRUST FUND)

(INCLUDING TRANSFER OF FUNDS)

In addition to funds made available from any other source 

to carry out the essential air service program under 49 U.S.C. 

41731 through 41742, $150,000,000, to be derived from the Airport 

and Airway Trust Fund, to remain available until expended: Provided, That, in determining between or among carriers competing 

to provide service to a community, the Secretary may consider 

the relative subsidy requirements of the carriers: Provided further, That, if the funds under this heading are insufficient to meet 

the costs of the essential air service program in the current fiscal 

year, the Secretary shall transfer such sums as may be necessary 

to carry out the essential air service program from any available 

amounts appropriated to or directly administered by the Office 

of the Secretary for such fiscal year. 

ADMINISTRATIVE PROVISIONS—OFFICE OF THE SECRETARY OF

TRANSPORTATION

SEC. 101. None of the funds made available in this Act to 

the Department of Transportation may be obligated for the Office 

of the Secretary of Transportation to approve assessments or 

reimbursable agreements pertaining to funds appropriated to the 

modal administrations in this Act, except for activities underway 

on the date of enactment of this Act, unless such assessments 

or agreements have completed the normal reprogramming process 

for Congressional notification. 

SEC. 102. None of the funds made available under this Act 

may be obligated or expended to establish or implement a program 

under which essential air service communities are required to 

assume subsidy costs commonly referred to as the EAS local participation program. 

SEC. 103. The Secretary or his designee may engage in activities 

with States and State legislators to consider proposals related to 

the reduction of motorcycle fatalities. 

Assessments. 

Contracts. 


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PUBLIC LAW 111–117—DEC. 16, 2009 123 STAT. 3039 

SEC. 104. The Secretary of Transportation is authorized to 

transfer the unexpended balances available for the bonding assistance program from ‘‘Office of the Secretary, Salaries and expenses’’ 

to ‘‘Minority Business Outreach’’. 

SEC. 105. Such amounts as are required from amounts provided 

in this Act to the Office of the Secretary of Transportation for 

the Transportation Planning, Research and Development program 

may be used for the development, coordination, and analysis of 

data collection procedures and national performance measures. 

FEDERAL AVIATION ADMINISTRATION

OPERATIONS

(AIRPORT AND AIRWAY TRUST FUND)

(INCLUDING TRANSFER OF FUNDS)

For necessary expenses of the Federal Aviation Administration, 

not otherwise provided for, including operations and research activities related to commercial space transportation, administrative 

expenses for research and development, establishment of air navigation facilities, the operation (including leasing) and maintenance 

of aircraft, subsidizing the cost of aeronautical charts and maps 

sold to the public, lease or purchase of passenger motor vehicles 

for replacement only, in addition to amounts made available by 

Public Law 108–176, $9,350,028,000, of which $4,000,000,000 shall 

be derived from the Airport and Airway Trust Fund, of which 

not to exceed $7,299,299,000 shall be available for air traffic 

organization activities; not to exceed $1,234,065,000 shall be available for aviation safety activities; not to exceed $15,237,000 shall 

be available for commercial space transportation activities; not to 

exceed $113,681,000 shall be available for financial services activities; not to exceed $100,428,000 shall be available for human 

resources program activities; not to exceed $341,977,000 shall be 

available for region and center operations and regional coordination 

activities; not to exceed $196,063,000 shall be available for staff 

offices; and not to exceed $49,278,000 shall be available for information services: Provided, That the Secretary utilize not less than $17,084,000 of the funds provided for aviation safety activities 

to pay for staff increases in the Office of Aviation Flight Standards 

and the Office of Aircraft Certification: Provided further, That none 

of the funds provided for increases to the staffs of the aviation 

flight standards and aircraft certification offices shall be used for 

other purposes: Provided further, That not to exceed 2 percent 

of any budget activity, except for aviation safety budget activity, 

may be transferred to any budget activity under this heading: 

Provided further, That no transfer may increase or decrease any 

appropriation by more than 2 percent: Provided further, That any 

transfer in excess of 2 percent shall be treated as a reprogramming 

of funds under section 405 of this Act and shall not be available 

for obligation or expenditure except in compliance with the procedures set forth in that section: Provided further, That not later 

than March 31 of each fiscal year hereafter, the Administrator 

of the Federal Aviation Administration shall transmit to Congress 

an annual update to the report submitted to Congress in December 

2004 pursuant to section 221 of Public Law 108–176: Provided 

further, That the amount herein appropriated shall be reduced 

Fines. 

Deadline. 

Reports. 

49 USC 4450’s 

note. 

Transfer 

authority. 


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123 STAT. 3040 PUBLIC LAW 111–117—DEC. 16, 2009 

by $100,000 for each day after March 31 that such report has 

not been submitted to the Congress: Provided further, That not 

later than March 31 of each fiscal year hereafter, the Administrator 

shall transmit to Congress a companion report that describes a 

comprehensive strategy for staffing, hiring, and training flight 

standards and aircraft certification staff in a format similar to 

the one utilized for the controller staffing plan, including stated 

attrition estimates and numerical hiring goals by fiscal year: Provided further, That the amount herein appropriated shall be reduced 

by $100,000 per day for each day after March 31 that such report 

has not been submitted to Congress: Provided further, That funds 

may be used to enter into a grant agreement with a nonprofit 

standard-setting organization to assist in the development of aviation safety standards: Provided further, That none of the funds 

in this Act shall be available for new applicants for the second 

career training program: Provided further, That none of the funds 

in this Act shall be available for the Federal Aviation Administration to finalize or implement any regulation that would promulgate 

new aviation user fees not specifically authorized by law after 

the date of the enactment of this Act: Provided further, That there 

may be credited to this appropriation funds received from States, 

counties, municipalities, foreign authorities, other public authorities, and private sources, for expenses incurred in the provision 

of agency services, including receipts for the maintenance and operation of air navigation facilities, and for issuance, renewal or modification of certificates, including airman, aircraft, and repair station 

certificates, or for tests related thereto, or for processing major 

repair or alteration forms: Provided further, That of the funds 

appropriated under this heading, not less than $9,500,000 shall 

be for the contract tower cost-sharing program: Provided further, 

That none of the funds in this Act for aeronautical charting and 

cartography are available for activities conducted by, or coordinated 

through, the Working Capital Fund: Provided further, That of the 

funds available under this heading not to exceed $500,000 shall 

be provided to the Department of Transportation’s Office of 

Inspector General through reimbursement to conduct the annual 

audits of financial statements in accordance with section 3521 of 

title 31, United States Code, and not to exceed $120,000 shall 

be provided to that office through reimbursement to conduct the 

annual Enterprise Services Center Statement on Auditing Standards 70 audit. 

FACILITIES AND EQUIPMENT

(AIRPORT AND AIRWAY TRUST FUND)

For necessary expenses, not otherwise provided for, for acquisition, establishment, technical support services, improvement by 

contract or purchase, and hire of national airspace systems and 

experimental facilities and equipment, as authorized under part 

A of subtitle VII of title 49, United States Code, including initial 

acquisition of necessary sites by lease or grant; engineering and 

service testing, including construction of test facilities and acquisition of necessary sites by lease or grant; construction and furnishing 

of quarters and related accommodations for officers and employees 

of the Federal Aviation Administration stationed at remote localities 

where such accommodations are not available; and the purchase, 

Audits. 

User fees. 

Fines. 

Deadline. 

Reports. 

44 USC 4502 

note. 


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PUBLIC LAW 111–117—DEC. 16, 2009 123 STAT. 3041 

lease, or transfer of aircraft from funds available under this 

heading, including aircraft for aviation regulation and certification; 

to be derived from the Airport and Airway Trust Fund, 

$2,936,203,000, of which $2,466,203,000 shall remain available until 

September 30, 2012, and of which $470,000,000 shall remain available until September 30, 2010: Provided, That there may be credited 

to this appropriation funds received from States, counties, municipalities, other public authorities, and private sources, for expenses 

incurred in the establishment and modernization of air navigation 

facilities: Provided further, That upon initial submission to the 

Congress of the fiscal year 2011 President’s budget, the Secretary 

of Transportation shall transmit to the Congress a comprehensive 

capital investment plan for the Federal Aviation Administration 

which includes funding for each budget line item for fiscal years 

2011 through 2015, with total funding for each year of the plan 

constrained to the funding targets for those years as estimated 

and approved by the Office of Management and Budget. 

RESEARCH, ENGINEERING, AND DEVELOPMENT

(AIRPORT AND AIRWAY TRUST FUND)

For necessary expenses, not otherwise provided for, for 

research, engineering, and development, as authorized under part 

A of subtitle VII of title 49, United States Code, including construction of experimental facilities and acquisition of necessary sites 

by lease or grant, $190,500,000, to be derived from the Airport 

and Airway Trust Fund and to remain available until September 

30, 2012: Provided, That there may be credited to this appropriation 

as offsetting collections, funds received from States, counties, 

municipalities, other public authorities, and private sources, which 

shall be available for expenses incurred for research, engineering, 

and development. 

GRANTS-IN-AID FOR AIRPORTS

(LIQUIDATION OF CONTRACT AUTHORIZATION)

(LIMITATION ON OBLIGATIONS)

(AIRPORT AND AIRWAY TRUST FUND)

(INCLUDING TRANSFER OF FUNDS)

For liquidation of obligations incurred for grants-in-aid for airport planning and development, and noise compatibility planning 

and programs as authorized under subchapter I of chapter 471 

and subchapter I of chapter 475 of title 49, United States Code, 

and under other law authorizing such obligations; for procurement, 

installation, and commissioning of runway incursion prevention 

devices and systems at airports of such title; for grants authorized 

under section 41743 of title 49, United States Code; and for inspection activities and administration of airport safety programs, 

including those related to airport operating certificates under section 44706 of title 49, United States Code, $3,000,000,000 to be 

derived from the Airport and Airway Trust Fund and to remain 

available until expended: Provided, That none of the funds under 

this heading shall be available for the planning or execution of 

Investment plan. 


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123 STAT. 3042 PUBLIC LAW 111–117—DEC. 16, 2009 

programs the obligations for which are in excess of $3,515,000,000 

in fiscal year 2010, notwithstanding section 47117(g) of title 49, 

United States Code: Provided further, That none of the funds under 

this heading shall be available for the replacement of baggage 

conveyor systems, reconfiguration of terminal baggage areas, or 

other airport improvements that are necessary to install bulk explosive detection systems: Provided further, That notwithstanding any 

other provision of law, of funds limited under this heading, not 

more than $93,422,000 shall be obligated for administration, not 

less than $15,000,000 shall be available for the airport cooperative 

research program, not less than $22,472,000 shall be for Airport 

Technology Research and $6,000,000, to remain available until 

expended, shall be available and transferred to ‘‘Office of the Secretary, Salaries and Expenses’’ to carry out the Small Community 

Air Service Development Program. 

(RESCISSION)

Of the amounts authorized for the fiscal year ending September 

30, 2009, and prior years under sections 48103 and 48112 of title 

49, United States Code, $394,000,000 are permanently rescinded. 

ADMINISTRATIVE PROVISIONS—FEDERAL AVIATION ADMINISTRATION

SEC. 110. None of the funds in this Act may be used to compensate in excess of 600 technical staff-years under the federally 

funded research and development center contract between the Federal Aviation Administration and the Center for Advanced Aviation 

Systems Development during fiscal year 2010. 

SEC. 111. None of the funds in this Act shall be used to 

pursue or adopt guidelines or regulations requiring airport sponsors 

to provide to the Federal Aviation Administration without cost 

building construction, maintenance, utilities and expenses, or space 

in airport sponsor-owned buildings for services relating to air traffic 

control, air navigation, or weather reporting: Provided, That the 

prohibition of funds in this section does not apply to negotiations 

between the agency and airport sponsors to achieve agreement 

on ‘‘below-market’’ rates for these items or to grant assurances 

that require airport sponsors to provide land without cost to the 

FAA for air traffic control facilities. 

SEC. 112. The Administrator of the Federal Aviation Administration may reimburse amounts made available to satisfy 49 U.S.C. 

41742(a)(1) from fees credited under 49 U.S.C. 45303: Provided, 

That during fiscal year 2010, 49 U.S.C. 41742(b) shall not apply, 

and any amount remaining in such account at the close of that 

fiscal year may be made available to satisfy section 41742(a)(1) 

for the subsequent fiscal year. 

SEC. 113. Amounts collected under section 40113(e) of title 

49, United States Code, shall be credited to the appropriation 

current at the time of collection, to be merged with and available 

for the same purposes of such appropriation. 

SEC. 114. (a) Section 44302(f)(1) of title 49, United States 

Code, is amended— 

(1) by striking ‘‘September 30, 2009,’’ and inserting ‘‘September 30, 2010,’’; and 

(2) by striking ‘‘December 31, 2009,’’ and inserting 

‘‘December 31, 2010,’’. 

Explosive 

detection 

systems. 


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PUBLIC LAW 111–117—DEC. 16, 2009 123 STAT. 3043 

(b) Section 44303(b) of such title is amended by striking 

‘‘December 31, 2009,’’ and inserting ‘‘December 31, 2010,’’. 

SEC. 115. None of the funds appropriated or limited by this 

Act may be used to change weight restrictions or prior permission 

rules at Teterboro airport in Teterboro, New Jersey. 

SEC. 116. None of the funds limited by this Act for grants 

under the Airport Improvement Program shall be made available 

to the sponsor of a commercial service airport if such sponsor 

fails to agree to a request from the Secretary of Transportation 

for cost-free space in a non-revenue producing, public use area 

of the airport terminal or other airport facilities for the purpose 

of carrying out a public service air passenger rights and consumer 

outreach campaign. 

SEC. 117. None of the funds in this Act shall be available 

for paying premium pay under subsection 5546(a) of title 5, United 

States Code, to any Federal Aviation Administration employee 

unless such employee actually performed work during the time 

corresponding to such premium pay. 

SEC. 118. None of the funds in this Act may be obligated 

or expended for an employee of the Federal Aviation Administration 

to purchase a store gift card or gift certificate through use of 

a Government-issued credit card. 

SEC. 119. The Secretary shall apportion to the sponsor of an 

airport that received scheduled or unscheduled air service from 

a large certified air carrier (as defined in part 241 of title 14 

Code of Federal Regulations, or such other regulations as may 

be issued by the Secretary under the authority of section 41709) 

an amount equal to the minimum apportionment specified in 49 

U.S.C. 47114(c), if the Secretary determines that airport had more 

than 10,000 passenger boardings in the preceding calendar year, 

based on data submitted to the Secretary under part 241 of title 

14, Code of Federal Regulations. 

FEDERAL HIGHWAY ADMINISTRATION

LIMITATION ON ADMINISTRATIVE EXPENSES

(INCLUDING TRANSFER OF FUNDS)

Not to exceed $413,533,000, together with advances and 

reimbursements received by the Federal Highway Administration, 

shall be paid in accordance with law from appropriations made 

available by this Act to the Federal Highway Administration for 

necessary expenses for administration and operation. In addition, 

not to exceed $3,524,000 shall be paid from appropriations made 

available by this Act and transferred to the Department of 

Transportation’s Office of Inspector General for costs associated 

with audits and investigations of projects and programs of the 

Federal Highway Administration, and not to exceed $285,000 shall 

be paid from appropriations made available by this Act and provided 

to that office through reimbursement to conduct the annual audits 

of financial statements in accordance with section 3521 of title 

31, United States Code. In addition, not to exceed $3,220,000 shall 

be paid from appropriations made available by this Act and transferred to the Appalachian Regional Commission in accordance with 

section 104 of title 23, United States Code. 

Apportionment. 

Premium pay. 

New Jersey. 


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123 STAT. 3044 PUBLIC LAW 111–117—DEC. 16, 2009 

FEDERAL-AID HIGHWAYS

(LIMITATION ON OBLIGATIONS)

(HIGHWAY TRUST FUND)

None of the funds in this Act shall be available for the 

implementation or execution of programs, the obligations for which 

are in excess of $41,107,000,000 for Federal-aid highways and highway safety construction programs for fiscal year 2010: Provided, 

That within the $41,107,000,000 obligation limitation on Federalaid highways and highway safety construction programs, not more 

than $429,800,000 shall be available for the implementation or 

execution of programs for transportation research (chapter 5 of 

title 23, United States Code; sections 111, 5505, and 5506 of title 

49, United States Code; and title 5 of Public Law 109–59) for 

fiscal year 2010: Provided further, That this limitation on transportation research programs shall not apply to any authority previously 

made available for obligation: Provided further, That the Secretary 

may, as authorized by section 605(b) of title 23, United States 

Code, collect and spend fees to cover the costs of services of expert 

firms, including counsel, in the field of municipal and project finance 

to assist in the underwriting and servicing of Federal credit 

instruments and all or a portion of the costs to the Federal Government of servicing such credit instruments: Provided further, That 

such fees are available until expended to pay for such costs: Provided further, That such amounts are in addition to administrative 

expenses that are also available for such purpose, and are not 

subject to any obligation limitation or the limitation on administrative expenses under section 608 of title 23, United States Code. 

(LIQUIDATION OF CONTRACT AUTHORIZATION)

(HIGHWAY TRUST FUND)

For carrying out the provisions of title 23, United States Code, 

that are attributable to Federal-aid highways, not otherwise provided, including reimbursement for sums expended pursuant to 

the provisions of 23 U.S.C. 308, $41,846,000,000 or so much thereof 

as may be available in and derived from the Highway Trust Fund 

(other than the Mass Transit Account), to remain available until 

expended. 

SURFACE TRANSPORTATION PRIORITIES

For the necessary expenses of certain highway and surface 

transportation projects, $292,829,000, to remain available until 

expended: Provided, That the amount provided under this heading 

shall be made available for the programs, projects, and activities 

identified under this heading in the explanatory statement accompanying this Act: Provided further, That funds provided under 

this heading, at the request of a State, shall be transferred by 

the Secretary to another Federal agency: Provided further, That 

the Federal share payable on account of any program, project, 

or activity carried out with funds provided under this heading 

shall be 100 percent: Provided further, That none of the funds 

provided under this heading shall be subject to any limitation 

23 USC 104 note. 


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PUBLIC LAW 111–117—DEC. 16, 2009 123 STAT. 3045 

on obligations for Federal-aid highways and highway safety 

construction programs set forth in this Act or any other Act. 

ADMINISTRATIVE PROVISIONS—FEDERAL HIGHWAY ADMINISTRATION

SEC. 120. (a) For fiscal year 2010, the Secretary of Transportation shall— 

(1) not distribute from the obligation limitation for Federalaid highways amounts authorized for administrative expenses 

and programs by section 104(a) of title 23, United States Code; 

programs funded from the administrative takedown authorized 

by section 104(a)(1) of title 23, United States Code (as in 

effect on the date before the date of enactment of the Safe, 

Accountable, Flexible, Efficient Transportation Equity Act: A 

Legacy for Users); the highway use tax evasion program; and 

the Bureau of Transportation Statistics; 

(2) not distribute an amount from the obligation limitation 

for Federal-aid highways that is equal to the unobligated balance of amounts made available from the Highway Trust Fund 

(other than the Mass Transit Account) for Federal-aid highways 

and highway safety programs for previous fiscal years the funds 

for which are allocated by the Secretary; 

(3) determine the ratio that— 

(A) the obligation limitation for Federal-aid highways, 

less the aggregate of amounts not distributed under paragraphs (1) and (2), bears to 

(B) the total of the sums authorized to be appropriated 

for Federal-aid highways and highway safety construction 

programs (other than sums authorized to be appropriated 

for provisions of law described in paragraphs (1) through 

(9) of subsection (b) and sums authorized to be appropriated 

for section 105 of title 23, United States Code, equal to 

the amount referred to in subsection (b)(10) for such fiscal 

year), less the aggregate of the amounts not distributed 

under paragraphs (1) and (2) of this subsection; 

(4)(A) distribute the obligation limitation for Federal-aid 

highways, less the aggregate amounts not distributed under 

paragraphs (1) and (2), for sections 1301, 1302, and 1934 of 

the Safe, Accountable, Flexible, Efficient Transportation Equity 

Act: A Legacy for Users; sections 117 (but individually for 

each project numbered 1 through 3676 listed in the table contained in section 1702 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users) and section 144(g) of title 23, United States Code; and section 14501 

of title 40, United States Code, so that the amount of obligation 

authority available for each of such sections is equal to the 

amount determined by multiplying the ratio determined under 

paragraph (3) by the sums authorized to be appropriated for 

that section for the fiscal year; and 

(B) distribute $2,000,000,000 for section 105 of title 23, 

United States Code; 

(5) distribute the obligation limitation provided for Federalaid highways, less the aggregate amounts not distributed under 

paragraphs (1) and (2) and amounts distributed under paragraph (4), for each of the programs that are allocated by the 

Secretary under the Safe, Accountable, Flexible, Efficient 

Transportation Equity Act: A Legacy for Users and title 23, 

23 USC 104 note. 


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123 STAT. 3046 PUBLIC LAW 111–117—DEC. 16, 2009 

United States Code (other than to programs to which paragraphs (1) and (4) apply), by multiplying the ratio determined 

under paragraph (3) by the amounts authorized to be appropriated for each such program for such fiscal year; and 

(6) distribute the obligation limitation provided for Federalaid highways, less the aggregate amounts not distributed under 

paragraphs (1) and (2) and amounts distributed under paragraphs (4) and (5), for Federal-aid highways and highway safety 

construction programs (other than the amounts apportioned 

for the equity bonus program, but only to the extent that 

the amounts apportioned for the equity bonus program for 

the fiscal year are greater than $2,639,000,000, and the Appalachian development highway system program) that are apportioned by the Secretary under the Safe, Accountable, Flexible, 

Efficient Transportation Equity Act: A Legacy for Users and 

title 23, United States Code, in the ratio that— 

(A) amounts authorized to be appropriated for such 

programs that are apportioned to each State for such fiscal 

year, bear to 

(B) the total of the amounts authorized to be appropriated for such programs that are apportioned to all States 

for such fiscal year. 

(b) EXCEPTIONS FROM OBLIGATION LIMITATION.—The obligation 

limitation for Federal-aid highways shall not apply to obligations: 

(1) under section 125 of title 23, United States Code; (2) under 

section 147 of the Surface Transportation Assistance Act of 1978; 

(3) under section 9 of the Federal-Aid Highway Act of 1981; (4) 

under subsections (b) and (j) of section 131 of the Surface Transportation Assistance Act of 1982; (5) under subsections (b) and (c) 

of section 149 of the Surface Transportation and Uniform Relocation 

Assistance Act of 1987; (6) under sections 1103 through 1108 of 

the Intermodal Surface Transportation Efficiency Act of 1991; (7) 

under section 157 of title 23, United States Code, as in effect 

on the day before the date of the enactment of the Transportation 

Equity Act for the 21st Century; (8) under section 105 of title 

23, United States Code, as in effect for fiscal years 1998 through 

2004, but only in an amount equal to $639,000,000 for each of 

those fiscal years; (9) for Federal-aid highway programs for which 

obligation authority was made available under the Transportation 

Equity Act for the 21st Century or subsequent public laws for 

multiple years or to remain available until used, but only to the 

extent that the obligation authority has not lapsed or been used; 

(10) under section 105 of title 23, United States Code, but only 

in an amount equal to $639,000,000 for each of fiscal years 2005 

through 2010; and (11) under section 1603 of the Safe, Accountable, 

Flexible, Efficient Transportation Equity Act: A Legacy for Users, 

to the extent that funds obligated in accordance with that section 

were not subject to a limitation on obligations at the time at 

which the funds were initially made available for obligation. 

(c) REDISTRIBUTION OF UNUSED OBLIGATION AUTHORITY.—Notwithstanding subsection (a), the Secretary shall, after August 1 

of such fiscal year, revise a distribution of the obligation limitation 

made available under subsection (a) if the amount distributed 

cannot be obligated during that fiscal year and redistribute sufficient amounts to those States able to obligate amounts in addition 

to those previously distributed during that fiscal year, giving priority to those States having large unobligated balances of funds 

Distribution 

date. 


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PUBLIC LAW 111–117—DEC. 16, 2009 123 STAT. 3047 

apportioned under sections 104 and 144 of title 23, United States 

Code. 

(d) APPLICABILITY OF OBLIGATION LIMITATIONS TO TRANSPORTATION RESEARCH PROGRAMS.—The obligation limitation shall apply 

to transportation research programs carried out under chapter 5 

of title 23, United States Code, and title V (research title) of 

the Safe, Accountable, Flexible, Efficient Transportation Equity Act: 

A Legacy for Users, except that obligation authority made available 

for such programs under such limitation shall remain available 

for a period of 3 fiscal years and shall be in addition to the 

amount of any limitation imposed on obligations for Federal-aid 

highway and highway safety construction programs for future fiscal 

years. 

(e) REDISTRIBUTION OF CERTAIN AUTHORIZED FUNDS.— (1) IN GENERAL.—Not later than 30 days after the date 

of the distribution of obligation limitation under subsection 

(a), the Secretary shall distribute to the States any funds 

that— 

(A) are authorized to be appropriated for such fiscal 

year for Federal-aid highways programs; and 

(B) the Secretary determines will not be allocated to 

the States, and will not be available for obligation, in 

such fiscal year due to the imposition of any obligation 

limitation for such fiscal year. 

(2) RATIO.—Funds shall be distributed under paragraph 

(1) in the same ratio as the distribution of obligation authority 

under subsection (a)(6). 

(3) AVAILABILITY.—Funds distributed under paragraph (1) 

shall be available for any purposes described in section 133(b) 

of title 23, United States Code. 

(f) SPECIAL LIMITATION CHARACTERISTICS.—Obligation limitation distributed for a fiscal year under subsection (a)(4) for the 

provision specified in subsection (a)(4) shall— 

(1) remain available until used for obligation of funds for 

that provision; and 

(2) be in addition to the amount of any limitation imposed 

on obligations for Federal-aid highway and highway safety 

construction programs for future fiscal years. 

(g) HIGH PRIORITY PROJECT FLEXIBILITY.— 

(1) IN GENERAL.—Subject to paragraph (2), obligation 

authority distributed for such fiscal year under subsection (a)(4) 

for each project numbered 1 through 3676 listed in the table 

contained in section 1702 of the Safe, Accountable, Flexible, 

Efficient Transportation Equity Act: A Legacy for Users may 

be obligated for any other project in such section in the same 

State. 

(2) RESTORATION.—Obligation authority used as described 

in paragraph (1) shall be restored to the original purpose on 

the date on which obligation authority is distributed under 

this section for the next fiscal year following obligation under 

paragraph (1). 

(h) LIMITATION ON STATUTORY CONSTRUCTION.—Nothing in this 

section shall be construed to limit the distribution of obligation 

authority under subsection (a)(4)(A) for each of the individual 

projects numbered greater than 3676 listed in the table contained 

in section 1702 of the Safe, Accountable, Flexible, Efficient 

Transportation Equity Act: A Legacy for Users. 

Deadline. 


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123 STAT. 3048 PUBLIC LAW 111–117—DEC. 16, 2009 

SEC. 121. Notwithstanding 31 U.S.C. 3302, funds received by 

the Bureau of Transportation Statistics from the sale of data products, for necessary expenses incurred pursuant to 49 U.S.C. 111 

may be credited to the Federal-aid highways account for the purpose 

of reimbursing the Bureau for such expenses: Provided, That such 

funds shall be subject to the obligation limitation for Federalaid highways and highway safety construction. 

SEC. 122. There is hereby appropriated to the Secretary of Transportation $650,000,000, to remain available through September 30, 2012: Provided, That the funds provided under this 

section shall be apportioned to the States in the same ratio as 

the obligation limitation for fiscal year 2010 is distributed among 

the States in section 120(a)(6) of this Act, and made available 

for the restoration, repair, construction, and other activities eligible 

under paragraph (b) of section 133 of title 23, United States Code: 

Provided further, That funds apportioned under this section shall 

be administered as if apportioned under chapter 1 of title 23, 

United States Code: Provided further, That the Federal share payable on account of any project or activity carried out with funds 

apportioned under this section shall be 80 percent: Provided further, That funding provided under this section shall be in addition to 

any and all funds provided for fiscal year 2010 in this or 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 amounts made available under 

this section 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 

section. 

SEC. 123. Not less than 15 days prior to waiving, under his 

statutory authority, any Buy America requirement for Federalaid highway projects, the Secretary of Transportation shall make 

an informal public notice and comment opportunity on the intent 

to issue such waiver and the reasons therefor: Provided, That 

the Secretary shall provide an annual report to the Appropriations 

Committees of the Congress on any waivers granted under the 

Buy America requirements. 

SEC. 124. (a) IN GENERAL.—Except as provided in subsection 

(b), none of the funds made available, limited, or otherwise affected 

by this Act shall be used to approve or otherwise authorize the 

imposition of any toll on any segment of highway located on the 

Federal-aid system in the State of Texas that— 

(1) as of the date of enactment of this Act, is not tolled; 

(2) is constructed with Federal assistance provided under 

title 23, United States Code; and 

(3) is in actual operation as of the date of enactment 

of this Act. 

(b) EXCEPTIONS.— 

(1) NUMBER OF TOLL LANES.—Subsection (a) shall not apply 

to any segment of highway on the Federal-aid system described 

in that subsection that, as of the date on which a toll is 

imposed on the segment, will have the same number of nontoll lanes as were in existence prior to that date. 

(2) HIGH-OCCUPANCY VEHICLE LANES.—A high-occupancy 

vehicle lane that is converted to a toll lane shall not be subject 

to this section, and shall not be considered to be a non-toll 

Texas. 

Reports. 

Time period. 

Notice. 

Public comments. 

23 USC 313 note. 

Applicability. 


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PUBLIC LAW 111–117—DEC. 16, 2009 123 STAT. 3049 

lane for purposes of determining whether a highway will have 

fewer non-toll lanes than prior to the date of imposition of 

the toll, if— 

(A) high-occupancy vehicles occupied by the number 

of passengers specified by the entity operating the toll 

lane may use the toll lane without paying a toll, unless 

otherwise specified by the appropriate county, town, municipal or other local government entity, or public toll road 

or transit authority; or 

(B) each high-occupancy vehicle lane that was converted to a toll lane was constructed as a temporary lane 

to be replaced by a toll lane under a plan approved by 

the appropriate county, town, municipal or other local 

government entity, or public toll road or transit authority. 

SEC. 125. (a) In the explanatory statement referenced in section 

129 of division K of Public Law 110–161 (121 Stat. 2388), the 

item relating to ‘‘Route 5 Overpass and River Center, St. Mary’s 

County, MD’’ in the table of projects for such section 129 is deemed 

to be amended by striking ‘‘Route 5 Overpass and River Center, 

St. Mary’s County, MD’’ and inserting ‘‘Safety Improvements and 

Traffic Calming Measures along Route 5 at St. Mary’s County, 

MD’’. 

(b) In the explanatory statement referenced in section 186 

of title I of division I of Public Law 111–8 (123 Stat. 947), the 

item relating to ‘‘US 422 River Crossing Complex Project, King 

of Prussia, PA’’ in the table of projects under the heading ‘‘Transportation, Community, and System Preservation Program’’ is deemed 

to be amended by striking ‘‘US 422 River Crossing Complex Project, 

King of Prussia, PA’’ and inserting ‘‘For closed loop signal control 

system and other improvements for Trooper Road in Lower Providence and West Norriton Townships, Montgomery County, PA’’. 

(c) In the explanatory statement referenced in section 186 of 

title I of division I of Public Law 111–8 (123 Stat. 947), the item 

relating to ‘‘Improving the West Bank River Front, IL’’ in the 

table of projects under the heading ‘‘Transportation, Community, 

and System Preservation Program’’ is deemed to be amended by 

striking ‘‘Improving the West Bank River Front, IL’’ and inserting 

‘‘East Bank River Front and Bikeway Improvements, IL’’. 

(d) In the explanatory statement referenced in section 186 

of title I of division K of Public Law 110–161 (121 Stat. 2406), 

as amended by section 129(d) of division I of Public Law 111– 

8 (123 Stat. 947), the item relating to ‘‘Repair of Side Streets 

and Relocation of Water Mains resulting from rerouting of traffic 

and reconstruction of 159th Street in Harvey, IL’’ in the table 

of projects under the heading ‘‘Transportation, Community, and 

System Preservation Program’’ is deemed to be amended by striking 

‘‘Repair of Side Streets and Relocation of Water Mains resulting 

from rerouting of traffic and reconstruction of 159th Street in 

Harvey, IL’’ and inserting ‘‘Intersection Improvements on Crawford 

Avenue and 203rd Street in the Village of Olympia Fields, IL’’. 

(e) In the explanatory statement referenced in section 129 

of division K of Public Law 110–161 (121 Stat. 2388), the item 

relating to ‘‘Study Improvements to 109th Avenue, Winfield, IN’’ 

in the table of projects for such section 129 is deemed to be amended 

by striking ‘‘Winfield, IN’’ and inserting ‘‘Town of Winfield, City 

of Crown Point, Lake County, IN’’. 


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123 STAT. 3050 PUBLIC LAW 111–117—DEC. 16, 2009 

(f) In the explanatory statement referenced in section 186 of 

title I of division I of Public Law 111–8 (123 Stat. 947), the item 

relating to ‘‘Ronald Reagan Parkway (Middle and Southern segments), Boone County, IN’’ in the table of projects under the heading 

‘‘Transportation, Community, and System Preservation Program’’ 

is deemed to be amended by striking ‘‘Boone County’’ and inserting 

‘‘Hendricks County’’. 

(g) In the explanatory statement referenced in section 186 

of title I of division I of Public Law 111–8 (123 Stat. 947), the 

item relating to ‘‘Onville Road Intersection and Road-Widening 

Project, Prince William County, VA’’ in the table of projects under 

the heading ‘‘Federal Lands’’ is deemed to be amended by striking 

‘‘Prince William’’ and inserting ‘‘Stafford’’. 

(h) In the explanatory statement referenced in section 186 

of title I of division I of Public Law 111–8 (123 Stat. 947), the 

item relating to ‘‘U.S. 59/Alabama Grade Separation Project, St. 

Joseph, MO’’ in the table of projects under the heading ‘‘Interstate 

Maintenance Discretionary’’ is deemed to be amended by striking 

‘‘U.S. 59/Alabama Grade Separation Project, St. Joseph, MO’’ and 

inserting ‘‘I-29 Interchange Reconstruction in St. Joseph, MO’’. 

(i) In the explanatory statement referenced in section 186 of 

title I of division I of Public Law 111–8 (123 Stat. 947), the item 

relating to ‘‘Decking and Sidewalk Replacement on the Central 

Avenue Overpass, South Charleston, WV’’ in the table of projects 

under the heading ‘‘Interstate Maintenance Discretionary’’ is 

deemed to be amended by striking ‘‘Decking and Sidewalk Replacement on the Central Avenue Overpass, South Charleston, WV’’ 

and inserting ‘‘General Interstate Maintenance, WV’’. 

(j) In the explanatory statement referenced in section 125 of 

title I of division I of Public Law 111–8 (123 Stat. 928), the item 

relating to ‘‘Wapsi Great Western Line Trail, Mitchell County, 

IA’’ is deemed to be amended by striking ‘‘Mitchell County’’ and 

inserting ‘‘Mitchell and Howard Counties’’. 

(k) In the explanatory statement referenced in section 125 

of title I of division I of Public Law 111–8 (123 Stat. 928), the 

item relating to ‘‘Highway 169 Corridor Project Environmental 

Assessment, Preliminary Engineering and Planning, Humboldt, IA’’ 

is deemed to be amended by striking ‘‘Corridor Project Environmental Assessment, Preliminary Engineering and Planning, Humboldt, IA’’ and inserting ‘‘Construction, Humboldt and Webster 

Counties, IA’’. 

(l) In the explanatory statement referenced in section 125 of 

title I of division I of Public Law 111–8 (123 Stat. 928), the item 

relating to ‘‘Highway 53 Interchanges, WI’’ is deemed to be amended 

by striking ‘‘Interchanges’’ and inserting ‘‘Intersections’’. 

SEC. 126. Item 4866A in the table contained in section 1702 

of the Safe, Accountable, Flexible, Efficient Transportation Equity 

Act: A Legacy for Users (Public Law 109–59) is amended by striking 

‘‘Repair and restore’’ and inserting ‘‘Removal of and enhancements 

around’’. 

SEC. 127. Item 3923 in the table contained in section 1702 

of the Safe, Accountable, Flexible, Efficient Transportation Equity 

Act: A Legacy for Users (Public Law 109–59) is amended by striking 

‘‘to 4 lanes from I–10 to West U.S. 90’’. 

SEC. 128. Funds made available for ‘‘Brentwood Boulevard/ 

SR 4 Improvements, Brentwood, CA’’ under section 129 of Public 

119 Stat. 1407. 

119 Stat. 1442; 

122 Stat. 1596. 


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PUBLIC LAW 111–117—DEC. 16, 2009 123 STAT. 3051 

Law 110–161 shall be made available for ‘‘John Muir Parkway 

Project, Brentwood, CA’’. 

SEC. 129. The table contained in section 1702 of the Safe, 

Accountable, Flexible, Efficient Transportation Equity Act: A Legacy 

for Users (119 Stat. 1256) is amended in item number 3138 by 

striking the project description and inserting ‘‘Elimination of highway-railway crossings and rehabilitation of rail along the KO railroad to Osborne’’. 

SEC. 130. Funds made available for ‘‘City of Tuscaloosa Downtown Revitalization Project—University Blvd and Greensboro 

Avenue, AL’’ under section 125 of Public Law 111–8 shall be made 

available for ‘‘City of Tuscaloosa Downtown Revitalization Project— 

University Blvd’’. 

SEC. 131. The table contained in section 1702 of the Safe, 

Accountable, Flexible, Efficient Transportation Equity Act: A Legacy 

for Users (119 Stat. 1256) is amended by striking the project 

description for item number 4573 and inserting the following: 

‘‘Design and construct interchange on I–15 in Mesquite’’. 

FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION

MOTOR CARRIER SAFETY OPERATIONS AND PROGRAMS

(LIQUIDATION OF CONTRACT AUTHORIZATION)

(LIMITATION ON OBLIGATIONS)

(HIGHWAY TRUST FUND)

For payment of obligations incurred in the implementation, 

execution and administration of motor carrier safety operations 

and programs pursuant to section 31104(i) of title 49, United States 

Code, and sections 4127 and 4134 of Public Law 109–59, 

$239,828,000, to be derived from the Highway Trust Fund (other 

than the Mass Transit Account), together with advances and 

reimbursements received by the Federal Motor Carrier Safety 

Administration, the sum of which shall remain available until 

expended: Provided, That none of the funds derived from the Highway Trust Fund in this Act shall be available for the implementation, execution or administration of programs, the obligations for 

which are in excess of $239,828,000, for ‘‘Motor Carrier Safety 

Operations and Programs’’ of which $8,543,000, to remain available 

for obligation until September 30, 2012, is for the research and 

technology program and $1,000,000 shall be available for commercial motor vehicle operator’s grants to carry out section 4134 of 

Public Law 109–59: Provided further, That notwithstanding any 

other provision of law, none of the funds under this heading for 

outreach and education shall be available for transfer: Provided 

further, That the Federal Motor Carrier Safety Administration shall 

transmit to Congress a report on March 30, 2010, and September 

30, 2010, on the agency’s ability to meet its requirement to conduct 

compliance reviews on high-risk carriers. 

Reports. 

Deadlines. 

119 Stat. 1431. 

119 Stat. 1378. 


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123 STAT. 3052 PUBLIC LAW 111–117—DEC. 16, 2009 

MOTOR CARRIER SAFETY GRANTS

(LIQUIDATION OF CONTRACT AUTHORIZATION)

(LIMITATION ON OBLIGATIONS)

(HIGHWAY TRUST FUND)

(INCLUDING RESCISSION)

For payment of obligations incurred in carrying out sections 

31102, 31104(a), 31106, 31107, 31109, 31309, 31313 of title 49, 

United States Code, and sections 4126 and 4128 of Public Law 

109–59, $310,070,000, to be derived from the Highway Trust Fund 

(other than the Mass Transit Account) and to remain available 

until expended: Provided, That none of the funds in this Act shall 

be available for the implementation or execution of programs, the 

obligations for which are in excess of $310,070,000, for ‘‘Motor 

Carrier Safety Grants’’; of which $212,070,000 shall be available 

for the motor carrier safety assistance program to carry out sections 

31102 and 31104(a) of title 49, United States Code; $25,000,000 

shall be available for the commercial driver’s license improvements 

program to carry out section 31313 of title 49, United States Code; 

$32,000,000 shall be available for the border enforcement grants 

program to carry out section 31107 of title 49, United States Code; 

$5,000,000 shall be available for the performance and registration 

information system management program to carry out sections 

31106(b) and 31109 of title 49, United States Code; $25,000,000 

shall be available for the commercial vehicle information systems 

and networks deployment program to carry out section 4126 of 

Public Law 109–59; $3,000,000 shall be available for the safety 

data improvement program to carry out section 4128 of Public 

Law 109–59; and $8,000,000 shall be available for the commercial 

driver’s license information system modernization program to carry 

out section 31309(e) of title 49, United States Code: Provided further, That of the funds made available for the motor carrier safety 

assistance program, $29,000,000 shall be available for audits of 

new entrant motor carriers: Provided further, That $1,610,661 in 

unobligated balances are permanently rescinded. 

MOTOR CARRIER SAFETY

(HIGHWAY TRUST FUND)

(RESCISSION)

Of the amounts made available under this heading in prior 

appropriations Acts, $6,415,501 in unobligated balances are permanently rescinded. 


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PUBLIC LAW 111–117—DEC. 16, 2009 123 STAT. 3053 

NATIONAL MOTOR CARRIER SAFETY PROGRAM

(HIGHWAY TRUST FUND)

(RESCISSION)

Of the amounts made available under this heading in prior 

appropriations Acts, $3,232,639 in unobligated balances are permanently rescinded. 

ADMINISTRATIVE PROVISION—FEDERAL MOTOR CARRIER SAFETY

ADMINISTRATION

SEC. 135. Funds appropriated or limited in this Act shall be 

subject to the terms and conditions stipulated in section 350 of 

Public Law 107–87 and section 6901 of Public Law 110–28, 

including that the Secretary submit a report to the House and 

Senate Appropriations Committees annually on the safety and security of transportation into the United States by Mexico-domiciled 

motor carriers. 

NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION

OPERATIONS AND RESEARCH

For expenses necessary to discharge the functions of the Secretary, with respect to traffic and highway safety under subtitle 

C of title X of Public Law 109–59 and chapter 301 and part C 

of subtitle VI of title 49, United States Code, $140,427,000, of 

which $35,543,000 shall remain available through September 30, 

2011: Provided, That none of the funds appropriated by this Act 

may be obligated or expended to plan, finalize, or implement any 

rulemaking to add to section 575.104 of title 49 of the Code of 

Federal Regulations any requirement pertaining to a grading 

standard that is different from the three grading standards 

(treadwear, traction, and temperature resistance) already in effect. 

OPERATIONS AND RESEARCH

(LIQUIDATION OF CONTRACT AUTHORIZATION)

(LIMITATION ON OBLIGATIONS)

(HIGHWAY TRUST FUND)

For payment of obligations incurred in carrying out the provisions of 23 U.S.C. 403, $105,500,000 to be derived from the Highway 

Trust Fund (other than the Mass Transit Account) and to remain 

available until expended: Provided, That none of the funds in this 

Act shall be available for the planning or execution of programs 

the total obligations for which, in fiscal year 2010, are in excess 

of $105,500,000 for programs authorized under 23 U.S.C. 403: Provided further, That within the $105,500,000 obligation limitation 

for operations and research, $26,908,000 shall remain available 

until September 30, 2011 and shall be in addition to the amount 

of any limitation imposed on obligations for future years. 

Reports. 


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123 STAT. 3054 PUBLIC LAW 111–117—DEC. 16, 2009 

NATIONAL DRIVER REGISTER

(LIQUIDATION OF CONTRACT AUTHORIZATION)

(LIMITATION ON OBLIGATIONS)

(HIGHWAY TRUST FUND)

For payment of obligations incurred in carrying out chapter 303 of title 49, United States Code, $4,000,000, to be derived from 

the Highway Trust Fund (other than the Mass Transit Account) 

and to remain available until expended: Provided, That none of 

the funds in this Act shall be available for the implementation 

or execution of programs the total obligations for which, in fiscal 

year 2010, are in excess of $4,000,000 for the National Driver 

Register authorized under such chapter. 

NATIONAL DRIVER REGISTER MODERNIZATION

For an additional amount for the ‘‘National Driver Register’’ 

as authorized by chapter 303 of title 49, United States Code, 

$3,350,000, to remain available through September 30, 2011: Provided, That the funding made available under this heading shall 

be used to carry out the modernization of the National Driver 

Register. 

HIGHWAY TRAFFIC SAFETY GRANTS

(LIQUIDATION OF CONTRACT AUTHORIZATION)

(LIMITATION ON OBLIGATIONS)

(HIGHWAY TRUST FUND)

For payment of obligations incurred in carrying out the provisions of 23 U.S.C. 402, 405, 406, 408, and 410 and sections 

2001(a)(11), 2009, 2010, and 2011 of Public Law 109–59, to remain 

available until expended, $619,500,000 to be derived from the Highway Trust Fund (other than the Mass Transit Account): Provided, 

That none of the funds in this Act shall be available for the 

planning or execution of programs the total obligations for which, 

in fiscal year 2010, are in excess of $619,500,000 for programs 

authorized under 23 U.S.C. 402, 405, 406, 408, and 410 and sections 

2001(a)(11), 2009, 2010, and 2011 of Public Law 109–59, of which 

$235,000,000 shall be for ‘‘Highway Safety Programs’’ under 23 

U.S.C. 402; $25,000,000 shall be for ‘‘Occupant Protection Incentive 

Grants’’ under 23 U.S.C. 405; $124,500,000 shall be for ‘‘Safety 

Belt Performance Grants’’ under 23 U.S.C. 406, and such obligation 

limitation shall remain available until September 30, 2011 in 

accordance with subsection (f) of such section 406 and shall be 

in addition to the amount of any limitation imposed on obligations 

for such grants for future fiscal years; $34,500,000 shall be for 

‘‘State Traffic Safety Information System Improvements’’ under 23 

U.S.C. 408; $139,000,000 shall be for ‘‘Alcohol-Impaired Driving 

Countermeasures Incentive Grant Program’’ under 23 U.S.C. 410; 

$18,500,000 shall be for ‘‘Administrative Expenses’’ under section 

2001(a)(11) of Public Law 109–59; $29,000,000 shall be for ‘‘High 

Visibility Enforcement Program’’ under section 2009 of Public Law 


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PUBLIC LAW 111–117—DEC. 16, 2009 123 STAT. 3055 

109–59; $7,000,000 shall be for ‘‘Motorcyclist Safety’’ under section 

2010 of Public Law 109–59; and $7,000,000 shall be for ‘‘Child 

Safety and Child Booster Seat Safety Incentive Grants’’ under section 2011 of Public Law 109–59: Provided further, That none of 

these funds shall be used for construction, rehabilitation, or remodeling costs, or for office furnishings and fixtures for State, local 

or private buildings or structures: Provided further, That not to 

exceed $500,000 of the funds made available for section 410 

‘‘Alcohol-Impaired Driving Countermeasures Grants’’ shall be available for technical assistance to the States: Provided further, That 

not to exceed $750,000 of the funds made available for the ‘‘High 

Visibility Enforcement Program’’ shall be available for the evaluation required under section 2009(f) of Public Law 109–59. 

ADMINISTRATIVE PROVISIONS—NATIONAL HIGHWAY TRAFFIC SAFETY

ADMINISTRATION

(INCLUDING RESCISSIONS)

SEC. 140. Notwithstanding any other provision of law or limitation on the use of funds made available under section 403 of 

title 23, United States Code, an additional $130,000 shall be made 

available to the National Highway Traffic Safety Administration, 

out of the amount limited for section 402 of title 23, United States 

Code, to pay for travel and related expenses for State management 

reviews and to pay for core competency development training and 

related expenses for highway safety staff. 

SEC. 141. The limitations on obligations for the programs of 

the National Highway Traffic Safety Administration set in this 

Act shall not apply to obligations for which obligation authority 

was made available in previous public laws for multiple years 

but only to the extent that the obligation authority has not lapsed 

or been used. 

SEC. 142. Of the amounts made available under the heading 

‘‘Operations and Research (Liquidation of Contract Authorization) 

(Limitation on Obligations) (Highway Trust Fund)’’ in prior appropriations Acts, $2,299,000 in unobligated balances are permanently 

rescinded. 

SEC. 143. Of the amounts made available under the heading 

‘‘Highway Traffic Safety Grants (Liquidation of Contract Authorization) (Limitation on Obligations) (Highway Trust Fund)’’ in prior 

appropriations Acts, $14,004,000 in unobligated balances are permanently rescinded. 

FEDERAL RAILROAD ADMINISTRATION

SAFETY AND OPERATIONS

For necessary expenses of the Federal Railroad Administration, not otherwise provided for, $172,270,000, of which $12,300,000 shall 

remain available until expended. 

RAILROAD RESEARCH AND DEVELOPMENT

For necessary expenses for railroad research and development, 

$37,613,000, to remain available until expended. 


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123 STAT. 3056 PUBLIC LAW 111–117—DEC. 16, 2009 

RAILROAD REHABILITATION AND IMPROVEMENT FINANCING PROGRAM

The Secretary of Transportation is authorized to issue to the 

Secretary of the Treasury notes or other obligations pursuant to 

section 512 of the Railroad Revitalization and Regulatory Reform 

Act of 1976 (Public Law 94–210), as amended, in such amounts 

and at such times as may be necessary to pay any amounts required 

pursuant to the guarantee of the principal amount of obligations 

under sections 511 through 513 of such Act, such authority to 

exist as long as any such guaranteed obligation is outstanding: 

Provided, That pursuant to section 502 of such Act, as amended, 

no new direct loans or loan guarantee commitments shall be made 

using Federal funds for the credit risk premium during fiscal year 

2010. 

RAIL LINE RELOCATION AND IMPROVEMENT PROGRAM

For necessary expenses of carrying out section 20154 of title 49, United States Code, $34,532,000, to remain available until 

expended. 

RAILROAD SAFETY TECHNOLOGY PROGRAM

For necessary expenses of carrying out section 20158 of title 

49, United States Code, $50,000,000, to remain available until 

expended: Provided, That to be eligible for assistance under this 

heading, an entity need not have developed plans required under 

subsection 20156(e)(2) of title 49, United States Code, and section 

20157 of such title. 

CAPITAL ASSISTANCE FOR HIGH SPEED RAIL CORRIDORS AND

INTERCITY PASSENGER RAIL SERVICE

To enable the Secretary of Transportation to make grants for 

high-speed rail projects as authorized under section 26106 of title 

49, United States Code, capital investment grants to support intercity passenger rail service as authorized under section 24406 of 

title 49, United States Code, and congestion grants as authorized 

under section 24105 of title 49, United States Code, and to enter 

into cooperative agreements for these purposes as authorized, 

$2,500,000,000, to remain available until expended: Provided, That 

$50,000,000 of funds provided under this paragraph are available 

to the Administrator of the Federal Railroad Administration to 

fund the award and oversight by the Administrator of grants and 

cooperative agreements for intercity and high-speed rail: Provided 

further, That up to $30,000,000 of the funds provided under this 

paragraph are available to the Administrator for the purposes of 

conducting research and demonstrating technologies supporting the 

development of high-speed rail in the United States, including 

the demonstration of next-generation rolling stock fleet technology 

and the implementation of the Rail Cooperative Research Program 

authorized by section 24910 of title 49, United States Code: Provided 

further, That up to $50,000,000 of the funds provided under this 

paragraph may be used for planning activities that lead directly 

to the development of a passenger rail corridor investment plan 

consistent with the requirements established by the Administrator 

or a state rail plan consistent with chapter 227 of title 49, United 

States Code: Provided further, That the Secretary may retain a 

Grants. 


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PUBLIC LAW 111–117—DEC. 16, 2009 123 STAT. 3057 

portion of the funds made available for planning activities under 

the previous proviso to facilitate the preparation of a service 

development plan and related environmental impact statement for 

high-speed corridors located in multiple States: Provided further, 

That the Secretary shall issue interim guidance to applicants covering application procedures and administer the grants provided 

under this heading pursuant to that guidance until final regulations 

are issued: Provided further, That not less than 85 percent of 

the funds provided under this heading shall be for cooperative 

agreements that lead to the development of entire segments or 

phases of intercity or high-speed rail corridors: Provided further, 

That the Secretary shall submit to Congress the national rail plan 

required by section 103(j) of title 49, United States Code, no later 

than September 15, 2010: Provided further, That at least 30 days 

prior to issuing a letter of intent or cooperative agreement pursuant 

to Section 24402(f) of title 49, United States Code, for a major 

corridor development program, the Secretary shall provide to the 

House and Senate Committees on Appropriations written notification consisting of a business and public investment case for the 

proposed corridor program which shall include: a comprehensive 

analysis of the monetary and non-monetary costs and benefits of 

the corridor development program; an assessment of ridership, passenger travel time reductions, congestion relief benefits, environmental benefits, economic benefits, and other public benefits; operating financial forecasts for the program; a full capital cost estimation for the entire project, including the amount, source and 

security of non-Federal funds to complete the project; a summary 

of the grants management plan and an evaluation of the grantee’s 

ability to sustain the project: Provided further, That the Federal 

share payable of the costs for which a grant or cooperative agreements is made under this heading shall not exceed 80 percent: 

Provided further, That in addition to the provisions of title 49, 

United States Code, that apply to each of the individual programs 

funded under this heading, subsections 24402(a)(2), 24402(f), 

24402(i), and 24403(a) and (c) of title 49, United States Code, 

shall also apply to the provision of funds provided under this 

heading: Provided further, That a project need not be in a State 

rail plan developed under Chapter 227 of title 49, United States 

Code, to be eligible for assistance under this heading: Provided 

further, That recipients of grants under this paragraph shall conduct 

all procurement transactions using such grant funds in a manner 

that provides full and open competition, as determined by the 

Secretary, in compliance with existing labor agreements. 

OPERATING GRANTS TO THE NATIONAL RAILROAD PASSENGER

CORPORATION

To enable the Secretary of Transportation to make quarterly 

grants to the National Railroad Passenger Corporation for the operation of intercity passenger rail, as authorized by section 101 of 

the Passenger Rail Investment and Improvement Act of 2008 (division B of Public Law 110–432), $563,000,000, to remain available 

until expended: Provided, That the Secretary shall not make the 

grants for the third and fourth quarter of the fiscal year available 

to the Corporation until an Inspector General who is a member 

of the Council of the Inspectors General on Integrity and Efficiency 

determines that the Corporation and the Corporation’s Inspector 

Determination. 

Contracts. 

Applicability. 

Deadline. 

Notification. 

Rail plan. 

Deadline. 

Guidance. 


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123 STAT. 3058 PUBLIC LAW 111–117—DEC. 16, 2009 

General have agreed upon a set of policies and procedures for 

interacting with each other that are consistent with the letter 

and the spirit of the Inspector General Act of 1978, as amended: 

Provided further, That 1 year after such determination is made, 

the Council of the Inspectors General on Integrity and Efficiency 

shall appoint another member to evaluate the current operational 

independence of the Amtrak Inspector General: Provided further, 

That the Corporation shall reimburse each Inspector General for 

all costs incurred in conducting the determination and the evaluation required by the preceding two provisos: Provided further, That 

the amounts available under this paragraph shall be available 

for the Secretary to approve funding to cover operating losses for 

the Corporation only after receiving and reviewing a grant request 

for each specific train route: Provided further, That each such 

grant request shall be accompanied by a detailed financial analysis, 

revenue projection, and capital expenditure projection justifying 

the Federal support to the Secretary’s satisfaction: Provided further, 

That not later than 60 days after enactment of this Act, the Corporation shall transmit to the Secretary, the Inspector General of the 

Department of Transportation, and the House and Senate Committees on Appropriations a plan to achieve savings through operating 

efficiencies including, but not limited to, modifications to food and 

beverage service and first class service: Provided further, That 

the Inspector General of the Department of Transportation shall 

provide semiannual reports to the House and Senate Committees 

on Appropriations on the estimated savings accrued as a result 

of all operational reforms instituted by the Corporation and estimations of possible future savings: Provided further, That not later 

than 60 days after enactment of this Act, the Corporation shall 

transmit, in electronic format, to the Secretary, the Inspector General of Department of Transportation, the House and Senate 

Committees on Appropriations, the House Committee on Transportation and Infrastructure and the Senate Committee on Commerce, 

Science, and Transportation the annual budget and business plan 

and the 5-Year Financial Plan for fiscal year 2010 required under 

section 204 of the Passenger Rail Investment and Improvement 

Act of 2008: Provided further, That the budget, business plan, 

and the 5-Year Financial Plan shall also include a separate 

accounting of ridership, revenues, and capital and operating 

expenses for the Northeast Corridor; commuter service; long-distance Amtrak service; State-supported service; each intercity train 

route, including Autotrain; and commercial activities including contract operations: Provided further, That the budget, business plan 

and the 5-Year Financial Plan shall include a description of work 

to be funded, along with cost estimates and an estimated timetable 

for completion of the projects covered by these plans: Provided 

further, That the Corporation shall provide semiannual reports 

in electronic format regarding the pending business plan, which 

shall describe the work completed to date, any changes to the 

business plan, and the reasons for such changes, and shall identify 

all sole source contract awards which shall be accompanied by 

a justification as to why said contract was awarded on a solesource basis, as well as progress against the milestones and target 

dates of the 2009 performance improvement plan: Provided further, 

That the Corporation’s budget, business plan, 5-Year Financial 

Plan, and all subsequent supplemental plans shall be displayed 

Deadlines. 

Reports. 

Electronic 

submission. 

Electronic 

submission. 

Deadline. 

Budget. 

Plans. 

Deadlines. 

Reports. 

Deadline. 

Plan. 

Time period. 

Evaluation. 


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PUBLIC LAW 111–117—DEC. 16, 2009 123 STAT. 3059 

on the Corporation’s website within a reasonable timeframe following their submission to the appropriate entities: Provided further, That these plans shall be accompanied by a comprehensive 

fleet plan for all Amtrak rolling stock which shall address the 

Corporation’s detailed plans and timeframes for the maintenance, 

refurbishment, replacement, and expansion of the Amtrak fleet: 

Provided further, That said fleet plan shall establish year-specific 

goals and milestones and discuss potential, current, and preferred 

financing options for all such activities: Provided further, That 

none of the funds under this heading may be obligated or expended 

until the Corporation agrees to continue abiding by the provisions 

of paragraphs 1, 2, 5, 9, and 11 of the summary of conditions 

for the direct loan agreement of June 28, 2002, in the same manner 

as in effect on the date of enactment of this Act: Provided further, That concurrent with the President’s budget request for fiscal year 

2011, the Corporation shall submit to the House and Senate 

Committees on Appropriations a budget request for fiscal year 

2011 in similar format and substance to those submitted by executive agencies of the Federal Government. 

CAPITAL AND DEBT SERVICE GRANTS TO THE NATIONAL RAILROAD

PASSENGER CORPORATION

To enable the Secretary of Transportation to make grants to 

the National Railroad Passenger Corporation for capital investments as authorized by section 101(c) of the Passenger Rail Investment and Improvement Act of 2008 (division B of Public Law 

110–432), $1,001,625,000, to remain available until expended, of 

which not to exceed $264,000,000 shall be for debt service obligations as authorized by section 102 of such Act: Provided, That 

grants after an initial allocation of $200,000,000 shall be provided 

to the Corporation only on a reimbursable basis: Provided further, That the Secretary may retain up to one-half of 1 percent of the 

funds provided under this heading to fund the costs of project 

management oversight of capital projects funded by grants provided 

under this heading, as authorized by subsection 101(d) of division 

B of Public Law 110–432: Provided further, That the Secretary 

shall approve funding for capital expenditures, including advance 

purchase orders of materials, for the Corporation only after 

receiving and reviewing a grant request for each specific capital 

project justifying the Federal support to the Secretary’s satisfaction: 

Provided further, That none of the funds under this heading may 

be used to subsidize operating losses of the Corporation: Provided 

further, That none of the funds under this heading may be used 

for capital projects not approved by the Secretary of Transportation 

or on the Corporation’s fiscal year 2010 business plan: Provided 

further, That in addition to the project management oversight funds 

authorized under section 101(d) of of division B of Public Law 

110–432, the Secretary may retain up to an additional one-half 

of one percent of the funds provided under this heading to fund 

expenses associated with implementing section 212 of of division 

B of Public Law 110–432, including the amendments made by 

section 212 to section 24905 of title 49, United States Code. 

ADMINISTRATIVE PROVISIONS—FEDERAL RAILROAD ADMINISTRATION

SEC. 151. The Secretary may purchase promotional items of 

nominal value for use in public outreach activities to accomplish 

Budget request. 


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123 STAT. 3060 PUBLIC LAW 111–117—DEC. 16, 2009 

the purposes of 49 U.S.C. 20134: Provided, That the Secretary 

shall prescribe guidelines for the administration of such purchases 

and use. 

SEC. 152. Hereafter, notwithstanding any other provision of 

law, funds provided in this Act for the National Railroad Passenger 

Corporation shall immediately cease to be available to said Corporation in the event that the Corporation contracts to have services 

provided at or from any location outside the United States. For 

purposes of this section, the word ‘‘services’’ shall mean any service 

that was, as of July 1, 2006, performed by a full-time or parttime Amtrak employee whose base of employment is located within 

the United States. 

SEC. 153. The Secretary of Transportation may receive and 

expend cash, or receive and utilize spare parts and similar items, 

from non-United States Government sources to repair damages 

to or replace United States Government owned automated track 

inspection cars and equipment as a result of third party liability 

for such damages, and any amounts collected under this section 

shall be credited directly to the Safety and Operations account 

of the Federal Railroad Administration, and shall remain available 

until expended for the repair, operation and maintenance of automated track inspection cars and equipment in connection with 

the automated track inspection program. 

SEC. 154. The Administrator of the Federal Railroad Administration shall submit a report on April 1, 2010, and quarterly reports 

thereafter, to the House and Senate Committees on Appropriations 

detailing the Administrator’s efforts at improving the on-time 

performance of Amtrak intercity rail service operating on nonAmtrak owned property. Such reports shall compare the most recent 

actual on-time performance data to pre-established on-time performance goals that the Administrator shall set for each rail service, 

identified by route. Such reports shall also include whatever other 

information and data regarding the on-time performance of Amtrak 

trains the Administrator deems to be appropriate. 

SEC. 155. In the Explanatory Statement referenced in division 

I of Public Law 111–8 under the heading Railroad Research and 

Development the item relating to ‘‘San Gabriel trench grade separation project, Alameda Corridor, CA’’ is deemed to be amended 

by inserting ‘‘Alameda Corridor East Construction Authority Grade 

Separations, CA.’’. 

SEC. 156. In the Explanatory Statement referenced in division 

K of Public Law 110–161 under the heading Rail Line Relocation 

and Improvement Program the item relating to ‘‘Mt. Vernon railroad 

cut, NY’’ is deemed to be amended by inserting ‘‘Rail Line and 

Station Improvement and Rehabilitation, Mount Vernon, NY.’’. 

SEC. 157. Notwithstanding any other provision of law, funds 

provided in Public Law 111–8 for ‘‘Lincoln Avenue Grade Separation, Port of Tacoma, Washington’’ shall be made available for 

this project as therein described. 

SEC. 158. The Administrator of the Federal Railroad Administration, in cooperation with the Illinois Department of Transportation (IDOT), may provide technical and financial assistance to 

IDOT and local and county officials to study the feasibility of 

10th Street, or other alternatives, in Springfield, Illinois, as a 

route for consolidated freight rail operations and/or combined freight 

and passenger rail operations within the city of Springfield. 

Illinois. 

Washington. 

Reports. 

Deadlines. 

Definition. 

Guidelines. 


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PUBLIC LAW 111–117—DEC. 16, 2009 123 STAT. 3061 

SEC. 159. (a) AMTRAK SECURITY EVALUATION.—No later than 

180 days after the enactment of this Act, Amtrak, in consultation 

with the Assistant Secretary of Homeland Security (Transportation 

Security Administration), shall submit a report to Congress that 

contains— 

(1) a comprehensive, system-wide, security evaluation; and 

(2) proposed guidance and procedures necessary to implement 

a new checked firearms program. 

(b) DEVELOPEMENT AND IMPLEMENTATION OF GUIDANCE AND

PROCEDURES.— (1) IN GENERAL.—Not later than one year after the enactment 

of this Act, Amtrak, in consultation with the Assistant Secretary, 

shall develop and implement guidance and procedures to carry 

out the duties and responsibilities of firearm storage and carriage 

in checked baggage cars and at Amtrak stations that accept checked 

baggage. 

(2) SCOPE.—The guidance and procedures developed under 

paragraph (1) shall— 

(A) permit Amtrak passengers holding a ticket for a specific 

Amtrak route to place an unloaded firearm or starter pistol 

in a checked bag on such route if— 

(i) the Amtrak station accepts checked baggage for 

such route; 

(ii) the passenger declares to Amtrak, either orally 

or in writing, at the time the reservation is made or not 

later than 24 hours before departure, that the firearm 

will be placed in his or her bag and will be unloaded; 

(iii) the firearm is in a hard-sided container; 

(iv) such container is locked; and 

(v) only the passenger has the key or combination 

for such container; 

(B) permit Amtrak passengers holding a ticket for a specific 

Amtrak route to place small arms ammunition for personal 

use in a checked bag on such route if the ammunition is 

securely packed— 

(i) in fiber, wood, or metal boxes; or 

(ii) in other packaging specifically designed to carry 

small amounts of ammunition; and 

(C) include any other measures needed to ensure the safety 

and security of Amtrak employees, passengers, and infrastructure, including— 

(i) in fiber, wood, or metal boxes; or 

(ii) in other packaging specifically designed to carry 

small amounts of ammunition; and 

(c) DEFINITIONS.— 

(1) For purposes of this section, the term ‘‘checked baggage’’ 

refers to baggage transported that is accessible only to select 

Amtrak employees. 

FEDERAL TRANSIT ADMINISTRATION

ADMINISTRATIVE EXPENSES

For necessary administrative expenses of the Federal Transit 

Administration’s programs authorized by chapter 53 of title 49, 

United States Code, $98,911,000: Provided, That of the funds available under this heading, not to exceed $1,809,000 shall be available 

Ammunition. 

Firearms. 

Deadlines. 

Reports. 

49 USC 24305 

note. 


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123 STAT. 3062 PUBLIC LAW 111–117—DEC. 16, 2009 

for travel: Provided further, That none of the funds provided or 

limited in this Act may be used to create a permanent office of 

transit security under this heading: Provided further, That of the 

amounts made available under this heading not to exceed $75,000 

shall be paid from appropriations made available by this Act and 

provided to the Department of Transportation Office of Inspector 

General through reimbursement to conduct the annual audits of 

financial statements in accordance with section 3521 of title 31, 

United States Code: Provided further, That upon submission to 

the Congress of the fiscal year 2011 President’s budget, the Secretary of Transportation shall transmit to Congress the annual 

report on new starts, including proposed allocations of funds for 

fiscal year 2011. 

FORMULA AND BUS GRANTS

(LIQUIDATION OF CONTRACT AUTHORITY)

(LIMITATION ON OBLIGATIONS)

(HIGHWAY TRUST FUND)

For payment of obligations incurred in carrying out the provisions of 49 U.S.C. 5305, 5307, 5308, 5309, 5310, 5311, 5316, 5317, 

5320, 5335, 5339, and 5340 and section 3038 of Public Law 105– 

178, as amended, $9,400,000,000 to be derived from the Mass 

Transit Account of the Highway Trust Fund and to remain available 

until expended: Provided, That funds available for the implementation or execution of programs authorized under 49 U.S.C. 5305, 

5307, 5308, 5309, 5310, 5311, 5316, 5317, 5320, 5335, 5339, and 

5340 and section 3038 of Public Law 105–178, as amended, shall 

not exceed total obligations of $8,343,171,000 in fiscal year 2010. 

RESEARCH AND UNIVERSITY RESEARCH CENTERS

For necessary expenses to carry out 49 U.S.C. 5306, 5312– 

5315, 5322, and 5506, $65,670,000, to remain available until 

expended: Provided, That $10,000,000 is available to carry out 

the transit cooperative research program under section 5313 of 

title 49, United States Code, $4,300,000 is available for the National 

Transit Institute under section 5315 of title 49, United States 

Code, and $7,000,000 is available for university transportation centers program under section 5506 of title 49, United States Code: 

Provided further, That $44,370,000 is available to carry out national 

research programs under sections 5312, 5313, 5314, and 5322 of 

title 49, United States Code: Provided further, That of the funds 

available to carry out section 5312 of title 49, United States Code, 

$5,000,000 shall be available to the Secretary to develop standards 

for asset management plans, provide technical assistance to recipients engaged in the development or implementation of an asset 

management plan, improve data collection through the National 

Transit Database, and conduct a pilot program designed to identify 

the best practices of asset management. 

Deadline. 

Reports. 

Audits. 


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PUBLIC LAW 111–117—DEC. 16, 2009 123 STAT. 3063 

CAPITAL INVESTMENT GRANTS

(INCLUDING TRANSFER OF FUNDS)

For necessary expenses to carry out section 5309 of title 49, 

United States Code, $2,000,000,000, to remain available until 

expended, of which no less than $200,000,000 is for section 5309(e) 

of such title: Provided, That $2,000,000 shall be transferred to 

the Department of Transportation Office of Inspector General from 

funds set aside for the execution of oversight contracts pursuant 

to section 5327(c) of title 49, United States Code, for costs associated 

with audits and investigations of transit-related issues, including 

reviews of new fixed guideway systems. 

GRANTS FOR ENERGY EFFICIENCY AND GREENHOUSE GAS REDUCTIONS

For grants to public transit agencies for capital investments 

that will reduce the energy consumption or greenhouse gas emissions of their public transportation systems, $75,000,000, to remain 

available through September 30, 2012: Provided, That priority shall 

be given to projects based on the total energy savings that are 

projected to result from the investments, and the projected energy 

savings as a percentage of the total energy usage of the public 

transit agency: Provided further, That the Secretary shall public 

criteria on which to base the competition for any grants awarded 

under this heading no sooner than 90 days after the enactment 

of this Act, require applications for funding provided under this 

heading to be submitted no sooner than 120 days after the publication of such criteria, and announce all projects selected to be funded 

from funds provided under this heading no sooner than September 

15, 2010. 

GRANTS TO THE WASHINGTON METROPOLITAN AREA TRANSIT

AUTHORITY

For grants to the Washington Metropolitan Area Transit 

Authority as authorized under section 601 of division B of Public 

Law 110–432, $150,000,000, to remain available until expended: 

Provided, That the Secretary shall approve grants for capital and 

preventive maintenance expenditures for the Washington Metropolitan Area Transit Authority only after receiving and reviewing a 

request for each specific project: Provided further, That prior to 

approving such grants, the Secretary shall determine that the 

Washington Metropolitan Area Transit Authority has placed the 

highest priority on those investments that will improve the safety 

of the system, including but not limited to fixing the track signal 

system, replacing the 1000 series cars, installing guarded turnouts, 

buying equipment for wayside worker protection, and installing 

rollback protection on cars that are not equipped with this safety 

feature. 

ADMINISTRATIVE PROVISIONS—FEDERAL TRANSIT ADMINISTRATION

SEC. 160. The limitations on obligations for the programs of 

the Federal Transit Administration shall not apply to any authority 

under 49 U.S.C. 5338, previously made available for obligation, 

or to any other authority previously made available for obligation. 

Determination. 

Deadlines. 

Criteria. 

Publication. 


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123 STAT. 3064 PUBLIC LAW 111–117—DEC. 16, 2009 

SEC. 161. Notwithstanding any other provision of law, funds 

appropriated or limited by this Act under ‘‘Federal Transit Administration, Capital Investment Grants’’ and for bus and bus facilities 

under ‘‘Federal Transit Administration, Formula and Bus Grants’’ 

for projects specified in this Act or identified in reports accompanying this Act not obligated by September 30, 2012, and other 

recoveries, shall be directed to projects eligible to use the funds 

for the purposes for which they were originally provided. 

SEC. 162. Notwithstanding any other provision of law, any 

funds appropriated before October 1, 2009, under any section of 

chapter 53 of title 49, United States Code, that remain available 

for expenditure, may be transferred to and administered under 

the most recent appropriation heading for any such section. 

SEC. 163. Notwithstanding any other provision of law, unobligated funds made available for new fixed guideway system projects 

under the heading ‘‘Federal Transit Administration, Capital investment grants’’ in any appropriations Act prior to this Act may 

be used during this fiscal year to satisfy expenses incurred for 

such projects. 

SEC. 164. During fiscal year 2010, each Federal Transit 

Administration grant for a project that involves the acquisition 

or rehabilitation of a bus to be used in public transportation shall 

be funded for 90 percent of the net capital costs of a biodiesel 

bus or a factory-installed or retrofitted hybrid electric propulsion 

system and any equipment related to such a system: Provided, 

That the Secretary shall have the discretion to determine, through 

practicable administrative procedures, the costs attributable to the 

system and related-equipment. 

SEC. 165. Notwithstanding any other provision of law, unobligated funds or recoveries under section 5309 of title 49, United 

States Code, that are available to the Secretary of Transportation 

for reallocation shall be directed to projects eligible to use the 

funds for the purposes for which they were originally provided. 

SEC. 166. (a) In the explanatory statement referenced in section 

186 of title I of division K of Public Law 110–161 (121 Stat. 

2406), the item relating to ‘‘Broward County Southwest Transit 

Facility’’ in the table of projects under the heading ‘‘Bus and Bus 

Facilities’’ is deemed to be amended by striking ‘‘Southwest’’ and 

inserting ‘‘Ravenswood’’. 

(b) The explanatory statement referenced in section 186 of 

title I of division I of Public Law 111–8 for ‘‘Alternatives analysis’’ 

under ‘‘Federal Transit Administration–Formula and Bus Grants’’ 

is deemed to be amended by striking ‘‘Hudson–Bergen Light Rail 

Extension Route 440, North Bergen, NJ’’ and inserting ‘‘Hudson– 

Bergen Light Rail Extension Route 440, Jersey City, NJ’’. 

(c) Funds made available for the ‘‘Phoenix/Regional Heavy 

Maintenance Facility, AZ’’, ‘‘Dial-a-Ride facility, Phoenix, AZ’’ and 

the ‘‘Phoenix Regional Heavy Bus Maintenance Facility, Arizona’’ 

through the Department of Transportation Appropriations Acts for 

Fiscal Years 2004, 2005 and 2008 that remain unobligated or unexpended shall be made available to the East Baseline Park-andRide Facility in Phoenix, Arizona. 

SEC. 167. Funds made available for Alaska or Hawaii ferry 

boats or ferry terminal facilities pursuant to 49 U.S.C. 5309(m)(2)(B) 

may be used to construct new vessels and facilities, or to improve 

existing vessels and facilities, including both the passenger and 

vehicle-related elements of such vessels and facilities, and for repair 


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PUBLIC LAW 111–117—DEC. 16, 2009 123 STAT. 3065 

facilities: Provided, That not more than $4,000,000 of the funds 

made available pursuant to 49 U.S.C. 5309(m)(2)(B) may be used 

by the City and County of Honolulu to operate a passenger ferry 

boat service demonstration project to test the viability of different 

intra-island ferry boat routes and technologies. 

SEC. 168. In determining the local share of the cost of the 

project authorized to be carried out under section 3043(c)(70) of 

the Safe, Accountable, Flexible, Efficient Transportation Equity Act: 

A Legacy for Users (Public Law 109–59; 119 Stat. 1644) for purposes 

of the rating process for New Starts projects, the Secretary shall 

consider any portion of the corridor advanced entirely with nonFederal funds. 

SEC. 169. The Secretary of Transportation shall provide recommendations to Congress, including legislative proposals, on how 

to strengthen its role in regulating the safety of transit agencies 

operating heavy rail on fixed guideway: Provided, That the Secretary shall include actions the Department of Transportation will 

take and what additional legislative authorities it may need in 

order to fully implement recommendations of the National Transportation Safety Board directed at the Federal Transit Administration, 

including but not limited to recommendations related to crashworthiness, emergency access and egress, event recorders, and hours 

of service: Provided further, That the Secretary shall transmit to 

the House and Senate Committees on Appropriations, the House 

Committee on Transportation and Infrastructure, and the Senate 

Committee on Banking, Housing, and Urban Affairs a report outlining these recommendations and a plan for their implementation 

by the Department of Transportation no later than 45 days after 

enactment of this Act. 

SEC. 170. Notwithstanding any other provision of law, the 

Secretary of Transportation shall not reallocate any funding made 

available for items 523, 267, and 131 of section 3044 of the Safe, 

Accountable, Flexible, Efficient Transportation Equity Act: A Legacy 

for Users (Public Law 109–59). 

SEC. 171. Notwithstanding any other provision of law, for fiscal 

year 2010, the total estimated amount of future obligations of 

the Government and contingent commitments to incur obligations 

covered by all outstanding full funding grant agreements entered 

into on or before September 30, 2009, and all outstanding letters 

of intent and early systems work agreements under subsection 

5309(g) of Title 49, United States Code, for major new fixed guideway capital projects may be not more than the sum of the amount 

authorized under subsections 5338(a)(3)(iv) and 5338(c) of such 

title for such projects and an amount equivalent to the last 3 

fiscal years of funding allocated under subsections 5309(m)(1)(A) 

and (m)(2)(A)(ii) of such title, for such projects, less an amount 

the Secretary reasonably estimates is necessary for grants under 

subsection 5309(b)(1) of such title for those of such projects that 

are not covered by a letter or agreement: Provided, That the Secretary may enter into full funding grant agreements under subsection 5309(g)(2) of such title for major new fixed guideway capital 

projects that contain contingent commitments to incur obligations 

in such amounts as the Secretary determines are appropriate. 

SEC. 172. None of the funds provided or limited under this 

Act may be used to enforce regulations related to charter bus 

service under part 604 of title 49, Code of Federal Regulations, 

for any transit agency who during fiscal year 2008 was both initially 

Determination. 

Reports. 

Implementation 

plan. 

Deadline. 

Recommendations. 


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123 STAT. 3066 PUBLIC LAW 111–117—DEC. 16, 2009 

granted a 60-day period to come into compliance with part 604, 

and then was subsequently granted an exception from said part. 

SEC. 173. Hereafter, for interstate multi-modal projects which 

are in Interstate highway corridors, the Secretary shall base the 

rating under section 5309(d) of title 49, United States Code, of 

the non-New Starts share of the public transportation element 

of the project on the percentage of non-New Starts funds in the 

unified finance plan for the multi-modal project: Provided, That 

the Secretary shall base the accounting of local matching funds 

on the total amount of all local funds incorporated in the unified 

finance plan for the multi-modal project for the purposes of funding 

under chapter 53 of title 49, United States Code and title 23, 

United States Code: Provided further, That the Secretary shall 

evaluate the justification for the project under section 5309(d) of 

title 49, United States Code, including cost effectiveness, on the 

public transportation costs and public transportation benefits. 

SAINT LAWRENCE SEAWAY DEVELOPMENT CORPORATION

The Saint Lawrence Seaway Development Corporation is 

hereby authorized to make such expenditures, within the limits 

of funds and borrowing authority available to the Corporation, 

and in accord with law, and to make such contracts and commitments without regard to fiscal year limitations as provided by 

section 104 of the Government Corporation Control Act, as 

amended, as may be necessary in carrying out the programs set 

forth in the Corporation’s budget for the current fiscal year. 

OPERATIONS AND MAINTENANCE

(HARBOR MAINTENANCE TRUST FUND)

For necessary expenses for operations, maintenance, and capital 

asset renewal of those portions of the Saint Lawrence Seaway 

owned, operated, and maintained by the Saint Lawrence Seaway 

Development Corporation, $32,324,000, to be derived from the 

Harbor Maintenance Trust Fund, pursuant to Public Law 99–662. 

MARITIME ADMINISTRATION

MARITIME SECURITY PROGRAM

For necessary expenses to maintain and preserve a U.S.-flag 

merchant fleet to serve the national security needs of the United 

States, $174,000,000, to remain available until expended. 

OPERATIONS AND TRAINING

For necessary expenses of operations and training activities 

authorized by law, $149,750,000, of which $11,240,000 shall remain 

available until expended for maintenance and repair of training 

ships at State Maritime Academies, and of which $15,000,000 shall 

remain available until expended for capital improvements at the 

United States Merchant Marine Academy, and of which $59,057,000 

shall be available for operations at the United States Merchant 

Marine Academy: Provided, That amounts apportioned for the 

United States Merchant Marine Academy shall be available only 

upon allotments made personally by the Secretary of Transportation 

Expenditure 

authority. 

Contracts. 

Evaluation. 

49 USC 5309 

note. 


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PUBLIC LAW 111–117—DEC. 16, 2009 123 STAT. 3067 

or the Assistant Secretary for Budget and Programs: Provided further, That the Superintendent, Deputy Superintendent and the 

Director of the Office of Resource Management of the United States 

Merchant Marine Academy may not be allotment holders for the 

United States Merchant Marine Academy, and the Administrator 

of Maritime Administration shall hold all allotments made by the 

Secretary of Transportation or the Assistant Secretary for Budget 

and Programs under the previous proviso: Provided further, That 

50 percent of the funding made available for the United States 

Merchant Marine Academy under this heading shall be available 

only after the Secretary, in consultation with the Superintendent 

and the Maritime Administration, completes a plan detailing by 

program or activity and by object class how such funding will 

be expended at the Academy, and this plan is submitted to the 

House and Senate Committees on Appropriations. 

SHIP DISPOSAL

For necessary expenses related to the disposal of obsolete vessels in the National Defense Reserve Fleet of the Maritime Administration, $15,000,000, to remain available until expended. 

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, $15,000,000, to remain available until 

expended: Provided, That to be considered for assistance, a qualified 

shipyard shall submit an application for assistance no later than 

60 days after enactment of this Act: Provided further, That from 

applications submitted under the previous proviso, the Secretary 

of Transportation shall make grants no later than 120 days after 

enactment of this Act in such amounts as the Secretary determines: 

Provided further, That not to exceed 2 percent of the funds appropriated under this heading shall be available for necessary costs 

of grant administration. 

MARITIME GUARANTEED LOAN (TITLE XI) PROGRAM ACCOUNT

(INCLUDING TRANSFER OF FUNDS)

For the cost of guaranteed loans, as authorized, $9,000,000, 

of which $5,000,000 shall remain available until expended: Provided, That such costs, including the cost of modifying such loans, 

shall be as defined in section 502 of the Congressional Budget 

Act of 1974, as amended: Provided further, That not to exceed 

$4,000,000 shall be available for administrative expenses to carry 

out the guaranteed loan program, which shall be transferred to 

and merged with the appropriation for ‘‘Operations and Training’’, 

Maritime Administration. 

ADMINISTRATIVE PROVISIONS—MARITIME ADMINISTRATION

SEC. 175. Notwithstanding any other provision of this Act, 

the Maritime Administration is authorized to furnish utilities and 

services and make necessary repairs in connection with any lease, 

contract, or occupancy involving Government property under control 

of the Maritime Administration, and payments received therefor 

Grants. 

Deadlines. 

Expenditure 

plan. 


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123 STAT. 3068 PUBLIC LAW 111–117—DEC. 16, 2009 

shall be credited to the appropriation charged with the cost thereof: 

Provided, That rental payments under any such lease, contract, 

or occupancy for items other than such utilities, services, or repairs 

shall be covered into the Treasury as miscellaneous receipts. 

SEC. 176. Section 51314 of title 46, United States Code, is 

amended in subsection (b) by inserting at the end ‘‘Such fees shall 

be credited to the Maritime Administration’s Operations and 

Training appropriation, to remain available until expended, for 

those expenses directly related to the purposes of the fees. Fees 

collected in excess of actual expenses may be refunded to the 

Midshipmen through a mechanism approved by the Secretary. The 

Academy shall maintain a separate and detailed accounting of 

fee revenue and all associated expenses.’’. 

PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION

OPERATIONAL EXPENSES

(PIPELINE SAFETY FUND)

(INCLUDING TRANSFER OF FUNDS)

For necessary operational expenses of the Pipeline and Hazardous Materials Safety Administration, $21,132,000, of which 

$639,000 shall be derived from the Pipeline Safety Fund: Provided, 

That $1,000,000 shall be transferred to ‘‘Pipeline Safety’’ in order 

to fund ‘‘Pipeline Safety Information Grants to Communities’’ as 

authorized under section 60130 of title 49, United States Code. 

HAZARDOUS MATERIALS SAFETY

For expenses necessary to discharge the hazardous materials 

safety functions of the Pipeline and Hazardous Materials Safety 

Administration, $37,994,000, of which $1,699,000 shall remain 

available until September 30, 2012: Provided, That up to $800,000 

in fees collected under 49 U.S.C. 5108(g) shall be deposited in 

the general fund of the Treasury as offsetting receipts: Provided 

further, That there may be credited to this appropriation, to be 

available until expended, funds received from States, counties, 

municipalities, other public authorities, and private sources for 

expenses incurred for training, for reports publication and dissemination, and for travel expenses incurred in performance of hazardous materials exemptions and approvals functions. 

PIPELINE SAFETY

(PIPELINE SAFETY FUND)

(OIL SPILL LIABILITY TRUST FUND)

For expenses necessary to conduct the functions of the pipeline 

safety program, for grants-in-aid to carry out a pipeline safety 

program, as authorized by 49 U.S.C. 60107, and to discharge the 

pipeline program responsibilities of the Oil Pollution Act of 1990, 

$105,239,000, of which $18,905,000 shall be derived from the Oil 

Spill Liability Trust Fund and shall remain available until September 30, 2012; and of which $86,334,000 shall be derived from 


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PUBLIC LAW 111–117—DEC. 16, 2009 123 STAT. 3069 

the Pipeline Safety Fund, of which $47,332,000 shall remain available until September 30, 2012: Provided, That not less than 

$1,048,000 of the funds provided under this heading shall be for 

the one-call State grant program. 

EMERGENCY PREPAREDNESS GRANTS

(EMERGENCY PREPAREDNESS FUND)

For necessary expenses to carry out 49 U.S.C. 5128(b), 

$188,000, to be derived from the Emergency Preparedness Fund, 

to remain available until September 30, 2011: Provided, That not 

more than $28,318,000 shall be made available for obligation in 

fiscal year 2010 from amounts made available by 49 U.S.C. 5116(I) 

and 5128(b)–(c): Provided further, That none of the funds made 

available by 49 U.S.C. 5116(I), 5128(b), or 5128(c) shall be made 

available for obligation by individuals other than the Secretary 

of Transportation, or his designee. 

RESEARCH AND INNOVATIVE TECHNOLOGY ADMINISTRATION

RESEARCH AND DEVELOPMENT

For necessary expenses of the Research and Innovative Tech- nology Administration, $13,007,000, of which $6,036,000 shall 

remain available until September 30, 2012: Provided, That there 

may be credited to this appropriation, to be available until 

expended, funds received from States, counties, municipalities, other 

public authorities, and private sources for expenses incurred for 

training. 

OFFICE OF INSPECTOR GENERAL

SALARIES AND EXPENSES

For necessary expenses of the Office of Inspector General to 

carry out the provisions of the Inspector General Act of 1978, 

as amended, $75,114,000: Provided, That the Inspector General 

shall have all necessary authority, in carrying out the duties specified in the Inspector General Act, as amended (5 U.S.C. App. 

3), to investigate allegations of fraud, including false statements 

to the government (18 U.S.C. 1001), by any person or entity that 

is subject to regulation by the Department: Provided further, That 

the funds made available under this heading shall be used to 

investigate, pursuant to section 41712 of title 49, United States 

Code: (1) unfair or deceptive practices and unfair methods of competition by domestic and foreign air carriers and ticket agents; 

and (2) the compliance of domestic and foreign air carriers with 

respect to item (1) of this proviso. 

SURFACE TRANSPORTATION BOARD

SALARIES AND EXPENSES

For necessary expenses of the Surface Transportation Board, 

including services authorized by 5 U.S.C. 3109, $29,066,000: Provided, That notwithstanding any other provision of law, not to 

exceed $1,250,000 from fees established by the Chairman of the 


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123 STAT. 3070 PUBLIC LAW 111–117—DEC. 16, 2009 

Surface Transportation Board shall be credited to this appropriation 

as offsetting collections and used for necessary and authorized 

expenses under this heading: Provided further, That the sum herein 

appropriated from the general fund shall be reduced on a dollarfor-dollar basis as such offsetting collections are received during 

fiscal year 2010, to result in a final appropriation from the general 

fund estimated at no more than $27,816,000. 

GENERAL PROVISIONS—DEPARTMENT OF TRANSPORTATION

SEC. 180. During the current fiscal year applicable appropriations to the Department of Transportation shall be available for 

maintenance and operation of aircraft; hire of passenger motor 

vehicles and aircraft; purchase of liability insurance for motor 

vehicles operating in foreign countries on official department business; and uniforms or allowances therefor, as authorized by law 

(5 U.S.C. 5901–5902). 

SEC. 181. Appropriations contained in this Act for the Department of Transportation shall be available for services as authorized 

by 5 U.S.C. 3109, but at rates for individuals not to exceed the 

per diem rate equivalent to the rate for an Executive Level IV. 

SEC. 182. None of the funds in this Act shall be available 

for salaries and expenses of more than 110 political and Presidential 

appointees in the Department of Transportation: Provided, That 

none of the personnel covered by this provision may be assigned 

on temporary detail outside the Department of Transportation. 

SEC. 183. None of the funds in this Act shall be used to 

implement section 404 of title 23, United States Code. 

SEC. 184. (a) No recipient of funds made available in this 

Act shall disseminate personal information (as defined in 18 U.S.C. 

2725(3)) obtained by a State department of motor vehicles in connection with a motor vehicle record as defined in 18 U.S.C. 2725(1), 

except as provided in 18 U.S.C. 2721 for a use permitted under 

18 U.S.C. 2721. 

(b) Notwithstanding subsection (a), the Secretary shall not withhold funds provided in this Act for any grantee if a State is in 

noncompliance with this provision. 

SEC. 185. Funds received by the Federal Highway Administration, Federal Transit Administration, and Federal Railroad 

Administration from States, counties, municipalities, other public 

authorities, and private sources for expenses incurred for training 

may be credited respectively to the Federal Highway Administration’s ‘‘Federal-Aid Highways’’ account, the Federal Transit 

Administration’s ‘‘Research and University Research Centers’’ 

account, and to the Federal Railroad Administration’s ‘‘Safety and 

Operations’’ account, except for State rail safety inspectors participating in training pursuant to 49 U.S.C. 20105. 

SEC. 186. Funds provided or limited in this Act under the 

appropriate accounts within the Federal Highway Administration, 

the Federal Railroad Administration and the Federal Transit 

Administration shall be for the eligible programs, projects and 

activities in the corresponding amounts identified in the committee 

report accompanying this Act for ‘‘Ferry Boats and Ferry Terminal 

Facilities’’, ‘‘Federal Lands’’, ‘‘Interstate Maintenance Discretionary’’, ‘‘Transportation, Community and System Preservation 

Program’’, ‘‘Delta Region Transportation Development Program’’, 

‘‘Rail Line Relocation and Improvement Program’’, ‘‘Rail-highway 

Appointees. 


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PUBLIC LAW 111–117—DEC. 16, 2009 123 STAT. 3071 

crossing hazard eliminations’’, ‘‘Capital Investment Grants’’, ‘‘Alternatives analysis’’, and ‘‘Bus and bus facilities’’. 

SEC. 187. Notwithstanding any other provisions of law, rule 

or regulation, the Secretary of Transportation is authorized to allow 

the issuer of any preferred stock heretofore sold to the Department 

to redeem or repurchase such stock upon the payment to the Department of an amount determined by the Secretary. 

SEC. 188. None of the funds in this Act to the Department 

of Transportation may be used to make a grant unless the Secretary 

of Transportation notifies the House and Senate Committees on 

Appropriations not less than 3 full business days before any discretionary grant award, letter of intent, or full funding grant agreement totaling $1,000,000 or more is announced by the department 

or its modal administrations from: (1) any discretionary grant program of the Federal Highway Administration including the emergency relief program; (2) the airport improvement program of the 

Federal Aviation Administration; (3) any grant from the Federal 

Railroad Administration; or (4) any program of the Federal Transit 

Administration other than the formula grants and fixed guideway 

modernization programs: Provided, That the Secretary gives concurrent notification to the House and Senate Committees on Appropriations for any ‘‘quick release’’ of funds from the emergency relief 

program: Provided further, That no notification shall involve funds 

that are not available for obligation. 

SEC. 189. Rebates, refunds, incentive payments, minor fees 

and other funds received by the Department of Transportation 

from travel management centers, charge card programs, the subleasing of building space, and miscellaneous sources are to be 

credited to appropriations of the Department of Transportation 

and allocated to elements of the Department of Transportation 

using fair and equitable criteria and such funds shall be available 

until expended. 

SEC. 190. Amounts made available in this or any other Act 

that the Secretary determines represent improper payments by 

the Department of Transportation to a third-party contractor under 

a financial assistance award, which are recovered pursuant to law, 

shall be available— 

(1) to reimburse the actual expenses incurred by the 

Department of Transportation in recovering improper payments; and 

(2) to pay contractors for services provided in recovering 

improper payments or contractor support in the implementation 

of the Improper Payments Information Act of 2002: Provided, 

That amounts in excess of that required for paragraphs (1) 

and (2)— 

(A) shall be credited to and merged with the appropriation from which the improper payments were made, and 

shall be available for the purposes and period for which 

such appropriations are available; or 

(B) if no such appropriation remains available, shall 

be deposited in the Treasury as miscellaneous receipts: 

Provided further, That prior to the transfer of any such 

recovery to an appropriations account, the Secretary shall 

notify to the House and Senate Committees on Appropriations of the amount and reasons for such transfer: Provided 

further, That for purposes of this section, the term 

Notification. 

Grants. 

Notifications. 

Deadline. 


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123 STAT. 3072 PUBLIC LAW 111–117—DEC. 16, 2009 

‘‘improper payments’’, has the same meaning as that provided in section 2(d)(2) of Public Law 107–300. 

SEC. 191. Notwithstanding any other provision of law, if any 

funds provided in or limited by this Act are subject to a reprogramming action that requires notice to be provided to the House and 

Senate Committees on Appropriations, said reprogramming action 

shall be approved or denied solely by the Committees on Appropriations: Provided, That the Secretary may provide notice to other 

congressional committees of the action of the Committees on Appropriations on such reprogramming but not sooner than 30 days 

following the date on which the reprogramming action has been 

approved or denied by the House and Senate Committees on Appropriations. 

SEC. 192. None of the funds appropriated or otherwise made 

available under this Act may be used by the Surface Transportation 

Board of the Department of Transportation to charge or collect 

any filing fee for rate complaints filed with the Board in an amount 

in excess of the amount authorized for district court civil suit 

filing fees under section 1914 of title 28, United States Code. 

SEC. 193. Notwithstanding section 3324 of Title 31, United 

States Code, in addition to authority provided by section 327 of 

title 49, United States Code, the Department’s Working Capital 

fund is hereby authorized to provide payments in advance to vendors that are necessary to carry out the Federal transit pass 

transportation fringe benefit program under Executive Order 13150 

and section 3049 of Public Law 109–59: Provided, that the Department shall include adequate safeguards in the contract with the 

vendors to ensure timely and high quality performance under the 

contract. 

SEC. 194. (a) IN GENERAL.—Section 127(a)(11) of title 23, United 

States Code, is amended by striking ‘‘that portion of the Maine 

Turnpike designated Route 95 and 495, and that portion of Interstate Route 95 from the southern terminus of the Maine Turnpike 

to the New Hampshire State line, laws (including regulations)’’ 

and inserting ‘‘all portions of the Interstate Highway System in 

the State, laws (including regulations)’’. 

(b) PERIOD OF EFFECTIVENESS.—The amendment made by subsection (a) shall be in effect during the 1-year period beginning 

on the date of enactment of this Act. 

(c) REVERSION.—Effective as of the date that is 366 days after 

the date of enactment of this Act, section 127(a)(11) of title 23, 

United States Code, is amended by striking ‘‘all portions of the 

Interstate Highway System in the State, laws (including regulations)’’ and inserting ‘‘that portion of the Maine Turnpike designated 

Route 95 and 495, and that portion of Interstate Route 95 from 

the southern terminus of the Maine Turnpike to the New Hampshire State line, laws (including regulations)’’. 

(d) VERMONT PILOT PROGRAM.—Section 127(a) of title 23, 

United States Code, is amended by adding at the end the following: 

‘‘(13) VERMONT PILOT PROGRAM.— 

‘‘(A) IN GENERAL.—With respect to Interstate Routes 

89, 91, and 93 in the State of Vermont, laws (including 

regulations) of that State concerning vehicle weight limitations applicable to State highways other than the Interstate 

system shall be applicable in lieu of the requirements of 

this subsection.’’. 

Applicability. 

Effecive date. 

23 USC 127 note. 

23 USC 127 note. 

Contracts. 

Filing fees. 

Deadline. 

Notification. 


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PUBLIC LAW 111–117—DEC. 16, 2009 123 STAT. 3073 

(e) PERIOD OF EFFECTIVENESS FOR THE VERMONT PILOT PROGRAM.—The amendment made by subsection (d) shall be in effect 

during the 1-year period beginning on the date of enactment of 

this Act. 

(f) REVERSION FOR THE VERMONT PILOT PROGRAM.—Effective 

as of the date that is 366 days after the date of enactment of 

this Act, section 127(a) of title 23, United States Code, is amended 

by striking paragraph (13). 

(g) REPORT ON THE VERMONT PILOT PROGRAM.—Not later than 

2 years after the date of enactment of this paragraph, the Secretary 

shall complete and submit to Congress a report on the effects 

of the pilot program under this paragraph on highway safety, bridge 

and road durability, commerce, truck volumes, and energy use 

within the State of Vermont. 

SEC. 195. The Secretary shall initiate an independent and 

comprehensive study and analysis to supplement that authorized 

under section 108, division C, of Public Law 111–8: Provided, That 

the Department of Transportation shall work with and coordinate 

with the Departments of Energy, Commerce and Agriculture to 

develop a comprehensive understanding of the full value of river 

flow support to users in the Mississippi and Missouri Rivers: Provided further, That subjects of analysis shall include energy 

(including hydropower and generation cooling), and water transport 

(including water-compelled rates, projected total transportation 

congestion considerations, transportation energy efficiency, air 

quality and carbon emissions) and water users (including the 

number and distribution of people, households, municipalities, and 

business throughout the Missouri and Mississippi River basins who 

use river water for multiple purposes): Provided further, That in 

addition to understanding current value, the Department is directed 

to work with appropriate Federal partners to develop recommendations on how to minimize impediments to growth and maximize 

water value of benefits related to energy production and efficiency, 

congestion relief, trade and transport efficiency, and air quality: 

Provided further, That the Department of Transportation shall provide its analysis and recommendations to the U.S. Army Corps 

of Engineers, the White House, and the Congress: Provided further, 

That $2,000,000 is available until expended for such purposes. 

SEC. 196. Notwithstanding any other provision of law, funds 

made available under section 330 of the Fiscal Year 2002 Department of Transportation and Related Agencies Appropriations Act 

(Public Law 107–87) for the Las Vegas, Nevada Monorail Project, 

funds made available under section 115 of the Fiscal Year 2004 

Transportation, Treasury and Independent Agencies Appropriations 

Act (Public Law 108–199) for the North Las Vegas Intermodal 

Transit Hub, and funds made available for the CATRAIL RTC 

Rail Project, Nevada in the Fiscal Year 2005 Transportation, 

Treasury, Independent Agencies and General Government Appropriations Act (Public Law 108–447), as well as any unexpended 

funds in the Federal Transit Administration grant numbers NV– 

03–0024 and NV–03–0027, shall be made available until expended 

to the Regional Transportation Commission of Southern Nevada 

for bus and bus-related projects and bus rapid transit projects: 

Provided, That the funds made available for a project in accordance 

with this section shall be administered under the terms and conditions set forth in 49 U.S.C. 5307, to the extent applicable. 

Nevada. 

Recommendations. 

Study. 

Effective date. 

23 USC 127 note. 

23 USC 127 note. 


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123 STAT. 3074 PUBLIC LAW 111–117—DEC. 16, 2009 

This title may be cited as the ‘‘Department of Transportation 

Appropriations Act, 2010’’. 

TITLE II 

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT 

MANAGEMENT AND ADMINISTRATION

EXECUTIVE DIRECTION

For necessary salaries and expenses for Executive Direction, $26,855,000, of which not to exceed $4,619,000 shall be available 

for the immediate Office of the Secretary and Deputy Secretary; 

not to exceed $1,703,000 shall be available for the Office of Hearings 

and Appeals; not to exceed $778,000 shall be available for the 

Office of Small and Disadvantaged Business Utilization; not to 

exceed $727,000 shall be available for the immediate Office of 

the Chief Financial Officer; not to exceed $1,474,000 shall be available for the immediate Office of the General Counsel; not to exceed 

$2,912,000 shall be available to the Office of the Assistant Secretary 

for Congressional and Intergovernmental Relations; not to exceed 

$3,996,000 shall be available for the Office of the Assistant Secretary for Public Affairs; not to exceed $1,218,000 shall be available 

for the Office of the Assistant Secretary for Administration; not 

to exceed $2,125,000 shall be available to the Office of the Assistant 

Secretary for Public and Indian Housing; not to exceed $1,781,000 

shall be available to the Office of the Assistant Secretary for 

Community Planning and Development; not to exceed $3,497,000 

shall be available to the Office of the Assistant Secretary for 

Housing, Federal Housing Commissioner; not to exceed $1,097,000 

shall be available to the Office of the Assistant Secretary for Policy 

Development and Research; and not to exceed $928,000 shall be 

available to the Office of the Assistant Secretary for Fair Housing 

and Equal Opportunity: Provided, That the Secretary of the Department of Housing and Urban Development is authorized to transfer 

funds appropriated for any office funded under this heading to 

any other office funded under this heading following the written 

notification to the House and Senate Committees on Appropriations: 

Provided further, That no appropriation for any office shall be 

increased or decreased by more than 5 percent by all such transfers: 

Provided further, That notice of any change in funding greater 

than 5 percent shall be submitted for prior approval to the House 

and Senate Committees on Appropriations: Provided further, That 

the Secretary shall provide the Committees on Appropriations quarterly written notification regarding the status of pending congressional reports: Provided further, That the Secretary shall provide 

all signed reports required by Congress electronically: Provided 

further, That not to exceed $25,000 of the amount made available 

under this paragraph for the immediate Office of the Secretary 

shall be available for official reception and representation expenses 

as the Secretary may determine. 

ADMINISTRATION, OPERATIONS AND MANAGEMENT

For necessary salaries and expenses for administration, operations and management for the Department of Housing and Urban 

Development, $537,011,000, of which not to exceed $76,958,000 

Reports. 

Electronic 

submission. 

Notification. 

Notice. 

Transfer 

authority. 

Notification. 

Department of 

Housing and 

Urban 

Development 

Appropriations 

Act, 2010. 


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PUBLIC LAW 111–117—DEC. 16, 2009 123 STAT. 3075 

shall be available for the personnel compensation and benefits 

of the Office of Administration; not to exceed $9,623,000 shall 

be available for the personnel compensation and benefits of the 

Office of Departmental Operations and Coordination; not to exceed 

$51,275,000 shall be available for the personnel compensation and 

benefits of the Office of Field Policy and Management; not to exceed 

$14,649,000 shall be available for the personnel compensation and 

benefits of the Office of the Chief Procurement Officer; not to 

exceed $35,197,000 shall be available for the personnel compensation and benefits of the remaining staff in the Office of the Chief 

Financial Officer; not to exceed $89,062,000 shall be available for 

the personnel compensation and benefits of the remaining staff 

in the Office of the General Counsel; not to exceed $3,296,000 

shall be available for the personnel compensation and benefits 

of the Office of Departmental Equal Employment Opportunity; not 

to exceed $1,393,000 shall be available for the personnel compensation and benefits for the Center for Faith-Based and Community 

Initiatives; not to exceed $2,400,000 shall be available for the personnel compensation and benefits for the Office of Sustainability; 

not to exceed $3,288,000 shall be available for the personnel compensation and benefits for the Office of Strategic Planning and 

Management; and not to exceed $249,870,000 shall be available 

for non-personnel expenses of the Department of Housing and 

Urban Development: Provided, That, funds provided under this 

heading may be used for necessary administrative and non-administrative expenses of the Department of Housing and Urban Development, not otherwise provided for, including purchase of uniforms, 

or allowances therefor, as authorized by 5 U.S.C. 5901–5902; hire 

of passenger motor vehicles; services as authorized by 5 U.S.C. 

3109: Provided further, That notwithstanding any other provision 

of law, funds appropriated under this heading may be used for 

advertising and promotional activities that support the housing 

mission area: Provided further, That the Secretary of Housing and 

Urban Development is authorized to transfer funds appropriated 

for any office included in Administration, Operations and Management to any other office included in Administration, Operations 

and Management only after such transfer has been submitted to, 

and received prior written approval by, the House and Senate 

Committees on Appropriations: Provided further, That no appropriation for any office shall be increased or decreased by more than 

10 percent by all such transfers. 

PERSONNEL COMPENSATION AND BENEFITS

PUBLIC AND INDIAN HOUSING

For necessary personnel compensation and benefits expenses 

of the Office of Public and Indian Housing, $197,074,000. 

COMMUNITY PLANNING AND DEVELOPMENT

For necessary personnel compensation and benefits expenses 

of the Office of Community Planning and Development mission 

area, $98,989,000. 

Transfer 

authority. 


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123 STAT. 3076 PUBLIC LAW 111–117—DEC. 16, 2009 

HOUSING

For necessary personnel compensation and benefits expenses of the Office of Housing, $374,887,000. 

OFFICE OF THE GOVERNMENT NATIONAL MORTGAGE ASSOCIATION

For necessary personnel compensation and benefits expenses 

of the Office of the Government National Mortgage Association, 

$11,095,000, to be derived from the GNMA guarantees of mortgage 

backed securities guaranteed loan receipt account. 

POLICY DEVELOPMENT AND RESEARCH

For necessary personnel compensation and benefits expenses of the Office of Policy Development and Research, $21,138,000. 

FAIR HOUSING AND EQUAL OPPORTUNITY

For necessary personnel compensation and benefits expenses of the Office of Fair Housing and Equal Opportunity, $71,800,000. 

OFFICE OF HEALTHY HOMES AND LEAD HAZARD CONTROL

For necessary personnel compensation and benefits expenses 

of the Office of Healthy Homes and Lead Hazard Control, 

$7,151,000. 

PUBLIC AND INDIAN HOUSING

TENANT-BASED RENTAL ASSISTANCE

(INCLUDING TRANSFER OF FUNDS)

For activities and assistance for the provision of tenant-based 

rental assistance authorized under the United States Housing Act 

of 1937, as amended (42 U.S.C. 1437 et seq.) (‘‘the Act’’ herein), 

not otherwise provided for, $14,184,200,000, to remain available 

until expended, shall be available on October 1, 2009 (in addition 

to the $4,000,000,000 previously appropriated under this heading 

that will become available on October 1, 2009), and $4,000,000,000, 

to remain available until expended, shall be available on October 

1, 2010: Provided, That of the amounts made available under this 

heading are provided as follows: (1) $16,339,200,000 shall be available for renewals of 

expiring section 8 tenant-based annual contributions contracts 

(including renewals of enhanced vouchers under any provision 

of law authorizing such assistance under section 8(t) of the 

Act) and including renewal of other special purpose vouchers 

initially funded in fiscal year 2008 and 2009 such as Family 

Unification, Veterans Affairs Supportive Housing Vouchers and 

Non-elderly Disabled Vouchers): Provided, That notwithstanding any other provision of law, from amounts provided 

under this paragraph and any carryover, the Secretary for 

the calendar year 2010 funding cycle shall provide renewal 

funding for each public housing agency based on voucher 

management system (VMS) leasing and cost data for the most 

recent Federal fiscal year and by applying the most recent 

Annual Adjustment Factor as established by the Secretary, 


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PUBLIC LAW 111–117—DEC. 16, 2009 123 STAT. 3077 

and by making any necessary adjustments for the costs associated with deposits to family self-sufficiency program escrow 

accounts or first-time renewals including tenant protection or 

HOPE VI vouchers: Provided further, That none of the funds 

provided under this paragraph may be used to fund a total 

number of unit months under lease which exceeds a public 

housing agency’s authorized level of units under contract, except 

for public housing agencies participating in the Moving to Work 

demonstration, which are instead governed by the terms and 

conditions of their MTW agreements: Provided further, That 

the Secretary shall, to the extent necessary to stay within 

the amount specified under this paragraph (except as otherwise 

modified under this Act), pro rate each public housing agency’s 

allocation otherwise established pursuant to this paragraph: 

Provided further, That except as provided in the last two provisos, the entire amount specified under this paragraph (except 

as otherwise modified under this Act) shall be obligated to 

the public housing agencies based on the allocation and pro 

rata method described above, and the Secretary shall notify 

public housing agencies of their annual budget not later than 

60 days after enactment of this Act: Provided further, That 

the Secretary may extend the 60-day notification period with 

the prior written approval of the House and Senate Committees 

on Appropriations: Provided further, That public housing agencies participating in the Moving to Work demonstration shall 

be funded pursuant to their Moving to Work agreements and 

shall be subject to the same pro rata adjustments under the 

previous provisos: Provided further, That up to $150,000,000 

shall be available only: (1) to adjust the allocations for public 

housing agencies, after application for an adjustment by a 

public housing agency that experienced a significant increase, 

as determined by the Secretary, in renewal costs of tenantbased rental assistance resulting from unforeseen circumstances or from portability under section 8(r) of the Act; 

(2) for adjustments for public housing agencies with voucher 

leasing rates at the end of the calendar year that exceed the 

average leasing for the 12-month period used to establish the 

allocation; (3) for adjustments for the costs associated with 

VASH vouchers; or (4) for vouchers that were not in use during 

the 12-month period in order to be available to meet a commitment pursuant to section 8(o)(13) of the Act: Provided further, 

That the Secretary shall allocate amounts under the previous 

proviso based on need as determined by the Secretary: Provided 

further, That of the amounts made available under this paragraph, up to $100,000,000 may be transferred to and merged 

with the appropriation for ‘‘Transformation Initiative’’; 

(2) $120,000,000 shall be for section 8 rental assistance 

for relocation and replacement of housing units that are demolished or disposed of pursuant to the Omnibus Consolidated 

Rescissions and Appropriations Act of 1996 (Public Law 104– 

134), conversion of section 23 projects to assistance under section 8, the family unification program under section 8(x) of 

the Act, relocation of witnesses in connection with efforts to 

combat crime in public and assisted housing pursuant to a 

request from a law enforcement or prosecution agency, 

enhanced vouchers under any provision of law authorizing such 

assistance under section 8(t) of the Act, HOPE VI vouchers, 

Notification. 

Deadline. 


ccoleman on DSK8P6SHH1 with PUBLIC LAWS
123 STAT. 3078 PUBLIC LAW 111–117—DEC. 16, 2009 

mandatory and voluntary conversions, and tenant protection 

assistance including replacement and relocation assistance or 

for project based assistance to prevent the displacement of 

unassisted elderly tenants currently residing in section 202 

properties financed between 1959 and 1974 that are refinanced 

pursuant to Public Law 106–569, as amended, or under the 

authority as provided under this Act: Provided, That the Secretary shall provide replacement vouchers for all units that 

were occupied within the previous 24 months that cease to 

be available as assisted housing, subject only to the availability 

of funds; 

(3) $1,575,000,000 shall be for administrative and other 

expenses of public housing agencies in administering the section 

8 tenant-based rental assistance program, of which up to 

$50,000,000 shall be available to the Secretary to allocate to 

public housing agencies that need additional funds to administer their section 8 programs, including fees associated with 

section 8 tenant protection rental assistance, the administration 

of disaster related vouchers, Veterans Affairs Supportive 

Housing vouchers, and other incremental vouchers: Provided, 

That no less than $1,525,000,000 of the amount provided in 

this paragraph shall be allocated to public housing agencies 

for the calendar year 2010 funding cycle based on section 8(q) 

of the Act (and related Appropriation Act provisions) as in 

effect immediately before the enactment of the Quality Housing 

and Work Responsibility Act of 1998 (Public Law 105–276): 

Provided further, That if the amounts made available under 

this paragraph are insufficient to pay the amounts determined 

under the previous proviso, the Secretary may decrease the 

amounts allocated to agencies by a uniform percentage 

applicable to all agencies receiving funding under this paragraph or may, to the extent necessary to provide full payment 

of amounts determined under the previous proviso, utilize 

unobligated balances, including recaptures and carryovers, 

remaining from funds appropriated to the Department of 

Housing and Urban Development under this heading, for fiscal 

year 2009 and prior fiscal years, notwithstanding the purposes 

for which such amounts were appropriated: Provided further, 

That amounts provided under this paragraph shall be only 

for activities related to the provision of tenant-based rental 

assistance authorized under section 8, including related 

development activities; 

(4) $60,000,000 shall be available for family self-sufficiency 

coordinators under section 23 of the Act; 

(5) $15,000,000 for incremental voucher assistance through 

the Family Unification Program: Provided, That the assistance 

made available under this paragraph shall continue to remain 

available for family unification upon turnover: Provided further, 

That the Secretary of Housing and Urban Development shall 

make such funding available, notwithstanding section 204 (competition provision) of this title, to entities with demonstrated 

experience and resources for supportive services; 

(6) $75,000,000 for incremental rental voucher assistance 

for use through a supported housing program administered 

in conjunction with the Department of Veterans Affairs as 

authorized under section 8(o)(19) of the United States Housing 

Act of 1937: Provided, That the Secretary of Housing and 

Voucher 

extension. 

Vouchers. 


ccoleman on DSK8P6SHH1 with PUBLIC LAWS
PUBLIC LAW 111–117—DEC. 16, 2009 123 STAT. 3079 

Urban Development shall make such funding available, notwithstanding section 204 (competition provision) of this title, 

to public housing agencies that partner with eligible VA Medical 

Centers or other entities as designated by the Secretary of 

the Department of Veterans Affairs, based on geographical 

need for such assistance as identified by the Secretary of the 

Department of Veterans Affairs, public housing agency administrative performance, and other factors as specified by the Secretary of Housing and Urban Development in consultation with 

the Secretary of the Department of Veterans Affairs: Provided 

further, That the Secretary of Housing and Urban Development 

may waive, or specify alternative requirements for (in consultation with the Secretary of the Department of Veterans Affairs), 

any provision of any statute or regulation that the Secretary 

of Housing and Urban Development administers in connection 

with the use of funds made available under this paragraph 

(except for requirements related to fair housing, nondiscrimination, labor standards, and the environment), upon a finding 

by the Secretary that any such waivers or alternative requirements are necessary for the effective delivery and administration of such voucher assistance: Provided further, That assistance made available under this paragraph shall continue to 

remain available for homeless veterans upon turn-over. 

HOUSING CERTIFICATE FUND

Unobligated balances, including recaptures and carryover, 

remaining from funds appropriated to the Department of Housing 

and Urban Development under this heading, the heading ‘‘Annual 

Contributions for Assisted Housing’’ and the heading ‘‘Project-Based 

Rental Assistance’’, for fiscal year 2010 and prior years may be 

used for renewal of or amendments to section 8 project-based contracts and for performance-based contract administrators, notwithstanding the purposes for which such funds were appropriated: 

Provided, That any obligated balances of contract authority from 

fiscal year 1974 and prior that have been terminated shall be 

cancelled: Provided further, That amounts heretofore recaptured, 

or recaptured during the current fiscal year, from project-based 

Section 8 contracts from source years fiscal year 1975 through 

fiscal year 1987 are hereby rescinded, and an amount of additional 

new budget authority, equivalent to the amount rescinded is hereby 

appropriated, to remain available until expended, for the purposes 

set forth under this heading, in addition to amounts otherwise 

available. 

PUBLIC HOUSING CAPITAL FUND

For the Public Housing Capital Fund Program to carry out 

capital and management activities for public housing agencies, as 

authorized under section 9 of the United States Housing Act of 

1937 (42 U.S.C. 1437g) (the ‘‘Act’’) $2,500,000,000, to remain available until September 30, 2013: Provided, That notwithstanding 

any other provision of law or regulation, during fiscal year 2010 

the Secretary of Housing and Urban Development may not delegate 

to any Department official other than the Deputy Secretary and 

the Assistant Secretary for Public and Indian Housing any authority 

under paragraph (2) of section 9(j) regarding the extension of the 

time periods under such section: Provided further, That for purposes Definition. 

Contracts. 

Termination. 

Voucher 

extension. 

Waiver authority. 


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123 STAT. 3080 PUBLIC LAW 111–117—DEC. 16, 2009 

of such section 9(j), the term ‘‘obligate’’ means, with respect to 

amounts, that the amounts are subject to a binding agreement 

that will result in outlays, immediately or in the future: Provided 

further, That up to $15,345,000 shall be to support the ongoing 

Public Housing Financial and Physical Assessment activities of 

the Real Estate Assessment Center (REAC): Provided further, That 

of the total amount provided under this heading, not to exceed 

$20,000,000 shall be available for the Secretary to make grants, 

notwithstanding section 204 of this Act, to public housing agencies 

for emergency capital needs including safety and security measures 

necessary to address crime and drug-related activity as well as 

needs resulting from unforeseen or unpreventable emergencies and 

natural disasters excluding Presidentially declared emergencies and 

natural disasters under the Robert T. Stafford Disaster Relief and 

Emergency Act (42 U.S.C. 5121 et seq.) occurring in fiscal year 

2010: Provided further, That of the amounts provided under this heading up to $40,000,000 may be for grants to be competitively 

awarded to public housing agencies for the construction, rehabilitation or purchase of facilities to be used to provide early education, 

adult education, job training or other appropriate services to public 

housing residents: Provided further, That grantees shall demonstrate an ability to leverage other Federal, State, local or private 

resources for the construction, rehabilitation or acquisition of such 

facilities, and that selected grantees shall demonstrate a capacity 

to pay the long-term costs of operating such facilities: Provided 

further, That of the total amount provided under this heading, $50,000,000 shall be for supportive services, service coordinators 

and congregate services as authorized by section 34 of the Act 

(42 U.S.C. 1437z–6) and the Native American Housing Assistance 

and Self-Determination Act of 1996 (25 U.S.C. 4101 et seq.): Provided further, That of the total amount provided under this heading up to $8,820,000 is to support the costs of administrative and 

judicial receiverships: Provided further, That from the funds made 

available under this heading, the Secretary shall provide bonus 

awards in fiscal year 2010 to public housing agencies that are 

designated high performers. 

PUBLIC HOUSING OPERATING FUND

(INCLUDING TRANSFER OF FUNDS)

For 2010 payments to public housing agencies for the operation 

and management of public housing, as authorized by section 9(e) 

of the United States Housing Act of 1937 (42 U.S.C. 1437g(e)), 

$4,775,000,000: Provided, That, in fiscal year 2009 and all fiscal 

years hereafter, no amounts under this heading in any appropriations Act may be used for payments to public housing agencies 

for the costs of operation and management of public housing for 

any year prior to the current year of such Act: Provided further, That of the amounts made available under this heading, up to 

$15,000,000 may be transferred to and merged with the appropriation for ‘‘Transformation Initiative’’. 

REVITALIZATION OF SEVERELY DISTRESSED PUBLIC HOUSING (HOPE VI)

For grants to public housing agencies for demolition, site 

revitalization, replacement housing, and tenant-based assistance 

grants to projects as authorized by section 24 of the United States 

42 USC 1437g 

note. 

Bonus awards. 


ccoleman on DSK8P6SHH1 with PUBLIC LAWS
PUBLIC LAW 111–117—DEC. 16, 2009 123 STAT. 3081 

Housing Act of 1937 (42 U.S.C. 1437v), $200,000,000, to remain 

available until September 30, 2011, of which the Secretary of 

Housing and Urban Development may use up to $10,000,000 for 

technical assistance and contract expertise, to be provided directly 

or indirectly by grants, contracts or cooperative agreements, 

including training and cost of necessary travel for participants 

in such training, by or to officials and employees of the department 

and of public housing agencies and to residents: Provided, That 

none of such funds shall be used directly or indirectly by granting 

competitive advantage in awards to settle litigation or pay judgments, unless expressly permitted herein: Provided further, That 

of the amounts provided under this heading, up to $65,000,000 

may be available for a demonstration of the Choice Neighborhoods 

Initiative (subject to such section 24 except as otherwise specified 

under the provisos for this demonstration under this heading) for 

the transformation, rehabilitation and replacement housing needs 

of both public and HUD-assisted housing and to transform neighborhoods of poverty into functioning, sustainable mixed income 

neighborhoods with appropriate services, public assets, transportation and access to jobs, and schools, including public schools, 

community schools, and charter schools: Provided further, That 

for this demonstration, funding may also be used for the conversion 

of vacant or foreclosed properties to affordable housing: Provided 

further, That use of funds made available for this demonstration 

under this heading shall not be deemed to be public housing notwithstanding section 3(b)(1) of such Act: Provided further, That 

grantees shall commit to an additional period of affordability determined by the Secretary, but not fewer than 20 years: Provided 

further, That grantees shall undertake comprehensive local planning with input from residents and the community: Provided further, That for the purposes of this demonstration, applicants may 

include local governments, public housing authorities, nonprofits, 

and for-profit developers that apply jointly with a public entity: 

Provided further, That such grantees shall create partnerships with 

other local organizations including assisted housing owners, service 

agencies and resident organizations: Provided further, That the 

Secretary shall develop and publish a Notice of Funding Availability 

for the allocation and use of such competitive funds in this demonstration, including but not limited to eligible activities, program 

requirements, protections and services for affected residents, and 

performance metrics. 

NATIVE AMERICAN HOUSING BLOCK GRANTS

For the Native American Housing Block Grants program, as 

authorized under title I of the Native American Housing Assistance 

and Self-Determination Act of 1996 (NAHASDA) (25 U.S.C. 4111 

et seq.), $700,000,000, to remain available until expended: Provided, 

That, notwithstanding the Native American Housing Assistance 

and Self-Determination Act of 1996, to determine the amount of 

the allocation under title I of such Act for each Indian tribe, the 

Secretary shall apply the formula under section 302 of such Act 

with the need component based on single-race Census data and 

with the need component based on multi-race Census data, and 

the amount of the allocation for each Indian tribe shall be the 

greater of the two resulting allocation amounts: Provided further, 

That of the amounts made available under this heading, $3,500,000 

Contracts. 

Publication. 

Notice. 


ccoleman on DSK8P6SHH1 with PUBLIC LAWS
123 STAT. 3082 PUBLIC LAW 111–117—DEC. 16, 2009 

shall be contracted for assistance for a national organization representing Native American housing interests for providing training 

and technical assistance to Indian housing authorities and tribally 

designated housing entities as authorized under NAHASDA; and 

$4,250,000 shall be to support the inspection of Indian housing 

units, contract expertise, training, and technical assistance in the 

training, oversight, and management of such Indian housing and 

tenant-based assistance, including up to $300,000 for related travel: 

Provided further, That of the amount provided under this heading, 

$2,000,000 shall be made available for the cost of guaranteed notes 

and other obligations, as authorized by title VI of NAHASDA: 

Provided further, That such costs, including the costs of modifying 

such notes and other obligations, shall be as defined in section 

502 of the Congressional Budget Act of 1974, as amended: Provided 

further, That these funds are available to subsidize the total principal amount of any notes and other obligations, any part of which 

is to be guaranteed, not to exceed $18,000,000. 

NATIVE HAWAIIAN HOUSING BLOCK GRANT

For the Native Hawaiian Housing Block Grant program, as 

authorized under title VIII of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4111 et seq.), 

$13,000,000, to remain available until expended: Provided, That 

of this amount, $300,000 shall be for training and technical assistance activities, including up to $100,000 for related travel by 

Hawaii-based HUD employees. 

INDIAN HOUSING LOAN GUARANTEE FUND PROGRAM ACCOUNT

For the cost of guaranteed loans, as authorized by section 

184 of the Housing and Community Development Act of 1992 (12 

U.S.C. 1715z), $7,000,000, to remain available until expended: Provided, That such costs, including the costs of modifying such loans, 

shall be as defined in section 502 of the Congressional Budget 

Act of 1974: Provided further, That these funds are available to 

subsidize total loan principal, any part of which is to be guaranteed, 

up to $919,000,000: Provided further, That up to $750,000 shall 

be for administrative contract expenses including management processes and systems to carry out the loan guarantee program. 

NATIVE HAWAIIAN HOUSING LOAN GUARANTEE FUND PROGRAM

ACCOUNT

For the cost of guaranteed loans, as authorized by section 

184A of the Housing and Community Development Act of 1992 

(12 U.S.C. 1715z), $1,044,000, to remain available until expended: 

Provided, That such costs, including the costs of modifying such 

loans, shall be as defined in section 502 of the Congressional Budget 

Act of 1974: Provided further, That these funds are available to 

subsidize total loan principal, any part of which is to be guaranteed, 

not to exceed $41,504,255. 


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PUBLIC LAW 111–117—DEC. 16, 2009 123 STAT. 3083 

COMMUNITY PLANNING AND DEVELOPMENT

HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS

For carrying out the Housing Opportunities for Persons with 

AIDS program, as authorized by the AIDS Housing Opportunity 

Act (42 U.S.C. 12901 et seq.), $335,000,000, to remain available 

until September 30, 2011, except that amounts allocated pursuant 

to section 854(c)(3) of such Act shall remain available until September 30, 2012: Provided, That the Secretary shall renew all 

expiring contracts for permanent supportive housing that were 

funded under section 854(c)(3) of such Act that meet all program 

requirements before awarding funds for new contracts and activities 

authorized under this section. 

COMMUNITY DEVELOPMENT FUND

For assistance to units of State and local government, and 

to other entities, for economic and community development activities, and for other purposes, $4,450,000,000, to remain available 

until September 30, 2012, unless otherwise specified: Provided, That of the total amount provided, $3,990,068,480 is for carrying 

out the community development block grant program under title 

I of the Housing and Community Development Act of 1974, as 

amended (the ‘‘Act’’ herein) (42 U.S.C. 5301 et seq.): Provided further, That unless explicitly provided for under this heading (except 

for planning grants provided in the second paragraph and amounts 

made available under the third paragraph), not to exceed 20 percent 

of any grant made with funds appropriated under this heading 

shall be expended for planning and management development and 

administration: Provided further, That $65,000,000 shall be for 

grants to Indian tribes notwithstanding section 106(a)(1) of such 

Act, of which, notwithstanding any other provision of law (including 

section 204 of this Act), up to $3,960,000 may be used for emergencies that constitute imminent threats to health and safety. Of the amount made available under this heading, $172,843,570 

shall be available for grants for the Economic Development Initiative (EDI) to finance a variety of targeted economic investments 

in accordance with the terms and conditions specified in the 

explanatory statement accompanying this Act: Provided, That none 

of the funds provided under this paragraph may be used for program 

operations: Provided further, That, for fiscal years 2008, 2009 and 

2010, no unobligated funds for EDI grants may be used for any 

purpose except acquisition, planning, design, purchase of equipment, revitalization, redevelopment or construction. Of the amount made available under this heading, $22,087,950 

shall be available for neighborhood initiatives that are utilized 

to improve the conditions of distressed and blighted areas and 

neighborhoods, to stimulate investment, economic diversification, 

and community revitalization in areas with population outmigration 

or a stagnating or declining economic base, or to determine whether 

housing benefits can be integrated more effectively with welfare 

reform initiatives: Provided, That amounts made available under 

this paragraph shall be provided in accordance with the terms 

and conditions specified in the explanatory statement accompanying 

this Act. 

The referenced explanatory statement under this heading in 

title II of division K of Public Law 110–161 is deemed to be amended 

Contracts. 


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123 STAT. 3084 PUBLIC LAW 111–117—DEC. 16, 2009 

by striking ‘‘Old Town Boys and Girls Club, Albuquerque, NM, 

for renovation of the existing Old Town Boys and Girls Club accompanied by construction of new areas for the Club’’ and inserting 

‘‘Old Town Boys and Girls Club, Albuquerque, NM, for renovation 

of the Heights Boys and Girls Club’’. 

The referenced statement of the managers under this heading 

‘‘Community Planning and Development’’ in title II of division K 

of Public Law 110–161 is deemed to be amended by striking ‘‘Custer 

County, ID for acquisition of an unused middle school building’’ 

and inserting ‘‘Custer County, ID, to construct a community center’’. 

The referenced explanatory statement under this heading in 

division I of Public Law 111–8 is deemed to be amended with 

respect to ‘‘Hawaii County Office of Housing and Community 

Development, HI’’ by striking ‘‘Senior Housing Renovation Project’’ 

and inserting ‘‘Transitional Housing Project’’. 

The referenced statement of the managers under this heading 

‘‘Community Planning and Development’’ in title II of division I 

of Public Law 111–8 is deemed to be amended by striking ‘‘Custer 

County, ID, to purchase a middle school building’’ and inserting 

‘‘Custer County, ID, to construct a community center’’. 

The referenced explanatory statement under the heading 

‘‘Community Development Fund’’ in title II of division K of Public 

Law 110–161 is deemed to be amended with respect to ‘‘Emergency 

Housing Consortium in San Jose, CA’’ by striking ‘‘for construction 

of the Sobrato Transitional Center, a residential facility for homeless individuals and families’’ and inserting ‘‘for improvements to 

homeless services and prevention facilities’’. 

Of the amounts made available under this heading, 

$150,000,000 shall be made available for a Sustainable Communities Initiative to improve regional planning efforts that integrate 

housing and transportation decisions, and increase the capacity 

to improve land use and zoning: Provided, That $100,000,000 shall 

be for Regional Integrated Planning Grants to support the linking 

of transportation and land use planning: Provided further, That 

not less than $25,000,000 of the funding made available for Regional 

Integrated Planning Grants shall be awarded to metropolitan areas 

of less than 500,000: Provided further, That $40,000,000 shall be 

for Community Challenge Planning Grants to foster reform and 

reduce barriers to achieve affordable, economically vital, and 

sustainable communities: Provided further, That before funding is 

made available for Regional Integrated Planning Grants or Community Challenge Planning Grants, the Secretary, in coordination with 

the Secretary of Transportation, shall submit a plan to the House 

and Senate Committees on Appropriations, the Senate Committee 

on Banking and Urban Affairs, and the House Committee on Financial Services establishing grant criteria as well as performance 

measures by which the success of grantees will be measured: Provided further, That the Secretary will consult with the Secretary 

of Transportation in evaluating grant proposals: Provided further, 

That up to $10,000,000 shall be for a joint Department of Housing 

and Urban Development and Department of Transportation 

research effort that shall include a rigorous evaluation of the 

Regional Integrated Planning Grants and Community Challenge 

Planning Grants programs: Provided further, That of the amounts 

made available under this heading, $25,000,000 shall be made 

available for the Rural Innovation Fund for grants to Indian tribes, 

State housing finance agencies, State community and/or economic 

Grants. 

Native 

Americans. 

Consultation. 

Plans. 

Grants. 

Grants. 


ccoleman on DSK8P6SHH1 with PUBLIC LAWS
PUBLIC LAW 111–117—DEC. 16, 2009 123 STAT. 3085 

development agencies, local rural nonprofits and community 

development corporations to address the problems of concentrated 

rural housing distress and community poverty: Provided further, That of the funding made available under the previous proviso, 

at least $5,000,000 shall be made available to promote economic 

development and entrepreneurship for federally recognized Indian 

Tribes, through activities including the capitalization of revolving 

loan programs and business planning and development, funding 

is also made available for technical assistance to increase capacity 

through training and outreach activities: Provided further, That 

of the amounts made available under this heading, $25,000,000 

is for grants pursuant to section 107 of the Housing and Community 

Development Act of 1974 (42 U.S.C. 5307). 

COMMUNITY DEVELOPMENT LOAN GUARANTEES PROGRAM ACCOUNT

For the cost of guaranteed loans, $6,000,000, to remain available until September 30, 2011, as authorized by section 108 of 

the Housing and Community Development Act of 1974 (42 U.S.C. 

5308): Provided, That such costs, including the cost of modifying 

such loans, shall be as defined in section 502 of the Congressional 

Budget Act of 1974: Provided further, That these funds are available 

to subsidize total loan principal, any part of which is to be guaranteed, not to exceed $275,000,000, notwithstanding any aggregate 

limitation on outstanding obligations guaranteed in section 108(k) 

of the Housing and Community Development Act of 1974, as 

amended. 

BROWNFIELDS REDEVELOPMENT

For competitive economic development grants, as authorized 

by section 108(q) of the Housing and Community Development 

Act of 1974, as amended, for Brownfields redevelopment projects, 

$17,500,000, to remain available until September 30, 2011: Provided, That no funds made available under this heading may be 

used to establish loan loss reserves for the section 108 Community 

Development Loan Guarantee program. 

HOME INVESTMENT PARTNERSHIPS PROGRAM

For the HOME investment partnerships program, as authorized 

under title II of the Cranston-Gonzalez National Affordable Housing 

Act, as amended, $1,825,000,000, to remain available until September 30, 2012: Provided, That, funds provided in prior appropriations Acts for technical assistance, that were made available for 

Community Housing Development Organizations technical assistance, and that still remain available, may be used for HOME 

technical assistance notwithstanding the purposes for which such 

amounts were appropriated. 

SELF-HELP AND ASSISTED HOMEOWNERSHIP OPPORTUNITY PROGRAM

For the Self-Help and Assisted Homeownership Opportunity 

Program, as authorized under section 11 of the Housing Opportunity 

Program Extension Act of 1996, as amended, $82,000,000, to remain 

available until September 30, 2012: Provided, That of the total 

amount provided under this heading, $27,000,000 shall be made 

available to the Self-Help and Assisted Homeownership Opportunity 

Grants. 

Native 

Americans. 


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123 STAT. 3086 PUBLIC LAW 111–117—DEC. 16, 2009 

Program as authorized under section 11 of the Housing Opportunity 

Program Extension Act of 1996, as amended: Provided further, That $50,000,000 shall be made available for the second, third 

and fourth capacity building activities authorized under section 

4(a) of the HUD Demonstration Act of 1993 (42 U.S.C. 9816 note), 

of which not less than $5,000,000 may be made available for rural 

capacity building activities: Provided further, That $5,000,000 shall 

be made available for capacity building activities as authorized 

in sections 6301 through 6305 of Public Law 110–246. 

HOMELESS ASSISTANCE GRANTS

(INCLUDING TRANSFER OF FUNDS)

For the emergency shelter grants program as authorized under 

subtitle B of title IV of the McKinney-Vento Homeless Assistance 

Act, as amended; the supportive housing program as authorized 

under subtitle C of title IV of such Act; the section 8 moderate 

rehabilitation single room occupancy program as authorized under 

the United States Housing Act of 1937, as amended, to assist 

homeless individuals pursuant to section 441 of the McKinneyVento Homeless Assistance Act; and the shelter plus care program 

as authorized under subtitle F of title IV of such Act, 

$1,865,000,000, of which $1,860,000,000 shall remain available until 

September 30, 2012, and of which $5,000,000 shall remain available 

until expended for rehabilitation projects with 10-year grant terms: 

Provided, That not less than 30 percent of funds made available, 

excluding amounts provided for renewals under the Shelter Plus 

Care Program and emergency shelter grants, shall be used for 

permanent housing for individuals and families: Provided further, 

That all funds awarded for services shall be matched by not less 

than 25 percent in funding by each grantee: Provided further, 

That for all match requirements applicable to funds made available 

under this heading for this fiscal year and prior years, a grantee 

may use (or could have used) as a source of match funds other 

funds administered by the Secretary and other Federal agencies 

unless there is (or was) a specific statutory prohibition on any 

such use of any such funds: Provided further, That the Secretary 

shall renew on an annual basis expiring contracts or amendments 

to contracts funded under the shelter plus care program if the 

program is determined to be needed under the applicable continuum 

of care and meets appropriate program requirements and financial 

standards, as determined by the Secretary: Provided further, That 

all awards of assistance under this heading shall be required to 

coordinate and integrate homeless programs with other mainstream 

health, social services, and employment programs for which homeless populations may be eligible, including Medicaid, State Children’s Health Insurance Program, Temporary Assistance for Needy 

Families, Food Stamps, and services funding through the Mental 

Health and Substance Abuse Block Grant, Workforce Investment 

Act, and the Welfare-to-Work grant program: Provided further, That 

up to $6,000,000 of the funds appropriated under this heading 

shall be available for the national homeless data analysis project: 

Provided further, That up to $12,650,000 of the funds made available under this heading may be transferred to and merged with 

the appropriation for ‘‘Transformation Initiative’’: Provided further, 

That all balances for Shelter Plus Care renewals previously funded 

Contracts. 


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PUBLIC LAW 111–117—DEC. 16, 2009 123 STAT. 3087 

from the Shelter Plus Care Renewal account and transferred to 

this account shall be available, if recaptured, for Shelter Plus Care 

renewals in fiscal year 2010. 

HOUSING PROGRAMS

PROJECT-BASED RENTAL ASSISTANCE

For activities and assistance for the provision of project-based 

subsidy contracts under the United States Housing Act of 1937 

(42 U.S.C. 1437 et seq.) (‘‘the Act’’), not otherwise provided for, 

$8,157,853,000, to remain available until expended, shall be available on October 1, 2009, and $393,672,000, to remain available 

until expended, shall be available on October 1, 2010: Provided, 

That the amounts made available under this heading are provided 

as follows: 

(1) Up to $8,325,853,000 shall be available for expiring 

or terminating section 8 project-based subsidy contracts 

(including section 8 moderate rehabilitation contracts), for 

amendments to section 8 project-based subsidy contracts 

(including section 8 moderate rehabilitation contracts), for contracts entered into pursuant to section 441 of the McKinneyVento Homeless Assistance Act (42 U.S.C. 11401), for renewal 

of section 8 contracts for units in projects that are subject 

to approved plans of action under the Emergency Low Income 

Housing Preservation Act of 1987 or the Low-Income Housing 

Preservation and Resident Homeownership Act of 1990, and 

for administrative and other expenses associated with projectbased activities and assistance funded under this paragraph. 

(2) Not less than $232,000,000 but not to exceed 

$258,000,000 shall be available for performance-based contract 

administrators for section 8 project-based assistance: Provided, 

That the Secretary of Housing and Urban Development may 

also use such amounts for performance-based contract administrators for the administration of: interest reduction payments 

pursuant to section 236(a) of the National Housing Act (12 

U.S.C. 1715z–1(a)); rent supplement payments pursuant to section 101 of the Housing and Urban Development Act of 1965 

(12 U.S.C. 1701s); section 236(f)(2) rental assistance payments 

(12 U.S.C. 1715z–1(f)(2)); project rental assistance contracts 

for the elderly under section 202(c)(2) of the Housing Act of 

1959 (12 U.S.C. 1701q); project rental assistance contracts for 

supportive housing for persons with disabilities under section 

811(d)(2) of the Cranston-Gonzalez National Affordable Housing 

Act (42 U.S.C. 8013(d)(2)); project assistance contracts pursuant 

to section 202(h) of the Housing Act of 1959 (Public Law 86– 

372; 73 Stat. 667); and loans under section 202 of the Housing 

Act of 1959 (Public Law 86–372; 73 Stat. 667). 

(3) Amounts recaptured under this heading, the heading 

‘‘Annual Contributions for Assisted Housing’’, or the heading 

‘‘Housing Certificate Fund’’ may be used for renewals of or 

amendments to section 8 project-based contracts or for performance-based contract administrators, notwithstanding the purposes for which such amounts were appropriated. 


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123 STAT. 3088 PUBLIC LAW 111–117—DEC. 16, 2009 

HOUSING FOR THE ELDERLY

For capital advances, including amendments to capital advance 

contracts, for housing for the elderly, as authorized by section 

202 of the Housing Act of 1959, as amended, and for project rental 

assistance for the elderly under section 202(c)(2) of such Act, 

including amendments to contracts for such assistance and renewal 

of expiring contracts for such assistance for up to a 1-year term, 

and for supportive services associated with the housing, 

$825,000,000, to remain available until September 30, 2013, of 

which up to $582,000,000 shall be for capital advance and projectbased rental assistance awards: Provided, That amounts for project 

rental assistance contracts are to remain available for the liquidation of valid obligations for 10 years following the date of such 

obligation: Provided further, That of the amount provided under this heading, up to $90,000,000 shall be for service coordinators 

and the continuation of existing congregate service grants for residents of assisted housing projects, and of which up to $40,000,000 

shall be for grants under section 202b of the Housing Act of 1959 

(12 U.S.C. 1701q–2) for conversion of eligible projects under such 

section to assisted living or related use and for substantial and 

emergency capital repairs as determined by the Secretary: Provided 

further, That of the amount made available under this heading, $20,000,000 shall be available to the Secretary of Housing and 

Urban Development only for making competitive grants to private 

nonprofit organizations and consumer cooperatives for covering 

costs of architectural and engineering work, site control, and other 

planning relating to the development of supportive housing for 

the elderly that is eligible for assistance under section 202 of 

the Housing Act of 1959 (12 U.S.C. 1701q): Provided further, That 

amounts under this heading shall be available for Real Estate 

Assessment Center inspections and inspection-related activities 

associated with section 202 capital advance projects: Provided further, That the Secretary may waive the provisions of section 202 

governing the terms and conditions of project rental assistance, 

except that the initial contract term for such assistance shall not 

exceed 5 years in duration. 

HOUSING FOR PERSONS WITH DISABILITIES

For capital advance contracts, including amendments to capital 

advance contracts, for supportive housing for persons with disabilities, as authorized by section 811 of the Cranston-Gonzalez 

National Affordable Housing Act (42 U.S.C. 8013), for project rental 

assistance for supportive housing for persons with disabilities under 

section 811(d)(2) of such Act, including amendments to contracts 

for such assistance and renewal of expiring contracts for such 

assistance for up to a 1-year term, and for supportive services 

associated with the housing for persons with disabilities as authorized by section 811(b)(1) of such Act, and for tenant-based rental 

assistance contracts entered into pursuant to section 811 of such 

Act, $300,000,000, of which up to $186,000,000 shall be for capital 

advances and project-based rental assistance contracts, to remain 

available until September 30, 2013: Provided, That amounts for 

project rental assistance contracts are to remain available for the 

liquidation of valid obligations for 10 years following the date of 

such obligation: Provided further, That, of the amount provided under this heading, $87,100,000 shall be for amendments or renewal 

Contracts. 

Time period. 

Waiver authority. 

Contracts. 

Time period. 


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PUBLIC LAW 111–117—DEC. 16, 2009 123 STAT. 3089 

of tenant-based assistance contracts entered into prior to fiscal 

year 2005 (only one amendment authorized for any such contract): 

Provided further, That all tenant-based assistance made available 

under this heading shall continue to remain available only to persons with disabilities: Provided further, That the Secretary may 

waive the provisions of section 811 governing the terms and conditions of project rental assistance and tenant-based assistance, except 

that the initial contract term for such assistance shall not exceed 

5 years in duration: Provided further, That amounts made available 

under this heading shall be available for Real Estate Assessment 

Center inspections and inspection-related activities associated with 

section 811 Capital Advance Projects. 

HOUSING COUNSELING ASSISTANCE

For contracts, grants, and other assistance excluding loans, 

as authorized under section 106 of the Housing and Urban Development Act of 1968, as amended, $87,500,000, including up to 

$2,500,000 for administrative contract services, to remain available 

until September 30, 2011: Provided, That funds shall be used for 

providing counseling and advice to tenants and homeowners, both 

current and prospective, with respect to property maintenance, 

financial management/literacy, and such other matters as may be 

appropriate to assist them in improving their housing conditions, 

meeting their financial needs, and fulfilling the responsibilities 

of tenancy or homeownership; for program administration; and for 

housing counselor training: Provided further, That of the amounts 

made available under this heading, not less than $13,500,000 shall 

be awarded to HUD-certified housing counseling agencies located 

in the 100 metropolitan statistical areas with the highest rate 

of home foreclosures for the purpose of assisting homeowners with 

inquiries regarding mortgage-modification assistance and mortgage 

scams. 

ENERGY INNOVATION FUND

For an Energy Innovation Fund to enable the Federal Housing 

Administration and the new Office of Sustainability to catalyze 

innovations in the residential energy efficiency sector that have 

promise of replicability and help create a standardized home energy 

efficient retrofit market, $50,000,000, to remain available until 

September 30, 2013: Provided, That $25,000,000 shall be for the 

Energy Efficient Mortgage Innovation pilot program, directed at 

the single family housing market: Provided further, That 

$25,000,000 shall be for the Multifamily Energy Pilot, directed 

at the multifamily housing market. 

OTHER ASSISTED HOUSING PROGRAMS

RENTAL HOUSING ASSISTANCE

For amendments to contracts under section 101 of the Housing 

and Urban Development Act of 1965 (12 U.S.C. 1701s) and section 

236(f)(2) of the National Housing Act (12 U.S.C. 1715z–1) in Stateaided, non-insured rental housing projects, $40,000,000, to remain 

available until expended. 

Inspections. 

Waiver authority. 

Time period. 


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123 STAT. 3090 PUBLIC LAW 111–117—DEC. 16, 2009 

RENT SUPPLEMENT

(RESCISSION)

Of the amounts recaptured from terminated contracts under 

section 101 of the Housing and Urban Development Act of 1965 

(12 U.S.C. 1701s) and section 236 of the National Housing Act 

(12 U.S.C. 1715z–1) $72,036,000 are rescinded: Provided, That no 

amounts may be rescinded from amounts that were designated 

by the Congress as an emergency requirement pursuant to the 

Concurrent Resolution on the Budget or the Balanced Budget and 

Emergency Deficit Control Act of 1985, as amended. 

PAYMENT TO MANUFACTURED HOUSING FEES TRUST FUND

For necessary expenses as authorized by the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 

U.S.C. 5401 et seq.), up to $16,000,000, to remain available until 

expended, of which $7,000,000 is to be derived from the Manufactured Housing Fees Trust Fund: Provided, That not to exceed 

the total amount appropriated under this heading shall be available 

from the general fund of the Treasury to the extent necessary 

to incur obligations and make expenditures pending the receipt 

of collections to the Fund pursuant to section 620 of such Act: 

Provided further, That the amount made available under this 

heading from the general fund shall be reduced as such collections 

are received during fiscal year 2010 so as to result in a final 

fiscal year 2010 appropriation from the general fund estimated 

at not more than $9,000,000 and fees pursuant to such section 

620 shall be modified as necessary to ensure such a final fiscal 

year 2010 appropriation: Provided further, That for the dispute 

resolution and installation programs, the Secretary of Housing and 

Urban Development may assess and collect fees from any program 

participant: Provided further, That such collections shall be deposited into the Fund, and the Secretary, as provided herein, may 

use such collections, as well as fees collected under section 620, 

for necessary expenses of such Act: Provided further, That notwithstanding the requirements of section 620 of such Act, the Secretary 

may carry out responsibilities of the Secretary under such Act 

through the use of approved service providers that are paid directly 

by the recipients of their services. 

FEDERAL HOUSING ADMINISTRATION

MUTUAL MORTGAGE INSURANCE PROGRAM ACCOUNT

(INCLUDING TRANSFER OF FUNDS)

During fiscal year 2010, commitments to guarantee single 

family loans insured under the Mutual Mortgage Insurance Fund 

shall not exceed a loan principal of $400,000,000,000: Provided, 

That for new loans guaranteed pursuant to section 255 of the 

National Housing Act (12 U.S.C. 1715z–20), the Secretary shall 

adjust the factors used to calculate the principal limit (as such 

term is defined in HUD Handbook 4235.1) that were assumed 

in the President’s Budget Request for 2010 for such loans, as 

necessary to ensure that the program operates at a net zero subsidy 

rate: Provided further, That during fiscal year 2010, obligations 


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PUBLIC LAW 111–117—DEC. 16, 2009 123 STAT. 3091 

to make direct loans to carry out the purposes of section 204(g) 

of the National Housing Act, as amended, shall not exceed 

$50,000,000: Provided further, That the foregoing amount shall 

be for loans to nonprofit and governmental entities in connection 

with sales of single family real properties owned by the Secretary 

and formerly insured under the Mutual Mortgage Insurance Fund. 

For administrative contract expenses of the Federal Housing 

Administration, $188,900,000, of which up to $70,794,000 may be 

transferred to the Working Capital Fund, and of which up to 

$7,500,000 shall be for education and outreach of FHA single family 

loan products: Provided further, That to the extent guaranteed 

loan commitments exceed $200,000,000,000 on or before April 1, 

2010, an additional $1,400 for administrative contract expenses 

shall be available for each $1,000,000 in additional guaranteed 

loan commitments (including a pro rata amount for any amount 

below $1,000,000), but in no case shall funds made available by 

this proviso exceed $30,000,000. 

GENERAL AND SPECIAL RISK PROGRAM ACCOUNT

For the cost of guaranteed loans, as authorized by sections 

238 and 519 of the National Housing Act (12 U.S.C. 1715z–3 and 

1735c), including the cost of loan guarantee modifications, as that 

term is defined in section 502 of the Congressional Budget Act 

of 1974, as amended, $8,600,000, to remain available until 

expended: Provided, That commitments to guarantee loans shall 

not exceed $15,000,000,000 in total loan principal, any part of 

which is to be guaranteed. 

Gross obligations for the principal amount of direct loans, as 

authorized by sections 204(g), 207(l), 238, and 519(a) of the National 

Housing Act, shall not exceed $20,000,000, which shall be for loans 

to nonprofit and governmental entities in connection with the sale 

of single-family real properties owned by the Secretary and formerly 

insured under such Act. 

GOVERNMENT NATIONAL MORTGAGE ASSOCIATION

GUARANTEES OF MORTGAGE-BACKED SECURITIES LOAN GUARANTEE

PROGRAM ACCOUNT

New commitments to issue guarantees to carry out the purposes 

of section 306 of the National Housing Act, as amended (12 U.S.C. 

1721(g)), shall not exceed $500,000,000,000, to remain available 

until September 30, 2011. 

POLICY DEVELOPMENT AND RESEARCH

RESEARCH AND TECHNOLOGY

For contracts, grants, and necessary expenses of programs of 

research and studies relating to housing and urban problems, not 

otherwise provided for, as authorized by title V of the Housing 

and Urban Development Act of 1970 (12 U.S.C. 1701z–1 et seq.), 

including carrying out the functions of the Secretary of Housing 

and Urban Development under section 1(a)(1)(I) of Reorganization 

Plan No. 2 of 1968, $48,000,000, to remain available until September 30, 2011. 


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123 STAT. 3092 PUBLIC LAW 111–117—DEC. 16, 2009 

FAIR HOUSING AND EQUAL OPPORTUNITY

FAIR HOUSING ACTIVITIES

For contracts, grants, and other assistance, not otherwise provided for, as authorized by title VIII of the Civil Rights Act of 

1968, as amended by the Fair Housing Amendments Act of 1988, 

and section 561 of the Housing and Community Development Act 

of 1987, as amended, $72,000,000, to remain available until September 30, 2011, of which $42,500,000 shall be to carry out activities 

pursuant to such section 561: Provided, That notwithstanding 31 

U.S.C. 3302, the Secretary may assess and collect fees to cover 

the costs of the Fair Housing Training Academy, and may use 

such funds to provide such training: Provided further, That no 

funds made available under this heading shall be used to lobby 

the executive or legislative branches of the Federal Government 

in connection with a specific contract, grant or loan: Provided further, That of the funds made available under this heading, $500,000 

shall be available to the Secretary of Housing and Urban Development for the creation and promotion of translated materials and 

other programs that support the assistance of persons with limited 

English proficiency in utilizing the services provided by the Department of Housing and Urban Development. 

OFFICE OF LEAD HAZARD CONTROL AND HEALTHY HOMES

LEAD HAZARD REDUCTION

For the Lead Hazard Reduction Program, as Authorized by 

section 1011 of the Residential Lead-Based Paint Hazard Reduction 

Act of 1992, $140,000,000, to remain available until September 

30, 2011, of which not less than $20,000,000 shall be for the 

Healthy Homes Initiative, pursuant to sections 501 and 502 of 

the Housing and Urban Development Act of 1970 that shall include 

research, studies, testing, and demonstration efforts, including education and outreach concerning lead-based paint poisoning and other 

housing-related diseases and hazards: Provided, That for purposes 

of environmental review, pursuant to the National Environmental 

Policy Act of 1969 (42 U.S.C. 4321 et seq.) and other provisions 

of the law that further the purposes of such Act, a grant under 

the Healthy Homes Initiative, Operation Lead Elimination Action 

Plan (LEAP), or the Lead Technical Studies program under this 

heading or under prior appropriations Acts for such purposes under 

this heading, shall be considered to be funds for a special project 

for purposes of section 305(c) of the Multifamily Housing Property 

Disposition Reform Act of 1994: Provided further, That of the total 

amount made available under this heading, $48,000,000 shall be 

made available on a competitive basis for areas with the highest 

lead paint abatement needs: Provided further, That each recipient 

of funds provided under the second proviso shall make a matching 

contribution in an amount not less than 25 percent: Provided further, That the Secretary may waive the matching requirement 

cited in the preceding proviso on a case by case basis if the Secretary 

determines that such a waiver is necessary to advance the purposes 

of this program: Provided further, That each applicant 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 pursuant to a notice of funding availability: Provided 

Plans. 

Strategy. 

Notice. 

Waiver authority. 

Determination. 

Lobbying. 


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PUBLIC LAW 111–117—DEC. 16, 2009 123 STAT. 3093 

further, That amounts made available under this heading in this 

or prior appropriations Acts, and that still remain available, may 

be used for any purpose under this heading notwithstanding the 

purpose for which such amounts were appropriated if a program 

competition is undersubscribed and there are other program competitions under this heading that are oversubscribed. 

MANAGEMENT AND ADMINISTRATION

WORKING CAPITAL FUND

(INCLUDING TRANSFER OF FUNDS)

For additional capital for the Working Capital Fund (42 U.S.C. 

3535) for the maintenance of infrastructure for Department-wide 

information technology systems, for the continuing operation and 

maintenance of both Department-wide and program-specific 

information systems, and for program-related maintenance activities, $200,000,000, to remain available until September 30, 2011: 

Provided, That any amounts transferred to this Fund under this 

Act shall remain available until expended: Provided further, That 

any amounts transferred to this Fund from amounts appropriated 

by previously enacted appropriations Acts or from within this Act 

may be used only for the purposes specified under this Fund, 

in addition to the purposes for which such amounts were appropriated: Provided further, That up to $15,000,000 may be transferred to this account from all other accounts in this title (except 

for the Office of the Inspector General account) that make funds 

available for salaries and expenses. 

OFFICE OF INSPECTOR GENERAL

For necessary salaries and expenses of the Office of Inspector 

General in carrying out the Inspector General Act of 1978, as 

amended, $125,000,000: Provided, That the Inspector General shall 

have independent authority over all personnel issues within this 

office. 

TRANSFORMATION INITIATIVE

(INCLUDING TRANSFER OF FUNDS)

For necessary expenses for combating mortgage fraud, 

$20,000,000, to remain available until expended. 

In addition, of the amounts made available in this Act under 

each of the following headings under this title, the Secretary may 

transfer to, and merge with, this account up to 1 percent from 

each such account, and such transferred amounts shall be available 

until September 30, 2012, for (1) research, evaluation, and program 

metrics; (2) program demonstrations; (3) technical assistance and 

capacity building; and (4) information technology: ‘‘Public Housing 

Capital Fund’’, ‘‘Revitalization of Severely Distressed Public 

Housing’’, ‘‘Brownfields Redevelopment’’, ‘‘Section 108 Loan Guarantees’’, ‘‘Energy Innovation Fund’’, ‘‘Housing Opportunities for Persons With AIDS’’, ‘‘Community Development Fund’’, ‘‘HOME Investment Partnerships Program’’, ‘‘Self-Help and Assisted Homeownership Opportunity Program’’, ‘‘Housing for the Elderly’’, ‘‘Housing 

for Persons With Disabilities’’, ‘‘Housing Counseling Assistance’’, 


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123 STAT. 3094 PUBLIC LAW 111–117—DEC. 16, 2009 

‘‘Payment to Manufactured Housing Fees Trust Fund’’, ‘‘Mutual 

Mortgage Insurance Program Account’’, ‘‘General and Special Risk 

Program Account’’, ‘‘Research and Technology’’, ‘‘Lead Hazard 

Reduction’’, ‘‘Rental Housing Assistance’’, and ‘‘Fair Housing Activities’’: Provided, That of the amounts made available under this 

paragraph, not less than $80,000,000 and not more than 

$180,000,000 shall be available for information technology modernization, including development and deployment of a Next 

Generation of Voucher Management System and development and 

deployment of modernized Federal Housing Administration systems: 

Provided further, That not more than 25 percent of the funds 

made available for information technology modernization may be 

obligated until the Secretary submits to the Committees on Appropriations a plan for expenditure that (1) identifies for each modernization project (a) the functional and performance capabilities 

to be delivered and the mission benefits to be realized, (b) the 

estimated lifecycle cost, and (c) key milestones to be met; (2) demonstrates that each modernization project is (a) compliant with 

the department’s enterprise architecture, (b) being managed in 

accordance with applicable lifecycle management policies and guidance, (c) subject to the department’s capital planning and investment control requirements, and (d) supported by an adequately 

staffed project office; and (3) has been reviewed by the Government 

Accountability Office: Provided further, That of the amounts made 

available under this paragraph, not less than $45,000,000 shall 

be available for technical assistance and capacity building: Provided 

further, That technical assistance activities shall include, technical 

assistance for HUD programs, including HOME, Community 

Development Block Grant, homeless programs, HOPWA, HOPE 

VI, Public Housing, the Housing Choice Voucher Program, Fair 

Housing Initiative Program, Housing Counseling, Healthy Homes, 

Sustainable Communities, Energy Innovation Fund and other technical assistance as determined by the Secretary: Provided further, 

That of the amounts made available for research, evaluation and 

program metrics and program demonstrations, the Secretary shall 

include an assessment of the housing needs of Native Americans, 

including sustainable building practices: Provided further, That of 

the amounts made available for research, evaluation and program 

metrics and program demonstrations, the Secretary shall include 

an evaluation of the Moving-to-Work demonstration program: Provided further, That the Secretary shall submit a plan to the House 

and Senate Committees on Appropriations for approval detailing 

how the funding provided under this heading will be allocated 

to each of the four categories identified under this heading and 

for what projects or activities funding will be used: Provided further, 

That following the initial approval of this plan, the Secretary may 

amend the plan with the approval of the House and Senate Committees on Appropriations. 

GENERAL PROVISIONS—DEPARTMENT OF HOUSING AND URBAN

DEVELOPMENT

SEC. 201. Fifty percent of the amounts of budget authority, 

or in lieu thereof 50 percent of the cash amounts associated with 

such budget authority, that are recaptured from projects described 

in section 1012(a) of the Stewart B. McKinney Homeless Assistance 

Amendments Act of 1988 (42 U.S.C. 1437 note) shall be rescission 

Allocation plan. 

Evaluation. 

Assessment. 

Native 

Americans. 

Expenditure 

plan. 


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PUBLIC LAW 111–117—DEC. 16, 2009 123 STAT. 3095 

or in the case of cash, shall be remitted to the Treasury, and 

such amounts of budget authority or cash recaptured and not rescission or remitted to the Treasury shall be used by State housing 

finance agencies or local governments or local housing agencies 

with projects approved by the Secretary of Housing and Urban 

Development for which settlement occurred after January 1, 1992, 

in accordance with such section. Notwithstanding the previous sentence, the Secretary may award up to 15 percent of the budget 

authority or cash recaptured and not rescission or remitted to 

the Treasury to provide project owners with incentives to refinance 

their project at a lower interest rate. 

SEC. 202. None of the amounts made available under this 

Act may be used during fiscal year 2010 to investigate or prosecute 

under the Fair Housing Act any otherwise lawful activity engaged 

in by one or more persons, including the filing or maintaining 

of a non-frivolous legal action, that is engaged in solely for the 

purpose of achieving or preventing action by a Government official 

or entity, or a court of competent jurisdiction. 

SEC. 203. (a) Notwithstanding section 854(c)(1)(A) of the AIDS 

Housing Opportunity Act (42 U.S.C. 12903(c)(1)(A)), from any 

amounts made available under this title for fiscal year 2010 that 

are allocated under such section, the Secretary of Housing and 

Urban Development shall allocate and make a grant, in the amount 

determined under subsection (b), for any State that— 

(1) received an allocation in a prior fiscal year under clause 

(ii) of such section; and 

(2) is not otherwise eligible for an allocation for fiscal 

year 2010 under such clause (ii) because the areas in the 

State outside of the metropolitan statistical areas that qualify 

under clause (i) in fiscal year 2010 do not have the number 

of cases of acquired immunodeficiency syndrome (AIDS) 

required under such clause. 

(b) The amount of the allocation and grant for any State 

described in subsection (a) shall be an amount based on the cumulative number of AIDS cases in the areas of that State that are 

outside of metropolitan statistical areas that qualify under clause 

(i) of such section 854(c)(1)(A) in fiscal year 2010, in proportion 

to AIDS cases among cities and States that qualify under clauses 

(i) and (ii) of such section and States deemed eligible under subsection (a). 

(c) Notwithstanding any other provision of law, the amount 

allocated for fiscal year 2010 under section 854(c) of the AIDS 

Housing Opportunity Act (42 U.S.C. 12903(c)), to the City of New 

York, New York, on behalf of the New York-Wayne-White Plains, 

New York-New Jersey Metropolitan Division (hereafter ‘‘metropolitan division’’) of the New York-Newark-Edison, NY-NJ-PA Metropolitan Statistical Area, shall be adjusted by the Secretary of 

Housing and Urban Development by: (1) allocating to the City 

of Jersey City, New Jersey, the proportion of the metropolitan 

area’s or division’s amount that is based on the number of cases 

of AIDS reported in the portion of the metropolitan area or division 

that is located in Hudson County, New Jersey, and adjusting for 

the proportion of the metropolitan division’s high incidence bonus 

if this area in New Jersey also has a higher than average per 

capita incidence of AIDS; and (2) allocating to the City of Paterson, 

New Jersey, the proportion of the metropolitan area’s or division’s 

amount that is based on the number of cases of AIDS reported 

New Jersey. 

Grants. 

AIDS. 


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123 STAT. 3096 PUBLIC LAW 111–117—DEC. 16, 2009 

in the portion of the metropolitan area or division that is located 

in Bergen County and Passaic County, New Jersey, and adjusting 

for the proportion of the metropolitan division’s high incidence 

bonus if this area in New Jersey also has a higher than average 

per capita incidence of AIDS. The recipient cities shall use amounts 

allocated under this subsection to carry out eligible activities under 

section 855 of the AIDS Housing Opportunity Act (42 U.S.C. 12904) 

in their respective portions of the metropolitan division that is 

located in New Jersey. 

(d) Notwithstanding any other provision of law, the amount 

allocated for fiscal year 2010 under section 854(c) of the AIDS 

Housing Opportunity Act (42 U.S.C. 12903(c)) to areas with a 

higher than average per capita incidence of AIDS, shall be adjusted 

by the Secretary on the basis of area incidence reported over a 

3-year period. 

SEC. 204. Except as explicitly provided in law, any grant, 

cooperative agreement or other assistance made pursuant to title 

II of this Act shall be made on a competitive basis and in accordance 

with section 102 of the Department of Housing and Urban Development Reform Act of 1989 (42 U.S.C. 3545). 

SEC. 205. Funds of the Department of Housing and Urban 

Development subject to the Government Corporation Control Act 

or section 402 of the Housing Act of 1950 shall be available, without 

regard to the limitations on administrative expenses, for legal services on a contract or fee basis, and for utilizing and making payment 

for services and facilities of the Federal National Mortgage Association, Government National Mortgage Association, Federal Home 

Loan Mortgage Corporation, Federal Financing Bank, Federal 

Reserve banks or any member thereof, Federal Home Loan banks, 

and any insured bank within the meaning of the Federal Deposit 

Insurance Corporation Act, as amended (12 U.S.C. 1811–1). 

SEC. 206. Unless otherwise provided for in this Act or through 

a reprogramming of funds, no part of any appropriation for the 

Department of Housing and Urban Development shall be available 

for any program, project or activity in excess of amounts set forth 

in the budget estimates submitted to Congress. 

SEC. 207. Corporations and agencies of the Department of 

Housing and Urban Development which are subject to the Government Corporation Control Act, are hereby authorized to make such 

expenditures, within the limits of funds and borrowing authority 

available to each such corporation or agency and in accordance 

with law, and to make such contracts and commitments without 

regard to fiscal year limitations as provided by section 104 of 

such Act as may be necessary in carrying out the programs set 

forth in the budget for 2010 for such corporation or agency except 

as hereinafter provided: Provided, That collections of these corporations and agencies may be used for new loan or mortgage purchase 

commitments only to the extent expressly provided for in this 

Act (unless such loans are in support of other forms of assistance 

provided for in this or prior appropriations Acts), except that this 

proviso shall not apply to the mortgage insurance or guaranty 

operations of these corporations, or where loans or mortgage purchases are necessary to protect the financial interest of the United 

States Government. 

SEC. 208. The Secretary of Housing and Urban Development 

shall provide quarterly reports to the House and Senate Committees 

Deadlines. 

Reports. 

Budget. 

Time period. 


ccoleman on DSK8P6SHH1 with PUBLIC LAWS
PUBLIC LAW 111–117—DEC. 16, 2009 123 STAT. 3097 

on Appropriations regarding all uncommitted, unobligated, recaptured and excess funds in each program and activity within the 

jurisdiction of the Department and shall submit additional, updated 

budget information to these Committees upon request. 

SEC. 209. (a) Notwithstanding any other provision of law, the 

amount allocated for fiscal year 2010 under section 854(c) of the 

AIDS Housing Opportunity Act (42 U.S.C. 12903(c)), to the City 

of Wilmington, Delaware, on behalf of the Wilmington, DelawareMaryland-New Jersey Metropolitan Division (hereafter ‘‘metropolitan division’’), shall be adjusted by the Secretary of Housing and 

Urban Development by allocating to the State of New Jersey the 

proportion of the metropolitan division’s amount that is based on 

the number of cases of AIDS reported in the portion of the metropolitan division that is located in New Jersey, and adjusting for the 

proportion of the metropolitan division’s high incidence bonus if 

this area in New Jersey also has a higher than average per capita 

incidence of AIDS. The State of New Jersey shall use amounts 

allocated to the State under this subsection to carry out eligible 

activities under section 855 of the AIDS Housing Opportunity Act 

(42 U.S.C. 12904) in the portion of the metropolitan division that 

is located in New Jersey. 

(b) Notwithstanding any other provision of law, the Secretary 

of Housing and Urban Development shall allocate to Wake County, 

North Carolina, the amounts that otherwise would be allocated 

for fiscal year 2010 under section 854(c) of the AIDS Housing 

Opportunity Act (42 U.S.C. 12903(c)) to the City of Raleigh, North 

Carolina, on behalf of the Raleigh-Cary, North Carolina Metropolitan Statistical Area. Any amounts allocated to Wake County shall 

be used to carry out eligible activities under section 855 of such 

Act (42 U.S.C. 12904) within such metropolitan statistical area. 

(c) Notwithstanding section 854(c) of the AIDS Housing Opportunity Act (42 U.S.C. 12903(c)), the Secretary of Housing and Urban 

Development may adjust the allocation of the amounts that otherwise would be allocated for fiscal year 2010 under section 854(c) 

of such Act, upon the written request of an applicant, in conjunction 

with the State(s), for a formula allocation on behalf of a metropolitan statistical area, to designate the State or States in which 

the metropolitan statistical area is located as the eligible grantee(s) 

of the allocation. In the case that a metropolitan statistical area 

involves more than one State, such amounts allocated to each 

State shall be in proportion to the number of cases of AIDS reported 

in the portion of the metropolitan statistical area located in that 

State. Any amounts allocated to a State under this section shall 

be used to carry out eligible activities within the portion of the 

metropolitan statistical area located in that State. 

SEC. 210. The President’s formal budget request for fiscal year 

2011, as well as the Department of Housing and Urban Development’s congressional budget justifications to be submitted to the 

Committees on Appropriations of the House of Representatives and 

the Senate, shall use the identical account and sub-account structure provided under this Act. 

SEC. 211. A public housing agency or such other entity that 

administers Federal housing assistance for the Housing Authority 

of the county of Los Angeles, California, the States of Alaska, 

Iowa, and Mississippi shall not be required to include a resident 

of public housing or a recipient of assistance provided under section 

8 of the United States Housing Act of 1937 on the board of directors 

State listing. 

Budget request. 

North Carolina. 

AIDS. 

New Jersey. 


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123 STAT. 3098 PUBLIC LAW 111–117—DEC. 16, 2009 

or a similar governing board of such agency or entity as required 

under section (2)(b) of such Act. Each public housing agency or 

other entity that administers Federal housing assistance under 

section 8 for the Housing Authority of the county of Los Angeles, 

California and the States of Alaska, Iowa and Mississippi that 

chooses not to include a resident of Public Housing or a recipient 

of section 8 assistance on the board of directors or a similar governing board shall establish an advisory board of not less than 

six residents of public housing or recipients of section 8 assistance 

to provide advice and comment to the public housing agency or 

other administering entity on issues related to public housing and 

section 8. Such advisory board shall meet not less than quarterly. 

SEC. 212. (a) Notwithstanding any other provision of law, subject to the conditions listed in subsection (b), for fiscal years 2010 

and 2011, the Secretary of Housing and Urban Development may 

authorize the transfer of some or all project-based assistance, debt 

and statutorily required low-income and very low-income use 

restrictions, associated with one or more multifamily housing project 

to another multifamily housing project or projects. 

(b) The transfer authorized in subsection (a) is subject to the 

following conditions: 

(1) The number of low-income and very low-income units 

and the net dollar amount of Federal assistance provided by 

the transferring project shall remain the same in the receiving 

project or projects. 

(2) The transferring project shall, as determined by the 

Secretary, be either physically obsolete or economically nonviable. 

(3) The receiving project or projects shall meet or exceed 

applicable physical standards established by the Secretary. 

(4) The owner or mortgagor of the transferring project 

shall notify and consult with the tenants residing in the 

transferring project and provide a certification of approval by 

all appropriate local governmental officials. 

(5) The tenants of the transferring project who remain 

eligible for assistance to be provided by the receiving project 

or projects shall not be required to vacate their units in the 

transferring project or projects until new units in the receiving 

project are available for occupancy. 

(6) The Secretary determines that this transfer is in the 

best interest of the tenants. 

(7) If either the transferring project or the receiving project 

or projects meets the condition specified in subsection (c)(2)(A), 

any lien on the receiving project resulting from additional 

financing obtained by the owner shall be subordinate to any 

FHA-insured mortgage lien transferred to, or placed on, such 

project by the Secretary. 

(8) If the transferring project meets the requirements of 

subsection (c)(2)(E), the owner or mortgagor of the receiving 

project or projects shall execute and record either a continuation 

of the existing use agreement or a new use agreement for 

the project where, in either case, any use restrictions in such 

agreement are of no lesser duration than the existing use 

restrictions. 

(9) Any financial risk to the FHA General and Special 

Risk Insurance Fund, as determined by the Secretary, would 

Records. 

Contracts. 

Determination. 

Notification. 

Consultation. 

Certification. 

Standards. 

Transfer 

authority. 

Establishment. 


ccoleman on DSK8P6SHH1 with PUBLIC LAWS
PUBLIC LAW 111–117—DEC. 16, 2009 123 STAT. 3099 

be reduced as a result of a transfer completed under this 

section. 

(10) The Secretary determines that Federal liability with 

regard to this project will not be increased. 

(c) For purposes of this section— 

(1) the terms ‘‘low-income’’ and ‘‘very low-income’’ shall 

have the meanings provided by the statute and/or regulations 

governing the program under which the project is insured or 

assisted; 

(2) the term ‘‘multifamily housing project’’ means housing 

that meets one of the following conditions— 

(A) housing that is subject to a mortgage insured under 

the National Housing Act; 

(B) housing that has project-based assistance attached 

to the structure including projects undergoing mark to 

market debt restructuring under the Multifamily Assisted 

Housing Reform and Affordability Housing Act; 

(C) housing that is assisted under section 202 of the 

Housing Act of 1959 as amended by section 801 of the 

Cranston-Gonzales National Affordable Housing Act; 

(D) housing that is assisted under section 202 of the 

Housing Act of 1959, as such section existed before the 

enactment of the Cranston-Gonzales National Affordable 

Housing Act; or 

(E) housing or vacant land that is subject to a use 

agreement; 

(3) the term ‘‘project-based assistance’’ means— 

(A) assistance provided under section 8(b) of the United 

States Housing Act of 1937; 

(B) assistance for housing constructed or substantially 

rehabilitated pursuant to assistance provided under section 

8(b)(2) of such Act (as such section existed immediately 

before October 1, 1983); 

(C) rent supplement payments under section 101 of 

the Housing and Urban Development Act of 1965; 

(D) interest reduction payments under section 236 and/ 

or additional assistance payments under section 236(f)(2) 

of the National Housing Act; and 

(E) assistance payments made under section 202(c)(2) 

of the Housing Act of 1959; 

(4) the term ‘‘receiving project or projects’’ means the multifamily housing project or projects to which some or all of 

the project-based assistance, debt, and statutorily required use 

low-income and very low-income restrictions are to be transferred; 

(5) the term ‘‘transferring project’’ means the multifamily 

housing project which is transferring some or all of the projectbased assistance, debt and the statutorily required low-income 

and very low-income use restrictions to the receiving project 

or projects; and 

(6) the term ‘‘Secretary’’ means the Secretary of Housing 

and Urban Development. 

SEC. 213. The funds made available for Native Alaskans under 

the heading ‘‘Native American Housing Block Grants’’ in title III 

of this Act shall be allocated to the same Native Alaskan housing 

block grant recipients that received funds in fiscal year 2005. 

Native Alaskans. 

Definitions. 

Determination. 


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123 STAT. 3100 PUBLIC LAW 111–117—DEC. 16, 2009 

SEC. 214. No funds provided under this title may be used 

for an audit of the Government National Mortgage Association 

that makes applicable requirements under the Federal Credit 

Reform Act of 1990 (2 U.S.C. 661 et seq.). 

SEC. 215. (a) No assistance shall be provided under section 

8 of the United States Housing Act of 1937 (42 U.S.C. 1437f) 

to any individual who— 

(1) is enrolled as a student at an institution of higher 

education (as defined under section 102 of the Higher Education 

Act of 1965 (20 U.S.C. 1002)); 

(2) is under 24 years of age; 

(3) is not a veteran; 

(4) is unmarried; 

(5) does not have a dependent child; 

(6) is not a person with disabilities, as such term is defined 

in section 3(b)(3)(E) of the United States Housing Act of 1937 

(42 U.S.C. 1437a(b)(3)(E)) and was not receiving assistance 

under such section 8 as of November 30, 2005; and 

(7) is not otherwise individually eligible, or has parents 

who, individually or jointly, are not eligible, to receive assistance under section 8 of the United States Housing Act of 

1937 (42 U.S.C. 1437f). 

(b) For purposes of determining the eligibility of a person 

to receive assistance under section 8 of the United States Housing 

Act of 1937 (42 U.S.C. 1437f), any financial assistance (in excess 

of amounts received for tuition) that an individual receives under 

the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.), from 

private sources, or an institution of higher education (as defined 

under the Higher Education Act of 1965 (20 U.S.C. 1002)), shall 

be considered income to that individual, except for a person over 

the age of 23 with dependent children. 

SEC. 216. Notwithstanding the limitation in the first sentence 

of section 255(g) of the National Housing Act (12 U.S.C. 1715z– 

g)), the Secretary of Housing and Urban Development may, until 

September 30, 2010, insure and enter into commitments to insure 

mortgages under section 255(g) of the National Housing Act (12 

U.S.C. 1715z–20). 

SEC. 217. Notwithstanding any other provision of law, in fiscal 

year 2010, in managing and disposing of any multifamily property 

that is owned or has a mortgage held by the Secretary of Housing 

and Urban Development, the Secretary shall maintain any rental 

assistance payments under section 8 of the United States Housing 

Act of 1937 and other programs that are attached to any dwelling 

units in the property. To the extent the Secretary determines, 

in consultation with the tenants and the local government, that 

such a multifamily property owned or held by the Secretary is 

not feasible for continued rental assistance payments under such 

section 8 or other programs, based on consideration of (1) the 

costs of rehabilitating and operating the property and all available 

Federal, State, and local resources, including rent adjustments 

under section 524 of the Multifamily Assisted Housing Reform 

and Affordability Act of 1997 (‘‘MAHRAA’’) and (2) environmental 

conditions that cannot be remedied in a cost-effective fashion, the 

Secretary may, in consultation with the tenants of that property, 

contract for project-based rental assistance payments with an owner 

or owners of other existing housing properties, or provide other 

rental assistance. The Secretary shall also take appropriate steps 

Determination. 

Contracts. 

Audits. 


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PUBLIC LAW 111–117—DEC. 16, 2009 123 STAT. 3101 

to ensure that project-based contracts remain in effect prior to 

foreclosure, subject to the exercise of contractual abatement remedies to assist relocation of tenants for imminent major threats 

to health and safety. After disposition of any multifamily property 

described under this section, the contract and allowable rent levels 

on such properties shall be subject to the requirements under 

section 524 of MAHRAA. 

SEC. 218. During fiscal year 2010, in the provision of rental 

assistance under section 8(o) of the United States Housing Act 

of 1937 (42 U.S.C. 1437f(o)) in connection with a program to demonstrate the economy and effectiveness of providing such assistance 

for use in assisted living facilities that is carried out in the counties 

of the State of Michigan notwithstanding paragraphs (3) and 

(18)(B)(iii) of such section 8(o), a family residing in an assisted 

living facility in any such county, on behalf of which a public 

housing agency provides assistance pursuant to section 8(o)(18) 

of such Act, may be required, at the time the family initially 

receives such assistance, to pay rent in an amount exceeding 40 

percent of the monthly adjusted income of the family by such 

a percentage or amount as the Secretary of Housing and Urban 

Development determines to be appropriate. 

SEC. 219. The Secretary of Housing and Urban Development 

shall report quarterly to the House of Representatives and Senate 

Committees on Appropriations on HUD’s use of all sole source 

contracts, including terms of the contracts, cost, and a substantive 

rationale for using a sole source contract. 

SEC. 220. Notwithstanding any other provision of law, the 

recipient of a grant under section 202b of the Housing Act of 

1959 (12 U.S.C. 1701q) after December 26, 2000, in accordance 

with the unnumbered paragraph at the end of section 202(b) of 

such Act, may, at its option, establish a single-asset nonprofit 

entity to own the project and may lend the grant funds to such 

entity, which may be a private nonprofit organization described 

in section 831 of the American Homeownership and Economic 

Opportunity Act of 2000. 

SEC. 221. (a) The amounts provided under the subheading 

‘‘Program Account’’ under the heading ‘‘Community Development 

Loan Guarantees’’ may be used to guarantee, or make commitments 

to guarantee, notes, or other obligations issued by any State on 

behalf of non-entitlement communities in the State in accordance 

with the requirements of section 108 of the Housing and Community 

Development Act of 1974: Provided, That, any State receiving such 

a guarantee or commitment shall distribute all funds subject to 

such guarantee to the units of general local government in nonentitlement areas that received the commitment. 

(b) Not later than 60 days after the date of enactment of 

this Act, the Secretary of Housing and Urban Development shall 

promulgate regulations governing the administration of the funds 

described under subsection (a). 

SEC. 222. Section 24 of the United States Housing Act of 

1937 (42 U.S.C. 1437v) is amended— 

(1) in subsection (m)(1), by striking ‘‘fiscal year’’ and all 

that follows through the period at the end and inserting ‘‘fiscal 

year 2010.’’; and 

(2) in subsection (o), by striking ‘‘September’’ and all that 

follows through the period at the end and inserting ‘‘September 

30, 2010.’’. 

Deadline. 

Regulations. 

Reports. 

Deadlines. 

Contracts. 

Michigan. 

Contracts. 

Determination. 


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123 STAT. 3102 PUBLIC LAW 111–117—DEC. 16, 2009 

SEC. 223. Public housing agencies that own and operate 400 

or fewer public housing units may elect to be exempt from any 

asset management requirement imposed by the Secretary of 

Housing and Urban Development in connection with the operating 

fund rule: Provided, That an agency seeking a discontinuance of 

a reduction of subsidy under the operating fund formula shall 

not be exempt from asset management requirements. 

SEC. 224. With respect to the use of amounts provided in 

this Act and in future Acts for the operation, capital improvement 

and management of public housing as authorized by sections 9(d) 

and 9(e) of the United States Housing Act of 1937 (42 U.S.C. 

1437g(d) and (e)), the Secretary shall not impose any requirement 

or guideline relating to asset management that restricts or limits 

in any way the use of capital funds for central office costs pursuant 

to section 9(g)(1) or 9(g)(2) of the United States Housing Act of 

1937 (42 U.S.C. 1437g(g)(1), (2)): Provided, That a public housing 

agency may not use capital funds authorized under section 9(d) 

for activities that are eligible under section 9(e) for assistance 

with amounts from the operating fund in excess of the amounts 

permitted under section 9(g)(1) or 9(g)(2). 

SEC. 225. No official or employee of the Department of Housing 

and Urban Development shall be designated as an allotment holder 

unless the Office of the Chief Financial Officer has determined 

that such allotment holder has implemented an adequate system 

of funds control and has received training in funds control procedures and directives. The Chief Financial Officer shall ensure that, 

not later than 90 days after the date of enactment of this Act, 

a trained allotment holder shall be designated for each HUD subaccount under the headings ‘‘Executive Direction’’ and heading 

‘‘Administration, Operations, and Management’’ as well as each 

account receiving appropriations for ‘‘personnel compensation and 

benefits’’ within the Department of Housing and Urban Development. 

SEC. 226. The Secretary of Housing and Urban Development 

shall report quarterly to the House of Representatives and Senate 

Committees on Appropriations on the status of all section 8 projectbased housing, including the number of all project-based units 

by region as well as an analysis of all federally subsidized housing 

being refinanced under the Mark-to-Market program. The Secretary 

shall in the report identify all existing units maintained by region 

as section 8 project-based units and all project-based units that 

have opted out of section 8 or have otherwise been eliminated 

as section 8 project-based units. The Secretary shall identify in 

detail and by project all the efforts made by the Department to 

preserve all section 8 project-based housing units and all the reasons 

for any units which opted out or otherwise were lost as section 

8 project-based units. Such analysis shall include a review of the 

impact of the loss of any subsidized units in that housing marketplace, such as the impact of cost and the loss of available subsidized, 

low-income housing in areas with scarce housing resources for lowincome families. 

SEC. 227. Payment of attorney fees in program-related litigation 

must be paid from individual program office personnel benefits 

and compensation funding. The annual budget submission for program office personnel benefit and compensation funding must 

include program-related litigation costs for attorney fees as a separate line item request. 

Reports. 

Deadlines. 

Deadline. 

Designation. 

Allotment holder. 

Determination. 

42 USC 1437g 

note. 

Exemption. 


ccoleman on DSK8P6SHH1 with PUBLIC LAWS
PUBLIC LAW 111–117—DEC. 16, 2009 123 STAT. 3103 

SEC. 228. The Secretary of the Department of Housing and 

Urban Development shall for Fiscal Year 2010 and subsequent 

fiscal years, notify the public through the Federal Register and 

other means, as determined appropriate, of the issuance of a notice 

of the availability of assistance or notice of funding availability 

(NOFA) for any program or discretionary fund administered by 

the Secretary that is to be competitively awarded. Notwithstanding 

any other provision of law, for Fiscal Year 2010 and subsequent 

fiscal years, the Secretary may make the NOFA available only 

on the Internet at the appropriate government website or websites 

or through other electronic media, as determined by the Secretary. 

SEC. 229. (a) APPROVAL OF PREPAYMENT OF DEBT.—Upon 

request of the project sponsor of a project assisted with a loan 

under section 202 of the Housing Act of 1959 (as in effect before 

the enactment of the Cranston-Gonzalez National Affordable 

Housing Act), for which the Secretary’s consent to prepayment 

is required, the Secretary shall approve the prepayment of any 

indebtedness to the Secretary relating to any remaining principal 

and interest under the loan as part of a prepayment plan under 

which— 

(1) the project sponsor agrees to operate the project until 

the maturity date of the original loan under terms at least 

as advantageous to existing and future tenants as the terms 

required by the original loan agreement or any project-based 

rental assistance payments contract under section 8 of the 

United States Housing Act of 1937 (or any other project-based 

rental housing assistance programs of the Department of 

Housing and Urban Development, including the rent supplement program under section 101 of the Housing and Urban 

Development Act of 1965 (12 U.S.C. 1701s)) or any successor 

project-based rental assistance program, except as provided 

by subsection (a)(2)(B); and 

(2) the prepayment may involve refinancing of the loan 

if such refinancing results— 

(A) in a lower interest rate on the principal of the 

loan for the project and in reductions in debt service related 

to such loan; or 

(B) in the case of a project that is assisted with a 

loan under such section 202 carrying an interest rate of 

6 percent or lower, a transaction under which— 

(i) the project owner shall address the physical 

needs of the project; 

(ii) the prepayment plan for the transaction, 

including the refinancing, shall meet a cost benefit 

analysis, as established by the Secretary, that the benefit of the transaction outweighs the cost of the transaction including any increases in rent charged to 

unassisted tenants; 

(iii) the overall cost for providing rental assistance 

under section 8 for the project (if any) is not increased, 

except, upon approval by the Secretary to— 

(I) mark-up-to-market contracts pursuant to 

section 524(a)(3) of the Multifamily Assisted 

Housing Reform and Affordability Act (42 U.S.C. 

1437f note), as such section is carried out by the 

Secretary for properties owned by nonprofit 

organizations; or 

Cost estimate. 

Web posting. 

Notification. 

Federal Register, 

publication. 

42 USC 3545a. 


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123 STAT. 3104 PUBLIC LAW 111–117—DEC. 16, 2009 

(II) mark-up-to-budget contracts pursuant to 

section 524(a)(4) of the Multifamily Assisted 

Housing Reform and Affordability Act (42 U.S.C. 

1437f note), as such section is carried out by the 

Secretary for properties owned by eligible owners 

(as such term is defined in section 202(k) of the 

Housing Act of 1959 (12 U.S.C. 1701q(k)); 

(iv) the project owner may charge tenants rent 

sufficient to meet debt service payments and operating 

cost requirements, as approved by the Secretary, if 

project-based rental assistance is not available or is 

insufficient for the debt service and operating cost 

of the project after refinancing. Such approval by the 

Secretary— 

(I) shall be the basis for the owner to agree 

to terminate the project-based rental assistance 

contract that is insufficient for the debt service 

and operating cost of the project after refinancing; 

and 

(II) shall be an eligibility event for the project 

for purposes of section 8(t) of the United States 

Housing Act of 1937 (42 U.S.C. 1437f(t)); 

(v) units to be occupied by tenants assisted under 

section 8(t) of the United States Housing Act of 1937 

(42 U.S.C. 1437f(t)) shall, upon termination of the occupancy of such tenants, become eligible for project-based 

assistance under section 8(o)(13) of the United States 

Housing Act of 1937 (42 U.S.C. 1437f(o)(13)) without 

regard to the percentage limitations provided in such 

section; and 

(vi) there shall be a use agreement of 20 years 

from the date of the maturity date of the original 

202 loan for all units, including units to be occupied 

by tenants assisted under section 8(t) of the United 

States Housing Act of 1937 (42 U.S.C. 1437f(t)). 

SEC. 230. No property identified by the Secretary of Housing 

and Urban Development as surplus Federal property for use to 

assist the homeless shall be made available to any homeless group 

unless the group is a member in good standing under any of 

HUD’s homeless assistance programs or is in good standing with 

any other program which receives funds from any other Federal 

or State agency or entity: Provided, That an exception may be 

made for an entity not involved with Federal homeless programs 

to use surplus Federal property for the homeless only after the 

Secretary or another responsible Federal agency has fully and comprehensively reviewed all relevant finances of the entity, the track 

record of the entity in assisting the homeless, the ability of the 

entity to manage the property, including all costs, the ability of 

the entity to administer homeless programs in a manner that 

is effective to meet the needs of the homeless population that 

is expected to use the property and any other related issues that 

demonstrate a commitment to assist the homeless: Provided further, 

That the Secretary shall not require the entity to have cash in 

hand in order to demonstrate financial ability but may rely on 

the entity’s prior demonstrated fundraising ability or commitments 

for in-kind donations of goods and services: Provided further, That 

the Secretary shall make all such information and its decision 

Homeless. 

Contracts. 

Time period. 


ccoleman on DSK8P6SHH1 with PUBLIC LAWS
PUBLIC LAW 111–117—DEC. 16, 2009 123 STAT. 3105 

regarding the award of the surplus property available to the committees of jurisdiction, including a full justification of the appropriateness of the use of the property to assist the homeless as well 

as the appropriateness of the group seeking to obtain the property 

to use such property to assist the homeless: Provided further, That, 

this section shall apply to properties in fiscal years 2009 and 

2010 made available as surplus Federal property for use to assist 

the homeless. 

SEC. 231. The Secretary of the Department of Housing and 

Urban Development is authorized to transfer up to 5 percent of 

funds appropriated for any account under this title under the 

heading ‘‘Personnel Compensation and Benefits’’ to any other 

account under this title under the heading ‘‘Personnel Compensation 

and Benefits’’ only after such transfer has been submitted to, and 

received prior written approval by, the House and Senate Committees on Appropriations: Provided, That, no appropriation for any 

such account shall be increased or decreased by more than 10 

percent by all such transfers. 

SEC. 232. The Secretary of Housing and Urban Development 

may increase, pursuant to this section, the number of Movingto-Work agencies authorized under section 204, title II, of the 

Departments of Veterans Affairs and Housing and Urban Development and Independent Agencies Appropriations Act, 1996 (Public 

Law 104–134; 110 Stat. 1321) by adding to the program three 

Public Housing Agencies that meet the following requirements: 

is a High Performing Agency under the Public Housing Assessment 

System (PHAS). No PHA shall be granted this designation through 

this section that administers in excess of 5,000 aggregate housing 

vouchers and public housing units. No PHA granted this designation 

through this section shall receive more funding under sections 

8 or 9 of the United States Housing Act of 1937 than they otherwise 

would have received absent this designation. In addition to other 

reporting requirements, all Moving-to-Work agencies shall report 

financial data to the Department of Housing and Urban Development as specified by the Secretary, so that the effect of Movingto-Work policy changes can be measured. 

SEC. 233. Notwithstanding any other provision of law, in determining the market value of any multifamily real property or multifamily loan for any noncompetitive sale to a State or local government, the Secretary shall in fiscal year 2010 consider, but not 

be limited to, industry standard appraisal practices, including the 

cost of repairs needed to bring the property into such condition 

as to satisfy minimum State and local code standards and the 

cost of maintaining the affordability restrictions imposed by the 

Secretary on the multifamily real property or multifamily loan. 

SEC. 234. The Disaster Housing Assistance Programs, administered by the Department of Housing and Urban Development, shall 

be considered a ‘‘program of the Department of Housing and Urban 

Development’’ under section 904 of the McKinney Act for the purpose of income verifications and matching. 

SEC. 235. (a) IN GENERAL.—The Secretary of Housing and 

Urban Development shall prepare a report, and post such report 

on the public website of the Department of Housing and Urban 

Development (in this section referred to as the ‘‘Department’’), 

regarding the number of homes owned by the Department and 

the budget impact of acquiring, maintaining, and selling such 

homes. 

Reports. 

Web posting. 

Reports. 

Requirements. 

Transfer 

authority. 

Submission. 

Applicability. 


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123 STAT. 3106 PUBLIC LAW 111–117—DEC. 16, 2009 

(b) CONTENT.—The report required by this section shall 

include— 

(1) the number of residential homes that the Department 

owned during the years 2004 through 2009; 

(2) an itemized breakdown of the total annual financial 

impact, including losses and gains from selling homes and 

maintenance and acquisition of homes, of home ownership by 

the Department since 2004; 

(3) a detailed explanation of the reasons for the ownership 

by the Department of the homes; 

(4) a list of the 10 urban areas in which the Department 

owns the most homes and the rate of homelessness in each 

of those areas; and 

(5) a list of the 10 States in which the Department owns 

the most homes and the rate of homelessness in each of those 

States. 

SEC. 236. The matter under the heading ‘‘Community Development Fund’’, under the heading ‘‘Community Planning and Development’’, under the heading ‘‘Department of Housing and Urban 

Development’’ in chapter 10 of title I of division B of the Consolidated Security, Disaster Assistance, and Continuing Appropriations 

Act, 2009 (Public Law 110–329; 122 Stat. 3601) is amended by 

striking ‘‘: Provided further, That none of the funds provided under 

this heading may be used by a State or locality as a matching 

requirement, share, or contribution for any other Federal program’’. 

This title may be cited as the ‘‘Department of Housing and 

Urban Development Appropriations Act, 2010’’. 

TITLE III 

RELATED AGENCIES 

ACCESS BOARD

SALARIES AND EXPENSES

For expenses necessary for the Access Board, as authorized 

by section 502 of the Rehabilitation Act of 1973, as amended, 

$7,300,000: Provided, That, notwithstanding any other provision 

of law, there may be credited to this appropriation funds received 

for publications and training expenses. 

FEDERAL MARITIME COMMISSION

SALARIES AND EXPENSES

For necessary expenses of the Federal Maritime Commission 

as authorized by section 201(d) of the Merchant Marine Act, 1936, 

as amended (46 U.S.C. App. 1111), including services as authorized 

by 5 U.S.C. 3109; hire of passenger motor vehicles as authorized 

by 31 U.S.C. 1343(b); and uniforms or allowances therefore, as 

authorized by 5 U.S.C. 5901–5902, $24,135,000: Provided, That 

not to exceed $2,000 shall be available for official reception and 

representation expenses. 


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PUBLIC LAW 111–117—DEC. 16, 2009 123 STAT. 3107 

NATIONAL RAILROAD PASSENGER CORPORATION

OFFICE OF INSPECTOR GENERAL

SALARIES AND EXPENSES

For necessary expenses of the Office of Inspector General for 

the National Railroad Passenger Corporation to carry out the provisions of the Inspector General Act of 1978, as amended, $19,000,000: 

Provided, That the Inspector General shall have all necessary 

authority, in carrying out the duties specified in the Inspector 

General Act, as amended (5 U.S.C. App. 3), to investigate allegations 

of fraud, including false statements to the government (18 U.S.C. 

1001), by any person or entity that is subject to regulation by 

the National Railroad Passenger Corporation: Provided further, That the Inspector General may enter into contracts and other 

arrangements for audits, studies, analyses, and other services with 

public agencies and with private persons, subject to the applicable 

laws and regulations that govern the obtaining of such services 

within the National Railroad Passenger Corporation: Provided further, That the Inspector General may select, appoint, and employ 

such officers and employees as may be necessary for carrying out 

the functions, powers, and duties of the Office of Inspector General, 

subject to the applicable laws and regulations that govern such 

selections, appointments, and employment within Amtrak: Provided 

further, That concurrent with the President’s budget request for 

fiscal year 2011, the Inspector General shall submit to the House 

and Senate Committees on Appropriations a budget request for 

fiscal year 2011 in similar format and substance to those submitted 

by executive agencies of the Federal Government. 

NATIONAL TRANSPORTATION SAFETY BOARD

SALARIES AND EXPENSES

For necessary expenses of the National Transportation Safety 

Board, including hire of passenger motor vehicles and aircraft; 

services as authorized by 5 U.S.C. 3109, but at rates for individuals 

not to exceed the per diem rate equivalent to the rate for a GS– 

15; uniforms, or allowances therefor, as authorized by law (5 U.S.C. 

5901–5902) $98,050,000, of which not to exceed $2,000 may be 

used for official reception and representation expenses: Provided, That of the funds provided under this heading, $2,416,000 shall 

remain available through September 30, 2011: Provided further, That of the funds provided, up to $100,000 shall be provided through 

reimbursement to the Department of Transportation’s Office of 

Inspector General to audit the National Transportation Safety 

Board’s financial statements. The amounts made available to the 

National Transportation Safety Board in this Act include amounts 

necessary to make lease payments on an obligation incurred in 

fiscal year 2001 for a capital lease. 

NEIGHBORHOOD REINVESTMENT CORPORATION

PAYMENT TO THE NEIGHBORHOOD REINVESTMENT CORPORATION

For payment to the Neighborhood Reinvestment Corporation 

for use in neighborhood reinvestment activities, as authorized by 

Audits. 

Budget requests. 


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123 STAT. 3108 PUBLIC LAW 111–117—DEC. 16, 2009 

the Neighborhood Reinvestment Corporation Act (42 U.S.C. 8101– 

8107), $133,000,000, of which $5,000,000 shall be for a multi-family 

rental housing program: Provided, That section 605(a) of the 

Neighborhood Reinvestment Corporation Act (42 U.S.C. 8104) is 

amended by adding at the end of the first sentence, prior to the 

period, ‘‘, except that the board-appointed officers may be paid 

salary at a rate not to exceed level II of the Executive Schedule’’: 

Provided further, That in addition, $35,000,000 shall be made available until expended for capital grants to rehabilitate or finance 

the rehabilitation of affordable housing units, including necessary 

administrative expenses: Provided further, That in addition, 

$65,000,000 shall be made available until expended to the Neighborhood Reinvestment Corporation for mortgage foreclosure mitigation 

activities, under the following terms and conditions: 

(1) The Neighborhood Reinvestment Corporation (‘‘NRC’’), 

shall make grants to counseling intermediaries approved by 

the Department of Housing and Urban Development (HUD) 

(with match to be determined by the NRC based on affordability 

and the economic conditions of an area; a match also may 

be waived by the NRC based on the aforementioned conditions) 

to provide mortgage foreclosure mitigation assistance primarily 

to States and areas with high rates of defaults and foreclosures 

to help eliminate the default and foreclosure of mortgages of 

owner-occupied single-family homes that are at risk of such 

foreclosure. Other than areas with high rates of defaults and 

foreclosures, grants may also be provided to approved counseling intermediaries based on a geographic analysis of the 

Nation by the NRC which determines where there is a prevalence of mortgages that are risky and likely to fail, including 

any trends for mortgages that are likely to default and face 

foreclosure. A State Housing Finance Agency may also be 

eligible where the State Housing Finance Agency meets all 

the requirements under this paragraph. A HUD-approved counseling intermediary shall meet certain mortgage foreclosure 

mitigation assistance counseling requirements, as determined 

by the NRC, and shall be approved by HUD or the NRC 

as meeting these requirements. 

(2) Mortgage foreclosure mitigation assistance shall only 

be made available to homeowners of owner-occupied homes 

with mortgages in default or in danger of default. These mortgages shall likely be subject to a foreclosure action and homeowners will be provided such assistance that shall consist of 

activities that are likely to prevent foreclosures and result 

in the long-term affordability of the mortgage retained pursuant 

to such activity or another positive outcome for the homeowner. 

No funds made available under this paragraph may be provided 

directly to lenders or homeowners to discharge outstanding 

mortgage balances or for any other direct debt reduction payments. 

(3) The use of Mortgage Foreclosure Mitigation Assistance 

by approved counseling intermediaries and State Housing 

Finance Agencies shall involve a reasonable analysis of the 

borrower’s financial situation, an evaluation of the current 

value of the property that is subject to the mortgage, counseling 

regarding the assumption of the mortgage by another nonFederal party, counseling regarding the possible purchase of 

the mortgage by a non-Federal third party, counseling and 

Requirements. 

Grants. 

Waiver authority. 

Foreclosures. 

42 USC 8104. 


ccoleman on DSK8P6SHH1 with PUBLIC LAWS
PUBLIC LAW 111–117—DEC. 16, 2009 123 STAT. 3109 

advice of all likely restructuring and refinancing strategies 

or the approval of a work-out strategy by all interested parties. 

(4) NRC may provide up to 15 percent of the total funds 

under this paragraph to its own charter members with expertise 

in foreclosure prevention counseling, subject to a certification 

by the NRC that the procedures for selection do not consist 

of any procedures or activities that could be construed as an 

unacceptable conflict of interest or have the appearance of 

impropriety. 

(5) HUD-approved counseling entities and State Housing 

Finance Agencies receiving funds under this paragraph shall 

have demonstrated experience in successfully working with 

financial institutions as well as borrowers facing default, delinquency and foreclosure as well as documented counseling 

capacity, outreach capacity, past successful performance and 

positive outcomes with documented counseling plans (including 

post mortgage foreclosure mitigation counseling), loan workout 

agreements and loan modification agreements. NRC may use 

other criteria to demonstrate capacity in underserved areas. 

(6) Of the total amount made available under this paragraph, up to $3,000,000 may be made available to build the 

mortgage foreclosure and default mitigation counseling capacity 

of counseling intermediaries through NRC training courses with 

HUD-approved counseling intermediaries and their partners, 

except that private financial institutions that participate in 

NRC training shall pay market rates for such training. 

(7) Of the total amount made available under this paragraph, up to 4 percent may be used for associated administrative expenses for the NRC to carry out activities provided 

under this section. 

(8) Mortgage foreclosure mitigation assistance grants may 

include a budget for outreach and advertising, and training, 

as determined by the NRC. 

(9) The NRC shall continue to report bi-annually to the 

House and Senate Committees on Appropriations as well as 

the Senate Banking Committee and House Financial Services 

Committee on its efforts to mitigate mortgage default. 

UNITED STATES INTERAGENCY COUNCIL ON HOMELESSNESS

OPERATING EXPENSES

For necessary expenses (including payment of salaries, authorized travel, hire of passenger motor vehicles, the rental of conference 

rooms, and the employment of experts and consultants under section 

3109 of title 5, United States Code) of the United States Interagency 

Council on Homelessness in carrying out the functions pursuant 

to title II of the McKinney-Vento Homeless Assistance Act, as 

amended, $2,450,000. 

TITLE IV 

GENERAL PROVISIONS—THIS ACT 

SEC. 401. Such sums as may be necessary for fiscal year 2010 

pay raises for programs funded in this Act shall be absorbed within 

the levels appropriated in this Act or previous appropriations Acts. 

Reports. 

Deadline. 

Certification. 


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123 STAT. 3110 PUBLIC LAW 111–117—DEC. 16, 2009 

SEC. 402. None of the funds in this Act shall be used for 

the planning or execution of any program to pay the expenses 

of, or otherwise compensate, non-Federal parties intervening in 

regulatory or adjudicatory proceedings funded in this Act. 

SEC. 403. None of the funds appropriated in this Act shall 

remain available for obligation beyond the current fiscal year, nor 

may any be transferred to other appropriations, unless expressly 

so provided herein. 

SEC. 404. The expenditure of any appropriation under this 

Act for any consulting service through procurement contract pursuant to section 3109 of title 5, United States Code, shall be limited 

to those contracts where such expenditures are a matter of public 

record and available for public inspection, except where otherwise 

provided under existing law, or under existing Executive order 

issued pursuant to existing law. 

SEC. 405. Except as otherwise provided in this Act, none of 

the funds provided in this Act, provided by previous appropriations 

Acts to the agencies or entities funded in this Act that remain 

available for obligation or expenditure in fiscal year 2010, or provided from any accounts in the Treasury derived by the collection 

of fees and available to the agencies funded by this Act, shall 

be available for obligation or expenditure through a reprogramming 

of funds that: (1) creates a new program; (2) eliminates a program, 

project, or activity; (3) increases funds or personnel for any program, 

project, or activity for which funds have been denied or restricted 

by the Congress; (4) proposes to use funds directed for a specific 

activity by either the House or Senate Committees on Appropriations for a different purpose; (5) augments existing programs, 

projects, or activities in excess of $5,000,000 or 10 percent, whichever is less; (6) reduces existing programs, projects, or activities 

by $5,000,000 or 10 percent, whichever is less; or (7) creates, reorganizes, or restructures a branch, division, office, bureau, board, 

commission, agency, administration, or department different from 

the budget justifications submitted to the Committees on Appropriations or the table accompanying the explanatory statement accompanying this Act, whichever is more detailed, unless prior approval 

is received from the House and Senate Committees on Appropriations: Provided, That not later than 60 days after the date of 

enactment of this Act, each agency funded by this Act shall submit 

a report to the Committees on Appropriations of the Senate and 

of the House of Representatives to establish the baseline for application of reprogramming and transfer authorities for the current 

fiscal year: Provided further, That the report shall include: (1) 

a table for each appropriation with a separate column to display 

the President’s budget request, adjustments made by Congress, 

adjustments due to enacted rescissions, if appropriate, and the 

fiscal year enacted level; (2) a delineation in the table for each 

appropriation both by object class and program, project, and activity 

as detailed in the budget appendix for the respective appropriation; 

and (3) an identification of items of special congressional interest: 

Provided further, That the amount appropriated or limited for salaries and expenses for an agency shall be reduced by $100,000 

per day for each day after the required date that the report has 

not been submitted to the Congress. 

SEC. 406. Except as otherwise specifically provided by law, 

not to exceed 50 percent of unobligated balances remaining available 

at the end of fiscal year 2010 from appropriations made available 

Fines. 

Deadline. 

Reports. 

Contracts. 


ccoleman on DSK8P6SHH1 with PUBLIC LAWS
PUBLIC LAW 111–117—DEC. 16, 2009 123 STAT. 3111 

for salaries and expenses for fiscal year 2010 in this Act, shall 

remain available through September 30, 2011, for each such account 

for the purposes authorized: Provided, That a request shall be 

submitted to the House and Senate Committees on Appropriations 

for approval prior to the expenditure of such funds: Provided further, 

That these requests shall be made in compliance with reprogramming guidelines under section 405 of this Act. 

SEC. 407. All Federal agencies and departments that are funded 

under this Act shall issue a report to the House and Senate Committees on Appropriations on all sole source contracts by no later 

than July 30, 2010. Such report shall include the contractor, the 

amount of the contract and the rationale for using a sole source 

contract. 

SEC. 408. (a) None of the funds made available in this Act 

may be obligated or expended for any employee training that— 

(1) does not meet identified needs for knowledge, skills, 

and abilities bearing directly upon the performance of official 

duties; 

(2) contains elements likely to induce high levels of emotional response or psychological stress in some participants; 

(3) does not require prior employee notification of the content and methods to be used in the training and written end 

of course evaluation; 

(4) contains any methods or content associated with religious or quasi-religious belief systems or ‘‘new age’’ belief systems as defined in Equal Employment Opportunity Commission 

Notice N–915.022, dated September 2, 1988; or 

(5) is offensive to, or designed to change, participants’ 

personal values or lifestyle outside the workplace. 

(b) Nothing in this section shall prohibit, restrict, or otherwise 

preclude an agency from conducting training bearing directly upon 

the performance of official duties. 

SEC. 409. No funds in this Act may be used to support any 

Federal, State, or local projects that seek to use the power of 

eminent domain, unless eminent domain is employed only for a 

public use: Provided, That for purposes of this section, public use 

shall not be construed to include economic development that primarily benefits private entities: Provided further, That any use 

of funds for mass transit, railroad, airport, seaport or highway 

projects as well as utility projects which benefit or serve the general 

public (including energy-related, communication-related, waterrelated and wastewater-related infrastructure), other structures 

designated for use by the general public or which have other 

common-carrier or public-utility functions that serve the general 

public and are subject to regulation and oversight by the government, and projects for the removal of an immediate threat to 

public health and safety or brownsfield as defined in the Small 

Business Liability Relief and Brownsfield Revitalization Act (Public 

Law 107–118) shall be considered a public use for purposes of 

eminent domain. 

SEC. 410. None of the funds made available in this Act may 

be transferred to any department, agency, or instrumentality of 

the United States Government, except pursuant to a transfer made 

by, or transfer authority provided in, this Act or any other appropriations Act. 

SEC. 411. No part of any appropriation contained in this Act 

shall be available to pay the salary for any person filling a position, 

Employment. 

Deadline. 

Time period. 

Certification. 

Eminent domain. 

Reports. 

Deadline. 

Expenditure 

request. 


ccoleman on DSK8P6SHH1 with PUBLIC LAWS
123 STAT. 3112 PUBLIC LAW 111–117—DEC. 16, 2009 

other than a temporary position, formerly held by an employee 

who has left to enter the Armed Forces of the United States and 

has satisfactorily completed his period of active military or naval 

service, and has within 90 days after his release from such service 

or from hospitalization continuing after discharge for a period of 

not more than 1 year, made application for restoration to his former 

position and has been certified by the Office of Personnel Management as still qualified to perform the duties of his former position 

and has not been restored thereto. 

SEC. 412. No funds appropriated pursuant to this Act may 

be expended in contravention of sections 2 through 4 of the Act 

of March 3, 1933 (41 U.S.C. 10a–10c, popularly known as the 

‘‘Buy American Act’’). 

SEC. 413. No funds appropriated or otherwise made available 

under this Act shall be made available to any person or entity 

that has been found to violate the Buy American Act (41 U.S.C. 

10a–10c). 

SEC. 414. None of the funds made available in this Act may 

be used for first-class airline accommodations in contravention of 

sections 301–10.122 and 301–10.123 of title 41, Code of Federal 

Regulations. 

SEC. 415. None of the funds made available in this Act may 

be used to purchase a light bulb for an office building unless 

the light bulb has, to the extent practicable, an Energy Star or 

Federal Energy Management Program designation. 

SEC. 416. (a) Any agency receiving funds made available in 

this Act, shall, subject to subsections (b) and (c), post on the public 

website of that agency any report required to be submitted by 

the Congress in this or any other Act, upon the determination 

by the head of the agency that it shall serve the national interest. 

(b) Subsection (a) shall not apply to a report if— 

(1) the public posting of the report compromises national 

security; or 

(2) the report contains proprietary information. 

(c) The head of the agency posting such report shall do so 

only after such report has been made available to the requesting 

Committee or Committees of Congress for no less than 45 days. 

SEC. 417. None of the funds made available in this Act may 

be used to establish, issue, implement, administer, or enforce any 

prohibition or restriction on the establishment or effectiveness of 

any occupancy preference for veterans in supportive housing for 

the elderly that: (1) is provided assistance by the Department 

of Housing and Urban Development; and (2)(A) is or would be 

located on property of the Department of Veterans Affairs; or (B) 

is subject to an enhanced use lease with the Department of Veterans 

Affairs. 

SEC. 418. None of the funds made available under this Act 

or any prior Act may be provided to the Association of Community 

Organizations for Reform Now (ACORN), or any of its affiliates, 

subsidiaries, or allied organizations. 

SEC. 419. Specific projects contained in the report of the Committee on Appropriations of the House of Representatives accompanying this Act (H. Rept. 111–218) that are considered congressional earmarks for purposes of clause 9 of rule XXI of the Rules 

of the House of Representatives, when intended to be awarded 

to a for-profit entity, shall be awarded under a full and open 

competition. 

Earmarks. 

ACORN. 

Time period. 

Web posting. 

Light bulbs. 


ccoleman on DSK8P6SHH1 with PUBLIC LAWS
PUBLIC LAW 111–117—DEC. 16, 2009 123 STAT. 3113 

This division may be cited as the ‘‘Transportation, Housing 

and Urban Development, and Related Agencies Appropriations Act, 

2010’’. 

DIVISION B—COMMERCE, JUSTICE, SCIENCE, AND 

RELATED AGENCIES APPROPRIATIONS ACT, 2010 

TITLE I 

DEPARTMENT OF COMMERCE 

INTERNATIONAL TRADE ADMINISTRATION

OPERATIONS AND ADMINISTRATION

For necessary expenses for international trade activities of 

the Department of Commerce provided for by law, and for engaging 

in trade promotional activities abroad, including expenses of grants 

and cooperative agreements for the purpose of promoting exports 

of United States firms, without regard to 44 U.S.C. 3702 and 

3703; full medical coverage for dependent members of immediate 

families of employees stationed overseas and employees temporarily 

posted overseas; travel and transportation of employees of the International Trade Administration between two points abroad, without 

regard to 49 U.S.C. 40118; employment of Americans and aliens 

by contract for services; rental of space abroad for periods not 

exceeding 10 years, and expenses of alteration, repair, or improvement; purchase or construction of temporary demountable exhibition 

structures for use abroad; payment of tort claims, in the manner 

authorized in the first paragraph of 28 U.S.C. 2672 when such 

claims arise in foreign countries; not to exceed $327,000 for official 

representation expenses abroad; purchase of passenger motor 

vehicles for official use abroad, not to exceed $45,000 per vehicle; 

obtaining insurance on official motor vehicles; and rental of tie 

lines, $456,204,000, to remain available until September 30, 2011, 

of which $9,439,000 is to be derived from fees to be retained 

and used by the International Trade Administration, notwithstanding 31 U.S.C. 3302: Provided, That not less than $49,530,000 

shall be for Manufacturing and Services; not less than $43,212,000 

shall be for Market Access and Compliance; not less than 

$68,290,000 shall be for the Import Administration; not less than 

$258,438,000 shall be for the Trade Promotion and United States 

and Foreign Commercial Service; and not less than $27,295,000 

shall be for Executive Direction and Administration: Provided further, That not less than $7,000,000 shall be for the Office of China 

Compliance, and not less than $4,400,000 shall be for the China 

Countervailing Duty Group: Provided further, That the provisions 

of the first sentence of section 105(f) and all of section 108(c) 

of the Mutual Educational and Cultural Exchange Act of 1961 

(22 U.S.C. 2455(f) and 2458(c)) shall apply in carrying out these 

activities without regard to section 5412 of the Omnibus Trade 

and Competitiveness Act of 1988 (15 U.S.C. 4912); and that for 

the purpose of this Act, contributions under the provisions of the 

Mutual Educational and Cultural Exchange Act of 1961 shall 

include payment for assessments for services provided as part of 

these activities: Provided further, That negotiations shall be conducted within the World Trade Organization to recognize the right 

Negotiations. 

Applicability. 

Department of 

Commerce 

Appropriations 

Act, 2010. 

Commerce, 

Justice, Science, 

and Related 

Agencies 

Appropriations 

Act, 2010. 


ccoleman on DSK8P6SHH1 with PUBLIC LAWS
123 STAT. 3114 PUBLIC LAW 111–117—DEC. 16, 2009 

of members to distribute monies collected from antidumping and 

countervailing duties: Provided further, That negotiations shall be 

conducted within the World Trade Organization consistent with 

the negotiating objectives contained in the Trade Act of 2002, Public 

Law 107–210: Provided further, That within the amounts appropriated, $5,215,000 shall be used for the projects, and in the 

amounts, specified in the explanatory statement accompanying this 

Act. 

BUREAU OF INDUSTRY AND SECURITY

OPERATIONS AND ADMINISTRATION

For necessary expenses for export administration and national 

security activities of the Department of Commerce, including costs 

associated with the performance of export administration field 

activities both domestically and abroad; full medical coverage for 

dependent members of immediate families of employees stationed 

overseas; employment of Americans and aliens by contract for services abroad; payment of tort claims, in the manner authorized 

in the first paragraph of 28 U.S.C. 2672 when such claims arise 

in foreign countries; not to exceed $15,000 for official representation 

expenses abroad; awards of compensation to informers under the 

Export Administration Act of 1979, and as authorized by 22 U.S.C. 

401(b); and purchase of passenger motor vehicles for official use 

and motor vehicles for law enforcement use with special requirement vehicles eligible for purchase without regard to any price 

limitation otherwise established by law, $100,342,000, to remain 

available until expended, of which $14,767,000 shall be for inspections and other activities related to national security: Provided, 

That the provisions of the first sentence of section 105(f) and all 

of section 108(c) of the Mutual Educational and Cultural Exchange 

Act of 1961 (22 U.S.C. 2455(f) and 2458(c)) shall apply in carrying 

out these activities: Provided further, That payments and contributions collected and accepted for materials or services provided as 

part of such activities may be retained for use in covering the 

cost of such activities, and for providing information to the public 

with respect to the export administration and national security 

activities of the Department of Commerce and other export control 

programs of the United States and other governments. 

ECONOMIC DEVELOPMENT ADMINISTRATION

ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS

For grants for economic development assistance as provided 

by the Public Works and Economic Development Act of 1965, and 

for trade adjustment assistance, $255,000,000, to remain available 

until expended. 

SALARIES AND EXPENSES

For necessary expenses of administering the economic development assistance programs as provided for by law, $38,000,000: 

Provided, That these funds may be used to monitor projects 

approved pursuant to title I of the Public Works Employment 

Act of 1976, title II of the Trade Act of 1974, and the Community 

Emergency Drought Relief Act of 1977. 

Applicability. 


ccoleman on DSK8P6SHH1 with PUBLIC LAWS
PUBLIC LAW 111–117—DEC. 16, 2009 123 STAT. 3115 

MINORITY BUSINESS DEVELOPMENT AGENCY

MINORITY BUSINESS DEVELOPMENT

For necessary expenses of the Department of Commerce in 

fostering, promoting, and developing minority business enterprise, 

including expenses of grants, contracts, and other agreements with 

public or private organizations, $31,500,000: Provided, That within 

the amounts appropriated, $1,100,000 shall be used for the projects, 

and in the amounts, specified in the explanatory statement accompanying this Act. 

ECONOMIC AND STATISTICAL ANALYSIS

SALARIES AND EXPENSES

For necessary expenses, as authorized by law, of economic 

and statistical analysis programs of the Department of Commerce, 

$97,255,000, to remain available until September 30, 2011. 

BUREAU OF THE CENSUS

SALARIES AND EXPENSES

For expenses necessary for collecting, compiling, analyzing, preparing, and publishing statistics, provided for by law, $259,024,000. 

PERIODIC CENSUSES AND PROGRAMS

For necessary expenses to collect and publish statistics for 

periodic censuses and programs provided for by law, $7,065,707,000, 

of which $100,000,000 shall be derived from available unobligated 

balances previously appropriated under this heading, to remain 

available until September 30, 2011: Provided, That none of the 

funds provided in this or any other Act for any fiscal year may 

be used for the collection of census data on race identification 

that does not include ‘‘some other race’’ as a category: Provided 

further, That from amounts provided herein, funds may be used 

for additional promotion, outreach, and marketing activities. 

NATIONAL TELECOMMUNICATIONS AND INFORMATION

ADMINISTRATION

SALARIES AND EXPENSES

For necessary expenses, as provided for by law, of the National 

Telecommunications and Information Administration (NTIA), 

$19,999,000, to remain available until September 30, 2011: Provided, That, notwithstanding 31 U.S.C. 1535(d), the Secretary of 

Commerce shall charge Federal agencies for costs incurred in spectrum management, analysis, operations, and related services, and 

such fees shall be retained and used as offsetting collections for 

costs of such spectrum services, to remain available until expended: 

Provided further, That the Secretary of Commerce is authorized 

to retain and use as offsetting collections all funds transferred, 

or previously transferred, from other Government agencies for all 

costs incurred in telecommunications research, engineering, and 

related activities by the Institute for Telecommunication Sciences 

Race 

identification. 

13 USC 5 note. 


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123 STAT. 3116 PUBLIC LAW 111–117—DEC. 16, 2009 

of NTIA, in furtherance of its assigned functions under this paragraph, and such funds received from other Government agencies 

shall remain available until expended. 

PUBLIC TELECOMMUNICATIONS FACILITIES, PLANNING AND

CONSTRUCTION

For the administration of grants, authorized by section 392 of the Communications Act of 1934, $20,000,000, to remain available 

until expended as authorized by section 391 of the Act: Provided, That not to exceed $2,000,000 shall be available for program 

administration as authorized by section 391 of the Act: Provided 

further, That, notwithstanding the provisions of section 391 of the 

Act, the prior year unobligated balances may be made available 

for grants for projects for which applications have been submitted 

and approved during any fiscal year. 

UNITED STATES PATENT AND TRADEMARK OFFICE

SALARIES AND EXPENSES

For necessary expenses of the United States Patent and Trademark Office (USPTO) provided for by law, including defense of 

suits instituted against the Under Secretary of Commerce for 

Intellectual Property and Director of the United States Patent 

and Trademark Office, $1,887,000,000, to remain available until 

expended: Provided, That the sum herein appropriated from the 

general fund shall be reduced as offsetting collections assessed 

and collected pursuant to 15 U.S.C. 1113 and 35 U.S.C. 41 and 

376 are received during fiscal year 2010, so as to result in a 

fiscal year 2010 appropriation from the general fund estimated 

at $0: Provided further, That during fiscal year 2010, should the total amount of offsetting fee collections be less than $1,887,000,000, 

this amount shall be reduced accordingly: Provided further, That 

from amounts provided herein, not to exceed $1,000 shall be made 

available in fiscal year 2010 for official reception and representation 

expenses: Provided further, That in fiscal year 2010 from the 

amounts made available for ‘‘Salaries and Expenses’’ for the USPTO, 

the amounts necessary to pay: (1) the difference between the 

percentage of basic pay contributed by the USPTO and employees 

under section 8334(a) of title 5, United States Code, and the normal 

cost percentage (as defined by section 8331(17) of that title) of 

basic pay, of employees subject to subchapter III of chapter 83 

of that title; and (2) the present value of the otherwise unfunded 

accruing costs, as determined by the Office of Personnel Management, of post-retirement life insurance and post-retirement health 

benefits coverage for all USPTO employees, shall be transferred 

to the Civil Service Retirement and Disability Fund, the Employees 

Life Insurance Fund, and the Employees Health Benefits Fund, 

as appropriate, and shall be available for the authorized purposes 

of those accounts: Provided further, That sections 801, 802, and 

803 of division B, Public Law 108–447 shall remain in effect during 

fiscal year 2010: Provided further, That the Director may, this 

year, reduce by regulation fees payable for documents in patent 

and trademark matters, in connection with the filing of documents 

filed electronically in a form prescribed by the Director: Provided 

further, That from the amounts provided herein, no less than 

$4,000,000 shall be available only for the USPTO contribution in 

Applicability. 

35 USC 41 note. 


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PUBLIC LAW 111–117—DEC. 16, 2009 123 STAT. 3117 

a cooperative or joint agreement or agreements with a non-profit 

organization or organizations, successfully audited within the previous year, and with previous experience in such programs, to 

conduct policy studies, including studies relating to activities of 

United Nations Specialized agencies and other international 

organizations, as well as conferences and other development programs, in support of fair international protection of intellectual 

property rights. 

NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY

SCIENTIFIC AND TECHNICAL RESEARCH AND SERVICES

For necessary expenses of the National Institute of Standards 

and Technology, $515,000,000, to remain available until expended, 

of which not to exceed $9,000,000 may be transferred to the 

‘‘Working Capital Fund’’: Provided, That not to exceed $10,000 

shall be for official reception and representation expenses: Provided 

further, That within the amounts appropriated, $10,500,000 shall 

be used for the projects, and in the amounts, specified in the 

explanatory statement accompanying this Act. 

INDUSTRIAL TECHNOLOGY SERVICES

For necessary expenses of the Hollings Manufacturing Extension Partnership of the National Institute of Standards and Technology, $124,700,000, to remain available until expended. In addition, for necessary expenses of the Technology Innovation Program 

of the National Institute of Standards and Technology, $69,900,000, 

to remain available until expended. 

CONSTRUCTION OF RESEARCH FACILITIES

For construction of new research facilities, including architectural and engineering design, and for renovation and maintenance 

of existing facilities, not otherwise provided for the National 

Institute of Standards and Technology, as authorized by 15 U.S.C. 

278c–278e, $147,000,000, to remain available until expended, of 

which $20,000,000 is for a competitive construction grant program 

for research science buildings: Provided, That within the amounts 

appropriated, $47,000,000 shall be used for the projects, and in 

the amounts, specified in the explanatory statement accompanying 

this Act: Provided further, That the Secretary of Commerce shall 

include in the budget justification materials that the Secretary 

submits to Congress in support of the Department of Commerce 

budget (as submitted with the budget of the President under section 

1105(a) of title 31, United States Code) an estimate for each 

National Institute of Standards and Technology construction project 

having a total multi-year program cost of more than $5,000,000 

and simultaneously the budget justification materials shall include 

an estimate of the budgetary requirements for each such project 

for each of the five subsequent fiscal years. 

Budget estimate. 

15 USC 1513b 

note. 


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NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION

OPERATIONS, RESEARCH, AND FACILITIES

(INCLUDING TRANSFERS OF FUNDS)

For necessary expenses of activities authorized by law for the 

National Oceanic and Atmospheric Administration, including 

maintenance, operation, and hire of aircraft and vessels; grants, 

contracts, or other payments to nonprofit organizations for the 

purposes of conducting activities pursuant to cooperative agreements; and relocation of facilities, $3,305,178,000, to remain available until September 30, 2011, except for funds provided for cooperative enforcement, which shall remain available until September 

30, 2012: Provided, That fees and donations received by the National 

Ocean Service for the management of national marine sanctuaries 

may be retained and used for the salaries and expenses associated 

with those activities, notwithstanding 31 U.S.C. 3302: Provided 

further, That in addition, $3,000,000 shall be derived by transfer 

from the fund entitled ‘‘Coastal Zone Management’’ and in addition 

$104,600,000 shall be derived by transfer from the fund entitled 

‘‘Promote and Develop Fishery Products and Research Pertaining 

to American Fisheries’’: Provided further, That of the $3,412,778,000 

provided for in direct obligations under this heading $3,305,178,000 

is appropriated from the general fund, and $107,600,000 is provided 

by transfer: Provided further, That the total amount available for 

the National Oceanic and Atmospheric Administration corporate 

services administrative support costs shall not exceed $235,549,000: 

Provided further, That payments of funds made available under 

this heading to the Department of Commerce Working Capital 

Fund including Department of Commerce General Counsel legal 

services shall not exceed $41,944,000: Provided further, That within 

the amounts appropriated, $99,295,000 shall be used for the 

projects, and in the amounts, specified in the explanatory statement 

accompanying this Act: Provided further, That any deviation from 

the amounts designated for specific activities in the explanatory 

statement accompanying this Act, or any use of deobligated balances 

of funds provided under this heading in previous years, shall be 

subject to the procedures set forth in section 505 of this Act: 

Provided further, That in allocating grants under sections 306 and 

306A of the Coastal Zone Management Act of 1972, as amended, 

no coastal State shall receive more than 5 percent or less than 

1 percent of increased funds appropriated over the previous fiscal 

year. 

In addition, for necessary retired pay expenses under the 

Retired Serviceman’s Family Protection and Survivor Benefits Plan, 

and for payments for the medical care of retired personnel and 

their dependents under the Dependents Medical Care Act (10 U.S.C. 

55), such sums as may be necessary. 

PROCUREMENT, ACQUISITION AND CONSTRUCTION

For procurement, acquisition and construction of capital assets, 

including alteration and modification costs, of the National Oceanic 

and Atmospheric Administration, $1,358,353,000, to remain available until September 30, 2012, except funds provided for construction of facilities which shall remain available until expended: Provided, That of the $1,360,353,000 provided for in direct obligations 

Grants. 


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PUBLIC LAW 111–117—DEC. 16, 2009 123 STAT. 3119 

under this heading, $1,358,353,000 is appropriated from the general 

fund and $2,000,000 is provided from recoveries of prior year obligations: Provided further, That except to the extent expressly prohibited by any other law, the Department of Defense may delegate 

procurement functions related to the National Polar-orbiting Operational Environmental Satellite System to officials of the Department of Commerce pursuant to section 2311 of title 10, United 

States Code: Provided further, That any deviation from the amounts 

designated for specific activities in the explanatory statement 

accompanying this Act, or any use of deobligated balances of funds 

provided under this heading in previous years, shall be subject 

to the procedures set forth in section 505 of this Act: Provided 

further, That the Secretary of Commerce shall include in budget 

justification materials that the Secretary submits to Congress in 

support of the Department of Commerce budget (as submitted with 

the budget of the President under section 1105(a) of title 31, United 

States Code) an estimate for each National Oceanic and 

Atmospheric Administration Procurement, Acquisition or Construction project having a total of more than $5,000,000 and simultaneously the budget justification shall include an estimate of the 

budgetary requirements for each such project for each of the five 

subsequent fiscal years: Provided further, That the Secretary of 

Commerce is authorized to enter into a lease, at no cost to the 

United States Government, with the Regents of the University 

of Alabama for a term of not less than 55 years, with two successive 

options each of 5 years, for land situated on the campus of University of Alabama in Tuscaloosa to house the Cooperative Institute 

and Research Center for Southeast Weather and Hydrology: Provided further, That within the amounts appropriated, $18,000,000 

shall be used for the projects, and in the amounts, specified in 

the explanatory statement accompanying this Act. 

PACIFIC COASTAL SALMON RECOVERY

For necessary expenses associated with the restoration of 

Pacific salmon populations, $80,000,000, to remain available until 

September 30, 2011: Provided, That of the funds provided herein 

the Secretary of Commerce may issue grants to the States of Washington, Oregon, Idaho, Nevada, California, and Alaska, and Federally-recognized tribes of the Columbia River and Pacific Coast for 

projects necessary for conservation of salmon and steelhead populations that are listed as threatened or endangered, or identified 

by a State as at-risk to be so-listed, for maintaining populations 

necessary for exercise of tribal treaty fishing rights or native 

subsistence fishing, or for conservation of Pacific coastal salmon 

and steelhead habitat, based on guidelines to be developed by 

the Secretary of Commerce: Provided further, That funds disbursed 

to States shall be subject to a matching requirement of funds 

or documented in-kind contributions of at least 33 percent of the 

Federal funds. 

COASTAL ZONE MANAGEMENT FUND

(INCLUDING TRANSFER OF FUNDS)

Of amounts collected pursuant to section 308 of the Coastal 

Zone Management Act of 1972 (16 U.S.C. 1456a), not to exceed 

Contracts. 

University of 

Alabama. 

Budget 

estimates. 


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123 STAT. 3120 PUBLIC LAW 111–117—DEC. 16, 2009 

$3,000,000 shall be transferred to the ‘‘Operations, Research, and 

Facilities’’ account to offset the costs of implementing such Act. 

FISHERIES FINANCE PROGRAM ACCOUNT

Subject to section 502 of the Congressional Budget Act of 1974, 

during fiscal year 2010, obligations of direct loans may not exceed 

$16,000,000 for Individual Fishing Quota loans and not to exceed 

$59,000,000 for traditional direct loans as authorized by the Merchant Marine Act of 1936: Provided, That none of the funds made 

available under this heading may be used for direct loans for 

any new fishing vessel that will increase the harvesting capacity 

in any United States fishery. 

DEPARTMENTAL MANAGEMENT

SALARIES AND EXPENSES

For expenses necessary for the departmental management of 

the Department of Commerce provided for by law, including not 

to exceed $5,000 for official reception and representation, 

$58,000,000: Provided, That the Secretary, within 60 days of enactment of this Act, shall provide a report to the Committees on 

Appropriations of the House and Senate that audits and evaluates 

all decision documents and expenditures by the Bureau of the 

Census as they relate to the 2010 Census: Provided further, That 

of the amounts provided to the Secretary within this account, 

$5,000,000 shall not become available for obligation until the Secretary certifies to the Committees on Appropriations of the House 

and Senate that the Bureau of the Census has followed and met 

all standards and best practices, and all Office of Management 

and Budget guidelines related to information technology projects 

and contract management. 

HERBERT C. HOOVER BUILDING RENOVATION AND MODERNIZATION

For expenses necessary, including blast windows, for the renovation and modernization of the Herbert C. Hoover Building, 

$22,500,000, to remain available until expended. 

OFFICE OF INSPECTOR GENERAL

For necessary expenses of the Office of Inspector General in 

carrying out the provisions of the Inspector General Act of 1978 

(5 U.S.C. App.), $27,000,000. 

GENERAL PROVISIONS—DEPARTMENT OF COMMERCE

SEC. 101. During the current fiscal year, applicable appropriations and funds made available to the Department of Commerce 

by this Act shall be available for the activities specified in the 

Act of October 26, 1949 (15 U.S.C. 1514), to the extent and in 

the manner prescribed by the Act, and, notwithstanding 31 U.S.C. 

3324, may be used for advanced payments not otherwise authorized 

only upon the certification of officials designated by the Secretary 

of Commerce that such payments are in the public interest. 

SEC. 102. During the current fiscal year, appropriations made 

available to the Department of Commerce by this Act for salaries 

Certification. 

Deadline. 

Reports. 


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PUBLIC LAW 111–117—DEC. 16, 2009 123 STAT. 3121 

and expenses shall be available for hire of passenger motor vehicles 

as authorized by 31 U.S.C. 1343 and 1344; services as authorized 

by 5 U.S.C. 3109; and uniforms or allowances therefor, as authorized 

by law (5 U.S.C. 5901–5902). 

SEC. 103. Not to exceed 5 percent of any appropriation made 

available for the current fiscal year for the Department of Commerce 

in this Act may be transferred between such appropriations, but 

no such appropriation shall be increased by more than 10 percent 

by any such transfers: Provided, That any transfer pursuant to 

this section shall be treated as a reprogramming of funds under 

section 505 of this Act and shall not be available for obligation 

or expenditure except in compliance with the procedures set forth 

in that section: Provided further, That the Secretary of Commerce 

shall notify the Committees on Appropriations at least 15 days 

in advance of the acquisition or disposal of any capital asset 

(including land, structures, and equipment) not specifically provided 

for in this Act or any other law appropriating funds for the Department of Commerce: Provided further, That for the National Oceanic 

and Atmospheric Administration this section shall provide for transfers among appropriations made only to the National Oceanic and 

Atmospheric Administration and such appropriations may not be 

transferred and reprogrammed to other Department of Commerce 

bureaus and appropriation accounts. 

SEC. 104. Any costs incurred by a department or agency funded 

under this title resulting from personnel actions taken in response 

to funding reductions included in this title or from actions taken 

for the care and protection of loan collateral or grant property 

shall be absorbed within the total budgetary resources available 

to such department or agency: Provided, That the authority to 

transfer funds between appropriations accounts as may be necessary 

to carry out this section is provided in addition to authorities 

included elsewhere in this Act: Provided further, That use of funds 

to carry out this section shall be treated as a reprogramming 

of funds under section 505 of this Act and shall not be available 

for obligation or expenditure except in compliance with the procedures set forth in that section. 

SEC. 105. The requirements set forth by section 112 of division 

B of Public Law 110–161 are hereby adopted by reference. 

SEC. 106. Notwithstanding any other law, the Secretary may 

furnish services (including but not limited to utilities, telecommunications, and security services) necessary to support the operation, 

maintenance, and improvement of space that persons, firms or 

organizations are authorized pursuant to the Public Buildings 

Cooperative Use Act of 1976 or other authority to use or occupy 

in the Herbert C. Hoover Building, Washington, DC, or other 

buildings, the maintenance, operation, and protection of which has 

been delegated to the Secretary from the Administrator of General 

Services pursuant to the Federal Property and Administrative Services Act of 1949, as amended, on a reimbursable or non-reimbursable basis. Amounts received as reimbursement for services provided under this section or the authority under which the use 

or occupancy of the space is authorized, up to $200,000, shall 

be credited to the appropriation or fund which initially bears the 

costs of such services. 

SEC. 107. With the consent of the President, the Secretary 

of Commerce shall represent the United States Government in 

negotiating and monitoring international agreements regarding 

President. 

Incorporation by 

reference. 

33 USC 878a 

note. 

Notification. 

Deadline. 


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fisheries, marine mammals, or sea turtles: Provided, That the Secretary of Commerce shall be responsible for the development and 

interdepartmental coordination of the policies of the United States 

with respect to the international negotiations and agreements 

referred to in this section. 

SEC. 108. Section 101(k) of the Emergency Steel Loan Guarantee Act of 1999 (15 U.S.C. 1841 note) is amended by striking 

‘‘2009’’ and inserting ‘‘2011’’. 

SEC. 109. Nothing in this title shall be construed to prevent 

a grant recipient from deterring child pornography, copyright 

infringement, or any other unlawful activity over its networks. 

SEC. 110. The Administration of the National Oceanic and 

Atmospheric Administration is authorized to use, with their consent, 

with reimbursement and subject to the limits of available appropriations, the land, services, equipment, personnel, and facilities of 

any department, agency or instrumentality of the United States, 

or of any State, local government, Indian tribal government, Territory or possession, or of any political subdivision thereof, or of 

any foreign government or international organization for purposes 

related to carrying out the responsibilities of any statute administered by the National Oceanic and Atmospheric Administration. 

This title may be cited as the ‘‘Department of Commerce Appropriations Act, 2010’’. 

TITLE II 

DEPARTMENT OF JUSTICE 

GENERAL ADMINISTRATION

SALARIES AND EXPENSES

For expenses necessary for the administration of the Department of Justice, $118,488,000, of which not to exceed $4,000,000 

for security and construction of Department of Justice facilities 

shall remain available until expended: Provided, That the Attorney 

General is authorized to transfer funds appropriated within General 

Administration to any office in this account: Provided further, That 

$18,693,000 is for Department Leadership; $8,101,000 is for Intergovernmental Relations/External Affairs; $12,715,000 is for Executive Support/Professional Responsibility; and $78,979,000 is for the 

Justice Management Division: Provided further, That any change 

in amounts specified in the preceding proviso greater than 5 percent 

shall be submitted for approval to the House and Senate Committees on Appropriations consistent with the terms of section 505 

of this Act: Provided further, That this transfer authority is in 

addition to transfers authorized under section 505 of this Act. 

NATIONAL DRUG INTELLIGENCE CENTER

For necessary expenses of the National Drug Intelligence 

Center, $44,023,000, of which $2,000,000 shall be for reimbursement 

of Air Force personnel for the National Drug Intelligence Center 

to support the Department of Defense’s counter-drug intelligence 

responsibilities: Provided, That the National Drug Intelligence 

Center shall maintain the personnel and technical resources to 

provide timely support to law enforcement authorities and the 

intelligence community by conducting document and computer 

Department of 

Justice 

Appropriations 

Act, 2010. 


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exploitation of materials collected in Federal, State, and local law 

enforcement activity associated with counter-drug, counterterrorism, and national security investigations and operations. 

JUSTICE INFORMATION SHARING TECHNOLOGY

For necessary expenses for information sharing technology, 

including planning, development, deployment and departmental 

direction, $88,285,000, to remain available until expended. 

TACTICAL LAW ENFORCEMENT WIRELESS COMMUNICATIONS

For the costs of developing and implementing a nation-wide 

Integrated Wireless Network supporting Federal law enforcement 

communications, and for the costs of operations and maintenance 

of existing Land Mobile Radio legacy systems, $206,143,000, to 

remain available until expended: Provided, That the Attorney General shall transfer to this account all funds made available to 

the Department of Justice for the purchase of portable and mobile 

radios: Provided further, That any transfer made under the preceding proviso shall be subject to section 505 of this Act. 

ADMINISTRATIVE REVIEW AND APPEALS

For expenses necessary for the administration of pardon and 

clemency petitions and immigration-related activities, $300,685,000, 

of which $4,000,000 shall be derived by transfer from the Executive 

Office for Immigration Review fees deposited in the ‘‘Immigration 

Examinations Fee’’ account. 

DETENTION TRUSTEE

For necessary expenses of the Federal Detention Trustee, $1,438,663,000, to remain available until expended: Provided, That 

the Trustee shall be responsible for managing the Justice Prisoner 

and Alien Transportation System: Provided further, That not to 

exceed $5,000,000 shall be considered ‘‘funds appropriated for State 

and local law enforcement assistance’’ pursuant to 18 U.S.C. 

4013(b). 

OFFICE OF INSPECTOR GENERAL

For necessary expenses of the Office of Inspector General, 

$84,368,000, including not to exceed $10,000 to meet unforeseen 

emergencies of a confidential character. 

UNITED STATES PAROLE COMMISSION

SALARIES AND EXPENSES

For necessary expenses of the United States Parole Commission 

as authorized, $12,859,000. 

LEGAL ACTIVITIES

SALARIES AND EXPENSES, GENERAL LEGAL ACTIVITIES

For expenses necessary for the legal activities of the Department of Justice, not otherwise provided for, including not to exceed 


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$20,000 for expenses of collecting evidence, to be expended under 

the direction of, and to be accounted for solely under the certificate 

of, the Attorney General; and rent of private or Government-owned 

space in the District of Columbia, $875,097,000, of which not to 

exceed $10,000,000 for litigation support contracts shall remain 

available until expended: Provided, That of the total amount appro- priated, not to exceed $10,000 shall be available to the United 

States National Central Bureau, INTERPOL, for official reception 

and representation expenses: Provided further, That notwithstanding section 205 of this Act, upon a determination by the 

Attorney General that emergent circumstances require additional 

funding for litigation activities of the Civil Division, the Attorney 

General may transfer such amounts to ‘‘Salaries and Expenses, 

General Legal Activities’’ from available appropriations for the current fiscal year for the Department of Justice, as may be necessary 

to respond to such circumstances: Provided further, That any 

transfer pursuant to the previous proviso shall be treated as a 

reprogramming under section 505 of this Act and shall not be 

available for obligation or expenditure except in compliance with 

the procedures set forth in that section: Provided further, That 

of the amount appropriated, such sums as may be necessary shall 

be available to reimburse the Office of Personnel Management 

for salaries and expenses associated with the election monitoring 

program under section 8 of the Voting Rights Act of 1965 (42 

U.S.C. 1973f): Provided further, That of the amounts provided under this heading for the election monitoring program $3,390,000, shall 

remain available until expended. 

In addition, for reimbursement of expenses of the Department 

of Justice associated with processing cases under the National 

Childhood Vaccine Injury Act of 1986, not to exceed $7,833,000, 

to be appropriated from the Vaccine Injury Compensation Trust 

Fund. 

SALARIES AND EXPENSES, ANTITRUST DIVISION

For expenses necessary for the enforcement of antitrust and kindred laws, $163,170,000, to remain available until expended: 

Provided, That notwithstanding any other provision of law, fees 

collected for premerger notification filings under the Hart-ScottRodino Antitrust Improvements Act of 1976 (15 U.S.C. 18a), regardless of the year of collection (and estimated to be $102,000,000 

in fiscal year 2010), shall be retained and used for necessary 

expenses in this appropriation, and shall remain available until 

expended: Provided further, That the sum herein appropriated from 

the general fund shall be reduced as such offsetting collections 

are received during fiscal year 2010, so as to result in a final 

fiscal year 2010 appropriation from the general fund estimated 

at $61,170,000. 

SALARIES AND EXPENSES, UNITED STATES ATTORNEYS

For necessary expenses of the Offices of the United States 

Attorneys, including inter-governmental and cooperative agreements, $1,934,003,000: Provided, That of the total amount appropriated, not to exceed $8,000 shall be available for official reception 

and representation expenses: Provided further, That not to exceed 

$25,000,000 shall remain available until expended: Provided further, 

That of the amount provided under this heading, not less than 


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$36,980,000 shall be used for salaries and expenses for assistant 

U.S. Attorneys to carry out section 704 of the Adam Walsh Child 

Protection and Safety Act of 2006 (Public Law 109–248) concerning 

the prosecution of offenses relating to the sexual exploitation of 

children: Provided further, That of the amount provided under 

this heading, $6,000,000 is for salaries and expenses for new assistant U.S. Attorneys to carry out additional prosecutions of serious 

crimes in Indian Country. 

UNITED STATES TRUSTEE SYSTEM FUND

For necessary expenses of the United States Trustee Program, as authorized, $219,250,000, to remain available until expended 

and to be derived from the United States Trustee System Fund: 

Provided, That notwithstanding any other provision of law, deposits 

to the Fund shall be available in such amounts as may be necessary 

to pay refunds due depositors: Provided further, That, notwithstanding any other provision of law, $210,000,000 of offsetting 

collections pursuant to 28 U.S.C. 589a(b) shall be retained and 

used for necessary expenses in this appropriation and shall remain 

available until expended: Provided further, That the sum herein 

appropriated from the Fund shall be reduced as such offsetting 

collections are received during fiscal year 2010, so as to result 

in a final fiscal year 2010 appropriation from the Fund estimated 

at $4,250,000. 

SALARIES AND EXPENSES, FOREIGN CLAIMS SETTLEMENT COMMISSION

For expenses necessary to carry out the activities of the Foreign 

Claims Settlement Commission, including services as authorized 

by section 3109 of title 5, United States Code, $2,117,000. 

FEES AND EXPENSES OF WITNESSES

For fees and expenses of witnesses, for expenses of contracts 

for the procurement and supervision of expert witnesses, for private 

counsel expenses, including advances, and for expenses of foreign 

counsel, $168,300,000, to remain available until expended: Provided, 

That not to exceed $10,000,000 may be made available for construction of buildings for protected witness safesites: Provided further, 

That not to exceed $3,000,000 may be made available for the 

purchase and maintenance of armored and other vehicles for witness 

security caravans: Provided further, That not to exceed $11,000,000 

may be made available for the purchase, installation, maintenance, 

and upgrade of secure telecommunications equipment and a secure 

automated information network to store and retrieve the identities 

and locations of protected witnesses. 

SALARIES AND EXPENSES, COMMUNITY RELATIONS SERVICE

For necessary expenses of the Community Relations Service, 

$11,479,000: Provided, That notwithstanding section 205 of this 

Act, upon a determination by the Attorney General that emergent 

circumstances require additional funding for conflict resolution and 

violence prevention activities of the Community Relations Service, 

the Attorney General may transfer such amounts to the Community 

Relations Service, from available appropriations for the current 

fiscal year for the Department of Justice, as may be necessary 


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123 STAT. 3126 PUBLIC LAW 111–117—DEC. 16, 2009 

to respond to such circumstances: Provided further, That any 

transfer pursuant to the preceding proviso shall be treated as 

a reprogramming under section 505 of this Act and shall not be 

available for obligation or expenditure except in compliance with 

the procedures set forth in that section. 

ASSETS FORFEITURE FUND

For expenses authorized by 28 U.S.C. 524(c)(1)(B), (F), and (G), $20,990,000, to be derived from the Department of Justice 

Assets Forfeiture Fund. 

UNITED STATES MARSHALS SERVICE

SALARIES AND EXPENSES

For necessary expenses of the United States Marshals Service, $1,125,763,000; of which not to exceed $30,000 shall be available 

for official reception and representation expenses; and of which 

not to exceed $10,000,000 shall remain available until expended 

for information technology systems. 

CONSTRUCTION

For construction in space controlled, occupied or utilized by 

the United States Marshals Service for prisoner holding and related 

support, $26,625,000, to remain available until expended; of which 

not less than $12,625,000 shall be available for the costs of courthouse security equipment, including furnishings, relocations, and 

telephone systems and cabling. 

NATIONAL SECURITY DIVISION

SALARIES AND EXPENSES

For expenses necessary to carry out the activities of the 

National Security Division, $87,938,000; of which not to exceed 

$5,000,000 for information technology systems shall remain available until expended: Provided, That notwithstanding section 205 

of this Act, upon a determination by the Attorney General that 

emergent circumstances require additional funding for the activities 

of the National Security Division, the Attorney General may 

transfer such amounts to this heading from available appropriations 

for the current fiscal year for the Department of Justice, as may 

be necessary to respond to such circumstances: Provided further, 

That any transfer pursuant to the preceding proviso shall be treated 

as a reprogramming under section 505 of this Act and shall not 

be available for obligation or expenditure except in compliance 

with the procedures set forth in that section. 

INTERAGENCY LAW ENFORCEMENT

INTERAGENCY CRIME AND DRUG ENFORCEMENT

For necessary expenses for the identification, investigation, and 

prosecution of individuals associated with the most significant drug 

trafficking and affiliated money laundering organizations not otherwise provided for, to include inter-governmental agreements with 


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PUBLIC LAW 111–117—DEC. 16, 2009 123 STAT. 3127 

State and local law enforcement agencies engaged in the investigation and prosecution of individuals involved in organized crime 

drug trafficking, $528,569,000, of which $50,000,000 shall remain 

available until expended: Provided, That any amounts obligated 

from appropriations under this heading may be used under authorities available to the organizations reimbursed from this appropriation. 

FEDERAL BUREAU OF INVESTIGATION

SALARIES AND EXPENSES

For necessary expenses of the Federal Bureau of Investigation 

for detection, investigation, and prosecution of crimes against the 

United States, $7,658,622,000, of which $101,066,000 is designated 

as being for overseas deployments and other activities pursuant 

to sections 401(c)(4) and 423(a)(1) of S. Con. Res. 13 (111th Congress), the concurrent resolution on the budget for fiscal year 2010; 

and of which not to exceed $150,000,000 shall remain available 

until expended: Provided, That not to exceed $205,000 shall be 

available for official reception and representation expenses: Provided further, That notwithstanding section 205 of this Act, the 

Director of the Federal Bureau of Investigation, upon a determination that additional funding is necessary to carry out construction 

of the Biometrics Technology Center, may transfer from amounts 

available for ‘‘Salaries and Expenses’’ to amounts available for 

‘‘Construction’’ up to $30,000,000 in fees collected to defray expenses 

for the automation of fingerprint identification and criminal justice 

information services and associated costs: Provided further, That 

any transfer made pursuant to the previous proviso shall be subject 

to section 505 of this Act. 

CONSTRUCTION

For all necessary expenses, to include the cost of equipment, 

furniture, and information technology requirements, related to 

construction or acquisition of buildings, facilities and sites by purchase, or as otherwise authorized by law; conversion, modification 

and extension of Federally-owned buildings; and preliminary planning and design of projects; $239,915,000, to remain available until 

expended. 

DRUG ENFORCEMENT ADMINISTRATION

SALARIES AND EXPENSES

For necessary expenses of the Drug Enforcement Administration, including not to exceed $70,000 to meet unforeseen emergencies of a confidential character pursuant to 28 U.S.C. 530C; 

and expenses for conducting drug education and training programs, 

including travel and related expenses for participants in such programs and the distribution of items of token value that promote 

the goals of such programs, $2,019,682,000; of which not to exceed 

$75,000,000 shall remain available until expended; and of which 

not to exceed $100,000 shall be available for official reception and 

representation expenses. 


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123 STAT. 3128 PUBLIC LAW 111–117—DEC. 16, 2009 

BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES

SALARIES AND EXPENSES

For necessary expenses of the Bureau of Alcohol, Tobacco, Firearms and Explosives, not to exceed $40,000 for official reception 

and representation expenses; for training of State and local law 

enforcement agencies with or without reimbursement, including 

training in connection with the training and acquisition of canines 

for explosives and fire accelerants detection; and for provision of 

laboratory assistance to State and local law enforcement agencies, 

with or without reimbursement, $1,114,772,000, of which not to 

exceed $1,000,000 shall be available for the payment of attorneys’ 

fees as provided by section 924(d)(2) of title 18, United States 

Code; and of which not to exceed $10,000,000 shall remain available 

until expended: Provided, That no funds appropriated herein shall 

be available for salaries or administrative expenses in connection 

with consolidating or centralizing, within the Department of Justice, 

the records, or any portion thereof, of acquisition and disposition 

of firearms maintained by Federal firearms licensees: Provided 

further, That no funds appropriated herein shall be used to pay 

administrative expenses or the compensation of any officer or 

employee of the United States to implement an amendment or 

amendments to 27 CFR 478.118 or to change the definition of 

‘‘Curios or relics’’ in 27 CFR 478.11 or remove any item from 

ATF Publication 5300.11 as it existed on January 1, 1994: Provided 

further, That none of the funds appropriated herein shall be available to investigate or act upon applications for relief from Federal 

firearms disabilities under 18 U.S.C. 925(c): Provided further, That 

such funds shall be available to investigate and act upon applications filed by corporations for relief from Federal firearms disabilities under section 925(c) of title 18, United States Code: Provided 

further, That no funds made available by this or any other Act 

may be used to transfer the functions, missions, or activities of 

the Bureau of Alcohol, Tobacco, Firearms and Explosives to other 

agencies or Departments in fiscal year 2010: Provided further, That, 

beginning in fiscal year 2010 and thereafter, no funds appropriated 

under this or any other Act may be used to disclose part or all 

of the contents of the Firearms Trace System database maintained 

by the National Trace Center of the Bureau of Alcohol, Tobacco, 

Firearms and Explosives or any information required to be kept 

by licensees pursuant to section 923(g) of title 18, United States 

Code, or required to be reported pursuant to paragraphs (3) and 

(7) of such section 923(g), except to: (1) a Federal, State, local, 

or tribal law enforcement agency, or a Federal, State, or local 

prosecutor; or (2) a foreign law enforcement agency solely in connection with or for use in a criminal investigation or prosecution; 

or (3) a Federal agency for a national security or intelligence purpose; unless such disclosure of such data to any of the entities 

described in (1), (2) or (3) of this proviso would compromise the 

identity of any undercover law enforcement officer or confidential 

informant, or interfere with any case under investigation; and no 

person or entity described in (1), (2) or (3) shall knowingly and 

publicly disclose such data; and all such data shall be immune 

from legal process, shall not be subject to subpoena or other discovery, shall be inadmissible in evidence, and shall not be used, 

relied on, or disclosed in any manner, nor shall testimony or other 

Effective date. 

Firearms data. 

18 USC 923 note. 


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PUBLIC LAW 111–117—DEC. 16, 2009 123 STAT. 3129 

evidence be permitted based on the data, in a civil action in any 

State (including the District of Columbia) or Federal court or in 

an administrative proceeding other than a proceeding commenced 

by the Bureau of Alcohol, Tobacco, Firearms and Explosives to 

enforce the provisions of chapter 44 of such title, or a review 

of such an action or proceeding; except that this proviso shall 

not be construed to prevent: (A) the disclosure of statistical information concerning total production, importation, and exportation by 

each licensed importer (as defined in section 921(a)(9) of such 

title) and licensed manufacturer (as defined in section 921(a)(10) 

of such title); (B) the sharing or exchange of such information 

among and between Federal, State, local, or foreign law enforcement 

agencies, Federal, State, or local prosecutors, and Federal national 

security, intelligence, or counterterrorism officials; or (C) the 

publication of annual statistical reports on products regulated by 

the Bureau of Alcohol, Tobacco, Firearms and Explosives, including 

total production, importation, and exportation by each licensed 

importer (as so defined) and licensed manufacturer (as so defined), 

or statistical aggregate data regarding firearms traffickers and 

trafficking channels, or firearms misuse, felons, and trafficking 

investigations: Provided further, That no funds made available by 

this or any other Act shall be expended to promulgate or implement 

any rule requiring a physical inventory of any business licensed 

under section 923 of title 18, United States Code: Provided further, That no funds under this Act may be used to electronically retrieve 

information gathered pursuant to 18 U.S.C. 923(g)(4) by name 

or any personal identification code: Provided further, That no funds 

authorized or made available under this or any other Act may 

be used to deny any application for a license under section 923 

of title 18, United States Code, or renewal of such a license due 

to a lack of business activity, provided that the applicant is otherwise eligible to receive such a license, and is eligible to report 

business income or to claim an income tax deduction for business 

expenses under the Internal Revenue Code of 1986. 

CONSTRUCTION

For necessary expenses to construct or acquire buildings and 

sites by purchase, or as otherwise authorized by law (including 

equipment for such buildings); conversion and extension of Federally-owned buildings; and preliminary planning and design of 

projects; $6,000,000, to remain available until expended. 

FEDERAL PRISON SYSTEM

SALARIES AND EXPENSES

For necessary expenses of the Federal Prison System for the 

administration, operation, and maintenance of Federal penal and 

correctional institutions, including purchase (not to exceed 831, 

of which 743 are for replacement only) and hire of law enforcement 

and passenger motor vehicles, and for the provision of technical 

assistance and advice on corrections related issues to foreign governments, $6,086,231,000: Provided, That the Attorney General may 

transfer to the Health Resources and Services Administration such 

amounts as may be necessary for direct expenditures by that 

Administration for medical relief for inmates of Federal penal and 

correctional institutions: Provided further, That the Director of the 

42 USC 250a. 


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123 STAT. 3130 PUBLIC LAW 111–117—DEC. 16, 2009 

Federal Prison System, where necessary, may enter into contracts 

with a fiscal agent or fiscal intermediary claims processor to determine the amounts payable to persons who, on behalf of the Federal 

Prison System, furnish health services to individuals committed 

to the custody of the Federal Prison System: Provided further, That not to exceed $6,000 shall be available for official reception 

and representation expenses: Provided further, That not to exceed 

$50,000,000 shall remain available for necessary operations until 

September 30, 2011: Provided further, That, of the amounts pro- vided for contract confinement, not to exceed $20,000,000 shall 

remain available until expended to make payments in advance 

for grants, contracts and reimbursable agreements, and other 

expenses authorized by section 501(c) of the Refugee Education 

Assistance Act of 1980 (8 U.S.C. 1522 note), for the care and 

security in the United States of Cuban and Haitian entrants: Provided further, That the Director of the Federal Prison System 

may accept donated property and services relating to the operation 

of the prison card program from a not-for-profit entity which has 

operated such program in the past notwithstanding the fact that 

such not-for-profit entity furnishes services under contracts to the 

Federal Prison System relating to the operation of pre-release services, halfway houses, or other custodial facilities. 

BUILDINGS AND FACILITIES

For planning, acquisition of sites and construction of new facilities; purchase and acquisition of facilities and remodeling, and 

equipping of such facilities for penal and correctional use, including 

all necessary expenses incident thereto, by contract or force account; 

and constructing, remodeling, and equipping necessary buildings 

and facilities at existing penal and correctional institutions, 

including all necessary expenses incident thereto, by contract or 

force account, $99,155,000, to remain available until expended, 

of which not less than $73,769,000 shall be available only for 

modernization, maintenance and repair, and of which not to exceed 

$14,000,000 shall be available to construct areas for inmate work 

programs: Provided, That labor of United States prisoners may 

be used for work performed under this appropriation. 

FEDERAL PRISON INDUSTRIES, INCORPORATED

The Federal Prison Industries, Incorporated, is hereby authorized to make such expenditures, within the limits of funds and 

borrowing authority available, and in accord with the law, and 

to make such contracts and commitments, without regard to fiscal 

year limitations as provided by section 9104 of title 31, United 

States Code, as may be necessary in carrying out the program 

set forth in the budget for the current fiscal year for such corporation, including purchase (not to exceed five for replacement only) 

and hire of passenger motor vehicles. 

LIMITATION ON ADMINISTRATIVE EXPENSES, FEDERAL PRISON

INDUSTRIES, INCORPORATED

Not to exceed $2,700,000 of the funds of the Federal Prison 

Industries, Incorporated shall be available for its administrative 

expenses, and for services as authorized by section 3109 of title 

5, United States Code, to be computed on an accrual basis to 


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be determined in accordance with the corporation’s current prescribed accounting system, and such amounts shall be exclusive 

of depreciation, payment of claims, and expenditures which such 

accounting system requires to be capitalized or charged to cost 

of commodities acquired or produced, including selling and shipping 

expenses, and expenses in connection with acquisition, construction, 

operation, maintenance, improvement, protection, or disposition of 

facilities and other property belonging to the corporation or in 

which it has an interest. 

STATE AND LOCAL LAW ENFORCEMENT ACTIVITIES

OFFICE ON VIOLENCE AGAINST WOMEN

VIOLENCE AGAINST WOMEN PREVENTION AND PROSECUTION

PROGRAMS

(INCLUDING TRANSFER OF FUNDS)

For grants, contracts, cooperative agreements, and other assistance for the prevention and prosecution of violence against women, 

as authorized by the Omnibus Crime Control and Safe Streets 

Act of 1968 (42 U.S.C. 3711 et seq.) (‘‘the 1968 Act’’); the Violent 

Crime Control and Law Enforcement Act of 1994 (Public Law 

103–322) (‘‘the 1994 Act’’); the Victims of Child Abuse Act of 1990 

(Public Law 101–647) (‘‘the 1990 Act’’); the Prosecutorial Remedies 

and Other Tools to end the Exploitation of Children Today Act 

of 2003 (Public Law 108–21); the Juvenile Justice and Delinquency 

Prevention Act of 1974 (42 U.S.C. 5601 et seq.) (‘‘the 1974 Act’’); 

the Victims of Trafficking and Violence Protection Act of 2000 

(Public Law 106–386) (‘‘the 2000 Act’’); and the Violence Against 

Women and Department of Justice Reauthorization Act of 2005 

(Public Law 109–162) (‘‘the 2005 Act’’); and for related victims 

services, $418,500,000, to remain available until expended: Provided, That except as otherwise provided by law, not to exceed 

3 percent of funds made available under this heading may be 

used for expenses related to evaluation, training, and technical 

assistance: Provided further, That of the amount provided (which 

shall be by transfer for programs administered by the Office of 

Justice Programs)— 

(1) $210,000,000 for grants to combat violence against 

women, as authorized by part T of the 1968 Act, of which— 

(A) $18,000,000 shall be for transitional housing assistance grants for victims of domestic violence, stalking or 

sexual assault as authorized by section 40299 of the 1994 

Act; and 

(B) $3,000,000 shall be for the National Institute of 

Justice for research and evaluation of violence against 

women and related issues addressed by grant programs 

of the Office on Violence Against Women; 

(2) $60,000,000 for grants to encourage arrest policies as 

authorized by part U of the 1968 Act; 

(3) $15,000,000 for sexual assault victims assistance, as 

authorized by section 41601 of the 1994 Act; 

(4) $41,000,000 for rural domestic violence and child abuse 

enforcement assistance grants, as authorized by section 40295 

of the 1994 Act; 


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123 STAT. 3132 PUBLIC LAW 111–117—DEC. 16, 2009 

(5) $9,500,000 for grants to reduce violent crimes against 

women on campus, as authorized by section 304 of the 2005 

Act; 

(6) $41,000,000 for legal assistance for victims, as authorized by section 1201 of the 2000 Act; 

(7) $4,250,000 for enhanced training and services to end 

violence against and abuse of women in later life, as authorized 

by section 40802 of the 1994 Act; 

(8) $14,000,000 for the safe havens for children program, 

as authorized by section 1301 of the 2000 Act; 

(9) $6,750,000 for education and training to end violence 

against and abuse of women with disabilities, as authorized 

by section 1402 of the 2000 Act; 

(10) $3,000,000 for an engaging men and youth in prevention program, as authorized by section 41305 of the 1994 Act; 

(11) $1,000,000 for tracking of violence against Indian 

women, as authorized by section 905 of the 2005 Act and 

consistent with title I of the Adam Walsh Child Protection 

and Safety Act of 2006; 

(12) $3,500,000 for services to advocate and respond to 

youth, as authorized by section 41201 of the 1994 Act; 

(13) $3,000,000 for grants to assist children and youth 

exposed to violence, as authorized by section 41303 of the 

1994 Act; 

(14) $3,000,000 for the court training and improvements 

program, as authorized by section 41002 of the 1994 Act; 

(15) $1,000,000 for the National Resource Center on Workplace Responses to assist victims of domestic violence, as 

authorized by section 41501 of the 1994 Act; and 

(16) $2,500,000 for the Supporting Teens through Education and Protection program, as authorized by section 41204 

of the 1994 Act. 

OFFICE OF JUSTICE PROGRAMS

JUSTICE ASSISTANCE

For grants, contracts, cooperative agreements, and other assistance authorized by title I of the Omnibus Crime Control and Safe 

Streets Act of 1968 ‘‘the 1968 Act’’; the Juvenile Justice and Delinquency Prevention Act of 1974 ‘‘the 1974 Act’’; the Missing Children’s Assistance Act (42 U.S.C. 5771 et seq.); the Prosecutorial 

Remedies and Other Tools to end the Exploitation of Children 

Today Act of 2003 (Public Law 108–21); the Justice for All Act 

of 2004 (Public Law 108–405); the Violence Against Women and 

Department of Justice Reauthorization Act of 2005 (Public Law 

109–162); the Victims of Child Abuse Act of 1990 (Public Law 

101–647); the Second Chance Act of 2007 (Public Law 110–199); 

the Victims of Crime Act of 1984 (Public Law 98–473); the Adam 

Walsh Child Protection and Safety Act of 2006 (Public Law 109– 

248); the PROTECT Our Children Act of 2008 (Public Law 110– 

401); subtitle D of title II of the Homeland Security Act of 2002 

(Public Law 107–296), which may include research and development; and other programs (including the Statewide Automated 

Victim Notification Program); $235,000,000, to remain available 

until expended, of which— 


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PUBLIC LAW 111–117—DEC. 16, 2009 123 STAT. 3133 

(1) $60,000,000 is for criminal justice statistics programs, 

and other activities, as authorized by part C of title I of the 

1968 Act, of which $41,000,000 is for the National Crime 

Victimization Survey; 

(2) $48,000,000 is for research, development, and evaluation 

programs, and other activities as authorized by part B of title 

I of the 1968 Act; 

(3) $12,000,000 is for the Statewide Victim Notification 

System of the Bureau of Justice Assistance; 

(4) $45,000,000 is for the Regional Information Sharing 

System, as authorized by part M of title I of the 1968 Act; 

and 

(5) $70,000,000 is for missing and exploited children programs, including as authorized by sections 404(b) and 405(a) 

of the 1974 Act. 

STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE

For grants, contracts, cooperative agreements, and other assistance authorized by the Violent Crime Control and Law Enforcement 

Act of 1994 (Public Law 103–322) (‘‘the 1994 Act’’); the Omnibus 

Crime Control and Safe Streets Act of 1968 (‘‘the 1968 Act’’); the 

Justice for All Act of 2004 (Public Law 108–405); the Victims 

of Child Abuse Act of 1990 (Public Law 101–647) (‘‘the 1990 Act’’); 

the Trafficking Victims Protection Reauthorization Act of 2005 

(Public Law 109–164); the Violence Against Women and Department 

of Justice Reauthorization Act of 2005 (Public Law 109–162); the 

Adam Walsh Child Protection and Safety Act of 2006 (Public Law 

109–248); and the Victims of Trafficking and Violence Protection 

Act of 2000 (Public Law 106–386); the Second Chance Act of 2007 

(Public Law 110–199); the Prioritizing Resources and Organization 

for Intellectual Property Act of 2008 (Public Law 110–403); and 

other programs; $1,534,768,000, to remain available until expended 

as follows— 

(1) $519,000,000 for the Edward Byrne Memorial Justice 

Assistance Grant program as authorized by subpart 1 of part 

E of title I of the 1968 Act, (except that section 1001(c), and 

the special rules for Puerto Rico under section 505(g), of the 

1968 Act, as amended, shall not apply for purposes of this 

Act), of which $5,000,000 is for use by the National Institute 

of Justice in assisting units of local government to identify, 

select, develop, modernize, and purchase new technologies for 

use by law enforcement, and $3,000,000 is for a program to 

improve State and local law enforcement intelligence capabilities including antiterrorism training and training to ensure 

that constitutional rights, civil liberties, civil rights, and privacy 

interests are protected throughout the intelligence process; 

(2) $330,000,000 for the State Criminal Alien Assistance 

Program, as authorized by section 241(i)(5) of the Immigration 

and Nationality Act (8 U.S.C. 1231(i)(5)); 

(3) $31,000,000 for the Southwest Border Prosecutor Initiative to reimburse State, county, parish, tribal, or municipal 

governments for costs associated with the prosecution of 

criminal cases declined by local offices of the United States 

Attorneys; 

(4) $185,268,000 for discretionary grants to improve the 

functioning of the criminal justice system, to prevent or combat 


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123 STAT. 3134 PUBLIC LAW 111–117—DEC. 16, 2009 

juvenile delinquency, and to assist victims of crime (other than 

compensation), which shall be used for the projects, and in 

the amounts, specified in the explanatory statement accompanying this Act; 

(5) $40,000,000 for competitive grants to improve the functioning of the criminal justice system, to prevent or combat 

juvenile delinquency, and to assist victims of crime (other than 

compensation); 

(6) $2,000,000 for the purposes described in the Missing 

Alzheimer’s Disease Patient Alert Program (section 240001 of 

the 1994 Act); 

(7) $12,500,000 for victim services programs for victims 

of trafficking, as authorized by section 107(b)(2) of Public Law 

106–386 and for programs authorized under Public Law 109– 

164; 

(8) $45,000,000 for Drug Courts, as authorized by section 

1001(25)(A) of title I of the 1968 Act; 

(9) $7,000,000 for a program to monitor prescription drugs 

and scheduled listed chemical products; 

(10) $15,000,000 for prison rape prevention and prosecution 

and other programs, as authorized by the Prison Rape Elimination Act of 2003 (Public Law 108–79); 

(11) $30,000,000 for grants for Residential Substance Abuse 

Treatment for State Prisoners, as authorized by part S of 

title I of the 1968 Act; 

(12) $5,500,000 for the Capital Litigation Improvement 

Grant Program, as authorized by section 426 of Public Law 

108–405, and for grants for wrongful conviction review; 

(13) $12,000,000 for mental health courts and adult and 

juvenile collaboration program grants, as authorized by parts 

V and HH of title I of the 1968 Act, and the Mentally Ill 

Offender Treatment and Crime Reduction Reauthorization and 

Improvement Act of 2008 (Public Law 110–416); 

(14) $50,000,000 for assistance to Indian tribes, of which— 

(A) $10,000,000 shall be available for grants under 

section 20109 of subtitle A of title II of the 1994 Act; 

(B) $25,000,000 shall be available for the Tribal Courts 

Initiative; 

(C) $12,000,000 shall be available for tribal alcohol 

and substance abuse reduction assistance grants; and 

(D) $3,000,000 shall be available for training and technical assistance and civil and criminal legal assistance 

as authorized by title I of Public Law 106–559; 

(15) $20,000,000 for economic, high technology and Internet 

crime prevention grants, including as authorized by section 

401 of Public Law 110–403; 

(16) $15,000,000 for the court-appointed special advocate 

program, as authorized by section 217 of the 1990 Act; 

(17) $2,500,000 for child abuse training programs for 

judicial personnel and practitioners, as authorized by section 

222 of the 1990 Act; 

(18) $3,000,000 for grants to improve the stalking and 

domestic violence database, as authorized by section 40602 

of the 1994 Act; 

(19) $1,000,000 for analysis and research on violence 

against Indian women, including as authorized by section 904 

of the 2005 Act; 


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(20) $3,500,000 for training programs as authorized by 

section 40152 of the 1994 Act, and for related local demonstration projects; (21) $1,000,000 for grants for televised testimony, as 

authorized by part N of title I of the 1968 Act; (22) $15,000,000 for programs to reduce gun crime and 

gang violence; (23) $20,000,000 for grants to assist State and tribal 

governments as authorized by the NICS Improvements Amendments Act of 2007 (Public Law 110–180); (24) $11,500,000 for the National Criminal History 

Improvement program for grants to upgrade criminal records; (25) $100,000,000 for offender reentry programs, as authorized by the Second Chance Act of 2007 (Public Law 110– 

199), of which $37,000,000 is for grants for adult and juvenile 

offender State and local reentry demonstration projects, 

$15,000,000 is for grants for mentoring and transitional services, $10,000,000 is for reentry courts, $7,500,000 is for familybased substance abuse treatment, $2,500,000 is for evaluation 

and improvement of education at prisons, jails, and juvenile 

facilities, $5,000,000 is for technology careers training demonstration grants, $13,000,000 is for offender reentry substance 

abuse and criminal justice collaboration, and $10,000,000 is 

for prisoner reentry research; (26) $10,000,000 for activities related to comprehensive 

criminal justice reform and recidivism reduction efforts by 

States; (27) $10,000,000 for implementation of a student loan 

repayment assistance program pursuant to section 952 of Public 

Law 110–315; (28) $3,000,000 for the Northern Border Prosecutor Initiative to reimburse State, county, parish, tribal, or municipal 

governments for the costs associated with the prosecution of 

criminal cases declined by local offices of the United States 

Attorneys; and (29) $35,000,000 for Paul Coverdell Forensic Science 

Improvement Grants under part BB of title I of the 1968 

Act: 

Provided, That if a unit of local government uses any of the funds 

made available under this heading to increase the number of law 

enforcement officers, the unit of local government will achieve a 

net gain in the number of law enforcement officers who perform 

non-administrative public sector safety service. 

WEED AND SEED PROGRAM FUND

For necessary expenses, including salaries and related expenses of the Office of Weed and Seed Strategies, $20,000,000, to remain 

available until expended, as authorized by section 103 of title I 

of the Omnibus Crime Control and Safe Streets Act of 1968. 

JUVENILE JUSTICE PROGRAMS

For grants, contracts, cooperative agreements, and other assistance authorized by the Juvenile Justice and Delinquency Prevention 

Act of 1974 (‘‘the 1974 Act’’), the Omnibus Crime Control and 

Safe Streets Act of 1968 (‘‘the 1968 Act’’), the Violence Against 

Women and Department of Justice Reauthorization Act of 2005 


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(Public Law 109–162), the Missing Children’s Assistance Act (42 

U.S.C. 5771 et seq.); the Prosecutorial Remedies and Other Tools 

to end the Exploitation of Children Today Act of 2003 (Public 

Law 108–21); the Victims of Child Abuse Act of 1990 (Public Law 

101–647); the Adam Walsh Child Protection and Safety Act of 

2006 (Public Law 109–248); the PROTECT Our Children Act of 

2008 (Public Law 110–401), and other juvenile justice programs, 

$423,595,000, to remain available until expended as follows— 

(1) $75,000,000 for programs authorized by section 221 

of the 1974 Act, and for training and technical assistance 

to assist small, non-profit organizations with the Federal grants 

process; 

(2) $91,095,000 for grants and projects, as authorized by 

sections 261 and 262 of the 1974 Act, which shall be used 

for the projects, and in the amounts, specified in the explanatory statement accompanying this Act; 

(3) $100,000,000 for youth mentoring grants; 

(4) $65,000,000 for delinquency prevention, as authorized 

by section 505 of the 1974 Act, of which, pursuant to sections 

261 and 262 thereof— 

(A) $25,000,000 shall be for the Tribal Youth Program; 

(B) $10,000,000 shall be for a gang education initiative; 

and 

(C) $25,000,000 shall be for grants of $360,000 to each 

State and $4,840,000 shall be available for discretionary 

grants, for programs and activities to enforce State laws 

prohibiting the sale of alcoholic beverages to minors or 

the purchase or consumption of alcoholic beverages by 

minors, for prevention and reduction of consumption of 

alcoholic beverages by minors, and for technical assistance 

and training; 

(5) $22,500,000 for programs authorized by the Victims 

of Child Abuse Act of 1990; 

(6) $55,000,000 for the Juvenile Accountability Block 

Grants program as authorized by part R of title I of the 1968 

Act and Guam shall be considered a State; 

(7) $10,000,000 for community-based violence prevention 

initiatives; and 

(8) $5,000,000 for the Safe Start Program, as authorized 

by the 1974 Act: 

Provided, That not more than 10 percent of each amount may 

be used for research, evaluation, and statistics activities designed 

to benefit the programs or activities authorized: Provided further, 

That not more than 2 percent of each amount may be used for 

training and technical assistance: Provided further, That the previous two provisos shall not apply to grants and projects authorized 

by sections 261 and 262 of the 1974 Act. 

PUBLIC SAFETY OFFICER BENEFITS

For payments and expenses authorized under section 1001(a)(4) 

of title I of the Omnibus Crime Control and Safe Streets Act 

of 1968, such sums as are necessary (including amounts for administrative costs, which amounts shall be paid to the ‘‘Salaries and 

Expenses’’ account), to remain available until expended; and 

$9,100,000 for payments authorized by section 1201(b) of such Act 

and for educational assistance authorized by section 1218 of such 


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PUBLIC LAW 111–117—DEC. 16, 2009 123 STAT. 3137 

Act, to remain available until expended: Provided, That notwithstanding section 205 of this Act, upon a determination by the 

Attorney General that emergent circumstances require additional 

funding for such disability and education payments, the Attorney 

General may transfer such amounts to ‘‘Public Safety Officer Benefits’’ from available appropriations for the current fiscal year for 

the Department of Justice as may be necessary to respond to 

such circumstances: Provided further, That any transfer pursuant 

to the previous proviso shall be treated as a reprogramming under 

section 505 of this Act and shall not be available for obligation 

or expenditure except in compliance with the procedures set forth 

in that section. 

COMMUNITY ORIENTED POLICING SERVICES

(INCLUDING TRANSFERS OF FUNDS)

For activities authorized by the Violent Crime Control and 

Law Enforcement Act of 1994 (Public Law 103–322); the Omnibus 

Crime Control and Safe Streets Act of 1968 (‘‘the 1968 Act’’); the 

Violence Against Women and Department of Justice Reauthorization Act of 2005 (Public Law 109–162); subtitle D of title II of 

the Homeland Security Act of 2002 (Public Law 107–296), which 

may include research and development; and the USA PATRIOT 

Improvement and Reauthorization Act of 2005 (Public Law 109– 

177); the NICS Improvement Amendments Act of 2007 (Public 

Law 110–180); the Adam Walsh Child Protection and Safety Act 

of 2006 (Public Law 109–248) (the ‘‘Adam Walsh Act’’); and the 

Justice for All Act of 2004 (Public Law 108–405), $791,608,000, 

to remain available until expended: Provided, That any balances 

made available through prior year deobligations shall only be available in accordance with section 505 of this Act. Of the amount 

provided (which shall be by transfer, for programs administered 

by the Office of Justice Programs)— 

(1) $30,000,000 for the matching grant program for law 

enforcement armor vests, as authorized by section 2501 of 

title I of the 1968 Act: Provided, That $1,500,000 is for related 

research, testing, and evaluation programs; 

(2) $40,385,000 for grants to entities described in section 

1701 of title I of the 1968 Act, to address public safety and 

methamphetamine manufacturing, sale, and use in hot spots 

as authorized by section 754 of Public Law 109–177, and for 

other anti-methamphetamine-related activities: Provided, That 

within the amounts appropriated $25,385,000 shall be used 

for the projects, and in the amounts, specified in the explanatory statement accompanying this Act: Provided further, That 

within the amounts appropriated $10,000,000 shall be transferred to the Drug Enforcement Administration upon enactment 

of this Act: Provided further, That within the amounts appropriated $5,000,000 is for anti-methamphetamine-related activities in Indian Country; 

(3) $170,223,000 for a law enforcement technologies and 

interoperable communications program, and related law 

enforcement and public safety equipment: Provided, That 

within the amounts appropriated, $168,723,000 shall be used 

for the projects, and in the amounts, specified in the explanatory statement accompanying this Act: Provided further, That 


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123 STAT. 3138 PUBLIC LAW 111–117—DEC. 16, 2009 

of the amounts provided under this heading $1,500,000 is transferred directly to the National Institute of Standards and Technology’s Office of Law Enforcement Standards from the Community Oriented Policing Services Office for research, testing, 

and evaluation programs; 

(4) $161,000,000 for DNA related and forensic programs 

and activities, of which— 

(A) $151,000,000 is for a DNA analysis and capacity 

enhancement program and for other local, State, and Federal forensic activities including the purposes of section 

2 of the DNA Analysis Backlog Elimination Act of 2000 

(the Debbie Smith DNA Backlog Grant Program); 

(B) $5,000,000 is for the purposes described in the 

Kirk Bloodsworth Post-Conviction DNA Testing Program 

(Public Law 108–405, section 412); and 

(C) $5,000,000 is for Sexual Assault Forensic Exam 

Program Grants as authorized by Public Law 108–405, 

section 304; 

(5) $40,000,000 for improving tribal law enforcement, 

including equipment and training; 

(6) $12,000,000 for community policing development activities; 

(7) $24,000,000 for a national grant program the purpose 

of which is to assist State and local law enforcement to locate, 

arrest and prosecute child sexual predators and exploiters, 

and to enforce sex offender registration laws described in section 1701(b) of the 1968 Act, of which— 

(A) $11,000,000 is for sex offender management assistance as authorized by the Adam Walsh Act and the Violent 

Crime Control Act of 1994 (Public Law 103–322); and 

(B) $1,000,000 is for the National Sex Offender Public 

Registry; 

(8) $16,000,000 for expenses authorized by part AA of the 

1968 Act (Secure our Schools); and 

(9) $298,000,000 for grants under section 1701 of title 

I of the 1968 Act (42 U.S.C. 3796dd) for the hiring and rehiring 

of additional career law enforcement officers under part Q 

of such title notwithstanding subsections (g) and (i) of such 

section and notwithstanding 42 U.S.C. 3796dd–3(c). 

SALARIES AND EXPENSES

For necessary expenses, not elsewhere specified in this title, 

for management and administration of programs within the Office 

on Violence Against Women, the Office of Justice Programs and 

the Community Oriented Policing Services Office, $192,388,000, 

of which not to exceed $15,708,000 shall be available for the Office 

on Violence Against Women; not to exceed $139,218,000 shall be 

available for the Office of Justice Programs; not to exceed 

$37,462,000 shall be available for the Community Oriented Policing 

Services Office: Provided, That, notwithstanding section 109 of title 

I of Public Law 90–351, an additional amount, not to exceed 

$21,000,000 shall be available for authorized activities of the Office 

of Audit, Assessment, and Management: Provided further, That 

the total amount available for management and administration 

of such programs shall not exceed $213,388,000: Provided further, 

That notwithstanding section 205 of this Act, upon a determination 

Determination. 


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PUBLIC LAW 111–117—DEC. 16, 2009 123 STAT. 3139 

by the Attorney General that emergent circumstances require additional funding for management and administration of such programs, the Attorney General may transfer such amounts to ‘‘Salaries and Expenses’’ from available appropriations for the current 

fiscal year for the Department of Justice as may be necessary 

to respond to such circumstances: Provided further, That any 

transfer pursuant to the previous proviso shall be treated as a 

reprogramming under section 505 of this Act and shall not be 

available for obligation or expenditure except in compliance with 

the procedures set forth in that section. 

GENERAL PROVISIONS—DEPARTMENT OF JUSTICE

SEC. 201. In addition to amounts otherwise made available 

in this title for official reception and representation expenses, a 

total of not to exceed $75,000 from funds appropriated to the Department of Justice in this title shall be available to the Attorney 

General for official reception and representation expenses. 

SEC. 202. None of the funds appropriated by this title shall 

be available to pay for an abortion, except where the life of the 

mother would be endangered if the fetus were carried to term, 

or in the case of rape: Provided, That should this prohibition be 

declared unconstitutional by a court of competent jurisdiction, this 

section shall be null and void. 

SEC. 203. None of the funds appropriated under this title shall 

be used to require any person to perform, or facilitate in any 

way the performance of, any abortion. 

SEC. 204. Nothing in the preceding section shall remove the 

obligation of the Director of the Bureau of Prisons to provide escort 

services necessary for a female inmate to receive such service outside the Federal facility: Provided, That nothing in this section 

in any way diminishes the effect of section 203 intended to address 

the philosophical beliefs of individual employees of the Bureau 

of Prisons. 

SEC. 205. Not to exceed 5 percent of any appropriation made 

available for the current fiscal year for the Department of Justice 

in this Act may be transferred between such appropriations, but 

no such appropriation, except as otherwise specifically provided, 

shall be increased by more than 10 percent by any such transfers: 

Provided, That any transfer pursuant to this section shall be treated 

as a reprogramming of funds under section 505 of this Act and 

shall not be available for obligation except in compliance with 

the procedures set forth in that section. 

SEC. 206. The Attorney General is authorized to extend through 

September 30, 2011, the Personnel Management Demonstration 

Project transferred to the Attorney General pursuant to section 

1115 of the Homeland Security Act of 2002, Public Law 107– 

296 (6 U.S.C. 533) without limitation on the number of employees 

or the positions covered. 

SEC. 207. Notwithstanding any other provision of law, Public 

Law 102–395 section 102(b) shall extend to the Bureau of Alcohol, 

Tobacco, Firearms and Explosives in the conduct of undercover 

investigative operations and shall apply without fiscal year limitation with respect to any undercover investigative operation by the 

Bureau of Alcohol, Tobacco, Firearms and Explosives that is necessary for the detection and prosecution of crimes against the 

United States. 

Investigations. 

Applicability. 

28 USC 533 note. 

Project extension. 

5 USC 3104 note. 

Abortion. 

Abortion. 


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123 STAT. 3140 PUBLIC LAW 111–117—DEC. 16, 2009 

SEC. 208. None of the funds made available to the Department 

of Justice in this Act may be used for the purpose of transporting 

an individual who is a prisoner pursuant to conviction for crime 

under State or Federal law and is classified as a maximum or 

high security prisoner, other than to a prison or other facility 

certified by the Federal Bureau of Prisons as appropriately secure 

for housing such a prisoner. 

SEC. 209. (a) None of the funds appropriated by this Act may 

be used by Federal prisons to purchase cable television services, 

to rent or purchase videocassettes, videocassette recorders, or other 

audiovisual or electronic equipment used primarily for recreational 

purposes. 

(b) The preceding sentence does not preclude the renting, 

maintenance, or purchase of audiovisual or electronic equipment 

for inmate training, religious, or educational programs. 

SEC. 210. None of the funds made available under this title 

shall be obligated or expended for Sentinel, or for any other major 

new or enhanced information technology program having total estimated development costs in excess of $100,000,000, unless the 

Deputy Attorney General and the investment review board certify 

to the Committees on Appropriations that the information technology program has appropriate program management and contractor oversight mechanisms in place, and that the program is 

compatible with the enterprise architecture of the Department of 

Justice. 

SEC. 211. The notification thresholds and procedures set forth 

in section 505 of this Act shall apply to deviations from the amounts 

designated for specific activities in this Act and accompanying statement, and to any use of deobligated balances of funds provided 

under this title in previous years. 

SEC. 212. None of the funds appropriated by this Act may 

be used to plan for, begin, continue, finish, process, or approve 

a public-private competition under the Office of Management and 

Budget Circular A–76 or any successor administrative regulation, 

directive, or policy for work performed by employees of the Bureau 

of Prisons or of Federal Prison Industries, Incorporated. 

SEC. 213. Notwithstanding any other provision of law, no funds 

shall be available for the salary, benefits, or expenses of any United 

States Attorney assigned dual or additional responsibilities by the 

Attorney General or his designee that exempt that United States 

Attorney from the residency requirements of 28 U.S.C. 545. 

SEC. 214. None of the funds appropriated in this or any other 

Act shall be obligated for the initiation of a future phase of the 

Federal Bureau of Investigation’s Sentinel program until the 

Attorney General certifies to the Committees on Appropriations 

that existing phases currently under contract for development or 

fielding have completed a majority of the work for that phase 

under the performance measurement baseline validated by the 

integrated baseline review conducted in 2008: Provided, That this 

restriction does not apply to planning and design activities for 

future phases: Provided further, That the Bureau will notify the 

Committees on Appropriations of any significant changes to the 

baseline. 

SEC. 215. In addition to any amounts that otherwise may 

be available (or authorized to be made available) by law, with 

respect to funds appropriated by this Act under the headings ‘‘Justice Assistance’’, ‘‘State and Local Law Enforcement Assistance’’, 

Notification. 

Certification. 

Notification. 

Applicability. 

Sentinel. 

Certification. 


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PUBLIC LAW 111–117—DEC. 16, 2009 123 STAT. 3141 

‘‘Weed and Seed’’, ‘‘Juvenile Justice Programs’’, and ‘‘Community 

Oriented Policing Services’’— 

(1) Up to 3 percent of funds made available to the Office 

of Justice Programs for grants or reimbursement may be used 

to provide training and technical assistance; and 

(2) Up to 1 percent of funds made available to such Office 

for formula grants under such headings may be used for 

research or statistical purposes by the National Institute of 

Justice or the Bureau of Justice Statistics, pursuant to, respectively, sections 201 and 202, and sections 301 and 302 of 

title I of Public Law 90–351. 

SEC. 216. The Attorney General may, upon request by a grantee 

and based upon a determination of fiscal hardship, waive the 

requirements of paragraph (1) of section 2976(g) of the Omnibus 

Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3797w(g)(1)) 

with respect to funds appropriated in this or any other Act making 

appropriations for fiscal years 2009 and 2010 for Adult and Juvenile 

Offender State and Local Reentry Demonstration Projects authorized under part FF of such Act of 1968. 

SEC. 217. Section 5759 of title 5, United States Code, is 

amended by striking subsection (e). 

SEC. 218. (a) The Attorney General shall submit quarterly 

reports to the Inspector General of the Department of Justice 

regarding the costs and contracting procedures relating to each 

conference held by the Department of Justice during fiscal year 

2010 for which the cost to the Government was more than $20,000. 

(b) Each report submitted under subsection (a) shall include, 

for each conference described in that subsection held during the 

applicable quarter— 

(1) a description of the subject of and number of participants attending that conference; 

(2) a detailed statement of the costs to the Government 

relating to that conference, including— 

(A) the cost of any food or beverages; 

(B) the cost of any audio-visual services; and 

(C) a discussion of the methodology used to determine 

which costs relate to that conference; and 

(3) a description of the contracting procedures relating 

to that conference, including— 

(A) whether contracts were awarded on a competitive 

basis for that conference; and 

(B) a discussion of any cost comparison conducted by 

the Department of Justice in evaluating potential contractors for that conference. 

SEC. 219. (a) Subchapter IV of chapter 57 of title 5, United 

States Code, is amended by adding at the end the following: 

‘‘§ 5761. Foreign language proficiency pay awards for the Federal Bureau 

of Investigation 

‘‘The Director of the Federal Bureau of Investigation may, 

under regulations prescribed by the Director, pay a cash award 

of up to 10 percent of basic pay to any Bureau employee who 

maintains proficiency in a language or languages critical to the 

mission or who uses one or more foreign languages in the performance of official duties.’’. 

Regulations. 

5 USC 5761. 

Deadlines. 

Reports. 

Determination. 

Waiver authority. 


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123 STAT. 3142 PUBLIC LAW 111–117—DEC. 16, 2009 

(b) The analysis for chapter 57 of title 5, United States Code, 

is amended by adding at the end the following: 

‘‘5761. Foreign language proficiency pay awards for the Federal Bureau of Investigation.’’ 

SEC. 220. For purposes of the allocation under section 505(d)(1) 

of title I of Public Law 90–351 (42 U.S.C. 3755(d)(1)) for fiscal 

year 2010, the Attorney General is authorized to waive the application of section 505(e)(3) (42 U.S.C. 3755(e)(3)) to any non-reporting 

unit of local government that— 

(1) was eligible to receive an allocation under section 

505(d)(2)(B) (42 U.S.C. 3755(d)(2)(B)); 

(2) agrees to begin to report timely data on part I violent 

crimes of the Uniform Crime Reports to the Federal Bureau 

of Investigation by not later than the end of such fiscal year; 

and 

(3) does so begin in accordance with such agreement. 

This title may be cited as the ‘‘Department of Justice Appropriations Act, 2010’’. 

TITLE III 

SCIENCE 

OFFICE OF SCIENCE AND TECHNOLOGY POLICY

For necessary expenses of the Office of Science and Technology 

Policy, in carrying out the purposes of the National Science and 

Technology Policy, Organization, and Priorities Act of 1976 (42 

U.S.C. 6601–6671), hire of passenger motor vehicles, and services 

as authorized by 5 U.S.C. 3109, not to exceed $2,500 for official 

reception and representation expenses, and rental of conference 

rooms in the District of Columbia, $7,000,000. 

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

SCIENCE

For necessary expenses, not otherwise provided for, in the 

conduct and support of science research and development activities, 

including research, development, operations, support, and services; 

maintenance; space flight, spacecraft control, and communications 

activities; program management; personnel and related costs, 

including uniforms or allowances therefor, as authorized by 5 U.S.C. 

5901–5902; travel expenses; purchase and hire of passenger motor 

vehicles; and purchase, lease, charter, maintenance, and operation 

of mission and administrative aircraft, $4,469,000,000, to remain 

available until September 30, 2011. 

AERONAUTICS

For necessary expenses, not otherwise provided for, in the 

conduct and support of aeronautics research and development activities, including research, development, operations, support, and services; maintenance; space flight, spacecraft control, and communications activities; program management; personnel and related costs, 

including uniforms or allowances therefor, as authorized by 5 U.S.C. 

5901–5902; travel expenses; purchase and hire of passenger motor 

vehicles; and purchase, lease, charter, maintenance, and operation 

Science 

Appropriations 

Act, 2010. 

Reports. 

Deadline. 

Waiver authority. 


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PUBLIC LAW 111–117—DEC. 16, 2009 123 STAT. 3143 

of mission and administrative aircraft, $501,000,000, to remain 

available until September 30, 2011. 

EXPLORATION

For necessary expenses, not otherwise provided for, in the 

conduct and support of exploration research and development activities, including research, development, operations, support, and services; maintenance; space flight, spacecraft control, and communications activities; program management, personnel and related costs, 

including uniforms or allowances therefor, as authorized by 5 U.S.C. 

5901–5902; travel expenses; purchase and hire of passenger motor 

vehicles; and purchase, lease, charter, maintenance, and operation 

of mission and administrative aircraft, $3,746,300,000, to remain 

available until September 30, 2011: Provided, That notwithstanding 

section 505 of this Act, none of the funds provided herein and 

from prior years that remain available for obligation during fiscal 

year 2010 shall be available for the termination or elimination 

of any program, project or activity of the architecture for the Constellation program nor shall such funds be available to create or 

initiate a new program, project or activity, unless such program 

termination, elimination, creation, or initiation is provided in subsequent appropriations Acts. 

SPACE OPERATIONS

For necessary expenses, not otherwise provided for, in the 

conduct and support of space operations research and development 

activities, including research, development, operations, support and 

services; space flight, spacecraft control and communications activities including operations, production, and services; maintenance; 

program management; personnel and related costs, including uniforms or allowances therefor, as authorized by 5 U.S.C. 5901– 

5902; travel expenses; purchase and hire of passenger motor 

vehicles; and purchase, lease, charter, maintenance and operation 

of mission and administrative aircraft, $6,146,800,000, to remain 

available until September 30, 2011: Provided, That of the amounts 

provided under this heading, not more than $3,157,100,000 shall 

be for Space Shuttle operations, production, research, development, 

and support, not more than $2,317,000,000 shall be for International 

Space Station operations, production, research, development, and 

support, and not more than $751,500,000 shall be for Space and 

Flight Support. 

EDUCATION

For necessary expenses, not otherwise provided for, in carrying 

out aerospace and aeronautical education research and development 

activities, including research, development, operations, support, and 

services; program management; personnel and related costs, uniforms or allowances therefor, as authorized by 5 U.S.C. 5901– 

5902; travel expenses; purchase and hire of passenger motor 

vehicles; and purchase, lease, charter, maintenance, and operation 

of mission and administrative aircraft, $182,500,000, to remain 

available until September 30, 2011. 


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123 STAT. 3144 PUBLIC LAW 111–117—DEC. 16, 2009 

CROSS AGENCY SUPPORT

For necessary expenses, not otherwise provided for, in the 

conduct and support of science, aeronautics, exploration, space operations and education research and development activities, including 

research, development, operations, support, and services; maintenance; space flight, spacecraft control, and communications activities; program management; personnel and related costs, including 

uniforms or allowances therefor, as authorized by 5 U.S.C. 5901– 

5902; travel expenses; purchase and hire of passenger motor 

vehicles; not to exceed $70,000 for official reception and representation expenses; and purchase, lease, charter, maintenance, and operation of mission and administrative aircraft, $3,194,000,000: Provided, That not more than $2,206,300,000 shall be available for 

center management and operations: Provided further, That not less 

than $40,000,000 shall be available for independent verification 

and validation activities: Provided further, That within the amounts 

appropriated, $63,000,000 shall be used for the projects, and in 

the amounts, specified in the explanatory statement accompanying 

this Act. 

CONSTRUCTION AND ENVIRONMENTAL COMPLIANCE AND REMEDIATION

For necessary expenses for construction of facilities including 

repair, rehabilitation, revitalization, and modification of facilities, 

construction of new facilities and additions to existing facilities, 

facility planning and design, and restoration, and acquisition or 

condemnation of real property, as authorized by law, and environmental compliance and restoration, $448,300,000, to remain available until September 30, 2015: Provided, That within the funds 

provided, $13,700,000 shall be available to support science research 

and development activities; $90,800,000 shall be available to support exploration research and development activities; $27,300,000 

shall be available to support space operations research and development activities; and $316,500,000 shall be available for cross agency 

support activities: Provided further, That hereafter, notwithstanding 

section 315 of the National Aeronautics and Space Act of 1958 

(42 U.S.C. 2459j), all proceeds from leases entered into under that 

section shall be deposited into this account and shall be available 

for a period of 5 years, to the extent provided in annual appropriations Acts: Provided further, That such proceeds shall be available 

for obligation for fiscal year 2010 in an amount not to exceed 

$6,226,000: Provided further, That each annual budget request shall 

include an annual estimate of gross receipts and collections and 

proposed use of all funds collected pursuant to section 315 of the 

National Aeronautics and Space Act of 1958 (42 U.S.C. 2459j). 

OFFICE OF INSPECTOR GENERAL

For necessary expenses of the Office of Inspector General in 

carrying out the Inspector General Act of 1978, $36,400,000. 

ADMINISTRATIVE PROVISIONS

Funds for announced prizes otherwise authorized shall remain 

available, without fiscal year limitation, until the prize is claimed 

or the offer is withdrawn. 

42 USC 16611b 

note. 

Contracts. 

Time period. 

42 USC 2459j–1. 


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PUBLIC LAW 111–117—DEC. 16, 2009 123 STAT. 3145 

Not to exceed 5 percent of any appropriation made available 

for the current fiscal year for the National Aeronautics and Space 

Administration in this Act may be transferred between such appropriations, but no such appropriation, except as otherwise specifically 

provided, shall be increased by more than 10 percent by any such 

transfers. Any transfer pursuant to this provision shall be treated 

as a reprogramming of funds under section 505 of this Act and 

shall not be available for obligation except in compliance with 

the procedures set forth in that section. 

Notwithstanding any other provision of law, no funds shall 

be used to implement by Reduction in Force or other involuntary 

separations (except for cause) by the National Aeronautics and 

Space Administration prior to September 30, 2010. 

The unexpired balances of the Science, Aeronautics, and Exploration account, for activities for which funds are provided under 

this Act, may be transferred to the new accounts established in 

this Act that provide such activity. Balances so transferred shall 

be merged with the funds in the newly established accounts, but 

shall be available under the same terms, conditions and period 

of time as previously appropriated. 

NATIONAL SCIENCE FOUNDATION

RESEARCH AND RELATED ACTIVITIES

(INCLUDING TRANSFER OF FUNDS)

For necessary expenses in carrying out the National Science 

Foundation Act of 1950, as amended (42 U.S.C. 1861–1875), and 

the Act to establish a National Medal of Science (42 U.S.C. 1880– 

1881); services as authorized by 5 U.S.C. 3109; maintenance and 

operation of aircraft and purchase of flight services for research 

support; acquisition of aircraft; and authorized travel; 

$5,617,920,000, to remain available until September 30, 2011, of 

which not to exceed $570,000,000 shall remain available until 

expended for polar research and operations support, and for 

reimbursement to other Federal agencies for operational and science 

support and logistical and other related activities for the United 

States Antarctic program: Provided, That from funds specified in 

the fiscal year 2010 budget request for icebreaking services, 

$54,000,000 shall be transferred to the U.S. Coast Guard ‘‘Operating 

Expenses’’ within 60 days of enactment of this Act: Provided further, 

That receipts for scientific support services and materials furnished 

by the National Research Centers and other National Science 

Foundation supported research facilities may be credited to this 

appropriation: Provided further, That not less than $147,120,000 

shall be available for activities authorized by section 

7002(c)(2)(A)(iv) of Public Law 110–69. 

MAJOR RESEARCH EQUIPMENT AND FACILITIES CONSTRUCTION

For necessary expenses for the acquisition, construction, 

commissioning, and upgrading of major research equipment, facilities, and other such capital assets pursuant to the National Science 

Foundation Act of 1950, as amended (42 U.S.C. 1861–1875), 

including authorized travel, $117,290,000, to remain available until 

expended: Provided, That none of the funds may be used to 

reimburse the Judgment Fund. 

Deadline. 


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123 STAT. 3146 PUBLIC LAW 111–117—DEC. 16, 2009 

EDUCATION AND HUMAN RESOURCES

For necessary expenses in carrying out science, mathematics 

and engineering education and human resources programs and 

activities pursuant to the National Science Foundation Act of 1950, 

as amended (42 U.S.C. 1861–1875), including services as authorized 

by 5 U.S.C. 3109, authorized travel, and rental of conference rooms 

in the District of Columbia, $872,760,000, to remain available until 

September 30, 2011: Provided, That not less than $55,000,000 shall 

be available until expended for activities authorized by section 

7030 of Public Law 110–69: Provided further, That not less than 

$32,000,000 shall be available until expended for the Historically 

Black Colleges and Universities Undergraduate Program. 

AGENCY OPERATIONS AND AWARD MANAGEMENT

For agency operations and award management necessary in 

carrying out the National Science Foundation Act of 1950, as 

amended (42 U.S.C. 1861–1875); services authorized by 5 U.S.C. 

3109; hire of passenger motor vehicles; not to exceed $9,200 for 

official reception and representation expenses; uniforms or allowances therefor, as authorized by 5 U.S.C. 5901–5902; rental of 

conference rooms in the District of Columbia; and reimbursement 

of the Department of Homeland Security for security guard services; 

$300,000,000: Provided, That contracts may be entered into under 

this heading in fiscal year 2010 for maintenance and operation 

of facilities, and for other services, to be provided during the next 

fiscal year. 

OFFICE OF THE NATIONAL SCIENCE BOARD

For necessary expenses (including payment of salaries, authorized travel, hire of passenger motor vehicles, the rental of conference 

rooms in the District of Columbia, and the employment of experts 

and consultants under section 3109 of title 5, United States Code) 

involved in carrying out section 4 of the National Science Foundation Act of 1950, as amended (42 U.S.C. 1863) and Public Law 

86–209 (42 U.S.C. 1880 et seq.), $4,540,000: Provided, That not 

to exceed $2,800 shall be available for official reception and representation expenses. 

OFFICE OF INSPECTOR GENERAL

For necessary expenses of the Office of Inspector General as 

authorized by the Inspector General Act of 1978, as amended, 

$14,000,000. 

This title may be cited as the ‘‘Science Appropriations Act, 

2010’’. 


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PUBLIC LAW 111–117—DEC. 16, 2009 123 STAT. 3147 

TITLE IV 

RELATED AGENCIES 

COMMISSION ON CIVIL RIGHTS

SALARIES AND EXPENSES

For necessary expenses of the Commission on Civil Rights, 

including hire of passenger motor vehicles, $9,400,000: Provided, 

That none of the funds appropriated in this paragraph shall be 

used to employ in excess of four full-time individuals under Schedule 

C of the Excepted Service exclusive of one special assistant for 

each Commissioner: Provided further, That none of the funds appropriated in this paragraph shall be used to reimburse Commissioners 

for more than 75 billable days, with the exception of the chairperson, 

who is permitted 125 billable days. 

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

SALARIES AND EXPENSES

For necessary expenses of the Equal Employment Opportunity 

Commission as authorized by title VII of the Civil Rights Act 

of 1964, the Age Discrimination in Employment Act of 1967, the 

Equal Pay Act of 1963, the Americans with Disabilities Act of 

1990, the Civil Rights Act of 1991, the Genetic Information NonDiscrimination Act (GINA) of 2008 (Public Law 110–233), the ADA 

Amendments Act of 2008 (Public Law 110–325), and the Lilly 

Ledbetter Fair Pay Act of 2009 (Public Law 111–2), including services as authorized by 5 U.S.C. 3109; hire of passenger motor vehicles 

as authorized by 31 U.S.C. 1343(b); nonmonetary awards to private 

citizens; and not to exceed $30,000,000 for payments to State and 

local enforcement agencies for authorized services to the Commission, $367,303,000: Provided, That the Commission is authorized 

to make available for official reception and representation expenses 

not to exceed $2,500 from available funds: Provided further, That 

the Commission may take no action to implement any workforce 

repositioning, restructuring, or reorganization until such time as 

the House and Senate Committees on Appropriations have been 

notified of such proposals, in accordance with the reprogramming 

requirements of section 505 of this Act: Provided further, That 

the Chair is authorized to accept and use any gift or donation 

to carry out the work of the Commission. 

INTERNATIONAL TRADE COMMISSION

SALARIES AND EXPENSES

For necessary expenses of the International Trade Commission, 

including hire of passenger motor vehicles, and services as authorized by 5 U.S.C. 3109, and not to exceed $2,500 for official reception 

and representation expenses, $81,860,000, to remain available until 

expended. 

Notification. 


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123 STAT. 3148 PUBLIC LAW 111–117—DEC. 16, 2009 

LEGAL SERVICES CORPORATION

PAYMENT TO THE LEGAL SERVICES CORPORATION

For payment to the Legal Services Corporation to carry out 

the purposes of the Legal Services Corporation Act of 1974, 

$420,000,000, of which $394,400,000 is for basic field programs 

and required independent audits; $4,200,000 is for the Office of 

Inspector General, of which such amounts as may be necessary 

may be used to conduct additional audits of recipients; $17,000,000 

is for management and grants oversight; $3,400,000 is for client 

self-help and information technology; and $1,000,000 is for loan 

repayment assistance: Provided, That the Legal Services Corporation may continue to provide locality pay to officers and employees 

at a rate no greater than that provided by the Federal Government 

to Washington, DC-based employees as authorized by 5 U.S.C. 

5304, notwithstanding section 1005(d) of the Legal Services Corporation Act, 42 U.S.C. 2996(d): Provided further, That the authorities provided in section 205 of this Act shall be applicable to 

the Legal Services Corporation. 

ADMINISTRATIVE PROVISION—LEGAL SERVICES CORPORATION

None of the funds appropriated in this Act to the Legal Services 

Corporation shall be expended for any purpose prohibited or limited 

by, or contrary to any of the provisions of, sections 501, 502, 

503, 504, 505, and 506 of Public Law 105–119, and all funds 

appropriated in this Act to the Legal Services Corporation shall 

be subject to the same terms and conditions set forth in such 

sections, except that all references in sections 502 and 503 to 

1997 and 1998 shall be deemed to refer instead to 2009 and 2010, 

respectively. 

MARINE MAMMAL COMMISSION

SALARIES AND EXPENSES

For necessary expenses of the Marine Mammal Commission 

as authorized by title II of Public Law 92–522, $3,250,000. 

OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

SALARIES AND EXPENSES

For necessary expenses of the Office of the United States Trade 

Representative, including the hire of passenger motor vehicles and 

the employment of experts and consultants as authorized by 5 

U.S.C. 3109, $47,826,000, of which $1,000,000 shall remain available until expended: Provided, That not to exceed $124,000 shall 

be available for official reception and representation expenses: Provided further, That negotiations shall be conducted within the World 

Trade Organization to recognize the right of members to distribute 

monies collected from antidumping and countervailing duties: Provided further, That negotiations shall be conducted within the World 

Trade Organization consistent with the negotiating objectives contained in the Trade Act of 2002, Public Law 107–210. 

Negotiations. 

Negotiations. 

Applicability. 


ccoleman on DSK8P6SHH1 with PUBLIC LAWS
PUBLIC LAW 111–117—DEC. 16, 2009 123 STAT. 3149 

STATE JUSTICE INSTITUTE

SALARIES AND EXPENSES

For necessary expenses of the State Justice Institute, as authorized by the State Justice Institute Authorization Act of 1984 (42 

U.S.C. 10701 et seq.) $5,131,000, of which $500,000 shall remain 

available until September 30, 2011: Provided, That not to exceed 

$2,500 shall be available for official reception and representation 

expenses. 

TITLE V 

GENERAL PROVISIONS 

SEC. 501. No part of any appropriation contained in this Act 

shall be used for publicity or propaganda purposes not authorized 

by the Congress. 

SEC. 502. No part of any appropriation contained in this Act 

shall remain available for obligation beyond the current fiscal year 

unless expressly so provided herein. 

SEC. 503. The expenditure of any appropriation under this 

Act for any consulting service through procurement contract, pursuant to 5 U.S.C. 3109, shall be limited to those contracts where 

such expenditures are a matter of public record and available 

for public inspection, except where otherwise provided under 

existing law, or under existing Executive order issued pursuant 

to existing law. 

SEC. 504. If any provision of this Act or the application of 

such provision to any person or circumstances shall be held invalid, 

the remainder of the Act and the application of each provision 

to persons or circumstances other than those as to which it is 

held invalid shall not be affected thereby. 

SEC. 505. (a) None of the funds provided under this Act, or 

provided under previous appropriations Acts to the agencies funded 

by this Act that remain available for obligation or expenditure 

in fiscal year 2010, or provided from any accounts in the Treasury 

of the United States derived by the collection of fees available 

to the agencies funded by this Act, shall be available for obligation 

or expenditure through the reprogramming of funds that— 

(1) creates or initiates a new program, project or activity; 

(2) eliminates a program, project or activity, unless the 

House and Senate Committees on Appropriations are notified 

15 days in advance of such reprogramming of funds; 

(3) increases funds or personnel by any means for any 

project or activity for which funds have been denied or restricted 

by this Act, unless the House and Senate Committees on Appropriations are notified 15 days in advance of such reprogramming of funds; 

(4) relocates an office or employees, unless the House and 

Senate Committees on Appropriations are notified 15 days in 

advance of such reprogramming of funds; 

(5) reorganizes or renames offices, programs or activities, 

unless the House and Senate Committees on Appropriations 

are notified 15 days in advance of such reprogramming of 

funds; 

(6) contracts out or privatizes any functions or activities 

presently performed by Federal employees, unless the House 

Notifications. 

Deadlines. 

Contracts. 


ccoleman on DSK8P6SHH1 with PUBLIC LAWS
123 STAT. 3150 PUBLIC LAW 111–117—DEC. 16, 2009 

and Senate Committees on Appropriations are notified 15 days 

in advance of such reprogramming of funds; 

(7) proposes to use funds directed for a specific activity 

by either the House or Senate Committee on Appropriations 

for a different purpose, unless the House and Senate Committees on Appropriations are notified 15 days in advance of such 

reprogramming of funds; 

(8) augments funds for existing programs, projects or activities in excess of $500,000 or 10 percent, whichever is less, 

or reduces by 10 percent funding for any program, project 

or activity, or numbers of personnel by 10 percent as approved 

by Congress, unless the House and Senate Committees on 

Appropriations are notified 15 days in advance of such reprogramming of funds; or 

(9) results from any general savings, including savings 

from a reduction in personnel, which would result in a change 

in existing programs, projects or activities as approved by Congress, unless the House and Senate Committees on Appropriations are notified 15 days in advance of such reprogramming 

of funds. 

(b) None of the funds in provided under this Act, or provided 

under previous appropriations Acts to the agencies funded by this 

Act that remain available for obligation or expenditure in fiscal 

year 2010, or provided from any accounts in the Treasury of the 

United States derived by the collection of fees available to the 

agencies funded by this Act, shall be available for obligation or 

expenditure through the reprogramming of funds after August 1, 

except in extraordinary circumstances, and only after the House 

and Senate Committees on Appropriations are notified 30 days 

in advance of such reprogramming of funds. 

SEC. 506. Hereafter, none of the funds made available in this 

or any other Act may be used to implement, administer, or enforce 

any guidelines of the Equal Employment Opportunity Commission 

covering harassment based on religion, when it is made known 

to the Federal entity or official to which such funds are made 

available that such guidelines do not differ in any respect from 

the proposed guidelines published by the Commission on October 

1, 1993 (58 Fed. Reg. 51266). 

SEC. 507. If it has been finally determined by a court or Federal 

agency that any person intentionally affixed a label bearing a 

‘‘Made in America’’ inscription, or any inscription with the same 

meaning, to any product sold in or shipped to the United States 

that is not made in the United States, the person shall be ineligible 

to receive any contract or subcontract made with funds made available in this Act, pursuant to the debarment, suspension, and ineligibility procedures described in sections 9.400 through 9.409 of title 

48, Code of Federal Regulations. 

SEC. 508. The Departments of Commerce and Justice, the 

National Science Foundation, and the National Aeronautics and 

Space Administration, shall provide to the House and Senate 

Committees on Appropriations a quarterly accounting of the cumulative balances of any unobligated funds that were received by 

such agency during any previous fiscal year. 

SEC. 509. Any costs incurred by a department or agency funded 

under this Act resulting from, or to prevent, personnel actions 

taken in response to funding reductions included in this Act shall 

be absorbed within the total budgetary resources available to such 

Deadlines. 

Reports. 

Religious 

harassment. 

42 USC 2000e–12 

note. 


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PUBLIC LAW 111–117—DEC. 16, 2009 123 STAT. 3151 

department or agency: Provided, That the authority to transfer 

funds between appropriations accounts as may be necessary to 

carry out this section is provided in addition to authorities included 

elsewhere in this Act: Provided further, That use of funds to carry 

out this section shall be treated as a reprogramming of funds 

under section 505 of this Act and shall not be available for obligation 

or expenditure except in compliance with the procedures set forth 

in that section. 

SEC. 510. None of the funds provided by this Act shall be 

available to promote the sale or export of tobacco or tobacco products, or to seek the reduction or removal by any foreign country 

of restrictions on the marketing of tobacco or tobacco products, 

except for restrictions which are not applied equally to all tobacco 

or tobacco products of the same type. 

SEC. 511. None of the funds appropriated pursuant to this 

Act or any other provision of law may be used for— 

(1) the implementation of any tax or fee in connection 

with the implementation of subsection 922(t) of title 18, United 

States Code; and 

(2) any system to implement subsection 922(t) of title 18, 

United States Code, that does not require and result in the 

destruction of any identifying information submitted by or on 

behalf of any person who has been determined not to be prohibited from possessing or receiving a firearm no more than 24 

hours after the system advises a Federal firearms licensee 

that possession or receipt of a firearm by the prospective transferee would not violate subsection (g) or (n) of section 922 

of title 18, United States Code, or State law. 

SEC. 512. Notwithstanding any other provision of law, amounts 

deposited or available in the Fund established under 42 U.S.C. 

10601 in any fiscal year in excess of $705,000,000 shall not be 

available for obligation until the following fiscal year. 

SEC. 513. None of the funds made available to the Department 

of Justice in this Act may be used to discriminate against or 

denigrate the religious or moral beliefs of students who participate 

in programs for which financial assistance is provided from those 

funds, or of the parents or legal guardians of such students. 

SEC. 514. None of the funds made available in this Act may 

be transferred to any department, agency, or instrumentality of 

the United States Government, except pursuant to a transfer made 

by, or transfer authority provided in, this Act or any other appropriations Act. 

SEC. 515. Any funds provided in this Act used to implement 

E-Government Initiatives shall be subject to the procedures set 

forth in section 505 of this Act. 

SEC. 516. (a) Tracing studies conducted by the Bureau of 

Alcohol, Tobacco, Firearms and Explosives are released without 

adequate disclaimers regarding the limitations of the data. 

(b) The Bureau of Alcohol, Tobacco, Firearms and Explosives 

shall include in all such data releases, language similar to the 

following that would make clear that trace data cannot be used 

to draw broad conclusions about firearms-related crime: 

(1) Firearm traces are designed to assist law enforcement 

authorities in conducting investigations by tracking the sale 

and possession of specific firearms. Law enforcement agencies 

may request firearms traces for any reason, and those reasons 

are not necessarily reported to the Federal Government. Not 

Firearm traces. 

Discrimination. 

42 USC 10601 

note. 

Firearms. 

Tobacco and 

tobacco products. 

Transfer 

authority. 


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123 STAT. 3152 PUBLIC LAW 111–117—DEC. 16, 2009 

all firearms used in crime are traced and not all firearms 

traced are used in crime. 

(2) Firearms selected for tracing are not chosen for purposes 

of determining which types, makes, or models of firearms are 

used for illicit purposes. The firearms selected do not constitute 

a random sample and should not be considered representative 

of the larger universe of all firearms used by criminals, or 

any subset of that universe. Firearms are normally traced 

to the first retail seller, and sources reported for firearms 

traced do not necessarily represent the sources or methods 

by which firearms in general are acquired for use in crime. 

SEC. 517. (a) The Inspectors General of the Department of 

Commerce, the Department of Justice, the National Aeronautics 

and Space Administration, the National Science Foundation, and 

the Legal Services Corporation shall conduct audits, pursuant to 

the Inspector General Act (5 U.S.C. App.), of grants or contracts 

for which funds are appropriated by this Act, and shall submit 

reports to Congress on the progress of such audits, which may 

include preliminary findings and a description of areas of particular 

interest, within 180 days after initiating such an audit and every 

180 days thereafter until any such audit is completed. 

(b) Within 60 days after the date on which an audit described 

in subsection (a) by an Inspector General is completed, the Secretary, Attorney General, Administrator, Director, or President, 

as appropriate, shall make the results of the audit available to 

the public on the Internet website maintained by the Department, 

Administration, Foundation, or Corporation, respectively. The 

results shall be made available in redacted form to exclude— 

(1) any matter described in section 552(b) of title 5, United 

States Code; and 

(2) sensitive personal information for any individual, the 

public access to which could be used to commit identity theft 

or for other inappropriate or unlawful purposes. 

(c) A grant or contract funded by amounts appropriated by 

this Act may not be used for the purpose of defraying the costs 

of a banquet or conference that is not directly and programmatically 

related to the purpose for which the grant or contract was awarded, 

such as a banquet or conference held in connection with planning, 

training, assessment, review, or other routine purposes related to 

a project funded by the grant or contract. 

(d) Any person awarded a grant or contract funded by amounts 

appropriated by this Act shall submit a statement to the Secretary 

of Commerce, the Attorney General, the Administrator, Director, 

or President, as appropriate, certifying that no funds derived from 

the grant or contract will be made available through a subcontract 

or in any other manner to another person who has a financial 

interest in the person awarded the grant or contract. 

(e) The provisions of the preceding subsections of this section 

shall take effect 30 days after the date on which the Director 

of the Office of Management and Budget, in consultation with 

the Director of the Office of Government Ethics, determines that 

a uniform set of rules and requirements, substantially similar to 

the requirements in such subsections, consistently apply under 

the executive branch ethics program to all Federal departments, 

agencies, and entities. 

Effective date. 

Determination. 

Certification. 

Deadline. 

Public 

information. 

Web posting. 

Audits. 

Reports. 

Deadlines. 


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PUBLIC LAW 111–117—DEC. 16, 2009 123 STAT. 3153 

SEC. 518. None of the funds appropriated or otherwise made 

available under this Act may be used to issue patents on claims 

directed to or encompassing a human organism. 

SEC. 519. None of the funds made available in this Act shall 

be used in any way whatsoever to support or justify the use of 

torture by any official or contract employee of the United States 

Government. 

SEC. 520. (a) Notwithstanding any other provision of law or 

treaty, none of the funds appropriated or otherwise made available 

under this Act or any other Act may be expended or obligated 

by a department, agency, or instrumentality of the United States 

to pay administrative expenses or to compensate an officer or 

employee of the United States in connection with requiring an 

export license for the export to Canada of components, parts, accessories or attachments for firearms listed in Category I, section 

121.1 of title 22, Code of Federal Regulations (International Trafficking in Arms Regulations (ITAR), part 121, as it existed on 

April 1, 2005) with a total value not exceeding $500 wholesale 

in any transaction, provided that the conditions of subsection (b) 

of this section are met by the exporting party for such articles. 

(b) The foregoing exemption from obtaining an export license— 

(1) does not exempt an exporter from filing any Shipper’s 

Export Declaration or notification letter required by law, or 

from being otherwise eligible under the laws of the United 

States to possess, ship, transport, or export the articles enumerated in subsection (a); and 

(2) does not permit the export without a license of— 

(A) fully automatic firearms and components and parts 

for such firearms, other than for end use by the Federal 

Government, or a Provincial or Municipal Government of 

Canada; 

(B) barrels, cylinders, receivers (frames) or complete 

breech mechanisms for any firearm listed in Category I, 

other than for end use by the Federal Government, or 

a Provincial or Municipal Government of Canada; or 

(C) articles for export from Canada to another foreign 

destination. 

(c) In accordance with this section, the District Directors of 

Customs and postmasters shall permit the permanent or temporary 

export without a license of any unclassified articles specified in 

subsection (a) to Canada for end use in Canada or return to the 

United States, or temporary import of Canadian-origin items from 

Canada for end use in the United States or return to Canada 

for a Canadian citizen. 

(d) The President may require export licenses under this section 

on a temporary basis if the President determines, upon publication 

first in the Federal Register, that the Government of Canada has 

implemented or maintained inadequate import controls for the articles specified in subsection (a), such that a significant diversion 

of such articles has and continues to take place for use in international terrorism or in the escalation of a conflict in another 

nation. The President shall terminate the requirements of a license 

when reasons for the temporary requirements have ceased. 

SEC. 521. Notwithstanding any other provision of law, no 

department, agency, or instrumentality of the United States 

receiving appropriated funds under this Act or any other Act shall 

obligate or expend in any way such funds to pay administrative 

Firearms. 

President. 

Determination. 

Federal Register, 

publication. 

Exports and 

imports. 

Firearms. 

Canada. 

Torture. 

Human 

organism. 


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123 STAT. 3154 PUBLIC LAW 111–117—DEC. 16, 2009 

expenses or the compensation of any officer or employee of the 

United States to deny any application submitted pursuant to 22 

U.S.C. 2778(b)(1)(B) and qualified pursuant to 27 CFR section 

478.112 or .113, for a permit to import United States origin ‘‘curios 

or relics’’ firearms, parts, or ammunition. 

SEC. 522. None of the funds made available in this Act may 

be used to include in any new bilateral or multilateral trade agreement the text of— 

(1) paragraph 2 of article 16.7 of the United States-Singapore Free Trade Agreement; 

(2) paragraph 4 of article 17.9 of the United States-Australia Free Trade Agreement; or 

(3) paragraph 4 of article 15.9 of the United States-Morocco 

Free Trade Agreement. 

SEC. 523. None of the funds made available in this Act may 

be used to authorize or issue a national security letter in contravention of any of the following laws authorizing the Federal Bureau 

of Investigation to issue national security letters: The Right to 

Financial Privacy Act; The Electronic Communications Privacy Act; 

The Fair Credit Reporting Act; The National Security Act of 1947; 

USA PATRIOT Act; and the laws amended by these Acts. 

SEC. 524. If at any time during any quarter, the program 

manager of a project within the jurisdiction of the Departments 

of Commerce or Justice, the National Aeronautics and Space 

Administration, or the National Science Foundation totaling more 

than $75,000,000 has reasonable cause to believe that the total 

program cost has increased by 10 percent, the program manager 

shall immediately inform the Secretary, Administrator, or Director. 

The Secretary, Administrator, or Director shall notify the House 

and Senate Committees on Appropriations within 30 days in writing 

of such increase, and shall include in such notice: the date on 

which such determination was made; a statement of the reasons 

for such increases; the action taken and proposed to be taken 

to control future cost growth of the project; changes made in the 

performance or schedule milestones and the degree to which such 

changes have contributed to the increase in total program costs 

or procurement costs; new estimates of the total project or procurement costs; and a statement validating that the project’s management structure is adequate to control total project or procurement 

costs. 

SEC. 525. Funds appropriated by this Act, or made available 

by the transfer of funds in this Act, for intelligence or intelligence 

related activities are deemed to be specifically authorized by the 

Congress for purposes of section 504 of the National Security Act 

of 1947 (50 U.S.C. 414) during fiscal year 2010 until the enactment 

of the Intelligence Authorization Act for fiscal year 2010. 

SEC. 526. The Departments, agencies, and commissions funded 

under this Act, shall establish and maintain on the homepages 

of their Internet websites— 

(1) a direct link to the Internet websites of their Offices 

of Inspectors General; and 

(2) a mechanism on the Offices of Inspectors General 

website by which individuals may anonymously report cases 

of waste, fraud, or abuse with respect to those Departments, 

agencies, and commissions. 

SEC. 527. None of the funds appropriated or otherwise made 

available by this Act may be used to enter into a contract in 

Contracts. 

Grants. 

Certification. 

Web posting. 

5 USC app. 8L. 

Notification. 

Deadline. 

National security 

letters. 


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PUBLIC LAW 111–117—DEC. 16, 2009 123 STAT. 3155 

an amount greater than $5,000,000 or to award a grant in excess 

of such amount unless the prospective contractor or grantee certifies 

in writing to the agency awarding the contract or grant that, 

to the best of its knowledge and belief, the contractor or grantee 

has filed all Federal tax returns required during the three years 

preceding the certification, has not been convicted of a criminal 

offense under the Internal Revenue Code of 1986, and has not, 

more than 90 days prior to certification, been notified of any unpaid 

Federal tax assessment for which the liability remains unsatisfied, 

unless the assessment is the subject of an installment agreement 

or offer in compromise that has been approved by the Internal 

Revenue Service and is not in default, or the assessment is the 

subject of a non-frivolous administrative or judicial proceeding. 

SEC. 528. None of the funds appropriated or otherwise made 

available in this Act may be used in a manner that is inconsistent 

with the principal negotiating objective of the United States with 

respect to trade remedy laws to preserve the ability of the United 

States— 

(1) to enforce vigorously its trade laws, including antidumping, countervailing duty, and safeguard laws; 

(2) to avoid agreements that— 

(A) lessen the effectiveness of domestic and international disciplines on unfair trade, especially dumping 

and subsidies; or 

(B) lessen the effectiveness of domestic and international safeguard provisions, in order to ensure that 

United States workers, agricultural producers, and firms 

can compete fully on fair terms and enjoy the benefits 

of reciprocal trade concessions; and 

(3) to address and remedy market distortions that lead 

to dumping and subsidization, including overcapacity, cartelization, and market-access barriers. 

(RESCISSIONS)

SEC. 529. (a) Of the unobligated balances available to the 

Department of Justice from prior appropriations, the following funds 

are hereby rescinded, not later than September 30, 2010, from 

the following accounts in the specified amounts— 

(1) ‘‘Legal Activities, Assets Forfeiture Fund’’, $387,200,000; 

(2) ‘‘Federal Bureau of Investigation, Salaries and 

Expenses’’, $50,000,000; 

(3) ‘‘Office of Justice Programs’’, $54,000,000; and 

(4) ‘‘Community Oriented Policing Services’’, $40,000,000. 

(b) Within 30 days of enactment of this Act, the Department 

of Justice shall submit to the Committees on Appropriations of 

the House of Representatives and the Senate a report specifying 

the amount of each rescission made pursuant to this section. 

(c) The rescissions contained in this section shall not apply 

to funds provided in this Act. 

SEC. 530. None of the funds made available in this Act may 

be used to purchase first class or premium airline travel in contravention of sections 301–10.122 through 301–10.124 of title 41 

of the Code of Federal Regulations. 

SEC. 531. None of the funds made available in this Act may 

be used to send or otherwise pay for the attendance of more than 

Deadline. 

Reports. 


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123 STAT. 3156 PUBLIC LAW 111–117—DEC. 16, 2009 

50 employees from a Federal department or agency at any single 

conference occurring outside the United States. 

SEC. 532. (a) None of the funds made available in this or 

any other Act may be used to release an individual who is detained, 

as of June 24, 2009, at Naval Station, Guantanamo Bay, Cuba, 

into the continental United States, Alaska, Hawaii, or the District 

of Columbia, into any of the United States territories of Guam, 

American Samoa (AS), the United States Virgin Islands (USVI), 

the Commonwealth of Puerto Rico and the Commonwealth of the 

Northern Mariana Islands (CNMI). 

(b) None of the funds made available in this or any other 

Act may be used to transfer an individual who is detained, as 

of June 24, 2009, at Naval Station, Guantanamo Bay, Cuba, into 

the continental United States, Alaska, Hawaii, or the District of 

Columbia, into any of the United States territories of Guam, American Samoa (AS), the United States Virgin Islands (USVI), the 

Commonwealth of Puerto Rico and the Commonwealth of the 

Northern Mariana Islands (CNMI), for the purpose of detention, 

except as provided in subsection (c). 

(c) None of the funds made available in this or any other 

Act may be used to transfer an individual who is detained, as 

of June 24, 2009, at Naval Station, Guantanamo Bay, Cuba, into 

the continental United States, Alaska, Hawaii, or the District of 

Columbia, into any of the United States territories of Guam, American Samoa (AS), the United States Virgin Islands (USVI), the 

Commonwealth of Puerto Rico and the Commonwealth of the 

Northern Mariana Islands (CNMI), for the purposes of prosecuting 

such individual, or detaining such individual during legal proceedings, until 45 days after the plan described in subsection (d) 

is received. 

(d) The President shall submit to Congress, in classified form, 

a plan regarding the proposed disposition of any individual covered 

by subsection (c) who is detained as of June 24, 2009. Such plan 

shall include, at a minimum, each of the following for each such 

individual: 

(1) A determination of the risk that the individual might 

instigate an act of terrorism within the continental United 

States, Alaska, Hawaii, the District of Columbia, or the United 

States territories if the individual were so transferred. 

(2) A determination of the risk that the individual might 

advocate, coerce, or incite violent extremism, ideologically motivated criminal activity, or acts of terrorism, among inmate 

populations at incarceration facilities within the continental 

United States, Alaska, Hawaii, the District of Columbia, or 

the United States territories if the individual were transferred 

to such a facility. 

(3) The costs associated with transferring the individual 

in question. 

(4) The legal rationale and associated court demands for 

transfer. 

(5) A plan for mitigation of any risks described in paragraphs (1), (2), and (7). 

(6) A copy of a notification to the Governor of the State 

to which the individual will be transferred, to the Mayor of 

the District of Columbia if the individual will be transferred 

to the District of Columbia, or to any United States territories 

with a certification by the Attorney General of the United 

Notification. 

Certification. 

Disposition plan. 

Detainees. 

Cuba. 

President. 

Classified 

information. 

Deadlines. 


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PUBLIC LAW 111–117—DEC. 16, 2009 123 STAT. 3157 

States in classified form at least 14 days prior to such transfer 

(together with supporting documentation and justification) that 

the individual poses little or no security risk to the United 

States. 

(7) An assessment of any risk to the national security 

of the United States or its citizens, including members of the 

Armed Services of the United States, that is posed by such 

transfer and the actions taken to mitigate such risk. 

(e) None of the funds made available in this or any other 

Act may be used to transfer or release an individual detained 

at Naval Station, Guantanamo Bay, Cuba, as of June 24, 2009, 

to the country of such individual’s nationality or last habitual 

residence or to any other country other than the United States 

or to a freely associated State, unless the President submits to 

the Congress, in classified form, at least 15 days prior to such 

transfer or release, the following information: 

(1) The name of any individual to be transferred or released 

and the country or the freely associated State to which such 

individual is to be transferred or released. 

(2) An assessment of any risk to the national security 

of the United States or its citizens, including members of the 

Armed Services of the United States, that is posed by such 

transfer or release and the actions taken to mitigate such 

risk. 

(3) The terms of any agreement with the country or the 

freely associated State for the acceptance of such individual, 

including the amount of any financial assistance related to 

such agreement. 

(f) None of the funds made available in this Act may be used 

to provide any immigration benefit (including a visa, admission 

into the United States or any of the United States territories, 

parole into the United States or any of the United States territories 

(other than parole for the purposes of prosecution and related 

detention), or classification as a refugee or applicant for asylum) 

to any individual who is detained, as of June 24, 2009, at Naval 

Station, Guantanamo Bay, Cuba. 

(g) In this section, the term ‘‘freely associated States’’ means 

the Federated States of Micronesia (FSM), the Republic of the 

Marshall Islands (RMI), and the Republic of Palau. 

(h) Prior to the termination of detention operations at Naval 

Station, Guantanamo Bay, Cuba, the President shall submit to 

the Congress a report in classified form describing the disposition 

or legal status of each individual detained at the facility as of 

the date of enactment of this Act. 

SEC. 533. Section 504(a) of the Departments of Commerce, 

Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1996 (as contained in Public Law 104–134) is amended 

by striking paragraph (13). 

SEC. 534. None of the funds made available under this Act 

may be distributed to the Association of Community Organizations 

for Reform Now (ACORN) or its subsidiaries. 

SEC. 535. (a) The Comptroller General of the United States 

shall conduct a review and audit of Federal funds received by 

the Association of Community Organizations for Reform Now 

(referred to in this section as ‘‘ACORN’’) or any subsidiary or 

affiliate of ACORN to determine— 

Audits. 

ACORN. 

110 Stat. 

1321–55. 

Reports. 

Definition. 


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123 STAT. 3158 PUBLIC LAW 111–117—DEC. 16, 2009 

(1) whether any Federal funds were misused and, if so, 

the total amount of Federal funds involved and how such funds 

were misused; 

(2) what steps, if any, have been taken to recover any 

Federal funds that were misused; 

(3) what steps should be taken to prevent the misuse 

of any Federal funds; and 

(4) whether all necessary steps have been taken to prevent 

the misuse of any Federal funds. 

(b) Not later than 180 days after the date of enactment of 

this Act, the Comptroller General shall submit to Congress a report 

on the results of the audit required under subsection (a), along 

with recommendations for Federal agency reforms. 

SEC. 536. To the extent practicable, funds made available in 

this Act should be used to purchase light bulbs that are ‘‘Energy 

Star’’ qualified or have the ‘‘Federal Energy Management Program’’ 

designation. 

SEC. 537. The Director of the Office of Management and Budget 

shall instruct any department, agency, or instrumentality of the 

United States Government receiving funds appropriated under this 

Act to track undisbursed balances in expired grant accounts and 

include in its annual performance plan and performance and 

accountability reports the following: 

(1) Details on future action the department, agency, or 

instrumentality will take to resolve undisbursed balances in 

expired grant accounts. 

(2) The method that the department, agency, or instrumentality uses to track undisbursed balances in expired grant 

accounts. 

(3) Identification of undisbursed balances in expired grant 

accounts that may be returned to the Treasury of the United 

States. 

(4) In the preceding 3 fiscal years, details on the total 

number of expired grant accounts with undisbursed balances 

(on the first day of each fiscal year) for the department, agency, 

or instrumentality and the total finances that have not been 

obligated to a specific project remaining in the accounts. 

SEC. 538. None of the funds made available in this Act may 

be used to relocate the Bureau of the Census or employees from 

the Department of Commerce to the jurisdiction of the Executive 

Office of the President. 

SEC. 539. Specific projects contained in the report of the Committee on Appropriations of the House of Representatives accompanying this Act (H. Rept. 111–149) that are considered congressional earmarks for purposes of clause 9 of rule XXI of the Rules 

of the House of Representatives, when intended to be awarded 

to a for-profit entity, shall be awarded under a full and open 

competition. 

This division may be cited as the ‘‘Commerce, Justice, Science, 

and Related Agencies Appropriations Act, 2010’’. 

Earmarks. 

Deadline. 

Reports. 

Recommendations. 


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PUBLIC LAW 111–117—DEC. 16, 2009 123 STAT. 3159 

DIVISION C—FINANCIAL SERVICES AND GENERAL 

GOVERNMENT APPROPRIATIONS ACT, 2010 

TITLE I 

DEPARTMENT OF THE TREASURY 

DEPARTMENTAL OFFICES

SALARIES AND EXPENSES

(INCLUDING TRANSFERS OF FUNDS)

For necessary expenses of the Departmental Offices including 

operation and maintenance of the Treasury Building and Annex; 

hire of passenger motor vehicles; maintenance, repairs, and 

improvements of, and purchase of commercial insurance policies 

for, real properties leased or owned overseas, when necessary for 

the performance of official business, $304,888,000, of which not 

to exceed $21,983,000 is for executive direction program activities; 

not to exceed $47,249,000 is for economic policies and programs 

activities, including $1,000,000 that shall be transferred to the 

National Academy of Sciences for a study by the Board on Mathematical Sciences and Their Applications on the long-term economic 

effects of the aging population in the United States, to remain 

available until September 30, 2011, and $1,500,000 that shall be 

transferred to the National Academy of Sciences for a carbon audit 

of the tax code as authorized in section 117 of the Energy Improvement and Extension Act of 2008 (Public Law 110–343), to remain 

available until September 30, 2011; not to exceed $48,580,000 is 

for financial policies and programs activities; not to exceed 

$64,611,000 is for terrorism and financial intelligence activities; 

not to exceed $22,679,000 is for Treasury-wide management policies 

and programs activities; and not to exceed $99,786,000 is for 

administration programs activities: Provided, That the Secretary 

of the Treasury is authorized to transfer funds appropriated for 

any program activity of the Departmental Offices to any other 

program activity of the Departmental Offices upon notification to 

the House and Senate Committees on Appropriations: Provided 

further, That no appropriation for any program activity shall be 

increased or decreased by more than 4 percent by all such transfers: 

Provided further, That any change in funding greater than 4 percent 

shall be submitted for approval to the House and Senate Committees on Appropriations: Provided further, That of the amount appro- priated under this heading, not to exceed $3,000,000, to remain 

available until September 30, 2011, is for information technology 

modernization requirements; not to exceed $200,000 is for official 

reception and representation expenses; and not to exceed $258,000 

is for unforeseen emergencies of a confidential nature, to be allocated and expended under the direction of the Secretary of the 

Treasury and to be accounted for solely on his certificate: Provided 

further, That of the amount appropriated under this heading, $6,787,000, to remain available until September 30, 2011, is for 

the Treasury-wide Financial Statement Audit and Internal Control 

Program, of which such amounts as may be necessary may be 

transferred to accounts of the Department’s offices and bureaus 

to conduct audits: Provided further, That this transfer authority 

shall be in addition to any other provided in this Act: Provided 

Approval. 

Transfer 

authority. 

Notification. 

Financial 

Services and 

General 

Government 

Appropriations 

Act, 2010. 

Department of 

the Treasury 

Appropriations 

Act, 2010. 


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123 STAT. 3160 PUBLIC LAW 111–117—DEC. 16, 2009 

further, That of the amount appropriated under this heading, $500,000, to remain available until September 30, 2011, is for 

secure space requirements: Provided further, That of the amount 

appropriated under this heading, $3,400,000, to remain available 

until September 30, 2012, is to develop and implement programs 

within the Office of Critical Infrastructure Protection and Compliance Policy, including entering into cooperative agreements: Provided further, That of the amount appropriated under this heading, 

$3,000,000, to remain available until September 30, 2012, is for 

modernizing the Office of Debt Management’s information technology. 

DEPARTMENT-WIDE SYSTEMS AND CAPITAL INVESTMENTS PROGRAMS

(INCLUDING TRANSFER OF FUNDS)

For development and acquisition of automatic data processing 

equipment, software, and services for the Department of the 

Treasury, $9,544,000, to remain available until September 30, 2012: 

Provided, That $4,544,000 is for repairs to the Treasury Annex 

Building: Provided further, That these funds shall be transferred 

to accounts and in amounts as necessary to satisfy the requirements 

of the Department’s offices, bureaus, and other organizations: Provided further, That this transfer authority shall be in addition 

to any other transfer authority provided in this Act: Provided further, That none of the funds appropriated under this heading shall 

be used to support or supplement ‘‘Internal Revenue Service, Operations Support’’ or ‘‘Internal Revenue Service, Business Systems 

Modernization’’. 

OFFICE OF INSPECTOR GENERAL

SALARIES AND EXPENSES

For necessary expenses of the Office of Inspector General in 

carrying out the provisions of the Inspector General Act of 1978, 

not to exceed $2,000,000 for official travel expenses, including hire 

of passenger motor vehicles; and not to exceed $100,000 for unforeseen emergencies of a confidential nature, to be allocated and 

expended under the direction of the Inspector General of the 

Treasury, $29,700,000, of which not to exceed $2,500 shall be available for official reception and representation expenses. 

TREASURY INSPECTOR GENERAL FOR TAX ADMINISTRATION

SALARIES AND EXPENSES

For necessary expenses of the Treasury Inspector General for 

Tax Administration in carrying out the Inspector General Act of 

1978, including purchase (not to exceed 150 for replacement only 

for police-type use) and hire of passenger motor vehicles (31 U.S.C. 

1343(b)); services authorized by 5 U.S.C. 3109, at such rates as 

may be determined by the Inspector General for Tax Administration; $152,000,000, of which not to exceed $6,000,000 shall be available for official travel expenses; of which not to exceed $500,000 

shall be available for unforeseen emergencies of a confidential 

nature, to be allocated and expended under the direction of the 

Inspector General for Tax Administration; and of which not to 


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PUBLIC LAW 111–117—DEC. 16, 2009 123 STAT. 3161 

exceed $1,500 shall be available for official reception and representation expenses. 

SPECIAL INSPECTOR GENERAL FOR THE TROUBLED ASSET RELIEF

PROGRAM

SALARIES AND EXPENSES

For necessary expenses of the Office of the Special Inspector 

General in carrying out the provisions of the Emergency Economic 

Stabilization Act of 2008 (Public Law 110–343), $23,300,000. 

FINANCIAL CRIMES ENFORCEMENT NETWORK

SALARIES AND EXPENSES

For necessary expenses of the Financial Crimes Enforcement 

Network, including hire of passenger motor vehicles; travel and 

training expenses, including for course development, of non-Federal 

and foreign government personnel to attend meetings and training 

concerned with domestic and foreign financial intelligence activities, 

law enforcement, and financial regulation; not to exceed $14,000 

for official reception and representation expenses; and for assistance 

to Federal law enforcement agencies, with or without reimbursement, $111,010,000, of which not to exceed $26,085,000 shall remain 

available until September 30, 2012; and of which $9,316,000 shall 

remain available until September 30, 2011: Provided, That funds 

appropriated in this account may be used to procure personal services contracts. 

TREASURY FORFEITURE FUND

(RESCISSION)

Of the unobligated balances available under this heading, 

$90,000,000 are rescinded. 

FINANCIAL MANAGEMENT SERVICE

SALARIES AND EXPENSES

For necessary expenses of the Financial Management Service, 

$244,132,000, of which not to exceed $9,220,000 shall remain available until September 30, 2012, for information systems modernization initiatives; and of which not to exceed $2,500 shall be available 

for official reception and representation expenses. 

ALCOHOL AND TOBACCO TAX AND TRADE BUREAU

SALARIES AND EXPENSES

For necessary expenses of carrying out section 1111 of the 

Homeland Security Act of 2002, including hire of passenger motor 

vehicles, $103,000,000; of which not to exceed $6,000 for official 

reception and representation expenses; not to exceed $50,000 for 

cooperative research and development programs for laboratory services; and provision of laboratory assistance to State and local agencies with or without reimbursement: Provided, That of the amount 


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123 STAT. 3162 PUBLIC LAW 111–117—DEC. 16, 2009 

appropriated under this heading, $3,000,000, to remain available 

until September 30, 2011, shall be for the hiring, training, and 

equipping of special agents and related support personnel. 

UNITED STATES MINT

UNITED STATES MINT PUBLIC ENTERPRISE FUND

Pursuant to section 5136 of title 31, United States Code, the 

United States Mint is provided funding through the United States 

Mint Public Enterprise Fund for costs associated with the production of circulating coins, numismatic coins, and protective services, 

including both operating expenses and capital investments. The 

aggregate amount of new liabilities and obligations incurred during 

fiscal year 2010 under such section 5136 for circulating coinage 

and protective service capital investments of the United States 

Mint shall not exceed $26,700,000. 

BUREAU OF THE PUBLIC DEBT

ADMINISTERING THE PUBLIC DEBT

For necessary expenses connected with any public-debt issues 

of the United States, $192,244,000, of which not to exceed $2,500 

shall be available for official reception and representation expenses, 

and of which not to exceed $2,000,000 shall remain available until 

September 30, 2012, for systems modernization: Provided, That 

the sum appropriated herein from the general fund for fiscal year 

2010 shall be reduced by not more than $10,000,000 as definitive 

security issue fees and Legacy Treasury Direct Investor Account 

Maintenance fees are collected, so as to result in a final fiscal 

year 2010 appropriation from the general fund estimated at 

$182,244,000. In addition, $90,000 to be derived from the Oil Spill 

Liability Trust Fund to reimburse the Bureau for administrative 

and personnel expenses for financial management of the Fund, 

as authorized by section 1012 of Public Law 101–380. 

COMMUNITY DEVELOPMENT FINANCIAL INSTITUTIONS FUND

PROGRAM ACCOUNT

(INCLUDING TRANSFER OF FUNDS)

To carry out the Community Development Banking and Financial Institutions Act of 1994 (Public Law 103–325), including services authorized by 5 U.S.C. 3109, but at rates for individuals not 

to exceed the per diem rate equivalent to the rate for ES–3, notwithstanding sections 4707(d) and 4707(e) of title 12, United States 

Code, $166,750,000, to remain available until September 30, 2011; 

of which $12,000,000 shall be for financial assistance, technical 

assistance, training and outreach programs, designed to benefit 

Native American, Native Hawaiian, and Alaskan Native communities and provided primarily through qualified community development lender organizations with experience and expertise in community development banking and lending in Indian country, Native 

American organizations, tribes and tribal organizations and other 

suitable providers; of which $1,000,000 shall be available for the 

pilot project grant program under section 1132(d) of division A 

of the Housing and Economic Recovery Act of 2008 (Public Law 


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PUBLIC LAW 111–117—DEC. 16, 2009 123 STAT. 3163 

110–289); of which $3,150,000 shall be for an additional pilot project 

grant to an eligible organization located in the State of Hawaii 

for financial education and pre-home ownership counseling as 

authorized in section 1132(d) of division A of the Housing and 

Economic Recovery Act of 2008 (Public Law 110–289), and of which 

up to $18,000,000 may be used for administrative expenses, 

including administration of the New Markets Tax Credit. 

For an additional amount to be transferred to the ‘‘Capital 

Magnet Fund’’, as authorized by section 1339 of the Federal Housing 

Enterprises Financial Safety and Soundness Act of 1992 (12 U.S.C. 

1301 et seq.), as amended by section 1131 of the Housing and 

Economic Recovery Act of 2008 (Public Law 110–289), to support 

financing for affordable housing and economic development projects, 

$80,000,000, to remain available until September 30, 2011: Provided, That, for fiscal year 2010, section 1339(h)(3) of the Federal 

Housing Enterprises Financial Safety and Soundness Act of 1992, 

as amended by section 1131 of the Housing and Economic Recovery 

Act of 2008 (Public Law 110–289), shall be applied by substituting 

the term ‘‘at least 10 times the grant amount or such other amount 

that the Secretary may require’’ for ‘‘at least 10 times the grant 

amount’’. 

INTERNAL REVENUE SERVICE

TAXPAYER SERVICES

For necessary expenses of the Internal Revenue Service to 

provide taxpayer services, including pre-filing assistance and education, filing and account services, taxpayer advocacy services, and 

other services as authorized by 5 U.S.C. 3109, at such rates as 

may be determined by the Commissioner, $2,278,830,000, of which 

not less than $6,100,000 shall be for the Tax Counseling for the 

Elderly Program, of which not less than $10,000,000 shall be available for low-income taxpayer clinic grants, of which not less than 

$12,000,000, to remain available until September 30, 2011, shall 

be available for a Community Volunteer Income Tax Assistance 

matching grants demonstration program for tax return preparation 

assistance, and of which not less than $205,954,000 shall be available for operating expenses of the Taxpayer Advocate Service. 

ENFORCEMENT

(INCLUDING TRANSFER OF FUNDS)

For necessary expenses for tax enforcement activities of the 

Internal Revenue Service to determine and collect owed taxes, to 

provide legal and litigation support, to conduct criminal investigations, to enforce criminal statutes related to violations of internal 

revenue laws and other financial crimes, to purchase (for policetype use, not to exceed 850) and hire passenger motor vehicles 

(31 U.S.C. 1343(b)), and to provide other services as authorized 

by 5 U.S.C. 3109, at such rates as may be determined by the 

Commissioner, $4,904,000,000, of which not less than $59,206,000 

shall be for the Interagency Crime and Drug Enforcement program; 

and of which not to exceed $126,500 shall be for official reception 

and representation expenses associated with hosting the Leeds 

Castle Meeting in the United States during 2010: Provided, That 

up to $10,000,000 may be transferred as necessary from this account 

Applicability. 


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123 STAT. 3164 PUBLIC LAW 111–117—DEC. 16, 2009 

to ‘‘Operations Support’’ solely for the purposes of the Interagency 

Crime and Drug Enforcement program: Provided further, That this 

transfer authority shall be in addition to any other transfer 

authority provided in this Act. In addition to amounts made available above, $600,000,000 shall be made available for enhanced 

tax enforcement activities. 

OPERATIONS SUPPORT

For necessary expenses of the Internal Revenue Service to 

support taxpayer services and enforcement programs, including rent 

payments; facilities services; printing; postage; physical security; 

headquarters and other IRS-wide administration activities; research 

and statistics of income; telecommunications; information technology development, enhancement, operations, maintenance, and 

security; the hire of passenger motor vehicles (31 U.S.C. 1343(b)); 

and other services as authorized by 5 U.S.C. 3109, at such rates 

as may be determined by the Commissioner; $4,083,884,000, of 

which up to $75,000,000 shall remain available until September 

30, 2011, for information technology support; of which not to exceed 

$1,000,000 shall remain available until September 30, 2012, for 

research; of which not less than $2,000,000 shall be for the Internal 

Revenue Service Oversight Board; of which not to exceed $25,000 

shall be for official reception and representation; and of which 

$290,000,000 shall be made available to support enhanced tax 

enforcement activities: Provided, That of the amounts provided 

under this heading, such sums as are necessary shall be available 

to fully support tax enforcement and enhanced tax enforcement 

activities. 

BUSINESS SYSTEMS MODERNIZATION

For necessary expenses of the Internal Revenue Service’s business systems modernization program, $263,897,000, to remain available until September 30, 2012, for the capital asset acquisition 

of information technology systems, including management and 

related contractual costs of said acquisitions, including related 

Internal Revenue Service labor costs, and contractual costs associated with operations authorized by 5 U.S.C. 3109: Provided, That, 

with the exception of labor costs, none of these funds may be 

obligated until the Internal Revenue Service submits to the Committees on Appropriations, and such Committees approve, a plan for 

expenditure that: (1) meets the capital planning and investment 

control review requirements established by the Office of Management and Budget, including Circular A–11; (2) complies with the 

Internal Revenue Service’s enterprise architecture, including the 

modernization blueprint; (3) conforms with the Internal Revenue 

Service’s enterprise life cycle methodology; (4) is approved by the 

Internal Revenue Service, the Department of the Treasury, and 

the Office of Management and Budget; (5) has been reviewed by 

the Government Accountability Office; and (6) complies with the 

acquisition rules, requirements, guidelines, and systems acquisition 

management practices of the Federal Government. 

Expenditure 

plan. 


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PUBLIC LAW 111–117—DEC. 16, 2009 123 STAT. 3165 

HEALTH INSURANCE TAX CREDIT ADMINISTRATION

For expenses necessary to implement the health insurance 

tax credit included in the Trade Act of 2002 (Public Law 107– 

210), $15,512,000. 

ADMINISTRATIVE PROVISIONS—INTERNAL REVENUE SERVICE

(INCLUDING TRANSFER OF FUNDS)

SEC. 101. Not to exceed 5 percent of any appropriation made 

available in this Act to the Internal Revenue Service or not to 

exceed 3 percent of appropriations under the heading ‘‘Enforcement’’ 

may be transferred to any other Internal Revenue Service appropriation upon the advance approval of the Committees on Appropriations. 

SEC. 102. The Internal Revenue Service shall maintain a 

training program to ensure that Internal Revenue Service 

employees are trained in taxpayers’ rights, in dealing courteously 

with taxpayers, and in cross-cultural relations. 

SEC. 103. The Internal Revenue Service shall institute and 

enforce policies and procedures that will safeguard the confidentiality of taxpayer information. 

SEC. 104. Funds made available by this or any other Act to 

the Internal Revenue Service shall be available for improved facilities and increased staffing to provide sufficient and effective 1– 

800 help line service for taxpayers. The Commissioner shall continue to make the improvement of the Internal Revenue Service 

1–800 help line service a priority and allocate resources necessary 

to increase phone lines and staff to improve the Internal Revenue 

Service 1–800 help line service. 

SEC. 105. Of the funds made available by this Act to the 

Internal Revenue Service, not less than $7,100,000,000 shall be 

available only for tax enforcement. In addition, of the funds made 

available by this Act to the Internal Revenue Service, and subject 

to the same terms and conditions, $890,000,000 shall be available 

for enhanced tax law enforcement. 

SEC. 106. None of the funds made available in this Act may 

be used to enter into, renew, extend, administer, implement, enforce, 

or provide oversight of any qualified tax collection contract (as 

defined in section 6306 of the Internal Revenue Code of 1986). 

ADMINISTRATIVE PROVISIONS—DEPARTMENT OF THE TREASURY

(INCLUDING TRANSFERS OF FUNDS)

SEC. 107. Appropriations to the Department of the Treasury 

in this Act shall be available for uniforms or allowances therefor, 

as authorized by law (5 U.S.C. 5901), including maintenance, 

repairs, and cleaning; purchase of insurance for official motor 

vehicles operated in foreign countries; purchase of motor vehicles 

without regard to the general purchase price limitations for vehicles 

purchased and used overseas for the current fiscal year; entering 

into contracts with the Department of State for the furnishing 

of health and medical services to employees and their dependents 

serving in foreign countries; and services authorized by 5 U.S.C. 

3109. 

Contracts. 

Confidentiality. 


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123 STAT. 3166 PUBLIC LAW 111–117—DEC. 16, 2009 

SEC. 108. Not to exceed 2 percent of any appropriations in 

this Act made available to the Departmental Offices—Salaries and 

Expenses, Office of Inspector General, Financial Management 

Service, Alcohol and Tobacco Tax and Trade Bureau, Financial 

Crimes Enforcement Network, and Bureau of the Public Debt, may 

be transferred between such appropriations upon the advance 

approval of the Committees on Appropriations: Provided, That no 

transfer may increase or decrease any such appropriation by more 

than 2 percent. 

SEC. 109. Not to exceed 2 percent of any appropriation made 

available in this Act to the Internal Revenue Service may be transferred to the Treasury Inspector General for Tax Administration’s 

appropriation upon the advance approval of the Committees on 

Appropriations: Provided, That no transfer may increase or decrease 

any such appropriation by more than 2 percent. 

SEC. 110. Of the funds available for the purchase of law enforcement vehicles, no funds may be obligated until the Secretary of 

the Treasury certifies that the purchase by the respective Treasury 

bureau is consistent with departmental vehicle management principles: Provided, That the Secretary may delegate this authority 

to the Assistant Secretary for Management. 

SEC. 111. None of the funds appropriated in this Act or otherwise available to the Department of the Treasury or the Bureau 

of Engraving and Printing may be used to redesign the $1 Federal 

Reserve note. 

SEC. 112. The Secretary of the Treasury may transfer funds 

from Financial Management Service, Salaries and Expenses to the 

Debt Collection Fund as necessary to cover the costs of debt collection: Provided, That such amounts shall be reimbursed to such 

salaries and expenses account from debt collections received in 

the Debt Collection Fund. 

SEC. 113. Section 122(g)(1) of Public Law 105–119 (5 U.S.C. 

3104 note), is further amended by striking ‘‘11 years’’ and inserting 

‘‘12 years’’. 

SEC. 114. None of the funds appropriated or otherwise made 

available by this or any other Act may be used by the United 

States Mint to construct or operate any museum without the explicit 

approval of the Committees on Appropriations of the House of 

Representatives and the Senate, the House Committee on Financial 

Services, and the Senate Committee on Banking, Housing and 

Urban Affairs. 

SEC. 115. None of the funds appropriated or otherwise made 

available by this or any other Act or source to the Department 

of the Treasury, the Bureau of Engraving and Printing, and the 

United States Mint, individually or collectively, may be used to 

consolidate any or all functions of the Bureau of Engraving and 

Printing and the United States Mint without the explicit approval 

of the House Committee on Financial Services; the Senate Committee on Banking, Housing, and Urban Affairs; the House Committee on Appropriations; and the Senate Committee on Appropriations. 

SEC. 116. Funds appropriated by this Act, or made available 

by the transfer of funds in this Act, for the Department of the 

Treasury’s intelligence or intelligence related activities are deemed 

to be specifically authorized by the Congress for purposes of section 

504 of the National Security Act of 1947 (50 U.S.C. 414) during 


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PUBLIC LAW 111–117—DEC. 16, 2009 123 STAT. 3167 

fiscal year 2010 until the enactment of the Intelligence Authorization Act for Fiscal Year 2010. 

SEC. 117. Not to exceed $5,000 shall be made available from 

the Bureau of Engraving and Printing’s Industrial Revolving Fund 

for necessary official reception and representation expenses. 

This title may be cited as the ‘‘Department of the Treasury 

Appropriations Act, 2010’’. 

TITLE II 

EXECUTIVE OFFICE OF THE PRESIDENT AND FUNDS 

APPROPRIATED TO THE PRESIDENT 

COMPENSATION OF THE PRESIDENT

For compensation of the President, including an expense allow- ance at the rate of $50,000 per annum as authorized by 3 U.S.C. 

102, $450,000: Provided, That none of the funds made available 

for official expenses shall be expended for any other purpose and 

any unused amount shall revert to the Treasury pursuant to 31 

U.S.C. 1552. 

THE WHITE HOUSE

SALARIES AND EXPENSES

For necessary expenses for the White House as authorized 

by law, including not to exceed $3,850,000 for services as authorized 

by 5 U.S.C. 3109 and 3 U.S.C. 105; subsistence expenses as authorized by 3 U.S.C. 105, which shall be expended and accounted 

for as provided in that section; hire of passenger motor vehicles, 

newspapers, periodicals, teletype news service, and travel (not to 

exceed $100,000 to be expended and accounted for as provided 

by 3 U.S.C. 103); and not to exceed $19,000 for official entertainment expenses, to be available for allocation within the Executive 

Office of the President; and for necessary expenses of the Office 

of Policy Development, including services as authorized by 5 U.S.C. 

3109 and 3 U.S.C. 107, $59,143,000, of which not less than 

$1,400,000 shall be for the Office of National AIDS Policy. 

EXECUTIVE RESIDENCE AT THE WHITE HOUSE

OPERATING EXPENSES

For the care, maintenance, repair and alteration, refurnishing, 

improvement, heating, and lighting, including electric power and 

fixtures, of the Executive Residence at the White House and official 

entertainment expenses of the President, $13,838,000, to be 

expended and accounted for as provided by 3 U.S.C. 105, 109, 

110, and 112–114. 

REIMBURSABLE EXPENSES

For the reimbursable expenses of the Executive Residence at 

the White House, such sums as may be necessary: Provided, That 

all reimbursable operating expenses of the Executive Residence 

shall be made in accordance with the provisions of this paragraph: 

Provided further, That, notwithstanding any other provision of law, 

Executive Office 

of the President 

Appropriations 

Act, 2010. 


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such amount for reimbursable operating expenses shall be the exclusive authority of the Executive Residence to incur obligations and 

to receive offsetting collections, for such expenses: Provided further, That the Executive Residence shall require each person sponsoring 

a reimbursable political event to pay in advance an amount equal 

to the estimated cost of the event, and all such advance payments 

shall be credited to this account and remain available until 

expended: Provided further, That the Executive Residence shall 

require the national committee of the political party of the President 

to maintain on deposit $25,000, to be separately accounted for 

and available for expenses relating to reimbursable political events 

sponsored by such committee during such fiscal year: Provided 

further, That the Executive Residence shall ensure that a written 

notice of any amount owed for a reimbursable operating expense 

under this paragraph is submitted to the person owing such amount 

within 60 days after such expense is incurred, and that such amount 

is collected within 30 days after the submission of such notice: 

Provided further, That the Executive Residence shall charge interest 

and assess penalties and other charges on any such amount that 

is not reimbursed within such 30 days, in accordance with the 

interest and penalty provisions applicable to an outstanding debt 

on a United States Government claim under 31 U.S.C. 3717: Provided further, That each such amount that is reimbursed, and 

any accompanying interest and charges, shall be deposited in the 

Treasury as miscellaneous receipts: Provided further, That the 

Executive Residence shall prepare and submit to the Committees 

on Appropriations, by not later than 90 days after the end of 

the fiscal year covered by this Act, a report setting forth the 

reimbursable operating expenses of the Executive Residence during 

the preceding fiscal year, including the total amount of such 

expenses, the amount of such total that consists of reimbursable 

official and ceremonial events, the amount of such total that consists 

of reimbursable political events, and the portion of each such 

amount that has been reimbursed as of the date of the report: 

Provided further, That the Executive Residence shall maintain a 

system for the tracking of expenses related to reimbursable events 

within the Executive Residence that includes a standard for the 

classification of any such expense as political or nonpolitical: Provided further, That no provision of this paragraph may be construed 

to exempt the Executive Residence from any other applicable 

requirement of subchapter I or II of chapter 37 of title 31, United 

States Code. 

WHITE HOUSE REPAIR AND RESTORATION

For the repair, alteration, and improvement of the Executive 

Residence at the White House, $2,500,000, to remain available 

until expended, for required maintenance, resolution of safety and 

health issues, and continued preventative maintenance. 

COUNCIL OF ECONOMIC ADVISERS

SALARIES AND EXPENSES

For necessary expenses of the Council of Economic Advisers 

in carrying out its functions under the Employment Act of 1946 

(15 U.S.C. 1021 et seq.), $4,200,000. 

Records. 

Deadline. 

Reports. 

Penalties. 

Deadline. 

Notice. 

Deadlines. 


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PUBLIC LAW 111–117—DEC. 16, 2009 123 STAT. 3169 

NATIONAL SECURITY COUNCIL

SALARIES AND EXPENSES

For necessary expenses of the National Security Council, 

including services as authorized by 5 U.S.C. 3109, $12,231,000. 

OFFICE OF ADMINISTRATION

SALARIES AND EXPENSES

For necessary expenses of the Office of Administration, 

including services as authorized by 5 U.S.C. 3109 and 3 U.S.C. 

107, and hire of passenger motor vehicles, $115,280,000, of which 

$16,768,000 shall remain available until expended for continued 

modernization of the information technology infrastructure within 

the Executive Office of the President. 

OFFICE OF MANAGEMENT AND BUDGET

SALARIES AND EXPENSES

For necessary expenses of the Office of Management and 

Budget, including hire of passenger motor vehicles and services 

as authorized by 5 U.S.C. 3109 and to carry out the provisions 

of chapter 35 of title 44, United States Code, $92,863,000, of which 

not to exceed $3,000 shall be available for official representation 

expenses: Provided, That none of the funds appropriated in this 

Act for the Office of Management and Budget may be used for 

the purpose of reviewing any agricultural marketing orders or any 

activities or regulations under the provisions of the Agricultural 

Marketing Agreement Act of 1937 (7 U.S.C. 601 et seq.): Provided 

further, That none of the funds made available for the Office of 

Management and Budget by this Act may be expended for the 

altering of the transcript of actual testimony of witnesses, except 

for testimony of officials of the Office of Management and Budget, 

before the Committees on Appropriations or their subcommittees: 

Provided further, That none of the funds provided in this or prior 

Acts shall be used, directly or indirectly, by the Office of Management and Budget, for evaluating or determining if water resource 

project or study reports submitted by the Chief of Engineers acting 

through the Secretary of the Army are in compliance with all 

applicable laws, regulations, and requirements relevant to the Civil 

Works water resource planning process: Provided further, That 

the Office of Management and Budget shall have not more than 

60 days in which to perform budgetary policy reviews of water 

resource matters on which the Chief of Engineers has reported: 

Provided further, That the Director of the Office of Management 

and Budget shall notify the appropriate authorizing and appropriating committees when the 60-day review is initiated: Provided 

further, That if water resource reports have not been transmitted 

to the appropriate authorizing and appropriating committees within 

15 days after the end of the Office of Management and Budget 

review period based on the notification from the Director, Congress 

shall assume Office of Management and Budget concurrence with 

the report and act accordingly. 

Reports. 

Deadline. 

Notification. 

Deadline. 

Policy reviews. 


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123 STAT. 3170 PUBLIC LAW 111–117—DEC. 16, 2009 

OFFICE OF NATIONAL DRUG CONTROL POLICY

SALARIES AND EXPENSES

For necessary expenses of the Office of National Drug Control 

Policy; for research activities pursuant to the Office of National 

Drug Control Policy Reauthorization Act of 2006 (Public Law 109– 

469); not to exceed $10,000 for official reception and representation 

expenses; and for participation in joint projects or in the provision 

of services on matters of mutual interest with nonprofit, research, 

or public organizations or agencies, with or without reimbursement, 

$29,575,000; of which $1,300,000 shall remain available until 

expended for policy research and evaluation: Provided, That the 

Office is authorized to accept, hold, administer, and utilize gifts, 

both real and personal, public and private, without fiscal year 

limitation, for the purpose of aiding or facilitating the work of 

the Office. 

COUNTERDRUG TECHNOLOGY ASSESSMENT CENTER

(INCLUDING TRANSFER OF FUNDS)

For necessary expenses for the Counterdrug Technology Assessment Center (CTAC) for research activities pursuant to the Office 

of National Drug Control Policy Reauthorization Act of 2006 (Public 

Law 109–469), $5,000,000, which shall remain available until 

expended for counternarcotics research and development projects: 

Provided, That such amount shall be available for transfer to other 

Federal departments or agencies: Provided further, That the Office 

of National Drug Control Policy shall submit for approval by the 

Committees on Appropriations of the House of Representatives and 

the Senate, a mission statement for CTAC, a detailed explanation 

of the CTAC program, and a detailed spending plan for the use 

of these funds, prior to obligation of any funds provided in this 

paragraph: Provided further, That the report required by the preceding proviso shall be in lieu of inclusion of CTAC in the financial 

plan required by section 202. 

FEDERAL DRUG CONTROL PROGRAMS

HIGH INTENSITY DRUG TRAFFICKING AREAS PROGRAM

(INCLUDING TRANSFERS OF FUNDS)

For necessary expenses of the Office of National Drug Control 

Policy’s High Intensity Drug Trafficking Areas Program, 

$239,000,000, to remain available until September 30, 2011, for 

drug control activities consistent with the approved strategy for 

each of the designated High Intensity Drug Trafficking Areas 

(‘‘HIDTAs’’), of which not less than 51 percent shall be transferred 

to State and local entities for drug control activities and shall 

be obligated not later than 120 days after enactment of this Act: 

Provided, That up to 49 percent may be transferred to Federal 

agencies and departments in amounts determined by the Director 

of the Office of National Drug Control Policy (‘‘the Director’’), of 

which up to $2,700,000 may be used for auditing services and 

associated activities (including up to $500,000 to ensure the continued operation and maintenance of the Performance Management 

Deadline. 

Reports. 

21 USC 1702 

note. 


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PUBLIC LAW 111–117—DEC. 16, 2009 123 STAT. 3171 

System): Provided further, That, notwithstanding the requirements 

of Public Law 106–58, any unexpended funds obligated prior to 

fiscal year 2008 may be used for any other approved activities 

of that High Intensity Drug Trafficking Area, subject to reprogramming requirements: Provided further, That each High Intensity 

Drug Trafficking Area designated as of September 30, 2009, shall 

be funded at not less than the fiscal year 2009 base level, unless 

the Director submits to the Committees on Appropriations of the 

House of Representatives and the Senate justification for changes 

to those levels based on clearly articulated priorities and published 

Office of National Drug Control Policy performance measures of 

effectiveness: Provided further, That the Director shall notify the 

Committees on Appropriations of the initial allocation of fiscal 

year 2010 funding among HIDTAs not later than 45 days after 

enactment of this Act, and shall notify the Committees of planned 

uses of discretionary HIDTA funding, as determined in consultation 

with the HIDTA Directors, not later than 90 days after enactment 

of this Act. 

OTHER FEDERAL DRUG CONTROL PROGRAMS

(INCLUDING TRANSFERS OF FUNDS)

For other drug control activities authorized by the Office of 

National Drug Control Policy Reauthorization Act of 2006 (Public 

Law 109–469), $154,400,000, to remain available until expended, 

which shall be available as follows: $45,000,000 to support a 

national media campaign; $95,000,000 for the Drug-Free Communities Program, of which $2,000,000 shall be made available as 

directed by section 4 of Public Law 107–82, as amended by Public 

Law 109–469 (21 U.S.C. 1521 note); $1,000,000 for the National 

Drug Court Institute; $10,000,000 for the United States Anti-Doping 

Agency for anti-doping activities; $1,900,000 for the United States 

membership dues to the World Anti-Doping Agency; $1,250,000 

for the National Alliance for Model State Drug Laws; and $250,000 

for evaluations and research related to National Drug Control Program performance measures, which may be transferred to other 

Federal departments and agencies to carry out such activities. 

UNANTICIPATED NEEDS

For expenses necessary to enable the President to meet 

unanticipated needs, in furtherance of the national interest, security, or defense which may arise at home or abroad during the 

current fiscal year, as authorized by 3 U.S.C. 108, $1,000,000, 

to remain available until September 30, 2011. 

PARTNERSHIP FUND FOR PROGRAM INTEGRITY INNOVATION

(INCLUDING TRANSFER OF FUNDS)

For the Partnership Fund for Program Integrity Innovation, $37,500,000, to remain available until September 30, 2012, which 

may be used for grants, contracts, cooperative agreements, and 

administrative costs of carrying out Partnership Fund for Program 

Integrity Innovation pilot projects: Provided, That these funds shall 

be transferred by the Director of the Office of Management and 

Budget to appropriate agencies to carry out pilot projects and to 

Notifications. 

Deadlines. 

Funding 

justification. 


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123 STAT. 3172 PUBLIC LAW 111–117—DEC. 16, 2009 

conduct or provide for evaluation of such projects: Provided further, That such transfers shall be contingent upon the Director of the 

Office of Management and Budget determining, in consultation 

with an interagency council consisting of representatives of appropriate Federal agencies, States, and other stakeholders, that the 

pilot projects address Federal programs that have a substantial 

State role in eligibility determination or administration or where 

Federal-State cooperation could otherwise be beneficial; in aggregate, save at least as much money as they cost; demonstrate the 

potential to streamline administration or strengthen program integrity; and do not achieve savings primarily by reducing the participation of eligible beneficiaries: Provided further, That the interagency 

council required by the previous proviso shall submit a progress 

report to the Committees on Appropriations of the House of Representatives and the Senate not later than March 31, 2010 and 

semiannually thereafter until the program is completed, including 

detailed information on goals, objectives, performance measures, 

and evaluations of the program in general and of each specific 

pilot undertaken. 

SPECIAL ASSISTANCE TO THE PRESIDENT

SALARIES AND EXPENSES

For necessary expenses to enable the Vice President to provide 

assistance to the President in connection with specially assigned 

functions; services as authorized by 5 U.S.C. 3109 and 3 U.S.C. 

106, including subsistence expenses as authorized by 3 U.S.C. 106, 

which shall be expended and accounted for as provided in that 

section; and hire of passenger motor vehicles, $4,604,000. 

OFFICIAL RESIDENCE OF THE VICE PRESIDENT

OPERATING EXPENSES

(INCLUDING TRANSFER OF FUNDS)

For the care, operation, refurnishing, improvement, and to the 

extent not otherwise provided for, heating and lighting, including 

electric power and fixtures, of the official residence of the Vice 

President; the hire of passenger motor vehicles; and not to exceed 

$90,000 for official entertainment expenses of the Vice President, 

to be accounted for solely on his certificate, $330,000: Provided, 

That advances or repayments or transfers from this appropriation 

may be made to any department or agency for expenses of carrying 

out such activities. 

ADMINISTRATIVE PROVISIONS—EXECUTIVE OFFICE OF THE

PRESIDENT AND FUNDS APPROPRIATED TO THE PRESIDENT

(INCLUDING TRANSFERS OF FUNDS)

SEC. 201. From funds made available in this Act under the 

headings ‘‘The White House’’, ‘‘Executive Residence at the White 

House’’, ‘‘White House Repair and Restoration’’, ‘‘Council of Economic Advisers’’, ‘‘National Security Council’’, ‘‘Office of Administration’’, ‘‘Special Assistance to the President’’, and ‘‘Official Residence 

of the Vice President’’, the Director of the Office of Management 

Notification. 

Reports. 

Deadlines. 


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PUBLIC LAW 111–117—DEC. 16, 2009 123 STAT. 3173 

and Budget (or such other officer as the President may designate 

in writing), may, 15 days after giving notice to the Committees 

on Appropriations of the House of Representatives and the Senate, 

transfer not to exceed 10 percent of any such appropriation to 

any other such appropriation, to be merged with and available 

for the same time and for the same purposes as the appropriation 

to which transferred: Provided, That the amount of an appropriation 

shall not be increased by more than 50 percent by such transfers: 

Provided further, That no amount shall be transferred from ‘‘Special 

Assistance to the President’’ or ‘‘Official Residence of the Vice 

President’’ without the approval of the Vice President. 

SEC. 202. The Director of the Office of National Drug Control 

Policy shall submit to the Committees on Appropriations of the 

House of Representatives and the Senate not later than 60 days 

after the date of enactment of this Act, and prior to the initial 

obligation of more than 20 percent of the funds appropriated in 

any account (except ‘‘Counterdrug Technology Assessment Center’’) 

under the heading ‘‘Office of National Drug Control Policy’’, a 

detailed narrative and financial plan on the proposed uses of all 

funds under the account by program, project, and activity: Provided, That the reports required by this section shall be updated and 

submitted to the Committees on Appropriations every 6 months 

and shall include information detailing how the estimates and 

assumptions contained in previous reports have changed: Provided 

further, That any new projects and changes in funding of ongoing 

projects shall be subject to the prior approval of the Committees 

on Appropriations. 

SEC. 203. Not to exceed 2 percent of any appropriations in 

this Act made available to the Office of National Drug Control 

Policy may be transferred between appropriated programs upon 

the advance approval of the Committees on Appropriations: Provided, That no transfer may increase or decrease any such appropriation by more than 3 percent. 

SEC. 204. Not to exceed $1,000,000 of any appropriations in 

this Act made available to the Office of National Drug Control 

Policy may be reprogrammed within a program, project, or activity 

upon the advance approval of the Committees on Appropriations. 

This title may be cited as the ‘‘Executive Office of the President 

Appropriations Act, 2010’’. 

TITLE III 

THE JUDICIARY 

SUPREME COURT OF THE UNITED STATES

SALARIES AND EXPENSES

For expenses necessary for the operation of the Supreme Court, 

as required by law, excluding care of the building and grounds, 

including purchase or hire, driving, maintenance, and operation 

of an automobile for the Chief Justice, not to exceed $10,000 for 

the purpose of transporting Associate Justices, and hire of passenger 

motor vehicles as authorized by 31 U.S.C. 1343 and 1344; not 

to exceed $10,000 for official reception and representation expenses; 

and for miscellaneous expenses, to be expended as the Chief Justice 

may approve, $74,034,000, of which $2,000,000 shall remain available until expended. 

Judiciary 

Appropriations 

Act, 2010. 

Reports. 

Deadlines. 

Deadline. 

Financial plan. 


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123 STAT. 3174 PUBLIC LAW 111–117—DEC. 16, 2009 

CARE OF THE BUILDING AND GROUNDS

For such expenditures as may be necessary to enable the 

Architect of the Capitol to carry out the duties imposed upon 

the Architect by 40 U.S.C. 6111 and 6112, $14,525,000, which 

shall remain available until expended. 

UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT

SALARIES AND EXPENSES

For salaries of the chief judge, judges, and other officers and 

employees, and for necessary expenses of the court, as authorized 

by law, $32,560,000. 

UNITED STATES COURT OF INTERNATIONAL TRADE

SALARIES AND EXPENSES

For salaries of the chief judge and eight judges, salaries of 

the officers and employees of the court, services, and necessary 

expenses of the court, as authorized by law, $21,350,000. 

COURTS OF APPEALS, DISTRICT COURTS, AND OTHER JUDICIAL

SERVICES

SALARIES AND EXPENSES

For the salaries of circuit and district judges (including judges 

of the territorial courts of the United States), justices and judges 

retired from office or from regular active service, judges of the 

United States Court of Federal Claims, bankruptcy judges, magistrate judges, and all other officers and employees of the Federal 

Judiciary not otherwise specifically provided for, and necessary 

expenses of the courts, as authorized by law, $5,011,018,000 

(including the purchase of firearms and ammunition); of which 

not to exceed $27,817,000 shall remain available until expended 

for space alteration projects and for furniture and furnishings 

related to new space alteration and construction projects. 

In addition, for expenses of the United States Court of Federal 

Claims associated with processing cases under the National Childhood Vaccine Injury Act of 1986 (Public Law 99–660), not to exceed 

$5,428,000, to be appropriated from the Vaccine Injury Compensation Trust Fund. 

DEFENDER SERVICES

For the operation of Federal Defender organizations; the compensation and reimbursement of expenses of attorneys appointed 

to represent persons under 18 U.S.C. 3006A, and also under 18 

U.S.C. 3599, in cases in which a defendant is charged with a 

crime that may be punishable by death; the compensation and 

reimbursement of expenses of persons furnishing investigative, 

expert, and other services under 18 U.S.C. 3006A(e), and also 

under 18 U.S.C. 3599(f) and (g)(2), in cases in which a defendant 

is charged with a crime that may be punishable by death; the 

compensation (in accordance with the maximums under 18 U.S.C. 

3006A) and reimbursement of expenses of attorneys appointed to 


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PUBLIC LAW 111–117—DEC. 16, 2009 123 STAT. 3175 

assist the court in criminal cases where the defendant has waived 

representation by counsel; the compensation and reimbursement 

of travel expenses of guardians ad litem acting on behalf of financially eligible minor or incompetent offenders in connection with 

transfers from the United States to foreign countries with which 

the United States has a treaty for the execution of penal sentences; 

the compensation and reimbursement of expenses of attorneys 

appointed to represent jurors in civil actions for the protection 

of their employment, as authorized by 28 U.S.C. 1875(d); the compensation and reimbursement of expenses of attorneys appointed 

under 18 U.S.C. 983(b)(1) in connection with certain judicial civil 

forfeiture proceedings; and for necessary training and general 

administrative expenses, $977,748,000, to remain available until 

expended. 

FEES OF JURORS AND COMMISSIONERS

For fees and expenses of jurors as authorized by 28 U.S.C. 

1871 and 1876; compensation of jury commissioners as authorized 

by 28 U.S.C. 1863; and compensation of commissioners appointed 

in condemnation cases pursuant to rule 71.1(h) of the Federal 

Rules of Civil Procedure (28 U.S.C. Appendix Rule 71.1(h)), 

$61,861,000, to remain available until expended: Provided, That 

the compensation of land commissioners shall not exceed the daily 

equivalent of the highest rate payable under 5 U.S.C. 5332. 

COURT SECURITY

(INCLUDING TRANSFERS OF FUNDS)

For necessary expenses, not otherwise provided for, incident 

to the provision of protective guard services for United States 

courthouses and other facilities housing Federal court operations, 

and the procurement, installation, and maintenance of security 

systems and equipment for United States courthouses and other 

facilities housing Federal court operations, including building 

ingress-egress control, inspection of mail and packages, directed 

security patrols, perimeter security, basic security services provided 

by the Federal Protective Service, and other similar activities as 

authorized by section 1010 of the Judicial Improvement and Access 

to Justice Act (Public Law 100–702), $452,607,000, of which not 

to exceed $15,000,000 shall remain available until expended, to 

be expended directly or transferred to the United States Marshals 

Service, which shall be responsible for administering the Judicial 

Facility Security Program consistent with standards or guidelines 

agreed to by the Director of the Administrative Office of the United 

States Courts and the Attorney General. 

ADMINISTRATIVE OFFICE OF THE UNITED STATES COURTS

SALARIES AND EXPENSES

For necessary expenses of the Administrative Office of the 

United States Courts as authorized by law, including travel as 

authorized by 31 U.S.C. 1345, hire of a passenger motor vehicle 

as authorized by 31 U.S.C. 1343(b), advertising and rent in the 

District of Columbia and elsewhere, $83,075,000, of which not to 


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123 STAT. 3176 PUBLIC LAW 111–117—DEC. 16, 2009 

exceed $8,500 is authorized for official reception and representation 

expenses. 

FEDERAL JUDICIAL CENTER

SALARIES AND EXPENSES

For necessary expenses of the Federal Judicial Center, as 

authorized by Public Law 90–219, $27,328,000; of which $1,800,000 

shall remain available through September 30, 2011, to provide 

education and training to Federal court personnel; and of which 

not to exceed $1,500 is authorized for official reception and representation expenses. 

JUDICIAL RETIREMENT FUNDS

PAYMENT TO JUDICIARY TRUST FUNDS

For payment to the Judicial Officers’ Retirement Fund, as 

authorized by 28 U.S.C. 377(o), $71,874,000; to the Judicial Survivors’ Annuities Fund, as authorized by 28 U.S.C. 376(c), 

$6,500,000; and to the United States Court of Federal Claims 

Judges’ Retirement Fund, as authorized by 28 U.S.C. 178(l), 

$4,000,000. 

UNITED STATES SENTENCING COMMISSION

SALARIES AND EXPENSES

For the salaries and expenses necessary to carry out the provi- sions of chapter 58 of title 28, United States Code, $16,837,000, 

of which not to exceed $1,000 is authorized for official reception 

and representation expenses. 

ADMINISTRATIVE PROVISIONS—THE JUDICIARY

(INCLUDING TRANSFER OF FUNDS)

SEC. 301. Appropriations and authorizations made in this title 

which are available for salaries and expenses shall be available 

for services as authorized by 5 U.S.C. 3109. 

SEC. 302. Not to exceed 5 percent of any appropriation made 

available for the current fiscal year for the Judiciary in this Act 

may be transferred between such appropriations, but no such appropriation, except ‘‘Courts of Appeals, District Courts, and Other 

Judicial Services, Defender Services’’ and ‘‘Courts of Appeals, District Courts, and Other Judicial Services, Fees of Jurors and 

Commissioners’’, shall be increased by more than 10 percent by 

any such transfers: Provided, That any transfer pursuant to this 

section shall be treated as a reprogramming of funds under sections 

604 and 608 of this Act and shall not be available for obligation 

or expenditure except in compliance with the procedures set forth 

in section 608. 

SEC. 303. Notwithstanding any other provision of law, the 

salaries and expenses appropriation for ‘‘Courts of Appeals, District 

Courts, and Other Judicial Services’’ shall be available for official 

reception and representation expenses of the Judicial Conference 

of the United States: Provided, That such available funds shall 


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PUBLIC LAW 111–117—DEC. 16, 2009 123 STAT. 3177 

not exceed $11,000 and shall be administered by the Director of 

the Administrative Office of the United States Courts in the capacity 

as Secretary of the Judicial Conference. 

SEC. 304. Within 90 days after the date of the enactment 

of this Act, the Administrative Office of the U.S. Courts shall 

submit to the Committees on Appropriations a comprehensive financial plan for the Judiciary allocating all sources of available funds 

including appropriations, fee collections, and carryover balances, 

to include a separate and detailed plan for the Judiciary Information 

Technology Fund, which will establish the baseline for application 

of reprogramming and transfer authorities for the current fiscal 

year. 

SEC. 305. Section 3314(a) of title 40, United States Code, shall 

be applied by substituting ‘‘Federal’’ for ‘‘executive’’ each place it 

appears. 

SEC. 306. In accordance with 28 U.S.C. 561–569, and notwithstanding any other provision of law, the United States Marshals 

Service shall provide, for such courthouses as its Director may 

designate in consultation with the Director of the Administrative 

Office of the United States Courts, for purposes of a pilot program, 

the security services that 40 U.S.C. 1315 authorizes the Department 

of Homeland Security to provide, except for the services specified 

in 40 U.S.C. 1315(b)(2)(E). For building-specific security services 

at these courthouses, the Director of the Administrative Office 

of the United States Courts shall reimburse the United States 

Marshals Service rather than the Department of Homeland Security. 

SEC. 307. Section 203(c) of the Judicial Improvements Act of 

1990 (Public Law 101–650; 28 U.S.C. 133 note), is amended— 

(1) in the third sentence (relating to the District of Kansas), 

by striking ‘‘18 years’’ and inserting ‘‘19 years’’; 

(2) in the sixth sentence (relating to the Northern District 

of Ohio), by striking ‘‘18 years’’ and inserting ‘‘19 years’’; and 

(3) in the seventh sentence (relating to the District of 

Hawaii), by striking ‘‘15 years’’ and inserting ‘‘16 years’’. 

This title may be cited as the ‘‘Judiciary Appropriations Act, 

2010’’. 

TITLE IV 

DISTRICT OF COLUMBIA 

FEDERAL FUNDS

FEDERAL PAYMENT FOR RESIDENT TUITION SUPPORT

For a Federal payment to the District of Columbia, to be 

deposited into a dedicated account, for a nationwide program to 

be administered by the Mayor, for District of Columbia resident 

tuition support, $35,100,000, to remain available until expended: 

Provided, That such funds, including any interest accrued thereon, 

may be used on behalf of eligible District of Columbia residents 

to pay an amount based upon the difference between in-State and 

out-of-State tuition at public institutions of higher education, or 

to pay up to $2,500 each year at eligible private institutions of 

higher education: Provided further, That the awarding of such funds 

may be prioritized on the basis of a resident’s academic merit, 

the income and need of eligible students and such other factors 

District of 

Columbia 

Appropriations 

Act of 2010. 

Reimbursements. 

Applicability. 

Deadline. 

Financial plan. 


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123 STAT. 3178 PUBLIC LAW 111–117—DEC. 16, 2009 

as may be authorized: Provided further, That the District of 

Columbia government shall maintain a dedicated account for the 

Resident Tuition Support Program that shall consist of the Federal 

funds appropriated to the Program in this Act and any subsequent 

appropriations, any unobligated balances from prior fiscal years, 

and any interest earned in this or any fiscal year: Provided further, That the account shall be under the control of the District of 

Columbia Chief Financial Officer, who shall use those funds solely 

for the purposes of carrying out the Resident Tuition Support Program: Provided further, That the Office of the Chief Financial 

Officer shall provide a quarterly financial report to the Committees 

on Appropriations of the House of Representatives and the Senate 

for these funds showing, by object class, the expenditures made 

and the purpose therefor. 

FEDERAL PAYMENT FOR EMERGENCY PLANNING AND SECURITY COSTS

IN THE DISTRICT OF COLUMBIA

For a Federal payment of necessary expenses, as determined 

by the Mayor of the District of Columbia in written consultation 

with the elected county or city officials of surrounding jurisdictions, 

$15,000,000, to remain available until expended and in addition 

any funds that remain available from prior year appropriations 

under this heading for the District of Columbia Government, for 

the costs of providing public safety at events related to the presence 

of the national capital in the District of Columbia, including support 

requested by the Director of the United States Secret Service Division in carrying out protective duties under the direction of the 

Secretary of Homeland Security, and for the costs of providing 

support to respond to immediate and specific terrorist threats or 

attacks in the District of Columbia or surrounding jurisdictions. 

FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA COURTS

For salaries and expenses for the District of Columbia Courts, $261,180,000 to be allocated as follows: for the District of Columbia 

Court of Appeals, $12,022,000, of which not to exceed $2,500 is 

for official reception and representation expenses; for the District 

of Columbia Superior Court, $108,524,000, of which not to exceed 

$2,500 is for official reception and representation expenses; for 

the District of Columbia Court System, $65,114,000, of which not 

to exceed $2,500 is for official reception and representation 

expenses; and $75,520,000, to remain available until September 

30, 2011, for capital improvements for District of Columbia courthouse facilities, including structural improvements to the District 

of Columbia cell block at the Moultrie Courthouse: Provided, That 

funds made available for capital improvements shall be expended 

consistent with the General Services Administration (GSA) master 

plan study and building evaluation report: Provided further, That 

notwithstanding any other provision of law, all amounts under 

this heading shall be apportioned quarterly by the Office of Management and Budget and obligated and expended in the same manner 

as funds appropriated for salaries and expenses of other Federal 

agencies, with payroll and financial services to be provided on 

a contractual basis with the GSA, and such services shall include 

the preparation of monthly financial reports, copies of which shall 

be submitted directly by GSA to the President and to the Committees on Appropriations of the House of Representatives and the 

Contracts. 

Deadlines. 

Reports. 

Deadline. 

Reports. 

Accounts. 


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PUBLIC LAW 111–117—DEC. 16, 2009 123 STAT. 3179 

Senate, the Committee on Oversight and Government Reform of 

the House of Representatives, and the Committee on Homeland 

Security and Governmental Affairs of the Senate: Provided further, That 30 days after providing written notice to the Committees 

on Appropriations of the House of Representatives and the Senate, 

the District of Columbia Courts may reallocate not more than 

$1,000,000 of the funds provided under this heading among the 

items and entities funded under this heading for operations, and 

not more than 4 percent of the funds provided under this heading 

for facilities. 

FEDERAL PAYMENT FOR DEFENDER SERVICES IN DISTRICT OF

COLUMBIA COURTS

For payments authorized under section 11–2604 and section 

11–2605, D.C. Official Code (relating to representation provided 

under the District of Columbia Criminal Justice Act), payments 

for counsel appointed in proceedings in the Family Court of the 

Superior Court of the District of Columbia under chapter 23 of 

title 16, D.C. Official Code, or pursuant to contractual agreements 

to provide guardian ad litem representation, training, technical 

assistance, and such other services as are necessary to improve 

the quality of guardian ad litem representation, payments for 

counsel appointed in adoption proceedings under chapter 3 of title 

16, D.C. Official Code, and payments for counsel authorized under 

section 21–2060, D.C. Official Code (relating to representation provided under the District of Columbia Guardianship, Protective Proceedings, and Durable Power of Attorney Act of 1986), $55,000,000, 

to remain available until expended: Provided, That funds provided 

under this heading shall be administered by the Joint Committee 

on Judicial Administration in the District of Columbia: Provided 

further, That notwithstanding any other provision of law, this appropriation shall be apportioned quarterly by the Office of Management 

and Budget and obligated and expended in the same manner as 

funds appropriated for expenses of other Federal agencies, with 

payroll and financial services to be provided on a contractual basis 

with the General Services Administration (GSA), and such services 

shall include the preparation of monthly financial reports, copies 

of which shall be submitted directly by GSA to the President and 

to the Committees on Appropriations of the House of Representatives and the Senate, the Committee on Oversight and Government 

Reform of the House of Representatives, and the Committee on 

Homeland Security and Governmental Affairs of the Senate. 

FEDERAL PAYMENT TO THE COURT SERVICES AND OFFENDER

SUPERVISION AGENCY FOR THE DISTRICT OF COLUMBIA

For salaries and expenses, including the transfer and hire 

of motor vehicles, of the Court Services and Offender Supervision 

Agency for the District of Columbia, as authorized by the National 

Capital Revitalization and Self-Government Improvement Act of 

1997, $212,408,000, of which not to exceed $2,000 is for official 

reception and representation expenses related to Community Supervision and Pretrial Services Agency programs; of which not to 

exceed $25,000 is for dues and assessments relating to the 

implementation of the Court Services and Offender Supervision 

Agency Interstate Supervision Act of 2002; of which $153,856,000 

shall be for necessary expenses of Community Supervision and 

Contracts. 

Deadlines. 

Reports. 

Deadline. 

Notification. 


ccoleman on DSK8P6SHH1 with PUBLIC LAWS
123 STAT. 3180 PUBLIC LAW 111–117—DEC. 16, 2009 

Sex Offender Registration, to include expenses relating to the supervision of adults subject to protection orders or the provision of 

services for or related to such persons; of which $58,552,000 shall 

be available to the Pretrial Services Agency: Provided, That notwithstanding any other provision of law, all amounts under this heading 

shall be apportioned quarterly by the Office of Management and 

Budget and obligated and expended in the same manner as funds 

appropriated for salaries and expenses of other Federal agencies: 

Provided further, That not less than $2,000,000 shall be available 

for re-entrant housing in the District of Columbia: Provided further, 

That the Director is authorized to accept and use gifts in the 

form of in-kind contributions of space and hospitality to support 

offender and defendant programs, and equipment and vocational 

training services to educate and train offenders and defendants: 

Provided further, That the Director shall keep accurate and detailed 

records of the acceptance and use of any gift or donation under 

the previous proviso, and shall make such records available for 

audit and public inspection: Provided further, That the Court Services and Offender Supervision Agency Director is authorized to 

accept and use reimbursement from the District of Columbia 

Government for space and services provided on a cost reimbursable 

basis. 

FEDERAL PAYMENT TO THE PUBLIC DEFENDER SERVICE FOR THE

DISTRICT OF COLUMBIA

For salaries and expenses, including the transfer and hire 

of motor vehicles, of the District of Columbia Public Defender 

Service, as authorized by the National Capital Revitalization and 

Self-Government Improvement Act of 1997, $37,316,000: Provided, 

That notwithstanding any other provision of law, all amounts under 

this heading shall be apportioned quarterly by the Office of Management and Budget and obligated and expended in the same manner 

as funds appropriated for salaries and expenses of Federal agencies. 

FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA WATER AND

SEWER AUTHORITY

For a Federal payment to the District of Columbia Water 

and Sewer Authority, $20,000,000, to remain available until 

expended, to continue implementation of the Combined Sewer Overflow Long-Term Plan: Provided, That the District of Columbia Water 

and Sewer Authority provides a 100 percent match for this payment. 

FEDERAL PAYMENT TO THE CRIMINAL JUSTICE COORDINATING

COUNCIL

For a Federal payment to the Criminal Justice Coordinating 

Council, $2,000,000, to remain available until expended, to support 

initiatives related to the coordination of Federal and local criminal 

justice resources in the District of Columbia. 

FEDERAL PAYMENT FOR JUDICIAL COMMISSIONS

For a Federal payment, to remain available until September 

30, 2011, to the Commission on Judicial Disabilities and Tenure, 

$295,000, and for the Judicial Nomination Commission, $205,000. 

Records. 

Public 

information. 

Deadline. 


ccoleman on DSK8P6SHH1 with PUBLIC LAWS
PUBLIC LAW 111–117—DEC. 16, 2009 123 STAT. 3181 

FEDERAL PAYMENT TO THE OFFICE OF THE CHIEF FINANCIAL OFFICER

FOR THE DISTRICT OF COLUMBIA

For a Federal payment to the Office of the Chief Financial Officer for the District of Columbia, $1,850,000, in the amounts 

and for the projects specified in the table that appears under 

the heading ‘‘Federal Payment to the Office of the Chief Financial 

Officer for the District of Columbia’’ in the statement of managers 

to accompany this Act: Provided, That each entity that receives 

funding under this heading shall submit to the Office of the Chief 

Financial Officer for the District of Columbia (CFO), not later 

than 60 days after enactment of this Act, a detailed budget and 

comprehensive description of the activities to be carried out with 

such funds, and the CFO shall submit a comprehensive report 

to the Committees on Appropriations of the House of Representatives and the Senate not later than June 1, 2010. 

FEDERAL PAYMENT FOR SCHOOL IMPROVEMENT

For a Federal payment for a school improvement program in the District of Columbia, $75,400,000, to be allocated as follows: 

for the District of Columbia Public Schools, $42,200,000 to improve 

public school education in the District of Columbia; for the State 

Education Office, $20,000,000 to expand quality public charter 

schools in the District of Columbia, to remain available until 

expended; for the Secretary of the Department of Education, 

$13,200,000 to provide opportunity scholarships for students in 

the District of Columbia in accordance with title III of division 

C of the District of Columbia Appropriations Act, 2004 (Public 

Law 108–199; 118 Stat. 126), to remain available until expended, 

of which up to $1,000,000 may be used to administer and fund 

assessments, and of which up to $1,000,000 may be used to administer testing of students to determine and compare academic 

performance of the schools enrolling students participating in the 

opportunity scholarship program: Provided, That notwithstanding 

the second proviso under this heading in Public Law 111–8, funds 

provided herein may only be used to provide opportunity scholarships to students who received scholarships in the 2009–2010 school 

year: Provided further, That funds available under this heading 

for opportunity scholarships, including from prior-year appropriations Acts, may be made available only for scholarships to students 

who received scholarships in the 2009–2010 school year: Provided 

further, That none of the funds provided in this Act or any other 

Act for opportunity scholarships may be used by an eligible student 

to enroll in a participating school under the DC School Choice 

Incentive Act of 2003 unless (1) the participating school has and 

maintains a valid certificate of occupancy issued by the District 

of Columbia; (2) the core subject matter teachers of the eligible 

student hold 4-year bachelor’s degrees; and (3) the participating 

school is in compliance with the accreditation and other standards 

prescribed under the District of Columbia compulsory school attendance laws that apply to educational institutions not affiliated with 

the District of Columbia Public Schools: Provided further, That 

the Secretary of Education shall submit a report to Congress not 

later than June 15, 2010 detailing the academic rigor and quality 

of each participating school and that for the purposes of submitting 

the report the Secretary shall administer to eligible students participating in the program the same tests of academic performance 

Reports. 

Deadline. 

Deadlines. 

Budget. 

Reports. 


ccoleman on DSK8P6SHH1 with PUBLIC LAWS
123 STAT. 3182 PUBLIC LAW 111–117—DEC. 16, 2009 

as those administered to students enrolled in the District of 

Columbia Public Schools in the 2009–2010 school year and the 

Secretary shall utilize the performance of scholarship recipients 

on that test as well as other metrics of academic quality considered 

appropriate by the Secretary to evaluate the academic rigor and 

quality of participating schools and include in this report comparative data on District of Columbia Public Schools and Public Charter 

Schools: Provided further, That the Secretary of Education shall 

ensure that site inspections of participating schools are conducted 

at least twice annually. 

FEDERAL PAYMENT FOR CONSOLIDATED LABORATORY FACILITY

For a Federal payment to the District of Columbia, $15,000,000, 

to remain available until September 30, 2011, for costs associated 

with the construction of a consolidated bioterrorism and forensics 

laboratory: Provided, That the District of Columbia provides a 100 

percent match for this payment. 

FEDERAL PAYMENT FOR THE DISTRICT OF COLUMBIA NATIONAL GUARD

For a Federal payment to the District of Columbia National 

Guard, $375,000, to remain available until expended for the District 

of Columbia National Guard retention and college access programs, 

which shall hereafter be known as the ‘‘Major General David F. 

Wherley, Jr. District of Columbia National Guard Retention and 

College Access Program’’. 

FEDERAL PAYMENT FOR HOUSING FOR THE HOMELESS

For a Federal payment to the District of Columbia, $17,000,000, 

to remain available until September 30, 2011, to support permanent 

supportive housing programs in the District. 

FEDERAL PAYMENT FOR YOUTH SERVICES

For a Federal payment to the District of Columbia, $4,000,000, 

to remain available until September 30, 2011, to support the ‘‘Reconnecting Disconnected Youth’’ initiative. 

DISTRICT OF COLUMBIA FUNDS

The following amounts are appropriated for the District of 

Columbia for the current fiscal year out of the General Fund of 

the District of Columbia (‘‘General Fund’’), except as otherwise 

specifically provided: Provided, That notwithstanding any other 

provision of law, except as provided in section 450A of the District 

of Columbia Home Rule Act, (114 Stat. 2440; D.C. Official Code, 

section 1–204.50a) and provisions of the Fiscal Year 2010 Budget 

Request Act, the total amount appropriated in this Act for operating 

expenses for the District of Columbia for fiscal year 2010 under 

this heading shall not exceed the lesser of the sum of the total 

revenues of the District of Columbia for such fiscal year or 

$10,016,041,000 (of which $5,637,824,000 shall be from local funds, 

(including $394,417,000 from dedicated taxes) $2,661,782,000 shall 

be from Federal grant funds, $1,711,249,000 shall be from other 

funds, and $5,187,000 shall be from private funds); in addition, 

$185,725,000 from funds previously appropriated in this Act as 

Inspections. 

Deadline. 


ccoleman on DSK8P6SHH1 with PUBLIC LAWS
PUBLIC LAW 111–117—DEC. 16, 2009 123 STAT. 3183 

Federal payments, which does not include funds appropriated under 

the American Recovery and Reinvestment Act of 2009 (Public Law 

111–5): Provided further, That of the local funds, such amounts 

as may be necessary may be derived from the District’s General 

Fund balance: Provided further, That of these funds the District’s 

intradistrict authority shall be $791,096,000: in addition for capital 

construction projects, an increase of $3,249,642,000, of which 

$2,685,760,000 shall be from local funds, $54,893,000 from the 

District of Columbia Highway Trust fund, $186,805,000 from the 

Local Street Maintenance fund, $322,184,000 from Federal grant 

funds, and a rescission of $1,834,494,000 from local funds and 

a rescission of $91,327,000 from Local Street Maintenance funds 

appropriated under this heading in prior fiscal years for a net 

amount of $1,323,821,000, to remain available until expended: Provided further, That the amounts provided under this heading are 

to be available, allocated and expended as proposed under Title 

III of the Fiscal Year 2010 Budget Request Act at the rate set 

forth under ‘‘District of Columbia Funds Division of Expenses’’ 

of the Fiscal Year 2010 Proposed Budget and Financial Plan submitted to the Congress of the United States by the District of 

Columbia on September 28, 2009: Provided further, That this 

amount may be increased by proceeds of one-time transactions, 

which are expended for emergency or unanticipated operating or 

capital needs: Provided further, That such increases shall be 

approved by enactment of local District law and shall comply with 

all reserve requirements contained in the District of Columbia 

Home Rule Act (87 Stat. 777; D.C. Official Code sec. 1–201.01 

et seq.): Provided further, That the Chief Financial Officer of the 

District of Columbia shall take such steps as are necessary to 

assure that the District of Columbia meets these requirements, 

including the apportioning by the Chief Financial Officer of the 

appropriations and funds made available to the District during 

fiscal year 2010, except that the Chief Financial Officer may not 

reprogram for operating expenses any funds derived from bonds, 

notes, or other obligations issued for capital projects. 

This title may be cited as the ‘‘District of Columbia Appropriations Act, 2010’’. 

TITLE V 

INDEPENDENT AGENCIES 

ADMINISTRATIVE CONFERENCE OF THE UNITED STATES

SALARIES AND EXPENSES

For necessary expenses of the Administrative Conference of 

the United States, authorized by 5 U.S.C. 591 et seq., $1,500,000, 

to remain available until September 30, 2011, of which not to 

exceed $1,000 is for official reception and representation expenses. 

CHRISTOPHER COLUMBUS FELLOWSHIP FOUNDATION

SALARIES AND EXPENSES

For payment to the Christopher Columbus Fellowship Foundation, established by section 423 of Public Law 102–281, $750,000, 

to remain available until expended. 


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123 STAT. 3184 PUBLIC LAW 111–117—DEC. 16, 2009 

CONSUMER PRODUCT SAFETY COMMISSION

SALARIES AND EXPENSES

For necessary expenses of the Consumer Product Safety 

Commission, including hire of passenger motor vehicles, services 

as authorized by 5 U.S.C. 3109, but at rates for individuals not 

to exceed the per diem rate equivalent to the maximum rate payable 

under 5 U.S.C. 5376, purchase of nominal awards to recognize 

non-Federal officials’ contributions to Commission activities, and 

not to exceed $2,000 for official reception and representation 

expenses, $118,200,000, of which $2,000,000 shall remain available 

for obligation until September 30, 2011, to implement the Virginia 

Graeme Baker Pool and Spa Safety Act grant program as provided 

by section 1405 of Public Law 110–140 (15 U.S.C. 8004). 

ELECTION ASSISTANCE COMMISSION

SALARIES AND EXPENSES

(INCLUDING TRANSFER OF FUNDS)

For necessary expenses to carry out the Help America Vote 

Act of 2002 (Public Law 107–252), $17,959,000, of which $3,500,000 

shall be transferred to the National Institute of Standards and 

Technology for election reform activities authorized under the Help 

America Vote Act of 2002: Provided, That $750,000 shall be for 

the Help America Vote College Program as authorized by the Help 

America Vote Act of 2002: Provided further, That $300,000 shall 

be for a competitive grant program to support community involvement in student and parent mock elections. 

ELECTION REFORM PROGRAMS

For necessary expenses relating to election reform programs, 

$75,000,000, to remain available until expended, of which 

$70,000,000 shall be for requirements payments under part 1 of 

subtitle D of title II of the Help America Vote Act of 2002 (Public 

Law 107–252), $3,000,000 shall be for grants to carry out research 

on voting technology improvements as authorized under part 3 

of subtitle D of title II of such Act, and $2,000,000, shall be to 

conduct a pilot program for grants to States and units of local 

government for pre-election logic and accuracy testing and postelection voting systems verification. 

FEDERAL COMMUNICATIONS COMMISSION

SALARIES AND EXPENSES

For necessary expenses of the Federal Communications 

Commission, as authorized by law, including uniforms and allowances therefor, as authorized by 5 U.S.C. 5901–5902; not to exceed 

$4,000 for official reception and representation expenses; purchase 

and hire of motor vehicles; special counsel fees; and services as 

authorized by 5 U.S.C. 3109, $335,794,000: Provided, That 

$335,794,000 of offsetting collections shall be assessed and collected 

pursuant to section 9 of title I of the Communications Act of 

1934, shall be retained and used for necessary expenses in this 


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PUBLIC LAW 111–117—DEC. 16, 2009 123 STAT. 3185 

appropriation, and shall remain available until expended: Provided 

further, That the sum herein appropriated shall be reduced as 

such offsetting collections are received during fiscal year 2010 so 

as to result in a final fiscal year 2010 appropriation estimated 

at $0: Provided further, That any offsetting collections received 

in excess of $335,794,000 in fiscal year 2010 shall not be available 

for obligation: Provided further, That remaining offsetting collections from prior years collected in excess of the amount specified 

for collection in each such year and otherwise becoming available 

on October 1, 2009, shall not be available for obligation: Provided 

further, That notwithstanding 47 U.S.C. 309(j)(8)(B), proceeds from 

the use of a competitive bidding system that may be retained 

and made available for obligation shall not exceed $85,000,000 

for fiscal year 2010: Provided further, That the Inspector General 

of the Federal Communications Commission shall examine whether, 

and to what extent, the National Exchange Carrier Association, 

Inc. is acting in compliance with the Communications Act of 1934, 

as amended, and the regulations promulgated thereunder, and 

whether, and to what extent, the FCC has delegated authority 

to National Exchange Carrier Association, Inc. consistent with the 

Communications Act of 1934, as amended: Provided further, That 

the Federal Communications Commission Inspector General shall 

submit a report to Congress not later than July 1, 2010, setting 

forth the conclusions of such examination. 

ADMINISTRATIVE PROVISIONS—FEDERAL COMMUNICATIONS

COMMISSION

SEC. 501. Section 302 of the Universal Service Antideficiency 

Temporary Suspension Act is amended by striking ‘‘December 31, 

2009’’, each place it appears and inserting ‘‘December 31, 2010’’. 

SEC. 502. None of the funds appropriated by this Act may 

be used by the Federal Communications Commission to modify, 

amend, or change its rules or regulations for universal service 

support payments to implement the February 27, 2004 recommendations of the Federal-State Joint Board on Universal Service 

regarding single connection or primary line restrictions on universal 

service support payments. 

FEDERAL DEPOSIT INSURANCE CORPORATION

OFFICE OF THE INSPECTOR GENERAL

For necessary expenses of the Office of Inspector General in 

carrying out the provisions of the Inspector General Act of 1978, 

$37,942,000, to be derived from the Deposit Insurance Fund or, 

only when appropriate, the FSLIC Resolution Fund. 

FEDERAL ELECTION COMMISSION

SALARIES AND EXPENSES

For necessary expenses to carry out the provisions of the Federal Election Campaign Act of 1971, $66,500,000, of which not 

to exceed $5,000 shall be available for reception and representation 

expenses. 

118 Stat. 3998. 

Reports. 

Deadline. 

Examination. 


ccoleman on DSK8P6SHH1 with PUBLIC LAWS
123 STAT. 3186 PUBLIC LAW 111–117—DEC. 16, 2009 

FEDERAL LABOR RELATIONS AUTHORITY

SALARIES AND EXPENSES

For necessary expenses to carry out functions of the Federal 

Labor Relations Authority, pursuant to Reorganization Plan Numbered 2 of 1978, and the Civil Service Reform Act of 1978, including 

services authorized by 5 U.S.C. 3109, and including hire of experts 

and consultants, hire of passenger motor vehicles, and rental of 

conference rooms in the District of Columbia and elsewhere, 

$24,773,000: Provided, That public members of the Federal Service 

Impasses Panel may be paid travel expenses and per diem in 

lieu of subsistence as authorized by law (5 U.S.C. 5703) for persons 

employed intermittently in the Government service, and compensation as authorized by 5 U.S.C. 3109: Provided further, That notwithstanding 31 U.S.C. 3302, funds received from fees charged to nonFederal participants at labor-management relations conferences 

shall be credited to and merged with this account, to be available 

without further appropriation for the costs of carrying out these 

conferences. 

FEDERAL TRADE COMMISSION

SALARIES AND EXPENSES

For necessary expenses of the Federal Trade Commission, 

including uniforms or allowances therefor, as authorized by 5 U.S.C. 

5901–5902; services as authorized by 5 U.S.C. 3109; hire of passenger motor vehicles; and not to exceed $2,000 for official reception 

and representation expenses, $291,700,000, to remain available 

until expended: Provided, That not to exceed $300,000 shall be 

available for use to contract with a person or persons for collection 

services in accordance with the terms of 31 U.S.C. 3718: Provided 

further, That, notwithstanding any other provision of law, not to 

exceed $102,000,000 of offsetting collections derived from fees collected for premerger notification filings under the Hart-Scott-Rodino 

Antitrust Improvements Act of 1976 (15 U.S.C. 18a), regardless 

of the year of collection, shall be retained and used for necessary 

expenses in this appropriation: Provided further, That, notwithstanding any other provision of law, not to exceed $21,000,000 

in offsetting collections derived from fees sufficient to implement 

and enforce the Telemarketing Sales Rule, promulgated under the 

Telemarketing and Consumer Fraud and Abuse Prevention Act 

(15 U.S.C. 6101 et seq.), shall be credited to this account, and 

be retained and used for necessary expenses in this appropriation: 

Provided further, That the sum herein appropriated from the general fund shall be reduced as such offsetting collections are received 

during fiscal year 2010, so as to result in a final fiscal year 2010 

appropriation from the general fund estimated at not more than 

$168,700,000: Provided further, That none of the funds made available to the Federal Trade Commission may be used to implement 

subsection (e)(2)(B) of section 43 of the Federal Deposit Insurance 

Act (12 U.S.C. 1831t). 


ccoleman on DSK8P6SHH1 with PUBLIC LAWS
PUBLIC LAW 111–117—DEC. 16, 2009 123 STAT. 3187 

GENERAL SERVICES ADMINISTRATION

REAL PROPERTY ACTIVITIES

FEDERAL BUILDINGS FUND

LIMITATIONS ON AVAILABILITY OF REVENUE

For an additional amount to be deposited in the Federal Buildings Fund, $537,900,000. Amounts in the Fund, including 

revenues and collections deposited into the Fund shall be available 

for necessary expenses of real property management and related 

activities not otherwise provided for, including operation, maintenance, and protection of federally owned and leased buildings; rental 

of buildings in the District of Columbia; restoration of leased premises; moving governmental agencies (including space adjustments 

and telecommunications relocation expenses) in connection with 

the assignment, allocation and transfer of space; contractual services incident to cleaning or servicing buildings, and moving; repair 

and alteration of federally owned buildings including grounds, 

approaches and appurtenances; care and safeguarding of sites; 

maintenance, preservation, demolition, and equipment; acquisition 

of buildings and sites by purchase, condemnation, or as otherwise 

authorized by law; acquisition of options to purchase buildings 

and sites; conversion and extension of federally owned buildings; 

preliminary planning and design of projects by contract or otherwise; construction of new buildings (including equipment for such 

buildings); and payment of principal, interest, and any other obligations for public buildings acquired by installment purchase and 

purchase contract; in the aggregate amount of $8,543,585,000, of 

which: (1) $894,037,000 shall remain available until expended for 

construction and acquisition (including funds for sites and expenses 

and associated design and construction services) of additional 

projects at the following locations: 

New Construction: 

Alabama: 

Mobile, United States Courthouse, $50,000,000. 

California: 

Calexico, Calexico West, Land Port of Entry, 

$9,437,000. 

Colorado: 

Lakewood, Denver Federal Center Remediation, 

$9,962,000. 

District of Columbia: 

Columbia Plaza, $100,000,000. 

Southeast Federal Center Remediation, $15,000,000. 

Florida: 

Miami, Federal Bureau of Investigation Field Office 

Consolidation, $190,675,000. 

Georgia: 

Savannah, United States Courthouse, $7,900,000. 

Maine: 

Madawaska, Land Port of Entry, $50,127,000. 

Maryland: 

White Oak, Food and Drug Administration Consolidation, $137,871,000. 

Greenbelt, United States Courthouse, $10,000,000. 


ccoleman on DSK8P6SHH1 with PUBLIC LAWS
123 STAT. 3188 PUBLIC LAW 111–117—DEC. 16, 2009 

Pennsylvania: Lancaster, United States Courthouse, $6,500,000. 

Texas: 

El Paso, Tornillo-Guadalupe, Land Port of Entry, 

$91,565,000. 

San Antonio, United States Courthouse, $4,000,000. 

Utah: 

Salt Lake City, United States Courthouse, 

$211,000,000: 

Provided, That each of the foregoing limits of costs on new construction projects may be exceeded to the extent that savings are effected 

in other such projects, but not to exceed 10 percent of the amounts 

included in an approved prospectus, if required, unless advance 

approval is obtained from the Committees on Appropriations of 

a greater amount: Provided further, That all funds for direct 

construction projects shall expire on September 30, 2011 and remain 

in the Federal Buildings Fund except for funds for projects as 

to which funds for design or other funds have been obligated in 

whole or in part prior to such date: Provided further, That for 

fiscal year 2011 and thereafter, the annual budget submission to 

Congress for the General Services Administration shall include 

a detailed 5-year plan for Federal building construction projects 

with a yearly update of total projected future funding needs: Provided further, That for fiscal year 2011 and thereafter, the annual 

budget submission to Congress for the General Services Administration shall, in consultation with U.S. Customs and Border Protection, 

include a detailed 5-year plan for Federal land port-of-entry projects 

with a yearly update of total projected future funding needs; (2) 

$413,776,000 shall remain available until expended for repairs and 

alterations, which includes associated design and construction services: 

Repairs and Alterations: 

District of Columbia: 

East Wing Infrastructure Systems Replacement, 

$84,500,000. 

Eisenhower Executive Office Building Roof Replacement, $15,000,000. 

New Executive Office Building, $30,276,000. 

Special Emphasis Programs: 

Fire and Life Safety Program, $20,000,000. 

Energy and Water Retrofit and Conservation Measures, $2,000,000. 

Federal High-Performance Green Buildings, 

$2,000,000. 

Basic Repairs and Alterations, $260,000,000: 

Provided further, That funds made available in this or any previous 

Act in the Federal Buildings Fund for Repairs and Alterations 

shall, for prospectus projects, be limited to the amount identified 

for each project, except each project in this or any previous Act 

may be increased by an amount not to exceed 10 percent unless 

advance approval is obtained from the Committees on Appropriations of a greater amount: Provided further, That additional projects 

for which prospectuses have been fully approved may be funded 

under this category only if advance approval is obtained from the 

Committees on Appropriations: Provided further, That the amounts 

provided in this or any prior Act for ‘‘Repairs and Alterations’’ 

may be used to fund costs associated with implementing security 

Advanced 

approval. 

Advanced 

approval. 

Project plan. 

Project plan. 

40 USC 301 note. 

Expiration date. 


ccoleman on DSK8P6SHH1 with PUBLIC LAWS
PUBLIC LAW 111–117—DEC. 16, 2009 123 STAT. 3189 

improvements to buildings necessary to meet the minimum standards for security in accordance with current law and in compliance 

with the reprogramming guidelines of the appropriate Committees 

of the House and Senate: Provided further, That the difference 

between the funds appropriated and expended on any projects in 

this or any prior Act, under the heading ‘‘Repairs and Alterations’’, 

may be transferred to Basic Repairs and Alterations or used to 

fund authorized increases in prospectus projects: Provided further, 

That all funds for repairs and alterations prospectus projects shall 

expire on September 30, 2011 and remain in the Federal Buildings 

Fund except funds for projects as to which funds for design or 

other funds have been obligated in whole or in part prior to such 

date: Provided further, That the amount provided in this or any 

prior Act for Basic Repairs and Alterations may be used to pay 

claims against the Government arising from any projects under 

the heading ‘‘Repairs and Alterations’’ or used to fund authorized 

increases in prospectus projects; (3) $140,525,000 for installment 

acquisition payments including payments on purchase contracts 

which shall remain available until expended; (4) $4,804,871,000 

for rental of space which shall remain available until expended; 

and (5) $2,290,376,000 for building operations which shall remain 

available until expended: Provided further, That funds available 

to the General Services Administration shall not be available for 

expenses of any construction, repair, alteration and acquisition 

project for which a prospectus, if required by the Public Buildings 

Act of 1959, has not been approved, except that necessary funds 

may be expended for each project for required expenses for the 

development of a proposed prospectus: Provided further, That funds 

available in the Federal Buildings Fund may be expended for emergency repairs when advance approval is obtained from the Committees on Appropriations: Provided further, That amounts necessary 

to provide reimbursable special services to other agencies under 

40 U.S.C. 592(b)(2) and amounts to provide such reimbursable 

fencing, lighting, guard booths, and other facilities on private or 

other property not in Government ownership or control as may 

be appropriate to enable the United States Secret Service to perform 

its protective functions pursuant to 18 U.S.C. 3056, shall be available from such revenues and collections: Provided further, That 

revenues and collections and any other sums accruing to this Fund 

during fiscal year 2010, excluding reimbursements under 40 U.S.C. 

592(b)(2) in excess of the aggregate new obligational authority 

authorized for Real Property Activities of the Federal Buildings 

Fund in this Act shall remain in the Fund and shall not be available 

for expenditure except as authorized in appropriations Acts. 

GENERAL ACTIVITIES

GOVERNMENT-WIDE POLICY

For expenses authorized by law, not otherwise provided for, 

for Government-wide policy and evaluation activities associated 

with the management of real and personal property assets and 

certain administrative services; Government-wide policy support 

responsibilities relating to acquisition, telecommunications, 

information technology management, and related technology activities; and services as authorized by 5 U.S.C. 3109; $59,665,000. 

Expiration date. 


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123 STAT. 3190 PUBLIC LAW 111–117—DEC. 16, 2009 

OPERATING EXPENSES

For expenses authorized by law, not otherwise provided for, 

for Government-wide activities associated with utilization and donation of surplus personal property; disposal of real property; agencywide policy direction, management, and communications; the 

Civilian Board of Contract Appeals; services as authorized by 5 

U.S.C. 3109; and not to exceed $7,500 for official reception and 

representation expenses; $72,881,000, of which $1,000,000 shall 

be for a payment to the Oklahoma City National Memorial Foundation as authorized by 16 U.S.C. 450ss–5. 

OFFICE OF INSPECTOR GENERAL

For necessary expenses of the Office of Inspector General and 

service authorized by 5 U.S.C. 3109, $59,000,000: Provided, That 

not to exceed $15,000 shall be available for payment for information 

and detection of fraud against the Government, including payment 

for recovery of stolen Government property: Provided further, That 

not to exceed $2,500 shall be available for awards to employees 

of other Federal agencies and private citizens in recognition of 

efforts and initiatives resulting in enhanced Office of Inspector 

General effectiveness. 

ELECTRONIC GOVERNMENT FUND

(INCLUDING TRANSFER OF FUNDS)

For necessary expenses in support of interagency projects that 

enable the Federal Government to expand its ability to conduct 

activities electronically, through the development and implementation of innovative uses of the Internet and other electronic methods, 

$34,000,000, to remain available until expended: Provided, That 

these funds may be transferred to Federal agencies to carry out 

the purpose of the Fund: Provided further, That this transfer 

authority shall be in addition to any other transfer authority provided in this Act: Provided further, That such transfers may not 

be made until 10 days after a proposed spending plan and explanation for each project to be undertaken has been submitted to 

the Committees on Appropriations of the House of Representatives 

and the Senate. 

ALLOWANCES AND OFFICE STAFF FOR FORMER PRESIDENTS

For carrying out the provisions of the Act of August 25, 1958 

(3 U.S.C. 102 note), and Public Law 95–138, $3,756,000. 

FEDERAL CITIZEN SERVICES FUND

For necessary expenses of the Office of Citizen Services, 

including services authorized by 5 U.S.C. 3109, $36,515,000, to 

be deposited into the Federal Citizen Services Fund: Provided, 

That the appropriations, revenues, and collections deposited into 

the Fund shall be available for necessary expenses of Federal Citizen Services activities in the aggregate amount not to exceed 

$61,000,000. Appropriations, revenues, and collections accruing to 

this Fund during fiscal year 2010 in excess of such amount shall 

Time period. 

Spending plan. 


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PUBLIC LAW 111–117—DEC. 16, 2009 123 STAT. 3191 

remain in the Fund and shall not be available for expenditure 

except as authorized in appropriations Acts. 

ADMINISTRATIVE PROVISIONS—GENERAL SERVICES ADMINISTRATION

(INCLUDING TRANSFERS OF FUNDS)

SEC. 510. Funds available to the General Services Administration shall be available for the hire of passenger motor vehicles. 

SEC. 511. Funds in the Federal Buildings Fund made available 

for fiscal year 2010 for Federal Buildings Fund activities may 

be transferred between such activities only to the extent necessary 

to meet program requirements: Provided, That any proposed transfers shall be approved in advance by the Committees on Appropriations of the House of Representatives and the Senate. 

SEC. 512. Except as otherwise provided in this title, funds 

made available by this Act shall be used to transmit a fiscal year 

2011 request for United States Courthouse construction only if 

the request: (1) meets the design guide standards for construction 

as established and approved by the General Services Administration, the Judicial Conference of the United States, and the Office 

of Management and Budget; (2) reflects the priorities of the Judicial 

Conference of the United States as set out in its approved 5- 

year construction plan; and (3) includes a standardized courtroom 

utilization study of each facility to be constructed, replaced, or 

expanded. 

SEC. 513. None of the funds provided in this Act may be 

used to increase the amount of occupiable square feet, provide 

cleaning services, security enhancements, or any other service usually provided through the Federal Buildings Fund, to any agency 

that does not pay the rate per square foot assessment for space 

and services as determined by the General Services Administration 

in compliance with the Public Buildings Amendments Act of 1972 

(Public Law 92–313). 

SEC. 514. From funds made available under the heading ‘‘Federal Buildings Fund, Limitations on Availability of Revenue’’, claims 

against the Government of less than $250,000 arising from direct 

construction projects and acquisition of buildings may be liquidated 

from savings effected in other construction projects with prior 

notification to the Committees on Appropriations of the House 

of Representatives and the Senate. 

SEC. 515. In any case in which the Committee on Transportation and Infrastructure of the House of Representatives and the 

Committee on Environment and Public Works of the Senate adopt 

a resolution granting lease authority pursuant to a prospectus 

transmitted to Congress by the Administrator of the General Services Administration under 40 U.S.C. 3307, the Administrator shall 

ensure that the delineated area of procurement is identical to 

the delineated area included in the prospectus for all lease agreements, except that, if the Administrator determines that the delineated area of the procurement should not be identical to the delineated area included in the prospectus, the Administrator shall 

provide an explanatory statement to each of such committees and 

the Committees on Appropriations of the House of Representatives 

and the Senate prior to exercising any lease authority provided 

in the resolution. 

Contracts. 

Explanatory 

statement. 

Advanced 

approval. 


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123 STAT. 3192 PUBLIC LAW 111–117—DEC. 16, 2009 

SEC. 516. In furtherance of the emergency management policy 

set forth in the Robert T. Stafford Disaster Relief and Emergency 

Assistance Act, the Administrator of the General Services Administration may provide for the use of the Federal supply schedules 

of the General Services Administration by relief and disaster assistance organizations as described in section 309 of that Act. Purchases 

under this authority shall be limited to use in preparation for, 

response to, and recovery from hazards as defined in section 602 

of that Act. 

HARRY S TRUMAN SCHOLARSHIP FOUNDATION

SALARIES AND EXPENSES

For payment to the Harry S Truman Scholarship Foundation 

Trust Fund, established by section 10 of Public Law 93–642, 

$660,000, to remain available until expended. 

MERIT SYSTEMS PROTECTION BOARD

SALARIES AND EXPENSES

(INCLUDING TRANSFER OF FUNDS)

For necessary expenses to carry out functions of the Merit 

Systems Protection Board pursuant to Reorganization Plan Numbered 2 of 1978, the Civil Service Reform Act of 1978, and the 

Whistleblower Protection Act of 1989 (5 U.S.C. 5509 note), including 

services as authorized by 5 U.S.C. 3109, rental of conference rooms 

in the District of Columbia and elsewhere, hire of passenger motor 

vehicles, direct procurement of survey printing, and not to exceed 

$2,000 for official reception and representation expenses, 

$40,339,000 together with not to exceed $2,579,000 for administrative expenses to adjudicate retirement appeals to be transferred 

from the Civil Service Retirement and Disability Fund in amounts 

determined by the Merit Systems Protection Board. 

MORRIS K. UDALL AND STEWART L. UDALL FOUNDATION

MORRIS K. UDALL AND STEWART L. UDALL TRUST FUND

(INCLUDING TRANSFER OF FUNDS)

For payment to the Morris K. Udall and Stewart L. Udall 

Trust Fund, pursuant to the Morris K. Udall and Stewart L. Udall 

Foundation Act (20 U.S.C. 5601 et seq.), $2,500,000, to remain 

available until expended, of which up to $50,000 shall be used 

to conduct financial audits pursuant to the Accountability of Tax 

Dollars Act of 2002 (Public Law 107–289) notwithstanding sections 

8 and 9 of Public Law 102–259: Provided, That up to 60 percent 

of such funds may be transferred by the Morris K. Udall and 

Stewart L. Udall Foundation for the necessary expenses of the 

Native Nations Institute. 

ENVIRONMENTAL DISPUTE RESOLUTION FUND

For payment to the Environmental Dispute Resolution Fund 

to carry out activities authorized in the Environmental Policy and 


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PUBLIC LAW 111–117—DEC. 16, 2009 123 STAT. 3193 

Conflict Resolution Act of 1998, $3,800,000, to remain available 

until expended. 

NATIONAL ARCHIVES AND RECORDS ADMINISTRATION

OPERATING EXPENSES

For necessary expenses in connection with the administration 

of the National Archives and Records Administration (including 

the Information Security Oversight Office) and archived Federal 

records and related activities, as provided by law, and for expenses 

necessary for the review and declassification of documents and 

the activities of the Public Interest Declassification Board, and 

for the hire of passenger motor vehicles, and for uniforms or allowances therefor, as authorized by law (5 U.S.C. 5901 et seq.), 

including maintenance, repairs, and cleaning, $339,770,000. 

OFFICE OF INSPECTOR GENERAL

For necessary expenses of the Office of Inspector General in 

carrying out the provisions of the Inspector General Reform Act 

of 2008, Public Law 110–409, 122 Stat. 4302–16 (2008), and the 

Inspector General Act of 1978 (5 U.S.C. App.), and for the hire 

of passenger motor vehicles, $4,100,000. 

ELECTRONIC RECORDS ARCHIVES

For necessary expenses in connection with the development 

of the electronic records archives, to include all direct project costs 

associated with research, analysis, design, development, and program management, $85,500,000, of which $61,757,000 shall remain 

available until September 30, 2012: Provided, That none of the 

multi-year funds may be obligated until the National Archives 

and Records Administration submits to the Committees on Appropriations, and such Committees approve, a plan for expenditure 

that: (1) meets the capital planning and investment control review 

requirements established by the Office of Management and Budget, 

including Circular A–11; (2) complies with the National Archives 

and Records Administration’s enterprise architecture; (3) conforms 

with the National Archives and Records Administration’s enterprise 

life cycle methodology; (4) is approved by the National Archives 

and Records Administration and the Office of Management and 

Budget; (5) has been reviewed by the Government Accountability 

Office; and (6) complies with the acquisition rules, requirements, 

guidelines, and systems acquisition management practices of the 

Federal Government. 

REPAIRS AND RESTORATION

For the repair, alteration, and improvement of archives facilities, and to provide adequate storage for holdings, $27,500,000, 

to remain available until expended. 

Expenditure 

plan. 


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123 STAT. 3194 PUBLIC LAW 111–117—DEC. 16, 2009 

NATIONAL HISTORICAL PUBLICATIONS AND RECORDS COMMISSION

GRANTS PROGRAM

For necessary expenses for allocations and grants for historical 

publications and records as authorized by 44 U.S.C. 2504, 

$13,000,000, to remain available until expended. 

NATIONAL CREDIT UNION ADMINISTRATION

CENTRAL LIQUIDITY FACILITY

During fiscal year 2010, gross obligations of the Central 

Liquidity Facility for the principal amount of new direct loans 

to member credit unions, as authorized by 12 U.S.C. 1795 et seq., 

shall be the amount authorized by section 307(a)(4)(A) of the Federal 

Credit Union Act (12 U.S.C. 1795f(a)(4)(A)): Provided, That administrative expenses of the Central Liquidity Facility in fiscal year 

2010 shall not exceed $1,250,000. 

COMMUNITY DEVELOPMENT REVOLVING LOAN FUND

For the Community Development Revolving Loan Fund program as authorized by 42 U.S.C. 9812, 9822 and 9910, $1,250,000 

shall be available until September 30, 2011 for technical assistance 

to low-income designated credit unions. 

OFFICE OF GOVERNMENT ETHICS

SALARIES AND EXPENSES

For necessary expenses to carry out functions of the Office 

of Government Ethics pursuant to the Ethics in Government Act 

of 1978, and the Ethics Reform Act of 1989, including services 

as authorized by 5 U.S.C. 3109, rental of conference rooms in 

the District of Columbia and elsewhere, hire of passenger motor 

vehicles, and not to exceed $1,500 for official reception and representation expenses, $14,000,000. 

OFFICE OF PERSONNEL MANAGEMENT

SALARIES AND EXPENSES

(INCLUDING TRANSFER OF TRUST FUNDS)

For necessary expenses to carry out functions of the Office 

of Personnel Management pursuant to Reorganization Plan Numbered 2 of 1978 and the Civil Service Reform Act of 1978, including 

services as authorized by 5 U.S.C. 3109; medical examinations 

performed for veterans by private physicians on a fee basis; rental 

of conference rooms in the District of Columbia and elsewhere; 

hire of passenger motor vehicles; not to exceed $2,500 for official 

reception and representation expenses; advances for reimbursements to applicable funds of the Office of Personnel Management 

and the Federal Bureau of Investigation for expenses incurred 

under Executive Order No. 10422 of January 9, 1953, as amended; 

and payment of per diem and/or subsistence allowances to 

employees where Voting Rights Act activities require an employee 


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PUBLIC LAW 111–117—DEC. 16, 2009 123 STAT. 3195 

to remain overnight at his or her post of duty, $102,970,000, of 

which $5,908,000 shall remain available until September 30, 2011 

for the Enterprise Human Resources Integration project; $1,364,000 

shall remain available until September 30, 2011 for the Human 

Resources Line of Business project; and in addition $112,738,000 

for administrative expenses, to be transferred from the appropriate 

trust funds of the Office of Personnel Management without regard 

to other statutes, including direct procurement of printed materials, 

for the retirement and insurance programs, of which not more 

than $9,300,000 shall remain available until September 30, 2011 

for the cost of implementing the new integrated financial system 

and not more than $4,000,000 shall remain available until September 30, 2011 for automating the retirement recordkeeping systems: Provided, That the provisions of this appropriation shall 

not affect the authority to use applicable trust funds as provided 

by sections 8348(a)(1)(B), and 9004(f)(2)(A) of title 5, United States 

Code: Provided further, That no part of this appropriation shall 

be available for salaries and expenses of the Legal Examining 

Unit of the Office of Personnel Management established pursuant 

to Executive Order No. 9358 of July 1, 1943, or any successor 

unit of like purpose: Provided further, That the President’s Commission on White House Fellows, established by Executive Order No. 

11183 of October 3, 1964, may, during fiscal year 2010, accept 

donations of money, property, and personal services: Provided further, That such donations, including those from prior years, may 

be used for the development of publicity materials to provide 

information about the White House Fellows, except that no such 

donations shall be accepted for travel or reimbursement of travel 

expenses, or for the salaries of employees of such Commission: 

Provided further, That within the funds provided, the Office of 

Personnel Management shall carry out the Intergovernmental Personnel Act Mobility Program, with special attention to Federal 

agencies employing more than 2,000 nurses: Provided further, That 

funding may be allocated to develop guidelines that provide Federal 

agencies direction in using their authority under the Intergovernmental Personnel Act Mobility Program, according to the directives 

outlined in the joint explanatory statement. 

OFFICE OF INSPECTOR GENERAL

SALARIES AND EXPENSES

(INCLUDING TRANSFER OF TRUST FUNDS)

For necessary expenses of the Office of Inspector General in 

carrying out the provisions of the Inspector General Act of 1978, 

including services as authorized by 5 U.S.C. 3109, hire of passenger 

motor vehicles, $3,148,000, and in addition, not to exceed 

$21,215,000 for administrative expenses to audit, investigate, and 

provide other oversight of the Office of Personnel Management’s 

retirement and insurance programs, to be transferred from the 

appropriate trust funds of the Office of Personnel Management, 

as determined by the Inspector General: Provided, That the 

Inspector General is authorized to rent conference rooms in the 

District of Columbia and elsewhere. 


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123 STAT. 3196 PUBLIC LAW 111–117—DEC. 16, 2009 

GOVERNMENT PAYMENT FOR ANNUITANTS, EMPLOYEES HEALTH

BENEFITS

For payment of Government contributions with respect to 

retired employees, as authorized by chapter 89 of title 5, United 

States Code, and the Retired Federal Employees Health Benefits 

Act (74 Stat. 849), such sums as may be necessary. 

GOVERNMENT PAYMENT FOR ANNUITANTS, EMPLOYEE LIFE

INSURANCE

For payment of Government contributions with respect to 

employees retiring after December 31, 1989, as required by chapter 

87 of title 5, United States Code, such sums as may be necessary. 

PAYMENT TO CIVIL SERVICE RETIREMENT AND DISABILITY FUND

For financing the unfunded liability of new and increased 

annuity benefits becoming effective on or after October 20, 1969, 

as authorized by 5 U.S.C. 8348, and annuities under special Acts 

to be credited to the Civil Service Retirement and Disability Fund, 

such sums as may be necessary: Provided, That annuities authorized by the Act of May 29, 1944, and the Act of August 19, 1950 

(33 U.S.C. 771–775), may hereafter be paid out of the Civil Service 

Retirement and Disability Fund. 

OFFICE OF SPECIAL COUNSEL

SALARIES AND EXPENSES

For necessary expenses to carry out functions of the Office 

of Special Counsel pursuant to Reorganization Plan Numbered 2 

of 1978, the Civil Service Reform Act of 1978 (Public Law 95– 

454), the Whistleblower Protection Act of 1989 (Public Law 101– 

12), Public Law 107–304, and the Uniformed Services Employment 

and Reemployment Rights Act of 1994 (Public Law 103–353), 

including services as authorized by 5 U.S.C. 3109, payment of 

fees and expenses for witnesses, rental of conference rooms in 

the District of Columbia and elsewhere, and hire of passenger 

motor vehicles; $18,495,000. 

POSTAL REGULATORY COMMISSION

SALARIES AND EXPENSES

(INCLUDING TRANSFER OF FUNDS)

For necessary expenses of the Postal Regulatory Commission 

in carrying out the provisions of the Postal Accountability and 

Enhancement Act (Public Law 109–435), $14,333,000, to be derived 

by transfer from the Postal Service Fund and expended as authorized by section 603(a) of such Act. 

PRIVACY AND CIVIL LIBERTIES OVERSIGHT BOARD

SALARIES AND EXPENSES

For necessary expenses of the Privacy and Civil Liberties Oversight Board, as authorized by section 1061 of the Intelligence 

33 USC 776. 


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PUBLIC LAW 111–117—DEC. 16, 2009 123 STAT. 3197 

Reform and Terrorism Prevention Act of 2004 (5 U.S.C. 601 note), 

$1,500,000, to remain available until September 30, 2011. 

SECURITIES AND EXCHANGE COMMISSION

SALARIES AND EXPENSES

For necessary expenses for the Securities and Exchange 

Commission, including services as authorized by 5 U.S.C. 3109, 

the rental of space (to include multiple year leases) in the District 

of Columbia and elsewhere, and not to exceed $3,500 for official 

reception and representation expenses, $1,111,000,000, to remain 

available until expended; of which not less than $4,400,000 shall 

be for the Office of Inspector General; of which not to exceed 

$20,000 may be used toward funding a permanent secretariat for 

the International Organization of Securities Commissions; and of 

which not to exceed $100,000 shall be available for expenses for 

consultations and meetings hosted by the Commission with foreign 

governmental and other regulatory officials, members of their delegations, appropriate representatives and staff to exchange views 

concerning developments relating to securities matters, development and implementation of cooperation agreements concerning 

securities matters and provision of technical assistance for the 

development of foreign securities markets, such expenses to include 

necessary logistic and administrative expenses and the expenses 

of Commission staff and foreign invitees in attendance at such 

consultations and meetings including: (1) such incidental expenses 

as meals taken in the course of such attendance; (2) any travel 

and transportation to or from such meetings; and (3) any other 

related lodging or subsistence: Provided, That fees and charges 

authorized by sections 6(b) of the Securities Exchange Act of 1933 

(15 U.S.C. 77f(b)), and 13(e), 14(g) and 31 of the Securities Exchange 

Act of 1934 (15 U.S.C. 78m(e), 78n(g), and 78ee), shall be credited 

to this account as offsetting collections: Provided further, That 

not to exceed $1,094,915,800 of such offsetting collections shall 

be available until expended for necessary expenses of this account: 

Provided further, That $16,084,200 shall be derived from prior 

year unobligated balances from funds previously appropriated to 

the Securities and Exchange Commission: Provided further, That 

the total amount appropriated under this heading from the general 

fund for fiscal year 2010 shall be reduced as such offsetting fees 

are received so as to result in a final total fiscal year 2010 appropriation from the general fund estimated at not more than $0. 

SELECTIVE SERVICE SYSTEM

SALARIES AND EXPENSES

For necessary expenses of the Selective Service System, 

including expenses of attendance at meetings and of training for 

uniformed personnel assigned to the Selective Service System, as 

authorized by 5 U.S.C. 4101–4118 for civilian employees; purchase 

of uniforms, or allowances therefor, as authorized by 5 U.S.C. 

5901–5902; hire of passenger motor vehicles; services as authorized 

by 5 U.S.C. 3109; and not to exceed $750 for official reception 

and representation expenses; $24,275,000: Provided, That during 

the current fiscal year, the President may exempt this appropriation 

from the provisions of 31 U.S.C. 1341, whenever the President 

President. 

Exemption 

authority. 


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123 STAT. 3198 PUBLIC LAW 111–117—DEC. 16, 2009 

deems such action to be necessary in the interest of national 

defense: Provided further, That none of the funds appropriated 

by this Act may be expended for or in connection with the induction 

of any person into the Armed Forces of the United States. 

SMALL BUSINESS ADMINISTRATION

SALARIES AND EXPENSES

For necessary expenses, not otherwise provided for, of the Small 

Business Administration as authorized by Public Law 108–447, 

including hire of passenger motor vehicles as authorized by 31 

U.S.C. 1343 and 1344, and not to exceed $3,500 for official reception 

and representation expenses, $433,438,000: Provided, That the 

Administrator is authorized to charge fees to cover the cost of 

publications developed by the Small Business Administration, and 

certain loan program activities, including fees authorized by section 

5(b) of the Small Business Act: Provided further, That, notwithstanding 31 U.S.C. 3302, revenues received from all such activities 

shall be credited to this account, to remain available until expended, 

for carrying out these purposes without further appropriations: 

Provided further, That $113,000,000 shall be available to fund 

grants for performance in fiscal year 2010 or fiscal year 2011 

as authorized by section 21 of the Small Business Act, of which 

$1,000,000 shall be for the Veterans Assistance and Services Program authorized by section 21(n) of the Small Business Act, as 

added by section 107 of Public Law 110–186, and of which 

$1,000,000 shall be for the Small Business Energy Efficiency Program authorized by section 1203(c) of Public Law 110–140: Provided 

further, That $22,000,000 shall remain available until September 

30, 2011 for marketing, management, and technical assistance 

under section 7(m) of the Small Business Act (15 U.S.C. 636(m)(4)) 

by intermediaries that make microloans under the microloan program: Provided further, That during fiscal year 2010, the applicable 

percentage under section 7(m)(4)(A) of the Small Business Act shall 

be 50 percent: Provided further, That $11,690,500 shall be available 

for the Loan Modernization and Accounting System, to be available 

until September 30, 2011: Provided further, That $2,000,000 shall 

be for the Federal and State Technology Partnership Program under 

section 34 of the Small Business Act (15 U.S.C. 657d). 

OFFICE OF INSPECTOR GENERAL

For necessary expenses of the Office of Inspector General in 

carrying out the provisions of the Inspector General Act of 1978, 

$16,300,000. 

SURETY BOND GUARANTEES REVOLVING FUND

For additional capital for the Surety Bond Guarantees 

Revolving Fund, authorized by the Small Business Investment Act 

of 1958, $1,000,000, to remain available until expended. 

Military 

induction. 


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PUBLIC LAW 111–117—DEC. 16, 2009 123 STAT. 3199 

BUSINESS LOANS PROGRAM ACCOUNT

(INCLUDING TRANSFER OF FUNDS)

For the cost of direct loans, $3,000,000, to remain available 

until expended, and for the cost of guaranteed loans as authorized 

by section 7(a) of the Small Business Act, $80,000,000, to remain 

available until expended: Provided, That such costs, including the 

cost of modifying such loans, shall be as defined in section 502 

of the Congressional Budget Act of 1974: Provided further, That 

subject to section 502 of the Congressional Budget Act of 1974, 

during fiscal year 2010 commitments to guarantee loans under 

section 503 of the Small Business Investment Act of 1958 shall 

not exceed $7,500,000,000: Provided further, That during fiscal year 

2010 commitments for general business loans authorized under 

section 7(a) of the Small Business Act shall not exceed 

$17,500,000,000: Provided further, That during fiscal year 2010 

commitments to guarantee loans for debentures under section 303(b) 

of the Small Business Investment Act of 1958, shall not exceed 

$3,000,000,000: Provided further, That during fiscal year 2010, 

guarantees of trust certificates authorized by section 5(g) of the 

Small Business Act shall not exceed a principal amount of 

$12,000,000,000. In addition, for administrative expenses to carry 

out the direct and guaranteed loan programs, $153,000,000, which 

may be transferred to and merged with the appropriations for 

Salaries and Expenses. 

DISASTER LOANS PROGRAM ACCOUNT

(INCLUDING TRANSFERS OF FUNDS)

For the cost of guaranteed loans, including the cost of modifying 

such loans as defined in section 502 of the Congressional Budget 

Act of 1974, $1,690,000, to remain available until expended, of 

which $352,357 is for loan guarantees as authorized by section 

42 of the Small Business Act, and $1,337,643 is for loan guarantees 

as authorized by section 12085 of Public Law 110–246. 

In addition, for administrative expenses to carry out the direct 

loan program authorized by section 7(b) of the Small Business 

Act and the guaranteed loan programs authorized by section 42 

of the Small Business Act and section 12085 of Public Law 110– 

246, $76,588,200, to be available until expended, of which 

$1,000,000 is for the Office of Inspector General of the Small Business Administration for audits and reviews of disaster loans and 

the disaster loan programs and shall be transferred to and merged 

with the appropriations for the Office of Inspector General; of 

which $65,278,200 is for direct administrative expenses of loan 

making and servicing to carry out the direct loan program, which 

may be transferred to and merged with the appropriations for 

Salaries and Expenses; of which $9,000,000 is for indirect administrative expenses for the direct loan program, which may be transferred to and merged with the appropriations for Salaries and 

Expenses, and of which $1,310,000 is for administrative expenses 

to carry out the guaranteed loan programs, which may be transferred to and merged with the appropriations for Salaries and 

Expenses. 


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123 STAT. 3200 PUBLIC LAW 111–117—DEC. 16, 2009 

ADMINISTRATIVE PROVISIONS—SMALL BUSINESS ADMINISTRATION

(INCLUDING TRANSFER OF FUNDS)

SEC. 520. Not to exceed 5 percent of any appropriation made 

available for the current fiscal year for the Small Business Administration in this Act may be transferred between such appropriations, 

but no such appropriation shall be increased by more than 10 

percent by any such transfers: Provided, That any transfer pursuant 

to this paragraph shall be treated as a reprogramming of funds 

under section 608 of this Act and shall not be available for obligation 

or expenditure except in compliance with the procedures set forth 

in that section. 

SEC. 521. All disaster loans issued in Alaska or North Dakota 

shall be administered by the Small Business Administration and 

shall not be sold during fiscal year 2010. 

SEC. 522. Funds made available under section 525 of Public 

Law 111–8 for the Jackie Joyner-Kersee Center shall be made 

available to the Illinois Institute of Independent Colleges and 

Universities. 

SEC. 523. For an additional amount under the heading ‘‘Small 

Business Administration—Salaries and Expenses’’, $59,000,000, to 

remain available until September 30, 2011, which shall be for 

initiatives related to small business development and entrepreneurship, including programmatic and construction activities, in the 

amounts and for the projects specified in the table that appears 

under the heading ‘‘Administrative Provisions—Small Business 

Administration’’ in the statement of managers to accompany this 

Act. 

UNITED STATES POSTAL SERVICE

PAYMENT TO THE POSTAL SERVICE FUND

For payment to the Postal Service Fund for revenue forgone 

on free and reduced rate mail, pursuant to subsections (c) and 

(d) of section 2401 of title 39, United States Code, $118,328,000, 

of which $89,328,000 shall not be available for obligation until 

October 1, 2010: Provided, That mail for overseas voting and mail 

for the blind shall continue to be free: Provided further, That 

6-day delivery and rural delivery of mail shall continue at not 

less than the 1983 level: Provided further, That none of the funds 

made available to the Postal Service by this Act shall be used 

to implement any rule, regulation, or policy of charging any officer 

or employee of any State or local child support enforcement agency, 

or any individual participating in a State or local program of child 

support enforcement, a fee for information requested or provided 

concerning an address of a postal customer: Provided further, That 

none of the funds provided in this Act shall be used to consolidate 

or close small rural and other small post offices in fiscal year 

2010. 

Overseas voting. 

Blind persons. 

Disaster 

assistance. 

Alaska. 

North Dakota. 


ccoleman on DSK8P6SHH1 with PUBLIC LAWS
PUBLIC LAW 111–117—DEC. 16, 2009 123 STAT. 3201 

OFFICE OF INSPECTOR GENERAL

SALARIES AND EXPENSES

(INCLUDING TRANSFER OF FUNDS)

For necessary expenses of the Office of Inspector General in 

carrying out the provisions of the Inspector General Act of 1978, 

$244,397,000, to be derived by transfer from the Postal Service 

Fund and expended as authorized by section 603(b)(3) of the Postal 

Accountability and Enhancement Act (Public Law 109–435). 

UNITED STATES TAX COURT

SALARIES AND EXPENSES

For necessary expenses, including contract reporting and other services as authorized by 5 U.S.C. 3109, $49,241,000: Provided, That travel expenses of the judges shall be paid upon the written 

certificate of the judge. 

TITLE VI 

GENERAL PROVISIONS—THIS ACT 

SEC. 601. None of the funds in this Act shall be used for 

the planning or execution of any program to pay the expenses 

of, or otherwise compensate, non-Federal parties intervening in 

regulatory or adjudicatory proceedings funded in this Act. 

SEC. 602. None of the funds appropriated in this Act shall 

remain available for obligation beyond the current fiscal year, nor 

may any be transferred to other appropriations, unless expressly 

so provided herein. 

SEC. 603. The expenditure of any appropriation under this 

Act for any consulting service through procurement contract pursuant to 5 U.S.C. 3109, shall be limited to those contracts where 

such expenditures are a matter of public record and available 

for public inspection, except where otherwise provided under 

existing law, or under existing Executive order issued pursuant 

to existing law. 

SEC. 604. None of the funds made available in this Act may 

be transferred to any department, agency, or instrumentality of 

the United States Government, except pursuant to a transfer made 

by, or transfer authority provided in, this Act or any other appropriations Act. 

SEC. 605. None of the funds made available by this Act shall 

be available for any activity or for paying the salary of any Government employee where funding an activity or paying a salary to 

a Government employee would result in a decision, determination, 

rule, regulation, or policy that would prohibit the enforcement of 

section 307 of the Tariff Act of 1930 (19 U.S.C. 1307). 

SEC. 606. No funds appropriated pursuant to this Act may 

be expended by an entity unless the entity agrees that in expending 

the assistance the entity will comply with the Buy American Act 

(41 U.S.C. 10a–10c). 

SEC. 607. No funds appropriated or otherwise made available 

under this Act shall be made available to any person or entity 

Contracts. 


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that has been convicted of violating the Buy American Act (41 

U.S.C. 10a–10c). 

SEC. 608. Except as otherwise provided in this Act, none of 

the funds provided in this Act, provided by previous appropriations 

Acts to the agencies or entities funded in this Act that remain 

available for obligation or expenditure in fiscal year 2010, or provided from any accounts in the Treasury derived by the collection 

of fees and available to the agencies funded by this Act, shall 

be available for obligation or expenditure through a reprogramming 

of funds that: (1) creates a new program; (2) eliminates a program, 

project, or activity; (3) increases funds or personnel for any program, 

project, or activity for which funds have been denied or restricted 

by the Congress; (4) proposes to use funds directed for a specific 

activity by the Committee on Appropriations of either the House 

of Representatives or the Senate for a different purpose; (5) augments existing programs, projects, or activities in excess of 

$5,000,000 or 10 percent, whichever is less; (6) reduces existing 

programs, projects, or activities by $5,000,000 or 10 percent, whichever is less; or (7) creates or reorganizes offices, programs, or 

activities unless prior approval is received from the Committees 

on Appropriations of the House of Representatives and the Senate: 

Provided, That prior to any significant reorganization or restructuring of offices, programs, or activities, each agency or entity 

funded in this Act shall consult with the Committees on Appropriations of the House of Representatives and the Senate: Provided 

further, That not later than 60 days after the date of enactment 

of this Act, each agency funded by this Act shall submit a report 

to the Committees on Appropriations of the House of Representatives and the Senate to establish the baseline for application of 

reprogramming and transfer authorities for the current fiscal year: 

Provided further, That the report shall include: (1) a table for 

each appropriation with a separate column to display the President’s 

budget request, adjustments made by Congress, adjustments due 

to enacted rescissions, if appropriate, and the fiscal year enacted 

level; (2) a delineation in the table for each appropriation both 

by object class and program, project, and activity as detailed in 

the budget appendix for the respective appropriation; and (3) an 

identification of items of special congressional interest: Provided 

further, That the amount appropriated or limited for salaries and 

expenses for an agency shall be reduced by $100,000 per day for 

each day after the required date that the report has not been 

submitted to the Congress. 

SEC. 609. Except as otherwise specifically provided by law, 

not to exceed 50 percent of unobligated balances remaining available 

at the end of fiscal year 2010 from appropriations made available 

for salaries and expenses for fiscal year 2010 in this Act, shall 

remain available through September 30, 2011, for each such account 

for the purposes authorized: Provided, That a request shall be 

submitted to the Committees on Appropriations of the House of 

Representatives and the Senate for approval prior to the expenditure of such funds: Provided further, That these requests shall 

be made in compliance with reprogramming guidelines. 

SEC. 610. None of the funds made available in this Act may 

be used by the Executive Office of the President to request from 

the Federal Bureau of Investigation any official background investigation report on any individual, except when— 

Expenditure 

request. 

Fines. 

Reports. 

Deadline. 

Reports. 


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(1) such individual has given his or her express written 

consent for such request not more than 6 months prior to 

the date of such request and during the same presidential 

administration; or 

(2) such request is required due to extraordinary circumstances involving national security. 

SEC. 611. The cost accounting standards promulgated under 

section 26 of the Office of Federal Procurement Policy Act (Public 

Law 93–400; 41 U.S.C. 422) shall not apply with respect to a 

contract under the Federal Employees Health Benefits Program 

established under chapter 89 of title 5, United States Code. 

SEC. 612. For the purpose of resolving litigation and implementing any settlement agreements regarding the nonforeign area 

cost-of-living allowance program, the Office of Personnel Management may accept and utilize (without regard to any restriction 

on unanticipated travel expenses imposed in an Appropriations 

Act) funds made available to the Office of Personnel Management 

pursuant to court approval. 

SEC. 613. No funds appropriated by this Act shall be available 

to pay for an abortion, or the administrative expenses in connection 

with any health plan under the Federal employees health benefits 

program which provides any benefits or coverage for abortions. 

SEC. 614. The provision of section 613 shall not apply where 

the life of the mother would be endangered if the fetus were carried 

to term, or the pregnancy is the result of an act of rape or incest. 

SEC. 615. In order to promote Government access to commercial 

information technology, the restriction on purchasing nondomestic 

articles, materials, and supplies set forth in the Buy American 

Act (41 U.S.C. 10a et seq.), shall not apply to the acquisition 

by the Federal Government of information technology (as defined 

in section 11101 of title 40, United States Code), that is a commercial item (as defined in section 4(12) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(12)). 

SEC. 616. Notwithstanding section 1353 of title 31, United 

States Code, no officer or employee of any regulatory agency or 

commission funded by this Act may accept on behalf of that agency, 

nor may such agency or commission accept, payment or reimbursement from a non-Federal entity for travel, subsistence, or related 

expenses for the purpose of enabling an officer or employee to 

attend and participate in any meeting or similar function relating 

to the official duties of the officer or employee when the entity 

offering payment or reimbursement is a person or entity subject 

to regulation by such agency or commission, or represents a person 

or entity subject to regulation by such agency or commission, unless 

the person or entity is an organization described in section 501(c)(3) 

of the Internal Revenue Code of 1986 and exempt from tax under 

section 501(a) of such Code. 

SEC. 617. The Public Company Accounting Oversight Board 

shall have authority to obligate funds for the scholarship program 

established by section 109(c)(2) of the Sarbanes-Oxley Act of 2002 

(Public Law 107–204) in an aggregate amount not exceeding the 

amount of funds collected by the Board as of December 31, 2009, 

including accrued interest, as a result of the assessment of monetary 

penalties. Funds available for obligation in fiscal year 2010 shall 

remain available until expended. 

Abortion. 

Abortion. 


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SEC. 618. From the unobligated balances of prior year appropriations made available for the Privacy and Civil Liberties Oversight Board, $1,500,000 are rescinded. 

SEC. 619. During fiscal year 2010, for purposes of section 

908(b)(1) of the Trade Sanctions Reform and Export Enhancement 

Act of 2000 (22 U.S.C. 7207(b)(1)), the term ‘‘payment of cash 

in advance’’ shall be interpreted as payment before the transfer 

of title to, and control of, the exported items to the Cuban purchaser. 

SEC. 620. (a) Section 101(a)(1) of the Federal and District 

of Columbia Government Real Property Act of 2006 (Public Law 

109–396; 120 Stat. 2711) is amended to read as follows: 

‘‘(1) IN GENERAL.— 

‘‘(A) U.S. RESERVATION 13.—On the date on which the 

District of Columbia conveys to the Administrator of General Services all right, title, and interest of the District 

of Columbia in the property described in subsection (c), 

the Administrator shall convey to the District of Columbia 

all right, title, and interest of the United States in U.S. 

Reservation 13, subject to the conditions described in subsection (b). 

‘‘(B) OLD NAVAL HOSPITAL.—Not later than 60 days 

after the date of the enactment of the Financial Services 

and General Government Appropriations Act, 2010, the 

Administrator shall convey to the District of Columbia 

all right, title, and interest of the United States in Old 

Naval Hospital.’’. 

(b) The amendment made by subsection (a) shall take effect 

as if included in the enactment of the Federal and District of 

Columbia Government Real Property Act of 2006. 

SEC. 621. Notwithstanding section 708 of this Act, funds made 

available to the Commodity Futures Trading Commission and the 

Securities and Exchange Commission by this or any other Act 

may be used for the interagency funding and sponsorship of a 

joint advisory committee to advise on emerging regulatory issues. 

SEC. 622. Specific projects contained in the report of the Committee on Appropriations of the House of Representatives accompanying this Act (H. Rept. 111–202) that are considered congressional earmarks for purposes of clause 9 of rule XXI of the Rules 

of the House of Representatives, when intended to be awarded 

to a for-profit entity, shall be awarded under a full and open 

competition. 

TITLE VII 

GENERAL PROVISIONS—GOVERNMENT-WIDE 

DEPARTMENTS, AGENCIES, AND CORPORATIONS

SEC. 701. No department, agency, or instrumentality of the 

United States receiving appropriated funds under this or any other 

Act for fiscal year 2010 shall obligate or expend any such funds, 

unless such department, agency, or instrumentality has in place, 

and will continue to administer in good faith, a written policy 

designed to ensure that all of its workplaces are free from the 

illegal use, possession, or distribution of controlled substances (as 

defined in the Controlled Substances Act (21 U.S.C. 802)) by the 

Earmarks. 

Effective date. 

Deadline. 

Effective date. 

40 USC 101 note. 

Definition. 

Cuba. 

Rescission. 


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officers and employees of such department, agency, or instrumentality. 

SEC. 702. Unless otherwise specifically provided, the maximum 

amount allowable during the current fiscal year in accordance with 

section 16 of the Act of August 2, 1946 (60 Stat. 810), for the 

purchase of any passenger motor vehicle (exclusive of buses, ambulances, law enforcement, and undercover surveillance vehicles), is 

hereby fixed at $13,197 except station wagons for which the maximum shall be $13,631: Provided, That these limits may be exceeded by not to exceed $3,700 for police-type vehicles, and by not to 

exceed $4,000 for special heavy-duty vehicles: Provided further, That the limits set forth in this section may not be exceeded 

by more than 5 percent for electric or hybrid vehicles purchased 

for demonstration under the provisions of the Electric and Hybrid 

Vehicle Research, Development, and Demonstration Act of 1976: 

Provided further, That the limits set forth in this section may 

be exceeded by the incremental cost of clean alternative fuels 

vehicles acquired pursuant to Public Law 101–549 over the cost 

of comparable conventionally fueled vehicles. 

SEC. 703. Appropriations of the executive departments and 

independent establishments for the current fiscal year available 

for expenses of travel, or for the expenses of the activity concerned, 

are hereby made available for quarters allowances and cost-ofliving allowances, in accordance with 5 U.S.C. 5922–5924. 

SEC. 704. Unless otherwise specified during the current fiscal 

year, no part of any appropriation contained in this or any other 

Act shall be used to pay the compensation of any officer or employee 

of the Government of the United States (including any agency 

the majority of the stock of which is owned by the Government 

of the United States) whose post of duty is in the continental 

United States unless such person: (1) is a citizen of the United 

States; (2) is a person who is lawfully admitted for permanent 

residence and is seeking citizenship as outlined in 8 U.S.C. 

1324b(a)(3)(B); (3) is a person who is admitted as a refugee under 

8 U.S.C. 1157 or is granted asylum under 8 U.S.C. 1158 and 

has filed a declaration of intention to become a lawful permanent 

resident and then a citizen when eligible; or (4) is a person who 

owes allegiance to the United States: Provided, That for purposes 

of this section, affidavits signed by any such person shall be considered prima facie evidence that the requirements of this section 

with respect to his or her status are being complied with: Provided 

further, That any person making a false affidavit shall be guilty 

of a felony, and upon conviction, shall be fined no more than 

$4,000 or imprisoned for not more than 1 year, or both: Provided 

further, That the above penal clause shall be in addition to, and 

not in substitution for, any other provisions of existing law: Provided 

further, That any payment made to any officer or employee contrary 

to the provisions of this section shall be recoverable in action 

by the Federal Government: Provided further, That this section 

shall not apply to any person who is an officer or employee of 

the Government of the United States on the date of enactment 

of this Act, or to international broadcasters employed by the Broadcasting Board of Governors, or to temporary employment of translators, or to temporary employment in the field service (not to 

exceed 60 days) as a result of emergencies: Provided further, That 

this section does not apply to the employment as Wildland firefighters for not more than 120 days of nonresident aliens employed 

Penalties. 

Affidavit. 

5 USC 3101 note. 

31 USC 1343 

note. 


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by the Department of the Interior or the USDA Forest Service 

pursuant to an agreement with another country. 

SEC. 705. Appropriations available to any department or agency 

during the current fiscal year for necessary expenses, including 

maintenance or operating expenses, shall also be available for payment to the General Services Administration for charges for space 

and services and those expenses of renovation and alteration of 

buildings and facilities which constitute public improvements performed in accordance with the Public Buildings Act of 1959 (73 

Stat. 479), the Public Buildings Amendments of 1972 (86 Stat. 

216), or other applicable law. 

SEC. 706. In addition to funds provided in this or any other 

Act, all Federal agencies are authorized to receive and use funds 

resulting from the sale of materials, including Federal records disposed of pursuant to a records schedule recovered through recycling 

or waste prevention programs. Such funds shall be available until 

expended for the following purposes: 

(1) Acquisition, waste reduction and prevention, and 

recycling programs as described in Executive Order No. 13423 

(January 24, 2007), including any such programs adopted prior 

to the effective date of the Executive order. 

(2) Other Federal agency environmental management programs, including, but not limited to, the development and 

implementation of hazardous waste management and pollution 

prevention programs. 

(3) Other employee programs as authorized by law or as 

deemed appropriate by the head of the Federal agency. 

SEC. 707. Funds made available by this or any other Act for 

administrative expenses in the current fiscal year of the corporations and agencies subject to chapter 91 of title 31, United States 

Code, shall be available, in addition to objects for which such 

funds are otherwise available, for rent in the District of Columbia; 

services in accordance with 5 U.S.C. 3109; and the objects specified 

under this head, all the provisions of which shall be applicable 

to the expenditure of such funds unless otherwise specified in 

the Act by which they are made available: Provided, That in the 

event any functions budgeted as administrative expenses are subsequently transferred to or paid from other funds, the limitations 

on administrative expenses shall be correspondingly reduced. 

SEC. 708. No part of any appropriation contained in this or 

any other Act shall be available for interagency financing of boards 

(except Federal Executive Boards), commissions, councils, committees, or similar groups (whether or not they are interagency entities) 

which do not have a prior and specific statutory approval to receive 

financial support from more than one agency or instrumentality. 

SEC. 709. None of the funds made available pursuant to the 

provisions of this Act shall be used to implement, administer, or 

enforce any regulation which has been disapproved pursuant to 

a joint resolution duly adopted in accordance with the applicable 

law of the United States. 

SEC. 710. (a) Notwithstanding any other provision of law, and 

except as otherwise provided in this section, no part of any of 

the funds appropriated for fiscal year 2010, by this or any other 

Act, may be used to pay any prevailing rate employee described 

in section 5342(a)(2)(A) of title 5, United States Code— 

(1) during the period from the date of expiration of the 

limitation imposed by the comparable section for previous fiscal 

5 USC 5343 note. 

Applicability. 


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years until the normal effective date of the applicable wage 

survey adjustment that is to take effect in fiscal year 2010, 

in an amount that exceeds the rate payable for the applicable 

grade and step of the applicable wage schedule in accordance 

with such section; and 

(2) during the period consisting of the remainder of fiscal 

year 2010, in an amount that exceeds, as a result of a wage 

survey adjustment, the rate payable under paragraph (1) by 

more than the sum of— 

(A) the percentage adjustment taking effect in fiscal 

year 2010 under section 5303 of title 5, United States 

Code, in the rates of pay under the General Schedule; 

and 

(B) the difference between the overall average percentage of the locality-based comparability payments taking 

effect in fiscal year 2010 under section 5304 of such title 

(whether by adjustment or otherwise), and the overall average percentage of such payments which was effective in 

the previous fiscal year under such section. 

(b) Notwithstanding any other provision of law, no prevailing 

rate employee described in subparagraph (B) or (C) of section 

5342(a)(2) of title 5, United States Code, and no employee covered 

by section 5348 of such title, may be paid during the periods 

for which subsection (a) is in effect at a rate that exceeds the 

rates that would be payable under subsection (a) were subsection 

(a) applicable to such employee. 

(c) For the purposes of this section, the rates payable to an 

employee who is covered by this section and who is paid from 

a schedule not in existence on September 30, 2009, shall be determined under regulations prescribed by the Office of Personnel 

Management. 

(d) Notwithstanding any other provision of law, rates of premium pay for employees subject to this section may not be changed 

from the rates in effect on September 30, 2009, except to the 

extent determined by the Office of Personnel Management to be 

consistent with the purpose of this section. 

(e) This section shall apply with respect to pay for service 

performed after September 30, 2009. 

(f) For the purpose of administering any provision of law 

(including any rule or regulation that provides premium pay, retirement, life insurance, or any other employee benefit) that requires 

any deduction or contribution, or that imposes any requirement 

or limitation on the basis of a rate of salary or basic pay, the 

rate of salary or basic pay payable after the application of this 

section shall be treated as the rate of salary or basic pay. 

(g) Nothing in this section shall be considered to permit or 

require the payment to any employee covered by this section at 

a rate in excess of the rate that would be payable were this section 

not in effect. 

(h) The Office of Personnel Management may provide for exceptions to the limitations imposed by this section if the Office determines that such exceptions are necessary to ensure the recruitment 

or retention of qualified employees. 

SEC. 711. During the period in which the head of any department or agency, or any other officer or civilian employee of the 

Federal Government appointed by the President of the United 

States, holds office, no funds may be obligated or expended in 

Notification. 

Applicability. 

Regulations. 


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excess of $5,000 to furnish or redecorate the office of such department head, agency head, officer, or employee, or to purchase furniture or make improvements for any such office, unless advance 

notice of such furnishing or redecoration is transmitted to the 

Committees on Appropriations of the House of Representatives and 

the Senate. For the purposes of this section, the term ‘‘office’’ 

shall include the entire suite of offices assigned to the individual, 

as well as any other space used primarily by the individual or 

the use of which is directly controlled by the individual. 

SEC. 712. Notwithstanding section 31 U.S.C. 1346, or section 

708 of this Act, funds made available for the current fiscal year 

by this or any other Act shall be available for the interagency 

funding of national security and emergency preparedness telecommunications initiatives which benefit multiple Federal departments, agencies, or entities, as provided by Executive Order No. 

12472 (April 3, 1984). 

SEC. 713. (a) None of the funds appropriated by this or any 

other Act may be obligated or expended by any Federal department, 

agency, or other instrumentality for the salaries or expenses of 

any employee appointed to a position of a confidential or policydetermining character excepted from the competitive service pursuant to 5 U.S.C. 3302, without a certification to the Office of Personnel Management from the head of the Federal department, 

agency, or other instrumentality employing the Schedule C 

appointee that the Schedule C position was not created solely 

or primarily in order to detail the employee to the White House. 

(b) The provisions of this section shall not apply to Federal 

employees or members of the armed forces detailed to or from— 

(1) the Central Intelligence Agency; 

(2) the National Security Agency; 

(3) the Defense Intelligence Agency; 

(4) the National Geospatial-Intelligence Agency; 

(5) the offices within the Department of Defense for the 

collection of specialized national foreign intelligence through 

reconnaissance programs; 

(6) the Bureau of Intelligence and Research of the Department of State; 

(7) any agency, office, or unit of the Army, Navy, Air 

Force, and Marine Corps, the Department of Homeland Security, the Federal Bureau of Investigation and the Drug Enforcement Administration of the Department of Justice, the Department of Transportation, the Department of the Treasury, and 

the Department of Energy performing intelligence functions; 

and 

(8) the Director of National Intelligence or the Office of 

the Director of National Intelligence. 

SEC. 714. No part of any appropriation contained in this or 

any other Act shall be available for the payment of the salary 

of any officer or employee of the Federal Government, who— 

(1) prohibits or prevents, or attempts or threatens to prohibit or prevent, any other officer or employee of the Federal 

Government from having any direct oral or written communication or contact with any Member, committee, or subcommittee 

of the Congress in connection with any matter pertaining to 

the employment of such other officer or employee or pertaining 

to the department or agency of such other officer or employee 

in any way, irrespective of whether such communication or 

Definition. 


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contact is at the initiative of such other officer or employee 

or in response to the request or inquiry of such Member, committee, or subcommittee; or 

(2) removes, suspends from duty without pay, demotes, 

reduces in rank, seniority, status, pay, or performance or efficiency rating, denies promotion to, relocates, reassigns, transfers, disciplines, or discriminates in regard to any employment 

right, entitlement, or benefit, or any term or condition of 

employment of, any other officer or employee of the Federal 

Government, or attempts or threatens to commit any of the 

foregoing actions with respect to such other officer or employee, 

by reason of any communication or contact of such other officer 

or employee with any Member, committee, or subcommittee 

of the Congress as described in paragraph (1). 

SEC. 715. (a) None of the funds made available in this or 

any other Act may be obligated or expended for any employee 

training that— 

(1) does not meet identified needs for knowledge, skills, 

and abilities bearing directly upon the performance of official 

duties; 

(2) contains elements likely to induce high levels of emotional response or psychological stress in some participants; 

(3) does not require prior employee notification of the content and methods to be used in the training and written end 

of course evaluation; 

(4) contains any methods or content associated with religious or quasi-religious belief systems or ‘‘new age’’ belief systems as defined in Equal Employment Opportunity Commission 

Notice N–915.022, dated September 2, 1988; or 

(5) is offensive to, or designed to change, participants— 

personal values or lifestyle outside the workplace. 

(b) Nothing in this section shall prohibit, restrict, or otherwise 

preclude an agency from conducting training bearing directly upon 

the performance of official duties. 

SEC. 716. No funds appropriated in this or any other Act 

may be used to implement or enforce the agreements in Standard 

Forms 312 and 4414 of the Government or any other nondisclosure 

policy, form, or agreement if such policy, form, or agreement does 

not contain the following provisions: ‘‘These restrictions are consistent with and do not supersede, conflict with, or otherwise alter 

the employee obligations, rights, or liabilities created by Executive 

Order No. 12958; section 7211 of title 5, United States Code (governing disclosures to Congress); section 1034 of title 10, United 

States Code, as amended by the Military Whistleblower Protection 

Act (governing disclosure to Congress by members of the military); 

section 2302(b)(8) of title 5, United States Code, as amended by 

the Whistleblower Protection Act of 1989 (governing disclosures 

of illegality, waste, fraud, abuse or public health or safety threats); 

the Intelligence Identities Protection Act of 1982 (50 U.S.C. 421 

et seq.) (governing disclosures that could expose confidential 

Government agents); and the statutes which protect against disclosure that may compromise the national security, including sections 

641, 793, 794, 798, and 952 of title 18, United States Code, and 

section 4(b) of the Subversive Activities Act of 1950 (50 U.S.C. 

783(b)). The definitions, requirements, obligations, rights, sanctions, 

and liabilities created by said Executive order and listed statutes 

are incorporated into this agreement and are controlling.’’: Provided, 


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That notwithstanding the preceding paragraph, a nondisclosure 

policy form or agreement that is to be executed by a person connected with the conduct of an intelligence or intelligence-related 

activity, other than an employee or officer of the United States 

Government, may contain provisions appropriate to the particular 

activity for which such document is to be used. Such form or 

agreement shall, at a minimum, require that the person will not 

disclose any classified information received in the course of such 

activity unless specifically authorized to do so by the United States 

Government. Such nondisclosure forms shall also make it clear 

that they do not bar disclosures to Congress, or to an authorized 

official of an executive agency or the Department of Justice, that 

are essential to reporting a substantial violation of law. 

SEC. 717. No part of any funds appropriated in this or any 

other Act shall be used by an agency of the executive branch, 

other than for normal and recognized executive-legislative relationships, for publicity or propaganda purposes, and for the preparation, 

distribution or use of any kit, pamphlet, booklet, publication, radio, 

television, or film presentation designed to support or defeat legislation pending before the Congress, except in presentation to the 

Congress itself. 

SEC. 718. None of the funds appropriated by this or any other 

Act may be used by an agency to provide a Federal employee’s 

home address to any labor organization except when the employee 

has authorized such disclosure or when such disclosure has been 

ordered by a court of competent jurisdiction. 

SEC. 719. None of the funds made available in this Act or 

any other Act may be used to provide any non-public information 

such as mailing or telephone lists to any person or any organization 

outside of the Federal Government without the approval of the 

Committees on Appropriations of the House of Representatives and 

the Senate. 

SEC. 720. No part of any appropriation contained in this or 

any other Act shall be used directly or indirectly, including by 

private contractor, for publicity or propaganda purposes within 

the United States not heretofore authorized by the Congress. 

SEC. 721. (a) In this section, the term ‘‘agency’’— 

(1) means an Executive agency, as defined under 5 U.S.C. 

105; 

(2) includes a military department, as defined under section 

102 of such title, the Postal Service, and the Postal Regulatory 

Commission; and 

(3) shall not include the Government Accountability Office. 

(b) Unless authorized in accordance with law or regulations 

to use such time for other purposes, an employee of an agency 

shall use official time in an honest effort to perform official duties. 

An employee not under a leave system, including a Presidential 

appointee exempted under 5 U.S.C. 6301(2), has an obligation to 

expend an honest effort and a reasonable proportion of such 

employee’s time in the performance of official duties. 

SEC. 722. Notwithstanding 31 U.S.C. 1346 and section 708 

of this Act, funds made available for the current fiscal year by 

this or any other Act to any department or agency, which is a 

member of the Federal Accounting Standards Advisory Board 

(FASAB), shall be available to finance an appropriate share of 

FASAB administrative costs. 

Lobbying. 


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PUBLIC LAW 111–117—DEC. 16, 2009 123 STAT. 3211 

(TRANSFER OF FUNDS)

SEC. 723. Notwithstanding 31 U.S.C. 1346 and section 708 

of this Act, the head of each Executive department and agency 

is hereby authorized to transfer to or reimburse ‘‘General Services 

Administration, Government-wide Policy’’ with the approval of the 

Director of the Office of Management and Budget, funds made 

available for the current fiscal year by this or any other Act, 

including rebates from charge card and other contracts: Provided, 

That these funds shall be administered by the Administrator of 

General Services to support Government-wide financial, information 

technology, procurement, and other management innovations, initiatives, and activities, as approved by the Director of the Office 

of Management and Budget, in consultation with the appropriate 

interagency groups designated by the Director (including the President’s Management Council for overall management improvement 

initiatives, the Chief Financial Officers Council for financial 

management initiatives, the Chief Information Officers Council for 

information technology initiatives, the Chief Human Capital Officers Council for human capital initiatives, the Chief Acquisition 

Officers Council for procurement initiatives, and the Performance 

Improvement Council for performance improvement initiatives): 

Provided further, That the total funds transferred or reimbursed 

shall not exceed $17,000,000: Provided further, That such transfers 

or reimbursements may only be made after 15 days following 

notification of the Committees on Appropriations by the Director 

of the Office of Management and Budget. 

SEC. 724. Notwithstanding any other provision of law, a woman 

may breastfeed her child at any location in a Federal building 

or on Federal property, if the woman and her child are otherwise 

authorized to be present at the location. 

SEC. 725. Notwithstanding 31 U.S.C. 1346, or section 708 of 

this Act, funds made available for the current fiscal year by this 

or any other Act shall be available for the interagency funding 

of specific projects, workshops, studies, and similar efforts to carry 

out the purposes of the National Science and Technology Council 

(authorized by Executive Order No. 12881), which benefit multiple 

Federal departments, agencies, or entities: Provided, That the Office 

of Management and Budget shall provide a report describing the 

budget of and resources connected with the National Science and 

Technology Council to the Committees on Appropriations, the House 

Committee on Science and Technology, and the Senate Committee 

on Commerce, Science, and Transportation 90 days after enactment 

of this Act. 

SEC. 726. Any request for proposals, solicitation, grant application, form, notification, press release, or other publications involving 

the distribution of Federal funds shall indicate the agency providing 

the funds, the Catalog of Federal Domestic Assistance Number, 

as applicable, and the amount provided: Provided, That this provision shall apply to direct payments, formula funds, and grants 

received by a State receiving Federal funds. 

SEC. 727. (a) PROHIBITION OF FEDERAL AGENCY MONITORING

OF INDIVIDUALS’ INTERNET USE.—None of the funds made available 

in this or any other Act may be used by any Federal agency— 

Applicability. 

Reports. 

Deadline. 

Breastfeeding. 

Deadline. 

Notification. 


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123 STAT. 3212 PUBLIC LAW 111–117—DEC. 16, 2009 

(1) to collect, review, or create any aggregation of data, 

derived from any means, that includes any personally identifiable information relating to an individual’s access to or use 

of any Federal Government Internet site of the agency; or 

(2) to enter into any agreement with a third party 

(including another government agency) to collect, review, or 

obtain any aggregation of data, derived from any means, that 

includes any personally identifiable information relating to an 

individual’s access to or use of any nongovernmental Internet 

site. 

(b) EXCEPTIONS.—The limitations established in subsection (a) 

shall not apply to— 

(1) any record of aggregate data that does not identify 

particular persons; 

(2) any voluntary submission of personally identifiable 

information; 

(3) any action taken for law enforcement, regulatory, or 

supervisory purposes, in accordance with applicable law; or 

(4) any action described in subsection (a)(1) that is a system 

security action taken by the operator of an Internet site and 

is necessarily incident to providing the Internet site services 

or to protecting the rights or property of the provider of the 

Internet site. 

(c) DEFINITIONS.—For the purposes of this section: 

(1) The term ‘‘regulatory’’ means agency actions to implement, interpret or enforce authorities provided in law. 

(2) The term ‘‘supervisory’’ means examinations of the 

agency’s supervised institutions, including assessing safety and 

soundness, overall financial condition, management practices 

and policies and compliance with applicable standards as provided in law. 

SEC. 728. (a) None of the funds appropriated by this Act may 

be used to enter into or renew a contract which includes a provision 

providing prescription drug coverage, except where the contract 

also includes a provision for contraceptive coverage. 

(b) Nothing in this section shall apply to a contract with— 

(1) any of the following religious plans: 

(A) Personal Care’s HMO; and 

(B) OSF HealthPlans, Inc.; and 

(2) any existing or future plan, if the carrier for the plan 

objects to such coverage on the basis of religious beliefs. 

(c) In implementing this section, any plan that enters into 

or renews a contract under this section may not subject any individual to discrimination on the basis that the individual refuses 

to prescribe or otherwise provide for contraceptives because such 

activities would be contrary to the individual’s religious beliefs 

or moral convictions. 

(d) Nothing in this section shall be construed to require coverage of abortion or abortion-related services. 

SEC. 729. The Congress of the United States recognizes the 

United States Anti-Doping Agency (USADA) as the official antidoping agency for Olympic, Pan American, and Paralympic sport 

in the United States. 

SEC. 730. Notwithstanding any other provision of law, funds 

appropriated for official travel by Federal departments and agencies 

may be used by such departments and agencies, if consistent with 

Office of Management and Budget Circular A–126 regarding official 

Sports. 

Drugs and drug 

abuse. 

Abortion. 

Contracts. 

Contraceptives. 

Contracts. 


ccoleman on DSK8P6SHH1 with PUBLIC LAWS
PUBLIC LAW 111–117—DEC. 16, 2009 123 STAT. 3213 

travel for Government personnel, to participate in the fractional 

aircraft ownership pilot program. 

SEC. 731. Notwithstanding any other provision of law, none 

of the funds appropriated or made available under this Act or 

any other appropriations Act may be used to implement or enforce 

restrictions or limitations on the Coast Guard Congressional Fellowship Program, or to implement the proposed regulations of the 

Office of Personnel Management to add sections 300.311 through 

300.316 to part 300 of title 5 of the Code of Federal Regulations, 

published in the Federal Register, volume 68, number 174, on 

September 9, 2003 (relating to the detail of executive branch 

employees to the legislative branch). 

SEC. 732. Notwithstanding any other provision of law, no executive branch agency shall purchase, construct, and/or lease any additional facilities, except within or contiguous to existing locations, 

to be used for the purpose of conducting Federal law enforcement 

training without the advance approval of the Committees on Appropriations of the House of Representatives and the Senate, except 

that the Federal Law Enforcement Training Center is authorized 

to obtain the temporary use of additional facilities by lease, contract, 

or other agreement for training which cannot be accommodated 

in existing Center facilities. 

SEC. 733. (a) For fiscal year 2010, no funds shall be available 

for transfers or reimbursements to the E-Government initiatives 

sponsored by the Office of Management and Budget prior to 15 

days following submission of a report to the Committees on Appropriations of the House of Representatives and the Senate by the 

Director of the Office of Management and Budget and receipt of 

approval to transfer funds by the Committees on Appropriations 

of the House of Representatives and the Senate. 

(b) The report in subsection (a) and other required justification 

materials shall include at a minimum— 

(1) a description of each initiative including but not limited 

to its objectives, benefits, development status, risks, cost 

effectiveness (including estimated net costs or savings to the 

government), and the estimated date of full operational capability; 

(2) the total development cost of each initiative by fiscal 

year including costs to date, the estimated costs to complete 

its development to full operational capability, and estimated 

annual operations and maintenance costs; and 

(3) the sources and distribution of funding by fiscal year 

and by agency and bureau for each initiative including agency 

contributions to date and estimated future contributions by 

agency. 

(c) No funds shall be available for obligation or expenditure 

for new E-Government initiatives without the explicit approval 

of the Committees on Appropriations of the House of Representatives and the Senate. 

SEC. 734. Notwithstanding section 1346 of title 31, United 

States Code, and section 708 of this Act and any other provision 

of law, the head of each appropriate executive department and 

agency shall transfer to or reimburse the Federal Aviation Administration, upon the direction of the Director of the Office of Management and Budget, funds made available by this or any other Act 

for the purposes described below, and shall submit budget requests 

for such purposes. These funds shall be administered by the Federal 

Budget requests. 

Deadline. 

Reports. 


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123 STAT. 3214 PUBLIC LAW 111–117—DEC. 16, 2009 

Aviation Administration, in consultation with the appropriate interagency groups designated by the Director and shall be used to 

ensure the uninterrupted, continuous operation of the Midway Atoll 

Airfield by the Federal Aviation Administration pursuant to an 

operational agreement with the Department of the Interior for 

the entirety of fiscal year 2010 and any period thereafter that 

precedes the enactment of the Financial Services and General 

Government Appropriations Act, 2011. The Director of the Office 

of Management and Budget shall mandate the necessary transfers 

after determining an equitable allocation between the appropriate 

executive departments and agencies of the responsibility for funding 

the continuous operation of the Midway Atoll Airfield based on, 

but not limited to, potential use, interest in maintaining aviation 

safety, and applicability to governmental operations and agency 

mission. The total funds transferred or reimbursed shall not exceed 

$6,000,000 for any 12-month period. Such sums shall be sufficient 

to ensure continued operation of the airfield throughout the period 

cited above. Funds shall be available for operation of the airfield 

or airfield-related capital upgrades. The Director of the Office of 

Management and Budget shall notify the Committees on Appropriations of the House of Representatives and the Senate of such transfers or reimbursements within 15 days of this Act. Such transfers 

or reimbursements shall begin within 30 days of enactment of 

this Act. 

SEC. 735. None of the funds appropriated or otherwise made 

available by this or any other Act may be used to begin or announce 

a study or public-private competition regarding the conversion to 

contractor performance of any function performed by Federal 

employees pursuant to Office of Management and Budget Circular 

A–76 or any other administrative regulation, directive, or policy. 

SEC. 736. Unless otherwise authorized by existing law, none 

of the funds provided in this Act or any other Act may be used 

by an executive branch agency to produce any prepackaged news 

story intended for broadcast or distribution in the United States, 

unless the story includes a clear notification within the text or 

audio of the prepackaged news story that the prepackaged news 

story was prepared or funded by that executive branch agency. 

SEC. 737. None of the funds made available in this Act may 

be used in contravention of section 552a of title 5, United States 

Code (popularly known as the Privacy Act) and regulations implementing that section. 

SEC. 738. Each executive department and agency shall evaluate 

the creditworthiness of an individual before issuing the individual 

a government travel charge card. Such evaluations for individually 

billed travel charge cards shall include an assessment of the individual’s consumer report from a consumer reporting agency as those 

terms are defined in section 603 of the Fair Credit Reporting 

Act (Public Law 91–508): Provided, That the department or agency 

may not issue a government travel charge card to an individual 

that either lacks a credit history or is found to have an unsatisfactory credit history as a result of this evaluation: Provided further, 

That this restriction shall not preclude issuance of a restricteduse charge, debit, or stored value card made in accordance with 

agency procedures to: (1) an individual with an unsatisfactory credit 

history where such card is used to pay travel expenses and the 

agency determines there is no suitable alternative payment mechanism available before issuing the card; or (2) an individual who 

Evaluation. 

5 USC 5701 note. 

News story. 

Study. 

Deadline. 

Notification. 

Deadline. 


ccoleman on DSK8P6SHH1 with PUBLIC LAWS
PUBLIC LAW 111–117—DEC. 16, 2009 123 STAT. 3215 

lacks a credit history. Each executive department and agency shall 

establish guidelines and procedures for disciplinary actions to be 

taken against agency personnel for improper, fraudulent, or abusive 

use of government charge cards, which shall include appropriate 

disciplinary actions for use of charge cards for purposes, and at 

establishments, that are inconsistent with the official business of 

the Department or agency or with applicable standards of conduct. 

SEC. 739. (a) DEFINITIONS.—For purposes of this section the 

following definitions apply: 

(1) GREAT LAKES.—The terms ‘‘Great Lakes’’ and ‘‘Great 

Lakes State’’ have the same meanings as such terms have 

in section 506 of the Water Resources Development Act of 

2000 (42 U.S.C. 1962d–22). 

(2) GREAT LAKES RESTORATION ACTIVITIES.—The term 

‘‘Great Lakes restoration activities’’ means any Federal or State 

activity primarily or entirely within the Great Lakes watershed 

that seeks to improve the overall health of the Great Lakes 

ecosystem. 

(b) REPORT.—Not later than 45 days after submission of the 

budget of the President to Congress, the Director of the Office 

of Management and Budget, in coordination with the Governor 

of each Great Lakes State and the Great Lakes Interagency Task 

Force, shall submit to the appropriate authorizing and appropriating committees of the Senate and the House of Representatives 

a financial report, certified by the Secretary of each agency that 

has budget authority for Great Lakes restoration activities, containing— 

(1) an interagency budget crosscut report that— 

(A) displays the budget proposed, including any 

planned interagency or intra-agency transfer, for each of 

the Federal agencies that carries out Great Lakes restoration activities in the upcoming fiscal year, separately 

reporting the amount of funding to be provided under 

existing laws pertaining to the Great Lakes ecosystem; 

and 

(B) identifies all expenditures since fiscal year 2004 

by the Federal Government and State governments for 

Great Lakes restoration activities; 

(2) a detailed accounting of all funds received and obligated 

by all Federal agencies and, to the extent available, State 

agencies using Federal funds, for Great Lakes restoration activities during the current and previous fiscal years; 

(3) a budget for the proposed projects (including a description of the project, authorization level, and project status) to 

be carried out in the upcoming fiscal year with the Federal 

portion of funds for activities; and 

(4) a listing of all projects to be undertaken in the upcoming 

fiscal year with the Federal portion of funds for activities. 

SEC. 740. (a) IN GENERAL.—None of the funds appropriated 

or otherwise made available by this or any other Act may be 

used for any Federal Government contract with any foreign incorporated entity which is treated as an inverted domestic corporation 

under section 835(b) of the Homeland Security Act of 2002 (6 

U.S.C. 395(b)) or any subsidiary of such an entity. 

(b) WAIVERS.— (1) IN GENERAL.—Any Secretary shall waive subsection (a) 

with respect to any Federal Government contract under the 

Determination. 

Contracts. 

Certification. 

Guidelines. 

Procedures. 


ccoleman on DSK8P6SHH1 with PUBLIC LAWS
123 STAT. 3216 PUBLIC LAW 111–117—DEC. 16, 2009 

authority of such Secretary if the Secretary determines that 

the waiver is required in the interest of national security. 

(2) REPORT TO CONGRESS.—Any Secretary issuing a waiver 

under paragraph (1) shall report such issuance to Congress. 

(c) EXCEPTION.—This section shall not apply to any Federal 

Government contract entered into before the date of the enactment 

of this Act, or to any task order issued pursuant to such contract. 

SEC. 741. None of the funds made available by this or any 

other Act may be used to implement, administer, enforce, or apply 

the rule entitled ‘‘Competitive Area’’ published by the Office of 

Personnel Management in the Federal Register on April 15, 2008 

(73 Fed. Reg. 20180 et seq.). 

SEC. 742. (a) Section 748 of the Financial Services and General 

Government Appropriations Act, 2009 (Public Law 111–8, division 

D) is repealed. 

(b) Hereafter, the President may modify or replace Executive 

Order No. 13423 if the President determines that a revised or 

new executive order will achieve equal or better environmental 

or energy efficiency results. 

SEC. 743. (a) SERVICE CONTRACT INVENTORY REQUIREMENT.— 

(1) GUIDANCE.—Not later than March 1, 2010, the Director 

of the Office of Management and Budget shall develop and 

disseminate guidance to aid executive agencies in establishing 

systems for the collection of information required to meet the 

requirements of this section and to ensure consistency of inventories across agencies. 

(2) REPORT.—Not later than July 31, 2010, the Director 

of the Office of Management and Budget shall submit a report 

to Congress on the status of efforts to enable executive agencies 

to prepare the inventories required under paragraph (3), 

including the development, as appropriate, of guidance, methodologies, and technical tools. 

(3) INVENTORY CONTENTS.—Not later than December 31, 

2010, and annually thereafter, the head of each executive 

agency required to submit an inventory in accordance with 

the Federal Activities Inventory Reform Act of 1998 (Public 

Law 105–270; 31 U.S.C. 501 note), other than the Department 

of Defense, shall submit to the Office of Management and 

Budget an annual inventory of service contracts awarded or 

extended through the exercise of an option on or after April 

1, 2010, for or on behalf of such agency. For each service 

contract, the entry for an inventory under this section shall 

include, for the preceding fiscal year, the following: 

(A) A description of the services purchased by the 

executive agency and the role the services played in 

achieving agency objectives, regardless of whether such 

a purchase was made through a contract or task order. 

(B) The organizational component of the executive 

agency administering the contract, and the organizational 

component of the agency whose requirements are being 

met through contractor performance of the service. 

(C) The total dollar amount obligated for services under 

the contract and the funding source for the contract. 

(D) The total dollar amount invoiced for services under 

the contract. 

(E) The contract type and date of award. 

Deadlines. 

31 USC 501 note. 

President. 

Determination. 

42 USC 4321 

note. 

Ante, p. 630. 


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PUBLIC LAW 111–117—DEC. 16, 2009 123 STAT. 3217 

(F) The name of the contractor and place of performance. 

(G) The number and work location of contractor and 

subcontractor employees, expressed as full-time equivalents 

for direct labor, compensated under the contract. 

(H) Whether the contract is a personal services contract. 

(I) Whether the contract was awarded on a noncompetitive basis, regardless of date of award. 

(b) FORM.—Reports required under this section shall be submitted in unclassified form, but may include a classified annex. 

(c) PUBLICATION.—Not later than 30 days after the date on 

which the inventory under subsection (a)(3) is required to be submitted to the Office of Management and Budget, the head of each 

executive agency shall— 

(1) make the inventory available to the public; and 

(2) publish in the Federal Register a notice that the inventory is available to the public. 

(d) GOVERNMENT-WIDE INVENTORY REPORT.—Not later than 90 

days after the deadline for submitting inventories under subsection 

(a)(3), and annually thereafter, the Director of the Office of Management and Budget shall submit to Congress and make publicly 

available on the Office of Management and Budget website a report 

on the inventories submitted. The report shall identify whether 

each agency required to submit an inventory under subsection 

(a)(3) has met such requirement and summarize the information 

submitted by each executive agency required to have a Chief Financial Officer pursuant to section 901 of title 31, United States Code. 

(e) REVIEW AND PLANNING REQUIREMENTS.—Not later than 180 

days after the deadline for submitting inventories under subsection 

(a)(3) for an executive agency, the head of the executive agency, 

or an official designated by the agency head shall— 

(1) review the contracts and information in the inventory; 

(2) ensure that— 

(A) each contract in the inventory that is a personal 

services contract has been entered into, and is being performed, in accordance with applicable laws and regulations; 

(B) the agency is giving special management attention 

to functions that are closely associated with inherently 

governmental functions; 

(C) the agency is not using contractor employees to 

perform inherently governmental functions; 

(D) the agency has specific safeguards and monitoring 

systems in place to ensure that work being performed 

by contractors has not changed or expanded during 

performance to become an inherently governmental function; 

(E) the agency is not using contractor employees to 

perform critical functions in such a way that could affect 

the ability of the agency to maintain control of its mission 

and operations; and 

(F) there are sufficient internal agency resources to 

manage and oversee contracts effectively; 

(3) identify contracts that have been poorly performed, 

as determined by a contracting officer, because of excessive 

costs or inferior quality; and 

Public 

information. 

Web posting. 

Federal Register, 

publication. 

Notice. 

Public 

information. 


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123 STAT. 3218 PUBLIC LAW 111–117—DEC. 16, 2009 

(4) identify contracts that should be considered for conversion to— 

(A) performance by Federal employees of the executive 

agency in accordance with agency insourcing guidelines 

required under section 736 of the Financial Services and 

General Government Appropriations Act, 2009 (Public Law 

111–8, division D); or 

(B) an alternative acquisition approach that would 

better enable the agency to efficiently utilize its assets 

and achieve its public mission. 

(f) REPORT ON ACTIONS TAKEN IN RESPONSE TO ANNUAL INVEN- TORY.—Not later than one year after submitting an annual inventory under subsection (a)(3), the head of each executive agency 

submitting such an inventory shall submit to the Office of Management and Budget a report summarizing the actions taken pursuant 

to subsection (e), including any actions taken to consider and convert 

functions from contractor to Federal employee performance. The 

report shall be included as an attachment to the next annual 

inventory and made publicly available in accordance with subsection 

(c). 

(g) SUBMISSION OF SERVICE CONTRACT INVENTORY BEFORE

PUBLIC-PRIVATE COMPETITION.—Notwithstanding any other provision of law, beginning in fiscal year 2011, if an executive agency 

has not submitted to the Office of Management and Budget the 

inventory required under subsection (a)(3) for the prior fiscal year, 

the agency may not begin, plan for, or announce a study or publicprivate competition regarding the conversion to contractor performance of any function performed by Federal employees pursuant 

to Office of Management and Budget Circular A–76 or any other 

administrative regulation or directive until such time as the inventory is submitted for the prior fiscal year. 

(h) GAO REPORTS ON IMPLEMENTATION.— 

(1) REPORT ON GUIDANCE.—Not later than 120 days after 

submission of the report by the Director of the Office of Management and Budget required under subsection (a)(2), the Comptroller General of the United States shall report on the guidance 

issued and actions taken by the Director. The report shall 

be submitted to the Committee on Homeland Security and 

Governmental Affairs and the Committee on Appropriations 

of the Senate and the Committee on Oversight and Government 

Reform and the Committee on Appropriations of the House 

of Representatives. 

(2) REPORTS ON INVENTORIES.— 

(A) INITIAL INVENTORY.—Not later than September 30, 

2011, the Comptroller General of the United States shall 

submit a report to the Committees named in the preceding 

paragraph on the initial implementation by executive agencies of the inventory requirement in subsection (a)(3) with 

respect to inventories required to be submitted by 

December 31, 2010. 

(B) SECOND INVENTORY.—Not later than September 30, 

2012, the Comptroller General shall submit a report to 

the same Committees on annual inventories required to 

be submitted by December 31, 2011. 

(3) PERIODIC BRIEFINGS.—The Comptroller General shall 

provide periodic briefings, as may be requested by the Committees, on matters related to implementation of this section. 

Effective date. 


ccoleman on DSK8P6SHH1 with PUBLIC LAWS
PUBLIC LAW 111–117—DEC. 16, 2009 123 STAT. 3219 

(i) EXECUTIVE AGENCY DEFINED.—In this section, the term 

‘‘executive agency’’ has the meaning given the term in section 4 

of the Office of Federal Procurement Policy Act (41 U.S.C. 403). 

SEC. 744. (a) The adjustment in rates of basic pay for employees 

under the statutory pay systems that takes effect in fiscal year 

2010 under section 5303 of title 5, United States Code, shall be 

an increase of 1.5 percent, and the overall average percentage 

of the adjustments taking effect in such fiscal year under sections 

5304–5304a of such title 5 shall be an increase of 0.5 percent 

(with comparability payments to be determined and allocated among 

pay localities by the President). Adjustments under the preceding 

sentence shall also apply to civilian employees in the Department 

of Homeland Security and in the Department of Defense. All adjustments under this subsection shall be effective as of the first day 

of the first applicable pay period beginning on or after January 

1, 2010. 

(b) Notwithstanding section 710, the adjustment in rates of 

basic pay for the statutory pay systems that take place in fiscal 

year 2010 under sections 5344 and 5348 of title 5, United States 

Code, shall be no less than the percentages in subsection (a) as 

employees in the same location whose rates of basic pay are adjusted 

pursuant to the statutory pay systems under section 5303 and 

5304–5304a of title 5, United States Code. Prevailing rate employees 

at locations where there are no employees whose pay is increased 

pursuant to sections 5303 and 5304–5304a of such title 5 and 

prevailing rate employees described in section 5343(a)(5) of such 

title 5 shall be considered to be located in the pay locality designated 

as ‘‘Rest of U.S.’’ pursuant to section 5304 of such title 5 for 

purposes of this subsection. 

(c) Funds used to carry out this section shall be paid from 

appropriations, which are made to each applicable department or 

agency for salaries and expenses for fiscal year 2010. 

SEC. 745. (a) Section 5538 of title 5, United States Code, is 

amended by striking subsection (b) and inserting the following: 

‘‘(b) Amounts under this section shall be payable with respect 

to each pay period (which would otherwise apply if the employee’s 

civilian employment had not been interrupted)— 

‘‘(1) during which such employee is entitled to re-employment rights under chapter 43 of title 38 with respect to the 

position from which such employee is absent (as referred to 

in subsection (a)); and 

‘‘(2) for which such employee does not otherwise receive 

basic pay (including by taking any annual, military, or other 

paid leave) to which such employee is entitled by virtue of 

such employee’s civilian employment with the Government.’’. 

(b) The amendments made by this section shall take effect 

on the first day of the first applicable pay period beginning on 

or after the date of the enactment of this Act. 

SEC. 746. Except as expressly provided otherwise, any reference 

to ‘‘this Act’’ contained in any title other than title IV or VIII 

shall not apply to such title IV or VIII. 

SEC. 747. (a) DEFINITIONS.—For purposes of this section the 

following definitions apply: 

(1) The term ‘‘covered manufacturer’’ means— 

(A) an automobile manufacturer in which the United 

States Government has an ownership interest, or to which 

the Government has provided financial assistance under 

Effective date. 

5 USC 5538 note. 

Applicability. 

Effective date. 

President. 

Determination. 

5 USC 5303 note. 


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123 STAT. 3220 PUBLIC LAW 111–117—DEC. 16, 2009 

title I of the Emergency Economic Stabilization Act of 

2008; or 

(B) an automobile manufacturer which acquired more 

than half of the assets of an automobile manufacturer 

in which the United States Government has an ownership 

interest, or to which the Government has provided financial 

assistance under title I of the Emergency Economic Stabilization Act of 2008. 

(2) The term ‘‘covered dealership’’ means an automobile 

dealership that had a franchise agreement for the sale and 

service of vehicles of a brand or brands with a covered manufacturer in effect as of October 3, 2008, and such agreement 

was terminated, not assigned in the form existing on October 

3, 2008 to another covered manufacturer in connection with 

an acquisition of assets related to the manufacture of that 

vehicle brand or brands, not renewed, or not continued during 

the period beginning on October 3, 2008, and ending on 

December 31, 2010. 

(b) A covered dealership that was not lawfully terminated under 

applicable State law on or before April 29, 2009, shall have the 

right to seek, through binding arbitration, continuation, or 

reinstatement of a franchise agreement, or to be added as a 

franchisee to the dealer network of the covered manufacturer in 

the geographical area where the covered dealership was located 

when its franchise agreement was terminated, not assigned, not 

renewed, or not continued. Such continuation, reinstatement, or 

addition shall be limited to each brand owned and manufactured 

by the covered manufacturer at the time the arbitration commences, 

to the extent that the covered dealership had been a dealer for 

such brand at the time such dealer’s franchise agreement was 

terminated, not assigned, not renewed, or not continued. 

(c) Before the end of the 30-day period beginning on the date 

of the enactment of this Act, a covered manufacturer shall provide 

to each covered dealership related to such covered manufacturer 

a summary of the terms and the rights accorded under this section 

to a covered dealership and the specific criteria pursuant to which 

such dealer was terminated, was not renewed, or was not assumed 

and assigned to a covered manufacturer. 

(d) A covered dealership may elect to pursue the right to 

binding arbitration with the appropriate covered manufacturer. 

Such election must occur within 40 days of the date of enactment. 

The arbitration process must commence as soon as practicable 

thereafter with the selection of the arbitrator and conclude with 

the case being submitted to the arbitrator for deliberation within 

180 days of the date of enactment of this Act. The arbitrator 

may extend the time periods in this subsection for up to 30 days 

for good cause. The covered manufacturer and the covered dealership may present any relevant information during the arbitration. 

The arbitrator shall balance the economic interest of the covered 

dealership, the economic interest of the covered manufacturer, and 

the economic interest of the public at large and shall decide, based 

on that balancing, whether or not the covered dealership should 

be added to the dealer network of the covered manufacturer. The 

factors considered by the arbitrator shall include (1) the covered 

dealership’s profitability in 2006, 2007, 2008, and 2009, (2) the 

Deadlines. 

Deadline. 


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PUBLIC LAW 111–117—DEC. 16, 2009 123 STAT. 3221 

covered manufacturer’s overall business plan, (3) the covered dealership’s current economic viability, (4) the covered dealership’s satisfaction of the performance objectives established pursuant to the 

applicable franchise agreement, (5) the demographic and geographic 

characteristics of the covered dealership’s market territory, (6) the 

covered dealership’s performance in relation to the criteria used 

by the covered manufacturer to terminate, not renew, not assume 

or not assign the covered dealership’s franchise agreement, and 

(7) the length of experience of the covered dealership. The arbitrator 

shall issue a written determination no later than 7 business days 

after the arbitrator determines that case has been fully submitted. 

At a minimum, the written determination shall include (1) a description of the covered dealership, (2) a clear statement indicating 

whether the franchise agreement at issue is to be renewed, continued, assigned or assumed by the covered manufacturer, (3) the 

key facts relied upon by the arbitrator in making the determination, 

and (4) an explanation of how the balance of economic interests 

supports the arbitrator’s determination. 

(e) The arbitrator shall be selected from the list of qualified 

arbitrators maintained by the Regional Office of the American 

Arbitration Association (AAA), in the Region where the dealership 

is located, by mutual agreement of the covered dealership and 

covered manufacturer. If agreement cannot be reached on a suitable 

arbitrator, the parties shall request AAA to select the arbitrator. 

There will be no depositions in the proceedings, and discovery 

shall be limited to requests for documents specific to the covered 

dealership. The parties shall be responsible for their own expenses, 

fees, and costs, and shall share equally all other costs associated 

with the arbitration, such as arbitrator fees, meeting room charges, 

and administrative costs. The arbitration shall be conducted in 

the State where the covered dealership is located. Parties will 

have the option of conducting arbitration electronically and telephonically, by mutual agreement of both parties. The arbitrator 

shall not award compensatory, punitive, or exemplary damages 

to any party. If the arbitrator finds in favor of a covered dealership, 

the covered manufacturer shall as soon as practicable, but not 

later than 7 business days after receipt of the arbitrator’s determination, provide the dealer a customary and usual letter of intent 

to enter into a sales and service agreement. After executing the 

sales and service agreement and successfully completing the operational prerequisites set forth therein, a covered dealership shall 

return to the covered manufacturer any financial compensation 

provided by the covered manufacturer in consideration of the covered manufacturer’s initial determination to terminate, not renew, 

not assign or not assume the covered dealership’s applicable franchise agreement. 

(f) Any legally binding agreement resulting from a voluntary 

negotiation between a covered manufacturer and covered dealership(s) shall not be considered inconsistent with this provision 

and any covered dealership that is a party to such agreement 

shall forfeit the right to arbitration established by this provision. 

(g) Notwithstanding the requirements of this provision, nothing 

herein shall prevent a covered manufacturer from lawfully terminating a covered dealership in accordance with applicable State 

law. 

Deadline. 

Contracts. 

Determination. 

Deadline. 


ccoleman on DSK8P6SHH1 with PUBLIC LAWS
123 STAT. 3222 PUBLIC LAW 111–117—DEC. 16, 2009 

TITLE VIII 

GENERAL PROVISIONS—DISTRICT OF COLUMBIA 

(INCLUDING TRANSFER OF FUNDS)

SEC. 801. Whenever in this Act, an amount is specified within 

an appropriation for particular purposes or objects of expenditure, 

such amount, unless otherwise specified, shall be considered as 

the maximum amount that may be expended for said purpose 

or object rather than an amount set apart exclusively therefor. 

SEC. 802. Appropriations in this Act shall be available for 

expenses of travel and for the payment of dues of organizations 

concerned with the work of the District of Columbia government, 

when authorized by the Mayor, or, in the case of the Council 

of the District of Columbia, funds may be expended with the 

authorization of the Chairman of the Council. 

SEC. 803. There are appropriated from the applicable funds 

of the District of Columbia such sums as may be necessary for 

making refunds and for the payment of legal settlements or judgments that have been entered against the District of Columbia 

government. 

SEC. 804. (a) None of the Federal funds provided in this Act 

shall be used for publicity or propaganda purposes or implementation of any policy including boycott designed to support or defeat 

legislation pending before Congress or any State legislature. 

(b) The District of Columbia may use local funds provided 

in this title to carry out lobbying activities on any matter. 

SEC. 805. (a) None of the Federal funds provided under this 

Act to the agencies funded by this Act, both Federal and District 

government agencies, that remain available for obligation or 

expenditure in fiscal year 2010, or provided from any accounts 

in the Treasury of the United States derived by the collection 

of fees available to the agencies funded by this Act, shall be available for obligation or expenditures for an agency through a reprogramming of funds which— 

(1) creates new programs; 

(2) eliminates a program, project, or responsibility center; 

(3) establishes or changes allocations specifically denied, 

limited or increased under this Act; 

(4) increases funds or personnel by any means for any 

program, project, or responsibility center for which funds have 

been denied or restricted; 

(5) re-establishes any program or project previously 

deferred through reprogramming; 

(6) augments any existing program, project, or responsibility center through a reprogramming of funds in excess of 

$3,000,000 or 10 percent, whichever is less; or 

(7) increases by 20 percent or more personnel assigned 

to a specific program, project or responsibility center, 

unless the Committees on Appropriations of the House of Representatives and the Senate are notified in writing 15 days in advance 

of the reprogramming. 

(b) The District of Columbia government is authorized to 

approve and execute reprogramming and transfer requests of local 

funds under this title through November 1, 2010. 

Notification. 

Deadline. 

Lobbying. 


ccoleman on DSK8P6SHH1 with PUBLIC LAWS
PUBLIC LAW 111–117—DEC. 16, 2009 123 STAT. 3223 

SEC. 806. Consistent with the provisions of section 1301(a) 

of title 31, United States Code, appropriations under this Act shall 

be applied only to the objects for which the appropriations were 

made except as otherwise provided by law. 

SEC. 807. None of the Federal funds provided in this Act may 

be used by the District of Columbia to provide for salaries, expenses, 

or other costs associated with the offices of United States Senator 

or United States Representative under section 4(d) of the District 

of Columbia Statehood Constitutional Convention Initiatives of 1979 

(D.C. Law 3–171; D.C. Official Code, sec. 1–123). 

SEC. 808. Except as otherwise provided in this section, none 

of the funds made available by this Act or by any other Act may 

be used to provide any officer or employee of the District of 

Columbia with an official vehicle unless the officer or employee 

uses the vehicle only in the performance of the officer’s or employee’s 

official duties. For purposes of this section, the term ‘‘official duties’’ 

does not include travel between the officer’s or employee’s residence 

and workplace, except in the case of— 

(1) an officer or employee of the Metropolitan Police Department who resides in the District of Columbia or a District 

of Columbia government employee as may otherwise be designated by the Chief of the Department; 

(2) at the discretion of the Fire Chief, an officer or employee 

of the District of Columbia Fire and Emergency Medical Services Department who resides in the District of Columbia and 

is on call 24 hours a day or is otherwise designated by the 

Fire Chief; 

(3) at the discretion of the Director of the Department 

of Corrections, an officer or employee of the District of Columbia 

Department of Corrections who resides in the District of 

Columbia and is on call 24 hours a day or is otherwise designated by the Director; 

(4) the Mayor of the District of Columbia; and 

(5) the Chairman of the Council of the District of Columbia. 

SEC. 809. (a) None of the Federal funds contained in this 

Act may be used by the District of Columbia Attorney General 

or any other officer or entity of the District government to provide 

assistance for any petition drive or civil action which seeks to 

require Congress to provide for voting representation in Congress 

for the District of Columbia. 

(b) Nothing in this section bars the District of Columbia 

Attorney General from reviewing or commenting on briefs in private 

lawsuits, or from consulting with officials of the District government 

regarding such lawsuits. 

SEC. 810. None of the Federal funds contained in this Act 

may be used to distribute any needle or syringe for the purpose 

of preventing the spread of blood borne pathogens in any location 

that has been determined by the local public health or local law 

enforcement authorities to be inappropriate for such distribution. 

SEC. 811. Nothing in this Act may be construed to prevent 

the Council or Mayor of the District of Columbia from addressing 

the issue of the provision of contraceptive coverage by health insurance plans, but it is the intent of Congress that any legislation 

enacted on such issue should include a ‘‘conscience clause’’ which 

provides exceptions for religious beliefs and moral convictions. 

Contraceptives. 

Conscience 

exceptions. 

Needle 

distribution. 

Voting rights. 

Applicability. 


ccoleman on DSK8P6SHH1 with PUBLIC LAWS
123 STAT. 3224 PUBLIC LAW 111–117—DEC. 16, 2009 

SEC. 812. The Mayor of the District of Columbia shall submit 

to the Committees on Appropriations of the House of Representatives and the Senate, the Committee on Oversight and Government 

Reform of the House of Representatives, and the Committee on 

Homeland Security and Governmental Affairs of the Senate annual 

reports addressing— 

(1) crime, including the homicide rate, implementation of 

community policing, the number of police officers on local beats, 

and the closing down of open-air drug markets; 

(2) access to substance and alcohol abuse treatment, 

including the number of treatment slots, the number of people 

served, the number of people on waiting lists, and the effectiveness of treatment programs, the retention rates in treatment 

programs, and the recidivism/re-arrest rates for treatment 

participants; 

(3) management of parolees and pre-trial violent offenders, 

including the number of halfway houses escapes and steps 

taken to improve monitoring and supervision of halfway house 

residents to reduce the number of escapes to be provided in 

consultation with the Court Services and Offender Supervision 

Agency for the District of Columbia; 

(4) education, including access to special education services 

and student achievement to be provided in consultation with 

the District of Columbia Public Schools and the District of 

Columbia public charter schools, repeated grade rates, high 

school graduation rates, post-secondary education attendance 

rates, and teen pregnancy rates; 

(5) improvement in basic District services, including rat 

control and abatement; 

(6) application for and management of Federal grants, 

including the number and type of grants for which the District 

was eligible but failed to apply and the number and type 

of grants awarded to the District but for which the District 

failed to spend the amounts received; 

(7) indicators of child and family well-being including child 

living arrangements by family structure, number of children 

aging out of foster care, poverty rates by family structure, 

crime by family structure, marriage rates by income quintile, 

and out-of-wedlock births; and 

(8) employment, including job status and participation in 

assistance programs by income, education and family structure. 

SEC. 813. None of the Federal funds contained in this Act 

may be used to enact or carry out any law, rule, or regulation 

to legalize or otherwise reduce penalties associated with the possession, use, or distribution of any schedule I substance under the 

Controlled Substances Act (21 U.S.C. 801 et seq.) or any 

tetrahydrocannabinols derivative. 

SEC. 814. None of the Federal funds appropriated under this 

Act shall be expended for any abortion except where the life of 

the mother would be endangered if the fetus were carried to term 

or where the pregnancy is the result of an act of rape or incest. 

SEC. 815. (a) No later than 30 calendar days after the date 

of the enactment of this Act, the Chief Financial Officer for the 

District of Columbia shall submit to the appropriate committees 

of Congress, the Mayor, and the Council of the District of Columbia, 

a revised appropriated funds operating budget in the format of 

the budget that the District of Columbia government submitted 

Deadline. 

Budget. 

Abortion. 

Drugs and drug 

abuse. 

Deadline. 

Reports. 


ccoleman on DSK8P6SHH1 with PUBLIC LAWS
PUBLIC LAW 111–117—DEC. 16, 2009 123 STAT. 3225 

pursuant to section 442 of the District of Columbia Home Rule 

Act (D.C. Official Code, sec. 1–204.42), for all agencies of the District 

of Columbia government for fiscal year 2010 that is in the total 

amount of the approved appropriation and that realigns all budgeted data for personal services and other-than-personal services, 

respectively, with anticipated actual expenditures. 

(b) This section shall apply only to an agency for which the 

Chief Financial Officer for the District of Columbia certifies that 

a reallocation is required to address unanticipated changes in program requirements. 

SEC. 816. No later than 30 calendar days after the date of 

the enactment of this Act, the Chief Financial Officer for the District 

of Columbia shall submit to the appropriate committees of Congress, 

the Mayor, and the Council for the District of Columbia, a revised 

appropriated funds operating budget for the District of Columbia 

Public Schools that aligns schools budgets to actual enrollment. 

The revised appropriated funds budget shall be in the format of 

the budget that the District of Columbia government submitted 

pursuant to section 442 of the District of Columbia Home Rule 

Act (D.C. Official Code, Sec. 1–204.42). 

SEC. 817. Amounts appropriated in this Act as operating funds 

may be transferred to the District of Columbia’s enterprise and 

capital funds and such amounts, once transferred, shall retain 

appropriation authority consistent with the provisions of this Act. 

SEC. 818. Except as expressly provided otherwise, any reference 

to ‘‘this Act’’ contained in this title or in title IV shall be treated 

as referring only to the provisions of this title or of title IV. 

This division may be cited as the ‘‘Financial Services and General Government Appropriations Act, 2010’’. 

DIVISION D—DEPARTMENTS OF LABOR, HEALTH AND 

HUMAN SERVICES, AND EDUCATION, AND RELATED 

AGENCIES APPROPRIATIONS ACT, 2010 

TITLE I 

DEPARTMENT OF LABOR 

EMPLOYMENT AND TRAINING ADMINISTRATION

TRAINING AND EMPLOYMENT SERVICES

(INCLUDING TRANSFER OF FUNDS)

For necessary expenses of the Workforce Investment Act of 

1998 (‘‘WIA’’), the Second Chance Act of 2007, and the Women 

in Apprenticeship and Non-Traditional Occupations Act of 1992, 

including the purchase and hire of passenger motor vehicles, the 

construction, alteration, and repair of buildings and other facilities, 

and the purchase of real property for training centers as authorized 

by the WIA; $3,828,530,000, plus reimbursements, shall be available. Of the amounts provided: 

(1) for grants to States for adult employment and training 

activities, youth activities, and dislocated worker employment 

and training activities, $2,969,449,000 as follows: 

(A) $861,540,000 for adult employment and training 

activities, of which $149,540,000 shall be available for the 

period July 1, 2010, through June 30, 2011, and of which 

Department of 

Labor 

Appropriations 

Act, 2010. 

Departments of 

Labor, Health 

and Human 

Services, and 

Education, and 

Related Agencies 

Appropriations 

Act, 2010. 

Deadline. 

Budget. 

Applicability. 

Certification. 


ccoleman on DSK8P6SHH1 with PUBLIC LAWS
123 STAT. 3226 PUBLIC LAW 111–117—DEC. 16, 2009 

$712,000,000 shall be available for the period October 1, 

2010 through June 30, 2011; 

(B) $924,069,000 for youth activities, which shall be 

available for the period April 1, 2010 through June 30, 

2011; and 

(C) $1,183,840,000 for dislocated worker employment 

and training activities, of which $323,840,000 shall be 

available for the period July 1, 2010 through June 30, 

2011, and of which $860,000,000 shall be available for 

the period October 1, 2010 through June 30, 2011: 

Provided, That notwithstanding the transfer limitation under 

section 133(b)(4) of the WIA, up to 30 percent of such funds 

may be transferred by a local board if approved by the Governor: Provided further, That a local board may award a contract to an institution of higher education or other eligible 

training provider if the local board determines that it would 

facilitate the training of multiple individuals in high-demand 

occupations, if such contract does not limit customer choice; 

(2) for federally administered programs, $470,038,000 as 

follows: 

(A) $229,160,000 for the dislocated workers assistance 

national reserve, of which $29,160,000 shall be available 

for the period July 1, 2010 through June 30, 2011, and 

of which $200,000,000 shall be available for the period 

October 1, 2010 through June 30, 2011: Provided, That 

funds provided to carry out section 132(a)(2)(A) of the WIA 

may be used to provide assistance to a State for Statewide or local use in order to address cases where there 

have been worker dislocations across multiple sectors or 

across multiple local areas and such workers remain dislocated; coordinate the State workforce development plan 

with emerging economic development needs; and train such 

eligible dislocated workers: Provided further, That funds 

provided to carry out section 171(d) of the WIA may be 

used for demonstration projects that provide assistance 

to new entrants in the workforce and incumbent workers: 

Provided further, That none of the funds shall be obligated 

to carry out section 173(e) of the WIA; 

(B) $52,758,000 for Native American programs, which 

shall be available for the period July 1, 2010 through 

June 30, 2011; 

(C) $84,620,000 for migrant and seasonal farmworker 

programs under section 167 of the WIA, including 

$78,410,000 for formula grants (of which not less than 

70 percent shall be for employment and training services), 

$5,700,000 for migrant and seasonal housing (of which 

not less than 70 percent shall be for permanent housing), 

and $510,000 for other discretionary purposes, which shall 

be available for the period July 1, 2010 through June 

30, 2011: Provided, That notwithstanding any other provision of law or related regulation, the Department of Labor 

shall take no action limiting the number or proportion 

of eligible participants receiving related assistance services 

or discouraging grantees from providing such services; 

(D) $1,000,000 for carrying out the Women in 

Apprenticeship and Nontraditional Occupations Act, which 


ccoleman on DSK8P6SHH1 with PUBLIC LAWS
PUBLIC LAW 111–117—DEC. 16, 2009 123 STAT. 3227 

shall be available for the period July 1, 2010 through 

June 30, 2011; and 

(E) $102,500,000 for YouthBuild activities as described 

in section 173A of the WIA, which shall be available for 

the period April 1, 2010 through June 30, 2011: Provided, 

That for program year 2010 and each program year thereafter, the YouthBuild program may serve an individual 

who has dropped out of high school and re-enrolled in 

an alternative school, if that re-enrollment is part of a 

sequential service strategy; 

(3) for national activities, $389,043,000, as follows: 

(A) $93,450,000 for Pilots, Demonstrations, and 

Research, which shall be available for the period April 

1, 2010 through June 30, 2011, of which $30,000,000 shall 

be for Transitional Jobs activities, and shall not be subject 

to the requirements of section 171(b)(2)(B) or 171(c)(4)(D) 

of the WIA, and that up to 10 percent of the amount 

available for Transitional Jobs activities may be used for 

evaluation of such projects or transferred to the Department of Health and Human Services and/or the Department 

of Justice for support of Transitional Jobs activities; and 

of which $5,500,000 shall be for competitive grants to 

address the employment and training needs of young parents, and shall not be subject to the requirements of section 

171(b)(2)(B) or 171(c)(4)(D) of the WIA; and of which 

$48,889,000 shall be used for the projects, and in the 

amounts, specified under the heading ‘‘Training and 

Employment Services’’ in the statement of the managers 

on the conference report accompanying this Act: Provided, 

That funding provided to carry out such projects shall 

not be subject to the requirements of sections 171(b)(2)(B) 

and 171(c)(4)(D) of the WIA, the joint funding requirements 

of sections 171(b)(2)(A) and 171(c)(4)(A) of the WIA, or 

any time limit requirements of sections 171(b)(2)(C) and 

171(c)(4)(B) of the WIA; 

(B) $108,493,000 for ex-offender activities, under the 

authority of section 171 of the WIA and section 212 of 

the Second Chance Act of 2007, which shall be available 

for the period April 1, 2010 through June 30, 2011, notwithstanding the requirements of section 171(b)(2)(B) or 

171(c)(4)(D) of the WIA, of which $15,000,000 shall be 

for competitive grants to provide Transitional Job activities 

for ex-offenders; 

(C) $9,600,000 for Evaluation, which shall be available 

for the period July 1, 2010 through June 30, 2011; 

(D) $40,000,000 for activities that prepare workers for 

careers in energy efficiency and renewable energy as 

described in section 171(e)(1)(B) of the WIA, under the 

authority of section 171 of the WIA, which shall be available for the period July 1, 2010 through June 30, 2011, 

and which shall not be subject to the requirements of 

section 171(b)(2)(B) or 171(c)(4)(D); 

(E) $125,000,000 for Career Pathways Innovation 

Fund, under the authority of section 171 of the WIA, which 

shall be available for the period July 1, 2010 through 

June 30, 2011, of which not less than $65,000,000 shall 

be dedicated to activities that prepare workers for careers 

29 USC 2918b. 

Time period. 


ccoleman on DSK8P6SHH1 with PUBLIC LAWS
123 STAT. 3228 PUBLIC LAW 111–117—DEC. 16, 2009 

in the health care sector, and which shall not be subject 

to the requirements of section 171(b)(2)(B) or 171(c)(4)(D); 

and 

(F) $12,500,000 for the Workforce Data Quality Initiative, under the authority of section 171(c)(2) of the WIA, 

which shall be available for the period July 1, 2010 through 

June 30, 2011, and which shall not be subject to the 

requirements of section 171(c)(4)(D). 

COMMUNITY SERVICE EMPLOYMENT FOR OLDER AMERICANS

To carry out title V of the Older Americans Act of 1965 (‘‘OAA’’), $825,425,000, of which $600,425,000 shall be available for the period 

July 1, 2010 through June 30, 2011 and of which $225,000,000 

shall be available on the date of the enactment of this Act and 

remain available through December 31, 2011: Provided, That notwithstanding sections 506 and 514 of the OAA, $225,000,000 shall 

be allotted within 45 days of the date of the enactment of this 

Act to current grantees that the Secretary of Labor determines 

can effectively utilize additional funding: Provided further, That 

within 15 days of the enactment of this Act, the Secretary shall 

provide to the Committees on Appropriations of the House of Representatives and the Senate a report on the procedure for allotting 

such funds: Provided further, That funds made available under 

this heading may, in accordance with section 517(c) of the OAA, 

be recaptured and reobligated. 

FEDERAL UNEMPLOYMENT BENEFITS AND ALLOWANCES

For payments during fiscal year 2010 of trade adjustment benefit payments and allowances under part I of subchapter B of 

chapter 2 of title II of the Trade Act of 1974, and section 246 

of that Act; and for training, employment and case management 

services, allowances for job search and relocation, and related State 

administrative expenses under part II of subchapter B of chapter 

2 of title II of the Trade Act of 1974, including benefit payments, 

allowances, training, and related State administration provided 

pursuant to paragraphs (1) and (2) of section 1891(b) of the Trade 

and Globalization Adjustment Assistance Act of 2009, 

$1,818,400,000, together with such amounts as may be necessary 

to be charged to the subsequent appropriation for payments for 

any period subsequent to September 15, 2010. 

STATE UNEMPLOYMENT INSURANCE AND EMPLOYMENT SERVICE

OPERATIONS

For authorized administrative expenses, $86,403,000, together 

with not to exceed $3,977,278,000 which may be expended from 

the Employment Security Administration Account in the Unemployment Trust Fund (‘‘the Trust Fund’’), of which: 

(1) $3,195,645,000 from the Trust Fund is for grants to 

States for the administration of State unemployment insurance 

laws as authorized under title III of the Social Security Act 

(including $10,000,000 to conduct in-person reemployment and 

eligibility assessments and unemployment insurance improper 

payment reviews), the administration of unemployment insurance for Federal employees and for ex-service members as 

authorized under 5 U.S.C. 8501–8523, and the administration 

Deadline. 

Reports. 

Deadline. 

Determination. 


ccoleman on DSK8P6SHH1 with PUBLIC LAWS
PUBLIC LAW 111–117—DEC. 16, 2009 123 STAT. 3229 

of trade readjustment allowances, reemployment trade adjustment assistance, and alternative trade adjustment assistance 

under the Trade Act of 1974 and under section 1891(b) of 

the Trade and Globalization Adjustment Assistance Act of 2009, 

and shall be available for obligation by the States through 

December 31, 2010, except that funds used for automation 

acquisitions shall be available for obligation by the States 

through September 30, 2012, and funds used for unemployment 

insurance workloads experienced by the States through September 30, 2010, shall be available for Federal obligation 

through December 31, 2010; 

(2) $11,310,000 from the Trust Fund is for national activities necessary to support the administration of the FederalState unemployment insurance system; 

(3) $680,893,000 from the Trust Fund, together with 

$22,683,000 from the General Fund of the Treasury, is for 

grants to States in accordance with section 6 of the WagnerPeyser Act, and shall be available for Federal obligation for 

the period July 1, 2010 through June 30, 2011; 

(4) $20,994,000 from the Trust Fund is for national activities of the Employment Service, including administration of 

the work opportunity tax credit under section 51 of the Internal 

Revenue Code of 1986, and the provision of technical assistance 

and staff training under the Wagner-Peyser Act, including not 

to exceed $1,228,000 that may be used for amortization payments to States which had independent retirement plans in 

their State employment service agencies prior to 1980; 

(5) $68,436,000 from the Trust Fund is for the administration of foreign labor certifications and related activities under 

the Immigration and Nationality Act and related laws, of which 

$53,307,000 shall be available for the Federal administration 

of such activities, and $15,129,000 shall be available for grants 

to States for the administration of such activities; and 

(6) $63,720,000 from the General Fund is to provide 

workforce information, national electronic tools, and one-stop 

system building under the Wagner-Peyser Act and section 171 

(e)(2)(C) of the Workforce Investment Act of 1998 and shall 

be available for Federal obligation for the period July 1, 2010 

through June 30, 2011: 

Provided, That to the extent that the Average Weekly Insured 

Unemployment (‘‘AWIU’’) for fiscal year 2010 is projected by the 

Department of Labor to exceed 5,059,000, an additional $28,600,000 

from the Trust Fund shall be available for obligation for every 

100,000 increase in the AWIU level (including a pro rata amount 

for any increment less than 100,000) to carry out title III of the 

Social Security Act: Provided further, That funds appropriated in 

this Act that are allotted to a State to carry out activities under 

title III of the Social Security Act may be used by such State 

to assist other States in carrying out activities under such title 

III if the other States include areas that have suffered a major 

disaster declared by the President under the Robert T. Stafford 

Disaster Relief and Emergency Assistance Act: Provided further, 

That the Secretary of Labor may use funds appropriated for grants 

to States under title III of the Social Security Act to make payments 

on behalf of States for the use of the National Directory of New 

Hires under section 453(j)(8) of such Act: Provided further, That 

funds appropriated in this Act which are used to establish a national 


ccoleman on DSK8P6SHH1 with PUBLIC LAWS
123 STAT. 3230 PUBLIC LAW 111–117—DEC. 16, 2009 

one-stop career center system, or which are used to support the 

national activities of the Federal-State unemployment insurance 

or immigration programs, may be obligated in contracts, grants, 

or agreements with non-State entities: Provided further, That funds 

appropriated under this Act for activities authorized under title 

III of the Social Security Act and the Wagner-Peyser Act may 

be used by States to fund integrated Unemployment Insurance 

and Employment Service automation efforts, notwithstanding cost 

allocation principles prescribed under the Office of Management 

and Budget Circular A–87: Provided further, That the Secretary, 

at the request of a State participating in a consortium with other 

States, may reallot funds allotted to such State under title III 

of the Social Security Act to other States participating in the 

consortium in order to carry out activities that benefit the administration of the unemployment compensation law of the State making 

the request. 

In addition, $50,000,000 from the Employment Security 

Administration Account of the Unemployment Trust Fund shall 

be available to conduct in-person reemployment and eligibility 

assessments and unemployment insurance improper payment 

reviews. 

ADVANCES TO THE UNEMPLOYMENT TRUST FUND AND OTHER FUNDS

For repayable advances to the Unemployment Trust Fund as 

authorized by sections 905(d) and 1203 of the Social Security Act, 

and to the Black Lung Disability Trust Fund as authorized by 

section 9501(c)(1) of the Internal Revenue Code of 1986; and for 

nonrepayable advances to the Unemployment Trust Fund as authorized by 5 U.S.C. 8509, and to the ‘‘Federal Unemployment Benefits 

and Allowances’’ account, such sums as may be necessary, which 

shall be available for obligation through September 30, 2011. 

PROGRAM ADMINISTRATION

For expenses of administering employment and training programs, $97,516,000, together with not to exceed $50,140,000, which 

may be expended from the Employment Security Administration 

Account in the Unemployment Trust Fund. 

EMPLOYEE BENEFITS SECURITY ADMINISTRATION

SALARIES AND EXPENSES

For necessary expenses for the Employee Benefits Security 

Administration, $154,861,000. 

PENSION BENEFIT GUARANTY CORPORATION

PENSION BENEFIT GUARANTY CORPORATION FUND

The Pension Benefit Guaranty Corporation (‘‘Corporation’’) is 

authorized to make such expenditures, including financial assistance authorized by subtitle E of title IV of the Employee Retirement 

Income Security Act of 1974, within limits of funds and borrowing 

authority available to the Corporation, and in accord with law, 

and to make such contracts and commitments without regard to 

fiscal year limitations, as provided by 31 U.S.C. 9104, as may 


ccoleman on DSK8P6SHH1 with PUBLIC LAWS
PUBLIC LAW 111–117—DEC. 16, 2009 123 STAT. 3231 

be necessary in carrying out the program, including associated 

administrative expenses, through September 30, 2010, for the Corporation: Provided, That none of the funds available to the Corporation for fiscal year 2010 shall be available for obligations for 

administrative expenses in excess of $464,067,000: Provided further, That to the extent that the number of new plan participants in 

plans terminated by the Corporation exceeds 100,000 in fiscal year 

2010, an amount not to exceed an additional $9,200,000 shall be 

available through September 30, 2011 for obligation for administrative expenses for every 20,000 additional terminated participants: 

Provided further, That an additional $50,000 shall be made available through September 30, 2011, for obligation for investment 

management fees for every $25,000,000 in assets received by the 

Corporation as a result of new plan terminations or asset growth, 

after approval by the Office of Management and Budget and 

notification of the Committees on Appropriations of the House of 

Representatives and the Senate: Provided further, That obligations 

in excess of the amounts provided in this paragraph may be incurred 

for unforeseen and extraordinary pretermination expenses after 

approval by the Office of Management and Budget and notification 

of the Committees on Appropriations of the House of Representatives and the Senate. 

EMPLOYMENT STANDARDS ADMINISTRATION

SALARIES AND EXPENSES

(INCLUDING RESCISSION AND TRANSFER OF FUNDS)

For necessary expenses for the Employment Standards 

Administration, including reimbursement to State, Federal, and 

local agencies and their employees for inspection services rendered, 

$491,382,000, together with $2,124,000 which may be expended 

from the Special Fund in accordance with sections 39(c), 44(d), 

and 44(j) of the Longshore and Harbor Workers’ Compensation 

Act: Provided, That the Secretary of Labor is authorized to establish 

and, in accordance with 31 U.S.C. 3302, collect and deposit in 

the Treasury fees for processing applications and issuing certificates 

under sections 11(d) and 14 of the Fair Labor Standards Act of 

1938 and for processing applications and issuing registrations under 

title I of the Migrant and Seasonal Agricultural Worker Protection 

Act: Provided further, That funds identified in the table contained 

in the statement of the managers on the conference report accompanying this Act for Program Direction and Support may be allocated among the agencies included in this account and may be 

transferred to any other account within the Department of Labor 

for such purposes. 

Of the unobligated funds collected pursuant to section 286(v) of the Immigration and Nationality Act, $50,000,000 are rescinded 

as of September 30, 2010. 

SPECIAL BENEFITS

(INCLUDING TRANSFER OF FUNDS)

For the payment of compensation, benefits, and expenses 

(except administrative expenses) accruing during the current or 

any prior fiscal year authorized by 5 U.S.C. 81; continuation of 

Fees. 

Notification. 

Notification. 


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123 STAT. 3232 PUBLIC LAW 111–117—DEC. 16, 2009 

benefits as provided for under the heading ‘‘Civilian War Benefits’’ 

in the Federal Security Agency Appropriation Act, 1947; the 

Employees’ Compensation Commission Appropriation Act, 1944; sections 4(c) and 5(f) of the War Claims Act of 1948; and 50 percent 

of the additional compensation and benefits required by section 

10(h) of the Longshore and Harbor Workers’ Compensation Act, 

$187,000,000, together with such amounts as may be necessary 

to be charged to the subsequent year appropriation for the payment 

of compensation and other benefits for any period subsequent to 

August 15 of the current year: Provided, That amounts appropriated 

may be used under 5 U.S.C. 8104, by the Secretary of Labor 

to reimburse an employer, who is not the employer at the time 

of injury, for portions of the salary of a re-employed, disabled 

beneficiary: Provided further, That balances of reimbursements 

unobligated on September 30, 2009, shall remain available until 

expended for the payment of compensation, benefits, and expenses: 

Provided further, That in addition there shall be transferred to 

this appropriation from the Postal Service and from any other 

corporation or instrumentality required under 5 U.S.C. 8147(c) to 

pay an amount for its fair share of the cost of administration, 

such sums as the Secretary determines to be the cost of administration for employees of such fair share entities through September 

30, 2010: Provided further, That of those funds transferred to this 

account from the fair share entities to pay the cost of administration 

of the Federal Employees’ Compensation Act, $58,120,000 shall 

be made available to the Secretary as follows: 

(1) For enhancement and maintenance of automated data 

processing systems and telecommunications systems, 

$19,968,000; 

(2) For automated workload processing operations, 

including document imaging, centralized mail intake, and medical bill processing, $23,323,000; 

(3) For periodic roll management and medical review, 

$14,829,000; and 

(4) The remaining funds shall be paid into the Treasury 

as miscellaneous receipts: 

Provided further, That the Secretary may require that any person 

filing a notice of injury or a claim for benefits under 5 U.S.C. 

81, or the Longshore and Harbor Workers’ Compensation Act, provide as part of such notice and claim, such identifying information 

(including Social Security account number) as such regulations 

may prescribe. 

SPECIAL BENEFITS FOR DISABLED COAL MINERS

For carrying out title IV of the Federal Mine Safety and Health 

Act of 1977, as amended by Public Law 107–275, $169,180,000, 

to remain available until expended. 

For making after July 31 of the current fiscal year, benefit 

payments to individuals under title IV of such Act, for costs incurred 

in the current fiscal year, such amounts as may be necessary. 

For making benefit payments under title IV for the first quarter 

of fiscal year 2011, $45,000,000, to remain available until expended. 

Regulations. 

Determination. 


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PUBLIC LAW 111–117—DEC. 16, 2009 123 STAT. 3233 

ADMINISTRATIVE EXPENSES, ENERGY EMPLOYEES OCCUPATIONAL

ILLNESS COMPENSATION FUND

For necessary expenses to administer the Energy Employees Occupational Illness Compensation Program Act, $51,900,000, to 

remain available until expended: Provided, That the Secretary of 

Labor may require that any person filing a claim for benefits 

under the Act provide as part of such claim, such identifying 

information (including Social Security account number) as may 

be prescribed. 

BLACK LUNG DISABILITY TRUST FUND

(INCLUDING TRANSFER OF FUNDS)

In fiscal year 2010, such sums as may be necessary from 

the Black Lung Disability Trust Fund (‘‘Fund’’), to remain available 

until expended, for payment of all benefits authorized by section 

9501(d)(1), (2), (4), and (7) of the Internal Revenue Code of 1986; 

and interest on advances, as authorized by section 9501(c)(2) of 

that Act. In addition, the following amounts may be expended 

from the Fund for fiscal year 2010 for expenses of operation and 

administration of the Black Lung Benefits program, as authorized 

by section 9501(d)(5): not to exceed $32,720,000 for transfer to 

the Employment Standards Administration ‘‘Salaries and 

Expenses’’; not to exceed $25,091,000 for transfer to Departmental 

Management, ‘‘Salaries and Expenses’’; not to exceed $327,000 for 

transfer to Departmental Management, ‘‘Office of Inspector General’’; and not to exceed $356,000 for payments into miscellaneous 

receipts for the expenses of the Department of the Treasury. 

OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION

SALARIES AND EXPENSES

For necessary expenses for the Occupational Safety and Health 

Administration, $558,620,000, including not to exceed $104,393,000 

which shall be the maximum amount available for grants to States 

under section 23(g) of the Occupational Safety and Health Act 

(‘‘Act’’), which grants shall be no less than 50 percent of the costs 

of State occupational safety and health programs required to be 

incurred under plans approved by the Secretary of Labor under 

section 18 of the Act; and, in addition, notwithstanding 31 U.S.C. 

3302, the Occupational Safety and Health Administration may 

retain up to $200,000 per fiscal year of training institute course 

tuition fees, otherwise authorized by law to be collected, and may 

utilize such sums for occupational safety and health training and 

education: Provided, That notwithstanding 31 U.S.C. 3302, the Secretary is authorized, during the fiscal year ending September 30, 

2010, to collect and retain fees for services provided to Nationally 

Recognized Testing Laboratories, and may utilize such sums, in 

accordance with the provisions of 29 U.S.C. 9a, to administer 

national and international laboratory recognition programs that 

ensure the safety of equipment and products used by workers 

in the workplace: Provided further, That none of the funds appropriated under this paragraph shall be obligated or expended to 

prescribe, issue, administer, or enforce any standard, rule, regulation, or order under the Act which is applicable to any person 

Farms and 

farming. 

Fees. 

26 USC 9501 

note. 


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123 STAT. 3234 PUBLIC LAW 111–117—DEC. 16, 2009 

who is engaged in a farming operation which does not maintain 

a temporary labor camp and employs 10 or fewer employees: Provided further, That no funds appropriated under this paragraph 

shall be obligated or expended to administer or enforce any 

standard, rule, regulation, or order under the Act with respect 

to any employer of 10 or fewer employees who is included within 

a category having a Days Away, Restricted, or Transferred (DART) 

occupational injury and illness rate, at the most precise industrial 

classification code for which such data are published, less than 

the national average rate as such rates are most recently published 

by the Secretary, acting through the Bureau of Labor Statistics, 

in accordance with section 24 of the Act, except— 

(1) to provide, as authorized by the Act, consultation, technical assistance, educational and training services, and to conduct surveys and studies; 

(2) to conduct an inspection or investigation in response 

to an employee complaint, to issue a citation for violations 

found during such inspection, and to assess a penalty for violations which are not corrected within a reasonable abatement 

period and for any willful violations found; 

(3) to take any action authorized by the Act with respect 

to imminent dangers; 

(4) to take any action authorized by the Act with respect 

to health hazards; 

(5) to take any action authorized by the Act with respect 

to a report of an employment accident which is fatal to one 

or more employees or which results in hospitalization of two 

or more employees, and to take any action pursuant to such 

investigation authorized by the Act; and 

(6) to take any action authorized by the Act with respect 

to complaints of discrimination against employees for exercising 

rights under the Act: 

Provided further, That the foregoing proviso shall not apply to 

any person who is engaged in a farming operation which does 

not maintain a temporary labor camp and employs 10 or fewer 

employees: Provided further, That $10,750,000 shall be available 

for Susan Harwood training grants. 

MINE SAFETY AND HEALTH ADMINISTRATION

SALARIES AND EXPENSES

For necessary expenses for the Mine Safety and Health 

Administration, $357,293,000, including purchase and bestowal of 

certificates and trophies in connection with mine rescue and firstaid work, and the hire of passenger motor vehicles, including up 

to $2,000,000 for mine rescue and recovery activities, and $1,450,000 

to continue the project with the United Mine Workers of America, 

for classroom and simulated rescue training for mine rescue teams; 

in addition, not to exceed $750,000 may be collected by the National 

Mine Health and Safety Academy for room, board, tuition, and 

the sale of training materials, otherwise authorized by law to be 

collected, to be available for mine safety and health education 

and training activities, notwithstanding 31 U.S.C. 3302; and, in 

addition, the Mine Safety and Health Administration may retain 

up to $1,000,000 from fees collected for the approval and certification of equipment, materials, and explosives for use in mines, 

Farms and 

farming. 

Small businesses. 


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PUBLIC LAW 111–117—DEC. 16, 2009 123 STAT. 3235 

and may utilize such sums for such activities; the Secretary of 

Labor is authorized to accept lands, buildings, equipment, and 

other contributions from public and private sources and to prosecute 

projects in cooperation with other agencies, Federal, State, or private; the Mine Safety and Health Administration is authorized 

to promote health and safety education and training in the mining 

community through cooperative programs with States, industry, 

and safety associations; the Secretary is authorized to recognize 

the Joseph A. Holmes Safety Association as a principal safety 

association and, notwithstanding any other provision of law, may 

provide funds and, with or without reimbursement, personnel, 

including service of Mine Safety and Health Administration officials 

as officers in local chapters or in the national organization; and 

any funds available to the Department of Labor may be used, 

with the approval of the Secretary, to provide for the costs of 

mine rescue and survival operations in the event of a major disaster. 

BUREAU OF LABOR STATISTICS

SALARIES AND EXPENSES

For necessary expenses for the Bureau of Labor Statistics, 

including advances or reimbursements to State, Federal, and local 

agencies and their employees for services rendered, $533,183,000, 

together with not to exceed $78,264,000, which may be expended 

from the Employment Security Administration Account in the 

Unemployment Trust Fund, of which $1,500,000 may be used to 

fund the mass layoff statistics program under section 15 of the 

Wagner-Peyser Act: Provided, That the Current Employment 

Survey shall maintain the content of the survey issued prior to 

June 2005 with respect to the collection of data for the women 

worker series. 

OFFICE OF DISABILITY EMPLOYMENT POLICY

SALARIES AND EXPENSES

For necessary expenses for the Office of Disability Employment 

Policy to provide leadership, develop policy and initiatives, and 

award grants furthering the objective of eliminating barriers to 

the training and employment of people with disabilities, 

$39,031,000. 

DEPARTMENTAL MANAGEMENT

SALARIES AND EXPENSES

(INCLUDING TRANSFER OF FUNDS)

For necessary expenses for Departmental Management, 

including the hire of three sedans, $354,827,000, together with 

not to exceed $327,000, which may be expended from the Employment Security Administration Account in the Unemployment Trust 

Fund: Provided, That $66,500,000 for the Bureau of International 

Labor Affairs shall be available for obligation through December 

31, 2010: Provided further, That funds available to the Bureau 

of International Labor Affairs may be used to administer or operate 

international labor activities, bilateral and multilateral technical 

Survey. 

30 USC 962. 


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123 STAT. 3236 PUBLIC LAW 111–117—DEC. 16, 2009 

assistance, and microfinance programs, by or through contracts, 

grants, subgrants and other arrangements: Provided further, That 

$40,000,000 shall be for the United States’ contribution to the 

International Labour Organization’s International Program on the 

Elimination of Child Labor: Provided further, That not less than 

$6,500,000 shall be used to implement model programs that address 

worker rights issues through technical assistance in countries with 

which the United States has trade preference programs: Provided 

further, That funds available for the acquisition of Departmental 

information technology, architecture, infrastructure, equipment, 

software and related needs, may be allocated to agencies of the 

Department by the Department’s Chief Information Officer: Provided further, That funds available for program evaluation may 

be transferred to any other appropriate account in the Department 

for such purpose. 

OFFICE OF JOB CORPS

To carry out subtitle C of title I of the Workforce Investment 

Act of 1998, including Federal administrative expenses, the purchase and hire of passenger motor vehicles, the construction, alteration and repairs of buildings and other facilities, and the purchase 

of real property for training centers as authorized by the Workforce 

Investment Act; $1,708,205,000, plus reimbursements, as follows: 

(1) $1,574,015,000 for Job Corps Operations, of which 

$983,015,000 shall be available for obligation for the period 

July 1, 2010 through June 30, 2011 and of which $591,000,000 

shall be available for obligation for the period October 1, 2010 

through June 30, 2011; 

(2) $105,000,000 for construction, rehabilitation and 

acquisition of Job Corps Centers, of which $5,000,000 shall 

be available for the period July 1, 2010 through June 30, 

2013 and $100,000,000 shall be available for the period October 

1, 2010 through June 30, 2013; and 

(3) $29,190,000 for necessary expenses of the Office of 

Job Corps shall be available for obligation for the period October 

1, 2009 through September 30, 2010: 

Provided, That the Office of Job Corps shall have contracting 

authority: Provided further, That no funds from any other appropriation shall be used to provide meal services at or for Job Corps 

centers. 

VETERANS EMPLOYMENT AND TRAINING

Not to exceed $210,156,000 may be derived from the Employment Security Administration Account in the Unemployment Trust 

Fund to carry out the provisions of 38 U.S.C. 4100–4113, 4211– 

4215, and 4321–4327, and Public Law 103–353, and which shall 

be available for obligation by the States through December 31, 

2010, of which $2,449,000 is for the National Veterans’ Employment 

and Training Services Institute. 

In addition, to carry out Department of Labor programs under 

section 5(a)(1) of the Homeless Veterans Comprehensive Assistance 

Act of 2001 and the Veterans Workforce Investment Programs 

under section 168 of the Workforce Investment Act, $45,971,000, 

of which $9,641,000 shall be available for obligation for the period 

July 1, 2010 through June 30, 2011. 

Contracts. 


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PUBLIC LAW 111–117—DEC. 16, 2009 123 STAT. 3237 

OFFICE OF INSPECTOR GENERAL

For salaries and expenses of the Office of Inspector General 

in carrying out the provisions of the Inspector General Act of 

1978, $78,093,000, together with not to exceed $5,921,000, which 

may be expended from the Employment Security Administration 

Account in the Unemployment Trust Fund. 

GENERAL PROVISIONS

SEC. 101. None of the funds appropriated in this Act for the 

Job Corps shall be used to pay the salary of an individual, either 

as direct costs or any proration as an indirect cost, at a rate 

in excess of Executive Level I. 

(TRANSFER OF FUNDS)

SEC. 102. Not to exceed 1 percent of any discretionary funds 

(pursuant to the Balanced Budget and Emergency Deficit Control 

Act of 1985) which are appropriated for the current fiscal year 

for the Department of Labor in this Act may be transferred between 

a program, project, or activity, but no such program, project, or 

activity shall be increased by more than 3 percent by any such 

transfer: Provided, That the transfer authority granted by this 

section shall be available only to meet emergency needs and shall 

not be used to create any new program or to fund any project 

or activity for which no funds are provided in this Act: Provided 

further, That the Committees on Appropriations of the House of 

Representatives and the Senate are notified at least 15 days in 

advance of any transfer. 

SEC. 103. In accordance with Executive Order No. 13126, none 

of the funds appropriated or otherwise made available pursuant 

to this Act shall be obligated or expended for the procurement 

of goods mined, produced, manufactured, or harvested or services 

rendered, whole or in part, by forced or indentured child labor 

in industries and host countries already identified by the United 

States Department of Labor prior to enactment of this Act. 

SEC. 104. None of the funds appropriated in this title for 

grants under section 171 of the Workforce Investment Act of 1998 

may be obligated prior to the preparation and submission of a 

report by the Secretary of Labor to the Committees on Appropriations of the House of Representatives and the Senate detailing 

the planned uses of such funds. 

SEC. 105. None of the funds made available to the Department 

of Labor for grants under section 414(c) of the American Competitiveness and Workforce Improvement Act of 1998 may be used 

for any purpose other than training in the occupations and industries for which employers are using H–1B visas to hire foreign 

workers, and the related activities necessary to support such 

training: Provided, That the preceding limitation shall not apply 

to multi-year grants awarded prior to June 30, 2007. 

SEC. 106. None of the funds available in this Act or available 

to the Secretary of Labor from other sources for grants under 

the Career Pathways Innovation Fund and grants authorized under 

section 414(c) of the American Competitiveness and Workforce 

Improvement Act of 1998 shall be obligated for a grant awarded 

on a non-competitive basis. 

Reports. 

Child labor. 

Notification. 

Deadline. 


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123 STAT. 3238 PUBLIC LAW 111–117—DEC. 16, 2009 

SEC. 107. None of the funds appropriated in this Act under 

the heading ‘‘Employment and Training Administration’’ shall be 

used by a recipient or subrecipient of such funds to pay the salary 

and bonuses of an individual, either as direct costs or indirect 

costs, at a rate in excess of Executive Level II. This limitation 

shall not apply to vendors providing goods and services as defined 

in Office of Management and Budget Circular A–133. Where States 

are recipients of such funds, States may establish a lower limit 

for salaries and bonuses of those receiving salaries and bonuses 

from subrecipients of such funds, taking into account factors 

including the relative cost-of-living in the State, the compensation 

levels for comparable State or local government employees, and 

the size of the organizations that administer Federal programs 

involved including Employment and Training Administration programs. 

(INCLUDING TRANSFER OF FUNDS)

SEC. 108. The Secretary of Labor shall submit to the Committees on Appropriations of the House of Representatives and the 

Senate a plan for the transfer of the administration of the Job 

Corps program authorized under title I–C of the Workforce Investment Act of 1998 from the Office of the Secretary to the Employment 

and Training Administration. As of the date that is 30 days after 

the date of submission of such plan, the Secretary may transfer 

the administration and appropriated funds of the program from 

the Office of the Secretary and the provisions of section 102 of 

Public Law 109–149 shall no longer be applicable. 

SEC. 109. The Secretary of Labor shall take no action to amend, 

through regulatory or administration action, the definition established in section 667.220 of title 20 of the Code of Federal Regulations for functions and activities under title I of the Workforce 

Investment Act of 1998, or to modify, through regulatory or administrative action, the procedure for redesignation of local areas as 

specified in subtitle B of title I of that Act (including applying 

the standards specified in section 116(a)(3)(B) of that Act, but 

notwithstanding the time limits specified in section 116(a)(3)(B) 

of that Act), until such time as legislation reauthorizing the Act 

is enacted. Nothing in the preceding sentence shall permit or require 

the Secretary to withdraw approval for such redesignation from 

a State that received the approval not later than October 12, 

2005, or to revise action taken or modify the redesignation procedure 

being used by the Secretary in order to complete such redesignation 

for a State that initiated the process of such redesignation by 

submitting any request for such redesignation not later than 

October 26, 2005. 

This title may be cited as the ‘‘Department of Labor Appropriations Act, 2010’’. 

Effective date. 

Transfer plan. 

29 USC 2883b. 


ccoleman on DSK8P6SHH1 with PUBLIC LAWS
PUBLIC LAW 111–117—DEC. 16, 2009 123 STAT. 3239 

TITLE II 

DEPARTMENT OF HEALTH AND HUMAN SERVICES 

HEALTH RESOURCES AND SERVICES ADMINISTRATION

HEALTH RESOURCES AND SERVICES

For carrying out titles II, III, IV, VII, VIII, X, XI, XII, XIX, 

and XXVI of the Public Health Service Act (‘‘PHS Act’’), section 

427(a) of the Federal Coal Mine Health and Safety Act, title V 

and sections 711, 1128E, and 1820 of the Social Security Act, 

the Health Care Quality Improvement Act of 1986, the Native 

Hawaiian Health Care Act of 1988, the Cardiac Arrest Survival 

Act of 2000, section 712 of the American Jobs Creation Act of 

2004, and the Stem Cell Therapeutic and Research Act of 2005, 

$7,473,522,000, of which $41,200,000 from general revenues, notwithstanding section 1820(j) of the Social Security Act, shall be 

available for carrying out the Medicare rural hospital flexibility 

grants program under such section: Provided, That of the funds 

made available under this heading, $1,000,000 shall be to carry 

out section 1820(g)(6) of the Social Security Act: Provided further, That amounts provided for such grants shall be available for the 

purchase and implementation of telehealth services, including pilots 

and demonstrations on the use of electronic health records to coordinate rural veterans care between rural providers and the Department of Veterans Affairs through the use of the VISTA-Electronic 

Health Record: Provided further, That of the funds made available 

under this heading, $129,000 shall be available until expended 

for facilities renovations at the Gillis W. Long Hansen’s Disease 

Center: Provided further, That in addition to fees authorized by 

section 427(b) of the Health Care Quality Improvement Act of 

1986, fees shall be collected for the full disclosure of information 

under the Act sufficient to recover the full costs of operating the 

National Practitioner Data Bank, and shall remain available until 

expended to carry out that Act: Provided further, That fees collected 

for the full disclosure of information under the ‘‘Health Care Fraud 

and Abuse Data Collection Program’’, authorized by section 

1128E(d)(2) of the Social Security Act, shall be sufficient to recover 

the full costs of operating the program, and shall remain available 

until expended to carry out that Act: Provided further, That no 

more than $40,000 shall be available until expended for carrying 

out the provisions of section 224(o) of the PHS Act including associated administrative expenses and relevant evaluations: Provided 

further, That no more than $44,055,000 shall be available until 

expended for carrying out the provisions of Public Law 104–73 

and for expenses incurred by the Department of Health and Human 

Services (‘‘HHS’’) pertaining to administrative claims made under 

such law: Provided further, That of the funds made available under 

this heading, $317,491,000 shall be for the program under title 

X of the PHS Act to provide for voluntary family planning projects: 

Provided further, That amounts provided to said projects under 

such title shall not be expended for abortions, that all pregnancy 

counseling shall be nondirective, and that such amounts shall not 

be expended for any activity (including the publication or distribution of literature) that in any way tends to promote public support 

or opposition to any legislative proposal or candidate for public 

Abortions. 

Political 

activities. 

Department of 

Health and 

Human Services 

Appropriations 

Act, 2010. 


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123 STAT. 3240 PUBLIC LAW 111–117—DEC. 16, 2009 

office: Provided further, That of the funds available under this 

heading, $1,932,865,000 shall remain available to the Secretary 

of HHS through September 30, 2012, for parts A and B of title 

XXVI of the PHS Act: Provided further, That within the amounts 

provided for part A of title XXVI of the PHS Act, $6,021,000 

shall be available to the Secretary through September 30, 2012, 

and shall be available to qualifying jurisdictions, within 30 days 

of enactment, for increasing supplemental grants for fiscal year 

2010 to metropolitan and transitional areas that received grant 

funding in fiscal year 2009 under subparts I and II of part A 

of title XXVI of the PHS Act to ensure that an area’s total funding 

under subparts I and II of part A for fiscal year 2009, together 

with the amount of this additional funding, is not less than 92.4 

percent of the amount of such area’s total funding under part 

A for fiscal year 2006: Provided further, That notwithstanding section 2603(c)(1) of the PHS Act, the additional funding to areas 

under the immediately preceding proviso, which may be used for 

costs incurred during fiscal year 2009, shall be available to the 

area for obligation from the date of the award through the end 

of the grant year for the award: Provided further, That $835,000,000 

shall be for State AIDS Drug Assistance Programs authorized by 

section 2616 of the PHS Act: Provided further, That in addition 

to amounts provided herein, $25,000,000 shall be available from 

amounts available under section 241 of the PHS Act to carry out 

parts A, B, C, and D of title XXVI of the PHS Act to fund section 

2691 Special Projects of National Significance: Provided further, 

That notwithstanding sections 502(a)(1) and 502(b)(1) of the Social 

Security Act, not to exceed $92,551,000 shall be available for carrying out special projects of regional and national significance 

pursuant to section 501(a)(2) of such Act and $10,400,000 shall 

be available for projects described in paragraphs (A) through (F) 

of section 501(a)(3) of such Act: Provided further, That notwithstanding section 747(e)(2) of the PHS Act, not less than $29,025,000 

shall be for family medicine programs, not less than $7,575,000 

shall be for general dentistry programs, and not less than 

$7,575,000 shall be for pediatric dentistry programs including faculty loan repayments for service as a full-time faculty member 

in dentistry: Provided further, That dentistry faculty loan repayments shall be made using the same terms and conditions as 

the Nursing Faculty Loan Repayment program authorized under 

section 738 of the PHS Act unless otherwise authorized: Provided 

further, That of the funds provided, $10,000,000 shall be provided 

to the Denali Commission as a direct lump payment pursuant 

to Public Law 106–113: Provided further, That of the funds provided, 

$35,000,000 shall be provided for the Delta Health Initiative as 

authorized in section 219 of division G of Public Law 110–161 

and associated administrative expenses: Provided further, That 

funds provided under section 846 and subpart 3 of part D of title 

III of the PHS Act may be used to make prior year adjustments 

to awards made under these sections: Provided further, That notwithstanding section 340A(d)(3)(B) of the PHS Act, $5,000,000 shall 

be available for 3 year grant periods under the Patient Navigator 

Act: Provided further, That of the amount appropriated in this 

paragraph, $338,002,000 shall be used for the projects financing 

the construction and renovation (including equipment) of health 

care and other facilities and for other health-related activities, 

and in the amounts, specified under the heading ‘‘Health Resources 

Deadline. 

Grants. 

Urban and rural 

areas. 


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PUBLIC LAW 111–117—DEC. 16, 2009 123 STAT. 3241 

and Services’’ in the statement of the managers on the conference 

report accompanying this Act, and of which up to one percent 

of the amount for each project may be used for related agency 

administrative expenses: Provided further, That notwithstanding section 338J(k) of the PHS Act, $10,075,000 shall be available 

for State Offices of Rural Health: Provided further, That of the 

funds provided, $15,000,000 shall be available for the Small Rural 

Hospital Improvement Grant Program for quality improvement and 

adoption of health information technology: Provided further, That 

$75,000,000 shall be available for State Health Access Grants to 

expand access to affordable health care coverage for the uninsured 

populations in such States. 

HEALTH EDUCATION ASSISTANCE LOANS PROGRAM ACCOUNT

Such sums as may be necessary to carry out the purpose 

of the program, as authorized by title VII of the Public Health 

Service Act (‘‘PHS Act’’). For administrative expenses to carry out 

the guaranteed loan program, including section 709 of the PHS 

Act, $2,847,000. 

VACCINE INJURY COMPENSATION PROGRAM TRUST FUND

For payments from the Vaccine Injury Compensation Program 

Trust Fund (‘‘Trust Fund’’), such sums as may be necessary for 

claims associated with vaccine-related injury or death with respect 

to vaccines administered after September 30, 1988, pursuant to 

subtitle 2 of title XXI of the Public Health Service Act, to remain 

available until expended: Provided, That for necessary administrative expenses, not to exceed $6,502,000 shall be available from 

the Trust Fund to the Secretary of Health and Human Services. 

CENTERS FOR DISEASE CONTROL AND PREVENTION

DISEASE CONTROL, RESEARCH, AND TRAINING

To carry out titles II, III, VII, XI, XV, XVII, XIX, XXI, and 

XXVI of the Public Health Service Act (‘‘PHS Act’’), sections 101, 

102, 103, 201, 202, 203, 301, 501, and 514 of the Federal Mine 

Safety and Health Act of 1977, section 13 of the Mine Improvement 

and New Emergency Response Act of 2006, sections 20, 21, and 

22 of the Occupational Safety and Health Act of 1970, title IV 

of the Immigration and Nationality Act, section 501 of the Refugee 

Education Assistance Act of 1980, and for expenses necessary to 

support activities related to countering potential biological, nuclear, 

radiological, and chemical threats to civilian populations; including 

purchase and insurance of official motor vehicles in foreign countries; and purchase, hire, maintenance, and operation of aircraft, 

$6,390,387,000, of which $69,150,000 shall remain available until 

expended for acquisition of real property, equipment, construction 

and renovation of facilities; of which $595,749,000 shall remain 

available until expended for the Strategic National Stockpile under 

section 319F–2 of the PHS Act; of which $20,620,000 shall be 

used for the projects, and in the amounts, specified under the 

heading ‘‘Disease Control, Research, and Training’’ in the statement 

of the managers on the conference report accompanying this Act; 

of which $118,979,000 for international HIV/AIDS shall remain 

available through September 30, 2011; and of which $70,723,000 


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123 STAT. 3242 PUBLIC LAW 111–117—DEC. 16, 2009 

shall be available until expended to provide screening and treatment 

for first response emergency services personnel, residents, students, 

and others related to the September 11, 2001 terrorist attacks 

on the World Trade Center: Provided, That in addition, such sums 

as may be derived from authorized user fees, which shall be credited 

to this account: Provided further, That with respect to the previous 

proviso, authorized user fees from the Vessel Sanitation Program 

shall be available through September 30, 2011: Provided further, 

That in addition to amounts provided herein, the following amounts 

shall be available from amounts available under section 241 of 

the PHS Act: (1) $12,864,000 to carry out the National Immunization Surveys; (2) $138,683,000 to carry out the National Center 

for Health Statistics surveys; (3) $30,880,000 for Public Health 

Informatics; (4) $47,036,000 for Health Marketing; (5) $31,170,000 

to carry out Public Health Research; and (6) $91,724,000 to carry 

out research activities within the National Occupational Research 

Agenda: Provided further, That none of the funds made available 

for injury prevention and control at the Centers for Disease Control 

and Prevention may be used, in whole or in part, to advocate 

or promote gun control: Provided further, That of the funds made 

available under this heading, up to $1,000 per eligible employee 

of the Centers for Disease Control and Prevention shall be made 

available until expended for Individual Learning Accounts: Provided 

further, That the Director may redirect the total amount made 

available under authority of Public Law 101–502, section 3, dated 

November 3, 1990, to activities the Director may so designate: 

Provided further, That the Committees on Appropriations of the 

House of Representatives and the Senate are to be notified promptly 

of any such redirection: Provided further, That not to exceed 

$20,787,000 may be available for making grants under section 

1509 of the PHS Act to not less than 21 States, tribes, or tribal 

organizations: Provided further, That notwithstanding any other 

provision of law, the Centers for Disease Control and Prevention 

shall award a single contract or related contracts for development 

and construction of the next building or facility designated in the 

Buildings and Facilities Master Plan that collectively include the 

full scope of the project: Provided further, That the solicitation 

and contract shall contain the clause ‘‘availability of funds’’ found 

at 48 CFR 52.232–18: Provided further, That of the funds appropriated, $10,000 shall be for official reception and representation 

expenses when specifically approved by the Director of the Centers 

for Disease Control and Prevention: Provided further, That 

employees of the Centers for Disease Control and Prevention or 

the Public Health Service, both civilian and Commissioned Officers, 

detailed to States, municipalities, or other organizations under 

authority of section 214 of the PHS Act, or in overseas assignments, 

shall be treated as non-Federal employees for reporting purposes 

only and shall not be included within any personnel ceiling 

applicable to the Agency, Service, or the Department of Health 

and Human Services during the period of detail or assignment. 

In addition, for necessary expenses to administer the Energy 

Employees Occupational Illness Compensation Program Act, 

$55,358,000, to remain available until expended, of which 

$4,500,000 shall be for use by or in support of the Advisory Board 

on Radiation and Worker Health (‘‘the Board’’) to carry out its 

statutory responsibilities, including obtaining audits, technical 

assistance, and other support from the Board’s audit contractor 

Contracts. 

Notification. 

Gun control. 


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PUBLIC LAW 111–117—DEC. 16, 2009 123 STAT. 3243 

with regard to radiation dose estimation and reconstruction efforts, 

site profiles, procedures, and review of Special Exposure Cohort 

petitions and evaluation reports: Provided, That this amount shall 

be available consistent with the provision regarding administrative 

expenses in section 151(b) of division B, title I of Public Law 

106–554. 

NATIONAL INSTITUTES OF HEALTH

NATIONAL CANCER INSTITUTE

For carrying out section 301 and title IV of the Public Health 

Service Act with respect to cancer, $5,103,388,000, of which up 

to $8,000,000 may be used for facilities repairs and improvements 

at the National Cancer Institute-Frederick Federally Funded 

Research and Development Center in Frederick, Maryland. 

NATIONAL HEART, LUNG, AND BLOOD INSTITUTE

For carrying out section 301 and title IV of the Public Health 

Service Act with respect to cardiovascular, lung, and blood diseases, 

and blood and blood products, $3,096,916,000. 

NATIONAL INSTITUTE OF DENTAL AND CRANIOFACIAL RESEARCH

For carrying out section 301 and title IV of the Public Health 

Service Act with respect to dental disease, $413,236,000. 

NATIONAL INSTITUTE OF DIABETES AND DIGESTIVE AND KIDNEY

DISEASES

For carrying out section 301 and title IV of the Public Health 

Service Act with respect to diabetes and digestive and kidney disease, $1,808,100,000. 

NATIONAL INSTITUTE OF NEUROLOGICAL DISORDERS AND STROKE

For carrying out section 301 and title IV of the Public Health 

Service Act with respect to neurological disorders and stroke, 

$1,636,371,000. 

NATIONAL INSTITUTE OF ALLERGY AND INFECTIOUS DISEASES

(INCLUDING TRANSFER OF FUNDS)

For carrying out section 301 and title IV of the Public Health 

Service Act with respect to allergy and infectious diseases, 

$4,818,275,000, of which $304,000,000 shall be derived by transfer 

from funds appropriated under the heading ‘‘Biodefense Countermeasures’’ in the Department of Homeland Security Appropriations 

Act, 2004: Provided, That $300,000,000 may be made available 

to International Assistance Programs ‘‘Global Fund to Fight HIV/ 

AIDS, Malaria, and Tuberculosis’’, to remain available until 

expended. 

NATIONAL INSTITUTE OF GENERAL MEDICAL SCIENCES

For carrying out section 301 and title IV of the Public Health 

Service Act with respect to general medical sciences, $2,051,798,000. 


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123 STAT. 3244 PUBLIC LAW 111–117—DEC. 16, 2009 

EUNICE KENNEDY SHRIVER NATIONAL INSTITUTE OF CHILD HEALTH

AND HUMAN DEVELOPMENT

For carrying out section 301 and title IV of the Public Health 

Service Act with respect to child health and human development, 

$1,329,528,000. 

NATIONAL EYE INSTITUTE

For carrying out section 301 and title IV of the Public Health 

Service Act with respect to eye diseases and visual disorders, 

$707,036,000. 

NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH SCIENCES

For carrying out section 301 and title IV of the Public Health 

Service Act with respect to environmental health sciences, 

$689,781,000. 

NATIONAL INSTITUTE ON AGING

For carrying out section 301 and title IV of the Public Health 

Service Act with respect to aging, $1,110,229,000. 

NATIONAL INSTITUTE OF ARTHRITIS AND MUSCULOSKELETAL AND SKIN

DISEASES

For carrying out section 301 and title IV of the Public Health 

Service Act with respect to arthritis and musculoskeletal and skin 

diseases, $539,082,000. 

NATIONAL INSTITUTE ON DEAFNESS AND OTHER COMMUNICATION

DISORDERS

For carrying out section 301 and title IV of the Public Health 

Service Act with respect to deafness and other communication disorders, $418,833,000. 

NATIONAL INSTITUTE OF NURSING RESEARCH

For carrying out section 301 and title IV of the Public Health 

Service Act with respect to nursing research, $145,660,000. 

NATIONAL INSTITUTE ON ALCOHOL ABUSE AND ALCOHOLISM

For carrying out section 301 and title IV of the Public Health 

Service Act with respect to alcohol abuse and alcoholism, 

$462,346,000. 

NATIONAL INSTITUTE ON DRUG ABUSE

For carrying out section 301 and title IV of the Public Health Service Act with respect to drug abuse, $1,059,848,000. 

NATIONAL INSTITUTE OF MENTAL HEALTH

For carrying out section 301 and title IV of the Public Health 

Service Act with respect to mental health, $1,489,372,000. 


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PUBLIC LAW 111–117—DEC. 16, 2009 123 STAT. 3245 

NATIONAL HUMAN GENOME RESEARCH INSTITUTE

For carrying out section 301 and title IV of the Public Health 

Service Act with respect to human genome research, $516,028,000. 

NATIONAL INSTITUTE OF BIOMEDICAL IMAGING AND BIOENGINEERING

For carrying out section 301 and title IV of the Public Health 

Service Act with respect to biomedical imaging and bioengineering 

research, $316,582,000. 

NATIONAL CENTER FOR RESEARCH RESOURCES

For carrying out section 301 and title IV of the Public Health 

Service Act with respect to research resources and general research 

support grants, $1,268,896,000. 

NATIONAL CENTER FOR COMPLEMENTARY AND ALTERNATIVE

MEDICINE

For carrying out section 301 and title IV of the Public Health 

Service Act with respect to complementary and alternative medicine, $128,844,000. 

NATIONAL CENTER ON MINORITY HEALTH AND HEALTH DISPARITIES

For carrying out section 301 and title IV of the Public Health 

Service Act with respect to minority health and health disparities 

research, $211,572,000. 

JOHN E. FOGARTY INTERNATIONAL CENTER

For carrying out the activities of the John E. Fogarty International Center (described in subpart 2 of part E of title IV of 

the Public Health Service Act), $70,051,000. 

NATIONAL LIBRARY OF MEDICINE

For carrying out section 301 and title IV of the Public Health 

Service Act (‘‘PHS Act’’) with respect to health information communications, $339,716,000, of which $4,000,000 shall be available until 

expended for improvement of information systems: Provided, That 

in fiscal year 2010, the National Library of Medicine may enter 

into personal services contracts for the provision of services in 

facilities owned, operated, or constructed under the jurisdiction 

of the National Institutes of Health: Provided further, That in 

addition to amounts provided herein, $8,200,000 shall be available 

from amounts available under section 241 of the PHS Act to carry 

out the purposes of the National Information Center on Health 

Services Research and Health Care Technology established under 

section 478A of the PHS Act and related health services. 

OFFICE OF THE DIRECTOR

For carrying out the responsibilities of the Office of the Director, 

National Institutes of Health (‘‘NIH’’), $1,177,300,000, of which 

up to $25,000,000 shall be used to carry out section 214 of this 

Act: Provided, That funding shall be available for the purchase 

of not to exceed 29 passenger motor vehicles for replacement only: 


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123 STAT. 3246 PUBLIC LAW 111–117—DEC. 16, 2009 

Provided further, That the NIH is authorized to collect third party 

payments for the cost of clinical services that are incurred in 

NIH research facilities and that such payments shall be credited 

to the NIH Management Fund: Provided further, That all funds 

credited to such Fund shall remain available for one fiscal year 

after the fiscal year in which they are deposited: Provided further, That up to $193,880,000 shall be available for continuation of 

the National Children’s Study: Provided further, That $544,109,000 

shall be available for the Common Fund established under section 

402A(c)(1) of the Public Health Service Act (‘‘PHS Act’’): Provided 

further, That of the funds provided $10,000 shall be for official 

reception and representation expenses when specifically approved 

by the Director of the NIH: Provided further, That the Office of 

AIDS Research within the Office of the Director of the NIH may 

spend up to $8,000,000 to make grants for construction or renovation of facilities as provided for in section 2354(a)(5)(B) of the 

PHS Act. 

BUILDINGS AND FACILITIES

For the study of, construction of, renovation of, and acquisition 

of equipment for, facilities of or used by the National Institutes 

of Health, including the acquisition of real property, $100,000,000, 

to remain available until expended. 

SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES ADMINISTRATION

SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES

For carrying out titles III, V, and XIX of the Public Health 

Service Act (‘‘PHS Act’’) with respect to substance abuse and mental 

health services and the Protection and Advocacy for Individuals 

with Mental Illness Act, $3,431,624,000, of which $14,518,000 shall 

be used for the projects, and in the amounts, specified under the 

heading ‘‘Substance Abuse and Mental Health Services’’ in the 

statement of the managers on the conference report accompanying 

this Act: Provided, That notwithstanding section 520A(f)(2) of the 

PHS Act, no funds appropriated for carrying out section 520A 

are available for carrying out section 1971 of the PHS Act: Provided 

further, That $795,000 shall be available until expended for 

reimbursing the General Services Administration for environmental 

testing and remediation on the federally owned facilities at St. 

Elizabeths Hospital, including but not limited to testing and remediation conducted prior to fiscal year 2010: Provided further, That 

in addition to amounts provided herein, the following amounts 

shall be available under section 241 of the PHS Act: (1) $79,200,000 

to carry out subpart II of part B of title XIX of the PHS Act 

to fund section 1935(b) technical assistance, national data, data 

collection and evaluation activities, and further that the total available under this Act for section 1935(b) activities shall not exceed 

5 percent of the amounts appropriated for subpart II of part B 

of title XIX; (2) $21,039,000 to carry out subpart I of part B 

of title XIX of the PHS Act to fund section 1920(b) technical assistance, national data, data collection and evaluation activities, and 

further that the total available under this Act for section 1920(b) 

activities shall not exceed 5 percent of the amounts appropriated 

for subpart I of part B of title XIX; (3) $22,750,000 to carry out 

national surveys on drug abuse and mental health; and (4) 


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PUBLIC LAW 111–117—DEC. 16, 2009 123 STAT. 3247 

$8,596,000 to collect and analyze data and evaluate substance abuse 

treatment programs: Provided further, That section 520E(b)(2) of 

the PHS Act shall not apply to funds appropriated under this 

Act for fiscal year 2010. 

AGENCY FOR HEALTHCARE RESEARCH AND QUALITY

HEALTHCARE RESEARCH AND QUALITY

For carrying out titles III and IX of the Public Health Service 

Act (‘‘PHS Act’’), part A of title XI of the Social Security Act, 

and section 1013 of the Medicare Prescription Drug, Improvement, 

and Modernization Act of 2003, amounts received from Freedom 

of Information Act fees, reimbursable and interagency agreements, 

and the sale of data shall be credited to this appropriation and 

shall remain available until expended: Provided, That the amount 

made available pursuant to section 937(c) of the PHS Act shall 

not exceed $397,053,000. 

CENTERS FOR MEDICARE AND MEDICAID SERVICES

GRANTS TO STATES FOR MEDICAID

For carrying out, except as otherwise provided, titles XI and 

XIX of the Social Security Act, $220,962,473,000, to remain available until expended. 

For making, after May 31, 2010, payments to States under 

title XIX of the Social Security Act for the last quarter of fiscal 

year 2010 for unanticipated costs, incurred for the current fiscal 

year, such sums as may be necessary. 

For making payments to States or in the case of section 1928 

on behalf of States under title XIX of the Social Security Act 

for the first quarter of fiscal year 2011, $86,789,382,000, to remain 

available until expended. 

Payment under title XIX may be made for any quarter with 

respect to a State plan or plan amendment in effect during such 

quarter, if submitted in or prior to such quarter and approved 

in that or any subsequent quarter. 

PAYMENTS TO HEALTH CARE TRUST FUNDS

For payment to the Federal Hospital Insurance Trust Fund 

and the Federal Supplementary Medical Insurance Trust Fund, 

as provided under sections 217(g), 1844, and 1860D–16 of the Social 

Security Act, sections 103(c) and 111(d) of the Social Security 

Amendments of 1965, section 278(d) of Public Law 97–248, and 

for administrative expenses incurred pursuant to section 201(g) 

of the Social Security Act, $207,286,070,000. 

In addition, for making matching payments under section 1844, 

and benefit payments under section 1860D–16 of the Social Security 

Act, not anticipated in budget estimates, such sums as may be 

necessary. 

PROGRAM MANAGEMENT

For carrying out, except as otherwise provided, titles XI, XVIII, 

XIX, and XXI of the Social Security Act, titles XIII and XXVII 

of the Public Health Service Act (‘‘PHS Act’’), and the Clinical 


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123 STAT. 3248 PUBLIC LAW 111–117—DEC. 16, 2009 

Laboratory Improvement Amendments of 1988, not to exceed 

$3,470,242,000, to be transferred from the Federal Hospital Insurance Trust Fund and the Federal Supplementary Medical Insurance 

Trust Fund, as authorized by section 201(g) of the Social Security 

Act; together with all funds collected in accordance with section 

353 of the PHS Act and section 1857(e)(2) of the Social Security 

Act, funds retained by the Secretary of Health and Human Services 

pursuant to section 302 of the Tax Relief and Health Care Act 

of 2006; and such sums as may be collected from authorized user 

fees and the sale of data, which shall be credited to this account 

and remain available until expended: Provided, That all funds 

derived in accordance with 31 U.S.C. 9701 from organizations established under title XIII of the PHS Act shall be credited to and 

available for carrying out the purposes of this appropriation: Provided further, That $35,681,000, to remain available through September 30, 2011, shall be for contract costs for the Healthcare 

Integrated General Ledger Accounting System: Provided further, 

That $65,600,000, to remain available through September 30, 2011, 

shall be for the Centers for Medicare and Medicaid Services (‘‘CMS’’) 

Medicare contracting reform activities: Provided further, That 

$55,000,000 shall be available for the State high risk health insurance pool program as authorized by the State High Risk Pool 

Funding Extension Act of 2006: Provided further, That the Secretary 

is directed to collect fees in fiscal year 2010 from Medicare Advantage organizations pursuant to section 1857(e)(2) of the Social Security Act and from eligible organizations with risk-sharing contracts 

under section 1876 of that Act pursuant to section 1876(k)(4)(D) 

of that Act: Provided further, That $3,100,000 shall be used for 

the projects, and in the amounts, specified under the heading ‘‘Program Management’’ in the statement of the managers on the conference report accompanying this Act. 

HEALTH CARE FRAUD AND ABUSE CONTROL ACCOUNT

In addition to amounts otherwise available for program integ- rity and program management, $311,000,000, to remain available 

through September 30, 2011, to be transferred from the Federal 

Hospital Insurance Trust Fund and the Federal Supplementary 

Medical Insurance Trust Fund, as authorized by section 201(g) 

of the Social Security Act, of which $220,320,000 shall be for the 

Medicare Integrity Program at the Centers for Medicare and Medicaid Services, including administrative costs, to conduct oversight 

activities for Medicare Advantage and the Medicare Prescription 

Drug Program authorized in title XVIII of the Social Security Act 

and for activities listed in section 1893 of such Act; of which 

$29,790,000 shall be for the Department of Health and Human 

Services Office of Inspector General to carry out fraud and abuse 

activities authorized by section 1817(k)(3) of such Act; of which 

$31,100,000 shall be for the Medicaid and Children’s Health Insurance Program (‘‘CHIP’’) program integrity activities; and of which 

$29,790,000 shall be for the Department of Justice to carry out 

fraud and abuse activities authorized by section 1817(k)(3) of such 

Act: Provided, That the report required by section 1817(k)(5) of 

the Social Security Act for fiscal year 2010 shall include measures 

of the operational efficiency and impact on fraud, waste, and abuse 

in the Medicare, Medicaid, and CHIP programs for the funds provided by this appropriation. 

Reports. 

Fees. 


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PUBLIC LAW 111–117—DEC. 16, 2009 123 STAT. 3249 

ADMINISTRATION FOR CHILDREN AND FAMILIES

PAYMENTS TO STATES FOR CHILD SUPPORT ENFORCEMENT AND

FAMILY SUPPORT PROGRAMS

For making payments to States or other non-Federal entities 

under titles I, IV–D, X, XI, XIV, and XVI of the Social Security 

Act and the Act of July 5, 1960, $3,571,509,000, to remain available 

until expended; and for such purposes for the first quarter of 

fiscal year 2011, $1,100,000,000, to remain available until expended. 

For making payments to each State for carrying out the program of Aid to Families with Dependent Children under title IV– 

A of the Social Security Act before the effective date of the program 

of Temporary Assistance for Needy Families with respect to such 

State, such sums as may be necessary: Provided, That the sum 

of the amounts available to a State with respect to expenditures 

under such title IV–A in fiscal year 1997 under this appropriation 

and under such title IV–A as amended by the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 shall not 

exceed the limitations under section 116(b) of such Act. 

For making, after May 31 of the current fiscal year, payments 

to States or other non-Federal entities under titles I, IV–D, X, 

XI, XIV, and XVI of the Social Security Act and the Act of July 

5, 1960, for the last 3 months of the current fiscal year for unanticipated costs, incurred for the current fiscal year, such sums as 

may be necessary. 

LOW INCOME HOME ENERGY ASSISTANCE

For making payments under subsections (b), (d), and (e) of 

section 2602 of the Low Income Home Energy Assistance Act of 

1981, $5,100,000,000, of which $4,509,672,000 shall be for payments 

under subsections (b) and (d) of such section; and of which 

$590,328,000 shall be for payments under subsection (e) of such 

section, to be made notwithstanding the designation requirements 

of such subsection: Provided, That all but $839,792,000 of the 

amount provided in this Act for subsections (b) and (d) shall be 

allocated as though the total appropriation for such payments for 

fiscal year 2010 was less than $1,975,000,000: Provided further, That notwithstanding section 2605(b)(2)(B)(ii) of such Act, a State 

may use any amount of an allotment from prior appropriations 

Acts that is available to that State for providing assistance in 

fiscal year 2010, and any allotment from funds appropriated in 

this Act or any other appropriations Act for fiscal year 2010, to 

provide assistance to households whose income does not exceed 

75 percent of the State median income. 

REFUGEE AND ENTRANT ASSISTANCE

For necessary expenses for refugee and entrant assistance 

activities authorized by section 414 of the Immigration and Nationality Act and section 501 of the Refugee Education Assistance 

Act of 1980, for carrying out section 462 of the Homeland Security 

Act of 2002, section 235 of the William Wilberforce Trafficking 

Victims Protection Reauthorization Act of 2008, and the Trafficking 

Victims Protection Act of 2000, for costs associated with the care 

and placement of unaccompanied alien children, and for carrying 

out the Torture Victims Relief Act of 1998, $730,928,000, of which 


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123 STAT. 3250 PUBLIC LAW 111–117—DEC. 16, 2009 

up to $9,814,000 shall be available to carry out the Trafficking 

Victims Protection Act of 2000: Provided, That funds appropriated 

under this heading pursuant to section 414(a) of the Immigration 

and Nationality Act, section 462 of the Homeland Security Act 

of 2002, section 235 of the William Wilberforce Trafficking Victims 

Protection Reauthorization Act of 2008, and the Trafficking Victims 

Protection Act of 2000 for fiscal year 2010 shall be available for 

the costs of assistance provided and other activities to remain 

available through September 30, 2012. 

PAYMENTS TO STATES FOR THE CHILD CARE AND DEVELOPMENT

BLOCK GRANT

For carrying out the Child Care and Development Block Grant 

Act of 1990, $2,127,081,000 shall be used to supplement, not supplant State general revenue funds for child care assistance for 

low-income families: Provided, That $18,960,000 shall be available 

for child care resource and referral and school-aged child care 

activities, of which $1,000,000 shall be for the Child Care Aware 

toll-free hotline: Provided further, That, in addition to the amounts 

required to be reserved by the States under section 658G, 

$271,401,000 shall be reserved by the States for activities authorized under section 658G, of which $99,534,000 shall be for activities 

that improve the quality of infant and toddler care: Provided further, 

That $9,910,000 shall be for use by the Secretary of Health and 

Human Services for child care research, demonstration, and evaluation activities. 

SOCIAL SERVICES BLOCK GRANT

For making grants to States pursuant to section 2002 of the 

Social Security Act, $1,700,000,000: Provided, That notwithstanding 

subparagraph (B) of section 404(d)(2) of such Act, the applicable 

percent specified under such subparagraph for a State to carry 

out State programs pursuant to title XX of such Act shall be 

10 percent. 

CHILDREN AND FAMILIES SERVICES PROGRAMS

(INCLUDING TRANSFER OF FUNDS)

For carrying out, except as otherwise provided, the Runaway 

and Homeless Youth Act, the Developmental Disabilities Assistance 

and Bill of Rights Act, the Head Start Act, the Child Abuse Prevention and Treatment Act, sections 310 and 316 of the Family Violence 

Prevention and Services Act, the Native American Programs Act 

of 1974, title II of the Child Abuse Prevention and Treatment 

and Adoption Reform Act of 1978 (adoption opportunities), sections 

330F and 330G of the Public Health Service Act (‘‘PHS Act’’), 

the Abandoned Infants Assistance Act of 1988, sections 261 and 

291 of the Help America Vote Act of 2002, part B–1 of title IV 

and sections 413, 1110, and 1115 of the Social Security Act; for 

making payments under the Community Services Block Grant Act 

(‘‘CSBG Act’’), sections 439(i), 473B, and 477(i) of the Social Security 

Act, and the Assets for Independence Act; and for necessary 

administrative expenses to carry out such Acts and titles I, IV, 

V, X, XI, XIV, XVI, and XX of the Social Security Act, the Act 

of July 5, 1960, the Low Income Home Energy Assistance Act 


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PUBLIC LAW 111–117—DEC. 16, 2009 123 STAT. 3251 

of 1981, title IV of the Immigration and Nationality Act, section 

501 of the Refugee Education Assistance Act of 1980, and section 

505 of the Family Support Act of 1988, $9,314,532,000, of which 

$39,500,000, to remain available through September 30, 2011, shall 

be for grants to States for adoption incentive payments, as authorized by section 473A of the Social Security Act and may be made 

for adoptions completed before September 30, 2010: Provided, That 

$7,234,783,000 shall be for making payments under the Head Start 

Act: Provided further, That of funds appropriated in the American 

Recovery and Reinvestment Act of 2009 for Head Start and Early 

Head Start, only the amount provided to a Head Start grantee 

under section 640(a)(3)(A)(i)(I) of the Head Start Act as a cost 

of living adjustment may be considered to be part of the fiscal 

year 2009 base grant for such grantee for purposes of section 

640(a)(2)(B)(i) through (v) of the Head Start Act: Provided further, 

That $746,000,000 shall be for making payments under the CSBG 

Act: Provided further, That not less than $10,000,000 shall be 

for section 680(a)(3)(B) of the CSBG Act: Provided further, That 

in addition to amounts provided herein, $5,762,000 shall be available from amounts available under section 241 of the PHS Act 

to carry out the provisions of section 1110 of the Social Security 

Act: Provided further, That to the extent Community Services Block 

Grant funds are distributed as grant funds by a State to an eligible 

entity as provided under the CSBG Act, and have not been expended 

by such entity, they shall remain with such entity for carryover 

into the next fiscal year for expenditure by such entity consistent 

with program purposes: Provided further, That the Secretary of 

Health and Human Services shall establish procedures regarding 

the disposition of intangible assets and program income that permit 

such assets acquired with, and program income derived from, grant 

funds authorized under section 680 of the CSBG Act to become 

the sole property of such grantees after a period of not more 

than 12 years after the end of the grant period for any activity 

consistent with section 680(a)(2)(A) of the CSBG Act: Provided 

further, That intangible assets in the form of loans, equity investments and other debt instruments, and program income may be 

used by grantees for any eligible purpose consistent with section 

680(a)(2)(A) of the CSBG Act: Provided further, That these procedures shall apply to such grant funds made available after 

November 29, 1999: Provided further, That funds appropriated for 

section 680(a)(2) of the CSBG Act shall be available for financing 

construction and rehabilitation and loans or investments in private 

business enterprises owned by community development corporations: Provided further, That $17,410,000 shall be for activities 

authorized by the Help America Vote Act of 2002, of which 

$12,154,000 shall be for payments to States to promote access 

for voters with disabilities, and of which $5,256,000 shall be for 

payments to States for protection and advocacy systems for voters 

with disabilities: Provided further, That $2,000,000 shall be for 

a human services case management system for federally declared 

disasters, to include a comprehensive national case management 

contract and Federal costs of administering the system: Provided 

further, That up to $2,000,000 shall be for improving the Public 

Assistance Reporting Information System, including grants to 

States to support data collection for a study of the system’s effectiveness: Provided further, That of the funds appropriated under this 

Applicability. 

Procedures. 

42 USC 9921 

note. 


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123 STAT. 3252 PUBLIC LAW 111–117—DEC. 16, 2009 

heading, $1,000,000 shall be transferred to the National Commission on Children and Disasters to carry out title VI of division 

G of Public Law 110–161: Provided further, That $20,785,000 shall 

be used for the projects, and in the amounts, specified under the 

heading ‘‘Children and Families Services Programs’’ in the statement of the managers on the conference report accompanying this 

Act. 

PROMOTING SAFE AND STABLE FAMILIES

For carrying out section 436 of the Social Security Act, $345,000,000 and section 437 of such Act, $63,311,000. 

PAYMENTS FOR FOSTER CARE AND PERMANENCY

For making payments to States or other non-Federal entities 

under title IV–E of the Social Security Act, $5,532,000,000. 

For making payments to States or other non-Federal entities 

under title IV–E of the Social Security Act, for the first quarter 

of fiscal year 2011, $1,850,000,000. 

For making, after May 31 of the current fiscal year, payments 

to States or other non-Federal entities under section 474 of title 

IV–E of the Social Security Act, for the last 3 months of the 

current fiscal year for unanticipated costs, incurred for the current 

fiscal year, such sums as may be necessary. 

ADMINISTRATION ON AGING

AGING SERVICES PROGRAMS

For carrying out, to the extent not otherwise provided, the 

Older Americans Act of 1965, section 398 and title XXIX of the 

Public Health Service Act, and section 119 of the Medicare Improvements for Patients and Providers Act of 2008, $1,516,297,000, of 

which $5,500,000 shall be available for activities regarding medication management, screening, and education to prevent incorrect 

medication and adverse drug reactions: Provided, That $5,974,000 

shall be used for the projects, and in the amounts, specified under 

the heading ‘‘Aging Services Programs’’ in the statement of the 

managers on the conference report accompanying this Act. 

OFFICE OF THE SECRETARY

GENERAL DEPARTMENTAL MANAGEMENT

(INCLUDING TRANSFER OF FUNDS)

For necessary expenses, not otherwise provided, for general 

departmental management, including hire of six sedans, and for 

carrying out titles III, IV, XVII, XX, and XXI of the Public Health 

Service Act (‘‘PHS Act’’), the United States-Mexico Border Health 

Commission Act, and research studies under section 1110 of the 

Social Security Act, $493,377,000, together with $5,851,000 to be 

transferred and expended as authorized by section 201(g)(1) of 

the Social Security Act from the Federal Hospital Insurance Trust 

Fund and the Federal Supplementary Medical Insurance Trust 

Fund, and $65,211,000 from the amounts available under section 

241 of the PHS Act to carry out national health or human services 


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PUBLIC LAW 111–117—DEC. 16, 2009 123 STAT. 3253 

research and evaluation activities: Provided, That of this amount, 

$53,891,000 shall be for minority AIDS prevention and treatment 

activities; $5,789,000 shall be to assist Afghanistan in the development of maternal and child health clinics, consistent with section 

103(a)(4)(H) of the Afghanistan Freedom Support Act of 2002; and 

$1,000,000 shall be transferred, not later than 30 days after enactment of this Act, to the National Institute of Mental Health to 

administer the Interagency Autism Coordinating Committee: Provided further, That all of the funds made available under this 

heading for carrying out title XX of the PHS Act shall be for 

activities specified under section 2003(b)(1) of such title XX: Provided further, That of the funds made available under this heading, 

$110,000,000 shall be for making competitive contracts and grants 

to public and private entities to fund medically accurate and age 

appropriate programs that reduce teen pregnancy and for the Federal costs associated with administering and evaluating such contracts and grants, of which not less than $75,000,000 shall be 

for replicating programs that have been proven effective through 

rigorous evaluation to reduce teenage pregnancy, behavioral risk 

factors underlying teenage pregnancy, or other associated risk factors, of which not less than $25,000,000 shall be available for 

research and demonstration grants to develop, replicate, refine, 

and test additional models and innovative strategies for preventing 

teenage pregnancy, and of which any remaining amounts shall 

be available for training and technical assistance, evaluation, outreach, and additional program support activities: Provided further, 

That of the amounts provided under this heading from amounts 

available under section 241 of the PHS Act, $4,455,000 shall be 

available to carry out evaluations (including longitudinal evaluations) of teenage pregnancy prevention approaches: Provided further, That funds provided in this Act for embryo adoption activities 

may be used to provide, to individuals adopting embryos, through 

grants and other mechanisms, medical and administrative services 

deemed necessary for such adoptions: Provided further, That such 

services shall be provided consistent with 42 CFR 59.5(a)(4): Provided further, That $1,650,000 shall be used for the projects, and 

in the amounts, specified under the heading ‘‘General Departmental 

Management’’ in the statement of the managers on the conference 

report accompanying this Act. 

OFFICE OF MEDICARE HEARINGS AND APPEALS

For expenses necessary for administrative law judges responsible for hearing cases under title XVIII of the Social Security 

Act (and related provisions of title XI of such Act), $71,147,000, 

to be transferred in appropriate part from the Federal Hospital 

Insurance Trust Fund and the Federal Supplementary Medical 

Insurance Trust Fund. 

OFFICE OF THE NATIONAL COORDINATOR FOR HEALTH INFORMATION

TECHNOLOGY

For expenses necessary for the Office of the National Coordinator for Health Information Technology, including grants, contracts, and cooperative agreements for the development and 

advancement of interoperable health information technology, 

$42,331,000: Provided, That in addition to amounts provided herein, 

Embryo adoption. 

Deadline. 


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123 STAT. 3254 PUBLIC LAW 111–117—DEC. 16, 2009 

$19,011,000 shall be available from amounts available under section 

241 of the Public Health Service Act. 

OFFICE OF INSPECTOR GENERAL

For expenses necessary for the Office of Inspector General, 

including the hire of passenger motor vehicles for investigations, 

in carrying out the provisions of the Inspector General Act of 

1978, $50,279,000: Provided, That of such amount, necessary sums 

shall be available for providing protective services to the Secretary 

of Health and Human Services and investigating non-payment of 

child support cases for which non-payment is a Federal offense 

under 18 U.S.C. 228: Provided further, That at least forty percent 

of the funds provided in this Act for the Office of Inspector General 

shall be used only for investigations, audits, and evaluations pertaining to the discretionary programs funded in this Act. 

OFFICE FOR CIVIL RIGHTS

For expenses necessary for the Office for Civil Rights, 

$37,785,000, together with not to exceed $3,314,000 to be transferred and expended as authorized by section 201(g)(1) of the Social 

Security Act from the Federal Hospital Insurance Trust Fund and 

the Federal Supplementary Medical Insurance Trust Fund. 

RETIREMENT PAY AND MEDICAL BENEFITS FOR COMMISSIONED

OFFICERS

For retirement pay and medical benefits of Public Health 

Service Commissioned Officers as authorized by law, for payments 

under the Retired Serviceman’s Family Protection Plan and Survivor Benefit Plan, and for medical care of dependents and retired 

personnel under the Dependents’ Medical Care Act, such amounts 

as may be required during the current fiscal year. 

PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY FUND

(INCLUDING TRANSFER OF FUNDS)

For expenses necessary to support activities related to countering potential biological, nuclear, radiological, chemical, and 

cybersecurity threats to civilian populations, and for other public 

health emergencies and to pay the costs described in section 319F– 

2(c)(7)(B) of the Public Health Service Act (‘‘PHS Act’’), 

$617,942,000; of which $33,065,000 shall be to support preparedness 

and emergency operations, of which $5,000,000 shall remain available through September 30, 2011; and of which $10,000,000, to 

remain available through September 30, 2011, shall be to support 

the delivery of medical countermeasures: Provided, That of the 

amount made available herein for the delivery of medical countermeasures, up to $8,000,000 may be transferred to the U.S. Postal 

Service to support delivery of medical countermeasures. 

For expenses necessary to support advanced research and 

development pursuant to section 319L of the PHS Act, $305,000,000, 

to be derived by transfer from funds appropriated under the heading 

‘‘Biodefense Countermeasures’’ in the Department of Homeland 

Security Appropriations Act, 2004, to remain available through 

September 30, 2011. 


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PUBLIC LAW 111–117—DEC. 16, 2009 123 STAT. 3255 

For expenses necessary to prepare for and respond to an influenza pandemic, $354,167,000, of which $276,000,000 shall be 

available until expended, for activities including the development 

and purchase of vaccine, antivirals, necessary medical supplies, 

diagnostics, and other surveillance tools: Provided, That products 

purchased with these funds may, at the discretion of the Secretary 

of Health and Human Services, be deposited in the Strategic 

National Stockpile under section 319F–2(a) of the PHS Act: Provided further, That notwithstanding section 496(b) of the PHS Act, 

funds may be used for the construction or renovation of privately 

owned facilities for the production of pandemic influenza vaccines 

and other biologics, if the Secretary finds such construction or 

renovation necessary to secure sufficient supplies of such vaccines 

or biologics: Provided further, That funds appropriated herein may 

be transferred to other appropriation accounts of the Department 

of Health and Human Services, as determined by the Secretary 

to be appropriate, to be used for the purposes specified in this 

paragraph. 

All remaining balances from funds appropriated under the 

heading ‘‘Biodefense Countermeasures’’ in the Department of Homeland Security Appropriations Act, 2004, shall be transferred to 

this account, and shall remain available for obligation through 

September 30, 2013, for the procurement of medical countermeasures pursuant to section 319F–2(c) of the PHS Act: Provided, 

That products purchased with these funds shall be deposited in 

the Strategic National Stockpile under section 319F–2(a) of the 

PHS Act. 

For expenses necessary for fit-out and other costs related to 

a competitive lease procurement to renovate or replace the existing 

headquarters building for Public Health Service agencies and other 

components of the Department of Health and Human Services, 

$69,585,000, to remain available until expended. 

GENERAL PROVISIONS

SEC. 201. Funds appropriated in this title shall be available 

for not to exceed $50,000 for official reception and representation 

expenses when specifically approved by the Secretary of Health 

and Human Services. 

SEC. 202. The Secretary of Health and Human Services shall 

make available through assignment not more than 60 employees 

of the Public Health Service to assist in child survival activities 

and to work in AIDS programs through and with funds provided 

by the Agency for International Development, the United Nations 

International Children’s Emergency Fund or the World Health 

Organization. 

SEC. 203. None of the funds appropriated in this Act for the 

National Institutes of Health, the Agency for Healthcare Research 

and Quality, and the Substance Abuse and Mental Health Services 

Administration shall be used to pay the salary of an individual, 

through a grant or other extramural mechanism, at a rate in 

excess of Executive Level I. 

SEC. 204. None of the funds appropriated in this Act may 

be expended pursuant to section 241 of the Public Health Service 

Act, except for funds specifically provided for in this Act, or for 

other taps and assessments made by any office located in the 

Department of Health and Human Services, prior to the preparation 

Reports. 

Government 

employees. 

Children and 

youth. 

AIDS. 


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123 STAT. 3256 PUBLIC LAW 111–117—DEC. 16, 2009 

and submission of a report by the Secretary of Health and Human 

Services to the Committees on Appropriations of the House of 

Representatives and the Senate detailing the planned uses of such 

funds. 

SEC. 205. Notwithstanding section 241(a) of the Public Health 

Service Act, such portion as the Secretary of Health and Human 

Services shall determine, but not more than 2.5 percent, of any 

amounts appropriated for programs authorized under such Act shall 

be made available for the evaluation (directly, or by grants or 

contracts) of the implementation and effectiveness of such programs. 

(TRANSFER OF FUNDS)

SEC. 206. Not to exceed 1 percent of any discretionary funds 

(pursuant to the Balanced Budget and Emergency Deficit Control 

Act of 1985) which are appropriated for the current fiscal year 

for the Department of Health and Human Services in this Act 

may be transferred between a program, project, or activity, but 

no such program, project, or activity shall be increased by more 

than 3 percent by any such transfer: Provided, That the transfer 

authority granted by this section shall be available only to meet 

emergency needs and shall not be used to create any new program 

or to fund any project or activity for which no funds are provided 

in this Act: Provided further, That the Committees on Appropriations of the House of Representatives and the Senate are notified 

at least 15 days in advance of any transfer. 

(TRANSFER OF FUNDS)

SEC. 207. The Director of the National Institutes of Health, 

jointly with the Director of the Office of AIDS Research, may 

transfer up to 3 percent among institutes and centers from the 

total amounts identified by these two Directors as funding for 

research pertaining to the human immunodeficiency virus: Provided, That the Committees on Appropriations of the House of 

Representatives and the Senate are notified at least 15 days in 

advance of any transfer. 

(TRANSFER OF FUNDS)

SEC. 208. Of the amounts made available in this Act for the 

National Institutes of Health, the amount for research related to 

the human immunodeficiency virus, as jointly determined by the 

Director of the National Institutes of Health and the Director of 

the Office of AIDS Research, shall be made available to the ‘‘Office 

of AIDS Research Office’’ account. The Director of the Office of 

AIDS Research shall transfer from such account amounts necessary 

to carry out section 2353(d)(3) of the Public Health Service Act. 

SEC. 209. None of the funds appropriated in this Act may 

be made available to any entity under title X of the Public Health 

Service Act unless the applicant for the award certifies to the 

Secretary of Health and Human Services that it encourages family 

participation in the decision of minors to seek family planning 

services and that it provides counseling to minors on how to resist 

attempts to coerce minors into engaging in sexual activities. 

SEC. 210. Notwithstanding any other provision of law, no provider of services under title X of the Public Health Service Act 

shall be exempt from any State law requiring notification or the 

Certification. 

Notification. 

Deadline. 

Notification. 

Deadline. 


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PUBLIC LAW 111–117—DEC. 16, 2009 123 STAT. 3257 

reporting of child abuse, child molestation, sexual abuse, rape, 

or incest. 

SEC. 211. None of the funds appropriated by this Act (including 

funds appropriated to any trust fund) may be used to carry out 

the Medicare Advantage program if the Secretary of Health and 

Human Services denies participation in such program to an otherwise eligible entity (including a Provider Sponsored Organization) 

because the entity informs the Secretary that it will not provide, 

pay for, provide coverage of, or provide referrals for abortions: 

Provided, That the Secretary shall make appropriate prospective 

adjustments to the capitation payment to such an entity (based 

on an actuarially sound estimate of the expected costs of providing 

the service to such entity’s enrollees): Provided further, That nothing 

in this section shall be construed to change the Medicare program’s 

coverage for such services and a Medicare Advantage organization 

described in this section shall be responsible for informing enrollees 

where to obtain information about all Medicare covered services. 

SEC. 212.(a) Except as provided by subsection (e) none of the 

funds appropriated for fiscal year 2010 or any subsequent fiscal 

year by this or any subsequent appropriations Act may be used 

to withhold substance abuse funding from a State pursuant to 

section 1926 of the Public Health Service Act (‘‘PHS Act’’) if such 

State certifies to the Secretary of Health and Human Services 

by May 1 of the fiscal year for which the funds are appropriated, 

that the State will commit additional State funds, in accordance 

with subsection (b), to ensure compliance with State laws prohibiting the sale of tobacco products to individuals under 18 years 

of age. 

(b) The amount of funds to be committed by a State under 

subsection (a) shall be equal to 1 percent of such State’s substance 

abuse block grant allocation for each percentage point by which 

the State misses the retailer compliance rate goal established by 

the Secretary under section 1926 of such Act. 

(c) The State is to maintain State expenditures in such fiscal 

year for tobacco prevention programs and for compliance activities 

at a level that is not less than the level of such expenditures 

maintained by the State for the preceding fiscal year, and adding 

to that level the additional funds for tobacco compliance activities 

required under subsection (a). The State is to submit a report 

to the Secretary on all State obligations of funds for such fiscal 

year and all State expenditures for the preceding fiscal year for 

tobacco prevention and compliance activities by program activity 

by July 31 of such fiscal year. 

(d) The Secretary shall exercise discretion in enforcing the 

timing of the State obligation of the additional funds required 

by the certification described in subsection (a) as late as July 

31 of such fiscal year. 

(e) None of the funds appropriated by this or any subsequent 

appropriations Act may be used to withhold substance abuse 

funding pursuant to section 1926 of the PHS Act from a territory 

that receives less than $1,000,000. 

SEC. 213. In order for the Department of Health and Human 

Services to carry out international health activities, including HIV/ 

AIDS and other infectious disease, chronic and environmental disease, and other health activities abroad during fiscal year 2010: 

(1) The Secretary of Health and Human Services may 

exercise authority equivalent to that available to the Secretary 

Reports. 

Deadline. 

Drugs and drug 

abuse. 

Certification. 

Deadline. 

Tobacco and 

tobacco products. 

42 USC 

300x–26a. 


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123 STAT. 3258 PUBLIC LAW 111–117—DEC. 16, 2009 

of State in section 2(c) of the State Department Basic Authorities Act of 1956. The Secretary of Health and Human Services 

shall consult with the Secretary of State and relevant Chief 

of Mission to ensure that the authority provided in this section 

is exercised in a manner consistent with section 207 of the 

Foreign Service Act of 1980 and other applicable statutes 

administered by the Department of State. 

(2) The Secretary of Health and Human Services is authorized to provide such funds by advance or reimbursement to 

the Secretary of State as may be necessary to pay the costs 

of acquisition, lease, alteration, renovation, and management 

of facilities outside of the United States for the use of the 

Department of Health and Human Services. The Department 

of State shall cooperate fully with the Secretary of Health 

and Human Services to ensure that the Department of Health 

and Human Services has secure, safe, functional facilities that 

comply with applicable regulation governing location, setback, 

and other facilities requirements and serve the purposes established by this Act. The Secretary of Health and Human Services 

is authorized, in consultation with the Secretary of State, 

through grant or cooperative agreement, to make available 

to public or nonprofit private institutions or agencies in participating foreign countries, funds to acquire, lease, alter, or renovate facilities in those countries as necessary to conduct programs of assistance for international health activities, including 

activities relating to HIV/AIDS and other infectious diseases, 

chronic and environmental diseases, and other health activities 

abroad. 

(3) The Secretary of Health and Human Services is authorized to provide to personnel appointed or assigned by the Secretary to serve abroad, allowances and benefits similar to those 

provided under chapter 9 of title I of the Foreign Service 

Act of 1980, and 22 U.S.C. 4081 through 4086 and subject 

to such regulations prescribed by the Secretary. The Secretary 

is further authorized to provide locality-based comparability 

payments (stated as a percentage) up to the amount of the 

locality-based comparability payment (stated as a percentage) 

that would be payable to such personnel under section 5304 

of title 5, United States Code if such personnel’s official duty 

station were in the District of Columbia. Leaves of absence 

for personnel under this subsection shall be on the same basis 

as that provided under subchapter I of chapter 63 of title 

5, United States Code, or section 903 of the Foreign Service 

Act of 1980, to individuals serving in the Foreign Service. 

SEC. 214. (a) AUTHORITY.—Notwithstanding any other provision 

of law, the Director of the National Institutes of Health (‘‘Director’’) 

may use funds available under section 402(b)(7) or 402(b)(12) of 

the Public Health Service Act (‘‘PHS Act’’) to enter into transactions 

(other than contracts, cooperative agreements, or grants) to carry 

out research identified pursuant to such section 402(b)(7) (pertaining to the Common Fund) or research and activities described 

in such section 402(b)(12). 

(b) PEER REVIEW.—In entering into transactions under subsection (a), the Director may utilize such peer review procedures 

(including consultation with appropriate scientific experts) as the 

Director determines to be appropriate to obtain assessments of 

Applicability. scientific and technical merit. Such procedures shall apply to such 

Consultation. 


ccoleman on DSK8P6SHH1 with PUBLIC LAWS
PUBLIC LAW 111–117—DEC. 16, 2009 123 STAT. 3259 

transactions in lieu of the peer review and advisory council review 

procedures that would otherwise be required under sections 

301(a)(3), 405(b)(1)(B), 405(b)(2), 406(a)(3)(A), 492, and 494 of the 

PHS Act. 

SEC. 215. Funds which are available for Individual Learning 

Accounts for employees of the Centers for Disease Control and 

Prevention (‘‘CDC’’) and the Agency for Toxic Substances and Disease Registry (‘‘ATSDR’’) may be transferred to ‘‘Disease Control, 

Research, and Training’’, to be available only for Individual 

Learning Accounts: Provided, That such funds may be used for 

any individual full-time equivalent employee while such employee 

is employed either by CDC or ATSDR. 

SEC. 216. Notwithstanding any other provisions of law, funds 

made available in this Act may be used to continue operating 

the Council on Graduate Medical Education established by section 

301 of Public Law 102–408. 

SEC. 217. Not to exceed $35,000,000 of funds appropriated 

by this Act to the institutes and centers of the National Institutes 

of Health may be used for alteration, repair, or improvement of 

facilities, as necessary for the proper and efficient conduct of the 

activities authorized herein, at not to exceed $2,500,000 per project. 

(TRANSFER OF FUNDS)

SEC. 218. Of the amounts made available for the National 

Institutes of Health, 1 percent of the amount made available for 

National Research Service Awards (‘‘NRSA’’) shall be made available to the Administrator of the Health Resources and Services 

Administration to make NRSA awards for research in primary 

medical care to individuals affiliated with entities who have received 

grants or contracts under section 747 of the Public Health Service 

Act, and 1 percent of the amount made available for NRSA shall 

be made available to the Director of the Agency for Healthcare 

Research and Quality to make NRSA awards for health service 

research. 

SEC. 219. By May 1, 2010, the Secretary of the Department 

of Health and Human Services shall amend regulations at 42 CFR 

Part 50 Subpart F for the purpose of strengthening Federal and 

institutional oversight and identifying enhancements, including 

requirements for financial disclosure to institutions, governing 

financial conflicts of interest among extramural investigators 

receiving grant support from the National Institutes of Health. 

This title may be cited as the ‘‘Department of Health and 

Human Services Appropriations Act, 2010’’. 

TITLE III 

DEPARTMENT OF EDUCATION 

EDUCATION FOR THE DISADVANTAGED

For carrying out title I of the Elementary and Secondary Education Act of 1965 (‘‘ESEA’’) and section 418A of the Higher Education Act of 1965, $15,914,666,000, of which $4,954,510,000 shall 

become available on July 1, 2010, and shall remain available 

through September 30, 2011, and of which $10,841,176,000 shall 

become available on October 1, 2010, and shall remain available 

Department of 

Education 

Appropriations 

Act, 2010. 

Deadline. 

Regulations. 

42 USC 294o 

note. 


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123 STAT. 3260 PUBLIC LAW 111–117—DEC. 16, 2009 

through September 30, 2011, for academic year 2010–2011: Provided, That $6,597,946,000 shall be for basic grants under section 

1124 of the ESEA: Provided further, That up to $4,000,000 of 

these funds shall be available to the Secretary of Education on 

October 1, 2009, to obtain annually updated local educationalagency-level census poverty data from the Bureau of the Census: 

Provided further, That $1,365,031,000 shall be for concentration 

grants under section 1124A of the ESEA: Provided further, That 

$3,264,712,000 shall be for targeted grants under section 1125 

of the ESEA: Provided further, That $3,264,712,000 shall be for 

education finance incentive grants under section 1125A of the 

ESEA: Provided further, That $9,167,000 shall be to carry out 

sections 1501 and 1503 of the ESEA: Provided further, That 

$545,633,000 shall be available for school improvement grants 

under section 1003(g) of the ESEA, which shall be allocated by 

the Secretary through the formula described in section 1003(g)(2) 

and shall be used consistent with the requirements of section 

1003(g), except that State and local educational agencies may use 

such funds (and funds appropriated for section 1003(g) under the 

American Recovery and Reinvestment Act) to serve any school 

eligible to receive assistance under part A of title I that has not 

made adequate yearly progress for at least 2 years or is in the 

State’s lowest quintile of performance based on proficiency rates 

and, in the case of secondary schools, priority shall be given to 

those schools with graduation rates below 60 percent: Provided 

further, That notwithstanding section 1003(g)(5)(A), each State educational agency may establish a maximum subgrant size of not 

more than $2,000,000 for each participating school applicable to 

such funds and to the funds appropriated for section 1003(g) under 

the American Recovery and Reinvestment Act: Provided further, 

That the ESEA title I, part A funds awarded to local educational 

agencies under the American Recovery and Reinvestment Act of 

2009 for fiscal year 2009 shall not be considered for the purpose 

of calculating hold-harmless amounts under subsections 1122(c) 

and 1125A(g)(3) in making allocations under title I, part A for 

fiscal year 2010 and succeeding years and, notwithstanding section 

1003(e), shall not be considered for the purpose of reserving funds 

under section 1003(a): Provided further, That $250,000,000 shall 

be available under section 1502 of the ESEA for a comprehensive 

literacy development and education program to advance literacy 

skills, including pre-literacy skills, reading, and writing, for students from birth through grade 12, including limited-English-proficient students and students with disabilities, of which one-half 

of 1 percent shall be reserved for the Secretary of the Interior 

for such a program at schools funded by the Bureau of Indian 

Education, one-half of 1 percent shall be reserved for grants to 

the outlying areas for such a program, $10,000,000 shall be reserved 

for formula grants to States based on each State’s relative share 

of funds under part A of title I of the ESEA for fiscal year 2009 

(excluding funds awarded under the American Recovery and 

Reinvestment Act of 2009), except that no State shall receive less 

than $150,000, to establish or support a State Literacy Team with 

expertise in literacy development and education for children from 

birth through grade 12 to assist the State in developing a comprehensive literacy plan, up to 5 percent may be reserved for 

national activities, and the remainder shall be used to award 

competitive grants to State educational agencies for such a program, 


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PUBLIC LAW 111–117—DEC. 16, 2009 123 STAT. 3261 

of which a State educational agency may reserve up to 5 percent 

for State leadership activities, including technical assistance and 

training, data collection, reporting, and administration, and shall 

subgrant not less than 95 percent to local educational agencies 

or, in the case of early literacy, to local educational agencies or 

other nonprofit providers of early childhood education that partner 

with a public or private nonprofit organization or agency with 

a demonstrated record of effectiveness in improving the early literacy development of children from birth through kindergarten 

entry and in providing professional development in early literacy, 

giving priority to such agencies or other entities serving greater 

numbers or percentages of disadvantaged children: Provided further, That the State educational agency shall ensure that at least 15 

percent of the subgranted funds are used to serve children from 

birth through age 5, 40 percent are used to serve students in 

kindergarten through grade 5, and 40 percent are used to serve 

students in middle and high school including an equitable distribution of funds between middle and high schools: Provided further, That eligible entities receiving subgrants from State educational 

agencies shall use such funds for services and activities that have 

the characteristics of effective literacy instruction through professional development, screening and assessment, targeted interventions for students reading below grade level and other researchbased methods of improving classroom instruction and practice. 

IMPACT AID

For carrying out programs of financial assistance to federally 

affected schools authorized by title VIII of the Elementary and 

Secondary Education Act of 1965, $1,276,183,000, of which 

$1,138,000,000 shall be for basic support payments under section 

8003(b), $48,602,000 shall be for payments for children with disabilities under section 8003(d), $17,509,000 shall be for construction 

under section 8007(a), $67,208,000 shall be for Federal property 

payments under section 8002, and $4,864,000, to remain available 

until expended, shall be for facilities maintenance under section 

8008: Provided, That for purposes of computing the amount of 

a payment for an eligible local educational agency under section 

8003(a) for school year 2009–2010, children enrolled in a school 

of such agency that would otherwise be eligible for payment under 

section 8003(a)(1)(B) of such Act, but due to the deployment of 

both parents or legal guardians, or a parent or legal guardian 

having sole custody of such children, or due to the death of a 

military parent or legal guardian while on active duty (so long 

as such children reside on Federal property as described in section 

8003(a)(1)(B)), are no longer eligible under such section, shall be 

considered as eligible students under such section, provided such 

students remain in average daily attendance at a school in the 

same local educational agency they attended prior to their change 

in eligibility status. 

SCHOOL IMPROVEMENT PROGRAMS

For carrying out school improvement activities authorized by 

parts A, B, and D of title II, part B of title IV, subparts 6 and 

9 of part D of title V, parts A and B of title VI, and parts B 

and C of title VII of the Elementary and Secondary Education 

Act of 1965 (‘‘ESEA’’); the McKinney-Vento Homeless Assistance 

Eligibility. 


ccoleman on DSK8P6SHH1 with PUBLIC LAWS
123 STAT. 3262 PUBLIC LAW 111–117—DEC. 16, 2009 

Act; section 203 of the Educational Technical Assistance Act of 

2002; the Compact of Free Association Amendments Act of 2003; 

part Z of title VIII of the Higher Education Act (‘‘HEA’’); and 

the Civil Rights Act of 1964, $5,228,444,000, of which 

$3,363,993,000 shall become available on July 1, 2010, and remain 

available through September 30, 2011, and of which $1,681,441,000 

shall become available on October 1, 2010, and shall remain available through September 30, 2011, for academic year 2010–2011: 

Provided, That funds made available to carry out part B of title 

VII of the ESEA may be used for construction, renovation, and 

modernization of any elementary school, secondary school, or structure related to an elementary school or secondary school, run by 

the Department of Education of the State of Hawaii, that serves 

a predominantly Native Hawaiian student body: Provided further, 

That from the funds referred to in the preceding proviso, not less 

than $1,500,000 shall be for the activities described in such proviso 

and $1,500,000 shall be for a grant to the University of Hawaii 

School of Law for a Center of Excellence in Native Hawaiian law: 

Provided further, That from the funds referred to in the second 

preceding proviso, $500,000 shall be for part Z of title VIII of 

the HEA: Provided further, That funds made available to carry 

out part C of title VII of the ESEA may be used for construction: 

Provided further, That up to 100 percent of the funds available 

to a State educational agency under part D of title II of the ESEA 

may be used for subgrants described in section 2412(a)(2)(B) of 

such Act: Provided further, That funds made available under this 

heading for section 2421 of the ESEA may be used for activities 

authorized under section 802 of the Higher Education Opportunity 

Act: Provided further, That $56,313,000 shall be available to carry 

out section 203 of the Educational Technical Assistance Act of 

2002: Provided further, That $34,391,000 shall be available to carry 

out part D of title V of the ESEA: Provided further, That no 

funds appropriated under this heading may be used to carry out 

section 5494 under the ESEA: Provided further, That $17,687,000 

shall be available to carry out the Supplemental Education Grants 

program for the Federated States of Micronesia and the Republic 

of the Marshall Islands: Provided further, That up to 5 percent 

of these amounts may be reserved by the Federated States of 

Micronesia and the Republic of the Marshall Islands to administer 

the Supplemental Education Grants programs and to obtain technical assistance, oversight and consultancy services in the administration of these grants and to reimburse the United States Departments of Labor, Health and Human Services, and Education for 

such services: Provided further, That $9,729,000 of the funds available for the Foreign Language Assistance Program shall be available 

for 5-year grants to local educational agencies that would work 

in partnership with one or more institutions of higher education 

to establish or expand articulated programs of study in languages 

critical to United States national security that will enable successful 

students to advance from elementary school through college to 

achieve a superior level of proficiency in those languages: Provided 

further, That of the funds available for section 2103(a) of the ESEA, 

$5,000,000 shall be available to continue a national school leadership partnership initiative as described in the statement of the 

managers on the conference report accompanying this Act. 


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PUBLIC LAW 111–117—DEC. 16, 2009 123 STAT. 3263 

INDIAN EDUCATION

For expenses necessary to carry out, to the extent not otherwise 

provided, title VII, part A of the Elementary and Secondary Education Act of 1965, $127,282,000. 

INNOVATION AND IMPROVEMENT

For carrying out activities authorized by part G of title I, 

subpart 5 of part A and parts C and D of title II, parts B, C, 

and D of title V, and section 1504 of the Elementary and Secondary 

Education Act of 1965 (‘‘ESEA’’), and by part F of title VIII of 

the Higher Education Act of 1965, $1,389,065,000: Provided, That 

$10,649,000 shall be provided to the National Board for Professional 

Teaching Standards to carry out section 2151(c) of the ESEA: Provided further, That from funds for subpart 4, part C of title II 

of the ESEA, up to 3 percent shall be available to the Secretary 

of Education for technical assistance and dissemination of information: Provided further, That $671,570,000 shall be available to carry 

out part D of title V of the ESEA: Provided further, That 

$88,791,000 shall be used for the projects, and in the amounts, 

specified in the statement of the managers on the conference report 

accompanying this Act: Provided further, That $1,000,000 shall 

be for a national clearinghouse that will collect and disseminate 

information on effective educational practices and the latest 

research regarding the planning, design, financing, construction, 

improvement, operation, and maintenance of safe, healthy, highperformance public facilities for nursery and pre-kindergarten, 

kindergarten through grade 12, and higher education: Provided 

further, That $400,000,000 of the funds for subpart 1 of part D 

of title V of the ESEA shall be for competitive grants to local 

educational agencies, including charter schools that are local educational agencies, or States, or partnerships of: (1) a local educational agency, a State, or both; and (2) at least one non-profit 

organization to develop and implement performance-based compensation systems for teachers, principals, and other personnel 

in high-need schools: Provided further, That such performancebased compensation systems must consider gains in student academic achievement as well as classroom evaluations conducted multiple times during each school year among other factors and provide 

educators with incentives to take on additional responsibilities and 

leadership roles: Provided further, That recipients of such grants 

shall demonstrate that such performance-based systems are developed with the input of teachers and school leaders in the schools 

and local educational agencies to be served by the grant: Provided 

further, That recipients of such grants may use such funds to 

develop or improve systems and tools (which may be developed 

and used for the entire local educational agency or only for schools 

served under the grant) that would enhance the quality and success 

of the compensation system, such as high-quality teacher evaluations and tools to measure growth in student achievement: Provided 

further, That applications for such grants shall include a plan 

to sustain financially the activities conducted and systems developed 

under the grant once the grant period has expired: Provided further, That up to 5 percent of such funds for competitive grants shall 

be available for technical assistance, training, peer review of 

applications, program outreach and evaluation activities: Provided 

further, That of the funds available for part B of title V of the 

Financial plan. 


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123 STAT. 3264 PUBLIC LAW 111–117—DEC. 16, 2009 

ESEA, the Secretary shall use up to $23,082,000 to carry out 

activities under section 5205(b) and under subpart 2: Provided 

further, That of the funds available for subpart 1 of part B of 

title V of the ESEA, and notwithstanding section 5205(a), the 

Secretary may reserve up to $50,000,000 to make multiple awards 

to non-profit charter management organizations and other entities 

that are not for-profit entities for the replication and expansion 

of successful charter school models and shall reserve $10,000,000 

to carry out the activities described in section 5205(a), including 

by providing technical assistance to authorized public chartering 

agencies in order to increase the number of high-performing charter 

schools: Provided further, That the funds referenced in the preceding 

proviso shall not be obligated prior to submission of a report to 

the Committees on Appropriations of the House of Representatives 

and the Senate detailing the planned uses of such funds: Provided 

further, That each application submitted pursuant to section 5203(a) 

shall describe a plan to monitor and hold accountable authorized 

public chartering agencies through such activities as providing technical assistance or establishing a professional development program, 

which may include planning, training and systems development 

for staff of authorized public chartering agencies to improve the 

capacity of such agencies in the State to authorize, monitor, and 

hold accountable charter schools: Provided further, That each 

application submitted pursuant to section 5203(a) shall contain 

assurances that State law, regulations, or other policies require 

that: (1) each authorized charter school in the State operate under 

a legally binding charter or performance contract between itself 

and the school’s authorized public chartering agency that describes 

the obligations and responsibilities of the school and the public 

chartering agency; conduct annual, timely, and independent audits 

of the school’s financial statements that are filed with the school’s 

authorized public chartering agency; and demonstrate improved 

student academic achievement; and (2) authorized public chartering 

agencies use increases in student academic achievement for all 

groups of students described in section 1111(b)(2)(C)(v) of the ESEA 

as the most important factor when determining to renew or revoke 

a school’s charter: Provided further, That from the funds for subpart 

1 of part D of title V of the ESEA, $12,000,000 shall be for competitive awards to local educational agencies located in counties in 

Louisiana, Mississippi, and Texas that were designated by the 

Federal Emergency Management Agency as counties eligible for 

individual assistance due to damage caused by Hurricanes Katrina, 

Ike, or Gustav: Provided further, That such awards shall be used 

to improve education in areas affected by such hurricanes and 

shall be for such activities as replacing instructional materials 

and equipment; paying teacher incentives; modernizing or renovating or repairing school buildings; beginning or expanding 

Advanced Placement or other rigorous courses; supporting the 

expansion of charter schools; and supporting after-school or 

extended learning time activities. 

SAFE SCHOOLS AND CITIZENSHIP EDUCATION

For carrying out activities authorized by subpart 3 of part 

C of title II, part A of title IV, and subparts 2, 3 and 10 of 

part D of title V of the Elementary and Secondary Education 

Act of 1965, $393,053,000: Provided, That $224,053,000 shall be 

Plan. 

Reports. 


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PUBLIC LAW 111–117—DEC. 16, 2009 123 STAT. 3265 

available for subpart 2 of part A of title IV, of which $8,212,000 

shall be used for activities authorized under subpart 3 of part 

D of title V: Provided further, That $134,000,000 shall be available 

to carry out part D of title V: Provided further, That of the funds 

available to carry out subpart 3 of part C of title II, up to 

$13,383,000 may be used to carry out section 2345 and $2,957,000 

shall be used by the Center for Civic Education to implement 

a comprehensive program to improve public knowledge, understanding, and support of the Congress and the State legislatures. 

ENGLISH LANGUAGE ACQUISITION

For carrying out part A of title III of the Elementary and 

Secondary Education Act of 1965, $750,000,000, which shall become 

available on July 1, 2010, and shall remain available through 

September 30, 2011, except that 6.5 percent of such amount shall 

be available on October 1, 2009, and shall remain available through 

September 30, 2011, to carry out activities under section 

3111(c)(1)(C): Provided, That the Secretary of Education shall use 

estimates of the American Community Survey child counts for 

the most recent 3-year period available to calculate allocations 

under such part. 

SPECIAL EDUCATION

For carrying out the Individuals with Disabilities Education 

Act (‘‘IDEA’’) and the Special Olympics Sport and Empowerment 

Act of 2004, $12,587,035,000, of which $3,726,354,000 shall become 

available on July 1, 2010, and shall remain available through 

September 30, 2011, and of which $8,592,383,000 shall become 

available on October 1, 2010, and shall remain available through 

September 30, 2011, for academic year 2010–2011: Provided, That 

$13,250,000 shall be for Recording for the Blind and Dyslexic, 

Inc., to support the development, production, and circulation of 

accessible educational materials: Provided further, That $737,000 

shall be for the recipient of funds provided by Public Law 105– 

78 under section 687(b)(2)(G) of the IDEA (as in effect prior to 

the enactment of the Individuals with Disabilities Education 

Improvement Act of 2004) to provide information on diagnosis, 

intervention, and teaching strategies for children with disabilities: 

Provided further, That the amount for section 611(b)(2) of the 

IDEA shall be equal to the lesser of the amount available for 

that activity during fiscal year 2009, increased by the amount 

of inflation as specified in section 619(d)(2)(B) of the IDEA, or 

the percent change in the funds appropriated under section 611(i) 

of the IDEA, but not less than the amount for that activity during 

fiscal year 2009: Provided further, That the part B and C funds 

awarded to States under the American Recovery and Reinvestment 

Act of 2009 for fiscal year 2009 shall not be considered for the 

purposes of calculating State allocations under sections 611, 619, 

and 643 for fiscal year 2010 and succeeding years: Provided further, 

That funds made available for the Special Olympics Sport and 

Empowerment Act of 2004 may be used to support expenses associated with the Special Olympics National and World games. 


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123 STAT. 3266 PUBLIC LAW 111–117—DEC. 16, 2009 

REHABILITATION SERVICES AND DISABILITY RESEARCH

For carrying out, to the extent not otherwise provided, the 

Rehabilitation Act of 1973, the Assistive Technology Act of 1998, 

and the Helen Keller National Center Act, $3,506,861,000: Provided, 

That for purposes of determining whether a State may administer 

the Centers for Independent Living program under section 723 

of the Rehabilitation Act, for fiscal year 2010, the Secretary shall 

exclude American Recovery and Reinvestment Act of 2009 funds 

awarded in fiscal year 2009 from the calculation of Federal funding 

allotted under section 721(c) and (d) of the Rehabilitation Act: 

Provided further, That $5,095,000 shall be used for the projects, 

and in the amounts, specified under the heading ‘‘Rehabilitation 

Services and Disability Research’’ in the statement of the managers 

on the conference report accompanying this Act. 

SPECIAL INSTITUTIONS FOR PERSONS WITH DISABILITIES

AMERICAN PRINTING HOUSE FOR THE BLIND

For carrying out the Act of March 3, 1879, $24,600,000. 

NATIONAL TECHNICAL INSTITUTE FOR THE DEAF

For the National Technical Institute for the Deaf under titles 

I and II of the Education of the Deaf Act of 1986, $68,437,000, 

of which $5,400,000 shall be for construction and shall remain 

available until expended: Provided, That from the total amount 

available, the Institute may at its discretion use funds for the 

endowment program as authorized under section 207 of such Act. 

GALLAUDET UNIVERSITY

For the Kendall Demonstration Elementary School, the Model 

Secondary School for the Deaf, and the partial support of Gallaudet 

University under titles I and II of the Education of the Deaf 

Act of 1986, $123,000,000, of which $5,000,000 shall be for construction and shall remain available until expended: Provided, That 

from the total amount available, the University may at its discretion 

use funds for the endowment program as authorized under section 

207 of such Act. 

CAREER, TECHNICAL, AND ADULT EDUCATION

For carrying out, to the extent not otherwise provided, the 

Carl D. Perkins Career and Technical Education Act of 2006, the 

Adult Education and Family Literacy Act (‘‘AEFLA’’), subpart 4 

of part D of title V of the Elementary and Secondary Education 

Act of 1965 (‘‘ESEA’’) and title VIII–D of the Higher Education 

Amendments of 1998, $2,016,447,000, of which $4,400,000 shall 

become available on October 1, 2009, and remain available through 

September 30, 2011, of which $1,221,047,000 shall become available 

on July 1, 2010, and shall remain available through September 

30, 2011, and of which $791,000,000 shall become available on 

October 1, 2010, and shall remain available through September 

30, 2011: Provided, That in allocating AEFLA State grants, the 

Secretary of Education shall first distribute up to $45,907,000 to 

those States and outlying areas that, due to administrative error, 


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PUBLIC LAW 111–117—DEC. 16, 2009 123 STAT. 3267 

were underpaid for fiscal years 2003 through 2008 in the amounts 

such States and outlying areas were underpaid: Provided further, 

That the Secretary shall not reduce the allocations for those years 

to the States and outlying areas that were overpaid through such 

error, or take other corrective action with respect to those overpayments: Provided further, That the additional funds provided to 

States and outlying areas to correct the administrative error shall 

not be considered in determining the ‘‘hold harmless’’ amounts 

under section 211(f) of the AEFLA for fiscal year 2011 or subsequent 

fiscal years: Provided further, That of the amount provided for 

Adult Education State Grants, $75,000,000 shall be made available 

for integrated English literacy and civics education services to 

immigrants and other limited English proficient populations: Provided further, That of the amount reserved for integrated English 

literacy and civics education, notwithstanding section 211 of the 

AEFLA, 65 percent shall be allocated to States based on a State’s 

absolute need as determined by calculating each State’s share of 

a 10-year average of the United States Citizenship and Immigration 

Services data for immigrants admitted for legal permanent residence for the 10 most recent years, and 35 percent allocated to 

States that experienced growth as measured by the average of 

the 3 most recent years for which United States Citizenship and 

Immigration Services data for immigrants admitted for legal permanent residence are available, except that no State shall be allocated 

an amount less than $60,000: Provided further, That of the amounts 

made available for AEFLA, $11,346,000 shall be for national leadership activities under section 243: Provided further, That $88,000,000 

shall be available to support the activities authorized under subpart 

4 of part D of title V of the ESEA, of which up to 5 percent 

shall become available on October 1, 2009, and shall remain available through September 30, 2011, for evaluation, technical assistance, school networks, peer review of applications, and program 

outreach activities, and of which not less than 95 percent shall 

become available on July 1, 2010, and remain available through 

September 30, 2011, for grants to local educational agencies: Provided further, That funds made available to local educational agencies under this subpart shall be used only for activities related 

to establishing smaller learning communities within large high 

schools or small high schools that provide alternatives for students 

enrolled in large high schools: Provided further, That the Secretary 

of Education may use amounts available under this heading for 

the necessary costs of any closeout of the National Institute for 

Literacy. 

STUDENT FINANCIAL ASSISTANCE

(INCLUDING DEFERRAL OF FUNDS)

For carrying out subparts 1, 3, and 4 of part A, part C and 

part E of title IV of the Higher Education Act of 1965, 

$19,296,809,000, which shall remain available through September 

30, 2011. 

The maximum Pell Grant for which a student shall be eligible 

during award year 2010–2011 shall be $4,860. 

Of the funds made available under section 401A(e)(1)(D) of 

the Higher Education Act of 1965, $561,000,000 shall not be available until October 1, 2010. 

20 USC 1070a 

note. 


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123 STAT. 3268 PUBLIC LAW 111–117—DEC. 16, 2009 

STUDENT AID ADMINISTRATION

For Federal administrative expenses to carry out part D of 

title I, and subparts 1, 3, 4, and 9 of part A, and parts B, C, 

D, and E of title IV of the Higher Education Act of 1965, 

$870,402,000, which shall remain available until expended. 

HIGHER EDUCATION

For carrying out, to the extent not otherwise provided, titles 

II, III, IV, V, VI, VII, and VIII of the Higher Education Act of 

1965 (‘‘HEA’’), section 1543 of the Higher Education Amendments 

of 1992, the Mutual Educational and Cultural Exchange Act of 

1961, title VIII of the Higher Education Amendments of 1998, 

part I of subtitle A of title VI of the America COMPETES Act, 

and section 117 of the Carl D. Perkins Career and Technical Education Act of 2006, $2,255,665,000: Provided, That $9,687,000, to 

remain available through September 30, 2011, shall be available 

to fund fellowships for academic year 2011–2012 under subpart 

1 of part A of title VII of the HEA, under the terms and conditions 

of such subpart 1: Provided further, That $609,000 shall be for 

data collection and evaluation activities for programs under the 

HEA, including such activities needed to comply with the Government Performance and Results Act of 1993: Provided further, That 

notwithstanding any other provision of law, funds made available 

in this Act to carry out title VI of the HEA and section 102(b)(6) 

of the Mutual Educational and Cultural Exchange Act of 1961 

may be used to support visits and study in foreign countries by 

individuals who are participating in advanced foreign language 

training and international studies in areas that are vital to United 

States national security and who plan to apply their language 

skills and knowledge of these countries in the fields of government, 

the professions, or international development: Provided further, That of the funds referred to in the preceding proviso up to 1 

percent may be used for program evaluation, national outreach, 

and information dissemination activities: Provided further, That 

notwithstanding any other provision of law, a recipient of a multiyear award under section 316 of the HEA, as that section was 

in effect prior to the date of enactment of the Higher Education 

Opportunity Act (‘‘HEOA’’), that would have otherwise received 

a continuation award for fiscal year 2010 under that section, shall 

receive under section 316, as amended by the HEOA, not less 

than the amount that such recipient would have received under 

such a continuation award: Provided further, That the portion of 

the funds received under section 316 by a recipient described in 

the preceding proviso that is equal to the amount of such continuation award shall be used in accordance with the terms of such 

continuation award: Provided further, That $1,500,000, to remain 

available until expended, shall be available to carry out a scholarship program for the purpose of increasing the skilled workforce 

for industrial health and safety occupations, including mine safety: 

Provided further, That the Secretary of Education shall identify 

these scholarships as ‘‘Erma Byrd Scholarships’’: Provided further, 

That such scholarships shall be awarded without regard to an 

applicant’s prior work experience, but the Secretary shall, notwithstanding section 437 of the General Education Provisions Act and 

5 U.S.C. 553, by notice in the Federal Register, establish the eligibility requirements, service obligations, payback requirements, and 

Notice. 

Federal Register, 

publication. 

Designation. 


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PUBLIC LAW 111–117—DEC. 16, 2009 123 STAT. 3269 

other program requirements similar to those specified in section 

515 of the Federal Mine Safety and Health Act as are necessary 

to implement such a program: Provided further, That such scholarship funds may be used to replace a student’s expected family 

contribution, but institutions accepting such scholarship funds may 

not use these funds to supplant existing institutional aid: Provided 

further, That the Secretary shall be authorized to accept contributions for such scholarships from private sources: Provided further, 

That these funds shall be used for scholarships for academic year 

2010–2011 and may be available for scholarships in academic year 

2011–2012: Provided further, That $101,507,000 shall be used for 

the projects, and in the amounts, specified under the heading 

‘‘Higher Education’’ in the statement of the managers on the conference report accompanying this Act: provided further, That 

$17,750,000 shall be used for the programs specified under the 

‘‘Fund for the Improvement of Post Secondary Education’’ in the 

statement of the managers in accordance with the specified sections. 

HOWARD UNIVERSITY

For partial support of Howard University, $234,977,000, of 

which not less than $3,600,000 shall be for a matching endowment 

grant pursuant to the Howard University Endowment Act and 

shall remain available until expended. 

COLLEGE HOUSING AND ACADEMIC FACILITIES LOANS PROGRAM

For Federal administrative expenses to carry out activities 

related to existing facility loans pursuant to section 121 of the 

Higher Education Act of 1965, $461,000. 

HISTORICALLY BLACK COLLEGE AND UNIVERSITY CAPITAL

FINANCING PROGRAM ACCOUNT

For the cost of guaranteed loans, $20,228,000, as authorized 

pursuant to part D of title III of the Higher Education Act of 

1965 (‘‘HEA’’): Provided, That such costs, including the cost of 

modifying such loans, shall be as defined in section 502 of the 

Congressional Budget Act of 1974: Provided further, That these 

funds are available to subsidize total loan principal, any part of 

which is to be guaranteed, not to exceed $178,221,000. 

In addition, for administrative expenses to carry out the Historically Black College and University Capital Financing Program 

entered into pursuant to part D of title III of the HEA, $354,000. 

INSTITUTE OF EDUCATION SCIENCES

For carrying out activities authorized by the Education Sciences 

Reform Act of 2002, the National Assessment of Educational 

Progress Authorization Act, section 208 of the Educational Technical 

Assistance Act of 2002, and section 664 of the Individuals with 

Disabilities Education Act, $659,006,000, of which $588,356,000 

shall be available through September 30, 2011: Provided, That 

funds available to carry out section 208 of the Educational Technical 

Assistance Act may be used for Statewide data systems that include 

postsecondary and workforce information and information on children of all ages: Provided further, That up to $10,000,000 of the 

funds available to carry out section 208 of the Educational Technical 


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123 STAT. 3270 PUBLIC LAW 111–117—DEC. 16, 2009 

Assistance Act may be used for State data coordinators and for 

awards to public or private organizations or agencies to improve 

data coordination, quality, and use. 

DEPARTMENTAL MANAGEMENT

PROGRAM ADMINISTRATION

For carrying out, to the extent not otherwise provided, the 

Department of Education Organization Act, including rental of conference rooms in the District of Columbia and hire of three passenger motor vehicles, $456,200,000, of which $8,200,000, to remain 

available until expended, shall be for relocation of, and renovation 

of buildings occupied by, Department staff. 

OFFICE FOR CIVIL RIGHTS

For expenses necessary for the Office for Civil Rights, as authorized by section 203 of the Department of Education Organization 

Act, $103,024,000. 

OFFICE OF THE INSPECTOR GENERAL

For expenses necessary for the Office of the Inspector General, 

as authorized by section 212 of the Department of Education 

Organization Act, $60,053,000. 

GENERAL PROVISIONS

SEC. 301. No funds appropriated in this Act may be used 

for the transportation of students or teachers (or for the purchase 

of equipment for such transportation) in order to overcome racial 

imbalance in any school or school system, or for the transportation 

of students or teachers (or for the purchase of equipment for such 

transportation) in order to carry out a plan of racial desegregation 

of any school or school system. 

SEC. 302. None of the funds contained in this Act shall be 

used to require, directly or indirectly, the transportation of any 

student to a school other than the school which is nearest the 

student’s home, except for a student requiring special education, 

to the school offering such special education, in order to comply 

with title VI of the Civil Rights Act of 1964. For the purpose 

of this section an indirect requirement of transportation of students 

includes the transportation of students to carry out a plan involving 

the reorganization of the grade structure of schools, the pairing 

of schools, or the clustering of schools, or any combination of grade 

restructuring, pairing or clustering. The prohibition described in 

this section does not include the establishment of magnet schools. 

SEC. 303. No funds appropriated in this Act may be used 

to prevent the implementation of programs of voluntary prayer 

and meditation in the public schools. 

(TRANSFER OF FUNDS)

SEC. 304. Not to exceed 1 percent of any discretionary funds 

(pursuant to the Balanced Budget and Emergency Deficit Control 

Act of 1985) which are appropriated for the Department of Education in this Act may be transferred between appropriations, but 

Voluntary 

prayer. 

Meditation. 

Racial 

desegregation. 


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PUBLIC LAW 111–117—DEC. 16, 2009 123 STAT. 3271 

no such appropriation shall be increased by more than 3 percent 

by any such transfer: Provided, That the transfer authority granted 

by this section shall be available only to meet emergency needs 

and shall not be used to create any new program or to fund 

any project or activity for which no funds are provided in this 

Act: Provided further, That the Committees on Appropriations of 

the House of Representatives and the Senate are notified at least 

15 days in advance of any transfer. 

SEC. 305. The Outlying Areas may consolidate funds received 

under this Act, pursuant to 48 U.S.C. 1469a, under part A of 

title V of the Elementary and Secondary Education Act. 

SEC. 306. None of the funds made available in the sixth proviso 

under the heading ‘‘Innovation and Improvement’’ in this Act shall 

be made available for new awards under the Teacher Incentive 

Fund prior to the submission of an impact evaluation plan to 

the Committees on Appropriations of the House of Representatives 

and the Senate. 

SEC. 307. Section 14007 of division A of the American Recovery 

and Reinvestment Act of 2009 is amended— 

(1) by amending subsection (a)(3) to read as follows: 

‘‘(3) PURPOSE OF AWARDS.—The Secretary shall make 

awards to eligible entities in order to identify, document, and 

bring to scale innovative best practices based on demonstrated 

success, to allow such eligible entities to— 

‘‘(A) expand their work and serve as models for best 

practices; and 

‘‘(B) work in partnership with the private sector and 

the philanthropic community.’’; 

(2) in subsection (b)— 

(A) by redesignating paragraphs (1) through (4) as 

paragraphs (1)(A), (1)(B), (2), and (3), respectively; 

(B) in paragraph (1)(A), as so redesignated, by inserting 

‘‘or’’ after the semicolon; 

(C) by amending paragraph (1)(B), as so redesignated, 

to read as follows: 

‘‘(B) have demonstrated success in significantly increasing 

student academic achievement for all groups of students 

described in such section;’’; and 

(D) in paragraph (3), as so redesignated, by striking 

‘‘they have established partnerships’’ and inserting ‘‘it has 

established one or more partnerships’’; 

(3) in subsection (c), by striking ‘‘paragraphs’’ and all that 

follows through ‘‘such requirements’’ and inserting ‘‘paragraphs 

(1)(A) or (1)(B) and (2) of subsection (b) if the nonprofit 

organization has a record of significantly improving student 

achievement, attainment, or retention and shall be considered 

to have met the requirements of subsection (b)(3) if it demonstrates that it will meet the requirement relating to privatesector matching’’; and 

(4) by adding at the end a new subsection (d) to read 

as follows: 

‘‘(d) SUBGRANTS.—In the case of an eligible entity that is a 

partnership described in subsection (a)(1)(B), the partner serving 

as the fiscal agent may make subgrants to one or more of the 

other entities in the partnership.’’. 

Ante, p. 284. 

Evaluation plan. 

Notification. 

Deadline. 


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123 STAT. 3272 PUBLIC LAW 111–117—DEC. 16, 2009 

SEC. 308. Section 307 of the Departments of Labor, Health 

and Human Services, and Education, and Related Agencies Appropriations Act, 2008 is amended by striking ‘‘and 2009’’ each place 

the term occurs and inserting ‘‘through 2011’’. 

SEC. 309. Section 105(f)(1)(B)(ix) of the Compact of Free 

Association Amendments Act of 2003 (48 U.S.C. 1921d(f)(1)(B)(ix)) 

shall be applied by substituting ‘‘2010’’ for ‘‘2009’’. 

SEC. 310. Section 14006(c) of division A of the American 

Recovery and Reinvestment Act of 2009 (Public Law 111–5) is 

amended— 

(1) by inserting ‘‘(1) IN GENERAL.—’’ before ‘‘Each State’’; 

and 

(2) by adding a new paragraph (2) at the end to read 

as follows: 

‘‘(2) EXCEPTION.—Paragraph (1) does not apply to grants 

made by the Secretary to consortia of States to develop academic assessments that are aligned with academic standards.’’. 

This title may be cited as the ‘‘Department of Education Appropriations Act, 2010’’. 

TITLE IV 

RELATED AGENCIES 

COMMITTEE FOR PURCHASE FROM PEOPLE WHO ARE BLIND OR

SEVERELY DISABLED

SALARIES AND EXPENSES

For expenses necessary for the Committee for Purchase From 

People Who Are Blind or Severely Disabled established by Public 

Law 92–28, $5,396,000. 

CORPORATION FOR NATIONAL AND COMMUNITY SERVICE

OPERATING EXPENSES

For necessary expenses for the Corporation for National and 

Community Service (‘‘the Corporation’’) to carry out the Domestic 

Volunteer Service Act of 1973 (‘‘1973 Act’’) and the National and 

Community Service Act of 1990 (‘‘1990 Act’’), $857,021,000, of which 

$319,974,000 shall be to carry out the 1973 Act and $537,047,000 

shall be to carry out the 1990 Act and notwithstanding sections 

198B(b)(3), 198S(g), 501(a)(4)(C), and 501(a)(4)(F) of the 1990 Act: 

Provided, That of the amounts provided under this heading: (1) 

up to 1 percent of program grant funds may be used to defray 

the costs of conducting grant application reviews, including the 

use of outside peer reviewers and electronic management of the 

grants cycle; (2) $50,000,000 shall be available for expenses authorized under section 501(a)(4)(E) of the 1990 Act; (3) $7,500,000 

shall be available for expenses to carry out sections 112(e), 179A, 

and 198O and subtitle J of title I of the 1990 Act, notwithstanding 

section 501(a)(6) of the 1990 Act; (4) $5,000,000 shall be available 

for grants to public or private nonprofit institutions to increase 

the participation of individuals with disabilities in national service 

and for demonstration activities in furtherance of this purpose, 

notwithstanding section 129(k)(1) of the 1990 Act; (5) $17,000,000 

shall be available to provide assistance to State commissions on 

Ante, p. 284. 

Applicability. 

48 USC 1921d 

note. 

121 Stat. 2199. 


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PUBLIC LAW 111–117—DEC. 16, 2009 123 STAT. 3273 

national and community service, under section 126(a) of the 1990 

Act and notwithstanding section 501(a)(5)(B) of the 1990 Act; (6) 

$29,000,000 shall be available to carry out subtitle E of the 1990 

Act; and (7) $4,000,000 shall be available for expenses authorized 

under section 501(a)(4)(F) of the 1990 Act, which, notwithstanding 

the provisions of section 198P shall be awarded by the Corporation 

on a competitive basis to State commissions. 

NATIONAL SERVICE TRUST

(INCLUDING TRANSFER OF FUNDS)

For necessary expenses for the National Service Trust established under subtitle D of title I of the National and Community 

Service Act of 1990 (‘‘1990 Act’’), $197,000,000, to remain available 

until expended: Provided, That the Corporation for National and 

Community Service may transfer additional funds from the amount 

provided within ‘‘Operating Expenses’’ allocated to grants under 

subtitle C of title I of the 1990 Act to the National Service Trust 

upon determination that such transfer is necessary to support the 

activities of national service participants and after notice is transmitted to the Committees on Appropriations of the House of Representatives and the Senate: Provided further, That amounts appropriated for or transferred to the National Service Trust may be 

invested under section 145(b) of the 1990 Act without regard to 

the requirement to apportion funds under 31 U.S.C. 1513(b). 

SALARIES AND EXPENSES

For necessary expenses of administration as provided under 

section 501(a)(5) of the National and Community Service Act of 

1990 and under section 504(a) of the Domestic Volunteer Service 

Act of 1973, including payment of salaries, authorized travel, hire 

of passenger motor vehicles, the rental of conference rooms in 

the District of Columbia, the employment of experts and consultants 

authorized under 5 U.S.C. 3109, and not to exceed $2,500 for 

official reception and representation expenses, $88,000,000. 

OFFICE OF INSPECTOR GENERAL

For necessary expenses of the Office of Inspector General in 

carrying out the Inspector General Act of 1978, $7,700,000. 

ADMINISTRATIVE PROVISIONS

SEC. 401. The Corporation for National and Community Service 

(‘‘the Corporation’’) shall make any significant changes to program 

requirements, service delivery or policy only through public notice 

and comment rulemaking. For fiscal year 2010, during any grant 

selection process, an officer or employee of the Corporation shall 

not knowingly disclose any covered grant selection information 

regarding such selection, directly or indirectly, to any person other 

than an officer or employee of the Corporation that is authorized 

by the Corporation to receive such information. 

SEC. 402. AmeriCorps programs receiving grants under the 

National Service Trust program shall meet an overall minimum 

share requirement of 24 percent for the first 3 years that they 

receive AmeriCorps funding, and thereafter shall meet the overall 

Requirements. 

42 USC 12571 

note. 

Notice. 

Public comment. 


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123 STAT. 3274 PUBLIC LAW 111–117—DEC. 16, 2009 

minimum share requirement as provided in section 2521.60 of title 

45, Code of Federal Regulations, without regard to the operating 

costs match requirement in section 121(e) or the member support 

Federal share limitations in section 140 of the National and 

Community Service Act of 1990, and subject to partial waiver 

consistent with section 2521.70 of title 45, Code of Federal Regulations. 

SEC. 403. Donations made to the Corporation for National 

and Community Service under section 196 of the National and 

Community Service Act of 1990 (‘‘1990 Act’’) for the purposes of 

financing programs and operations under titles I and II of the 

1973 Act or subtitle B, C, D, or E of title I of the 1990 Act 

shall be used to supplement and not supplant current programs 

and operations. 

CORPORATION FOR PUBLIC BROADCASTING

For payment to the Corporation for Public Broadcasting (‘‘Corporation’’), as authorized by the Communications Act of 1934, an 

amount which shall be available within limitations specified by 

that Act, for the fiscal year 2012, $445,000,000: Provided, That 

none of the funds made available to the Corporation by this Act 

shall be used to pay for receptions, parties, or similar forms of 

entertainment for Government officials or employees: Provided further, That none of the funds made available to the Corporation 

by this Act shall be available or used to aid or support any program 

or activity from which any person is excluded, or is denied benefits, 

or is discriminated against, on the basis of race, color, national 

origin, religion, or sex: Provided further, That none of the funds 

made available to the Corporation by this Act shall be used to 

apply any political test or qualification in selecting, appointing, 

promoting, or taking any other personnel action with respect to 

officers, agents, and employees of the Corporation: Provided further, 

That none of the funds made available to the Corporation by this 

Act shall be used to support the Television Future Fund or any 

similar purpose. In addition, for payment to the Corporation for 

fiscal year 2010, $86,000,000 as follows: 

(1) $25,000,000 shall be for fiscal stabilization grants to 

public radio and television licensees, with no deduction for 

administrative or other costs of the Corporation, to maintain 

local programming and services and preserve jobs threatened 

by declines in non-Federal revenues due to the downturn in 

the economy, to be awarded no later than 45 days after enactment of this Act; 

(2) $36,000,000 shall be for costs related to digital program 

production, development, and distribution associated with the 

transition of public broadcasting to digital broadcasting, to 

be awarded as determined by the Corporation in consultation 

with public radio and television licensees or permittees, or 

their designated representatives; and 

(3) $25,000,000 is available pursuant to section 396(k)(10) 

of the Communications Act of 1934 for replacement and upgrade 

of the public radio interconnection system. 

Deadline. 

Political test. 


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PUBLIC LAW 111–117—DEC. 16, 2009 123 STAT. 3275 

FEDERAL MEDIATION AND CONCILIATION SERVICE

SALARIES AND EXPENSES

For expenses necessary for the Federal Mediation and Conciliation Service (‘‘Service’’) to carry out the functions vested in it 

by the Labor Management Relations Act, 1947, including hire of 

passenger motor vehicles; for expenses necessary for the LaborManagement Cooperation Act of 1978; and for expenses necessary 

for the Service to carry out the functions vested in it by the 

Civil Service Reform Act, $46,652,000, including $349,000 for activities authorized by the Labor-Management Cooperation Act of 1978: 

Provided, That notwithstanding 31 U.S.C. 3302, fees charged, up 

to full-cost recovery, for special training activities and other conflict 

resolution services and technical assistance, including those provided to foreign governments and international organizations, and 

for arbitration services shall be credited to and merged with this 

account, and shall remain available until expended: Provided further, That fees for arbitration services shall be available only for 

education, training, and professional development of the agency 

workforce: Provided further, That the Director of the Service is 

authorized to accept and use on behalf of the United States gifts 

of services and real, personal, or other property in the aid of 

any projects or functions within the Director’s jurisdiction. 

FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

SALARIES AND EXPENSES

For expenses necessary for the Federal Mine Safety and Health 

Review Commission, $10,358,000. 

INSTITUTE OF MUSEUM AND LIBRARY SERVICES

OFFICE OF MUSEUM AND LIBRARY SERVICES: GRANTS AND

ADMINISTRATION

For carrying out the Museum and Library Services Act of 

1996 and the National Museum of African American History and 

Culture Act, $282,251,000, of which $16,382,000 shall be used for 

the projects, and in the amounts, specified under the heading ‘‘Office 

of Museum and Library Services: Grants and Administration’’ in 

the statement of the managers on the conference report accompanying this Act. 

MEDICARE PAYMENT ADVISORY COMMISSION

SALARIES AND EXPENSES

For expenses necessary to carry out section 1805 of the Social 

Security Act, $11,800,000, to be transferred to this appropriation 

from the Federal Hospital Insurance Trust Fund and the Federal 

Supplementary Medical Insurance Trust Fund. 


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123 STAT. 3276 PUBLIC LAW 111–117—DEC. 16, 2009 

NATIONAL COUNCIL ON DISABILITY

SALARIES AND EXPENSES

For expenses necessary for the National Council on Disability 

as authorized by title IV of the Rehabilitation Act of 1973, 

$3,271,000. 

NATIONAL LABOR RELATIONS BOARD

SALARIES AND EXPENSES

For expenses necessary for the National Labor Relations Board 

to carry out the functions vested in it by the Labor-Management 

Relations Act, 1947, and other laws, $283,400,000: Provided, That 

no part of this appropriation shall be available to organize or 

assist in organizing agricultural laborers or used in connection 

with investigations, hearings, directives, or orders concerning bargaining units composed of agricultural laborers as referred to in 

section 2(3) of the Act of July 5, 1935, and as amended by the 

Labor-Management Relations Act, 1947, and as defined in section 

3(f) of the Act of June 25, 1938, and including in said definition 

employees engaged in the maintenance and operation of ditches, 

canals, reservoirs, and waterways when maintained or operated 

on a mutual, nonprofit basis and at least 95 percent of the water 

stored or supplied thereby is used for farming purposes. 

NATIONAL MEDIATION BOARD

SALARIES AND EXPENSES

For expenses necessary to carry out the provisions of the Railway Labor Act, including emergency boards appointed by the President, $13,463,000. 

OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION

SALARIES AND EXPENSES

For expenses necessary for the Occupational Safety and Health Review Commission, $11,712,000. 

RAILROAD RETIREMENT BOARD

DUAL BENEFITS PAYMENTS ACCOUNT

For payment to the Dual Benefits Payments Account, authorized under section 15(d) of the Railroad Retirement Act of 1974, 

$64,000,000, which shall include amounts becoming available in 

fiscal year 2010 pursuant to section 224(c)(1)(B) of Public Law 

98–76; and in addition, an amount, not to exceed 2 percent of 

the amount provided herein, shall be available proportional to the 

amount by which the product of recipients and the average benefit 

received exceeds the amount available for payment of vested dual 

benefits: Provided, That the total amount provided herein shall 

be credited in 12 approximately equal amounts on the first day 

of each month in the fiscal year. 


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PUBLIC LAW 111–117—DEC. 16, 2009 123 STAT. 3277 

FEDERAL PAYMENTS TO THE RAILROAD RETIREMENT ACCOUNTS

For payment to the accounts established in the Treasury for 

the payment of benefits under the Railroad Retirement Act for 

interest earned on unnegotiated checks, $150,000, to remain available through September 30, 2011, which shall be the maximum 

amount available for payment pursuant to section 417 of Public 

Law 98–76. 

LIMITATION ON ADMINISTRATION

For necessary expenses for the Railroad Retirement Board 

(‘‘Board’’) for administration of the Railroad Retirement Act and 

the Railroad Unemployment Insurance Act, $109,073,000, to be 

derived in such amounts as determined by the Board from the 

railroad retirement accounts and from moneys credited to the railroad unemployment insurance administration fund. 

LIMITATION ON THE OFFICE OF INSPECTOR GENERAL

For expenses necessary for the Office of Inspector General 

for audit, investigatory and review activities, as authorized by the 

Inspector General Act of 1978, not more than $8,186,000, to be 

derived from the railroad retirement accounts and railroad 

unemployment insurance account. 

SOCIAL SECURITY ADMINISTRATION

PAYMENTS TO SOCIAL SECURITY TRUST FUNDS

For payment to the Federal Old-Age and Survivors Insurance 

Trust Fund and the Federal Disability Insurance Trust Fund, as 

provided under sections 201(m), 228(g), and 1131(b)(2) of the Social 

Security Act, $20,404,000. 

SUPPLEMENTAL SECURITY INCOME PROGRAM

For carrying out titles XI and XVI of the Social Security Act, 

section 401 of Public Law 92–603, section 212 of Public Law 93– 

66, as amended, and section 405 of Public Law 95–216, including 

payment to the Social Security trust funds for administrative 

expenses incurred pursuant to section 201(g)(1) of the Social Security Act, $34,742,000,000, to remain available until expended: Provided, That any portion of the funds provided to a State in the 

current fiscal year and not obligated by the State during that 

year shall be returned to the Treasury. 

For making, after June 15 of the current fiscal year, benefit 

payments to individuals under title XVI of the Social Security 

Act, for unanticipated costs incurred for the current fiscal year, 

such sums as may be necessary. 

For making benefit payments under title XVI of the Social 

Security Act for the first quarter of fiscal year 2011, 

$16,000,000,000, to remain available until expended. 

LIMITATION ON ADMINISTRATIVE EXPENSES

For necessary expenses, including the hire of two passenger 

motor vehicles, and not to exceed $45,000 for official reception 

and representation expenses, not more than $10,800,500,000 may 


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123 STAT. 3278 PUBLIC LAW 111–117—DEC. 16, 2009 

be expended, as authorized by section 201(g)(1) of the Social Security Act, from any one or all of the trust funds referred to therein: 

Provided, That not less than $2,300,000 shall be for the Social 

Security Advisory Board: Provided further, That unobligated balances of funds provided under this paragraph at the end of fiscal 

year 2010 not needed for fiscal year 2010 shall remain available 

until expended to invest in the Social Security Administration 

information technology and telecommunications hardware and software infrastructure, including related equipment and non-payroll 

administrative expenses associated solely with this information 

technology and telecommunications infrastructure: Provided further, 

That reimbursement to the trust funds under this heading for 

expenditures for official time for employees of the Social Security 

Administration pursuant to 5 U.S.C. 7131, and for facilities or 

support services for labor organizations pursuant to policies, regulations, or procedures referred to in section 7135(b) of such title 

shall be made by the Secretary of the Treasury, with interest, 

from amounts in the general fund not otherwise appropriated, as 

soon as possible after such expenditures are made. 

From funds provided under the first paragraph, not less than 

$273,000,000 shall be available for the cost associated with conducting continuing disability reviews under titles II and XVI of 

the Social Security Act and for the cost associated with conducting 

redeterminations of eligibility under title XVI of the Social Security 

Act. 

In addition to the amounts made available above, and subject 

to the same terms and conditions, $485,000,000, for additional 

continuing disability reviews and redeterminations of eligibility, 

of which, upon a determination by the Office of the Chief Actuary 

that such initiative would be at least as cost effective as redeterminations of eligibility, up to $34,000,000 shall be available for 

one or more initiatives to improve asset verification: Provided, 

That the Commissioner shall provide to the Congress (at the conclusion of the fiscal year) a report on the obligation and expenditure 

of these additional amounts, similar to the reports that were 

required by section 103(d)(2) of Public Law 104–121 for fiscal years 

1996 through 2002. 

In addition, $160,000,000 to be derived from administration 

fees in excess of $5.00 per supplementary payment collected pursuant to section 1616(d) of the Social Security Act or section 212(b)(3) 

of Public Law 93–66, which shall remain available until expended. 

To the extent that the amounts collected pursuant to such sections 

in fiscal year 2010 exceed $160,000,000, the amounts shall be 

available in fiscal year 2011 only to the extent provided in advance 

in appropriations Acts. 

In addition, up to $1,000,000 to be derived from fees collected 

pursuant to section 303(c) of the Social Security Protection Act, 

which shall remain available until expended. 

OFFICE OF INSPECTOR GENERAL

(INCLUDING TRANSFER OF FUNDS)

For expenses necessary for the Office of Inspector General 

in carrying out the provisions of the Inspector General Act of 

1978, $29,000,000, together with not to exceed $73,682,000, to be 

transferred and expended as authorized by section 201(g)(1) of 

Reports. 


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PUBLIC LAW 111–117—DEC. 16, 2009 123 STAT. 3279 

the Social Security Act from the Federal Old-Age and Survivors 

Insurance Trust Fund and the Federal Disability Insurance Trust 

Fund. 

In addition, an amount not to exceed 3 percent of the total 

provided in this appropriation may be transferred from the ‘‘Limitation on Administrative Expenses’’, Social Security Administration, 

to be merged with this account, to be available for the time and 

purposes for which this account is available: Provided,That notice 

of such transfers shall be transmitted promptly to the Committees 

on Appropriations of the House of Representatives and the Senate. 

TITLE V 

GENERAL PROVISIONS 

SEC. 501. The Secretaries of Labor, Health and Human Services, and Education are authorized to transfer unexpended balances 

of prior appropriations to accounts corresponding to current appropriations provided in this Act. Such transferred balances shall 

be used for the same purpose, and for the same periods of time, 

for which they were originally appropriated. 

SEC. 502. No part of any appropriation contained in this Act 

shall remain available for obligation beyond the current fiscal year 

unless expressly so provided herein. 

SEC. 503. (a) No part of any appropriation contained in this 

Act shall be used, other than for normal and recognized executivelegislative relationships, for publicity or propaganda purposes, for 

the preparation, distribution, or use of any kit, pamphlet, booklet, 

publication, radio, television, or video presentation designed to support or defeat legislation pending before the Congress or any State 

legislature, except in presentation to the Congress or any State 

legislature itself. 

(b) No part of any appropriation contained in this Act shall 

be used to pay the salary or expenses of any grant or contract 

recipient, or agent acting for such recipient, related to any activity 

designed to influence legislation or appropriations pending before 

the Congress or any State legislature. 

SEC. 504. The Secretaries of Labor and Education are authorized to make available not to exceed $28,000 and $22,000, respectively, from funds available for salaries and expenses under titles 

I and III, respectively, for official reception and representation 

expenses; the Director of the Federal Mediation and Conciliation 

Service is authorized to make available for official reception and 

representation expenses not to exceed $5,000 from the funds available for ‘‘Federal Mediation and Conciliation Service, Salaries and 

expenses’’; and the Chairman of the National Mediation Board 

is authorized to make available for official reception and representation expenses not to exceed $5,000 from funds available for 

‘‘National Mediation Board, Salaries and expenses’’. 

SEC. 505. None of the funds contained in this Act may be 

used to distribute any needle or syringe for the purpose of preventing the spread of blood borne pathogens in any location that 

has been determined by the local public health or local law enforcement authorities to be inappropriate for such distribution. 

SEC. 506. When issuing statements, press releases, requests 

for proposals, bid solicitations and other documents describing 

projects or programs funded in whole or in part with Federal 

Needle 

distribution. 

Lobbying. 

Notice. 


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123 STAT. 3280 PUBLIC LAW 111–117—DEC. 16, 2009 

money, all grantees receiving Federal funds included in this Act, 

including but not limited to State and local governments and recipients of Federal research grants, shall clearly state— 

(1) the percentage of the total costs of the program or 

project which will be financed with Federal money; 

(2) the dollar amount of Federal funds for the project 

or program; and 

(3) percentage and dollar amount of the total costs of the 

project or program that will be financed by non-governmental 

sources. 

SEC. 507. (a) None of the funds appropriated in this Act, and 

none of the funds in any trust fund to which funds are appropriated 

in this Act, shall be expended for any abortion. 

(b) None of the funds appropriated in this Act, and none of 

the funds in any trust fund to which funds are appropriated in 

this Act, shall be expended for health benefits coverage that includes 

coverage of abortion. 

(c) The term ‘‘health benefits coverage’’ means the package 

of services covered by a managed care provider or organization 

pursuant to a contract or other arrangement. 

SEC. 508. (a) The limitations established in the preceding section shall not apply to an abortion— 

(1) if the pregnancy is the result of an act of rape or 

incest; or 

(2) in the case where a woman suffers from a physical 

disorder, physical injury, or physical illness, including a lifeendangering physical condition caused by or arising from the 

pregnancy itself, that would, as certified by a physician, place 

the woman in danger of death unless an abortion is performed. 

(b) Nothing in the preceding section shall be construed as 

prohibiting the expenditure by a State, locality, entity, or private 

person of State, local, or private funds (other than a State’s or 

locality’s contribution of Medicaid matching funds). 

(c) Nothing in the preceding section shall be construed as 

restricting the ability of any managed care provider from offering 

abortion coverage or the ability of a State or locality to contract 

separately with such a provider for such coverage with State funds 

(other than a State’s or locality’s contribution of Medicaid matching 

funds). 

(d)(1) None of the funds made available in this Act may be 

made available to a Federal agency or program, or to a State 

or local government, if such agency, program, or government subjects any institutional or individual health care entity to discrimination on the basis that the health care entity does not provide, 

pay for, provide coverage of, or refer for abortions. 

(2) In this subsection, the term ‘‘health care entity’’ includes 

an individual physician or other health care professional, a hospital, 

a provider-sponsored organization, a health maintenance organization, a health insurance plan, or any other kind of health care 

facility, organization, or plan. 

SEC. 509. (a) None of the funds made available in this Act 

may be used for— 

(1) the creation of a human embryo or embryos for research 

purposes; or 

(2) research in which a human embryo or embryos are 

destroyed, discarded, or knowingly subjected to risk of injury 

or death greater than that allowed for research on fetuses 

Human embryos. 

Abortion. 

Definition. 

Abortion. 


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PUBLIC LAW 111–117—DEC. 16, 2009 123 STAT. 3281 

in utero under 45 CFR 46.204(b) and section 498(b) of the 

Public Health Service Act (42 U.S.C. 289g(b)). 

(b) For purposes of this section, the term ‘‘human embryo 

or embryos’’ includes any organism, not protected as a human 

subject under 45 CFR 46 as of the date of the enactment of this 

Act, that is derived by fertilization, parthenogenesis, cloning, or 

any other means from one or more human gametes or human 

diploid cells. 

SEC. 510. (a) None of the funds made available in this Act 

may be used for any activity that promotes the legalization of 

any drug or other substance included in schedule I of the schedules 

of controlled substances established under section 202 of the Controlled Substances Act except for normal and recognized executivecongressional communications. 

(b) The limitation in subsection (a) shall not apply when there 

is significant medical evidence of a therapeutic advantage to the 

use of such drug or other substance or that federally sponsored 

clinical trials are being conducted to determine therapeutic advantage. 

SEC. 511. None of the funds made available in this Act may 

be used to promulgate or adopt any final standard under section 

1173(b) of the Social Security Act providing for, or providing for 

the assignment of, a unique health identifier for an individual 

(except in an individual’s capacity as an employer or a health 

care provider), until legislation is enacted specifically approving 

the standard. 

SEC. 512. None of the funds made available in this Act may 

be obligated or expended to enter into or renew a contract with 

an entity if— 

(1) such entity is otherwise a contractor with the United 

States and is subject to the requirement in 38 U.S.C. 4212(d) 

regarding submission of an annual report to the Secretary 

of Labor concerning employment of certain veterans; and 

(2) such entity has not submitted a report as required 

by that section for the most recent year for which such requirement was applicable to such entity. 

SEC. 513. None of the funds made available in this Act may 

be transferred to any department, agency, or instrumentality of 

the United States Government, except pursuant to a transfer made 

by, or transfer authority provided in, this Act or any other appropriation Act. 

SEC. 514. None of the funds made available by this Act to 

carry out the Library Services and Technology Act may be made 

available to any library covered by paragraph (1) of section 224(f) 

of such Act, as amended by the Children’s Internet Protection 

Act, unless such library has made the certifications required by 

paragraph (4) of such section. 

SEC. 515. None of the funds made available by this Act to 

carry out part D of title II of the Elementary and Secondary 

Education Act of 1965 may be made available to any elementary 

or secondary school covered by paragraph (1) of section 2441(a) 

of such Act, as amended by the Children’s Internet Protection 

Act and the No Child Left Behind Act, unless the local educational 

agency with responsibility for such covered school has made the 

certifications required by paragraph (2) of such section. 

SEC. 516. (a) None of the funds provided under this Act, or 

provided under previous appropriations Acts to the agencies funded 

Notifications. 

Deadlines. 

Certifications. 

Certifications. 

Reports. 

Contracts. 

Health and 

health care. 

Drugs and drug 

abuse. 

Definition. 


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123 STAT. 3282 PUBLIC LAW 111–117—DEC. 16, 2009 

by this Act that remain available for obligation or expenditure 

in fiscal year 2010, or provided from any accounts in the Treasury 

of the United States derived by the collection of fees available 

to the agencies funded by this Act, shall be available for obligation 

or expenditure through a reprogramming of funds that— 

(1) creates new programs; 

(2) eliminates a program, project, or activity; 

(3) increases funds or personnel by any means for any 

project or activity for which funds have been denied or 

restricted; 

(4) relocates an office or employees; 

(5) reorganizes or renames offices; 

(6) reorganizes programs or activities; or 

(7) contracts out or privatizes any functions or activities 

presently performed by Federal employees; 

unless the Committees on Appropriations of the House of Representatives and the Senate are notified 15 days in advance of such 

reprogramming or of an announcement of intent relating to such 

reprogramming, whichever occurs earlier. 

(b) None of the funds provided under this Act, or provided 

under previous appropriations Acts to the agencies funded by this 

Act that remain available for obligation or expenditure in fiscal 

year 2010, or provided from any accounts in the Treasury of the 

United States derived by the collection of fees available to the 

agencies funded by this Act, shall be available for obligation or 

expenditure through a reprogramming of funds in excess of $500,000 

or 10 percent, whichever is less, that— 

(1) augments existing programs, projects (including 

construction projects), or activities; 

(2) reduces by 10 percent funding for any existing program, 

project, or activity, or numbers of personnel by 10 percent 

as approved by Congress; or 

(3) results from any general savings from a reduction in 

personnel which would result in a change in existing programs, 

activities, or projects as approved by Congress; 

unless the Committees on Appropriations of the House of Representatives and the Senate are notified 15 days in advance of such 

reprogramming or of an announcement of intent relating to such 

reprogramming, whichever occurs earlier. 

SEC. 517. (a) None of the funds made available in this Act 

may be used to request that a candidate for appointment to a 

Federal scientific advisory committee disclose the political affiliation 

or voting history of the candidate or the position that the candidate 

holds with respect to political issues not directly related to and 

necessary for the work of the committee involved. 

(b) None of the funds made available in this Act may be 

used to disseminate scientific information that is deliberately false 

or misleading. 

SEC. 518. Within 45 days of enactment of this Act, each department and related agency funded through this Act shall submit 

an operating plan that details at the program, project, and activity 

level any funding allocations for fiscal year 2010 that are different 

than those specified in this Act, the accompanying detailed table 

in the statement of the managers on the conference report accompanying this Act, or the fiscal year 2010 budget request. 

Deadline. 

Operating plan. 

Scientific 

information. 

Political 

disclosures. 


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PUBLIC LAW 111–117—DEC. 16, 2009 123 STAT. 3283 

SEC. 519. The Secretaries of Labor, Health and Human Services, and Education shall each prepare and submit to the Committees on Appropriations of the House of Representatives and the 

Senate a report on the number and amount of contracts, grants, 

and cooperative agreements exceeding $500,000 in value and 

awarded by the Department on a non-competitive basis during 

each quarter of fiscal year 2010, but not to include grants awarded 

on a formula basis or directed by law. Such report shall include 

the name of the contractor or grantee, the amount of funding, 

the governmental purpose, including a justification for issuing the 

award on a non-competitive basis. Such report shall be transmitted 

to the Committees within 30 days after the end of the quarter 

for which the report is submitted. 

SEC. 520. Section 8103(b) of Public Law 110–28 is amended— 

(1) in paragraph (1)(B), by inserting before the semicolon 

the following: ‘‘, except that, beginning in 2010 and each year 

thereafter, such increase shall occur on September 30’’; and 

(2) in paragraph (2)(C), by inserting before the period the 

following: ‘‘, except that, beginning in 2010 and each year 

thereafter, such increase shall occur on September 30’’. 

SEC. 521. None of the funds appropriated in this Act shall 

be expended or obligated by the Commissioner of Social Security, 

for purposes of administering Social Security benefit payments 

under title II of the Social Security Act, to process any claim 

for credit for a quarter of coverage based on work performed under 

a social security account number that is not the claimant’s number 

and the performance of such work under such number has formed 

the basis for a conviction of the claimant of a violation of section 

208(a)(6) or (7) of the Social Security Act. 

SEC. 522. None of the funds appropriated by this Act may 

be used by the Commissioner of Social Security or the Social Security Administration to pay the compensation of employees of the 

Social Security Administration to administer Social Security benefit 

payments, under any agreement between the United States and 

Mexico establishing totalization arrangements between the social 

security system established by title II of the Social Security Act 

and the social security system of Mexico, which would not otherwise 

be payable but for such agreement. 

SEC. 523. None of the funds made available in this Act may 

be used in contravention of title IV of the Personal Responsibility 

and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1611 

et seq.). 

SEC. 524. (a) IN GENERAL.—Strike subparagraphs (B) and (C) 

that appear within section 426(b) of division J of the Consolidated 

Appropriations Act, 2005 (Public Law 108–447) and insert the following: 

‘‘(B) SECRETARY OF HOMELAND SECURITY.—One-third 

of the amounts deposited into the Fraud Prevention and 

Detection Account shall remain available to the Secretary 

of Homeland Security until expended for programs and 

activities to prevent and detect immigration benefit fraud, 

including fraud with respect to petitions filed under paragraph (1) or (2)(A) of section 214(c) to grant an alien 

nonimmigrant status described in subparagraph (H) or (L) 

of section 101(a)(15). 

‘‘(C) SECRETARY OF LABOR.—One-third of the amounts 

deposited into the Fraud Prevention and Detection Account 

8 USC 1356. 

Mexico. 

Claims. 

29 USC 206 note. 

Deadline. 

Reports. 


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123 STAT. 3284 PUBLIC LAW 111–117—DEC. 16, 2009 

shall remain available to the Secretary of Labor until 

expended for wage and hour enforcement programs and 

activities otherwise authorized to be conducted by the Secretary of Labor that focus on industries likely to employ 

nonimmigrants, including enforcement programs and 

activities described in section 212(n) and enforcement programs and activities related to section 214(c)(14)(A)(i).’’ 

(b) EFFECTIVE DATE.—The amendment made by subsection (a) 

shall take effect on the date of the enactment of this Act. 

SEC. 525. None of the funds made available in this Act may 

be used for first-class travel by the employees of agencies funded 

by this Act in contravention of sections 301–10.124 of title 41, 

Code of Federal Regulations. 

SEC. 526. Specific projects contained in the report of the Committee on Appropriations of the House of Representatives accompanying this Act (H. Rept. 111–220) that are considered congressional earmarks for purposes of clause 9 of rule XXI of the Rules 

of the House of Representatives, when intended to be awarded 

to a for-profit entity, shall be awarded under a full and open 

competition. 

SEC. 527. None of the funds appropriated or otherwise made 

available by this Act may be used to enter into a contract in 

an amount greater than $5,000,000 or to award a grant in excess 

of such amount unless the prospective contractor or grantee certifies 

in writing to the agency awarding the contract or grant that, 

to the best of its knowledge and belief, the contractor or grantee 

has filed all Federal tax returns required during the three years 

preceding the certification, has not been convicted of a criminal 

offense under the Internal Revenue Code of 1986, and has not, 

more than 90 days prior to certification, been notified of any unpaid 

Federal tax assessment for which the liability remains unsatisfied, 

unless the assessment is the subject of an installment agreement 

or offer in compromise that has been approved by the Internal 

Revenue Service and is not in default, or the assessment is the 

subject of a non-frivolous administrative or judicial proceeding. 

This division may be cited as the ‘‘Departments of Labor, Health 

and Human Services, and Education, and Related Agencies Appropriations Act, 2010’’. 

DIVISION E—MILITARY CONSTRUCTION AND VETERANS 

AFFAIRS AND RELATED AGENCIES APPROPRIATIONS ACT, 

2010 

TITLE I 

DEPARTMENT OF DEFENSE 

MILITARY CONSTRUCTION, ARMY

For acquisition, construction, installation, and equipment of 

temporary or permanent public works, military installations, facilities, and real property for the Army as currently authorized by 

law, including personnel in the Army Corps of Engineers and other 

personal services necessary for the purposes of this appropriation, 

and for construction and operation of facilities in support of the 

functions of the Commander in Chief, $3,719,419,000, to remain 

available until September 30, 2014, of which $350,000,000 shall 

Determination. be for trainee troop housing facilities: Provided, That of this amount, 

Notification. 

Military 

Construction and 

Veterans Affairs 

and Related 

Agencies 

Appropriations 

Act, 2010. 

Contracts. 

Certification. 

Earmarks. 

8 USC 1356 note. 


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PUBLIC LAW 111–117—DEC. 16, 2009 123 STAT. 3285 

not to exceed $200,519,000 shall be available for study, planning, 

design, architect and engineer services, and host nation support, 

as authorized by law, unless the Secretary of the Army determines 

that additional obligations are necessary for such purposes and 

notifies the Committees on Appropriations of both Houses of Congress of the determination and the reasons therefor: Provided further, That, not later than 30 days after the date of the enactment 

of this Act, the Secretary of the Army shall submit to the Committees on Appropriations of both Houses of Congress an expenditure 

plan for the funds provided for trainee troop housing facilities: 

Provided further, That the amount appropriated in this paragraph 

shall be for the projects and activities, and in the amounts, specified 

under the heading ‘‘Military Construction, Army’’ and under the 

headings ‘‘Army’’ in the table entitled ‘‘Military Construction’’ in 

the explanatory statement of managers to accompany this Act. 

MILITARY CONSTRUCTION, NAVY AND MARINE CORPS

For acquisition, construction, installation, and equipment of 

temporary or permanent public works, naval installations, facilities, 

and real property for the Navy and Marine Corps as currently 

authorized by law, including personnel in the Naval Facilities 

Engineering Command and other personal services necessary for 

the purposes of this appropriation, $3,769,003,000, to remain available until September 30, 2014: Provided, That of this amount, 

not to exceed $179,652,000 shall be available for study, planning, 

design, and architect and engineer services, as authorized by law, 

unless the Secretary of the Navy determines that additional obligations are necessary for such purposes and notifies the Committees 

on Appropriations of both Houses of Congress of the determination 

and the reasons therefor: Provided further, That the amount appropriated in this paragraph shall be for the projects and activities, 

and in the amounts, specified under the heading ‘‘Military Construction, Navy and Marine Corps’’ and under the headings ‘‘Navy’’ 

in the table entitled ‘‘Military Construction’’ in the explanatory 

statement of managers to accompany this Act. 

MILITARY CONSTRUCTION, AIR FORCE

(INCLUDING RESCISSION OF FUNDS)

For acquisition, construction, installation, and equipment of 

temporary or permanent public works, military installations, facilities, and real property for the Air Force as currently authorized 

by law, $1,450,426,000, to remain available until September 30, 

2014: Provided, That of this amount, not to exceed $103,562,000 

shall be available for study, planning, design, and architect and 

engineer services, as authorized by law, unless the Secretary of 

the Air Force determines that additional obligations are necessary 

for such purposes and notifies the Committees on Appropriations 

of both Houses of Congress of the determination and the reasons 

therefor: Provided further, That the amount appropriated in this 

paragraph shall be for the projects and activities, and in the 

amounts, specified under the heading ‘‘Military Construction, Air 

Force’’ and under the headings ‘‘Air Force’’ in the table entitled 

‘‘Military Construction’’ in the explanatory statement of managers 

Determination. 

Notification. 

Determination. 

Notification. 

Deadline. 

Expenditure 

plan. 


ccoleman on DSK8P6SHH1 with PUBLIC LAWS
123 STAT. 3286 PUBLIC LAW 111–117—DEC. 16, 2009 

to accompany this Act: Provided further, That of the funds appropriated for ‘‘Military Construction, Air Force’’ under Public Law 

110–329, $37,500,000 are hereby rescinded. 

MILITARY CONSTRUCTION, DEFENSE-WIDE

(INCLUDING TRANSFER AND RESCISSION OF FUNDS)

For acquisition, construction, installation, and equipment of 

temporary or permanent public works, installations, facilities, and 

real property for activities and agencies of the Department of 

Defense (other than the military departments), as currently authorized by law, $3,093,679,000, to remain available until September 

30, 2014: Provided, That such amounts of this appropriation as 

may be determined by the Secretary of Defense may be transferred 

to such appropriations of the Department of Defense available for 

military construction or family housing as the Secretary may designate, to be merged with and to be available for the same purposes, 

and for the same time period, as the appropriation or fund to 

which transferred: Provided further, That of the amount appro- priated, not to exceed $131,942,000 shall be available for study, 

planning, design, and architect and engineer services, as authorized 

by law, unless the Secretary of Defense determines that additional 

obligations are necessary for such purposes and notifies the Committees on Appropriations of both Houses of Congress of the determination and the reasons therefor: Provided further, That of the amount 

appropriated, notwithstanding any other provision of law, not to 

exceed $41,400,000 shall be available for payments to the North 

Atlantic Treaty Organization for the planning, design, and construction of a new North Atlantic Treaty Organization headquarters: 

Provided further, That the amount appropriated in this paragraph 

shall be for the projects and activities, and in the amounts, specified 

under the heading ‘‘Military Construction, Defense-Wide’’ and under 

the headings ‘‘Defense-Wide’’ in the table entitled ‘‘Military 

Construction’’ in the explanatory statement of managers to accompany this Act: Provided further, That of the funds appropriated 

for ‘‘Military Construction, Defense-Wide’’ under Public Law 110– 

329, $151,160,000 are hereby rescinded. 

MILITARY CONSTRUCTION, ARMY NATIONAL GUARD

For construction, acquisition, expansion, rehabilitation, and 

conversion of facilities for the training and administration of the 

Army National Guard, and contributions therefor, as authorized 

by chapter 1803 of title 10, United States Code, and Military 

Construction Authorization Acts, $582,056,000, to remain available 

until September 30, 2014, of which $30,000,000 shall be for critical 

unfunded requirements: Provided, That of the amount appropriated, 

not to exceed $47,429,000 shall be available for study, planning, 

design, and architect and engineer services, as authorized by law, 

unless the Director of the Army National Guard determines that 

additional obligations are necessary for such purposes and notifies 

the Committees on Appropriations of both Houses of Congress of 

the determination and the reasons therefor: Provided further, That, 

not later than 30 days after the date of the enactment of this 

Act, the Director of the Army National Guard shall submit to 

the Committees on Appropriations of both Houses of Congress an 

expenditure plan for the funds provided for critical unfunded 

Deadline. 

Expenditure 

plan. 

Determination. 

Notification. 

Determination. 

Notification. 


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PUBLIC LAW 111–117—DEC. 16, 2009 123 STAT. 3287 

requirements: Provided further, That the amount appropriated in 

this paragraph shall be for the projects and activities, and in 

the amounts, specified under the heading ‘‘Military Construction, 

Army National Guard’’ and under the headings ‘‘Army National 

Guard’’ in the table entitled ‘‘Military Construction’’ in the explanatory statement of managers to accompany this Act. 

MILITARY CONSTRUCTION, AIR NATIONAL GUARD

For construction, acquisition, expansion, rehabilitation, and 

conversion of facilities for the training and administration of the 

Air National Guard, and contributions therefor, as authorized by 

chapter 1803 of title 10, United States Code, and Military Construction Authorization Acts, $371,226,000, to remain available until 

September 30, 2014, of which $30,000,000 shall be for critical 

unfunded requirements: Provided, That of the amount appropriated, not to exceed $20,021,000 shall be available for study, planning, 

design, and architect and engineer services, as authorized by law, 

unless the Director of the Air National Guard determines that 

additional obligations are necessary for such purposes and notifies 

the Committees on Appropriations of both Houses of Congress of 

the determination and the reasons therefor: Provided further, That, 

not later than 30 days after the date of the enactment of this 

Act, the Director of the Air National Guard shall submit to the 

Committees on Appropriations of both Houses of Congress an 

expenditure plan for the funds provided for critical unfunded 

requirements: Provided further, That the amount appropriated in 

this paragraph shall be for the projects and activities, and in 

the amounts, specified under the heading ‘‘Military Construction, 

Air National Guard’’ and under the headings ‘‘Air National Guard’’ 

in the table entitled ‘‘Military Construction’’ in the explanatory 

statement of managers to accompany this Act. 

MILITARY CONSTRUCTION, ARMY RESERVE

For construction, acquisition, expansion, rehabilitation, and 

conversion of facilities for the training and administration of the 

Army Reserve as authorized by chapter 1803 of title 10, United 

States Code, and Military Construction Authorization Acts, 

$431,566,000, to remain available until September 30, 2014, of 

which $30,000,000 shall be for critical unfunded requirements: Provided, That of the amount appropriated, not to exceed $22,716,000 

shall be available for study, planning, design, and architect and 

engineer services, as authorized by law, unless the Secretary of 

the Army determines that additional obligations are necessary for 

such purposes and notifies the Committees on Appropriations of 

both Houses of Congress of the determination and the reasons 

therefor: Provided further, That, not later than 30 days after the 

date of the enactment of this Act, the Chief of Army Reserve 

shall submit to the Committees on Appropriations of both Houses 

of Congress an expenditure plan for the funds provided for critical 

unfunded requirements: Provided further, That the amount appropriated in this paragraph shall be for the projects and activities, 

and in the amounts, specified under the heading ‘‘Military Construction, Army Reserve’’ and under the headings ‘‘Army Reserve’’ in 

the table entitled ‘‘Military Construction’’ in the explanatory statement of managers to accompany this Act. 

Deadline. 

Expenditure 

plan. 

Determination. 

Notification. 

Deadline. 

Expenditure 

plan. 

Determination. 

Notification. 


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123 STAT. 3288 PUBLIC LAW 111–117—DEC. 16, 2009 

MILITARY CONSTRUCTION, NAVY RESERVE

For construction, acquisition, expansion, rehabilitation, and 

conversion of facilities for the training and administration of the 

reserve components of the Navy and Marine Corps as authorized 

by chapter 1803 of title 10, United States Code, and Military 

Construction Authorization Acts, $125,874,000, to remain available 

until September 30, 2014, of which $20,000,000 shall be for critical 

unfunded requirements of the Navy Reserve and $35,000,000 shall 

be for critical unfunded requirements of the Marine Forces Reserve: 

Provided, That of the amount appropriated, not to exceed $2,951,000 

shall be available for study, planning, design, and architect and 

engineer services, as authorized by law, unless the Secretary of 

the Navy determines that additional obligations are necessary for 

such purposes and notifies the Committees on Appropriations of 

both Houses of Congress of the determination and the reasons 

therefor: Provided further, That, not later than 30 days after the 

date of the enactment of this Act, the Chief of Navy Reserve 

and the Commander, Marine Forces Reserve shall submit to the 

Committees on Appropriations of both Houses of Congress an 

expenditure plan for the funds provided for critical unfunded 

requirements: Provided further, That the amount appropriated in 

this paragraph shall be for the projects and activities, and in 

the amounts, specified under the heading ‘‘Military Construction, 

Navy Reserve’’ and under the headings ‘‘Navy Reserve’’ in the 

table entitled ‘‘Military Construction’’ in the explanatory statement 

of managers to accompany this Act. 

MILITARY CONSTRUCTION, AIR FORCE RESERVE

For construction, acquisition, expansion, rehabilitation, and 

conversion of facilities for the training and administration of the 

Air Force Reserve as authorized by chapter 1803 of title 10, United 

States Code, and Military Construction Authorization Acts, 

$112,269,000, to remain available until September 30, 2014, of 

which $55,000,000 shall be for critical unfunded requirements: Provided, That of the amount appropriated, not to exceed $3,869,000 

shall be available for study, planning, design, and architect and 

engineer services, as authorized by law, unless the Secretary of 

the Air Force determines that additional obligations are necessary 

for such purposes and notifies the Committees on Appropriations 

of both Houses of Congress of the determination and the reasons 

therefor: Provided further, That, not later than 30 days after the 

date of the enactment of this Act, the Chief of Air Force Reserve 

shall submit to the Committees on Appropriations of both Houses 

of Congress an expenditure plan for the funds provided for critical 

unfunded requirements: Provided further, That the amount appropriated in this paragraph shall be for the projects and activities, 

and in the amounts, specified under the heading ‘‘Military Construction, Air Force Reserve’’ and under the headings ‘‘Air Force Reserve’’ 

in the table entitled ‘‘Military Construction’’ in the explanatory 

statement of managers to accompany this Act. 

Deadline. 

Expenditure 

plan. 

Determination. 

Notification. 

Deadline. 

Expenditure 

plan. 

Determination. 

Notification. 


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PUBLIC LAW 111–117—DEC. 16, 2009 123 STAT. 3289 

NORTH ATLANTIC TREATY ORGANIZATION

SECURITY INVESTMENT PROGRAM

For the United States share of the cost of the North Atlantic 

Treaty Organization Security Investment Program for the acquisition and construction of military facilities and installations 

(including international military headquarters) and for related 

expenses for the collective defense of the North Atlantic Treaty 

Area as authorized by section 2806 of title 10, United States Code, 

and Military Construction Authorization Acts, $197,414,000, to 

remain available until expended. 

FAMILY HOUSING CONSTRUCTION, ARMY

For expenses of family housing for the Army for construction, 

including acquisition, replacement, addition, expansion, extension, 

and alteration, as authorized by law, $273,236,000, to remain available until September 30, 2014: Provided, That the amount appropriated in this paragraph shall be for the projects and activities, 

and in the amounts, specified under the heading ‘‘Family Housing 

Construction, Army’’ in the table entitled ‘‘Military Construction’’ 

in the explanatory statement of managers to accompany this Act. 

FAMILY HOUSING OPERATION AND MAINTENANCE, ARMY

For expenses of family housing for the Army for operation 

and maintenance, including debt payment, leasing, minor construction, principal and interest charges, and insurance premiums, as 

authorized by law, $523,418,000. 

FAMILY HOUSING CONSTRUCTION, NAVY AND MARINE CORPS

For expenses of family housing for the Navy and Marine Corps 

for construction, including acquisition, replacement, addition, 

expansion, extension, and alteration, as authorized by law, 

$146,569,000, to remain available until September 30, 2014: Provided, That the amount appropriated in this paragraph shall be 

for the projects and activities, and in the amounts, specified under 

the heading ‘‘Family Housing Construction, Navy and Marine 

Corps’’ in the table entitled ‘‘Military Construction’’ in the explanatory statement of managers to accompany this Act. 

FAMILY HOUSING OPERATION AND MAINTENANCE, NAVY AND

MARINE CORPS

For expenses of family housing for the Navy and Marine Corps 

for operation and maintenance, including debt payment, leasing, 

minor construction, principal and interest charges, and insurance 

premiums, as authorized by law, $368,540,000. 

FAMILY HOUSING CONSTRUCTION, AIR FORCE

For expenses of family housing for the Air Force for construction, including acquisition, replacement, addition, expansion, extension, and alteration, as authorized by law, $66,101,000, to remain 

available until September 30, 2014: Provided, That the amount 

appropriated in this paragraph shall be for the projects and activities, and in the amounts, specified under the heading ‘‘Family 


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123 STAT. 3290 PUBLIC LAW 111–117—DEC. 16, 2009 

Housing Construction, Air Force’’ in the table entitled ‘‘Military 

Construction’’ in the explanatory statement of managers to accompany this Act. 

FAMILY HOUSING OPERATION AND MAINTENANCE, AIR FORCE

For expenses of family housing for the Air Force for operation 

and maintenance, including debt payment, leasing, minor construction, principal and interest charges, and insurance premiums, as 

authorized by law, $502,936,000. 

FAMILY HOUSING CONSTRUCTION, DEFENSE-WIDE

For expenses of family housing for the activities and agencies 

of the Department of Defense (other than the military departments) 

for construction, including acquisition, replacement, addition, 

expansion, extension, and alteration, as authorized by law, 

$2,859,000, to remain available until September 30, 2014: Provided, 

That the amount appropriated in this paragraph shall be for the 

projects and activities, and in the amounts, specified under the 

heading ‘‘Family Housing Construction, Defense-Wide’’ in the table 

entitled ‘‘Military Construction’’ in the explanatory statement of 

managers to accompany this Act. 

FAMILY HOUSING OPERATION AND MAINTENANCE, DEFENSE-WIDE

For expenses of family housing for the activities and agencies 

of the Department of Defense (other than the military departments) 

for operation and maintenance, leasing, and minor construction, 

as authorized by law, $49,214,000. 

DEPARTMENT OF DEFENSE FAMILY HOUSING IMPROVEMENT FUND

For the Department of Defense Family Housing Improvement Fund, $2,600,000, to remain available until expended, for family 

housing initiatives undertaken pursuant to section 2883 of title 

10, United States Code, providing alternative means of acquiring 

and improving military family housing and supporting facilities. 

HOMEOWNERS ASSISTANCE FUND

For the Homeowners Assistance Fund established by section 

1013 of the Demonstration Cities and Metropolitan Development 

Act of 1966 (42 U.S.C. 3374), as amended by section 1001 of division 

A of the American Recovery and Reinvestment Act of 2009 (Public 

Law 111–5; 123 Stat. 194), $323,225,000, to remain available until 

expended. 

CHEMICAL DEMILITARIZATION CONSTRUCTION, DEFENSE-WIDE

For expenses of construction, not otherwise provided for, necessary for the destruction of the United States stockpile of lethal 

chemical agents and munitions in accordance with section 1412 

of the Department of Defense Authorization Act, 1986 (50 U.S.C. 

1521), and for the destruction of other chemical warfare materials 

that are not in the chemical weapon stockpile, as currently authorized by law, $151,541,000, to remain available until September 

30, 2014, which shall be only for the Assembled Chemical Weapons 

Alternatives program: Provided, That the amount appropriated in 


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PUBLIC LAW 111–117—DEC. 16, 2009 123 STAT. 3291 

this paragraph shall be for the projects and activities, and in 

the amounts, specified under the headings ‘‘Chemical Demilitarization Construction, Defense-Wide’’ in the table entitled ‘‘Military 

Construction’’ in the explanatory statement of managers to accompany this Act. 

DEPARTMENT OF DEFENSE BASE CLOSURE ACCOUNT 1990 

For deposit into the Department of Defense Base Closure 

Account 1990, established by section 2906(a)(1) of the Defense Base 

Closure and Realignment Act of 1990 (10 U.S.C. 2687 note), 

$496,768,000, to remain available until expended. 

DEPARTMENT OF DEFENSE BASE CLOSURE ACCOUNT 2005 

For deposit into the Department of Defense Base Closure 

Account 2005, established by section 2906A(a)(1) of the Defense 

Base Closure and Realignment Act of 1990 (10 U.S.C. 2687 note), 

$7,455,498,000, to remain available until expended: Provided, That 

the Department of Defense shall notify the Committees on Appropriations of both Houses of Congress 14 days prior to obligating 

an amount for a construction project that exceeds or reduces the 

amount identified for that project in the most recently submitted 

budget request for this account by 20 percent or $2,000,000, whichever is less: Provided further, That the previous proviso shall not apply to projects costing less than $5,000,000, except for those 

projects not previously identified in any budget submission for 

this account and exceeding the minor construction threshold under 

section 2805 of title 10, United States Code. 

ADMINISTRATIVE PROVISIONS

SEC. 101. None of the funds made available in this title shall 

be expended for payments under a cost-plus-a-fixed-fee contract 

for construction, where cost estimates exceed $25,000, to be performed within the United States, except Alaska, without the specific 

approval in writing of the Secretary of Defense setting forth the 

reasons therefor. 

SEC. 102. Funds made available in this title for construction 

shall be available for hire of passenger motor vehicles. 

SEC. 103. Funds made available in this title for construction 

may be used for advances to the Federal Highway Administration, 

Department of Transportation, for the construction of access roads 

as authorized by section 210 of title 23, United States Code, when 

projects authorized therein are certified as important to the national 

defense by the Secretary of Defense. 

SEC. 104. None of the funds made available in this title may 

be used to begin construction of new bases in the United States 

for which specific appropriations have not been made. 

SEC. 105. None of the funds made available in this title shall 

be used for purchase of land or land easements in excess of 100 

percent of the value as determined by the Army Corps of Engineers 

or the Naval Facilities Engineering Command, except: (1) where 

there is a determination of value by a Federal court; (2) purchases 

negotiated by the Attorney General or the designee of the Attorney 

General; (3) where the estimated value is less than $25,000; or 

(4) as otherwise determined by the Secretary of Defense to be 

in the public interest. 

Certification. 

Contracts. 

Notification. 

Deadline. 


ccoleman on DSK8P6SHH1 with PUBLIC LAWS
123 STAT. 3292 PUBLIC LAW 111–117—DEC. 16, 2009 

SEC. 106. None of the funds made available in this title shall 

be used to: (1) acquire land; (2) provide for site preparation; or 

(3) install utilities for any family housing, except housing for which 

funds have been made available in annual Acts making appropriations for military construction. 

SEC. 107. None of the funds made available in this title for 

minor construction may be used to transfer or relocate any activity 

from one base or installation to another, without prior notification 

to the Committees on Appropriations of both Houses of Congress. 

SEC. 108. None of the funds made available in this title may 

be used for the procurement of steel for any construction project 

or activity for which American steel producers, fabricators, and 

manufacturers have been denied the opportunity to compete for 

such steel procurement. 

SEC. 109. None of the funds available to the Department of 

Defense for military construction or family housing during the 

current fiscal year may be used to pay real property taxes in 

any foreign nation. 

SEC. 110. None of the funds made available in this title may 

be used to initiate a new installation overseas without prior notification to the Committees on Appropriations of both Houses of Congress. 

SEC. 111. None of the funds made available in this title may 

be obligated for architect and engineer contracts estimated by the 

Government to exceed $500,000 for projects to be accomplished 

in Japan, in any North Atlantic Treaty Organization member 

country, or in countries bordering the Arabian Sea, unless such 

contracts are awarded to United States firms or United States 

firms in joint venture with host nation firms. 

SEC. 112. None of the funds made available in this title for 

military construction in the United States territories and possessions in the Pacific and on Kwajalein Atoll, or in countries bordering 

the Arabian Sea, may be used to award any contract estimated 

by the Government to exceed $1,000,000 to a foreign contractor: 

Provided, That this section shall not be applicable to contract 

awards for which the lowest responsive and responsible bid of 

a United States contractor exceeds the lowest responsive and 

responsible bid of a foreign contractor by greater than 20 percent: 

Provided further, That this section shall not apply to contract 

awards for military construction on Kwajalein Atoll for which the 

lowest responsive and responsible bid is submitted by a Marshallese 

contractor. 

SEC. 113. The Secretary of Defense is to inform the appropriate 

committees of both Houses of Congress, including the Committees 

on Appropriations, of the plans and scope of any proposed military 

exercise involving United States personnel 30 days prior to its 

occurring, if amounts expended for construction, either temporary 

or permanent, are anticipated to exceed $100,000. 

SEC. 114. Not more than 20 percent of the funds made available 

in this title which are limited for obligation during the current 

fiscal year shall be obligated during the last two months of the 

fiscal year. 

SEC. 115. Funds appropriated to the Department of Defense 

for construction in prior years shall be available for construction 

authorized for each such military department by the authorizations 

enacted into law during the current session of Congress. 

Notification. 

Military exercise. 

Deadline. 

Contracts. 

Kwajalein Atoll. 

Contracts. 

Japan. 

Notification. 

Steel. 

Notification. 


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PUBLIC LAW 111–117—DEC. 16, 2009 123 STAT. 3293 

SEC. 116. For military construction or family housing projects 

that are being completed with funds otherwise expired or lapsed 

for obligation, expired or lapsed funds may be used to pay the 

cost of associated supervision, inspection, overhead, engineering 

and design on those projects and on subsequent claims, if any. 

SEC. 117. Notwithstanding any other provision of law, any 

funds made available to a military department or defense agency 

for the construction of military projects may be obligated for a 

military construction project or contract, or for any portion of such 

a project or contract, at any time before the end of the fourth 

fiscal year after the fiscal year for which funds for such project 

were made available, if the funds obligated for such project: (1) 

are obligated from funds available for military construction projects; 

and (2) do not exceed the amount appropriated for such project, 

plus any amount by which the cost of such project is increased 

pursuant to law. 

SEC. 118. (a) The Secretary of Defense, in consultation with 

the Secretary of State, shall submit to the Committees on Appropriations of both Houses of Congress, by February 15 of each 

year, an annual report in unclassified and, if necessary, classified 

form, on actions taken by the Department of Defense and the 

Department of State during the previous fiscal year to encourage 

host countries to assume a greater share of the common defense 

burden of such countries and the United States. 

(b) The report under subsection (a) shall include a description 

of— 

(1) attempts to secure cash and in-kind contributions from 

host countries for military construction projects; 

(2) attempts to achieve economic incentives offered by host 

countries to encourage private investment for the benefit of 

the United States Armed Forces; 

(3) attempts to recover funds due to be paid to the United 

States by host countries for assets deeded or otherwise imparted 

to host countries upon the cessation of United States operations 

at military installations; 

(4) the amount spent by host countries on defense, in 

dollars and in terms of the percent of gross domestic product 

(GDP) of the host country; and 

(5) for host countries that are members of the North 

Atlantic Treaty Organization (NATO), the amount contributed 

to NATO by host countries, in dollars and in terms of the 

percent of the total NATO budget. 

(c) In this section, the term ‘‘host country’’ means other member 

countries of NATO, Japan, South Korea, and United States allies 

bordering the Arabian Sea. 

(INCLUDING TRANSFER OF FUNDS)

SEC. 119. In addition to any other transfer authority available 

to the Department of Defense, proceeds deposited to the Department 

of Defense Base Closure Account established by section 207(a)(1) 

of the Defense Authorization Amendments and Base Closure and 

Realignment Act (10 U.S.C. 2687 note) pursuant to section 

207(a)(2)(C) of such Act, may be transferred to the account established by section 2906(a)(1) of the Defense Base Closure and 

Realignment Act of 1990 (10 U.S.C. 2687 note), to be merged 

Definition. 

Deadline. 

Reports. 

Classified 

information. 

22 USC 1928 

note. 


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123 STAT. 3294 PUBLIC LAW 111–117—DEC. 16, 2009 

with, and to be available for the same purposes and the same 

time period as that account. 

(INCLUDING TRANSFER OF FUNDS)

SEC. 120. Subject to 30 days prior notification, or 14 days 

for a notification provided in an electronic medium pursuant to 

sections 480 and 2883, of title 10, United States Code, to the 

Committees on Appropriations of both Houses of Congress, such 

additional amounts as may be determined by the Secretary of 

Defense may be transferred to: (1) the Department of Defense 

Family Housing Improvement Fund from amounts appropriated 

for construction in ‘‘Family Housing’’ accounts, to be merged with 

and to be available for the same purposes and for the same period 

of time as amounts appropriated directly to the Fund; or (2) the 

Department of Defense Military Unaccompanied Housing Improvement Fund from amounts appropriated for construction of military 

unaccompanied housing in ‘‘Military Construction’’ accounts, to be 

merged with and to be available for the same purposes and for 

the same period of time as amounts appropriated directly to the 

Fund: Provided, That appropriations made available to the Funds 

shall be available to cover the costs, as defined in section 502(5) 

of the Congressional Budget Act of 1974, of direct loans or loan 

guarantees issued by the Department of Defense pursuant to the 

provisions of subchapter IV of chapter 169 of title 10, United States 

Code, pertaining to alternative means of acquiring and improving 

military family housing, military unaccompanied housing, and supporting facilities. 

SEC. 121. (a) Not later than 60 days before issuing any solicitation for a contract with the private sector for military family housing 

the Secretary of the military department concerned shall submit 

to the Committees on Appropriations of both Houses of Congress 

the notice described in subsection (b). 

(b)(1) A notice referred to in subsection (a) is a notice of any 

guarantee (including the making of mortgage or rental payments) 

proposed to be made by the Secretary to the private party under 

the contract involved in the event of— 

(A) the closure or realignment of the installation for which 

housing is provided under the contract; 

(B) a reduction in force of units stationed at such installation; or 

(C) the extended deployment overseas of units stationed 

at such installation. 

(2) Each notice under this subsection shall specify the nature 

of the guarantee involved and assess the extent and likelihood, 

if any, of the liability of the Federal Government with respect 

to the guarantee. 

(INCLUDING TRANSFER OF FUNDS)

SEC. 122. In addition to any other transfer authority available 

to the Department of Defense, amounts may be transferred from 

the accounts established by sections 2906(a)(1) and 2906A(a)(1) 

of the Defense Base Closure and Realignment Act of 1990 (10 

U.S.C. 2687 note), to the fund established by section 1013(d) of 

the Demonstration Cities and Metropolitan Development Act of 

1966 (42 U.S.C. 3374) to pay for expenses associated with the 

Homeowners Assistance Program incurred under 42 U.S.C. 

Deadline. 

Contracts. 

Notice. 

Deadlines. 

Notifications. 


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PUBLIC LAW 111–117—DEC. 16, 2009 123 STAT. 3295 

3374(a)(1)(A). Any amounts transferred shall be merged with and 

be available for the same purposes and for the same time period 

as the fund to which transferred. 

SEC. 123. Notwithstanding any other provision of law, funds 

made available in this title for operation and maintenance of family 

housing shall be the exclusive source of funds for repair and maintenance of all family housing units, including general or flag officer 

quarters: Provided, That not more than $35,000 per unit may 

be spent annually for the maintenance and repair of any general 

or flag officer quarters without 30 days prior notification, or 14 

days for a notification provided in an electronic medium pursuant 

to sections 480 and 2883 of title 10, United States Code, to the 

Committees on Appropriations of both Houses of Congress, except 

that an after-the-fact notification shall be submitted if the limitation 

is exceeded solely due to costs associated with environmental 

remediation that could not be reasonably anticipated at the time 

of the budget submission: Provided further, That the Under Secretary of Defense (Comptroller) is to report annually to the Committees on Appropriations of both Houses of Congress all operation 

and maintenance expenditures for each individual general or flag 

officer quarters for the prior fiscal year. 

SEC. 124. Amounts contained in the Ford Island Improvement 

Account established by subsection (h) of section 2814 of title 10, 

United States Code, are appropriated and shall be available until 

expended for the purposes specified in subsection (i)(1) of such 

section or until transferred pursuant to subsection (i)(3) of such 

section. 

(INCLUDING TRANSFER OF FUNDS)

SEC. 125. None of the funds made available in this title, or 

in any Act making appropriations for military construction which 

remain available for obligation, may be obligated or expended to 

carry out a military construction, land acquisition, or family housing 

project at or for a military installation approved for closure, or 

at a military installation for the purposes of supporting a function 

that has been approved for realignment to another installation, 

in 2005 under the Defense Base Closure and Realignment Act 

of 1990 (part A of title XXIX of Public Law 101–510; 10 U.S.C. 

2687 note), unless such a project at a military installation approved 

for realignment will support a continuing mission or function at 

that installation or a new mission or function that is planned 

for that installation, or unless the Secretary of Defense certifies 

that the cost to the United States of carrying out such project 

would be less than the cost to the United States of cancelling 

such project, or if the project is at an active component base that 

shall be established as an enclave or in the case of projects having 

multi-agency use, that another Government agency has indicated 

it will assume ownership of the completed project. The Secretary 

of Defense may not transfer funds made available as a result 

of this limitation from any military construction project, land 

acquisition, or family housing project to another account or use 

such funds for another purpose or project without the prior approval 

of the Committees on Appropriations of both Houses of Congress. 

This section shall not apply to military construction projects, land 

acquisition, or family housing projects for which the project is 

vital to the national security or the protection of health, safety, 

Certification. 

Reports. 

Deadline. 

Deadlines. 

Notifications. 

10 USC 2821 

note. 


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123 STAT. 3296 PUBLIC LAW 111–117—DEC. 16, 2009 

or environmental quality: Provided, That the Secretary of Defense 

shall notify the congressional defense committees within seven days 

of a decision to carry out such a military construction project. 

(INCLUDING TRANSFER OF FUNDS)

SEC. 126. During the 5-year period after appropriations available in this Act to the Department of Defense for military construction and family housing operation and maintenance and construction have expired for obligation, upon a determination that such 

appropriations will not be necessary for the liquidation of obligations 

or for making authorized adjustments to such appropriations for 

obligations incurred during the period of availability of such appropriations, unobligated balances of such appropriations may be transferred into the appropriation ‘‘Foreign Currency Fluctuations, 

Construction, Defense’’, to be merged with and to be available 

for the same time period and for the same purposes as the appropriation to which transferred. 

SEC. 127. None of the funds appropriated or otherwise made 

available in this title may be used for any action that is related 

to or promotes the expansion of the boundaries or size of the 

Pinon Canyon Maneuver Site, Colorado. 

SEC. 128. Amounts appropriated or otherwise made available 

in an account funded under the headings in this title may be 

transferred among projects and activities within the account in 

accordance with the reprogramming guidelines for military 

construction and family housing construction contained in the 

explanatory statement of managers to accompany this Act and 

in the guidance for military construction reprogrammings and 

notifications contained in Department of Defense Financial Management Regulation 7000.14–R, Volume 3, Chapter 7, of December 

1996, as in effect on the date of enactment of this Act. 

SEC. 129. Of the funds made available in this title, the following 

accounts are hereby reduced in the following amounts to reflect 

adjusted inflation and bid savings projections: ‘‘Military Construction, Army’’, $230,000,000; ‘‘Military Construction, Navy and Marine 

Corps’’, $235,000,000; and ‘‘Military Construction, Air Force’’, 

$64,091,000. 

SEC. 130. Of the funds made available under the following 

headings in Public Law 110–329, the following amounts associated 

with unobligated balances are hereby rescinded: ‘‘Military Construction, Army’’, $33,000,000; ‘‘Military Construction, Navy and Marine 

Corps’’, $51,468,000; ‘‘Military Construction, Defense-Wide’’, 

$93,268,000; ‘‘Military Construction, Army National Guard’’, 

$33,000,000; and ‘‘Military Construction, Air National Guard’’, 

$7,000,000. 

Colorado. 

Time period. 

Determination. 

Notification. 

Deadline. 


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PUBLIC LAW 111–117—DEC. 16, 2009 123 STAT. 3297 

TITLE II 

DEPARTMENT OF VETERANS AFFAIRS 

VETERANS BENEFITS ADMINISTRATION

COMPENSATION AND PENSIONS

(INCLUDING TRANSFER OF FUNDS)

For the payment of compensation benefits to or on behalf of 

veterans and a pilot program for disability examinations as authorized by section 107 and chapters 11, 13, 18, 51, 53, 55, and 61 

of title 38, United States Code; pension benefits to or on behalf 

of veterans as authorized by chapters 15, 51, 53, 55, and 61 of 

title 38, United States Code; and burial benefits, the Reinstated 

Entitlement Program for Survivors, emergency and other officers’ 

retirement pay, adjusted-service credits and certificates, payment 

of premiums due on commercial life insurance policies guaranteed 

under the provisions of title IV of the Servicemembers Civil Relief 

Act (50 U.S.C. App. 541 et seq.) and for other benefits as authorized 

by sections 107, 1312, 1977, and 2106, and chapters 23, 51, 53, 

55, and 61 of title 38, United States Code, $47,396,106,000, to 

remain available until expended: Provided, That not to exceed 

$29,283,000 of the amount appropriated under this heading shall 

be reimbursed to ‘‘General operating expenses’’, ‘‘Medical support 

and compliance’’, and ‘‘Information technology systems’’ for necessary expenses in implementing the provisions of chapters 51, 

53, and 55 of title 38, United States Code, the funding source 

for which is specifically provided as the ‘‘Compensation and pensions’’ appropriation: Provided further, That such sums as may 

be earned on an actual qualifying patient basis, shall be reimbursed 

to ‘‘Medical care collections fund’’ to augment the funding of individual medical facilities for nursing home care provided to pensioners as authorized. 

READJUSTMENT BENEFITS

For the payment of readjustment and rehabilitation benefits 

to or on behalf of veterans as authorized by chapters 21, 30, 31, 

33, 34, 35, 36, 39, 51, 53, 55, and 61 of title 38, United States 

Code, $9,232,369,000, to remain available until expended: Provided, 

That expenses for rehabilitation program services and assistance 

which the Secretary is authorized to provide under subsection (a) 

of section 3104 of title 38, United States Code, other than under 

paragraphs (1), (2), (5), and (11) of that subsection, shall be charged 

to this account. 

VETERANS INSURANCE AND INDEMNITIES

For military and naval insurance, national service life insurance, servicemen’s indemnities, service-disabled veterans insurance, 

and veterans mortgage life insurance as authorized by title 38, 

United States Code, chapters 19 and 21, $49,288,000, to remain 

available until expended. 


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123 STAT. 3298 PUBLIC LAW 111–117—DEC. 16, 2009 

VETERANS HOUSING BENEFIT PROGRAM FUND

For the cost of direct and guaranteed loans, such sums as 

may be necessary to carry out the program, as authorized by subchapters I through III of chapter 37 of title 38, United States 

Code: Provided, That such costs, including the cost of modifying 

such loans, shall be as defined in section 502 of the Congressional 

Budget Act of 1974: Provided further, That during fiscal year 2010, 

within the resources available, not to exceed $500,000 in gross 

obligations for direct loans are authorized for specially adapted 

housing loans. 

In addition, for administrative expenses to carry out the direct 

and guaranteed loan programs, $165,082,000. 

VOCATIONAL REHABILITATION LOANS PROGRAM ACCOUNT

For the cost of direct loans, $29,000, as authorized by chapter 

31 of title 38, United States Code: Provided, That such costs, 

including the cost of modifying such loans, shall be as defined 

in section 502 of the Congressional Budget Act of 1974: Provided 

further, That funds made available under this heading are available 

to subsidize gross obligations for the principal amount of direct 

loans not to exceed $2,298,000. 

In addition, for administrative expenses necessary to carry 

out the direct loan program, $328,000, which may be paid to the 

appropriation for ‘‘General operating expenses’’. 

NATIVE AMERICAN VETERAN HOUSING LOAN PROGRAM ACCOUNT

For administrative expenses to carry out the direct loan program authorized by subchapter V of chapter 37 of title 38, United 

States Code, $664,000. 

GUARANTEED TRANSITIONAL HOUSING LOANS FOR HOMELESS

VETERANS PROGRAM ACCOUNT

For the administrative expenses to carry out the guaranteed 

transitional housing loan program authorized by subchapter VI 

of chapter 20 of title 38, United States Code, not to exceed $750,000 

of the amounts appropriated by this Act for ‘‘General operating 

expenses’’ and ‘‘Medical support and compliance’’ may be expended. 

VETERANS HEALTH ADMINISTRATION

MEDICAL SERVICES

(INCLUDING TRANSFER OF FUNDS)

For necessary expenses for furnishing, as authorized by law, 

inpatient and outpatient care and treatment to beneficiaries of 

the Department of Veterans Affairs and veterans described in section 1705(a) of title 38, United States Code, including care and 

treatment in facilities not under the jurisdiction of the Department, 

and including medical supplies and equipment, food services, and 

salaries and expenses of health care employees hired under title 

38, United States Code, and aid to State homes as authorized 

by section 1741 of title 38, United States Code; $71,843,500,000, 


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PUBLIC LAW 111–117—DEC. 16, 2009 123 STAT. 3299 

plus reimbursements, of which $37,136,000,000 shall become available on October 1, 2010, and shall remain available until September 

30, 2011: Provided, That, of the amount made available under 

this heading for fiscal year 2010, not to exceed $1,015,000,000 

shall remain available until September 30, 2011: Provided further, 

That, notwithstanding any other provision of law, the Secretary 

of Veterans Affairs shall establish a priority for the provision of 

medical treatment for veterans who have service-connected disabilities, lower income, or have special needs: Provided further, That, 

notwithstanding any other provision of law, the Secretary of Veterans Affairs shall give priority funding for the provision of basic 

medical benefits to veterans in enrollment priority groups 1 through 

6: Provided further, That, notwithstanding any other provision of 

law, the Secretary of Veterans Affairs may authorize the dispensing 

of prescription drugs from Veterans Health Administration facilities 

to enrolled veterans with privately written prescriptions based on 

requirements established by the Secretary: Provided further, That 

the implementation of the program described in the previous proviso 

shall incur no additional cost to the Department of Veterans Affairs: 

Provided further, That for the Department of Defense/Department 

of Veterans Affairs Health Care Sharing Incentive Fund, as authorized by section 8111(d) of title 38, United States Code, a minimum 

of $15,000,000 shall remain available until expended for any purpose authorized by section 8111 of title 38, United States Code. 

MEDICAL SUPPORT AND COMPLIANCE

For necessary expenses in the administration of the medical, 

hospital, nursing home, domiciliary, construction, supply, and 

research activities, as authorized by law; administrative expenses 

in support of capital policy activities; and administrative and legal 

expenses of the Department for collecting and recovering amounts 

owed the Department as authorized under chapter 17 of title 38, 

United States Code, and the Federal Medical Care Recovery Act 

(42 U.S.C. 2651 et seq.); $10,237,000,000, plus reimbursements, 

of which $5,307,000,000 shall become available on October 1, 2010, 

and shall remain available until September 30, 2011: Provided, 

That, of the amount made available under this heading for fiscal 

year 2010, not to exceed $145,000,000 shall remain available until 

September 30, 2011. 

MEDICAL FACILITIES

For necessary expenses for the maintenance and operation of 

hospitals, nursing homes, and domiciliary facilities and other necessary facilities of the Veterans Health Administration; for administrative expenses in support of planning, design, project management, real property acquisition and disposition, construction, and 

renovation of any facility under the jurisdiction or for the use 

of the Department; for oversight, engineering, and architectural 

activities not charged to project costs; for repairing, altering, 

improving, or providing facilities in the several hospitals and homes 

under the jurisdiction of the Department, not otherwise provided 

for, either by contract or by the hire of temporary employees and 

purchase of materials; for leases of facilities; and for laundry services, $10,599,000,000, plus reimbursements, of which $5,740,000,000 

shall become available on October 1, 2010, and shall remain available until September 30, 2011: Provided, That, of the amount made 

Drugs and drug 

abuse. 

Requirements. 

Priorities. 

Priorities. 


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123 STAT. 3300 PUBLIC LAW 111–117—DEC. 16, 2009 

available under this heading for fiscal year 2010, not to exceed 

$145,000,000 shall remain available until September 30, 2011: Provided further, That, of the amount available for fiscal year 2010, $130,000,000 for non-recurring maintenance shall be allocated in 

a manner not subject to the Veterans Equitable Resource Allocation. 

MEDICAL AND PROSTHETIC RESEARCH

For necessary expenses in carrying out programs of medical 

and prosthetic research and development as authorized by chapter 

73 of title 38, United States Code, $581,000,000, plus reimbursements, shall remain available until September 30, 2011. 

NATIONAL CEMETERY ADMINISTRATION

For necessary expenses of the National Cemetery Administration for operations and maintenance, not otherwise provided for, 

including uniforms or allowances therefor; cemeterial expenses as 

authorized by law; purchase of one passenger motor vehicle for 

use in cemeterial operations; hire of passenger motor vehicles; and 

repair, alteration or improvement of facilities under the jurisdiction 

of the National Cemetery Administration, $250,000,000, of which 

not to exceed $24,200,000 shall remain available until September 

30, 2011. 

DEPARTMENTAL ADMINISTRATION

GENERAL OPERATING EXPENSES

For necessary operating expenses of the Department of Veterans Affairs, not otherwise provided for, including administrative 

expenses in support of Department-Wide capital planning, management and policy activities, uniforms, or allowances therefor; not 

to exceed $25,000 for official reception and representation expenses; 

hire of passenger motor vehicles; and reimbursement of the General 

Services Administration for security guard services, and the Department of Defense for the cost of overseas employee mail, 

$2,086,707,000: Provided, That expenses for services and assistance 

authorized under paragraphs (1), (2), (5), and (11) of section 3104(a) 

of title 38, United States Code, that the Secretary of Veterans 

Affairs determines are necessary to enable entitled veterans: (1) 

to the maximum extent feasible, to become employable and to 

obtain and maintain suitable employment; or (2) to achieve maximum independence in daily living, shall be charged to this account: 

Provided further, That the Veterans Benefits Administration shall 

be funded at not less than $1,689,207,000: Provided further, That 

of the funds made available under this heading, not to exceed 

$111,000,000 shall remain available until September 30, 2011: Provided further, That from the funds made available under this 

heading, the Veterans Benefits Administration may purchase (on 

a one-for-one replacement basis only) up to two passenger motor 

vehicles for use in operations of that Administration in Manila, 

Philippines. 

INFORMATION TECHNOLOGY SYSTEMS

For necessary expenses for information technology systems and 

telecommunications support, including developmental information 

Determination. 


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PUBLIC LAW 111–117—DEC. 16, 2009 123 STAT. 3301 

systems and operational information systems; for pay and associated 

costs; and for the capital asset acquisition of information technology 

systems, including management and related contractual costs of 

said acquisitions, including contractual costs associated with operations authorized by section 3109 of title 5, United States Code, 

$3,307,000,000, plus reimbursements, shall remain available until 

September 30, 2011: Provided, That none of the funds made available under this heading may be obligated until the Department 

of Veterans Affairs submits to the Committees on Appropriations 

of both Houses of Congress, and such Committees approve, a plan 

for expenditure that: (1) meets the capital planning and investment 

control review requirements established by the Office of Management and Budget; (2) complies with the Department of Veterans 

Affairs enterprise architecture; (3) conforms with an established 

enterprise life cycle methodology; and (4) complies with the acquisition rules, requirements, guidelines, and systems acquisition 

management practices of the Federal Government: Provided further, That not later than 30 days after the date of the enactment of 

this Act, the Secretary of Veterans Affairs shall submit to the 

Committees on Appropriations of both Houses of Congress a reprogramming base letter which sets forth, by project, the operations 

and maintenance costs, with salary expenses separately designated, 

and development costs to be carried out utilizing amounts made 

available under this heading: Provided further, That of the amounts 

made available under this heading, $800,485,000 may not be obligated or expended until the Secretary of Veterans Affairs or the 

Chief Information Officer of the Department of Veterans Affairs 

submits to the Committees on Appropriations of both Houses of 

Congress a certification of the amounts, in parts or in full, to 

be obligated and expended for each development project. 

OFFICE OF INSPECTOR GENERAL

For necessary expenses of the Office of Inspector General, to 

include information technology, in carrying out the provisions of 

the Inspector General Act of 1978 (5 U.S.C. App.), $109,000,000, 

of which $6,000,000 shall remain available until September 30, 

2011. 

CONSTRUCTION, MAJOR PROJECTS

For constructing, altering, extending, and improving any of 

the facilities, including parking projects, under the jurisdiction or 

for the use of the Department of Veterans Affairs, or for any 

of the purposes set forth in sections 316, 2404, 2406, 8102, 8103, 

8106, 8108, 8109, 8110, and 8122 of title 38, United States Code, 

including planning, architectural and engineering services, 

construction management services, maintenance or guarantee 

period services costs associated with equipment guarantees provided 

under the project, services of claims analysts, offsite utility and 

storm drainage system construction costs, and site acquisition, 

where the estimated cost of a project is more than the amount 

set forth in section 8104(a)(3)(A) of title 38, United States Code, 

or where funds for a project were made available in a previous 

major project appropriation, $1,194,000,000, to remain available 

until expended, of which $16,000,000 shall be to make reimbursements as provided in section 13 of the Contract Disputes Act of 

1978 (41 U.S.C. 612) for claims paid for contract disputes: Provided, 

Certification. 

Deadline. 

Submission. 

Expenditure 

plan. 


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123 STAT. 3302 PUBLIC LAW 111–117—DEC. 16, 2009 

That except for advance planning activities, including needs assessments which may or may not lead to capital investments, and 

other capital asset management related activities, including portfolio development and management activities, and investment 

strategy studies funded through the advance planning fund and 

the planning and design activities funded through the design fund, 

including needs assessments which may or may not lead to capital 

investments, and funds provided for the purchase of land for the 

National Cemetery Administration through the land acquisition 

line item, none of the funds made available under this heading 

shall be used for any project which has not been approved by 

the Congress in the budgetary process: Provided further, That funds 

made available under this heading for fiscal year 2010, for each 

approved project shall be obligated: (1) by the awarding of a 

construction documents contract by September 30, 2010; and (2) 

by the awarding of a construction contract by September 30, 2011: 

Provided further, That the Secretary of Veterans Affairs shall 

promptly submit to the Committees on Appropriations of both 

Houses of Congress a written report on any approved major 

construction project for which obligations are not incurred within 

the time limitations established above: Provided further, That of 

the funds made available under this heading, $933,030,000 shall 

be for the projects and activities, and in the amounts, specified 

under this heading in the explanatory statement of managers to 

accompany this Act. 

CONSTRUCTION, MINOR PROJECTS

For constructing, altering, extending, and improving any of 

the facilities, including parking projects, under the jurisdiction or 

for the use of the Department of Veterans Affairs, including planning and assessments of needs which may lead to capital investments, architectural and engineering services, maintenance or guarantee period services costs associated with equipment guarantees 

provided under the project, services of claims analysts, offsite utility 

and storm drainage system construction costs, and site acquisition, 

or for any of the purposes set forth in sections 316, 2404, 2406, 

8102, 8103, 8106, 8108, 8109, 8110, 8122, and 8162 of title 38, 

United States Code, where the estimated cost of a project is equal 

to or less than the amount set forth in section 8104(a)(3)(A) of 

title 38, United States Code, $703,000,000, to remain available 

until expended, along with unobligated balances of previous 

‘‘Construction, minor projects’’ appropriations which are hereby 

made available for any project where the estimated cost is equal 

to or less than the amount set forth in such section: Provided, 

That funds made available under this heading shall be for: (1) 

repairs to any of the nonmedical facilities under the jurisdiction 

or for the use of the Department which are necessary because 

of loss or damage caused by any natural disaster or catastrophe; 

and (2) temporary measures necessary to prevent or to minimize 

further loss by such causes. 

GRANTS FOR CONSTRUCTION OF STATE EXTENDED CARE FACILITIES

For grants to assist States to acquire or construct State nursing 

home and domiciliary facilities and to remodel, modify, or alter 

existing hospital, nursing home, and domiciliary facilities in State 

homes, for furnishing care to veterans as authorized by sections 

Reports. 

Contracts. 

Deadlines. 


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PUBLIC LAW 111–117—DEC. 16, 2009 123 STAT. 3303 

8131 through 8137 of title 38, United States Code, $100,000,000, 

to remain available until expended. 

GRANTS FOR CONSTRUCTION OF STATE VETERANS CEMETERIES

For grants to assist States in establishing, expanding, or 

improving State veterans cemeteries as authorized by section 2408 

of title 38, United States Code, $46,000,000, to remain available 

until expended. 

ADMINISTRATIVE PROVISIONS

(INCLUDING TRANSFER OF FUNDS)

SEC. 201. Any appropriation for fiscal year 2010 for ‘‘Compensation and pensions’’, ‘‘Readjustment benefits’’, and ‘‘Veterans insurance and indemnities’’ may be transferred as necessary to any 

other of the mentioned appropriations: Provided, That before a 

transfer may take place, the Secretary of Veterans Affairs shall 

request from the Committees on Appropriations of both Houses 

of Congress the authority to make the transfer and such Committees 

issue an approval, or absent a response, a period of 30 days has 

elapsed. 

(INCLUDING TRANSFER OF FUNDS)

SEC. 202. Amounts made available for the Department of Veterans Affairs for fiscal year 2010, in this Act or any other Act, 

under the ‘‘Medical services’’, ‘‘Medical support and compliance’’, 

and ‘‘Medical facilities’’ accounts may be transferred among the 

accounts: Provided, That any transfers between the ‘‘Medical services’’ and ‘‘Medical support and compliance’’ accounts of 1 percent 

or less of the total amount appropriated to the account in this 

or any other Act may take place subject to notification from the 

Secretary of Veterans Affairs to the Committees on Appropriations 

of both Houses of Congress of the amount and purpose of the 

transfer: Provided further, That any transfers between the ‘‘Medical 

services’’ and ‘‘Medical support and compliance’’ accounts in excess 

of 1 percent, or exceeding the cumulative 1 percent for the fiscal 

year, may take place only after the Secretary requests from the 

Committees on Appropriations of both Houses of Congress the 

authority to make the transfer and an approval is issued: Provided 

further, That any transfers to or from the ‘‘Medical facilities’’ 

account may take place only after the Secretary requests from 

the Committees on Appropriations of both Houses of Congress the 

authority to make the transfer and an approval is issued. 

SEC. 203. Appropriations available in this title for salaries 

and expenses shall be available for services authorized by section 

3109 of title 5, United States Code, hire of passenger motor vehicles; 

lease of a facility or land or both; and uniforms or allowances 

therefore, as authorized by sections 5901 through 5902 of title 

5, United States Code. 

SEC. 204. No appropriations in this title (except the appropriations for ‘‘Construction, major projects’’, and ‘‘Construction, minor 

projects’’) shall be available for the purchase of any site for or 

toward the construction of any new hospital or home. 

Notification. 

Time period. 


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123 STAT. 3304 PUBLIC LAW 111–117—DEC. 16, 2009 

SEC. 205. No appropriations in this title shall be available 

for hospitalization or examination of any persons (except beneficiaries entitled to such hospitalization or examination under the 

laws providing such benefits to veterans, and persons receiving 

such treatment under sections 7901 through 7904 of title 5, United 

States Code, or the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.)), unless reimbursement of the cost of such hospitalization or examination is made 

to the ‘‘Medical services’’ account at such rates as may be fixed 

by the Secretary of Veterans Affairs. 

SEC. 206. Appropriations available in this title for ‘‘Compensation and pensions’’, ‘‘Readjustment benefits’’, and ‘‘Veterans insurance and indemnities’’ shall be available for payment of prior year 

accrued obligations required to be recorded by law against the 

corresponding prior year accounts within the last quarter of fiscal 

year 2009. 

SEC. 207. Appropriations available in this title shall be available 

to pay prior year obligations of corresponding prior year appropriations accounts resulting from sections 3328(a), 3334, and 3712(a) 

of title 31, United States Code, except that if such obligations 

are from trust fund accounts they shall be payable only from ‘‘Compensation and pensions’’. 

(INCLUDING TRANSFER OF FUNDS)

SEC. 208. Notwithstanding any other provision of law, during 

fiscal year 2010, the Secretary of Veterans Affairs shall, from the 

National Service Life Insurance Fund under section 1920 of title 

38, United States Code, the Veterans’ Special Life Insurance Fund 

under section 1923 of title 38, United States Code, and the United 

States Government Life Insurance Fund under section 1955 of 

title 38, United States Code, reimburse the ‘‘General operating 

expenses’’ and ‘‘Information technology systems’’ accounts for the 

cost of administration of the insurance programs financed through 

those accounts: Provided, That reimbursement shall be made only 

from the surplus earnings accumulated in such an insurance program during fiscal year 2010 that are available for dividends in 

that program after claims have been paid and actuarially determined reserves have been set aside: Provided further, That if the 

cost of administration of such an insurance program exceeds the 

amount of surplus earnings accumulated in that program, 

reimbursement shall be made only to the extent of such surplus 

earnings: Provided further, That the Secretary shall determine the 

cost of administration for fiscal year 2010 which is properly allocable 

to the provision of each such insurance program and to the provision 

of any total disability income insurance included in that insurance 

program. 

SEC. 209. Amounts deducted from enhanced-use lease proceeds 

to reimburse an account for expenses incurred by that account 

during a prior fiscal year for providing enhanced-use lease services, 

may be obligated during the fiscal year in which the proceeds 

are received. 

(INCLUDING TRANSFER OF FUNDS)

SEC. 210. Funds available in this title or funds for salaries 

and other administrative expenses shall also be available to 

reimburse the Office of Resolution Management of the Department 

Determination. 

Reimbursement. 


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PUBLIC LAW 111–117—DEC. 16, 2009 123 STAT. 3305 

of Veterans Affairs and the Office of Employment Discrimination 

Complaint Adjudication under section 319 of title 38, United States 

Code, for all services provided at rates which will recover actual 

costs but not exceed $35,257,000 for the Office of Resolution 

Management and $3,287,000 for the Office of Employment and 

Discrimination Complaint Adjudication: Provided, That payments 

may be made in advance for services to be furnished based on 

estimated costs: Provided further, That amounts received shall be 

credited to the ‘‘General operating expenses’’ and ‘‘Information technology systems’’ accounts for use by the office that provided the 

service. 

SEC. 211. No appropriations in this title shall be available 

to enter into any new lease of real property if the estimated annual 

rental cost is more than $1,000,000, unless the Secretary submits 

a report which the Committees on Appropriations of both Houses 

of Congress approve within 30 days following the date on which 

the report is received. 

SEC. 212. No funds of the Department of Veterans Affairs 

shall be available for hospital care, nursing home care, or medical 

services provided to any person under chapter 17 of title 38, United 

States Code, for a non-service-connected disability described in section 1729(a)(2) of such title, unless that person has disclosed to 

the Secretary of Veterans Affairs, in such form as the Secretary 

may require, current, accurate third-party reimbursement information for purposes of section 1729 of such title: Provided, That 

the Secretary may recover, in the same manner as any other debt 

due the United States, the reasonable charges for such care or 

services from any person who does not make such disclosure as 

required: Provided further, That any amounts so recovered for care 

or services provided in a prior fiscal year may be obligated by 

the Secretary during the fiscal year in which amounts are received. 

(INCLUDING TRANSFER OF FUNDS)

SEC. 213. Notwithstanding any other provision of law, proceeds 

or revenues derived from enhanced-use leasing activities (including 

disposal) may be deposited into the ‘‘Construction, major projects’’ 

and ‘‘Construction, minor projects’’ accounts and be used for 

construction (including site acquisition and disposition), alterations, 

and improvements of any medical facility under the jurisdiction 

or for the use of the Department of Veterans Affairs. Such sums 

as realized are in addition to the amount provided for in ‘‘Construction, major projects’’ and ‘‘Construction, minor projects’’. 

SEC. 214. Amounts made available under ‘‘Medical services’’ 

are available— 

(1) for furnishing recreational facilities, supplies, and equipment; and 

(2) for funeral expenses, burial expenses, and other 

expenses incidental to funerals and burials for beneficiaries 

receiving care in the Department. 

(INCLUDING TRANSFER OF FUNDS)

SEC. 215. Such sums as may be deposited to the Medical 

Care Collections Fund pursuant to section 1729A of title 38, United 

States Code, may be transferred to ‘‘Medical services’’, to remain 

available until expended for the purposes of that account. 

Contracts. 

Reports. 

Deadline. 


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123 STAT. 3306 PUBLIC LAW 111–117—DEC. 16, 2009 

SEC. 216. The Secretary of Veterans Affairs may enter into 

agreements with Indian tribes and tribal organizations which are 

party to the Alaska Native Health Compact with the Indian Health 

Service, and Indian tribes and tribal organizations serving rural 

Alaska which have entered into contracts with the Indian Health 

Service under the Indian Self Determination and Educational 

Assistance Act, to provide healthcare, including behavioral health 

and dental care. The Secretary shall require participating veterans 

and facilities to comply with all appropriate rules and regulations, 

as established by the Secretary. The term ‘‘rural Alaska’’ shall 

mean those lands sited within the external boundaries of the Alaska 

Native regions specified in sections 7(a)(1)–(4) and (7)–(12) of the 

Alaska Native Claims Settlement Act, as amended (43 U.S.C. 1606), 

and those lands within the Alaska Native regions specified in 

sections 7(a)(5) and 7(a)(6) of the Alaska Native Claims Settlement 

Act, as amended (43 U.S.C. 1606), which are not within the boundaries of the Municipality of Anchorage, the Fairbanks North Star 

Borough, the Kenai Peninsula Borough or the Matanuska Susitna 

Borough. 

(INCLUDING TRANSFER OF FUNDS)

SEC. 217. Such sums as may be deposited to the Department 

of Veterans Affairs Capital Asset Fund pursuant to section 8118 

of title 38, United States Code, may be transferred to the ‘‘Construction, major projects’’ and ‘‘Construction, minor projects’’ accounts, 

to remain available until expended for the purposes of these 

accounts. 

SEC. 218. None of the funds made available in this title may 

be used to implement any policy prohibiting the Directors of the 

Veterans Integrated Services Networks from conducting outreach 

or marketing to enroll new veterans within their respective Networks. 

SEC. 219. The Secretary of Veterans Affairs shall submit to 

the Committees on Appropriations of both Houses of Congress a 

quarterly report on the financial status of the Veterans Health 

Administration. 

(INCLUDING TRANSFER OF FUNDS)

SEC. 220. Amounts made available under the ‘‘Medical services’’, 

‘‘Medical support and compliance’’, ‘‘Medical facilities’’, ‘‘General 

operating expenses’’, and ‘‘National Cemetery Administration’’ 

accounts for fiscal year 2010, may be transferred to or from the 

‘‘Information technology systems’’ account: Provided, That before 

a transfer may take place, the Secretary of Veterans Affairs shall 

request from the Committees on Appropriations of both Houses 

of Congress the authority to make the transfer and an approval 

is issued. 

SEC. 221. Amounts made available for the ‘‘Information technology systems’’ account may be transferred between projects: Provided, That no project may be increased or decreased by more than $1,000,000 of cost prior to submitting a request to the Committees on Appropriations of both Houses of Congress to make the 

transfer and an approval is issued, or absent a response, a period 

of 30 days has elapsed. 

SEC. 222. (a) Upon a determination by the Secretary of Veterans 

Affairs that such action is in the national interest, and will have 

Determination. 

Time period. 

Reports. 

Deadlines. 

Definition. 

Requirements. 

Regulations. 

Native 

Americans. 


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PUBLIC LAW 111–117—DEC. 16, 2009 123 STAT. 3307 

a direct benefit for veterans through increased access to treatment, 

the Secretary of Veterans Affairs may transfer not more than 

$5,000,000 to the Secretary of Health and Human Services for 

the Graduate Psychology Education Program, which includes treatment of veterans, to support increased training of psychologists 

skilled in the treatment of post-traumatic stress disorder, traumatic 

brain injury, and related disorders. 

(b) The Secretary of Health and Human Services may only 

use funds transferred under this section for the purposes described 

in subsection (a). 

(c) The Secretary of Veterans Affairs shall notify Congress 

of any such transfer of funds under this section. 

SEC. 223. None of the funds appropriated or otherwise made 

available by this Act or any other Act for the Department of Veterans Affairs may be used in a manner that is inconsistent with— 

(1) section 842 of the Transportation, Treasury, Housing 

and Urban Development, the Judiciary, the District of 

Columbia, and Independent Agencies Appropriations Act, 2006 

(Public Law 109–115; 119 Stat. 2506); or 

(2) section 8110(a)(5) of title 38, United States Code. 

SEC. 224. Of the amounts made available to the Department 

of Veterans Affairs for fiscal year 2010, in this Act or any other 

Act, under the ‘‘Medical facilities’’ account for non-recurring maintenance, not more than 20 percent of the funds made available 

shall be obligated during the last 2 months of that fiscal year: 

Provided, That the Secretary may waive this requirement after 

providing written notice to the Committees on Appropriations of 

both Houses of Congress. 

SEC. 225. Section 1925(d)(3) of title 38, United States Code, 

is amended by striking ‘‘appropriation ‘General Operating Expenses, 

Department of Veterans Affairs’ ’’ and inserting ‘‘appropriations for 

‘General Operating Expenses and Information Technology Systems, 

Department of Veterans Affairs’ ’’. 

SEC. 226. Section 1922(a) of title 38, United States Code, is 

amended by striking ‘‘administrative costs to the Government for 

the costs of’’ and inserting ‘‘administrative support financed by 

the appropriations for ‘General Operating Expenses, Department 

of Veterans Affairs’ and ‘Information Technology Systems, Department of Veterans Affairs’ for’’. 

SEC. 227. (a) Effective October 1, 2010, the North Chicago 

Veterans Affairs Medical Center located in Lake County, Illinois, 

shall be known and designated as the ‘‘Captain James A. Lovell 

Federal Health Care Center’’. 

(b) Any reference to the medical center referred to in subsection 

(a) in any law, regulation, map, document, record, or other paper 

of the United States shall be considered to be a reference to the 

Captain James A. Lovell Federal Health Care Center. 

SEC. 228. Section 315(b) of title 38, United States Code, is 

amended by striking ‘‘December 31, 2009’’ and inserting ‘‘December 

31, 2010’’. 

SEC. 229. Section 1714(c) of title 38, United States Code is 

amended— 

(1) in paragraph (1), by striking ‘‘and’’ at the end; 

(2) in paragraph (2), by striking the period and inserting 

‘‘; and’’; and 

(3) by adding at the end the following new paragraph: 

Effective date. 

Federal buildings 

and facilities. 

Illinois. 

Waiver authority. 

Notice. 

Waiver authority. 

Notice. 

Notification. 


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123 STAT. 3308 PUBLIC LAW 111–117—DEC. 16, 2009 

‘‘(3) service dogs trained for the aid of persons with mental 

illnesses, including post-traumatic stress disorder, to veterans 

with such illnesses who are enrolled under section 1705 of 

this title.’’. 

SEC. 230. (a) The Department of Veterans Affairs Medical 

Center in Louisville, Kentucky, and any successor to such medical 

center, shall after the date of the enactment of this Act be known 

and designated as the ‘‘Robley Rex Department of Veterans Affairs 

Medical Center’’. 

(b) Any reference in any law, regulation, map, document, record, 

or other paper of the United States to the medical center referred 

to in subsection (a) shall be considered to be a reference to the 

Robley Rex Department of Veterans Affairs Medical Center. 

SEC. 231. (a) Section 2703(b) of the Emergency Supplemental 

Appropriations Act for Defense, the Global War on Terror, and 

Hurricane Recovery, 2006 (Public Law 109–234; 120 Stat. 469), 

as amended by section 231 of the Military Construction and Veterans Affairs and Related Agencies Appropriations Act, 2009 (division E of Public Law 110–329; 122 Stat. 3713), is further amended 

by inserting after ‘‘the City of Gulfport’’ the following: ‘‘, or its 

urban renewal agency,’’. 

(b) The Secretary of Veterans Affairs shall take appropriate 

actions to modify the quitclaim deeds executed to effectuate the 

conveyance authorized by section 2703 of the Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, 

and Hurricane Recovery, 2006, in order to accurately reflect and 

memorialize the amendment made by subsection (a). 

SEC. 232. Of the amounts appropriated or otherwise made 

available by this title, the Secretary may execute $5,000,000 for 

cooperative agreements with State and local government entities 

or their designees with a demonstrated record of serving veterans 

to conduct outreach to ensure that veterans in underserved areas 

receive the care and benefits for which they are eligible. 

TITLE III 

RELATED AGENCIES 

AMERICAN BATTLE MONUMENTS COMMISSION

SALARIES AND EXPENSES

For necessary expenses, not otherwise provided for, of the 

American Battle Monuments Commission, including the acquisition 

of land or interest in land in foreign countries; purchases and 

repair of uniforms for caretakers of national cemeteries and monuments outside of the United States and its territories and possessions; rent of office and garage space in foreign countries; purchase 

(one-for-one replacement basis only) and hire of passenger motor 

vehicles; not to exceed $7,500 for official reception and representation expenses; and insurance of official motor vehicles in foreign 

countries, when required by law of such countries, $62,675,000, 

to remain available until expended. 

FOREIGN CURRENCY FLUCTUATIONS ACCOUNT

For necessary expenses, not otherwise provided for, of the 

American Battle Monuments Commission, such sums as may be 

Effective date. 

Federal buildings 

and facilities. 

Kentucky. 


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PUBLIC LAW 111–117—DEC. 16, 2009 123 STAT. 3309 

necessary, to remain available until expended, for purposes authorized by section 2109 of title 36, United States Code. 

UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS

SALARIES AND EXPENSES

For necessary expenses for the operation of the United States 

Court of Appeals for Veterans Claims as authorized by sections 

7251 through 7298 of title 38, United States Code, $27,115,000, 

of which $1,820,000 shall be available for the purpose of providing 

financial assistance as described, and in accordance with the process 

and reporting procedures set forth, under this heading in Public 

Law 102–229. 

DEPARTMENT OF DEFENSE—CIVIL

CEMETERIAL EXPENSES, ARMY

SALARIES AND EXPENSES

For necessary expenses, as authorized by law, for maintenance, 

operation, and improvement of Arlington National Cemetery and 

Soldiers’ and Airmen’s Home National Cemetery, including the 

purchase of two passenger motor vehicles for replacement only, 

and not to exceed $1,000 for official reception and representation 

expenses, $39,850,000, to remain available until expended: Provided, That none of the funds available under this heading shall 

be for construction of a perimeter wall at Arlington National Cemetery. In addition, such sums as may be necessary for parking 

maintenance, repairs and replacement, to be derived from the Lease 

of Department of Defense Real Property for Defense Agencies 

account. 

Funds appropriated under this Act may be provided to 

Arlington County, Virginia, for the relocation of the federally-owned 

water main at Arlington National Cemetery making additional land 

available for ground burials. 

ARMED FORCES RETIREMENT HOME

TRUST FUND

For expenses necessary for the Armed Forces Retirement Home 

to operate and maintain the Armed Forces Retirement Home— 

Washington, District of Columbia, and the Armed Forces Retirement 

Home—Gulfport, Mississippi, to be paid from funds available in 

the Armed Forces Retirement Home Trust Fund, $134,000,000, 

of which $72,000,000 shall remain available until expended for 

construction and renovation of the physical plants at the Armed 

Forces Retirement Home—Washington, District of Columbia, and 

the Armed Forces Retirement Home—Gulfport, Mississippi. 

Virginia. 


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123 STAT. 3310 PUBLIC LAW 111–117—DEC. 16, 2009 

TITLE IV 

OVERSEAS CONTINGENCY OPERATIONS 

DEPARTMENT OF DEFENSE 

MILITARY CONSTRUCTION, ARMY

For an additional amount for ‘‘Military Construction, Army’’, $924,484,000, to remain available until September 30, 2012: Provided, That the amount appropriated in this paragraph shall be 

for the projects and activities, and in the amounts, specified under 

the headings ‘‘Army’’ in the table entitled ‘‘Overseas Contingency 

Operations’’ in the explanatory statement of managers to accompany 

this Act. 

MILITARY CONSTRUCTION, AIR FORCE

For an additional amount for ‘‘Military Construction, Air Force’’, 

$474,500,000, to remain available until September 30, 2012: Provided, That the amount appropriated in this paragraph shall be 

for the projects and activities, and in the amounts, specified under 

the headings ‘‘Air Force’’ in the table entitled ‘‘Overseas Contingency 

Operations’’ in the explanatory statement of managers to accompany 

this Act. 

ADMINISTRATIVE PROVISION

SEC. 401. Amounts appropriated or otherwise made available 

by this title are designated as being for overseas deployments 

and other activities pursuant to sections 401(c)(4) and 423(a)(1) 

of S. Con. Res. 13 (111th Congress), the concurrent resolution 

on the budget for fiscal year 2010. 

TITLE V 

GENERAL PROVISIONS 

SEC. 501. No part of any appropriation contained in this Act 

shall remain available for obligation beyond the current fiscal year 

unless expressly so provided herein. 

SEC. 502. Such sums as may be necessary for fiscal year 2010 

for pay raises for programs funded by this Act shall be absorbed 

within the levels appropriated in this Act. 

SEC. 503. None of the funds made available in this Act may 

be used for any program, project, or activity, when it is made 

known to the Federal entity or official to which the funds are 

made available that the program, project, or activity is not in 

compliance with any Federal law relating to risk assessment, the 

protection of private property rights, or unfunded mandates. 

SEC. 504. No part of any funds appropriated in this Act shall 

be used by an agency of the executive branch, other than for 

normal and recognized executive-legislative relationships, for publicity or propaganda purposes, and for the preparation, distribution, 

or use of any kit, pamphlet, booklet, publication, radio, television, 

or film presentation designed to support or defeat legislation 

pending before Congress, except in presentation to Congress itself. 

Lobbying. 

Pay raises. 


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PUBLIC LAW 111–117—DEC. 16, 2009 123 STAT. 3311 

SEC. 505. All departments and agencies funded under this 

Act are encouraged, within the limits of the existing statutory 

authorities and funding, to expand their use of ‘‘E-Commerce’’ technologies and procedures in the conduct of their business practices 

and public service activities. 

SEC. 506. None of the funds made available in this Act may 

be transferred to any department, agency, or instrumentality of 

the United States Government except pursuant to a transfer made 

by, or transfer authority provided in, this or any other appropriations Act. 

SEC. 507. Unless stated otherwise, all reports and notifications 

required by this Act shall be submitted to the Subcommittee on 

Military Construction and Veterans Affairs, and Related Agencies 

of the Committee on Appropriations of the House of Representatives 

and the Subcommittee on Military Construction and Veterans 

Affairs, and Related Agencies of the Committee on Appropriations 

of the Senate. 

SEC. 508. None of the funds made available in this Act may 

be used for a project or program named for an individual serving 

as a Member, Delegate, or Resident Commissioner of the United 

States House of Representatives. 

SEC. 509. None of the funds made available in this Act may 

be used for the processing of new enhanced-use leases at the 

National Homes for Disabled Volunteer Soldiers located in Milwaukee, Wisconsin. 

SEC. 510. (a) Any agency receiving funds made available in 

this Act, shall, subject to subsections (b) and (c), post on the public 

website of that agency any report required to be submitted by 

the Congress in this or any other Act, upon the determination 

by the head of the agency that it shall serve the national interest. 

(b) Subsection (a) shall not apply to a report if— 

(1) the public posting of the report compromises national 

security; or 

(2) the report contains confidential or proprietary information. 

(c) The head of the agency posting such report shall do so 

only after such report has been made available to the requesting 

Committee or Committees of Congress for no less than 45 days. 

SEC. 511. None of the funds made available in this division 

or any other division in this Act may be distributed to the Association of Community Organizations for Reform Now (ACORN) or 

its subsidiaries. 

This division may be cited as the ‘‘Military Construction and 

Veterans Affairs and Related Agencies Appropriations Act, 2010’’. 

ACORN. 

Time period. 

Web posting. 

Public 

information. 

Reports. 

Contracts. 

Wisconsin. 

Submissions. 


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123 STAT. 3312 PUBLIC LAW 111–117—DEC. 16, 2009 

DIVISION F—DEPARTMENT OF STATE, FOREIGN OPERATIONS, AND RELATED PROGRAMS APPROPRIATIONS 

ACT, 2010 

TITLE I 

DEPARTMENT OF STATE AND RELATED AGENCY 

DEPARTMENT OF STATE 

ADMINISTRATION OF FOREIGN AFFAIRS

DIPLOMATIC AND CONSULAR PROGRAMS

(INCLUDING TRANSFER OF FUNDS)

For necessary expenses of the Department of State and the Foreign Service not otherwise provided for, $8,227,000,000, of which 

$1,586,214,000 is for Worldwide Security Protection (to remain 

available until expended): Provided, That the Secretary of State may transfer up to $137,600,000 of the total funds made available 

under this heading to any other appropriation of any department 

or agency of the United States, upon the concurrence of the head 

of such department or agency, to support operations in and assistance for Afghanistan and to carry out the provisions of the Foreign 

Assistance Act of 1961: Provided further, That funds made available 

under this heading shall be allocated as follows: 

(1) HUMAN RESOURCES.—For necessary expenses for 

training, human resources management, and salaries, including 

employment without regard to civil service and classification 

laws of persons on a temporary basis (not to exceed $700,000), 

as authorized by section 801 of the United States Information 

and Educational Exchange Act of 1948, $2,667,130,000 to 

remain available until September 30, 2011, of which not less 

than $138,075,000 shall be available only for public diplomacy 

American salaries, and $220,840,000 is for Worldwide Security 

Protection and shall remain available until expended: Provided, 

That the Secretary of State shall submit to the Committees 

on Appropriations, concurrent with the fiscal year 2011 congressional budget justification materials, a strategy described in 

the joint explanatory statement of the committee of conference 

(hereafter ‘‘joint explanatory statement’’) accompanying this Act 

for projected personnel requirements for the United States 

Department of State over the next 3 fiscal years. 

(2) OVERSEAS PROGRAMS.—For necessary expenses for the 

regional bureaus of the Department of State and overseas 

activities as authorized by law, $2,495,158,000, to remain available until September 30, 2011, of which not less than 

$381,800,000 shall be available only for public diplomacy international information programs. 

(3) DIPLOMATIC POLICY AND SUPPORT.—For necessary 

expenses for the functional bureaus of the Department of State 

including representation to certain international organizations 

in which the United States participates pursuant to treaties 

ratified pursuant to the advice and consent of the Senate or 

specific Acts of Congress, general administration, and arms 

Strategy. 

Department of 

State, Foreign 

Operations, and 

Related 

Programs 

Appropriations 

Act, 2010. 


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PUBLIC LAW 111–117—DEC. 16, 2009 123 STAT. 3313 

control, nonproliferation and disarmament activities as authorized, $892,012,000, to remain available until September 30, 

2011. 

(4) SECURITY PROGRAMS.—For necessary expenses for secu- rity activities, $2,172,700,000, to remain available until September 30, 2011, of which $1,365,374,000 is for Worldwide 

Security Protection and shall remain available until expended. 

(5) FEES AND PAYMENTS COLLECTED.—In addition to 

amounts otherwise made available under this heading— (A) not to exceed $1,653,305 shall be derived from 

fees collected from other executive agencies for lease or 

use of facilities located at the International Center in 

accordance with section 4 of the International Center Act, 

and, in addition, as authorized by section 5 of such Act, 

$490,000, to be derived from the reserve authorized by 

that section, to be used for the purposes set out in that 

section; 

(B) as authorized by section 810 of the United States 

Information and Educational Exchange Act, not to exceed 

$6,000,000, to remain available until expended, may be 

credited to this appropriation from fees or other payments 

received from English teaching, library, motion pictures, 

and publication programs and from fees from educational 

advising and counseling and exchange visitor programs; 

and 

(C) not to exceed $15,000, which shall be derived from 

reimbursements, surcharges and fees for use of Blair House 

facilities. 

(6) TRANSFER, REPROGRAMMING, AND SPENDING PLAN.— 

(A) Notwithstanding any provision of this Act, funds 

may be reprogrammed within and between subsections 

under this heading subject to section 7015 of this Act. 

(B) Of the amount made available under this heading, 

not to exceed $10,000,000 may be transferred to, and 

merged with, funds made available by this Act under the 

heading ‘‘Emergencies in the Diplomatic and Consular 

Service’’, to be available only for emergency evacuations 

and rewards, as authorized. 

(C) Funds appropriated under this heading are available for acquisition by exchange or purchase of passenger 

motor vehicles as authorized by law and, pursuant to 31 

U.S.C. 1108(g), for the field examination of programs and 

activities in the United States funded from any account 

contained in this title. 

(D) Not later than 45 days after the enactment of 

this Act, the Secretary of State shall submit to the Committees on Appropriations a report detailing planned expenditures for funds appropriated under this heading. 

CIVILIAN STABILIZATION INITIATIVE

For necessary expenses to support, maintain, mobilize, and 

deploy a civilian response corps in coordination with the United 

States Agency for International Development (USAID), and for 

related reconstruction and stabilization assistance to prevent or 

respond to conflict or civil strife in foreign countries or regions, 

or to enable transition from such strife, $120,000,000, to remain 

Deadline. 

Reports. 


ccoleman on DSK8P6SHH1 with PUBLIC LAWS
123 STAT. 3314 PUBLIC LAW 111–117—DEC. 16, 2009 

available until expended: Provided, That funds made available 

under this heading may be made available in fiscal year 2010 

to provide administrative expenses for the Office of the Coordinator 

for Reconstruction and Stabilization: Provided further, That notwithstanding any other provision of law and following consultation 

with the Committees on Appropriations, the President may exercise 

transfer authorities contained in the Foreign Assistance Act of 

1961 for reconstruction and stabilization assistance managed by 

the Office of the Coordinator for Reconstruction and Stabilization 

only to support an actively deployed Civilian Response Corps, subject to the regular notification procedures of the Committees on 

Appropriations: Provided further, That of the funds appropriated 

under this heading, $10,000,000 shall be withheld from obligation 

until the Secretary of State reports to the Committees on Appropriations that the Department of State has signed a memorandum 

of understanding with the Department of Defense relating to the 

provision of airlift for deployment of Civilian Response Corps personnel and equipment: Provided further, That not later than 45 

days after enactment of this Act, the Secretary of State and the 

USAID Administrator shall submit a coordinated joint spending 

plan for funds made available under this heading and under the 

heading ‘‘Civilian Stabilization Initiative’’ in title II of this Act. 

CAPITAL INVESTMENT FUND

For necessary expenses of the Capital Investment Fund, 

$139,000,000, to remain available until expended, as authorized: 

Provided, That section 135(e) of Public Law 103–236 shall not 

apply to funds available under this heading. 

OFFICE OF INSPECTOR GENERAL

For necessary expenses of the Office of Inspector General, 

$100,000,000, notwithstanding section 209(a)(1) of the Foreign 

Service Act of 1980 (Public Law 96–465), as it relates to post 

inspections, of which $23,000,000 shall be for the Special Inspector 

General for Iraq Reconstruction for reconstruction oversight, and 

$23,000,000 shall be for the Special Inspector General for Afghanistan Reconstruction for reconstruction oversight. 

EDUCATIONAL AND CULTURAL EXCHANGE PROGRAMS

For expenses of educational and cultural exchange programs, 

as authorized, $635,000,000, to remain available until expended: 

Provided, That not to exceed $5,000,000, to remain available until 

expended, may be credited to this appropriation from fees or other 

payments received from or in connection with English teaching, 

educational advising and counseling programs, and exchange visitor 

programs as authorized. 

REPRESENTATION ALLOWANCES

For representation allowances as authorized, $8,175,000. 

Deadline. 

Spending plan. 

Reports. 

Memorandum. 

President. 

Transfer 

authority. 

Notification. 


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PUBLIC LAW 111–117—DEC. 16, 2009 123 STAT. 3315 

PROTECTION OF FOREIGN MISSIONS AND OFFICIALS

For expenses, not otherwise provided, to enable the Secretary 

of State to provide for extraordinary protective services, as authorized, $28,000,000, to remain available until September 30, 2011. 

EMBASSY SECURITY, CONSTRUCTION, AND MAINTENANCE

For necessary expenses for carrying out the Foreign Service 

Buildings Act of 1926 (22 U.S.C. 292–303), preserving, maintaining, 

repairing, and planning for buildings that are owned or directly 

leased by the Department of State, renovating, in addition to funds 

otherwise available, the Harry S Truman Building, and carrying 

out the Diplomatic Security Construction Program as authorized, 

$876,850,000, to remain available until expended as authorized, 

of which not to exceed $25,000 may be used for domestic and 

overseas representation as authorized: Provided, That none of the 

funds appropriated in this paragraph shall be available for acquisition of furniture, furnishings, or generators for other departments 

and agencies. 

In addition, for the costs of worldwide security upgrades, acquisition, and construction as authorized, $847,300,000, to remain 

available until expended: Provided, That not later than 45 days 

after enactment of this Act, the Secretary of State shall submit 

to the Committees on Appropriations the proposed allocation of 

funds made available under this heading and the actual and anticipated proceeds of sales for all projects in fiscal year 2010. 

EMERGENCIES IN THE DIPLOMATIC AND CONSULAR SERVICE

(INCLUDING TRANSFER OF FUNDS)

For necessary expenses to enable the Secretary of State to 

meet unforeseen emergencies arising in the Diplomatic and Consular Service, $10,000,000, to remain available until expended as 

authorized, of which not to exceed $1,000,000 may be transferred 

to, and merged with, funds appropriated by this Act under the 

heading ‘‘Repatriation Loans Program Account’’, subject to the same 

terms and conditions. 

BUYING POWER MAINTENANCE ACCOUNT

To offset adverse fluctuations in foreign currency exchange 

rates and/or overseas wage and price changes, as authorized by 

section 24(b) of the State Department Basic Authorities Act of 

1956 (22 U.S.C. 2696(b)), $8,500,000, to remain available until 

expended. 

REPATRIATION LOANS PROGRAM ACCOUNT

(INCLUDING TRANSFER OF FUNDS)

For the cost of direct loans, $739,000, as authorized: Provided, 

That such costs, including the cost of modifying such loans, shall 

be as defined in section 502 of the Congressional Budget Act of 

1974. 

In addition, for administrative expenses necessary to carry 

out the direct loan program, $711,000, which may be transferred 

Deadline. 

Submission. 


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123 STAT. 3316 PUBLIC LAW 111–117—DEC. 16, 2009 

to, and merged with, funds made available under the heading 

‘‘Diplomatic and Consular Programs’’. 

PAYMENT TO THE AMERICAN INSTITUTE IN TAIWAN

For necessary expenses to carry out the Taiwan Relations Act (Public Law 96–8), $21,174,000. 

PAYMENT TO THE FOREIGN SERVICE RETIREMENT AND DISABILITY

FUND

For payment to the Foreign Service Retirement and Disability 

Fund, as authorized, $158,900,000. 

INTERNATIONAL ORGANIZATIONS

CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS

For necessary expenses, not otherwise provided for, to meet 

annual obligations of membership in international multilateral 

organizations, pursuant to treaties ratified pursuant to the advice 

and consent of the Senate, conventions or specific Acts of Congress, 

$1,682,500,000: Provided, That the Secretary of State shall, at 

the time of the submission of the President’s budget to Congress 

under section 1105(a) of title 31, United States Code, transmit 

to the Committees on Appropriations the most recent biennial 

budget prepared by the United Nations for the operations of the 

United Nations: Provided further, That the Secretary of State shall 

notify the Committees on Appropriations at least 15 days in advance 

(or in an emergency, as far in advance as is practicable) of any 

United Nations action to increase funding for any United Nations 

program without identifying an offsetting decrease elsewhere in 

the United Nations budget: Provided further, That any payment 

of arrearages under this heading shall be directed toward activities 

that are mutually agreed upon by the United States and the respective international organization: Provided further, That none of the 

funds appropriated under this heading shall be available for a 

United States contribution to an international organization for the 

United States share of interest costs made known to the United 

States Government by such organization for loans incurred on or 

after October 1, 1984, through external borrowings. 

CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING ACTIVITIES

For necessary expenses to pay assessed and other expenses 

of international peacekeeping activities directed to the maintenance 

or restoration of international peace and security, $2,125,000,000, 

of which 15 percent shall remain available until September 30, 

2011: Provided, That none of the funds made available by this 

Act shall be obligated or expended for any new or expanded United 

Nations peacekeeping mission unless, at least 15 days in advance 

of voting for the new or expanded mission in the United Nations 

Security Council (or in an emergency as far in advance as is 

practicable): (1) the Committees on Appropriations are notified of 

the estimated cost and length of the mission, the national interest 

that will be served, the planned exit strategy, and that the United 

Nations has taken appropriate measures to prevent United Nations 

employees, contractor personnel, and peacekeeping forces serving 

Deadline. 

Notification. 

Human 

trafficking. 

Notification. 

Deadline. 

United Nations. 

Budget. 

United Nations. 

22 USC 269a 

note. 


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PUBLIC LAW 111–117—DEC. 16, 2009 123 STAT. 3317 

in the mission from trafficking in persons, exploiting victims of 

trafficking, or committing acts of illegal sexual exploitation, and 

to hold accountable individuals who engage in such acts while 

participating in the peacekeeping mission, including the prosecution 

in their home countries of such individuals in connection with 

such acts; and (2) notification pursuant to section 7015 of this 

Act is submitted, and the procedures therein followed, setting forth 

the source of funds that will be used to pay for the cost of the 

new or expanded mission: Provided further, That funds shall be 

available for peacekeeping expenses unless the Secretary of State 

determines that American manufacturers and suppliers are not 

being given opportunities to provide equipment, services, and material for United Nations peacekeeping activities equal to those being 

given to foreign manufacturers and suppliers. 

INTERNATIONAL COMMISSIONS

For necessary expenses, not otherwise provided for, to meet 

obligations of the United States arising under treaties, or specific 

Acts of Congress, as follows: 

INTERNATIONAL BOUNDARY AND WATER COMMISSION, UNITED STATES

AND MEXICO

For necessary expenses for the United States Section of the 

International Boundary and Water Commission, United States and 

Mexico, and to comply with laws applicable to the United States 

Section, including not to exceed $6,000 for representation; as follows: 

SALARIES AND EXPENSES

For salaries and expenses, not otherwise provided for, $33,000,000. 

CONSTRUCTION

For detailed plan preparation and construction of authorized projects, $43,250,000, to remain available until expended, as authorized. 

AMERICAN SECTIONS, INTERNATIONAL COMMISSIONS

For necessary expenses, not otherwise provided, for the International Joint Commission and the International Boundary 

Commission, United States and Canada, as authorized by treaties 

between the United States and Canada or Great Britain, and the 

Border Environment Cooperation Commission as authorized by 

Public Law 103–182, $12,608,000: Provided, That of the amount 

provided under this heading for the International Joint Commission, 

$9,000 may be made available for representation expenses. 

INTERNATIONAL FISHERIES COMMISSIONS

For necessary expenses for international fisheries commissions, 

not otherwise provided for, as authorized by law, $53,976,000: Provided, That the United States share of such expenses may be 

advanced to the respective commissions pursuant to 31 U.S.C. 3324: 

Provided further, That in addition to other funds available for 

22 USC 269a 

note. 

Determination. 


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123 STAT. 3318 PUBLIC LAW 111–117—DEC. 16, 2009 

such purposes, funds available under this heading may be used 

to make payments necessary to fulfill the United States’ obligations 

under the Pacific Salmon Treaty. 

RELATED AGENCY 

BROADCASTING BOARD OF GOVERNORS

INTERNATIONAL BROADCASTING OPERATIONS

For necessary expenses to enable the Broadcasting Board of 

Governors (BBG), as authorized, to carry out international communication activities, including the purchase, rent, construction, and 

improvement of facilities for radio and television transmission and 

reception and purchase, lease, and installation of necessary equipment for radio and television transmission and reception to Cuba, 

and to make and supervise grants for radio and television broadcasting to the Middle East, $733,788,000, of which not more than 

$5,500,000 may be made available for non-salary and benefits 

expenses for TV Marti broadcasts to Cuba: Provided, That of the 

total amount in this heading, not to exceed $16,000 may be used 

for official receptions within the United States as authorized, not 

to exceed $35,000 may be used for representation abroad as authorized, and not to exceed $39,000 may be used for official reception 

and representation expenses of Radio Free Europe/Radio Liberty: 

Provided further, That the authority provided by section 504(c) 

of the Foreign Relations Authorization Act, Fiscal Year 2003 (Public 

Law 107-228; 22 U.S.C. 6206 note) shall remain in effect through 

September 30, 2010: Provided further, That not later than 45 days 

after enactment of this Act, the BBG shall report to the Committees 

on Appropriations that all BBG language services and grantees, 

including the broadcasters to the Middle East, Afghanistan, and 

Pakistan, have processes and policies, including appropriate 

management and editorial controls, to require that programming 

abide by the standards and principles set forth in the United 

States International Broadcasting Act of 1994 (22 U.S.C. 6202(a) 

and (b)) and the relevant journalistic code of ethics, and not provide 

an open platform for terrorists or those who support terrorists: 

Provided further, That the BBG shall notify the Committees on 

Appropriations within 15 days of any determination by the Board 

that any of its broadcast entities, including its grantee organizations, was found to be in violation of the principles, standards, 

or journalistic code of ethics referenced in the previous proviso: 

Provided further, That in addition to funds made available under 

this heading, and notwithstanding any other provision of law, up 

to $2,000,000 in receipts from advertising and revenue from business ventures, up to $500,000 in receipts from cooperating international organizations, and up to $1,000,000 in receipts from 

privatization efforts of the Voice of America and the International 

Broadcasting Bureau, to remain available until expended for carrying out authorized purposes. 

Notification. 

Deadline. 

Deadline. 

Reports. 

Extension date. 

22 USC 6206 

note. 


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PUBLIC LAW 111–117—DEC. 16, 2009 123 STAT. 3319 

BROADCASTING CAPITAL IMPROVEMENTS

For the purchase, rent, construction, and improvement of facilities for radio and television transmission and reception, and purchase and installation of necessary equipment for radio and television transmission and reception as authorized, $12,622,000, to 

remain available until expended, as authorized. 

RELATED PROGRAMS 

THE ASIA FOUNDATION

For a grant to The Asia Foundation, as authorized by The 

Asia Foundation Act (22 U.S.C. 4402), $19,000,000, to remain available until expended, as authorized. 

UNITED STATES INSTITUTE OF PEACE

For necessary expenses of the United States Institute of Peace, 

as authorized by the United States Institute of Peace Act, 

$49,220,000, to remain available until September 30, 2011, of which 

up to $15,000,000 may be used for construction activities. 

CENTER FOR MIDDLE EASTERN-WESTERN DIALOGUE TRUST FUND

For necessary expenses of the Center for Middle EasternWestern Dialogue Trust Fund, the total amount of the interest 

and earnings accruing to such Fund on or before September 30, 

2010, to remain available until expended. 

EISENHOWER EXCHANGE FELLOWSHIP PROGRAM

For necessary expenses of Eisenhower Exchange Fellowships, 

Incorporated, as authorized by sections 4 and 5 of the Eisenhower 

Exchange Fellowship Act of 1990 (20 U.S.C. 5204–5205), all interest 

and earnings accruing to the Eisenhower Exchange Fellowship Program Trust Fund on or before September 30, 2010, to remain 

available until expended: Provided, That none of the funds appropriated herein shall be used to pay any salary or other compensation, or to enter into any contract providing for the payment thereof, 

in excess of the rate authorized by 5 U.S.C. 5376; or for purposes 

which are not in accordance with OMB Circulars A–110 (Uniform 

Administrative Requirements) and A–122 (Cost Principles for Nonprofit Organizations), including the restrictions on compensation 

for personal services. 

ISRAELI ARAB SCHOLARSHIP PROGRAM

For necessary expenses of the Israeli Arab Scholarship Program, as authorized by section 214 of the Foreign Relations 

Authorization Act, Fiscal Years 1992 and 1993 (22 U.S.C. 2452), 

all interest and earnings accruing to the Israeli Arab Scholarship 

Fund on or before September 30, 2010, to remain available until 

expended. 

EAST-WEST CENTER

To enable the Secretary of State to provide for carrying out 

the provisions of the Center for Cultural and Technical Interchange 


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123 STAT. 3320 PUBLIC LAW 111–117—DEC. 16, 2009 

Between East and West Act of 1960, by grant to the Center for 

Cultural and Technical Interchange Between East and West in 

the State of Hawaii, $23,000,000: Provided, That none of the funds 

appropriated herein shall be used to pay any salary, or enter 

into any contract providing for the payment thereof, in excess 

of the rate authorized by 5 U.S.C. 5376. 

NATIONAL ENDOWMENT FOR DEMOCRACY

For grants made by the Department of State to the National 

Endowment for Democracy, as authorized by the National Endowment for Democracy Act, $118,000,000, to remain available until 

expended, of which $100,000,000 shall be allocated in the traditional 

and customary manner, including for the core institutes, and 

$18,000,000 shall be for democracy, human rights, and rule of 

law programs: Provided, That the President of the National Endowment for Democracy shall provide to the Committees on Appropriations not later than 45 days after the date of enactment of this 

Act a report on the proposed uses of funds under this heading 

on a regional and country basis. 

OTHER COMMISSIONS 

COMMISSION FOR THE PRESERVATION OF AMERICA’S HERITAGE

ABROAD

SALARIES AND EXPENSES

For necessary expenses for the Commission for the Preservation 

of America’s Heritage Abroad, $635,000, as authorized by section 

1303 of Public Law 99–83. 

UNITED STATES COMMISSION ON INTERNATIONAL RELIGIOUS

FREEDOM

SALARIES AND EXPENSES

For necessary expenses for the United States Commission on 

International Religious Freedom, as authorized by title II of the 

International Religious Freedom Act of 1998 (Public Law 105– 

292), $4,300,000, to remain available until September 30, 2011: 

Provided, That notwithstanding the expenditure limitation specified 

in section 208(c)(1) of such Act (22 U.S.C. 6435a(c)(1)), the Commission may expend up to $250,000 of the funds made available under 

this heading to procure temporary and intermittent services under 

the authority of section 3109(b) of title 5, United States Code. 

COMMISSION ON SECURITY AND COOPERATION IN EUROPE

SALARIES AND EXPENSES

For necessary expenses of the Commission on Security and 

Cooperation in Europe, as authorized by Public Law 94–304, 

$2,610,000, to remain available until September 30, 2011. 

Deadline. 

Reports. 


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PUBLIC LAW 111–117—DEC. 16, 2009 123 STAT. 3321 

CONGRESSIONAL-EXECUTIVE COMMISSION ON THE PEOPLE’S

REPUBLIC OF CHINA

SALARIES AND EXPENSES

For necessary expenses of the Congressional-Executive Commission on the People’s Republic of China, as authorized, $2,000,000, 

including not more than $3,000 for the purpose of official representation, to remain available until September 30, 2011. 

UNITED STATES-CHINA ECONOMIC AND SECURITY REVIEW

COMMISSION

SALARIES AND EXPENSES

For necessary expenses of the United States-China Economic 

and Security Review Commission, $3,500,000, including not more 

than $4,000 for the purpose of official representation, to remain 

available until September 30, 2011: Provided, That the Commission 

shall provide to the Committees on Appropriations a quarterly 

accounting of the cumulative balances of any unobligated funds 

that were received by the Commission during any previous fiscal 

year: Provided further, That section 308(e) of the United StatesChina Relations Act of 2000 (22 U.S.C. 6918(e)) (relating to the 

treatment of employees as Congressional employees), and section 

309 of such Act (22 U.S.C. 6919) (relating to printing and binding 

costs), shall apply to the Commission in the same manner as 

such section applies to the Congressional-Executive Commission 

on the People’s Republic of China: Provided further, That the 

Commission shall comply with chapter 43 of title 5, United States 

Code, regarding the establishment and regular review of employee 

performance appraisals: Provided further, That the Commission 

shall comply with section 4505a of title 5, United States Code, 

with respect to limitations on payment of performance-based cash 

awards: Provided further, That compensation for the executive 

director of the Commission may not exceed the rate payable for 

level II of the Executive Schedule under section 5313 of title 5, 

United States Code: Provided further, That travel by members 

and staff of the Commission shall be arranged and conducted under 

the rules and procedures applying to travel by members and staff 

of the House of Representatives. 

TITLE II 

UNITED STATES AGENCY FOR INTERNATIONAL 

DEVELOPMENT 

FUNDS APPROPRIATED TO THE PRESIDENT

OPERATING EXPENSES

(INCLUDING TRANSFER OF FUNDS)

For necessary expenses to carry out the provisions of section 

667 of the Foreign Assistance Act of 1961, $1,388,800,000, of which 

up to $105,000,000 may remain available until September 30, 2011: 

Provided, That none of the funds appropriated under this heading 

and under the heading ‘‘Capital Investment Fund’’ in this Act 

Reports. 

Deadline. 

Compliance. 

Compliance. 

Applicability. 

Deadline. 

Reports. 


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123 STAT. 3322 PUBLIC LAW 111–117—DEC. 16, 2009 

may be made available to finance the construction (including 

architect and engineering services), purchase, or long-term lease 

of offices for use by the United States Agency for International 

Development (USAID), unless the USAID Administrator has identified such proposed construction (including architect and engineering 

services), purchase, or long-term lease of offices in a report submitted to the Committees on Appropriations at least 15 days prior 

to the obligation of funds for such purposes: Provided further, 

That the previous proviso shall not apply when the total cost 

of construction (including architect and engineering services), purchase, or long-term lease of offices does not exceed $1,000,000: 

Provided further, That of the funds appropriated under this heading 

that are available for capital investments related to the Development Leadership Initiative, up to $245,000,000 may remain available until September 30, 2014: Provided further, That the USAID 

Administrator shall submit to the Committees on Appropriations, 

concurrent with the fiscal year 2011 congressional budget justification materials, a strategy described in the joint explanatory statement accompanying this Act for projected personnel requirements 

for USAID over the next 3 fiscal years: Provided further, That 

contracts or agreements entered into with funds appropriated under 

this heading may entail commitments for the expenditure of such 

funds through the following fiscal year: Provided further, That 

any decision to open a new USAID overseas mission or office or, 

except where there is a substantial security risk to mission personnel, to close or significantly reduce the number of personnel 

of any such mission or office, shall be subject to the regular notification procedures of the Committees on Appropriations: Provided 

further, That the authority of sections 610 and 109 of the Foreign 

Assistance Act of 1961 may be exercised by the Secretary of State 

to transfer funds appropriated to carry out chapter 1 of part I 

of such Act to ‘‘Operating Expenses’’ in accordance with the provisions of those sections: Provided further, That of the funds appropriated or made available under this heading, not to exceed 

$250,000 may be available for representation and entertainment 

allowances, of which not to exceed $5,000 may be available for 

entertainment allowances, for USAID during the current fiscal year: 

Provided further, That no such entertainment funds may be used 

for the purposes listed in section 7020 of this Act: Provided further, 

That appropriate steps shall be taken to assure that, to the maximum extent possible, United States-owned foreign currencies are 

utilized in lieu of dollars. 

CIVILIAN STABILIZATION INITIATIVE

For necessary expenses to carry out section 667 of the Foreign 

Assistance Act of 1961 for the United States Agency for International Development (USAID) to support, maintain, mobilize, and 

deploy a Civilian Response Corps in coordination with the Department of State, and for related reconstruction and stabilization 

assistance to prevent or respond to conflict or civil strife in foreign 

countries or regions, or to enable transition from such strife, 

$30,000,000, to remain available until expended: Provided, That 

not later than 45 days after enactment of this Act, the Secretary 

of State and the USAID Administrator shall submit a coordinated 

joint spending plan for funds made available under this heading 

Deadline. 

Spending plan. 

Notification. 

Strategy. 


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PUBLIC LAW 111–117—DEC. 16, 2009 123 STAT. 3323 

and under the heading ‘‘Civilian Stabilization Initiative’’ in title 

I of this Act. 

CAPITAL INVESTMENT FUND

For necessary expenses for overseas construction and related 

costs, and for the procurement and enhancement of information 

technology and related capital investments, pursuant to section 

667 of the Foreign Assistance Act of 1961, $185,000,000, to remain 

available until expended, of which not more than $134,500,000 

may be made available for the purpose of implementing the Capital 

Security Cost-Sharing Program: Provided, That this amount is in 

addition to funds otherwise available for such purposes: Provided 

further, That funds appropriated under this heading shall be available for obligation only pursuant to the regular notification procedures of the Committees on Appropriations. 

OFFICE OF INSPECTOR GENERAL

For necessary expenses to carry out the provisions of section 

667 of the Foreign Assistance Act of 1961, $46,500,000, to remain 

available until September 30, 2011, which sum shall be available 

for the Office of Inspector General of the United States Agency 

for International Development. 

TITLE III 

BILATERAL ECONOMIC ASSISTANCE 

FUNDS APPROPRIATED TO THE PRESIDENT

For necessary expenses to enable the President to carry out 

the provisions of the Foreign Assistance Act of 1961, and for other 

purposes, to remain available until September 30, 2010, unless 

otherwise specified herein, as follows: 

GLOBAL HEALTH AND CHILD SURVIVAL

(INCLUDING TRANSFER OF FUNDS)

For necessary expenses to carry out the provisions of chapters 

1 and 10 of part I of the Foreign Assistance Act of 1961, for 

global health activities, in addition to funds otherwise available 

for such purposes, $2,420,000,000, to remain available until September 30, 2011, and which shall be apportioned directly to the 

United States Agency for International Development (USAID): Provided, That this amount shall be made available for such activities 

as: (1) child survival and maternal health programs; (2) immunization and oral rehydration programs; (3) other health, nutrition, 

water and sanitation programs which directly address the needs 

of mothers and children, and related education programs; (4) assistance for children displaced or orphaned by causes other than AIDS; 

(5) programs for the prevention, treatment, control of, and research 

on HIV/AIDS, tuberculosis, polio, malaria, and other infectious diseases including neglected tropical diseases, and for assistance to 

communities severely affected by HIV/AIDS, including children 

infected or affected by AIDS; and (6) family planning/reproductive 

health: Provided further, That none of the funds appropriated under 

HIV/AIDS. 

Notification. 


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123 STAT. 3324 PUBLIC LAW 111–117—DEC. 16, 2009 

this paragraph may be made available for nonproject assistance, 

except that funds may be made available for such assistance for 

ongoing health activities: Provided further, That of the funds appropriated under this paragraph, $78,000,000 should be made available 

for a United States contribution to the GAVI Alliance: Provided 

further, That none of the funds made available in this Act nor 

any unobligated balances from prior appropriations Acts may be 

made available to any organization or program which, as determined by the President of the United States, supports or participates in the management of a program of coercive abortion or 

involuntary sterilization: Provided further, That any determination 

made under the previous proviso must be made no later than 

6 months after the date of enactment of this Act, and must be 

accompanied by the evidence and criteria utilized to make the 

determination: Provided further, That none of the funds made available under this Act may be used to pay for the performance of 

abortion as a method of family planning or to motivate or coerce 

any person to practice abortions: Provided further, That nothing 

in this paragraph shall be construed to alter any existing statutory 

prohibitions against abortion under section 104 of the Foreign 

Assistance Act of 1961: Provided further, That none of the funds 

made available under this Act may be used to lobby for or against 

abortion: Provided further, That in order to reduce reliance on 

abortion in developing nations, funds shall be available only to 

voluntary family planning projects which offer, either directly or 

through referral to, or information about access to, a broad range 

of family planning methods and services, and that any such voluntary family planning project shall meet the following requirements: (1) service providers or referral agents in the project shall 

not implement or be subject to quotas, or other numerical targets, 

of total number of births, number of family planning acceptors, 

or acceptors of a particular method of family planning (this provision 

shall not be construed to include the use of quantitative estimates 

or indicators for budgeting and planning purposes); (2) the project 

shall not include payment of incentives, bribes, gratuities, or financial reward to: (A) an individual in exchange for becoming a family 

planning acceptor; or (B) program personnel for achieving a numerical target or quota of total number of births, number of family 

planning acceptors, or acceptors of a particular method of family 

planning; (3) the project shall not deny any right or benefit, 

including the right of access to participate in any program of general 

welfare or the right of access to health care, as a consequence 

of any individual’s decision not to accept family planning services; 

(4) the project shall provide family planning acceptors comprehensible information on the health benefits and risks of the method 

chosen, including those conditions that might render the use of 

the method inadvisable and those adverse side effects known to 

be consequent to the use of the method; and (5) the project shall 

ensure that experimental contraceptive drugs and devices and medical procedures are provided only in the context of a scientific 

study in which participants are advised of potential risks and 

benefits; and, not less than 60 days after the date on which the 

USAID Administrator determines that there has been a violation 

of the requirements contained in paragraph (1), (2), (3), or (5) 

of this proviso, or a pattern or practice of violations of the requirements contained in paragraph (4) of this proviso, the Administrator 

Family planning. 

Requirements. 

Deadline. 

Determination. 

Reports. 

Lobbying. 

Abortion. 

Abortion. 

Deadline. 

President. 

Determination. 

Abortion. 

Sterilization. 


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PUBLIC LAW 111–117—DEC. 16, 2009 123 STAT. 3325 

shall submit to the Committees on Appropriations a report containing a description of such violation and the corrective action 

taken by the Agency: Provided further, That in awarding grants 

for natural family planning under section 104 of the Foreign Assistance Act of 1961 no applicant shall be discriminated against because 

of such applicant’s religious or conscientious commitment to offer 

only natural family planning; and, additionally, all such applicants 

shall comply with the requirements of the previous proviso: Provided further, That for purposes of this or any other Act authorizing 

or appropriating funds for the Department of State, foreign operations, and related programs, the term ‘‘motivate’’, as it relates 

to family planning assistance, shall not be construed to prohibit 

the provision, consistent with local law, of information or counseling 

about all pregnancy options: Provided further, That to the maximum 

extent practicable, taking into consideration cost, timely availability, and best health practices, funds appropriated in this Act 

or prior appropriations Acts that are made available for condom 

procurement should be made available for the procurement of 

condoms manufactured in the United States: Provided further, That 

information provided about the use of condoms as part of projects 

or activities that are funded from amounts appropriated by this 

Act shall be medically accurate and shall include the public health 

benefits and failure rates of such use. 

In addition, for necessary expenses to carry out the provisions 

of the Foreign Assistance Act of 1961 for the prevention, treatment, 

and control of, and research on, HIV/AIDS, $5,359,000,000, to 

remain available until expended, and which shall be apportioned 

directly to the Department of State: Provided, That of the funds 

appropriated under this paragraph, not less than $750,000,000 shall 

be made available, notwithstanding any other provision of law, 

except for the United States Leadership Against HIV/AIDS, Tuberculosis and Malaria Act of 2003 (Public Law 108–25), as amended, 

for a United States contribution to the Global Fund to Fight AIDS, 

Tuberculosis and Malaria, and shall be expended at the minimum 

rate necessary to make timely payment for projects and activities: 

Provided further, That up to 5 percent of the aggregate amount 

of funds made available to the Global Fund in fiscal year 2010 

may be made available to USAID for technical assistance related 

to the activities of the Global Fund: Provided further, That of 

the funds appropriated under this paragraph, up to $14,000,000 

may be made available, in addition to amounts otherwise available 

for such purposes, for administrative expenses of the Office of 

the United States Global AIDS Coordinator. 

DEVELOPMENT ASSISTANCE

For necessary expenses to carry out the provisions of sections 

103, 105, 106, and sections 251 through 255, and chapter 10 of 

part I of the Foreign Assistance Act of 1961, $2,520,000,000, to 

remain available until September 30, 2011: Provided, That of the 

funds appropriated by this Act, not less than $265,000,000 shall 

be made available for microenterprise and microfinance development programs for the poor, especially women: Provided further, 

That of the funds appropriated under this heading, not less than 

$23,500,000 shall be made available for the American Schools and 

Hospitals Abroad program: Provided further, That of the funds 

Condoms. 

Grants. 

Nondiscrimination. 

Compliance. 


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123 STAT. 3326 PUBLIC LAW 111–117—DEC. 16, 2009 

appropriated under this heading, $10,000,000 shall be made available for cooperative development programs within the Office of 

Private and Voluntary Cooperation, United States Agency for International Development (USAID): Provided further, That of the funds 

appropriated by this Act, not less than $315,000,000 shall be made 

available for water and sanitation supply projects pursuant to the 

Senator Paul Simon Water for the Poor Act of 2005 (Public Law 

109–121): Provided further, That the relevant bureaus and offices 

of USAID that support cross-cutting development programs shall 

coordinate such programs on a regular basis: Provided further, That of the funds appropriated by title III of this Act, not less 

than $1,169,833,000 should be made available for food security 

and agricultural development programs, which may be made available notwithstanding any other provision of law to address critical 

food shortages, of which $31,500,000 shall be made available for 

Collaborative Research Support Programs: Provided further, That 

prior to the obligation of funds pursuant to the previous proviso 

and after consultation with other relevant Federal departments 

and agencies, the Committees on Appropriations, and relevant nongovernmental organizations, the USAID Administrator shall submit 

to the Committees on Appropriations a strategy for achieving food 

security and agricultural development program goals: Provided further, That of the funds appropriated under this heading for food security and agricultural development programs, $10,000,000 shall 

be made available for a United States contribution to the endowment of the Global Crop Diversity Trust pursuant to section 3202 

of Public Law 110–246: Provided further, That of the funds appro- priated under this heading, not less than $20,000,000 shall be 

made available for programs to improve women’s leadership 

capacity in recipient countries. 

INTERNATIONAL DISASTER ASSISTANCE

For necessary expenses to carry out the provisions of section 

491 of the Foreign Assistance Act of 1961 for international disaster 

relief, rehabilitation, and reconstruction assistance, $845,000,000, 

to remain available until expended. 

TRANSITION INITIATIVES

For necessary expenses for international disaster rehabilitation 

and reconstruction assistance pursuant to section 491 of the Foreign 

Assistance Act of 1961, $55,000,000, to remain available until 

expended, to support transition to democracy and to long-term 

development of countries in crisis: Provided, That such support 

may include assistance to develop, strengthen, or preserve democratic institutions and processes, revitalize basic infrastructure, 

and foster the peaceful resolution of conflict: Provided further, That 

the United States Agency for International Development shall 

submit a report to the Committees on Appropriations at least 5 

days prior to beginning a new program of assistance: Provided 

further, That if the Secretary of State determines that it is important to the national interests of the United States to provide transition assistance in excess of the amount appropriated under this 

heading, up to $15,000,000 of the funds appropriated by this Act 

to carry out the provisions of part I of the Foreign Assistance 

Act of 1961 may be used for purposes of this heading and under 

the authorities applicable to funds appropriated under this heading: 

Determination. 

Reports. 

Deadline. 

Strategy. 


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PUBLIC LAW 111–117—DEC. 16, 2009 123 STAT. 3327 

Provided further, That funds made available pursuant to the previous proviso shall be made available subject to prior consultation 

with the Committees on Appropriations. 

COMPLEX CRISES FUND

For necessary expenses to carry out the provisions of the Foreign Assistance Act of 1961 to enable the Administrator of the 

United States Agency for International Development (USAID), in 

consultation with the Secretary of State, to support programs and 

activities to prevent or respond to emerging or unforeseen complex 

crises overseas, $50,000,000, to remain available until expended: 

Provided, That funds appropriated under this heading may be made 

available on such terms and conditions as the USAID Administrator 

may determine, in consultation with the Committees on Appropriations, for the purposes of preventing or responding to such crises, 

except that no funds shall be made available to respond to natural 

disasters: Provided further, That funds appropriated under this 

heading shall be made available notwithstanding section 10 of 

Public Law 91–672 and section 15 of the State Department Basic 

Authorities Act of 1956: Provided further, That the USAID Administrator may furnish assistance under this heading notwithstanding 

any other provision of law, except sections 7007, 7008, and 7018 

of this Act and section 620J of the Foreign Assistance Act of 

1961: Provided further, That funds appropriated under this heading 

shall be subject to the regular notification procedures of the 

Committees on Appropriations, except that such notifications shall 

be transmitted at least 5 days in advance of the obligation of 

funds: Provided further, That the requirements of the previous 

proviso may be waived if failure to do so would pose a substantial 

risk to human health or welfare: Provided further, That in case 

of any such waiver, notification to the Committees on Appropriations shall be provided as early as practicable, but in no event 

later than 3 days after taking the action to which such notification 

requirement was applicable, in the context of the circumstances 

necessitating such waiver: Provided further, That any such notification provided pursuant to such waiver shall contain an explanation 

of the emergency circumstances. 

DEVELOPMENT CREDIT AUTHORITY

(INCLUDING TRANSFER OF FUNDS)

For the cost of direct loans and loan guarantees provided by 

the United States Agency for International Development, as authorized by sections 256 and 635 of the Foreign Assistance Act of 

1961, up to $25,000,000 may be derived by transfer from funds 

appropriated by this Act to carry out part I of such Act and under 

the heading ‘‘Assistance for Europe, Eurasia and Central Asia’’: 

Provided, That funds provided under this paragraph and funds 

provided as a gift pursuant to section 635(d) of the Foreign Assistance Act of 1961 shall be made available only for micro and small 

enterprise programs, urban programs, and other programs which 

further the purposes of part I of such Act: Provided further, That 

such costs, including the cost of modifying such direct and guaranteed loans, shall be as defined in section 502 of the Congressional 

Budget Act of 1974, as amended: Provided further, That funds 

made available by this paragraph may be used for the cost of 

Notification. 

Notification. 

Deadline. 

Waiver authority. 

Notification. 

Deadline. 


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123 STAT. 3328 PUBLIC LAW 111–117—DEC. 16, 2009 

modifying any such guaranteed loans under this Act or prior Acts, 

and funds used for such costs shall be subject to the regular notification procedures of the Committees on Appropriations: Provided 

further, That the provisions of section 107A(d) (relating to general 

provisions applicable to the Development Credit Authority) of the 

Foreign Assistance Act of 1961, as contained in section 306 of 

H.R. 1486 as reported by the House Committee on International 

Relations on May 9, 1997, shall be applicable to direct loans and 

loan guarantees provided under this heading: Provided further, 

That these funds are available to subsidize total loan principal, 

any portion of which is to be guaranteed, of up to $700,000,000. 

In addition, for administrative expenses to carry out credit 

programs administered by the United States Agency for International Development, $8,600,000, which may be transferred to, 

and merged with, funds made available under the heading ‘‘Operating Expenses’’ in title II of this Act: Provided, That funds made 

available under this heading shall remain available until September 

30, 2012. 

ECONOMIC SUPPORT FUND

(INCLUDING TRANSFER OF FUNDS)

For necessary expenses to carry out the provisions of chapter 

4 of part II of the Foreign Assistance Act of 1961, $6,337,000,000, 

to remain available until September 30, 2011: Provided, That of 

the funds appropriated under this heading, $250,000,000 shall be 

available only for assistance for Egypt, which sum shall be provided 

on a grant basis, and of which sum cash transfer assistance shall 

be provided with the understanding that Egypt will undertake 

significant economic and democratic reforms which are additional 

to those which were undertaken in previous fiscal years: Provided 

further, That of the funds appropriated under this heading for 

assistance for Egypt, not less than $25,000,000 shall be made 

available for democracy, human rights and governance programs, 

and not less than $35,000,000 shall be made available for education 

programs, of which not less than $10,000,000 is for scholarships 

for Egyptian students with high financial need: Provided further, 

That $11,000,000 of the funds appropriated under this heading 

should be made available for assistance for Cyprus to be used 

only for scholarships, administrative support of the scholarship 

program, bicommunal projects, and measures aimed at reunification 

of the island and designed to reduce tensions and promote peace 

and cooperation between the two communities on Cyprus: Provided 

further, That $12,000,000 of the funds made available for assistance 

for Lebanon under this heading shall be made available for educational scholarships for students in Lebanon with high financial 

need: Provided further, That of the funds appropriated under this 

heading, not less than $363,000,000 shall be made available only 

for assistance for Jordan: Provided further, That of the funds appropriated under this heading not more than $400,400,000 may be 

made available for assistance for the West Bank and Gaza, of 

which not to exceed $2,000,000 may be used for administrative 

expenses of the United States Agency for International Development 

(USAID), in addition to funds otherwise available for such purposes: 

Provided further, That not more than $150,000,000 of the funds 

provided for the West Bank and Gaza shall be for cash transfer 

Applicability. 

Loans. 


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PUBLIC LAW 111–117—DEC. 16, 2009 123 STAT. 3329 

assistance: Provided further, That funds appropriated under this 

heading that are made available for assistance for infrastructure 

projects in Pakistan shall be implemented in a manner consistent 

with section 507(6) of the Trade Act of 1974 (19 U.S.C. 2467(6)): 

Provided further, That of the funds appropriated under this heading 

for assistance for Afghanistan and Pakistan, assistance may be 

provided notwithstanding any provision of law that restricts assistance to foreign countries for cross border stabilization and development programs between Afghanistan and Pakistan or between 

either country and the Central Asian republics: Provided further, 

That funds appropriated by this Act for assistance for Afghanistan 

and Pakistan may be made available for government-to-government 

assistance only if the Secretary of State certifies to the Committees 

on Appropriations that the Government of the United States and 

the government of the recipient country have agreed, in writing, 

to clear and achievable goals and objectives for the use of such 

funds, and have established mechanisms within each implementing 

agency to ensure that such funds are used for the purposes for 

which they were intended: Provided further, That any such cash 

transfer assistance shall be subject to prior consultation with the 

Committees on Appropriations: Provided further, That the Secretary 

of State should suspend any such cash transfer assistance to an 

implementing agency if the Secretary has credible evidence of 

misuse of such funds by any such agency: Provided further, That 

any decision to significantly modify the scope, objectives or 

implementation mechanisms of United States assistance programs 

in Afghanistan or Pakistan shall be subject to prior consultation 

with, and the regular notification procedures of, the Committees 

on Appropriations, except that the prior consultation requirement 

may be waived if it is determined that failure to do so would 

pose a substantial risk to human health or welfare: Provided further, That in case of any such waiver, notification to the Committees 

on Appropriations shall be provided as early as practicable, but 

in no event later than 3 days after taking the action to which 

such consultation requirement was applicable: Provided further, 

That of the funds made available under this heading for assistance 

for Pakistan, $2,000,000 shall be transferred to, and merged with, 

funds available under the heading ‘‘Administration of Foreign 

Affairs, Office of Inspector General’’ for oversight of programs in 

Pakistan: Provided further, That of the funds appropriated under 

this heading, $209,790,000 shall be apportioned directly to USAID 

for alternative development/institution building programs in 

Colombia: Provided further, That of the funds appropriated under 

this heading that are available for assistance for Colombia, not 

less than $8,000,000 shall be transferred to, and merged with, 

funds appropriated under the heading ‘‘Migration and Refugee 

Assistance’’ and shall be made available only for assistance to 

nongovernmental and international organizations that provide 

assistance to Colombian refugees in neighboring countries. 

DEMOCRACY FUND

For necessary expenses to carry out the provisions of the Foreign Assistance Act of 1961 for the promotion of democracy globally, 

$120,000,000, to remain available until September 30, 2011, of 

which $70,000,000 shall be made available for the Human Rights 

and Democracy Fund of the Bureau of Democracy, Human Rights 

Notification. 

Deadline. 

Notification. 

Waiver authority. 

Afghanistan. 

Pakistan. 

Certification. 

Pakistan. 


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123 STAT. 3330 PUBLIC LAW 111–117—DEC. 16, 2009 

and Labor, Department of State, and $50,000,000 shall be made 

available for the Office of Democracy and Governance of the Bureau 

for Democracy, Conflict, and Humanitarian Assistance, United 

States Agency for International Development. 

INTERNATIONAL FUND FOR IRELAND

For necessary expenses to carry out the provisions of chapter 4 of part II of the Foreign Assistance Act of 1961, $17,000,000, 

which shall be available for the United States contribution to the 

International Fund for Ireland and shall be made available in 

accordance with the provisions of the Anglo-Irish Agreement Support Act of 1986 (Public Law 99–415): Provided, That such amount 

shall be expended at the minimum rate necessary to make timely 

payment for projects and activities: Provided further, That funds 

made available under this heading shall remain available until 

September 30, 2011. 

ASSISTANCE FOR EUROPE, EURASIA AND CENTRAL ASIA

For necessary expenses to carry out the provisions of the Foreign Assistance Act of 1961, the FREEDOM Support Act, and 

the Support for East European Democracy (SEED) Act of 1989, 

$741,632,000, to remain available until September 30, 2011, which 

shall be available, notwithstanding any other provision of law, 

for assistance and for related programs for countries identified 

in section 3 of the FREEDOM Support Act and section 3(c) of 

the SEED Act: Provided, That funds appropriated under this 

heading shall be considered to be economic assistance under the 

Foreign Assistance Act of 1961 for purposes of making available 

the administrative authorities contained in that Act for the use 

of economic assistance: Provided further, That notwithstanding any 

provision of this or any other Act, funds appropriated in prior 

years under the headings ‘‘Independent States of the Former Soviet 

Union’’ and similar headings and ‘‘Assistance for Eastern Europe 

and the Baltic States’’ and similar headings, and currencies generated by or converted from such funds, shall be available for 

use in any country for which funds are made available under 

this heading without regard to the geographic limitations of the 

heading under which such funds were originally appropriated: Provided further, That funds made available for the Southern Caucasus 

region may be used for confidence-building measures and other 

activities in furtherance of the peaceful resolution of conflicts, 

including in Nagorno-Karabakh: Provided further, That of the funds 

appropriated under this heading that are available for assistance 

for the Kyrgyz Republic, up to $11,500,000 shall be made available 

for the Joint Development Fund. 

DEPARTMENT OF STATE

MIGRATION AND REFUGEE ASSISTANCE

For necessary expenses, not otherwise provided for, to enable 

the Secretary of State to provide, as authorized by law, a contribution to the International Committee of the Red Cross, assistance 

to refugees, including contributions to the International Organization for Migration and the United Nations High Commissioner 

for Refugees, and other activities to meet refugee and migration 


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PUBLIC LAW 111–117—DEC. 16, 2009 123 STAT. 3331 

needs; salaries and expenses of personnel and dependents as authorized by the Foreign Service Act of 1980; allowances as authorized 

by sections 5921 through 5925 of title 5, United States Code; 

purchase and hire of passenger motor vehicles; and services as 

authorized by section 3109 of title 5, United States Code, 

$1,685,000,000, to remain available until expended, of which 

$25,000,000 shall be made available for refugees resettling in Israel, 

and not less than $35,000,000 shall be made available to respond 

to small-scale emergency humanitarian requirements of international and nongovernmental partners. 

UNITED STATES EMERGENCY REFUGEE AND MIGRATION ASSISTANCE

FUND

For necessary expenses to carry out the provisions of section 

2(c) of the Migration and Refugee Assistance Act of 1962, as 

amended (22 U.S.C. 2601(c)), $45,000,000, to remain available until 

expended. 

INDEPENDENT AGENCIES

PEACE CORPS

(INCLUDING TRANSFER OF FUNDS)

For necessary expenses to carry out the provisions of the Peace 

Corps Act (22 U.S.C. 2501–2523), including the purchase of not 

to exceed five passenger motor vehicles for administrative purposes 

for use outside of the United States, $400,000,000, to remain available until September 30, 2011: Provided, That none of the funds 

appropriated under this heading shall be used to pay for abortions: 

Provided further, That the Director of the Peace Corps may transfer 

to the Foreign Currency Fluctuations Account, as authorized by 

22 U.S.C. 2515, an amount not to exceed $5,000,000: Provided 

further, That funds transferred pursuant to the previous proviso 

may not be derived from amounts made available for Peace Corps 

overseas operations: Provided further, That of the funds appropriated under this heading, not to exceed $4,000 may be made 

available for entertainment expenses: Provided further, That any 

decision to open, close, significantly reduce, or suspend a domestic 

or overseas office or country program shall be subject to prior 

consultation with, and the regular notification procedures of, the 

Committees on Appropriations, except that prior consultation and 

regular notification procedures may be waived when there is a 

substantial security risk to volunteers or other Peace Corps personnel, pursuant to section 7015(e) of this Act: Provided further, 

That not later than 45 days after enactment of this Act, the Director 

shall submit a spending plan to the Committees on Appropriations 

on the proposed uses of funds under this heading: Provided further, 

That not later than 180 days after enactment of this Act, the 

Director shall, after consultation with the Committees on Appropriations, submit a report to the Committees that includes the findings 

of a comprehensive assessment of the current program model of 

the Peace Corps and a strategy for reforming and improving operations. 

Deadline. 

Reports. 

Deadline. 

Spending plan. 

Notification. 

Waiver authority. 

Abortion. 


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123 STAT. 3332 PUBLIC LAW 111–117—DEC. 16, 2009 

MILLENNIUM CHALLENGE CORPORATION

(INCLUDING TRANSFER OF FUNDS)

For necessary expenses to carry out the provisions of the Millennium Challenge Act of 2003, $1,105,000,000 to remain available 

until expended: Provided, That of the funds appropriated under 

this heading, up to $95,000,000 may be available for administrative 

expenses of the Millennium Challenge Corporation (the Corporation): Provided further, That up to 10 percent of the funds appropriated under this heading may be made available to carry out 

the purposes of section 616 of the Millennium Challenge Act of 

2003 for fiscal year 2010: Provided further, That section 605(e)(4) 

of the Millennium Challenge Act of 2003 shall apply to funds 

appropriated under this heading: Provided further, That funds 

appropriated under this heading may be made available for a 

Millennium Challenge Compact entered into pursuant to section 

609 of the Millennium Challenge Act of 2003 only if such Compact 

obligates, or contains a commitment to obligate subject to the availability of funds and the mutual agreement of the parties to the 

Compact to proceed, the entire amount of the United States Government funding anticipated for the duration of the Compact: Provided 

further, That the Corporation should reimburse the United States 

Agency for International Development (USAID) for all expenses 

incurred by USAID with funds appropriated under this heading 

in assisting the Corporation in carrying out such Act, including 

administrative costs for compact development, negotiation, and 

implementation: Provided further, That the Chief Executive Officer 

of the Millennium Challenge Corporation shall notify the Committees on Appropriations not later than 15 days prior to signing 

any new country compact or new threshold country program; terminating or suspending any country compact or threshold country 

program; or commencing negotiations for any new compact or 

threshold country program: Provided further, That funds appropriated by this Act or any prior Act appropriating funds for the 

Department of State, foreign operations, and related programs that 

are made available for a Millennium Challenge Compact and that 

are suspended or terminated by the Chief Executive Officer of 

the Corporation shall be subject to the regular notification procedures of the Committees on Appropriations prior to re-obligation: 

Provided further, That none of the funds appropriated by this 

Act and prior Acts making appropriations for the Department of 

State, foreign operations, and related programs under this heading 

may be used for military assistance or military training, including 

for assistance for military or paramilitary purposes and for assistance to military forces: Provided further, That the terms and conditions of section 1105(c) of Public Law 111–32 shall apply to funds 

appropriated under this heading: Provided further, That a Millennium Challenge Corporation candidate country selected as an 

eligible country in fiscal year 2009 in accordance with section 607(c) 

of the Millennium Challenge Act of 2003 that is transitioning out 

of one of the income categories identified in subsections 606(a) 

and (b) shall retain its candidacy status at the lower income category for purposes of setting compact funding levels for the fiscal 

year of its transition and the two subsequent fiscal years: Provided 

further, That of the funds appropriated under this heading, not 

Candidacy 

status. 

Applicability. 

Notification. 

Notification. 

Deadline. 

Applicability. 


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PUBLIC LAW 111–117—DEC. 16, 2009 123 STAT. 3333 

to exceed $100,000 may be available for representation and entertainment allowances, of which not to exceed $5,000 may be available 

for entertainment allowances. 

INTER-AMERICAN FOUNDATION

For necessary expenses to carry out the functions of the InterAmerican Foundation in accordance with the provisions of section 

401 of the Foreign Assistance Act of 1969, $23,000,000, to remain 

available until September 30, 2011: Provided, That of the funds 

appropriated under this heading, not to exceed $2,000 may be 

available for entertainment and representation allowances. 

AFRICAN DEVELOPMENT FOUNDATION

For necessary expenses to carry out title V of the International 

Security and Development Cooperation Act of 1980 (Public Law 

96–533), $30,000,000, to remain available until September 30, 2011: 

Provided, That funds made available to grantees may be invested 

pending expenditure for project purposes when authorized by the 

Board of Directors of the Foundation: Provided further, That interest 

earned shall be used only for the purposes for which the grant 

was made: Provided further, That notwithstanding section 505(a)(2) 

of the African Development Foundation Act, in exceptional circumstances the Board of Directors of the Foundation may waive 

the $250,000 limitation contained in that section with respect to 

a project and a project may exceed the limitation by up to $10,000 

if the increase is due solely to foreign currency fluctuation: Provided 

further, That the Foundation shall provide a report to the Committees on Appropriations after each time such waiver authority is 

exercised. 

DEPARTMENT OF THE TREASURY

INTERNATIONAL AFFAIRS TECHNICAL ASSISTANCE

For necessary expenses to carry out the provisions of section 

129 of the Foreign Assistance Act of 1961, $25,000,000, to remain 

available until September 30, 2012, which shall be available notwithstanding any other provision of law. 

DEBT RESTRUCTURING

For the cost, as defined in section 502 of the Congressional 

Budget Act of 1974, of modifying loans and loan guarantees, as 

the President may determine, for which funds have been appropriated or otherwise made available for programs within the International Affairs Budget Function 150, including the cost of selling, 

reducing, or canceling amounts owed to the United States as a 

result of concessional loans made to eligible countries, pursuant 

to parts IV and V of the Foreign Assistance Act of 1961, of modifying 

concessional credit agreements with least developed countries, as 

authorized under section 411 of the Agricultural Trade Development 

and Assistance Act of 1954, as amended, of concessional loans, 

guarantees and credit agreements, as authorized under section 

572 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1989 (Public Law 100–461), and of canceling amounts owed, as a result of loans or guarantees made 

Reports. 

Waiver authority. 


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123 STAT. 3334 PUBLIC LAW 111–117—DEC. 16, 2009 

pursuant to the Export-Import Bank Act of 1945, by countries 

that are eligible for debt reduction pursuant to title V of H.R. 

3425 as enacted into law by section 1000(a)(5) of Public Law 106– 

113, $60,000,000, to remain available until September 30, 2012: 

Provided, That not less than $20,000,000 of the funds appropriated 

under this heading shall be made available to carry out the provisions of part V of the Foreign Assistance Act of 1961: Provided 

further, That amounts paid to the Heavily Indebted Poor Countries 

(HIPC) Trust Fund may be used only to fund debt reduction under 

the enhanced HIPC initiative by— 

(1) the Inter-American Development Bank; 

(2) the African Development Fund; 

(3) the African Development Bank; and 

(4) the Central American Bank for Economic Integration: 

Provided further, That funds may not be paid to the HIPC Trust 

Fund for the benefit of any country if the Secretary of State has 

credible evidence that the central government of such country is 

engaged in a consistent pattern of gross violations of internationally 

recognized human rights or in military or civil conflict that undermines its ability to develop and implement measures to alleviate 

poverty and to devote adequate human and financial resources 

to that end: Provided further, That on the basis of final appropriations, the Secretary of the Treasury shall consult with the Committees on Appropriations concerning which countries and international 

financial institutions are expected to benefit from a United States 

contribution to the HIPC Trust Fund during the fiscal year: Provided further, That the Secretary of the Treasury shall notify the 

Committees on Appropriations not less than 15 days in advance 

of the signature of an agreement by the United States to make 

payments to the HIPC Trust Fund of amounts for such countries 

and institutions: Provided further, That the Secretary of the 

Treasury may disburse funds designated for debt reduction through 

the HIPC Trust Fund only for the benefit of countries that— 

(1) have committed, for a period of 24 months, not to 

accept new market-rate loans from the international financial 

institution receiving debt repayment as a result of such 

disbursement, other than loans made by such institutions to 

export-oriented commercial projects that generate foreign 

exchange which are generally referred to as ‘‘enclave’’ loans; 

and 

(2) have documented and demonstrated their commitment 

to redirect their budgetary resources from international debt 

repayments to programs to alleviate poverty and promote economic growth that are additional to or expand upon those 

previously available for such purposes: 

Provided further, That any limitation of subsection (e) of section 

411 of the Agricultural Trade Development and Assistance Act 

of 1954 shall not apply to funds appropriated under this heading: 

Provided further, That none of the funds made available under 

this heading in this or any other appropriations Act shall be made 

available for Sudan or Burma unless the Secretary of the Treasury 

determines and notifies the Committees on Appropriations that 

a democratically elected government has taken office. 

Sudan. 

Burma. 

Determination. 

Notification. 

Notification. 

Deadline. 

Consultation. 

Human rights. 


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PUBLIC LAW 111–117—DEC. 16, 2009 123 STAT. 3335 

TITLE IV 

INTERNATIONAL SECURITY ASSISTANCE 

DEPARTMENT OF STATE

INTERNATIONAL NARCOTICS CONTROL AND LAW ENFORCEMENT

For necessary expenses to carry out section 481 of the Foreign 

Assistance Act of 1961, $1,597,000,000, to remain available until 

September 30, 2011: Provided, That during fiscal year 2010, the 

Department of State may also use the authority of section 608 

of the Foreign Assistance Act of 1961, without regard to its restrictions, to receive excess property from an agency of the United 

States Government for the purpose of providing it to a foreign 

country or international organization under chapter 8 of part I 

of that Act subject to the regular notification procedures of the 

Committees on Appropriations: Provided further, That the Secretary 

of State shall provide to the Committees on Appropriations not 

later than 45 days after the date of the enactment of this Act 

and prior to the initial obligation of funds appropriated under 

this heading, a report on the proposed uses of all funds under 

this heading on a country-by-country basis for each proposed program, project, or activity: Provided further, That section 482(b) 

of the Foreign Assistance Act of 1961 shall not apply to funds 

appropriated under this heading: Provided further, That assistance 

provided with funds appropriated under this heading that is made 

available notwithstanding section 482(b) of the Foreign Assistance 

Act of 1961 shall be made available subject to the regular notification procedures of the Committees on Appropriations: Provided 

further, That of the funds appropriated under this heading, 

$5,000,000 should be made available to combat piracy of United 

States copyrighted materials, consistent with the requirements of 

section 688(a) and (b) of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2008 (division 

J of Public Law 110–161): Provided further, That none of the 

funds appropriated under this heading for assistance for Afghanistan may be made available for eradication programs through the 

aerial spraying of herbicides unless the Secretary of State determines and reports to the Committees on Appropriations that the 

President of Afghanistan has requested assistance for such aerial 

spraying programs for counternarcotics purposes: Provided further, 

That in the event the Secretary of State makes a determination 

pursuant to the previous proviso, the Secretary shall consult with 

the Committees on Appropriations prior to the obligation of funds 

for such eradication programs: Provided further, That none of the 

funds appropriated under this heading for assistance for Colombia 

shall be made available for budget support or as cash payments: 

Provided further, That none of the funds appropriated under this 

heading shall be made available for assistance for the Bolivian 

military and police unless the Secretary of State determines and 

reports to the Committees on Appropriations that the Government 

of Bolivia is investigating, prosecuting, and punishing military and 

police personnel who have been credibly alleged to have violated 

internationally recognized human rights. 

Bolivia. 

Determination. 

Reports. 

Human rights. 

Colombia. 

Consultation. 

Afghanistan. 

Determination. 

Reports. 

Notification. 

Deadline. 

Reports. 

Notification. 


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123 STAT. 3336 PUBLIC LAW 111–117—DEC. 16, 2009 

NONPROLIFERATION, ANTI-TERRORISM, DEMINING AND RELATED

PROGRAMS

For necessary expenses for nonproliferation, anti-terrorism, demining and related programs and activities, $754,000,000, to 

carry out the provisions of chapter 8 of part II of the Foreign 

Assistance Act of 1961 for anti-terrorism assistance, chapter 9 of 

part II of the Foreign Assistance Act of 1961, section 504 of the 

FREEDOM Support Act, section 23 of the Arms Export Control 

Act or the Foreign Assistance Act of 1961 for demining activities, 

the clearance of unexploded ordnance, the destruction of small 

arms, and related activities, notwithstanding any other provision 

of law, including activities implemented through nongovernmental 

and international organizations, and section 301 of the Foreign 

Assistance Act of 1961 for a voluntary contribution to the International Atomic Energy Agency (IAEA), and for a United States 

contribution to the Comprehensive Nuclear Test Ban Treaty Preparatory Commission: Provided, That of this amount not to exceed 

$75,000,000, to remain available until expended, may be made 

available for the Nonproliferation and Disarmament Fund, notwithstanding any other provision of law, to promote bilateral and multilateral activities relating to nonproliferation, disarmament and 

weapons destruction: Provided further, That such funds may also 

be used for such countries other than the Independent States of 

the former Soviet Union and international organizations when it 

is in the national security interest of the United States to do 

so: Provided further, That funds made available for the Nonproliferation and Disarmament Fund shall be subject to prior consultation with, and the regular notification procedures of, the 

Committees on Appropriations: Provided further, That funds appropriated under this heading may be made available for the IAEA 

unless the Secretary of State determines that Israel is being denied 

its right to participate in the activities of that Agency: Provided 

further, That of the funds appropriated under this heading, not more than $500,000 may be made available for public-private partnerships for conventional weapons and mine action by grant, 

cooperative agreement or contract: Provided further, That of the 

funds made available for demining and related activities, not to 

exceed $700,000, in addition to funds otherwise available for such 

purposes, may be used for administrative expenses related to the 

operation and management of the demining program: Provided 

further, That funds appropriated under this heading that are available for ‘‘Anti-terrorism Assistance’’ and ‘‘Export Control and Border 

Security’’ shall remain available until September 30, 2011. 

PEACEKEEPING OPERATIONS

For necessary expenses to carry out the provisions of section 551 of the Foreign Assistance Act of 1961, $331,500,000: Provided, 

That funds appropriated under this heading may be used, notwithstanding section 660 of such Act, to provide assistance to enhance 

the capacity of foreign civilian security forces, including gendarmes, 

to participate in peacekeeping operations: Provided further, That 

of the funds appropriated under this heading, up to $102,000,000 

may be made available for assistance for Somalia, of which up 

to $55,000,000 may be used to pay assessed expenses of international peacekeeping activities in Somalia: Provided further, That 

of the funds appropriated under this heading, not less than 

Determination. 

Israel. 

Notification. 


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PUBLIC LAW 111–117—DEC. 16, 2009 123 STAT. 3337 

$26,000,000 shall be made available for a United States contribution 

to the Multinational Force and Observers mission in the Sinai: 

Provided further, That none of the funds appropriated under this 

heading shall be obligated or expended except as provided through 

the regular notification procedures of the Committees on Appropriations. 

FUNDS APPROPRIATED TO THE PRESIDENT

INTERNATIONAL MILITARY EDUCATION AND TRAINING

For necessary expenses to carry out the provisions of section 541 of the Foreign Assistance Act of 1961, $108,000,000, of which 

up to $4,000,000 may remain available until expended and may 

only be provided through the regular notification procedures of 

the Committees on Appropriations: Provided, That the civilian personnel for whom military education and training may be provided 

under this heading may include civilians who are not members 

of a government whose participation would contribute to improved 

civil-military relations, civilian control of the military, or respect 

for human rights: Provided further, That funds made available 

under this heading for assistance for Angola, Bangladesh, Cameroon, Central African Republic, Chad, Cote d’Ivoire, Democratic 

Republic of the Congo, Ethiopia, Guatemala, Guinea, Haiti, Kenya, 

Libya, Nepal, Nigeria, and Sri Lanka may only be provided through 

the regular notification procedures of the Committees on Appropriations and any such notification shall include a detailed description 

of proposed activities: Provided further, That of the funds appro- priated under this heading, not to exceed $55,000 may be available 

for entertainment allowances. 

FOREIGN MILITARY FINANCING PROGRAM

For necessary expenses for grants to enable the President to 

carry out the provisions of section 23 of the Arms Export Control 

Act, $4,195,000,000: Provided, That to expedite the provision of 

assistance to foreign countries and international organizations, the 

Secretary of State, following consultation with the Committees on 

Appropriations and subject to the regular notification procedures 

of such Committees, may use the funds appropriated under this 

heading to procure defense articles and services to enhance the 

capacity of foreign security forces: Provided further, That of the 

funds appropriated under this heading, not less than $2,220,000,000 

shall be available for grants only for Israel, and not less than 

$1,040,000,000 shall be made available for grants only for Egypt, 

including for border security programs and activities in the Sinai: 

Provided further, That the funds appropriated under this heading 

for assistance for Israel shall be disbursed within 30 days of the 

enactment of this Act: Provided further, That to the extent that 

the Government of Israel requests that funds be used for such 

purposes, grants made available for Israel under this heading shall, 

as agreed by the United States and Israel, be available for advanced 

weapons systems, of which not less than $583,860,000 shall be 

available for the procurement in Israel of defense articles and 

defense services, including research and development: Provided further, That funds appropriated under this heading estimated to 

be outlayed for Egypt during fiscal year 2010 shall be transferred 

to an interest bearing account for Egypt in the Federal Reserve 

Egypt. 

Deadline. 

Israel. 

Deadline. 

Notification. 

Foreign 

countries. 

Notification. 

Notification. 

Notification. 


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123 STAT. 3338 PUBLIC LAW 111–117—DEC. 16, 2009 

Bank of New York within 30 days of enactment of this Act: Provided 

further, That of the funds appropriated under this heading, $150,000,000 shall be made available for assistance for Jordan: 

Provided further, That of the funds appropriated under this heading, 

not more than $55,000,000 shall be available for assistance for 

Colombia, of which up to $12,500,000 is available to support maritime interdiction and riverine operations: Provided further, That 

of the funds appropriated under this heading, not less than 

$238,000,000 should be made available for assistance for Pakistan: 

Provided further, That in addition to the funds made available 

in the previous proviso, up to $60,000,000 of the funds appropriated 

under the heading ‘‘Economic Support Fund’’ in this Act and prior 

Acts making appropriations for the Department of State, foreign 

operations, and related programs, may be transferred to, and 

merged with, funds appropriated under this heading and made 

available for assistance for Pakistan, subject to the regular notification procedures of the Committees on Appropriations: Provided 

further, That none of the funds made available under this heading 

shall be made available to support or continue any program initially 

funded under the authority of section 1206 of the National Defense 

Authorization Act for Fiscal Year 2006 (Public Law 109–163; 119 

Stat. 3456) unless the Secretary of State, in coordination with 

the Secretary of Defense, has justified such program to the Committees on Appropriations: Provided further, That funds appropriated 

or otherwise made available under this heading shall be nonrepayable notwithstanding any requirement in section 23 of the Arms 

Export Control Act: Provided further, That funds made available 

under this heading shall be obligated upon apportionment in accordance with paragraph (5)(C) of title 31, United States Code, section 

1501(a). 

None of the funds made available under this heading shall 

be available to finance the procurement of defense articles, defense 

services, or design and construction services that are not sold by 

the United States Government under the Arms Export Control 

Act unless the foreign country proposing to make such procurements 

has first signed an agreement with the United States Government 

specifying the conditions under which such procurements may be 

financed with such funds: Provided, That all country and funding 

level increases in allocations shall be submitted through the regular 

notification procedures of section 7015 of this Act: Provided further, 

That none of the funds appropriated under this heading may be 

made available for assistance for Nepal, Sri Lanka, Pakistan, Bangladesh, Philippines, Indonesia, Bosnia and Herzegovina, Haiti, 

Guatemala, Ethiopia, Cambodia, Kenya, Chad, and the Democratic 

Republic of the Congo except pursuant to the regular notification 

procedures of the Committees on Appropriations: Provided further, 

That funds made available under this heading may be used, notwithstanding any other provision of law, for demining, the clearance 

of unexploded ordnance, and related activities, and may include 

activities implemented through nongovernmental and international 

organizations: Provided further, That only those countries for which 

assistance was justified for the ‘‘Foreign Military Sales Financing 

Program’’ in the fiscal year 1989 congressional presentation for 

security assistance programs may utilize funds made available 

under this heading for procurement of defense articles, defense 

services or design and construction services that are not sold by 

the United States Government under the Arms Export Control 

Foreign 

countries. 

Notification. 

Notification. 

Notification. 


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PUBLIC LAW 111–117—DEC. 16, 2009 123 STAT. 3339 

Act: Provided further, That funds appropriated under this heading 

shall be expended at the minimum rate necessary to make timely 

payment for defense articles and services: Provided further, That 

not more than $54,464,000 of the funds appropriated under this 

heading may be obligated for necessary expenses, including the 

purchase of passenger motor vehicles for replacement only for use 

outside of the United States, for the general costs of administering 

military assistance and sales, except that this limitation may be 

exceeded only through the regular notification procedures of the 

Committees on Appropriations: Provided further, That of the funds 

appropriated under this heading for general costs of administering 

military assistance and sales, not to exceed $4,000 may be available 

for entertainment expenses and not to exceed $130,000 may be 

available for representation allowances: Provided further, That not 

more than $550,000,000 of funds realized pursuant to section 

21(e)(1)(A) of the Arms Export Control Act may be obligated for 

expenses incurred by the Department of Defense during fiscal year 

2010 pursuant to section 43(b) of the Arms Export Control Act, 

except that this limitation may be exceeded only through the regular 

notification procedures of the Committees on Appropriations. 

TITLE V 

MULTILATERAL ASSISTANCE 

FUNDS APPROPRIATED TO THE PRESIDENT

INTERNATIONAL ORGANIZATIONS AND PROGRAMS

For necessary expenses to carry out the provisions of section 

301 of the Foreign Assistance Act of 1961, and of section 2 of 

the United Nations Environment Program Participation Act of 1973, 

$394,000,000: Provided, That section 307(a) of the Foreign Assistance Act of 1961 shall not apply to contributions to the United 

Nations Democracy Fund. 

INTERNATIONAL FINANCIAL INSTITUTIONS

GLOBAL ENVIRONMENT FACILITY

For the United States contribution for the Global Environment 

Facility, $86,500,000, to the International Bank for Reconstruction 

and Development as trustee for the Global Environment Facility, 

by the Secretary of the Treasury, to remain available until 

expended. 

CONTRIBUTION TO THE INTERNATIONAL DEVELOPMENT ASSOCIATION

For payment to the International Development Association by the Secretary of the Treasury, $1,262,500,000, to remain available 

until expended. 

CONTRIBUTION TO THE CLEAN TECHNOLOGY FUND

For contributions to the multilateral Clean Technology Fund, 

$300,000,000, to remain available until expended. 

Notification. 

Notification. 


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123 STAT. 3340 PUBLIC LAW 111–117—DEC. 16, 2009 

CONTRIBUTION TO THE STRATEGIC CLIMATE FUND

For contributions to the multilateral Strategic Climate Fund, 

$75,000,000, to remain available until expended. 

CONTRIBUTION TO THE INTER-AMERICAN DEVELOPMENT BANK

For payment to the Inter-American Investment Corporation by the Secretary of the Treasury, $4,670,000, to remain available 

until expended. 

CONTRIBUTION TO THE ENTERPRISE FOR THE AMERICAS

MULTILATERAL INVESTMENT FUND

For payment to the Enterprise for the Americas Multilateral 

Investment Fund by the Secretary of the Treasury, for the United 

States contribution to the fund, $25,000,000, to remain available 

until expended. 

CONTRIBUTION TO THE ASIAN DEVELOPMENT FUND

For the United States contribution by the Secretary of the 

Treasury to the increase in resources of the Asian Development 

Fund, as authorized by the Asian Development Bank Act, as 

amended, $105,000,000, to remain available until expended. 

CONTRIBUTION TO THE AFRICAN DEVELOPMENT FUND

For the United States contribution by the Secretary of the 

Treasury to the increase in resources of the African Development 

Fund, $155,000,000, to remain available until expended. 

CONTRIBUTION TO THE INTERNATIONAL FUND FOR AGRICULTURAL

DEVELOPMENT

For the United States contribution by the Secretary of the 

Treasury to increase the resources of the International Fund for 

Agricultural Development, $30,000,000, to remain available until 

expended. 

TITLE VI 

EXPORT AND INVESTMENT ASSISTANCE 

EXPORT-IMPORT BANK OF THE UNITED STATES

INSPECTOR GENERAL

For necessary expenses of the Office of Inspector General in 

carrying out the provisions of the Inspector General Act of 1978, 

as amended, $2,500,000, to remain available until September 30, 

2011. 

PROGRAM ACCOUNT

The Export-Import Bank of the United States is authorized 

to make such expenditures within the limits of funds and borrowing 

authority available to such corporation, and in accordance with 

law, and to make such contracts and commitments without regard 


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PUBLIC LAW 111–117—DEC. 16, 2009 123 STAT. 3341 

to fiscal year limitations, as provided by section 104 of the Government Corporation Control Act, as may be necessary in carrying 

out the program for the current fiscal year for such corporation: 

Provided, That none of the funds available during the current 

fiscal year may be used to make expenditures, contracts, or commitments for the export of nuclear equipment, fuel, or technology 

to any country, other than a nuclear-weapon state as defined in 

Article IX of the Treaty on the Non-Proliferation of Nuclear 

Weapons eligible to receive economic or military assistance under 

this Act, that has detonated a nuclear explosive after the date 

of the enactment of this Act: Provided further, That notwithstanding 

section 1(c) of Public Law 103–428, as amended, sections 1(a) and 

(b) of Public Law 103–428 shall remain in effect through October 

1, 2010: Provided further, That not less than 10 percent of the 

aggregate loan, guarantee, and insurance authority available to 

the Export-Import Bank under this Act should be used for renewable energy technologies or end-use energy efficiency technologies. 

SUBSIDY APPROPRIATION

For the cost of direct loans, loan guarantees, insurance, and 

tied-aid grants as authorized by section 10 of the Export-Import 

Bank Act of 1945, as amended, not to exceed $58,000,000: Provided, 

That such costs, including the cost of modifying such loans, shall 

be as defined in section 502 of the Congressional Budget Act of 

1974: Provided further, That such funds shall remain available 

until September 30, 2025, for the disbursement of direct loans, 

loan guarantees, insurance and tied-aid grants obligated in fiscal 

years 2010, 2011, 2012, and 2013: Provided further, That none 

of the funds appropriated by this Act or any prior Acts appropriating 

funds for the Department of State, foreign operations, and related 

programs for tied-aid credits or grants may be used for any other 

purpose except through the regular notification procedures of the 

Committees on Appropriations: Provided further, That funds appropriated by this paragraph are made available notwithstanding section 2(b)(2) of the Export-Import Bank Act of 1945, in connection 

with the purchase or lease of any product by any Eastern European 

country, any Baltic State or any agency or national thereof. 

ADMINISTRATIVE EXPENSES

For administrative expenses to carry out the direct and guaranteed loan and insurance programs, including hire of passenger 

motor vehicles and services as authorized by 5 U.S.C. 3109, and 

not to exceed $30,000 for official reception and representation 

expenses for members of the Board of Directors, not to exceed 

$83,880,000: Provided, That the Export-Import Bank may accept, 

and use, payment or services provided by transaction participants 

for legal, financial, or technical services in connection with any 

transaction for which an application for a loan, guarantee or insurance commitment has been made: Provided further, That notwithstanding subsection (b) of section 117 of the Export Enhancement 

Act of 1992, subsection (a) thereof shall remain in effect until 

October 1, 2010. 

Termination 

date. 

12 USC 635a 

note. 

Notification. 

Termination 

date. 

12 USC 635 note. 


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123 STAT. 3342 PUBLIC LAW 111–117—DEC. 16, 2009 

RECEIPTS COLLECTED

Receipts collected pursuant to the Export-Import Bank Act 

of 1945, as amended, and the Federal Credit Reform Act of 1990, 

as amended, in an amount not to exceed the amount appropriated 

herein, shall be credited as offsetting collections to this account: 

Provided, That the sums herein appropriated from the General 

Fund shall be reduced on a dollar-for-dollar basis by such offsetting 

collections so as to result in a final fiscal year appropriation from 

the General Fund estimated at $0: Provided further, That amounts 

collected in fiscal year 2010 in excess of obligations shall become 

available on September 1, 2010 and shall remain available until 

September 30, 2013. 

OVERSEAS PRIVATE INVESTMENT CORPORATION

NONCREDIT ACCOUNT

The Overseas Private Investment Corporation is authorized 

to make, without regard to fiscal year limitations, as provided 

by 31 U.S.C. 9104, such expenditures and commitments within 

the limits of funds available to it and in accordance with law 

as may be necessary: Provided, That the amount available for 

administrative expenses to carry out the credit and insurance programs (including an amount for official reception and representation 

expenses which shall not exceed $35,000) shall not exceed 

$52,310,000: Provided further, That project-specific transaction 

costs, including direct and indirect costs incurred in claims settlements, and other direct costs associated with services provided 

to specific investors or potential investors pursuant to section 234 

of the Foreign Assistance Act of 1961, shall not be considered 

administrative expenses for the purposes of this heading. 

PROGRAM ACCOUNT

For the cost of direct and guaranteed loans, $29,000,000, as 

authorized by section 234 of the Foreign Assistance Act of 1961, 

to be derived by transfer from the Overseas Private Investment 

Corporation Noncredit Account: Provided, That such costs, including 

the cost of modifying such loans, shall be as defined in section 

502 of the Congressional Budget Act of 1974: Provided further, 

That such sums shall be available for direct loan obligations and 

loan guaranty commitments incurred or made during fiscal years 

2010, 2011, and 2012: Provided further, That funds so obligated 

in fiscal year 2010 remain available for disbursement through 2018; 

funds obligated in fiscal year 2011 remain available for disbursement through 2019; and funds obligated in fiscal year 2012 remain 

available for disbursement through 2020: Provided further, That 

notwithstanding any other provision of law, the Overseas Private 

Investment Corporation is authorized to undertake any program 

authorized by title IV of the Foreign Assistance Act of 1961 in 

Iraq: Provided further, That funds made available pursuant to 

the authority of the previous proviso shall be subject to the regular 

notification procedures of the Committees on Appropriations. 

In addition, such sums as may be necessary for administrative 

expenses to carry out the credit program may be derived from 

amounts available for administrative expenses to carry out the 

Notification. 


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PUBLIC LAW 111–117—DEC. 16, 2009 123 STAT. 3343 

credit and insurance programs in the Overseas Private Investment 

Corporation Noncredit Account and merged with said account. 

FUNDS APPROPRIATED TO THE PRESIDENT

TRADE AND DEVELOPMENT AGENCY

For necessary expenses to carry out the provisions of section 661 of the Foreign Assistance Act of 1961, $55,200,000, to remain 

available until September 30, 2011: Provided, That of the funds 

appropriated under this heading, not more than $4,000 may be 

available for representation and entertainment allowances. 

TITLE VII 

GENERAL PROVISIONS 

ALLOWANCES AND DIFFERENTIALS

SEC. 7001. Funds appropriated under title I of this Act shall 

be available, except as otherwise provided, for allowances and differentials as authorized by subchapter 59 of title 5, United States 

Code; for services as authorized by 5 U.S.C. 3109; and for hire 

of passenger transportation pursuant to 31 U.S.C. 1343(b). 

UNOBLIGATED BALANCES REPORT

SEC. 7002. Any department or agency of the United States 

Government to which funds are appropriated or otherwise made 

available by this Act shall provide to the Committees on Appropriations a quarterly accounting of cumulative balances by program, 

project, and activity of the funds received by such department 

or agency in this fiscal year or any previous fiscal year that remain 

unobligated and unexpended. 

CONSULTING SERVICES

SEC. 7003. The expenditure of any appropriation under title 

I of this Act for any consulting service through procurement contract, pursuant to 5 U.S.C. 3109, shall be limited to those contracts 

where such expenditures are a matter of public record and available 

for public inspection, except where otherwise provided under 

existing law, or under existing Executive order issued pursuant 

to existing law. 

EMBASSY CONSTRUCTION

SEC. 7004. (a) Of funds provided under title I of this Act, 

except as provided in subsection (b), a project to construct a diplomatic facility of the United States may not include office space 

or other accommodations for an employee of a Federal agency 

or department if the Secretary of State determines that such department or agency has not provided to the Department of State the 

full amount of funding required by subsection (e) of section 604 

of the Secure Embassy Construction and Counterterrorism Act of 

1999 (as enacted into law by section 1000(a)(7) of Public Law 

106–113 and contained in appendix G of that Act; 113 Stat. 1501A– 

453), as amended by section 629 of the Departments of Commerce, 

Contracts. 


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123 STAT. 3344 PUBLIC LAW 111–117—DEC. 16, 2009 

Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 2005. 

(b) Notwithstanding the prohibition in subsection (a), a project 

to construct a diplomatic facility of the United States may include 

office space or other accommodations for members of the United 

States Marine Corps. 

(c) Funds appropriated by this Act, and any prior Act making 

appropriations for the Department of State, foreign operations, and 

related programs, which may be made available for the acquisition 

of property for diplomatic facilities in Kabul, Afghanistan, shall 

be subject to prior consultation with, and the regular notification 

procedures of, the Committees on Appropriations. 

PERSONNEL ACTIONS

SEC. 7005. Any costs incurred by a department or agency funded 

under title I of this Act resulting from personnel actions taken 

in response to funding reductions included in this Act shall be 

absorbed within the total budgetary resources available under title 

I to such department or agency: Provided, That the authority to 

transfer funds between appropriations accounts as may be necessary 

to carry out this section is provided in addition to authorities 

included elsewhere in this Act: Provided further, That use of funds 

to carry out this section shall be treated as a reprogramming 

of funds under section 7015 of this Act and shall not be available 

for obligation or expenditure except in compliance with the procedures set forth in that section. 

LOCAL GUARD CONTRACTS

SEC. 7006. In evaluating proposals for local guard contracts, 

the Secretary of State shall award contracts in accordance with 

section 136 of the Foreign Relations Authorization Act, Fiscal Years 

1990 and 1991 (22 U.S.C. 4864), except that the Secretary may 

grant authorization to award such contracts on the basis of best 

value as determined by a cost-technical tradeoff analysis (as 

described in Federal Acquisition Regulation part 15.101) in Iraq, 

Afghanistan, and Pakistan, notwithstanding subsection (c)(3) of 

such section: Provided, That the authority in this section shall 

apply to any options for renewal that may be exercised under 

such contracts that are awarded during the current fiscal year: 

Provided further, That prior to issuing a solicitation for a contract 

to be awarded pursuant to the authority under this section, the 

Secretary of State shall consult with the Committees on Foreign 

Relations and Appropriations of the Senate and the Committees 

on Foreign Affairs and Appropriations of the House of Representatives. 

PROHIBITION AGAINST DIRECT FUNDING FOR CERTAIN COUNTRIES

SEC. 7007. None of the funds appropriated or otherwise made 

available pursuant to titles III through VI of this Act shall be 

obligated or expended to finance directly any assistance or reparations for the governments of Cuba, North Korea, Iran, or Syria: 

Provided, That for purposes of this section, the prohibition on 

obligations or expenditures shall include direct loans, credits, insurance and guarantees of the Export-Import Bank or its agents. 

Consultation. 

Applicability. 

Consultation. 

Notification. 


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COUPS D’E ́TAT

SEC. 7008. None of the funds appropriated or otherwise made 

available pursuant to titles III through VI of this Act shall be 

obligated or expended to finance directly any assistance to the 

government of any country whose duly elected head of government 

is deposed by military coup or decree: Provided, That assistance 

may be resumed to such government if the President determines 

and certifies to the Committees on Appropriations that subsequent 

to the termination of assistance a democratically elected government 

has taken office: Provided further, That the provisions of this section 

shall not apply to assistance to promote democratic elections or 

public participation in democratic processes: Provided further, That 

funds made available pursuant to the previous provisos shall be 

subject to the regular notification procedures of the Committees 

on Appropriations. 

TRANSFER AUTHORITY

SEC. 7009. (a) DEPARTMENT OF STATE AND BROADCASTING

BOARD OF GOVERNORS.—Not to exceed 5 percent of any appropriation made available for the current fiscal year for the Department 

of State under title I of this Act may be transferred between 

such appropriations, but no such appropriation, except as otherwise 

specifically provided, shall be increased by more than 10 percent 

by any such transfers: Provided, That not to exceed 5 percent 

of any appropriation made available for the current fiscal year 

for the Broadcasting Board of Governors under title I of this Act 

may be transferred between such appropriations, but no such appropriation, except as otherwise specifically provided, shall be increased 

by more than 10 percent by any such transfers: Provided further, 

That any transfer pursuant to this section shall be treated as 

a reprogramming of funds under section 7015(a) and (b) of this 

Act and shall not be available for obligation or expenditure except 

in compliance with the procedures set forth in that section. 

(b) EXPORT FINANCING TRANSFER AUTHORITIES.—Not to exceed 

5 percent of any appropriation other than for administrative 

expenses made available for fiscal year 2010, for programs under 

title VI of this Act may be transferred between such appropriations 

for use for any of the purposes, programs, and activities for which 

the funds in such receiving account may be used, but no such 

appropriation, except as otherwise specifically provided, shall be 

increased by more than 25 percent by any such transfer: Provided, 

That the exercise of such authority shall be subject to the regular 

notification procedures of the Committees on Appropriations. 

(c) LIMITATION ON TRANSFERS BETWEEN AGENCIES.— (1) None of the funds made available under titles II through 

V of this Act may be transferred to any department, agency, 

or instrumentality of the United States Government, except 

pursuant to a transfer made by, or transfer authority provided 

in, this Act or any other appropriation Act. 

(2) Notwithstanding paragraph (1), in addition to transfers 

made by, or authorized elsewhere in, this Act, funds appropriated by this Act to carry out the purposes of the Foreign 

Assistance Act of 1961 may be allocated or transferred to agencies of the United States Government pursuant to the provisions 

of sections 109, 610, and 632 of the Foreign Assistance Act 

of 1961. 

Notification. 

Notification. 

President. 

Determination. 

Certification. 


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123 STAT. 3346 PUBLIC LAW 111–117—DEC. 16, 2009 

(3) Any agreement entered into by the United States 

Agency for International Development (USAID) or the Department of State with any department, agency, or instrumentality 

of the United States Government pursuant to section 632(b) 

of the Foreign Assistance Act of 1961 valued in excess of 

$1,000,000 and any agreement made pursuant to section 632(a) 

of such Act, with funds appropriated by this Act and prior 

Acts making appropriations for the Department of State, foreign 

operations, and related programs under the headings ‘‘Global 

Health and Child Survival’’, ‘‘Development Assistance’’, and 

‘‘Economic Support Fund’’ shall be subject to the regular 

notification procedures of the Committees on Appropriations: 

Provided, That the requirement in the previous sentence shall 

not apply to agreements entered into between USAID and 

the Department of State. 

(d) TRANSFERS BETWEEN ACCOUNTS.—None of the funds made 

available under titles II through V of this Act may be obligated 

under an appropriation account to which they were not appropriated, except for transfers specifically provided for in this Act, 

unless the President, not less than 5 days prior to the exercise 

of any authority contained in the Foreign Assistance Act of 1961 

to transfer funds, consults with and provides a written policy justification to the Committees on Appropriations. 

(e) AUDIT OF INTER-AGENCY TRANSFERS.—Any agreement for 

the transfer or allocation of funds appropriated by this Act, or 

prior Acts, entered into between the Department of State or USAID 

and another agency of the United States Government under the 

authority of section 632(a) of the Foreign Assistance Act of 1961 

or any comparable provision of law, shall expressly provide that 

the Inspector General for the agency receiving the transfer or 

allocation of such funds shall perform periodic program and financial audits of the use of such funds: Provided, That funds transferred 

under such authority may be made available for the cost of such 

audits. 

REPORTING REQUIREMENT

SEC. 7010. The Secretary of State shall provide the Committees 

on Appropriations, not later than April 1, 2010, and for each fiscal 

quarter, a report in writing on the uses of funds made available 

under the headings ‘‘Foreign Military Financing Program’’, ‘‘International Military Education and Training’’, and ‘‘Peacekeeping 

Operations’’: Provided, That such report shall include a description 

of the obligation and expenditure of funds, and the specific country 

in receipt of, and the use or purpose of the assistance provided 

by such funds. 

AVAILABILITY OF FUNDS

SEC. 7011. No part of any appropriation contained in this 

Act shall remain available for obligation after the expiration of 

the current fiscal year unless expressly so provided in this Act: 

Provided, That funds appropriated for the purposes of chapters 

1, 8, 11, and 12 of part I, section 661, section 667, chapters 4, 

5, 6, 8, and 9 of part II of the Foreign Assistance Act of 1961, 

section 23 of the Arms Export Control Act, and funds provided 

under the headings ‘‘Assistance for Europe, Eurasia and Central 

Asia’’ and ‘‘Development Credit Authority’’, shall remain available 

President. 

Deadline. 

Consultation. 

Policy 

justification. 

Notification. 


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PUBLIC LAW 111–117—DEC. 16, 2009 123 STAT. 3347 

for an additional 4 years from the date on which the availability 

of such funds would otherwise have expired, if such funds are 

initially obligated before the expiration of their respective periods 

of availability contained in this Act: Provided further, That, notwithstanding any other provision of this Act, any funds made available 

for the purposes of chapter 1 of part I and chapter 4 of part 

II of the Foreign Assistance Act of 1961 which are allocated or 

obligated for cash disbursements in order to address balance of 

payments or economic policy reform objectives, shall remain available until expended. 

LIMITATION ON ASSISTANCE TO COUNTRIES IN DEFAULT

SEC. 7012. No part of any appropriation provided under titles 

III through VI in this Act shall be used to furnish assistance 

to the government of any country which is in default during a 

period in excess of one calendar year in payment to the United 

States of principal or interest on any loan made to the government 

of such country by the United States pursuant to a program for 

which funds are appropriated under this Act unless the President 

determines, following consultations with the Committees on Appropriations, that assistance for such country is in the national interest 

of the United States. 

PROHIBITION ON TAXATION OF UNITED STATES ASSISTANCE

SEC. 7013. (a) PROHIBITION ON TAXATION.—None of the funds 

appropriated under titles III through VI of this Act may be made 

available to provide assistance for a foreign country under a new 

bilateral agreement governing the terms and conditions under which 

such assistance is to be provided unless such agreement includes 

a provision stating that assistance provided by the United States 

shall be exempt from taxation, or reimbursed, by the foreign government, and the Secretary of State shall expeditiously seek to negotiate amendments to existing bilateral agreements, as necessary, 

to conform with this requirement. 

(b) REIMBURSEMENT OF FOREIGN TAXES.—An amount equivalent to 200 percent of the total taxes assessed during fiscal year 

2010 on funds appropriated by this Act by a foreign government 

or entity against commodities financed under United States assistance programs for which funds are appropriated by this Act, either 

directly or through grantees, contractors and subcontractors shall 

be withheld from obligation from funds appropriated for assistance 

for fiscal year 2011 and allocated for the central government of 

such country and for the West Bank and Gaza program to the 

extent that the Secretary of State certifies and reports in writing 

to the Committees on Appropriations that such taxes have not 

been reimbursed to the Government of the United States. 

(c) DE MINIMIS EXCEPTION.—Foreign taxes of a de minimis 

nature shall not be subject to the provisions of subsection (b). 

(d) REPROGRAMMING OF FUNDS.—Funds withheld from obligation for each country or entity pursuant to subsection (b) shall 

be reprogrammed for assistance to countries which do not assess 

taxes on United States assistance or which have an effective 

arrangement that is providing substantial reimbursement of such 

taxes. 

(e) DETERMINATIONS.— 

President. 

Determination. 

Consultation. 


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123 STAT. 3348 PUBLIC LAW 111–117—DEC. 16, 2009 

(1) The provisions of this section shall not apply to any 

country or entity the Secretary of State determines— 

(A) does not assess taxes on United States assistance 

or which has an effective arrangement that is providing 

substantial reimbursement of such taxes; or 

(B) the foreign policy interests of the United States 

outweigh the purpose of this section to ensure that United 

States assistance is not subject to taxation. 

(2) The Secretary of State shall consult with the Committees on Appropriations at least 15 days prior to exercising 

the authority of this subsection with regard to any country 

or entity. 

(f) IMPLEMENTATION.—The Secretary of State shall issue rules, 

regulations, or policy guidance, as appropriate, to implement the 

prohibition against the taxation of assistance contained in this 

section. 

(g) DEFINITIONS.—As used in this section— 

(1) the terms ‘‘taxes’’ and ‘‘taxation’’ refer to value added 

taxes and customs duties imposed on commodities financed 

with United States assistance for programs for which funds 

are appropriated by this Act; and 

(2) the term ‘‘bilateral agreement’’ refers to a framework 

bilateral agreement between the Government of the United 

States and the government of the country receiving assistance 

that describes the privileges and immunities applicable to 

United States foreign assistance for such country generally, 

or an individual agreement between the Government of the 

United States and such government that describes, among other 

things, the treatment for tax purposes that will be accorded 

the United States assistance provided under that agreement. 

RESERVATIONS OF FUNDS

SEC. 7014. (a) Funds appropriated under titles II through VI 

of this Act which are specifically designated may be reprogrammed 

for other programs within the same account notwithstanding the 

designation if compliance with the designation is made impossible 

by operation of any provision of this or any other Act: Provided, 

That any such reprogramming shall be subject to the regular 

notification procedures of the Committees on Appropriations: Provided further, That assistance that is reprogrammed pursuant to 

this subsection shall be made available under the same terms 

and conditions as originally provided. 

(b) In addition to the authority contained in subsection (a), 

the original period of availability of funds appropriated by this 

Act and administered by the United States Agency for International 

Development (USAID) that are specifically designated for particular 

programs or activities by this or any other Act shall be extended 

for an additional fiscal year if the USAID Administrator determines 

and reports promptly to the Committees on Appropriations that 

the termination of assistance to a country or a significant change 

in circumstances makes it unlikely that such designated funds 

can be obligated during the original period of availability: Provided, 

That such designated funds that continue to be available for an 

additional fiscal year shall be obligated only for the purpose of 

such designation. 

Determination. 

Reports. 

Notification. 

Regulations. 

Consultation. 

Deadline. 


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PUBLIC LAW 111–117—DEC. 16, 2009 123 STAT. 3349 

(c) Ceilings and specifically designated funding levels contained 

in this Act shall not be applicable to funds or authorities appropriated or otherwise made available by any subsequent Act unless 

such Act specifically so directs: Provided, That specifically designated funding levels or minimum funding requirements contained 

in any other Act shall not be applicable to funds appropriated 

by this Act. 

REPROGRAMMING NOTIFICATION REQUIREMENTS

SEC. 7015. (a) None of the funds made available in title I 

of this Act, or in prior appropriations Acts to the agencies and 

departments funded by this Act that remain available for obligation 

or expenditure in fiscal year 2010, or provided from any accounts 

in the Treasury of the United States derived by the collection 

of fees or of currency reflows or other offsetting collections, or 

made available by transfer, to the agencies and departments funded 

by this Act, shall be available for obligation or expenditure through 

a reprogramming of funds that: (1) creates new programs; (2) eliminates a program, project, or activity; (3) increases funds or personnel 

by any means for any project or activity for which funds have 

been denied or restricted; (4) relocates an office or employees; (5) 

closes or opens a mission or post; (6) reorganizes or renames offices; 

(7) reorganizes programs or activities; or (8) contracts out or 

privatizes any functions or activities presently performed by Federal 

employees; unless the Committees on Appropriations are notified 

15 days in advance of such reprogramming of funds. 

(b) For the purposes of providing the executive branch with 

the necessary administrative flexibility, none of the funds provided 

under title I of this Act, or provided under previous appropriations 

Acts to the agency or department funded under title I of this 

Act that remain available for obligation or expenditure in fiscal 

year 2010, or provided from any accounts in the Treasury of the 

United States derived by the collection of fees available to the 

agency or department funded by title I of this Act, shall be available 

for obligation or expenditure for activities, programs, or projects 

through a reprogramming of funds in excess of $1,000,000 or 10 

percent, whichever is less, that: (1) augments existing programs, 

projects, or activities; (2) reduces by 10 percent funding for any 

existing program, project, or activity, or numbers of personnel by 

10 percent as approved by Congress; or (3) results from any general 

savings, including savings from a reduction in personnel, which 

would result in a change in existing programs, activities, or projects 

as approved by Congress; unless the Committees on Appropriations 

are notified 15 days in advance of such reprogramming of funds. 

(c) For the purposes of providing the executive branch with 

the necessary administrative flexibility, none of the funds made 

available under titles II through V in this Act under the headings 

‘‘Global Health and Child Survival’’, ‘‘Development Assistance’’, 

‘‘International Organizations and Programs’’, ‘‘Trade and Development Agency’’, ‘‘International Narcotics Control and Law Enforcement’’, ‘‘Assistance for Europe, Eurasia and Central Asia’’, ‘‘Economic Support Fund’’, ‘‘Democracy Fund’’, ‘‘Peacekeeping Operations’’, ‘‘Capital Investment Fund’’, ‘‘Operating Expenses’’, ‘‘Civilian 

Stabilization Initiative’’, ‘‘Office of Inspector General’’, ‘‘Nonproliferation, Anti-terrorism, Demining and Related Programs’’, 

‘‘Millennium Challenge Corporation’’, ‘‘Foreign Military Financing 

Deadlines. 


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123 STAT. 3350 PUBLIC LAW 111–117—DEC. 16, 2009 

Program’’, ‘‘International Military Education and Training’’, ‘‘Peace 

Corps’’, ‘‘Complex Crises Fund’’, and ‘‘Migration and Refugee Assistance’’, shall be available for obligation for activities, programs, 

projects, type of materiel assistance, countries, or other operations 

not justified or in excess of the amount justified to the Committees 

on Appropriations for obligation under any of these specific headings 

unless the Committees on Appropriations are previously notified 

15 days in advance: Provided, That the President shall not enter 

into any commitment of funds appropriated for the purposes of 

section 23 of the Arms Export Control Act for the provision of 

major defense equipment, other than conventional ammunition, 

or other major defense items defined to be aircraft, ships, missiles, 

or combat vehicles, not previously justified to Congress or 20 percent 

in excess of the quantities justified to Congress unless the Committees on Appropriations are notified 15 days in advance of such 

commitment: Provided further, That requirements of this subsection 

or any similar provision of any other Act shall not apply to any 

reprogramming for an activity, program, or project for which funds 

are appropriated under titles II through IV of this Act of less 

than 10 percent of the amount previously justified to the Congress 

for obligation for such activity, program, or project for the current 

fiscal year. 

(d) Notwithstanding any other provision of law, with the exception of funds transferred to, and merged with, funds appropriated 

under title I of this Act, funds transferred by the Department 

of Defense to the Department of State and the United States 

Agency for International Development for assistance for foreign 

countries and international organizations, and funds made available 

for programs authorized by section 1206 of the National Defense 

Authorization Act for Fiscal Year 2006 (Public Law 109–163), shall 

be subject to the regular notification procedures of the Committees 

on Appropriations. 

(e) The requirements of this section or any similar provision 

of this Act or any other Act, including any prior Act requiring 

notification in accordance with the regular notification procedures 

of the Committees on Appropriations, may be waived if failure 

to do so would pose a substantial risk to human health or welfare: 

Provided, That in case of any such waiver, notification to the 

Committees on Appropriations shall be provided as early as practicable, but in no event later than 3 days after taking the action 

to which such notification requirement was applicable, in the context of the circumstances necessitating such waiver: Provided further, That any notification provided pursuant to such a waiver 

shall contain an explanation of the emergency circumstances. 

(f) None of the funds appropriated under titles III through 

VI of this Act shall be obligated or expended for assistance for 

Serbia, Sudan, Zimbabwe, Pakistan, Dominican Republic, Cuba, 

Iran, Haiti, Libya, Ethiopia, Nepal, Colombia, Mexico, Kazakhstan, 

Somalia, Sri Lanka, or Cambodia and countries listed in section 

7045(c)(2) and (f)(2) of this Act except as provided through the 

regular notification procedures of the Committees on Appropriations. 

NOTIFICATION ON EXCESS DEFENSE EQUIPMENT

SEC. 7016. Prior to providing excess Department of Defense 

articles in accordance with section 516(a) of the Foreign Assistance 

Foreign 

countries. 

Explanation. 

Deadline. 

Waiver authority. 

President. 


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PUBLIC LAW 111–117—DEC. 16, 2009 123 STAT. 3351 

Act of 1961, the Department of Defense shall notify the Committees 

on Appropriations to the same extent and under the same conditions 

as other committees pursuant to subsection (f) of that section: 

Provided, That before issuing a letter of offer to sell excess defense 

articles under the Arms Export Control Act, the Department of 

Defense shall notify the Committees on Appropriations in accordance with the regular notification procedures of such Committees 

if such defense articles are significant military equipment (as 

defined in section 47(9) of the Arms Export Control Act) or are 

valued (in terms of original acquisition cost) at $7,000,000 or more, 

or if notification is required elsewhere in this Act for the use 

of appropriated funds for specific countries that would receive such 

excess defense articles: Provided further, That such Committees 

shall also be informed of the original acquisition cost of such defense 

articles. 

LIMITATION ON AVAILABILITY OF FUNDS FOR INTERNATIONAL

ORGANIZATIONS AND PROGRAMS

SEC. 7017. Subject to the regular notification procedures of 

the Committees on Appropriations, funds appropriated under titles 

III through VI of this Act or any previously enacted Act making 

appropriations for the Department of State, foreign operations, and 

related programs, which are returned or not made available for 

organizations and programs because of the implementation of section 307(a) of the Foreign Assistance Act of 1961, shall remain 

available for obligation until September 30, 2011. 

PROHIBITION ON FUNDING FOR ABORTIONS AND INVOLUNTARY

STERILIZATION

SEC. 7018. None of the funds made available to carry out 

part I of the Foreign Assistance Act of 1961, as amended, may 

be used to pay for the performance of abortions as a method of 

family planning or to motivate or coerce any person to practice 

abortions. None of the funds made available to carry out part 

I of the Foreign Assistance Act of 1961, as amended, may be 

used to pay for the performance of involuntary sterilization as 

a method of family planning or to coerce or provide any financial 

incentive to any person to undergo sterilizations. None of the funds 

made available to carry out part I of the Foreign Assistance Act 

of 1961, as amended, may be used to pay for any biomedical research 

which relates in whole or in part, to methods of, or the performance 

of, abortions or involuntary sterilization as a means of family planning. None of the funds made available to carry out part I of 

the Foreign Assistance Act of 1961, as amended, may be obligated 

or expended for any country or organization if the President certifies 

that the use of these funds by any such country or organization 

would violate any of the above provisions related to abortions and 

involuntary sterilizations. 

ALLOCATIONS

SEC. 7019. (a) Funds provided in this Act for the following 

accounts shall be made available for programs and countries in 

the amounts contained in the respective tables included in the 

joint explanatory statement accompanying this Act: 

‘‘American Sections, International Commissions’’. 

President. 

Certification. 

Notification. 


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123 STAT. 3352 PUBLIC LAW 111–117—DEC. 16, 2009 

‘‘Civilian Stabilization Initiative’’. 

‘‘Diplomatic and Consular Programs’’. 

‘‘Educational and Cultural Exchange Programs’’. 

‘‘International Boundary and Water Commission, United 

States and Mexico’’. 

‘‘International Fisheries Commissions’’. 

‘‘International Broadcasting Operations’’. 

‘‘Global Health and Child Survival’’. 

‘‘Democracy Fund’’. 

‘‘Economic Support Fund’’. 

‘‘Assistance for Europe, Eurasia and Central Asia’’. 

‘‘International Narcotics Control and Law Enforcement’’. 

‘‘Nonproliferation, Anti-terrorism, Demining and Related 

Programs’’. 

‘‘Foreign Military Financing Program’’. 

‘‘Peacekeeping Operations’’. 

‘‘International Organizations and Programs’’. 

(b) For the purposes of implementing this section and only 

with respect to the tables included in the joint explanatory statement accompanying this Act, the Secretary of State, the Administrator of the United States Agency for International Development 

and the Broadcasting Board of Governors, as appropriate, may 

propose deviations to the amounts referenced in subsection (a), 

subject to the regular notification procedures of the Committees 

on Appropriations. 

(c) The requirements contained in subsection (a) shall apply 

to the tables under the headings ‘‘Bilateral Economic Assistance’’ 

and ‘‘General Provisions’’ in the joint explanatory statement. 

PROHIBITION OF PAYMENT OF CERTAIN EXPENSES

SEC. 7020. None of the funds appropriated or otherwise made 

available by this Act under the headings ‘‘International Military 

Education and Training’’ or ‘‘Foreign Military Financing Program’’ 

for Informational Program activities or under the headings ‘‘Global 

Health and Child Survival’’, ‘‘Development Assistance’’, and ‘‘Economic Support Fund’’ may be obligated or expended to pay for— 

(1) alcoholic beverages; or 

(2) entertainment expenses for activities that are substantially of a recreational character, including but not limited 

to entrance fees at sporting events, theatrical and musical 

productions, and amusement parks. 

PROHIBITION ON ASSISTANCE TO FOREIGN GOVERNMENTS THAT EX- PORT LETHAL MILITARY EQUIPMENT TO COUNTRIES SUPPORTING

INTERNATIONAL TERRORISM

SEC. 7021. (a) None of the funds appropriated or otherwise 

made available by titles III through VI of this Act may be available 

to any foreign government which provides lethal military equipment 

to a country the government of which the Secretary of State has 

determined is a government that supports international terrorism 

for purposes of section 6(j) of the Export Administration Act of 

1979: Provided, That the prohibition under this section with respect 

to a foreign government shall terminate 12 months after that 

government ceases to provide such military equipment: Provided 

further, That this section applies with respect to lethal military 

Applicability. 

Termination 

date. 

President. 

Determination. 

Applicability. 

Notification. 


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PUBLIC LAW 111–117—DEC. 16, 2009 123 STAT. 3353 

equipment provided under a contract entered into after October 

1, 1997. 

(b) Assistance restricted by subsection (a) or any other similar 

provision of law, may be furnished if the President determines 

that to do so is important to the national interests of the United 

States. 

(c) Whenever the President makes a determination pursuant 

to subsection (b), the President shall submit to the Committees 

on Appropriations a report with respect to the furnishing of such 

assistance, including a detailed explanation of the assistance to 

be provided, the estimated dollar amount of such assistance, and 

an explanation of how the assistance furthers United States 

national interests. 

PROHIBITION ON BILATERAL ASSISTANCE TO TERRORIST COUNTRIES

SEC. 7022. (a) Funds appropriated for bilateral assistance in 

titles III through VI of this Act and funds appropriated under 

any such heading in a provision of law enacted prior to the enactment of this Act, shall not be made available to any country which 

the President determines— 

(1) grants sanctuary from prosecution to any individual 

or group which has committed an act of international terrorism; 

or 

(2) otherwise supports international terrorism. 

(b) The President may waive the application of subsection (a) 

to a country if the President determines that national security 

or humanitarian reasons justify such waiver: Provided, That the 

President shall publish each such waiver in the Federal Register 

and, at least 15 days before the waiver takes effect, shall notify 

the Committees on Appropriations of the waiver (including the 

justification for the waiver) in accordance with the regular notification procedures of the Committees on Appropriations. 

AUTHORIZATION REQUIREMENTS

SEC. 7023. Funds appropriated by this Act, except funds appropriated under the heading ‘‘Trade and Development Agency’’, may 

be obligated and expended notwithstanding section 10 of Public 

Law 91–672, section 15 of the State Department Basic Authorities 

Act of 1956, section 313 of the Foreign Relations Authorization 

Act, Fiscal Years 1994 and 1995 (Public Law 103–236), and section 

504(a)(1) of the National Security Act of 1947 (50 U.S.C. 414(a)(1)). 

DEFINITION OF PROGRAM, PROJECT, AND ACTIVITY

SEC. 7024. For the purpose of titles II through VI of this 

Act ‘‘program, project, and activity’’ shall be defined at the appropriations Act account level and shall include all appropriations 

and authorizations Acts funding directives, ceilings, and limitations 

with the exception that for the following accounts: ‘‘Economic Support Fund’’ and ‘‘Foreign Military Financing Program’’, ‘‘program, 

project, and activity’’ shall also be considered to include country, 

regional, and central program level funding within each such 

account; for the development assistance accounts of the United 

States Agency for International Development ‘‘program, project, 

and activity’’ shall also be considered to include central, country, 

regional, and program level funding, either as: (1) justified to the 

Reports. 

Deadline. 

Federal Register, 

publication. 

Deadline. 

Notification. 

Waiver authority. 

Determination. 

President. 

Determination. 

Reports. 


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123 STAT. 3354 PUBLIC LAW 111–117—DEC. 16, 2009 

Congress; or (2) allocated by the executive branch in accordance 

with a report, to be provided to the Committees on Appropriations 

within 30 days of the enactment of this Act, as required by section 

653(a) of the Foreign Assistance Act of 1961. 

AUTHORITIES FOR THE PEACE CORPS, INTER-AMERICAN FOUNDATION

AND AFRICAN DEVELOPMENT FOUNDATION

SEC. 7025. Unless expressly provided to the contrary, provisions 

of this or any other Act, including provisions contained in prior 

Acts authorizing or making appropriations for the Department of 

State, foreign operations, and related programs, shall not be construed to prohibit activities authorized by or conducted under the 

Peace Corps Act, the Inter-American Foundation Act or the African 

Development Foundation Act: Provided, That the agency shall 

promptly report to the Committees on Appropriations whenever 

it is conducting activities or is proposing to conduct activities in 

a country for which assistance is prohibited. 

COMMERCE, TRADE AND SURPLUS COMMODITIES

SEC. 7026. (a) None of the funds appropriated or made available 

pursuant to titles III through VI of this Act for direct assistance 

and none of the funds otherwise made available to the ExportImport Bank and the Overseas Private Investment Corporation 

shall be obligated or expended to finance any loan, any assistance 

or any other financial commitments for establishing or expanding 

production of any commodity for export by any country other than 

the United States, if the commodity is likely to be in surplus 

on world markets at the time the resulting productive capacity 

is expected to become operative and if the assistance will cause 

substantial injury to United States producers of the same, similar, 

or competing commodity: Provided, That such prohibition shall not 

apply to the Export-Import Bank if in the judgment of its Board 

of Directors the benefits to industry and employment in the United 

States are likely to outweigh the injury to United States producers 

of the same, similar, or competing commodity, and the Chairman 

of the Board so notifies the Committees on Appropriations. 

(b) None of the funds appropriated by this or any other Act 

to carry out chapter 1 of part I of the Foreign Assistance Act 

of 1961 shall be available for any testing or breeding feasibility 

study, variety improvement or introduction, consultancy, publication, conference, or training in connection with the growth or 

production in a foreign country of an agricultural commodity for 

export which would compete with a similar commodity grown or 

produced in the United States: Provided, That this subsection shall 

not prohibit— 

(1) activities designed to increase food security in developing countries where such activities will not have a significant 

impact on the export of agricultural commodities of the United 

States; or 

(2) research activities intended primarily to benefit American producers. 

(c) The Secretary of the Treasury shall instruct the United 

States Executive Directors of the International Bank for Reconstruction and Development, the International Development Association, 

22 USC 262h 

note. 

Notification. 

Reports. 


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PUBLIC LAW 111–117—DEC. 16, 2009 123 STAT. 3355 

the International Finance Corporation, the Inter-American Development Bank, the International Monetary Fund, the Asian Development Bank, the Inter-American Investment Corporation, the North 

American Development Bank, the European Bank for Reconstruction and Development, the African Development Bank, and the 

African Development Fund to use the voice and vote of the United 

States to oppose any assistance by these institutions, using funds 

appropriated or made available pursuant to titles III through VI 

of this Act, for the production or extraction of any commodity 

or mineral for export, if it is in surplus on world markets and 

if the assistance will cause substantial injury to United States 

producers of the same, similar, or competing commodity. 

SEPARATE ACCOUNTS

SEC. 7027. (a) SEPARATE ACCOUNTS FOR LOCAL CURRENCIES.— (1) If assistance is furnished to the government of a foreign 

country under chapters 1 and 10 of part I or chapter 4 of 

part II of the Foreign Assistance Act of 1961 under agreements 

which result in the generation of local currencies of that 

country, the Administrator of the United States Agency for 

International Development (USAID) shall— 

(A) require that local currencies be deposited in a 

separate account established by that government; 

(B) enter into an agreement with that government 

which sets forth— 

(i) the amount of the local currencies to be generated; and 

(ii) the terms and conditions under which the currencies so deposited may be utilized, consistent with 

this section; and 

(C) establish by agreement with that government the 

responsibilities of USAID and that government to monitor 

and account for deposits into and disbursements from the 

separate account. 

(2) USES OF LOCAL CURRENCIES.—As may be agreed upon 

with the foreign government, local currencies deposited in a 

separate account pursuant to subsection (a), or an equivalent 

amount of local currencies, shall be used only— 

(A) to carry out chapter 1 or 10 of part I or chapter 

4 of part II of the Foreign Assistance Act of 1961 (as 

the case may be), for such purposes as— 

(i) project and sector assistance activities; or 

(ii) debt and deficit financing; or 

(B) for the administrative requirements of the United 

States Government. 

(3) PROGRAMMING ACCOUNTABILITY.—USAID shall take all 

necessary steps to ensure that the equivalent of the local currencies disbursed pursuant to subsection (a)(2)(A) from the 

separate account established pursuant to subsection (a)(1) are 

used for the purposes agreed upon pursuant to subsection (a)(2). 

(4) TERMINATION OF ASSISTANCE PROGRAMS.—Upon termination of assistance to a country under chapter 1 or 10 of 

part I or chapter 4 of part II of the Foreign Assistance Act 

of 1961 (as the case may be), any unencumbered balances 

of funds which remain in a separate account established pursuant to subsection (a) shall be disposed of for such purposes 

22 USC 2362 

note. 


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123 STAT. 3356 PUBLIC LAW 111–117—DEC. 16, 2009 

as may be agreed to by the government of that country and 

the United States Government. 

(5) REPORTING REQUIREMENT.—The USAID Administrator 

shall report on an annual basis as part of the justification 

documents submitted to the Committees on Appropriations on 

the use of local currencies for the administrative requirements 

of the United States Government as authorized in subsection 

(a)(2)(B), and such report shall include the amount of local 

currency (and United States dollar equivalent) used and/or 

to be used for such purpose in each applicable country. 

(b) SEPARATE ACCOUNTS FOR CASH TRANSFERS.— 

(1) If assistance is made available to the government of 

a foreign country, under chapter 1 or 10 of part I or chapter 

4 of part II of the Foreign Assistance Act of 1961, as cash 

transfer assistance or as nonproject sector assistance, that 

country shall be required to maintain such funds in a separate 

account and not commingle them with any other funds. 

(2) APPLICABILITY OF OTHER PROVISIONS OF LAW.—Such 

funds may be obligated and expended notwithstanding provisions of law which are inconsistent with the nature of this 

assistance including provisions which are referenced in the 

Joint Explanatory Statement of the Committee of Conference 

accompanying House Joint Resolution 648 (House Report No. 

98–1159). 

(3) NOTIFICATION.—At least 15 days prior to obligating 

any such cash transfer or nonproject sector assistance, the 

President shall submit a notification through the regular 

notification procedures of the Committees on Appropriations, 

which shall include a detailed description of how the funds 

proposed to be made available will be used, with a discussion 

of the United States interests that will be served by the assistance (including, as appropriate, a description of the economic 

policy reforms that will be promoted by such assistance). 

(4) EXEMPTION.—Nonproject sector assistance funds may 

be exempt from the requirements of subsection (b)(1) only 

through the regular notification procedures of the Committees 

on Appropriations. 

ELIGIBILITY FOR ASSISTANCE

SEC. 7028. (a) ASSISTANCE THROUGH NONGOVERNMENTAL

ORGANIZATIONS.—Restrictions contained in this or any other Act 

with respect to assistance for a country shall not be construed 

to restrict assistance in support of programs of nongovernmental 

organizations from funds appropriated by this Act to carry out 

the provisions of chapters 1, 10, 11, and 12 of part I and chapter 

4 of part II of the Foreign Assistance Act of 1961, and from funds 

appropriated under the heading ‘‘Assistance for Europe, Eurasia 

and Central Asia’’: Provided, That before using the authority of 

this subsection to furnish assistance in support of programs of 

nongovernmental organizations, the President shall notify the 

Committees on Appropriations under the regular notification procedures of those committees, including a description of the program 

to be assisted, the assistance to be provided, and the reasons 

for furnishing such assistance: Provided further, That nothing in 

this subsection shall be construed to alter any existing statutory 

Abortion. 

Sterilization. 

President. 

Notification. 

Deadline. 

President. 


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prohibitions against abortion or involuntary sterilizations contained 

in this or any other Act. 

(b) PUBLIC LAW 480.—During fiscal year 2010, restrictions contained in this or any other Act with respect to assistance for 

a country shall not be construed to restrict assistance under the 

Agricultural Trade Development and Assistance Act of 1954: Provided, That none of the funds appropriated to carry out title I 

of such Act and made available pursuant to this subsection may 

be obligated or expended except as provided through the regular 

notification procedures of the Committees on Appropriations. 

(c) EXCEPTION.—This section shall not apply— 

(1) with respect to section 620A of the Foreign Assistance 

Act of 1961 or any comparable provision of law prohibiting 

assistance to countries that support international terrorism; 

or 

(2) with respect to section 116 of the Foreign Assistance 

Act of 1961 or any comparable provision of law prohibiting 

assistance to the government of a country that violates internationally recognized human rights. 

IMPACT ON JOBS IN THE UNITED STATES

SEC. 7029. None of the funds appropriated under titles III 

through VI of this Act may be obligated or expended to provide— 

(1) any financial incentive to a business enterprise currently located in the United States for the purpose of inducing 

such an enterprise to relocate outside the United States if 

such incentive or inducement is likely to reduce the number 

of employees of such business enterprise in the United States 

because United States production is being replaced by such 

enterprise outside the United States; or 

(2) assistance for any program, project, or activity that 

contributes to the violation of internationally recognized 

workers rights, as defined in section 507(4) of the Trade Act 

of 1974, of workers in the recipient country, including any 

designated zone or area in that country: Provided, That the 

application of section 507(4)(D) and (E) of such Act should 

be commensurate with the level of development of the recipient 

country and sector, and shall not preclude assistance for the 

informal sector in such country, micro and small-scale enterprise, and smallholder agriculture. 

INTERNATIONAL FINANCIAL INSTITUTIONS

SEC. 7030. (a) None of the funds appropriated in title V of 

this Act may be made as payment to any international financial 

institution while the United States Executive Director to such 

institution is compensated by the institution at a rate which, 

together with whatever compensation such Director receives from 

the United States, is in excess of the rate provided for an individual 

occupying a position at level IV of the Executive Schedule under 

section 5315 of title 5, United States Code, or while any alternate 

United States Director to such institution is compensated by the 

institution at a rate in excess of the rate provided for an individual 

occupying a position at level V of the Executive Schedule under 

section 5316 of title 5, United States Code. 

(b) The Secretary of the Treasury shall instruct the United 

States Executive Director at each international financial institution 


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to oppose any loan, grant, strategy or policy of such institution 

that would require user fees or service charges on poor people 

for primary education or primary healthcare, including prevention, 

care and treatment for HIV/AIDS, malaria, tuberculosis, and infant, 

child, and maternal health, in connection with the institutions’ 

financing programs. 

(c) The Secretary of the Treasury shall instruct the United 

States Executive Director of the International Monetary Fund (the 

Fund) to use the voice and vote of the United States to oppose 

any loan, project, agreement, memorandum, instrument, plan, or 

other program of the Fund to a Heavily Indebted Poor Country 

that imposes budget caps or restraints that do not allow the maintenance of or an increase in governmental spending on health care 

or education; and to promote government spending on health care, 

education, food aid, or other critical safety net programs in all 

of the Fund’s activities with respect to Heavily Indebted Poor Countries. 

(d) For purposes of this section ‘‘international financial institutions’’ are the International Bank for Reconstruction and Development, the Inter-American Development Bank, the Asian Development Bank, the Asian Development Fund, the African Development 

Bank, the African Development Fund, the International Monetary 

Fund, the North American Development Bank, and the European 

Bank for Reconstruction and Development. 

DEBT-FOR-DEVELOPMENT

SEC. 7031. In order to enhance the continued participation 

of nongovernmental organizations in debt-for-development and debtfor-nature exchanges, a nongovernmental organization which is a 

grantee or contractor of the United States Agency for International 

Development may place in interest bearing accounts local currencies 

which accrue to that organization as a result of economic assistance 

provided under title III of this Act and, subject to the regular 

notification procedures of the Committees on Appropriations, any 

interest earned on such investment shall be used for the purpose 

for which the assistance was provided to that organization. 

AUTHORITY TO ENGAGE IN DEBT BUYBACKS OR SALES

SEC. 7032. (a) LOANS ELIGIBLE FOR SALE, REDUCTION, OR CAN- CELLATION.— 

(1) AUTHORITY TO SELL, REDUCE, OR CANCEL CERTAIN

LOANS.—Notwithstanding any other provision of law, the President may, in accordance with this section, sell to any eligible 

purchaser any concessional loan or portion thereof made before 

January 1, 1995, pursuant to the Foreign Assistance Act of 

1961, to the government of any eligible country as defined 

in section 702(6) of that Act or on receipt of payment from 

an eligible purchaser, reduce or cancel such loan or portion 

thereof, only for the purpose of facilitating— 

(A) debt-for-equity swaps, debt-for-development swaps, 

or debt-for-nature swaps; or 

(B) a debt buyback by an eligible country of its own 

qualified debt, only if the eligible country uses an additional 

amount of the local currency of the eligible country, equal 

to not less than 40 percent of the price paid for such 

debt by such eligible country, or the difference between 

Notification. 


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the price paid for such debt and the face value of such 

debt, to support activities that link conservation and 

sustainable use of natural resources with local community 

development, and child survival and other child development, in a manner consistent with sections 707 through 

710 of the Foreign Assistance Act of 1961, if the sale, 

reduction, or cancellation would not contravene any term 

or condition of any prior agreement relating to such loan. 

(2) TERMS AND CONDITIONS.—Notwithstanding any other 

provision of law, the President shall, in accordance with this 

section, establish the terms and conditions under which loans 

may be sold, reduced, or canceled pursuant to this section. 

(3) ADMINISTRATION.—The Facility, as defined in section 

702(8) of the Foreign Assistance Act of 1961, shall notify the 

administrator of the agency primarily responsible for administering part I of the Foreign Assistance Act of 1961 of purchasers that the President has determined to be eligible, and 

shall direct such agency to carry out the sale, reduction, or 

cancellation of a loan pursuant to this section: Provided, That 

such agency shall make adjustment in its accounts to reflect 

the sale, reduction, or cancellation. 

(4) LIMITATION.—The authorities of this subsection shall 

be available only to the extent that appropriations for the 

cost of the modification, as defined in section 502 of the 

Congressional Budget Act of 1974, are made in advance. 

(b) DEPOSIT OF PROCEEDS.—The proceeds from the sale, reduction, or cancellation of any loan sold, reduced, or canceled pursuant 

to this section shall be deposited in the United States Government 

account or accounts established for the repayment of such loan. 

(c) ELIGIBLE PURCHASERS.—A loan may be sold pursuant to 

subsection (a)(1)(A) only to a purchaser who presents plans satisfactory to the President for using the loan for the purpose of engaging 

in debt-for-equity swaps, debt-for-development swaps, or debt-fornature swaps. 

(d) DEBTOR CONSULTATIONS.—Before the sale to any eligible 

purchaser, or any reduction or cancellation pursuant to this section, 

of any loan made to an eligible country, the President should 

consult with the country concerning the amount of loans to be 

sold, reduced, or canceled and their uses for debt-for-equity swaps, 

debt-for-development swaps, or debt-for-nature swaps. 

(e) AVAILABILITY OF FUNDS.—The authority provided by subsection (a) may be used only with regard to funds appropriated 

by this Act under the heading ‘‘Debt Restructuring’’. 

SPECIAL DEBT RELIEF FOR THE POOREST

SEC. 7033. (a) AUTHORITY TO REDUCE DEBT.—The President 

may reduce amounts owed to the United States (or any agency 

of the United States) by an eligible country as a result of— 

(1) guarantees issued under sections 221 and 222 of the 

Foreign Assistance Act of 1961; 

(2) credits extended or guarantees issued under the Arms 

Export Control Act; or 

(3) any obligation or portion of such obligation, to pay 

for purchases of United States agricultural commodities guaranteed by the Commodity Credit Corporation under export credit 

guarantee programs authorized pursuant to section 5(f) of the 

Notification. 

President. 

Determination. 

President. 


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Commodity Credit Corporation Charter Act of June 29, 1948, 

as amended, section 4(b) of the Food for Peace Act of 1966, 

as amended (Public Law 89–808), or section 202 of the Agricultural Trade Act of 1978, as amended (Public Law 95–501). 

(b) LIMITATIONS.— 

(1) The authority provided by subsection (a) may be exercised only to implement multilateral official debt relief and 

referendum agreements, commonly referred to as ‘‘Paris Club 

Agreed Minutes’’. 

(2) The authority provided by subsection (a) may be exercised only in such amounts or to such extent as is provided 

in advance by appropriations Acts. 

(3) The authority provided by subsection (a) may be exercised only with respect to countries with heavy debt burdens 

that are eligible to borrow from the International Development 

Association, but not from the International Bank for 

Reconstruction and Development, commonly referred to as 

‘‘IDA-only’’ countries. 

(c) CONDITIONS.—The authority provided by subsection (a) may 

be exercised only with respect to a country whose government— 

(1) does not have an excessive level of military expenditures; 

(2) has not repeatedly provided support for acts of international terrorism; 

(3) is not failing to cooperate on international narcotics 

control matters; 

(4) (including its military or other security forces) does 

not engage in a consistent pattern of gross violations of internationally recognized human rights; and 

(5) is not ineligible for assistance because of the application 

of section 527 of the Foreign Relations Authorization Act, Fiscal 

Years 1994 and 1995. 

(d) AVAILABILITY OF FUNDS.—The authority provided by subsection (a) may be used only with regard to the funds appropriated 

by this Act under the heading ‘‘Debt Restructuring’’. 

(e) CERTAIN PROHIBITIONS INAPPLICABLE.—A reduction of debt 

pursuant to subsection (a) shall not be considered assistance for 

the purposes of any provision of law limiting assistance to a country: 

Provided, That the authority provided by subsection (a) may be 

exercised notwithstanding section 620(r) of the Foreign Assistance 

Act of 1961 or section 321 of the International Development and 

Food Assistance Act of 1975. 

SPECIAL AUTHORITIES

SEC. 7034. (a) AFGHANISTAN, IRAQ, PAKISTAN, LEBANON, MONTENEGRO, VICTIMS OF WAR, DISPLACED CHILDREN, AND DISPLACED

BURMESE.—Funds appropriated under titles III through VI of this 

Act that are made available for assistance for Afghanistan may 

be made available notwithstanding section 7012 of this Act or 

any similar provision of law and section 660 of the Foreign Assistance Act of 1961, and funds appropriated in titles III and VI 

of this Act that are made available for Iraq, Lebanon, Montenegro, 

Pakistan, and for victims of war, displaced children, and displaced 

Burmese, and to assist victims of trafficking in persons and, subject 

Notification. 


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to the regular notification procedures of the Committees on Appropriations, to combat such trafficking, may be made available notwithstanding any other provision of law. 

(b) WAIVER.— (1) The President may waive the provisions of section 1003 

of Public Law 100–204 if the President determines and certifies 

in writing to the Speaker of the House of Representatives, 

the President pro tempore of the Senate, and the Committees 

on Appropriations that it is important to the national security 

interests of the United States. 

(2) PERIOD OF APPLICATION OF WAIVER.—Any waiver pursuant to paragraph (1) shall be effective for no more than a 

period of 6 months at a time and shall not apply beyond 

12 months after the enactment of this Act. 

(c) SMALL BUSINESS.—In entering into multiple award indefinite-quantity contracts with funds appropriated by this Act, the 

United States Agency for International Development may provide 

an exception to the fair opportunity process for placing task orders 

under such contracts when the order is placed with any category 

of small or small disadvantaged business. 

(d) AUTHORITY REPEALED.—Section 7034(d) of Public Law 111– 

8 is hereby repealed. 

(e) RECONSTITUTING CIVILIAN POLICE AUTHORITY.—In providing 

assistance with funds appropriated by this Act under section 

660(b)(6) of the Foreign Assistance Act of 1961, support for a 

nation emerging from instability may be deemed to mean support 

for regional, district, municipal, or other sub-national entity 

emerging from instability, as well as a nation emerging from instability. 

(f) EXTENSION OF AUTHORITY.—The Foreign Operations, Export 

Financing, and Related Programs Appropriations Act, 1990 (Public 

Law 101–167) is amended— 

(1) in section 599D (8 U.S.C. 1157 note)— 

(A) in subsection (b)(3), by striking ‘‘and 2009’’ and 

inserting ‘‘2009, and 2010’’; and 

(B) in subsection (e), by striking ‘‘2009’’ each place 

it appears and inserting ‘‘2010’’; and 

(2) in section 599E (8 U.S.C. 1255 note) in subsection 

(b)(2), by striking ‘‘2009’’ and inserting ‘‘2010’’. 

(g) WORLD FOOD PROGRAM.—Of the funds managed by the 

Bureau for Democracy, Conflict, and Humanitarian Assistance, 

United States Agency for International Development, from this 

or any other Act, not less than $10,000,000 shall be made available 

as a general contribution to the World Food Program, notwithstanding any other provision of law. 

(h) DISARMAMENT, DEMOBILIZATION AND REINTEGRATION.—Notwithstanding any other provision of law, regulation or Executive 

order, funds appropriated by this Act and prior Acts making appropriations for the Department of State, foreign operations, and 

related programs under the headings ‘‘Economic Support Fund’’, 

‘‘Peacekeeping Operations’’, ‘‘International Disaster Assistance’’, and 

‘‘Transition Initiatives’’ should be made available to support programs to disarm, demobilize, and reintegrate into civilian society 

former members of foreign terrorist organizations: Provided, That 

the Secretary of State shall consult with the Committees on Appropriations prior to the obligation of funds pursuant to this subsection: 

Provided further, That for the purposes of this subsection the term Definition. 

Consultation. 

Ante, p. 877. 

President. 

Determination. 

Certification. 


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‘‘foreign terrorist organization’’ means an organization designated 

as a terrorist organization under section 219 of the Immigration 

and Nationality Act. 

(i) MIDDLE EAST FOUNDATION.—Funds appropriated by this 

Act and prior Acts for a Middle East Foundation shall be subject 

to the regular notification procedures of the Committees on Appropriations. 

(j) CONTINGENCIES.—During fiscal year 2010, the President may use up to $50,000,000 under the authority of section 451 of the 

Foreign Assistance Act of 1961, notwithstanding any other provision 

of law. 

(k) PROGRAM FOR RESEARCH AND TRAINING ON EASTERN EUROPE

AND THE INDEPENDENT STATES OF THE FORMER SOVIET UNION.— Of the funds appropriated by this Act under the heading, ‘‘Economic 

Support Fund’’, not less than $5,000,000 shall be made available 

to carry out the Program for Research and Training on Eastern 

Europe and the Independent States of the Former Soviet Union 

(title VIII) as authorized by the Soviet-Eastern European Research 

and Training Act of 1983 (22 U.S.C. 4501–4508, as amended). 

(l) INTERPARLIAMENTARY EXCHANGES.—Of the unobligated 

funds in the ‘‘Educational and Cultural Exchange Programs’’ appropriation account, $411,687 shall be transferred to the permanent 

appropriation for delegation expenses provided under section 303 

of the Departments of Commerce, Justice, and State, the Judiciary, 

and Related Agencies Appropriations Act, 1988, as enacted into 

law by section 101(a) of Public Law 100–202 (22 USC 276e note), 

for the purpose of conducting Interparliamentary Exchanges and 

shall remain available until expended. 

(m) DEMOCRACY PROMOTION.— 

(1) Funds made available by this Act that are made available for the promotion of democracy may be made available 

notwithstanding any other provision of law, and with regard 

to the National Endowment for Democracy, any regulation. 

(2) For the purposes of funds appropriated by this Act, 

the term ‘‘promotion of democracy’’ means programs that support good governance, human rights, independent media, and 

the rule of law, and otherwise strengthen the capacity of democratic political parties, governments, nongovernmental 

organizations and institutions, and citizens to support the 

development of democratic states, institutions, and practices 

that are responsive and accountable to citizens. 

(3) Any contract, grant, or cooperative agreement (or any 

amendment to any contract, grant or cooperative agreement) 

in excess of $1,000,000 of funds under the heading ‘‘Democracy 

Fund’’, and in excess of $2,500,000 under other headings in 

this Act for the promotion of democracy, with the exception 

of programs and activities of the National Endowment for 

Democracy, shall be subject to the regular notification procedures of the Committees on Appropriations. 

(4) With respect to the provision of assistance for democracy, human rights and governance activities in this Act, the 

organizations implementing such assistance and the specific 

nature of that assistance shall not be subject to the prior 

approval by the government of any foreign country. 

(5) Of the funds appropriated under title III of this Act 

that are made available for the promotion of democracy, not 

less than $30,000,000 shall be made available to expand access 

Contracts. 

Grants. 

Notification. 

Notification. 


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to information and communications through the Internet, and 

shall be used for programs that provide unmonitored and uncensored access to the Internet for large numbers of users living 

in closed societies that have acutely hostile Internet environments. 

(n) PERSONNEL.—The authority provided by section 1113 of 

Public Law 111–32 shall remain in effect through fiscal year 2010. 

(o) PARTNER VETTING.—None of the funds appropriated by this 

Act or any prior Act may be used by the Secretary of State or 

the Administrator of the United States Agency for International 

Development (USAID) to implement a Partner Vetting System 

(PVS): Provided, That notwithstanding the previous sentence, funds 

appropriated by this Act may be used to implement a PVS pilot 

program, including necessary rulemaking: Provided further, That 

any such PVS pilot program shall apply equally to the programs 

and activities of the Department of State and USAID: Provided 

further, That the Secretary of State and the USAID Administrator 

shall jointly consult with the Committees on Appropriations not 

later than 90 days after enactment of this Act and prior to the 

implementation of such a PVS pilot program, and such funds shall 

be subject to the regular notification procedures of the Committees 

on Appropriations. 

(p) SPENDING PLANS.—The Secretary of State shall submit to 

the Committees on Appropriations not later than 45 days after 

enactment of this Act, and prior to the initial obligation of funds 

for assistance for Afghanistan, Pakistan, and Iraq, detailed spending 

plans for funds appropriated for such purposes. 

(q) TECHNICAL CORRECTIONS.— 

(1)(A) Section 67 of the Bretton Woods Agreements Act, 

as added by section 1402 of the Supplemental Appropriations 

Act, 2009 (Public Law 111–32), is amended by striking ‘‘resolution numbered 54–4’’ and inserting ‘‘resolution numbered 52– 

4’’. 

(B) The amendment made by subparagraph (A) shall take 

effect as if included in the enactment of section 1402 of Public 

Law 111–32. 

(2) Section 302(l) of the Foreign Assistance Act of 1961 

is amended by striking ‘‘Vaccine Fund’’ and inserting ‘‘GAVI 

Alliance’’. 

(r) ACCOUNTABILITY REVIEW BOARDS.—The authority provided 

by section 301(a)(3) of the Omnibus Diplomatic Security and 

Antiterrorism Act of 1986 (22 U.S.C. 4831(a)(3)) shall remain in 

effect through September 30, 2010. 

(s) PROTECTIONS AND REMEDIES FOR EMPLOYEES OF DIPLOMATIC

MISSIONS AND INTERNATIONAL ORGANIZATIONS.—The Secretary of 

State shall promptly and fully implement section 203(a)(2) of the 

William Wilberforce Trafficking Victims Protection Reauthorization 

Act of 2008 (Public Law 110–457): Provided, That in determining 

whether to suspend the issuance of A–3 or G–5 visas to applicants 

seeking to work for officials of a diplomatic mission or international 

organization, the Secretary shall consider whether a final court 

judgment has been issued against a current or former employee 

of such mission or organization (and the time period for a final 

appeal has expired): Provided further, That the Secretary should 

assist in obtaining payment of final court judgments awarded to 

A–3 and G–5 visa holders: Provided further, That the Secretary 

should include all trafficking cases involving A–3 or G–5 visa 

Implementation. 

Termination 

date. 

22 USC 4831 

note. 

22 USC 2222. 

Effective date. 

22 USC 286ss 

note. 

Ante, p. 1918. 

Deadline. 

Consultation. 

Deadline. 

Notification. 

Applicability. 

Termination 

date. 


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holders in the Trafficking in Persons annual report where a final 

civil judgment has been issued (and the time period for final appeal 

has expired) or the Department of Justice has determined that 

the United States Government would seek to indict the diplomat 

or a family member but for diplomatic immunity. 

(t) INTERNATIONAL TRIBUNAL FOR YUGOSLAVIA.—Section 

1342(c)(3) of the National Defense Authorization Act for Fiscal 

Year 1996 (Public Law 104–106) is amended by adding ‘‘, as 

amended’’ after ‘‘signed at The Hague, October 5, 1994’’. 

ARAB LEAGUE BOYCOTT OF ISRAEL

SEC. 7035. It is the sense of the Congress that— 

(1) the Arab League boycott of Israel, and the secondary 

boycott of American firms that have commercial ties with Israel, 

is an impediment to peace in the region and to United States 

investment and trade in the Middle East and North Africa; 

(2) the Arab League boycott, which was regrettably 

reinstated in 1997, should be immediately and publicly terminated, and the Central Office for the Boycott of Israel immediately disbanded; 

(3) all Arab League states should normalize relations with 

their neighbor Israel; 

(4) the President and the Secretary of State should continue 

to vigorously oppose the Arab League boycott of Israel and 

find concrete steps to demonstrate that opposition by, for 

example, taking into consideration the participation of any 

recipient country in the boycott when determining to sell 

weapons to said country; and 

(5) the President should report to Congress annually on 

specific steps being taken by the United States to encourage 

Arab League states to normalize their relations with Israel 

to bring about the termination of the Arab League boycott 

of Israel, including those to encourage allies and trading partners of the United States to enact laws prohibiting businesses 

from complying with the boycott and penalizing businesses 

that do comply. 

PALESTINIAN STATEHOOD

SEC. 7036. (a) LIMITATION ON ASSISTANCE.—None of the funds 

appropriated under titles III through VI of this Act may be provided 

to support a Palestinian state unless the Secretary of State determines and certifies to the appropriate congressional committees 

that— 

(1) the governing entity of a new Palestinian state— 

(A) has demonstrated a firm commitment to peaceful 

co-existence with the State of Israel; 

(B) is taking appropriate measures to counter terrorism 

and terrorist financing in the West Bank and Gaza, 

including the dismantling of terrorist infrastructures, and 

is cooperating with appropriate Israeli and other appropriate security organizations; and 

(2) the Palestinian Authority (or the governing entity of 

a new Palestinian state) is working with other countries in 

the region to vigorously pursue efforts to establish a just, 

lasting, and comprehensive peace in the Middle East that will 

enable Israel and an independent Palestinian state to exist 

Determination. 

Certification. 

18 USC 3181 

note. 


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within the context of full and normal relationships, which 

should include— 

(A) termination of all claims or states of belligerency; 

(B) respect for and acknowledgment of the sovereignty, 

territorial integrity, and political independence of every 

state in the area through measures including the establishment of demilitarized zones; 

(C) their right to live in peace within secure and recognized boundaries free from threats or acts of force; 

(D) freedom of navigation through international waterways in the area; and 

(E) a framework for achieving a just settlement of 

the refugee problem. 

(b) SENSE OF CONGRESS.—It is the sense of Congress that 

the governing entity should enact a constitution assuring the rule 

of law, an independent judiciary, and respect for human rights 

for its citizens, and should enact other laws and regulations 

assuring transparent and accountable governance. 

(c) WAIVER.—The President may waive subsection (a) if he 

determines that it is important to the national security interests 

of the United States to do so. 

(d) EXEMPTION.—The restriction in subsection (a) shall not 

apply to assistance intended to help reform the Palestinian 

Authority and affiliated institutions, or the governing entity, in 

order to help meet the requirements of subsection (a), consistent 

with the provisions of section 7040 of this Act (‘‘Limitation on 

Assistance to the Palestinian Authority’’). 

RESTRICTIONS CONCERNING THE PALESTINIAN AUTHORITY

SEC. 7037. None of the funds appropriated under titles II 

through VI of this Act may be obligated or expended to create 

in any part of Jerusalem a new office of any department or agency 

of the United States Government for the purpose of conducting 

official United States Government business with the Palestinian 

Authority over Gaza and Jericho or any successor Palestinian governing entity provided for in the Israel-PLO Declaration of Principles: Provided, That this restriction shall not apply to the acquisition of additional space for the existing Consulate General in Jerusalem: Provided further, That meetings between officers and 

employees of the United States and officials of the Palestinian 

Authority, or any successor Palestinian governing entity provided 

for in the Israel-PLO Declaration of Principles, for the purpose 

of conducting official United States Government business with such 

authority should continue to take place in locations other than 

Jerusalem: Provided further, That as has been true in the past, 

officers and employees of the United States Government may continue to meet in Jerusalem on other subjects with Palestinians 

(including those who now occupy positions in the Palestinian 

Authority), have social contacts, and have incidental discussions. 

PROHIBITION ON ASSISTANCE TO THE PALESTINIAN BROADCASTING

CORPORATION

SEC. 7038. None of the funds appropriated or otherwise made 

available by this Act may be used to provide equipment, technical 

support, consulting services, or any other form of assistance to 

the Palestinian Broadcasting Corporation. 

President. 

Determination. 


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ASSISTANCE FOR THE WEST BANK AND GAZA

SEC. 7039. (a) OVERSIGHT.—For fiscal year 2010, 30 days prior 

to the initial obligation of funds for the bilateral West Bank and 

Gaza Program, the Secretary of State shall certify to the Committees on Appropriations that procedures have been established to 

assure the Comptroller General of the United States will have 

access to appropriate United States financial information in order 

to review the uses of United States assistance for the Program 

funded under the heading ‘‘Economic Support Fund’’ for the West 

Bank and Gaza. 

(b) VETTING.—Prior to the obligation of funds appropriated 

by this Act under the heading ‘‘Economic Support Fund’’ for assistance for the West Bank and Gaza, the Secretary of State shall 

take all appropriate steps to ensure that such assistance is not 

provided to or through any individual, private or government entity, 

or educational institution that the Secretary knows or has reason 

to believe advocates, plans, sponsors, engages in, or has engaged 

in, terrorist activity nor, with respect to private entities or educational institutions, those that have as a principal officer of the 

entity’s governing board or governing board of trustees any individual that has been determined to be involved in, or advocating 

terrorist activity or determined to be a member of a designated 

foreign terrorist organization: Provided, That the Secretary of State 

shall, as appropriate, establish procedures specifying the steps to 

be taken in carrying out this subsection and shall terminate assistance to any individual, entity, or educational institution which 

the Secretary has determined to be involved in or advocating terrorist activity. 

(c) PROHIBITION.— 

(1) None of the funds appropriated under titles III through 

VI of this Act for assistance under the West Bank and Gaza 

Program may be made available for the purpose of recognizing 

or otherwise honoring individuals who commit, or have committed acts of terrorism. 

(2) Notwithstanding any other provision of law, none of 

the funds made available by this or prior appropriations Acts, 

including funds made available by transfer, may be made available for obligation for security assistance for the West Bank 

and Gaza until the Secretary of State reports to the Committees 

on Appropriations on the benchmarks that have been established for security assistance for the West Bank and Gaza 

and reports on the extent of Palestinian compliance with such 

benchmarks. 

(d) AUDITS.— 

(1) The Administrator of the United States Agency for 

International Development shall ensure that Federal or nonFederal audits of all contractors and grantees, and significant 

subcontractors and sub-grantees, under the West Bank and 

Gaza Program, are conducted at least on an annual basis 

to ensure, among other things, compliance with this section. (2) Of the funds appropriated by this Act up to $500,000 

may be used by the Office of Inspector General of the United 

States Agency for International Development for audits, inspections, and other activities in furtherance of the requirements 

of this subsection: Provided, That such funds are in addition 

to funds otherwise available for such purposes. 

Reports. 

Procedures. 

Determination. 

Terrorism. 

Deadline. 

Certification. 

Procedures. 


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(e) Subsequent to the certification specified in subsection (a), 

the Comptroller General of the United States shall conduct an 

audit and an investigation of the treatment, handling, and uses 

of all funds for the bilateral West Bank and Gaza Program, 

including all funds provided as cash transfer assistance, in fiscal 

year 2010 under the heading ‘‘Economic Support Fund’’, and such 

audit shall address— 

(1) the extent to which such Program complies with the 

requirements of subsections (b) and (c); and 

(2) an examination of all programs, projects, and activities 

carried out under such Program, including both obligations 

and expenditures. 

(f) Funds made available in this Act for West Bank and Gaza 

shall be subject to the regular notification procedures of the 

Committees on Appropriations. 

(g) Not later than 180 days after enactment of this Act, the 

Secretary of State shall submit a report to the Committees on 

Appropriations updating the report contained in section 2106 of 

chapter 2 of title II of Public Law 109–13. 

LIMITATION ON ASSISTANCE FOR THE PALESTINIAN AUTHORITY

SEC. 7040. (a) PROHIBITION OF FUNDS.—None of the funds 

appropriated by this Act to carry out the provisions of chapter 

4 of part II of the Foreign Assistance Act of 1961 may be obligated 

or expended with respect to providing funds to the Palestinian 

Authority. 

(b) WAIVER.—The prohibition included in subsection (a) shall 

not apply if the President certifies in writing to the Speaker of 

the House of Representatives, the President pro tempore of the 

Senate, and the Committees on Appropriations that waiving such 

prohibition is important to the national security interests of the 

United States. 

(c) PERIOD OF APPLICATION OF WAIVER.—Any waiver pursuant 

to subsection (b) shall be effective for no more than a period of 

6 months at a time and shall not apply beyond 12 months after 

the enactment of this Act. 

(d) REPORT.—Whenever the waiver authority pursuant to subsection (b) is exercised, the President shall submit a report to 

the Committees on Appropriations detailing the justification for 

the waiver, the purposes for which the funds will be spent, and 

the accounting procedures in place to ensure that the funds are 

properly disbursed: Provided, That the report shall also detail the 

steps the Palestinian Authority has taken to arrest terrorists, confiscate weapons and dismantle the terrorist infrastructure. 

(e) CERTIFICATION.—If the President exercises the waiver 

authority under subsection (b), the Secretary of State must certify 

and report to the Committees on Appropriations prior to the obligation of funds that the Palestinian Authority has established a 

single treasury account for all Palestinian Authority financing and 

all financing mechanisms flow through this account, no parallel 

financing mechanisms exist outside of the Palestinian Authority 

treasury account, and there is a single comprehensive civil service 

roster and payroll. 

(f) PROHIBITION TO HAMAS AND THE PALESTINE LIBERATION

ORGANIZATION.— 

Reports. 

President. 

President. 

Certification. 

Deadline. 

Reports. 

Notification. 

Audit. 

Investigation. 


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123 STAT. 3368 PUBLIC LAW 111–117—DEC. 16, 2009 

(1) None of the funds appropriated in titles III through 

VI of this Act may be obligated for salaries of personnel of 

the Palestinian Authority located in Gaza or may be obligated 

or expended for assistance to Hamas or any entity effectively 

controlled by Hamas or any power-sharing government of which 

Hamas is a member. 

(2) Notwithstanding the limitation of subsection (1), assistance may be provided to a power-sharing government only 

if the President certifies and reports to the Committees on 

Appropriations that such government, including all of its ministers or such equivalent, has publicly accepted and is complying 

with the principles contained in section 620K(b)(1)(A) and (B) 

of the Foreign Assistance Act of 1961, as amended. 

(3) The President may exercise the authority in section 

620K(e) of the Foreign Assistance Act as added by the Palestinian Anti-Terrorism Act of 2006 (Public Law 109–446) with 

respect to this subsection. 

(4) Whenever the certification pursuant to paragraph (2) 

is exercised, the Secretary of State shall submit a report to 

the Committees on Appropriations within 120 days of the certification and every quarter thereafter on whether such government, including all of its ministers or such equivalent are 

continuing to comply with the principles contained in section 

620K(b)(l)(A) and (B) of the Foreign Assistance Act of 1961, 

as amended: Provided, That the report shall also detail the 

amount, purposes and delivery mechanisms for any assistance 

provided pursuant to the abovementioned certification and a 

full accounting of any direct support of such government. 

(5) None of the funds appropriated under titles III through 

VI of this Act may be obligated for assistance for the Palestine 

Liberation Organization. 

SAUDI ARABIA

SEC. 7041. None of the funds made available in this Act may 

be obligated or expended to finance any assistance to Saudi Arabia: 

Provided, That the Secretary of State may waive this section if 

the Secretary determines that to do so is in the national interest 

of the United States. 

NEAR EAST

SEC. 7042. (a) EGYPT.— (1) Of the funds appropriated by titles III and IV of this Act, not less than $1,295,200,000 shall be made available for 

assistance for Egypt. 

(2) Of the funds appropriated by this Act under the heading 

‘‘Economic Support Fund’’ for assistance for Egypt, up to 

$50,000,000 may be made available for an endowment to further the shared interests of the United States and Egypt, 

consistent with the purposes and requirements for which such 

funds are requested in the fiscal year 2010 congressional budget 

justification materials and appropriated under such heading: 

Provided, That the Secretary of State shall consult with the 

Committees on Appropriations on the establishment of such 

an endowment, and any funds to be used for such an endowment shall be subject to the regular notification procedures 

of the Committees on Appropriations. 

Consultation. 

Notification. 

Waiver authority. 

Determination. 

Reports. 

Deadline. 

President. 

Certification. 

Reports. 


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PUBLIC LAW 111–117—DEC. 16, 2009 123 STAT. 3369 

(b) IRAQ.— (1) Of the funds appropriated by titles III and IV of this Act, up to $466,800,000 may be made available for assistance 

for Iraq. 

(2) The terms and conditions of section 1106(a) and (b) 

of Public Law 111–32 shall apply to assistance for Iraq in 

fiscal year 2010. 

(3) None of the funds made available in this Act may 

be used by the Government of the United States to enter 

into a permanent basing rights agreement between the United 

States and Iraq. 

(c) JORDAN.—Of the funds appropriated by titles III and IV of this Act, not less than $542,950,000 shall be made available 

for assistance for Jordan. 

(d) LEBANON.— (1) Of the funds appropriated by titles III and IV of this Act, not less than $238,300,000 shall be made available for 

assistance for Lebanon. 

(2) Funds appropriated under the heading ‘‘Foreign Military Financing Program’’ in this Act for assistance for Lebanon 

shall be made available only to professionalize the Lebanese 

Armed Forces and to strengthen border security and combat 

terrorism, including training and equipping the Lebanese 

Armed Forces to secure Lebanon’s borders, interdicting arms 

shipments, preventing the use of Lebanon as a safe haven 

for terrorist groups and implementing United Nations Security 

Council Resolution 1701: Provided, That funds may not be 

made available for obligation until the Secretary of State provides the Committees on Appropriations a detailed spending 

plan. 

(e) MIDDLE EAST PEACE.—Funds appropriated by this Act 

should be made available in a manner to further peace in the 

Middle East between Israelis and Palestinians. 

(f) WEST BANK AND GAZA.— 

(1) Of the funds appropriated by titles III and IV of this Act, $502,900,000 shall be made available for assistance for 

the West Bank and Gaza. 

(2) The reporting requirements contained in section 1404 

of Public Law 110–242 shall apply to funds made available 

by this Act, including a description of modifications, if any, 

to the security strategy of the Palestinian Authority. 

(3) The reporting requirements regarding the United 

Nations Relief and Works Agency contained in the joint 

explanatory statement accompanying the Supplemental Appropriations Act, 2009 (Public Law 111–32, House Report 111– 

151) under the heading ‘‘Migration and Refugee Assistance’’ 

in title XI shall apply to funds made available by this Act 

under such heading. 

IRAN SANCTIONS

SEC. 7043. (a) USE OF FUNDS.—It is the policy of the United 

States to seek to prevent Iran from achieving the capability to 

produce or otherwise manufacture nuclear weapons, including by 

supporting international diplomatic efforts to halt Iran’s uranium 

enrichment program, and the President should fully implement 

and enforce the Iran Sanctions Act of 1996, as amended (Public 

Applicability. 

Applicability. 

Spending plan. 

Base rights. 

Applicability. 


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123 STAT. 3370 PUBLIC LAW 111–117—DEC. 16, 2009 

Law 104-172) as a means of encouraging foreign governments to 

require state-owned and private entities to cease all investment 

in, and support of, Iran’s energy sector and all exports of refined 

petroleum products to Iran. 

(b) LIMITATION.— 

(1) None of the funds made available in title VI of this 

Act under the heading ‘‘Program Account’’ or ‘‘Subsidy Appropriation’’ may be used by the Export-Import Bank of the United 

States to authorize any new guarantee, insurance, or extension 

of credit for any project controlled by an energy producer or 

refiner that continues to: 

(A) provide Iran with significant refined petroleum 

resources; 

(B) materially contribute to Iran’s capability to import 

refined petroleum resources; or 

(C) allow Iran to maintain or expand, in any material 

respect, its domestic production of refined petroleum 

resources, including any assistance in refinery construction, 

modernization, or repair. 

(2) If the Secretary of State determines and reports to 

the Committees on Appropriations that a country is closely 

cooperating with efforts of the United States related to Iran, 

such as through the imposition of sanctions, the Secretary 

may exempt private entities from such country from the limitation under paragraph (1). 

(3) The President may waive the limitation under paragraph (1) if the President determines and reports to the 

Committees on Appropriations that to do so is important to 

the national security interest of the United States. 

(c) REPORTS.— 

(1) The Secretary of State shall submit to the Committees 

on Appropriations, not later than 90 days after the date of 

enactment of this Act and the end of each 90-day period thereafter until September 30, 2010, a report on the status of the 

bilateral and multilateral efforts aimed at curtailing the pursuit 

by Iran of nuclear weapons technology. 

(2) The Secretary of State, in consultation with the Secretary of the Treasury, shall submit to the Committees on 

Appropriations, not later than 180 days after the date of enactment of this Act, a report on the status of bilateral United 

States and multilateral sanctions against Iran and actions 

taken by the United States and the international community 

to enforce sanctions against Iran: Provided, That such report 

may be submitted in classified form if necessary and shall 

include the following: 

(A) a list of all current United States bilateral and 

multilateral sanctions against Iran; 

(B) a list of all United States and foreign entities 

that the Secretary of State has reason to believe may 

be in violation of existing United States bilateral and multilateral sanctions; 

(C) a detailed description of United States efforts to 

enforce sanctions, including a list of all investigations initiated in the 12 months preceding the date of enactment 

of this Act that have resulted in a determination that 

a sanctions violation has occurred, and actions taken by 

Deadline. 

Reports. 

President. 

Waiver authority. 

Determination. 

Reports. 

Determination. 

Reports. 

Exemption. 


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PUBLIC LAW 111–117—DEC. 16, 2009 123 STAT. 3371 

the United States Government pursuant to the determination; 

(D) any case in which sanctions were waived or otherwise not imposed against an entity which was determined 

to have engaged in activities for which sanctions should 

be imposed and the reason why action was not taken 

to sanction the entity; and 

(E) a description of United States diplomatic efforts 

to expand bilateral and multilateral sanctions against Iran 

and strengthen international efforts to enforce existing 

sanctions. 

AIRCRAFT TRANSFER AND COORDINATION

SEC. 7044. (a) TRANSFER AUTHORITY.—Notwithstanding any 

other provision of law or regulation, aircraft procured with funds 

appropriated by this Act and prior Acts making appropriations 

for the Department of State, foreign operations, and related programs under the headings ‘‘Diplomatic and Consular Programs’’, 

‘‘International Narcotics Control and Law Enforcement’’, and 

‘‘Andean Counterdrug Programs’’ may be used for any other program and in any region, including for the transportation of active 

and standby Civilian Response Corps personnel and equipment 

during a deployment: Provided, That the responsibility for policy 

decisions and justification for the use of such transfer authority 

shall be the responsibility of the Secretary of State and the Deputy 

Secretary of State and this responsibility shall not be delegated. 

(b) PROPERTY DISPOSAL.—The authority provided in subsection 

(a) shall apply only after a determination by the Secretary of 

State to the Committees on Appropriations that the equipment 

is no longer required to meet programmatic purposes in the designated country or region: Provided, That any such transfer shall 

be subject to prior consultation with, and the regular notification 

procedures of, the Committees on Appropriations. 

(c) AIRCRAFT COORDINATION.— (1) The uses of aircraft purchased or leased by the Department of State and the United States Agency for International 

Development (USAID) with funds made available in this Act 

or prior Acts making appropriations for the Department of 

State, foreign operations, and related programs shall be coordinated under the authority of the appropriate Chief of Mission: 

Provided, That such aircraft may be used to transport Federal 

and non-Federal personnel supporting the Department of State 

and USAID programs and activities: Provided further, That 

official travel for other agencies for other purposes may be 

supported on a reimbursable basis, or without reimbursement 

when traveling on a space available basis. 

(2) The requirement and authorities of this subsection shall 

only apply to aircraft, the primary purpose of which is the 

transportation of personnel. 

(d) AIR FLEETS.—Not later than September 30, 2010, the Secretary of State, in consultation with the USAID Administrator, 

shall submit a report to the Committees on Appropriations detailing 

the total inventory of aircraft procured, leased, or contracted by 

the Department of State and USAID, the contractors operating 

such aircraft, and the annual costs of such contracts: Provided, 

That such report shall also include a best value analysis of the 

Deadline. 

Reports. 

Applicability. 

Notification. 

Applicability. 

Determination. 


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123 STAT. 3372 PUBLIC LAW 111–117—DEC. 16, 2009 

tradeoffs between the purchase or lease of aircraft, including all 

aspects of the costs and risks associated with air operations such 

as repair, maintenance, air safety and daily operations. 

WESTERN HEMISPHERE

SEC. 7045. (a) TRADE CAPACITY.—Of the funds appropriated 

by this Act, not less than $10,000,000 under the heading ‘‘Development Assistance’’ and not less than $10,000,000 under the heading 

‘‘Economic Support Fund’’ shall be made available for labor and 

environmental capacity building activities relating to the free trade 

agreements with countries of Central America, Peru and the 

Dominican Republic. 

(b) ASSISTANCE FOR HAITI.— 

(1) The Government of Haiti shall be eligible to purchase 

defense articles and services under the Arms Export Control 

Act (22 U.S.C. 2751 et seq.), for the Coast Guard. 

(2) Of the funds appropriated by this Act under titles 

III and IV, not less than $295,530,000 shall be made available 

for assistance for Haiti. 

(3) None of the funds made available by this Act under 

the heading ‘‘International Narcotics Control and Law Enforcement’’ may be used to transfer excess weapons, ammunition 

or other lethal property of an agency of the United States 

Government to the Government of Haiti for use by the Haitian 

National Police until the Secretary of State reports to the 

Committees on Appropriations that any members of the Haitian 

National Police who have been credibly alleged to have committed serious crimes, including drug trafficking and violations 

of internationally recognized human rights, have been suspended. 

(c) CARIBBEAN BASIN SECURITY INITIATIVE.—Of the funds appropriated under the headings ‘‘Development Assistance’’, ‘‘Economic 

Support Fund’’, ‘‘International Narcotics Control and Law Enforcement’’, and ‘‘Foreign Military Financing Program’’ in this Act, not 

less than $37,000,000 should be made available for assistance for 

the countries of the Caribbean Basin, to provide equipment and 

training to combat drug trafficking and related violence and organized crime, and for judicial reform, institution building, education, 

anti-corruption, rule of law activities, and maritime security, of 

which not less than $21,100,000 should be made available for social 

justice and education programs to include vocational training, 

workforce development and juvenile justice activities: Provided, 

That none of the funds made available under this subsection shall 

be made available for budget support or as cash payments. 

(1) SPENDING PLAN.—Not later than 45 days after the date 

of the enactment of this Act, the Secretary of State shall submit 

to the Committees on Appropriations a detailed spending plan 

for funds appropriated or otherwise made available for the 

countries of the Caribbean Basin by this Act, with concrete 

goals, actions to be taken, budget proposals, and anticipated 

results. 

(2) DEFINITION.—For the purposes of this subsection, the 

term ‘‘countries of the Caribbean Basin’’ means Antigua and 

Barbuda, The Bahamas, Barbados, Belize, Dominica, Dominican Republic, Grenada, Guyana, Haiti, Jamaica, St. Kitts and 

Deadline. 

Reports. 


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PUBLIC LAW 111–117—DEC. 16, 2009 123 STAT. 3373 

Nevis, Saint Lucia, St. Vincent and the Grenadines, Suriname, 

and Trinidad and Tobago. 

(d) ASSISTANCE FOR GUATEMALA.— 

(1) Of the funds appropriated by this Act under the heading 

‘‘International Narcotics Control and Law Enforcement’’ not 

less than $4,000,000 shall be made available for a United 

States contribution to the International Commission Against 

Impunity in Guatemala (CICIG). 

(2) Funds appropriated by this Act under the heading 

‘‘International Military Education and Training’’ (IMET) that 

are available for assistance for Guatemala, other than for 

expanded IMET, may be made available only for the Guatemalan Air Force, Navy and Army Corps of Engineers: Provided, That assistance for the Army Corps of Engineers shall only 

be available for training to improve disaster response capabilities and to participate in international peacekeeping operations: 

Provided further, That such funds may be made available only 

if the Secretary of State certifies that the Air Force, Navy 

and Army Corps of Engineers are respecting internationally 

recognized human rights and cooperating with civilian judicial 

investigations and prosecutions of current and retired military 

personnel who have been credibly alleged to have committed 

violations of such rights, and with the CICIG by granting 

access to CICIG personnel, providing evidence to CICIG, and 

allowing witness testimony. 

(3) Of the funds appropriated by this Act under the heading 

‘‘Foreign Military Financing Program’’, not more than 

$1,000,000 may be made available for the Guatemalan Air 

Force, Navy and Army Corps of Engineers: Provided, That 

assistance for the Army Corps of Engineers shall only be available for training to improve disaster response capabilities and 

to participate in international peacekeeping operations: Provided further, That such funds may be made available only 

if the Secretary of State certifies that the Air Force, Navy 

and Army Corps of Engineers are respecting internationally 

recognized human rights and cooperating with civilian judicial 

investigations and prosecutions of current and retired military 

personnel who have been credibly alleged to have committed 

violations of such rights, including protecting and providing 

to the Attorney General’s office all military archives pertaining 

to the internal armed conflict, and cooperating with the CICIG 

by granting access to CICIG personnel, providing evidence to 

CICIG, and allowing witness testimony: Provided further, That 

funds made available in this Act for regional naval cooperation 

and maritime security assistance programs shall not be subject 

to the funding limitation of this subsection. 

(e) ASSISTANCE FOR MEXICO.— 

(1) ASSISTANCE.—Of the funds appropriated under the 

headings ‘‘International Narcotics Control and Law Enforcement’’, ‘‘Foreign Military Financing Program’’, and ‘‘Economic 

Support Fund’’ in this Act, not more than $210,250,000 may 

be made available for assistance for Mexico, only to combat 

drug trafficking and related violence and organized crime, and 

for judicial reform, institution building, anti-corruption, and 

rule of law activities: Provided, That none of the funds made 

available under this subsection shall be made available for 

budget support or as cash payments. 

Certification. 

Certification. 


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123 STAT. 3374 PUBLIC LAW 111–117—DEC. 16, 2009 

(2) APPLICABILITY OF FISCAL YEAR 2009 PROVISIONS.—The 

provisions of paragraphs (1) through (3) of section 7045(e) of 

the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2009 (division H of Public Law 111– 

8) shall apply to funds appropriated or otherwise made available by this Act for assistance for Mexico to the same extent 

and in the same manner as such provisions of law applied 

to funds appropriated or otherwise made available by such 

other Act for assistance for Mexico. 

(f) ASSISTANCE FOR THE COUNTRIES OF CENTRAL AMERICA.— 

Of the funds appropriated under the headings ‘‘International Narcotics Control and Law Enforcement’’, ‘‘Economic Support Fund’’, 

and ‘‘Foreign Military Financing Program’’, up to $83,000,000 may 

be made available for assistance for the countries of Central 

America only to combat drug trafficking and related violence and 

organized crime, and for judicial reform, institution building, anticorruption, rule of law activities, and maritime security: Provided, 

That funds appropriated under the heading ‘‘Economic Support 

Fund’’ shall be made available through the United States Agency 

for International Development for continued support of an Economic 

and Social Development Fund for Central America: Provided further, That none of the funds made available under this subsection 

shall be made available for budget support or as cash payments. 

(1) APPLICABILITY OF FISCAL YEAR 2009 PROVISIONS.—The 

provisions of paragraphs (1) through (3) of section 7045(f) of 

the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2009 (division H of Public Law 111– 

8) shall apply to funds appropriated or otherwise made available by this Act for assistance for countries of Central America 

to the same extent and in the same manner as such provisions 

of law applied to funds appropriated or otherwise made available by such other Act for assistance for the countries of Central 

America. 

(2) DEFINITION.—For the purposes of this subsection, the 

term ‘‘countries of Central America’’ means Belize, Costa Rica, 

El Salvador, Guatemala, Honduras, Nicaragua, and Panama. 

(g) AIRCRAFT OPERATIONS AND MAINTENANCE.—To the maximum extent practicable, the costs of operations and maintenance, 

including fuel, of aircraft funded by this Act should be borne by 

the recipient country. 

(h) PILOT PROJECT.—Not later than June 30, 2011, the Secretary of State, in consultation with the Secretary of Homeland 

Security, shall submit a report to the Committees on Appropriations 

on the feasibility of extending the use of passport cards as proof 

of identity and citizenship for the purposes of international travel 

by nationals of the United States, Canada, and Mexico to air ports 

of entry between the United States and Canada and between the 

United States and Mexico: Provided, That the report shall detail 

all relevant security, infrastructure, budget, policy, or diplomatic 

implications that may arise from extending such use of passport 

cards: Provided further, That the Secretary shall use up to $100,000 

of the funds made available under the heading ‘‘Diplomatic and 

Consular Programs’’ in this Act for a pilot project to test the 

feasibility of such use of passport cards at selected air ports of 

entry between the United States and Canada. 

Deadline. 

Reports. 

Passport cards. 


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PUBLIC LAW 111–117—DEC. 16, 2009 123 STAT. 3375 

COLOMBIA

SEC. 7046. (a) ASSISTANCE.—Of the funds appropriated under 

the headings ‘‘Economic Support Fund’’, ‘‘International Narcotics 

Control and Law Enforcement’’, ‘‘Nonproliferation, Anti-terrorism, 

Demining and Related Programs’’, ‘‘International Military Education and Training’’, and ‘‘Foreign Military Financing Program’’ 

in this Act, not more than $521,880,000 shall be made available 

for assistance for Colombia. 

Funds appropriated by this Act and made available to the 

Department of State for assistance to the Government of Colombia 

may be used to support a unified campaign against narcotics trafficking and organizations designated as Foreign Terrorist Organizations and successor organizations, and to take actions to protect 

human health and welfare in emergency circumstances, including 

undertaking rescue operations: Provided, That assistance made 

available in prior Acts for the Government of Colombia to protect 

the Cano-Limon pipeline may also be used for purposes for which 

funds are made available under the heading ‘‘International Narcotics Control and Law Enforcement’’ in this Act: Provided further, 

That no United States Armed Forces personnel or United States 

civilian contractor employed by the United States will participate 

in any combat operation in connection with assistance made available by this Act for Colombia: Provided further, That rotary and 

fixed wing aircraft supported with funds appropriated under the 

heading ‘‘International Narcotics Control and Law Enforcement’’ 

for assistance for Colombia may be used for aerial or manual 

drug eradication and interdiction including to transport personnel 

and supplies and to provide security for such operations, and to 

provide transport in support of alternative development programs 

and investigations of cases under the jurisdiction of the Attorney 

General, the Procuraduria General de la Nacion, and the Defensoria 

del Pueblo: Provided further, That the President shall ensure that 

if any helicopter procured with funds in this Act or prior Acts 

making appropriations for the Department of State, foreign operations, and related programs, is used to aid or abet the operations 

of any illegal self-defense group, paramilitary organization, illegal 

security cooperative or successor organizations in Colombia, such 

helicopter shall be immediately returned to the United States: 

Provided further, That none of the funds appropriated by this 

Act or prior Acts making appropriations for the Department of 

State, foreign operations, and related programs may be made available for assistance for the Colombian Departamento Administrativo 

de Seguridad. 

Of the funds available under the heading ‘‘International Narcotics Control and Law Enforcement’’ for the Colombian national 

police for the procurement of chemicals for aerial coca and poppy 

eradication programs, not more than 20 percent of such funds 

may be made available for such eradication programs unless the 

Secretary of State certifies to the Committees on Appropriations 

that: (1) the herbicide is being used in accordance with Environmental Protection Agency label requirements for comparable use 

in the United States and with Colombian laws; and (2) the herbicide, 

in the manner it is being used, does not pose unreasonable risks 

or adverse effects to humans or the environment, including endemic 

species: Provided, That such funds may not be made available Certification. 

Certification. 

President. 

Helicopters. 


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123 STAT. 3376 PUBLIC LAW 111–117—DEC. 16, 2009 

unless the Secretary of State certifies to the Committees on Appropriations that any complaints of harm to health or licit crops 

caused by such aerial eradication are thoroughly investigated and 

evaluated, and fair compensation is being paid in a timely manner 

for meritorious claims: Provided further, That such funds may not 

be made available for such purposes unless programs are being 

implemented by the United States Agency for International 

Development, the Government of Colombia, or other organizations, 

in consultation and coordination with local communities, to provide 

alternative sources of income in areas where security permits for 

small-acreage growers and communities whose illicit crops are targeted for aerial eradication: Provided further, That none of the 

funds appropriated by this Act for assistance for Colombia shall 

be made available for the cultivation or processing of African oil 

palm, if doing so would contribute to significant loss of native 

species, disrupt or contaminate natural water sources, reduce local 

food security, or cause the forced displacement of local people: 

Provided further, That funds appropriated by this Act may not 

be used for aerial eradication in Colombia’s national parks or 

reserves unless the Secretary of State certifies to the Committees 

on Appropriations on a case-by-case basis that there are no effective 

alternatives and the eradication is conducted in accordance with 

Colombian laws. 

(b) APPLICABILITY OF FISCAL YEAR 2009 PROVISIONS.— 

(1) IN GENERAL.—Except as provided in paragraph (2), the 

provisions of subsections (b) through (f) of section 7046 of 

the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2009 (division H of Public Law 111– 

8) shall apply to funds appropriated or otherwise made available by this Act for assistance for Colombia to the same extent 

and in the same manner as such provisions of law applied 

to funds appropriated or otherwise made available by such 

other Act for assistance for Colombia. 

(2) EXCEPTIONS.—The following provisions of section 7046 

of division H of Public Law 111–8 shall apply to funds appropriated or otherwise made available by this Act for assistance 

for Colombia as follows: 

(A) Subsection (b)(1)(B) is amended by striking clause 

(iv) and inserting the following: 

‘‘(iv) That the Government of Colombia is 

respecting the rights of human rights defenders, 

journalists, trade unionists, political opposition and 

religious leaders, and indigenous and Afro-Colombian 

communities, and the Colombian Armed Forces are 

implementing procedures to distinguish between 

civilians, including displaced persons, and combatants 

in their operations.’’. 

(B) Subsection (b)(2) is amended by striking ‘‘July 31, 

2009’’ and inserting ‘‘July 31, 2010’’. 

(C) Subsection (b)(3) is amended by striking ‘‘Andean 

Counterdrug Programs’’ and inserting ‘‘International Narcotics Control and Law Enforcement’’. 

(D) Subsection (c) is amended by striking ‘‘September 

30, 2009’’ and inserting ‘‘September 30, 2010’’. 

(E) Subsection (d)(1) is amended— 

(i) by striking ‘‘$16,769,000’’ and inserting 

‘‘$18,606,000’’; and 

Ante, p. 888. 

Certification. 


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PUBLIC LAW 111–117—DEC. 16, 2009 123 STAT. 3377 

(ii) by striking ‘‘fiscal year 2009’’ and inserting 

‘‘fiscal year 2010’’. 

COMMUNITY-BASED POLICE ASSISTANCE

SEC. 7047. (a) AUTHORITY.—Funds made available by titles 

III and IV of this Act to carry out the provisions of chapter 1 

of part I and chapters 4 and 6 of part II of the Foreign Assistance 

Act of 1961, may be used, notwithstanding section 660 of that 

Act, to enhance the effectiveness and accountability of civilian police 

authority through training and technical assistance in human 

rights, the rule of law, anti-corruption, strategic planning, and 

through assistance to foster civilian police roles that support democratic governance including assistance for programs to prevent conflict, respond to disasters, address gender-based violence, and foster 

improved police relations with the communities they serve. 

(b) NOTIFICATION.—Assistance provided under subsection (a) 

shall be subject to prior consultation with, and the regular notification procedures of, the Committees on Appropriations. 

PROHIBITION OF PAYMENTS TO UNITED NATIONS MEMBERS

SEC. 7048. None of the funds appropriated or made available 

pursuant to titles III through VI of this Act for carrying out the 

Foreign Assistance Act of 1961, may be used to pay in whole 

or in part any assessments, arrearages, or dues of any member 

of the United Nations or, from funds appropriated by this Act 

to carry out chapter 1 of part I of the Foreign Assistance Act 

of 1961, the costs for participation of another country’s delegation 

at international conferences held under the auspices of multilateral 

or international organizations. 

WAR CRIMES TRIBUNALS DRAWDOWN

SEC. 7049. If the President determines that doing so will contribute to a just resolution of charges regarding genocide or other 

violations of international humanitarian law, the President may 

direct a drawdown pursuant to section 552(c) of the Foreign Assistance Act of 1961 of up to $30,000,000 of commodities and services 

for the United Nations War Crimes Tribunal established with 

regard to the former Yugoslavia by the United Nations Security 

Council or such other tribunals or commissions as the Council 

may establish or authorize to deal with such violations, without 

regard to the ceiling limitation contained in paragraph (2) thereof: 

Provided, That the determination required under this section shall 

be in lieu of any determinations otherwise required under section 

552(c): Provided further, That funds made available pursuant to 

this section shall be made available subject to the regular notification procedures of the Committees on Appropriations. 

PEACEKEEPING MISSIONS

SEC. 7050. None of the funds made available under title I 

of this Act may be used for any United Nations activity when 

it is made known to the Federal official having authority to obligate 

or expend such funds that: (1) the United Nations activity is a 

peacekeeping mission; (2) such activity will involve United States 

Armed Forces under the command or operational control of a foreign 

Notification. 

President. 

Determination. 


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national; and (3) the President’s military advisors have not submitted to the President a recommendation that such involvement 

is in the national interests of the United States and the President 

has not submitted to the Congress such a recommendation. 

PEACEKEEPING ASSESSMENT

SEC. 7051. Section 404(b)(2)(B) of the Foreign Relations 

Authorization Act, Fiscal Years 1994 and 1995 (22 U.S.C. 287e 

note) is amended by adding the following: 

‘‘(vi) For assessments made during calendar year 

2010, 27.3 percent.’’. 

UNITED NATIONS HUMAN RIGHTS COUNCIL

SEC. 7052. The Secretary of State shall report to the Committees on Appropriations not later than 30 days after the date of 

enactment of this Act, and every 180 days thereafter until September 30, 2010, on the resolutions adopted in the United Nations 

Human Rights Council. 

ATTENDANCE AT INTERNATIONAL CONFERENCES

SEC. 7053. None of the funds made available in this Act may 

be used to send or otherwise pay for the attendance of more than 

50 employees of agencies or departments of the United States 

Government who are stationed in the United States, at any single 

international conference occurring outside the United States, unless 

the Secretary of State reports to the Committees on Appropriations 

that such attendance is in the national interest: Provided, That 

for purposes of this section the term ‘‘international conference’’ 

shall mean a conference attended by representatives of the United 

States Government and of foreign governments, international 

organizations, or nongovernmental organizations. 

RESTRICTIONS ON UNITED NATIONS DELEGATIONS

SEC. 7054. None of the funds made available under title I 

of this Act may be used to pay expenses for any United States 

delegation to any specialized agency, body, or commission of the 

United Nations if such commission is chaired or presided over 

by a country, the government of which the Secretary of State 

has determined, for purposes of section 6(j)(1) of the Export 

Administration Act of 1979 (50 U.S.C. App. 2405(j)(1)), supports 

international terrorism. 

PARKING FINES AND REAL PROPERTY TAXES OWED BY FOREIGN

GOVERNMENTS

SEC. 7055. (a) Subject to subsection (c), of the funds appropriated under titles III through VI by this Act that are made 

available for assistance for a foreign country, an amount equal 

to 110 percent of the total amount of the unpaid fully adjudicated 

parking fines and penalties and unpaid property taxes owed by 

the central government of such country shall be withheld from 

obligation for assistance for the central government of such country 

Certification. 

Definition. 

Reports. 

Reports. 

Deadlines. 


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until the Secretary of State submits a certification to the Committees on Appropriations stating that such parking fines and penalties 

and unpaid property taxes are fully paid. 

(b) Funds withheld from obligation pursuant to subsection (a) 

may be made available for other programs or activities funded 

by this Act, after consultation with and subject to the regular 

notification procedures of the Committees on Appropriations, provided that no such funds shall be made available for assistance 

for the central government of a foreign country that has not paid 

the total amount of the fully adjudicated parking fines and penalties 

and unpaid property taxes owed by such country. 

(c) Subsection (a) shall not include amounts that have been 

withheld under any other provision of law. 

(d)(1) The Secretary of State may waive the requirements set 

forth in subsection (a) with respect to parking fines and penalties 

no sooner than 60 days from the date of enactment of this Act, 

or at any time with respect to a particular country, if the Secretary 

determines that it is in the national interests of the United States 

to do so. 

(2) The Secretary of State may waive the requirements set 

forth in subsection (a) with respect to the unpaid property taxes 

if the Secretary of State determines that it is in the national 

interests of the United States to do so. 

(e) Not later than 6 months after the initial exercise of the 

waiver authority in subsection (d), the Secretary of State, after 

consultations with the City of New York, shall submit a report 

to the Committees on Appropriations describing a strategy, 

including a timetable and steps currently being taken, to collect 

the parking fines and penalties and unpaid property taxes and 

interest owed by nations receiving foreign assistance under this 

Act. 

(f) In this section: 

(1) The term ‘‘fully adjudicated’’ includes circumstances 

in which the person to whom the vehicle is registered— 

(A)(i) has not responded to the parking violation summons; or 

(ii) has not followed the appropriate adjudication procedure to challenge the summons; and 

(B) the period of time for payment of or challenge 

to the summons has lapsed. 

(2) The term ‘‘parking fines and penalties’’ means parking 

fines and penalties— 

(A) owed to— 

(i) the District of Columbia; or 

(ii) New York, New York; and 

(B) incurred during the period April 1, 1997, through 

September 30, 2009. 

(3) The term ‘‘unpaid property taxes’’ means the amount 

of unpaid taxes and interest determined to be owed by a foreign 

country on real property in the District of Columbia or New 

York, New York in a court order or judgment entered against 

such country by a court of the United States or any State 

or subdivision thereof. 

Time period. 

Definitions. 

Deadline. 

Reports. 

Waiver authority. 

Effective date. 

Determinations. 


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LANDMINES AND CLUSTER MUNITIONS

SEC. 7056. (a) LANDMINES.—Notwithstanding any other provision of law, demining equipment available to the United States 

Agency for International Development and the Department of State 

and used in support of the clearance of landmines and unexploded 

ordnance for humanitarian purposes may be disposed of on a grant 

basis in foreign countries, subject to such terms and conditions 

as the President may prescribe. 

(b) CLUSTER MUNITIONS.—No military assistance shall be furnished for cluster munitions, no defense export license for cluster 

munitions may be issued, and no cluster munitions or cluster munitions technology shall be sold or transferred, unless— 

(1) the submunitions of the cluster munitions, after arming, 

do not result in more than 1 percent unexploded ordnance 

across the range of intended operational environments; and 

(2) the agreement applicable to the assistance, transfer, 

or sale of such cluster munitions or cluster munitions technology specifies that the cluster munitions will only be used 

against clearly defined military targets and will not be used 

where civilians are known to be present or in areas normally 

inhabited by civilians. 

PROHIBITION ON PUBLICITY OR PROPAGANDA

SEC. 7057. No part of any appropriation contained in this 

Act shall be used for publicity or propaganda purposes within 

the United States not authorized before the date of the enactment 

of this Act by the Congress: Provided, That not to exceed $25,000 

may be made available to carry out the provisions of section 316 

of Public Law 96–533. 

LIMITATION ON RESIDENCE EXPENSES

SEC. 7058. Of the funds appropriated or made available pursuant to title II of this Act, not to exceed $100,500 shall be for 

official residence expenses of the United States Agency for International Development during the current fiscal year: Provided, That 

appropriate steps shall be taken to assure that, to the maximum 

extent possible, United States-owned foreign currencies are utilized 

in lieu of dollars. 

UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT

MANAGEMENT

(INCLUDING TRANSFER OF FUNDS)

SEC. 7059. (a) AUTHORITY.—Up to $93,000,000 of the funds 

made available in title III of this Act to carry out the provisions 

of part I of the Foreign Assistance Act of 1961, including funds 

appropriated under the heading ‘‘Assistance for Europe, Eurasia 

and Central Asia’’, may be used by the United States Agency 

for International Development (USAID) to hire and employ individuals in the United States and overseas on a limited appointment 

basis pursuant to the authority of sections 308 and 309 of the 

Foreign Service Act of 1980. 

(b) RESTRICTIONS.— 

22 USC 3948 

note. 


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(1) The number of individuals hired in any fiscal year 

pursuant to the authority contained in subsection (a) may not 

exceed 175. 

(2) The authority to hire individuals contained in subsection 

(a) shall expire on September 30, 2011. 

(c) CONDITIONS.—The authority of subsection (a) may only be 

used to the extent that an equivalent number of positions that 

are filled by personal services contractors or other non-direct hire 

employees of USAID, who are compensated with funds appropriated 

to carry out part I of the Foreign Assistance Act of 1961, including 

funds appropriated under the heading ‘‘Assistance for Europe, Eurasia and Central Asia’’, are eliminated. 

(d) PRIORITY SECTORS.—In exercising the authority of this section, primary emphasis shall be placed on enabling USAID to meet 

personnel positions in technical skill areas currently encumbered 

by contractor or other non-direct hire personnel. 

(e) CONSULTATIONS.—The USAID Administrator shall consult 

with the Committees on Appropriations on a quarterly basis concerning the implementation of this section. 

(f) PROGRAM ACCOUNT CHARGED.—The account charged for the 

cost of an individual hired and employed under the authority of 

this section shall be the account to which such individual’s responsibilities primarily relate: Provided, That funds made available 

to carry out this section may be transferred to, and merged with, 

funds appropriated by this Act in title II under the heading ‘‘Operating Expenses’’. 

(g) FOREIGN SERVICE LIMITED EXTENSIONS.—Individuals hired 

and employed by USAID, with funds made available in this Act 

or prior Acts making appropriations for the Department of State, 

foreign operations, and related programs, pursuant to the authority 

of section 309 of the Foreign Service Act of 1980, may be extended 

for a period of up to 4 years notwithstanding the limitation set 

forth in such section. 

(h) JUNIOR OFFICER PLACEMENT AUTHORITY.—Of the funds 

made available in subsection (a), USAID may use, in addition 

to funds otherwise available for such purposes, up to $15,000,000 

to fund overseas support costs of members of the Foreign Service 

with a Foreign Service rank of four or below: Provided, That such 

authority is only used to reduce USAID’s reliance on overseas 

personal services contractors or other non-direct hire employees 

compensated with funds appropriated to carry out part I of the 

Foreign Assistance Act of 1961, including funds appropriated under 

the heading ‘‘Assistance for Europe, Eurasia and Central Asia’’. 

(i) DISASTER SURGE CAPACITY.—Funds appropriated under title 

III of this Act to carry out part I of the Foreign Assistance Act 

of 1961, including funds appropriated under the heading ‘‘Assistance 

for Europe, Eurasia and Central Asia’’, may be used, in addition 

to funds otherwise available for such purposes, for the cost 

(including the support costs) of individuals detailed to or employed 

by USAID whose primary responsibility is to carry out programs 

in response to natural disasters. 

(j) TECHNICAL ADVISORS.—Up to $13,500,000 of the funds made 

available by this Act in title III for assistance under the heading 

‘‘Global Health and Child Survival’’, may be used to reimburse 

United States Government agencies, agencies of State governments, 

institutions of higher learning, and private and voluntary organizations for the full cost of individuals (including for the personal 

Expiration date. 


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services of such individuals) detailed or assigned to, or contracted 

by, as the case may be, USAID for the purpose of carrying out 

activities under that heading: Provided, That up to $3,500,000 

of the funds made available by this Act for assistance under the 

heading ‘‘Development Assistance’’ may be used to reimburse such 

agencies, institutions, and organizations for such costs of such 

individuals carrying out other development assistance activities. 

(k) PERSONAL SERVICES CONTRACTORS.—Funds appropriated by 

this Act to carry out chapter 1 of part I, chapter 4 of part II, 

and section 667 of the Foreign Assistance Act of 1961, and title 

II of the Agricultural Trade Development and Assistance Act of 

1954, may be used by USAID to employ up to 40 personal services 

contractors in the United States, notwithstanding any other provision of law, for the purpose of providing direct, interim support 

for new or expanded overseas programs and activities managed 

by the agency until permanent direct hire personnel are hired 

and trained: Provided, That not more than 10 of such contractors 

shall be assigned to any bureau or office: Provided further, That 

not more than 15 of such contractors shall be for activities related 

to USAID’s Afghanistan program: Provided further, That such funds 

appropriated to carry out title II of the Agricultural Trade Development and Assistance Act of 1954, may be made available only 

for personal services contractors assigned to the Office of Food 

for Peace. 

(l) HIRING AUTHORITY.—Notwithstanding section 307 of the 

Foreign Service Act of 1980, the USAID Administrator may hire 

up to 30 individuals under the Development Leadership Initiative: 

Provided, That the authority contained in this subsection shall 

expire on September 30, 2011. 

(m) RECRUITMENT STRATEGY.—Funds made available under the 

heading ‘‘Operating Expenses’’ in title II of this Act may be made 

available to implement the strategy described in section 7059(1) 

of Public Law 111–8, subject to the regular notification procedures 

of the Committees on Appropriations. 

(n) LOCALLY EMPLOYED STAFF.—Of the funds appropriated under title II of this Act, up to $1,000,000, in addition to funds 

otherwise made available for such purposes, may be made available 

for special compensation for overseas, locally employed staff. 

(o) SENIOR FOREIGN SERVICE LIMITED APPOINTMENTS.—Pursuant to the authority of section 309 of the Foreign Service Act 

of 1980, and notwithstanding the limitation set forth in section 

305 of the Foreign Service Act of 1980, as amended, USAID may 

appoint into the Senior Foreign Service and employ up to 10 individuals to be assigned to or support programs in Iraq, Afghanistan, 

or Pakistan with funds made available in this Act and prior Acts 

making appropriations for the Department of State, foreign operations, and related programs. 

GLOBAL HEALTH ACTIVITIES

SEC. 7060. Funds appropriated by titles III and IV of this 

Act that are made available for bilateral assistance for child survival 

activities or disease programs including activities relating to 

research on, and the prevention, treatment and control of, HIV/ 

AIDS may be made available notwithstanding any other provision 

of law except for the provisions under the heading ‘‘Global Health 

and Child Survival’’ and the United States Leadership Against 

HIV/AIDS. 

Notification. 

Expiration date. 

Assignment. 


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PUBLIC LAW 111–117—DEC. 16, 2009 123 STAT. 3383 

HIV/AIDS, Tuberculosis, and Malaria Act of 2003 (117 Stat. 711; 

22 U.S.C. 7601 et seq.), as amended: Provided, That of the funds 

appropriated under title III of this Act, not less than $648,457,000 

should be made available for family planning/reproductive health, 

including in areas where population growth threatens biodiversity 

or endangered species. 

DEVELOPMENT GRANTS PROGRAM

SEC. 7061. Of the funds appropriated in title III of this Act, not less than $40,000,000 shall be made available for the Development Grants Program established pursuant to section 674 of the 

Department of State, Foreign Operations, and Related Programs 

Appropriations Act, 2008 (division J of Public Law 110–161), to 

support grants of not more than $2,000,000 to small nongovernmental organizations: Provided, That funds made available under 

this section are in addition to other funds available for such purposes including funds designated by this Act by section 7065. 

WOMEN IN DEVELOPMENT

SEC. 7062. (a) Programs funded under title III of this Act 

shall include, where appropriate, gender considerations in the planning, assessment, implementation, monitoring and evaluation of 

such programs. 

(b) Funds made available under title III of this Act shall be 

made available to support programs to enhance economic opportunities for poor women in developing countries, including increasing 

the number and capacity of women-owned enterprises, improving 

property rights for women, increasing access to financial services, 

and improving women’s ability to participate in the global economy. 

(c) Funds made available under title III of this Act for food 

security and agricultural development shall take into consideration 

the unique needs of women, and technical assistance for women 

farmers should be a priority. 

GENDER-BASED VIOLENCE

SEC. 7063. (a) Funds appropriated under the headings ‘‘Development Assistance’’, ‘‘Economic Support Fund’’, and ‘‘International 

Narcotics Control and Law Enforcement’’ in this Act shall be made 

available for programs to address sexual and gender-based violence. 

(b) Programs and activities funded under titles III and IV 

of this Act that provide training for foreign police, judicial, and 

military officials shall address, where appropriate, gender-based 

violence. 

EDUCATION

SEC. 7064. (a) BASIC EDUCATION.— 

(1) Of the funds appropriated by title III of this Act, not 

less than $925,000,000 should be made available for assistance 

for basic education, of which not less than $365,000,000 shall 

be made available under the heading ‘‘Development Assistance’’. 

(2) There shall continue to be a Coordinator of United 

States Government Actions to Provide Basic Education Assistance in developing countries as established in section 664 of 

division J of Public Law 110–161. 

Continuation. 

22 USC 2651a 

note. 


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(3) The United States Agency for International Development shall ensure that programs supported with funds appropriated for basic education in this Act and prior Acts are 

integrated, when appropriate, with health, agriculture, governance, and economic development activities to address the economic and social needs of the broader community. 

(b) HIGHER EDUCATION.—Of the funds appropriated by title 

III of this Act, not less than $200,000,000 shall be made available 

for assistance for higher education, of which not less than 

$25,000,000 shall be made available for such assistance for Africa 

including not less than $15,000,000 to support partnerships between 

African and United States institutions of higher education. 

RECONCILIATION PROGRAMS

SEC. 7065. Of the funds appropriated by title III of this Act 

under the headings ‘‘Economic Support Fund’’ and ‘‘Development 

Assistance’’, $26,000,000 shall be made available to support people 

to people reconciliation programs which bring together individuals 

of different ethnic, religious and political backgrounds from areas 

of civil strife and war, of which $10,000,000 shall be made available 

for such programs in the Middle East: Provided, That the Administrator of the United States Agency for International Development 

shall consult with the Committees on Appropriations, prior to the 

initial obligation of funds, on the most effective uses of such funds. 

COMPREHENSIVE EXPENDITURES REPORT

SEC. 7066. Not later than 180 days after the date of enactment 

of this Act, the Secretary of State shall submit a report to the 

Committees on Appropriations detailing the total amount of United 

States Government expenditures in fiscal years 2008 and 2009, 

by Federal agency, for assistance programs and activities in each 

foreign country, identifying the line item as presented in the President’s Budget Appendix and the purpose for which the funds were 

provided: Provided, That if required, information may be submitted 

in classified form. 

REQUESTS FOR DOCUMENTS

SEC. 7067. None of the funds appropriated or made available 

pursuant to titles III through VI of this Act shall be available 

to a nongovernmental organization, including any contractor, which 

fails to provide upon timely request any document, file, or record 

necessary to the auditing requirements of the United States Agency 

for International Development. 

SENIOR POLICY OPERATING GROUP

SEC. 7068. (a) The Senior Policy Operating Group on Trafficking 

in Persons, established under section 105(f) of the Victims of Trafficking and Violence Protection Act of 2000 (22 U.S.C. 7103(f)) 

to coordinate agency activities regarding policies (including grants 

and grant policies) involving the international trafficking in persons, 

shall coordinate all such policies related to the activities of traffickers and victims of severe forms of trafficking. 

Consultation. 


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(b) None of the funds provided under title I of this or any 

other Act making appropriations for the Department of State, foreign operations, and related programs shall be expended to perform 

functions that duplicate coordinating responsibilities of the Operating Group. 

(c) The Operating Group shall continue to report only to the 

authorities that appointed them pursuant to section 105(f). 

PROHIBITION ON USE OF TORTURE

SEC. 7069. None of the funds made available in this Act shall 

be used in any way whatsoever to support or justify the use of 

torture, cruel or inhumane treatment by any official or contract 

employee of the United States Government. 

AFRICA

SEC. 7070. (a) EXPANDED INTERNATIONAL MILITARY EDUCATION

AND TRAINING.— (1) Funds appropriated under the heading ‘‘International 

Military Education and Training’’ in this Act that are made 

available for assistance for Angola, Cameroon, Central African 

Republic, Chad, Coˆte d’Ivoire, Guinea and Zimbabwe may be 

made available only for training related to international peacekeeping operations and expanded international military education and training: Provided, That the limitation included 

in this paragraph shall not apply to courses that support 

training in maritime security for Angola and Cameroon. 

(2) None of the funds appropriated under the heading 

‘‘International Military Education and Training’’ in this Act 

may be made available for assistance for Equatorial Guinea 

or Somalia. 

(b) COUNTERTERRORISM PROGRAMS.—Funds appropriated by 

this Act under the headings ‘‘Development Assistance’’, ‘‘Economic 

Support Fund’’, ‘‘International Narcotics Control and Law Enforcement’’, ‘‘Nonproliferation, Anti-terrorism, Demining, and Related 

Programs’’, and ‘‘Peacekeeping Operations’’ shall be made available 

as follows: 

(1) Not less than $24,735,000 shall be made available for 

the East Africa Regional Strategic Initiative; (2) Not less than $3,600,000 shall be made available for 

Africa Conflict Stabilization and Border Security; (3) Not less than $81,315,000 shall be made available for 

Trans-Sahara Counterterrorism Partnership; and (4) Not less than $10,000,000 shall be made available for 

a Horn of Africa and Pan Sahel Program, in addition to funds 

otherwise made available for such purposes, to be administered 

by the United States Agency for International Development. 

(c) ETHIOPIA.— (1) None of the funds appropriated by this Act under the 

heading ‘‘Foreign Military Financing Program’’ that are available for assistance for Ethiopia may be made available unless 

the Secretary of State— 

(A) determines that the Government of Ethiopia is 

taking effective measures to guarantee the rights of its 

citizens to peaceful expression, association and assembly, 

and to document violations of internationally recognized 

human rights without harassment or criminal penalty, and 

Determination. 

Human rights. 


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provides such determination in writing to the Committees 

on Appropriations; and 

(B) submits a report to such Committees on the types 

and amounts of United States training and equipment 

provided to the Ethiopian military including steps being 

taken to ensure that such assistance is not provided to 

Ethiopian military units or personnel with records of violations of internationally recognized human rights. 

(2) The restriction in paragraph (1) shall not apply to 

assistance to support the deployment of members of the Ethiopian military in international peacekeeping operations. 

(d) RWANDA.— (1) None of the funds appropriated by this Act under the 

heading ‘‘Foreign Military Financing Program’’ may be made 

available for assistance for Rwanda if the Secretary of State 

has credible evidence that the Government of Rwanda is providing political, military or financial support to armed groups 

in the Democratic Republic of the Congo that have committed 

violations of internationally recognized human rights, including 

rape. 

(2) The restriction in paragraph (1) shall not apply to 

assistance to improve border controls to prevent the importation 

of minerals into Rwanda by such groups, or to support the 

deployment of members of the Rwandan military in international peacekeeping operations. 

(e) NATURAL RESOURCE TRANSPARENCY.—Funds appropriated 

by this Act that are available for assistance for Liberia, Sierra 

Leone, Nigeria, Coˆte d’Ivoire, and the countries participating in 

the Congo Basin Forest Partnership shall be made available to 

promote and support transparency and accountability in relation 

to the extraction of timber, oil and gas, cacao and other natural 

resources, including by strengthening implementation and monitoring of the Extractive Industries Transparency Initiative and 

the Kimberley Process Certification Scheme. 

(f) SUDAN LIMITATION ON ASSISTANCE.— (1) Subject to subsection (2): 

(A) Notwithstanding any other provision of law, none 

of the funds appropriated by this Act may be made available for assistance for the Government of Sudan. 

(B) None of the funds appropriated by this Act may 

be made available for the cost, as defined in section 502, 

of the Congressional Budget Act of 1974, of modifying 

loans and loan guarantees held by the Government of 

Sudan, including the cost of selling, reducing, or canceling 

amounts owed to the United States, and modifying 

concessional loans, guarantees, and credit agreements. 

(2) Subsection (f)(1) shall not apply if the Secretary of 

State determines and certifies to the Committees on Appropriations that: 

(A) The Government of Sudan honors its pledges to 

cease attacks upon civilians and disarms and demobilizes 

the Janjaweed and other government-supported militias; 

(B) The Government of Sudan and all governmentsupported militia groups are honoring their commitments 

made in all previous cease-fire agreements; and 

(C) The Government of Sudan is allowing unimpeded 

access to Darfur to humanitarian aid organizations, the 

Determination. 

Certification. 

Reports. 


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human rights investigation and humanitarian teams of 

the United Nations, including protection officers, and an 

international monitoring team that is based in Darfur and 

has the support of the United States. 

(3) The provisions of subsection (f)(1) shall not apply to— 

(A) humanitarian assistance; 

(B) assistance for the Darfur region, Southern Sudan, 

Southern Kordofan/Nuba Mountains State, Blue Nile State, 

and Abyei; and 

(C) assistance to support implementation of the Comprehensive Peace Agreement and the Darfur Peace Agreement or any other internationally-recognized viable peace 

agreement in Sudan. 

(4) For the purposes of this Act, the term ‘‘Government 

of Sudan’’ shall not include the Government of Southern Sudan. 

(5) Notwithstanding any other provision of law, assistance 

in this Act may be made available to the Government of 

Southern Sudan to provide non-lethal military assistance, military education and training, and defense services controlled 

under the International Traffic in Arms Regulations (22 CFR 

120.1 et seq.) if the Secretary of State— 

(A) determines that the provision of such items is 

in the national interest of the United States; and 

(B) not later than 15 days before the provision of 

any such assistance, notifies the Committees on Appropriations of such determination. 

(g) SOUTHERN SUDAN.—The Secretary of State shall seek to 

obtain regular audits of the financial accounts of the Government 

of Southern Sudan to ensure transparency and accountability of 

funds, including revenues from the extraction of oil and gas, and 

the public disclosure of such audits in a timely manner: Provided, 

That in determining amounts and types of United States assistance 

to make available to the Government of Southern Sudan, the Secretary shall consider the extent to which such government is 

ensuring transparency and accountability of funds: Provided further, That the Secretary shall, as appropriate, assist the Government 

of Southern Sudan in conducting such audits, and shall submit 

a report not later than 90 days after enactment of this Act to 

the Committees on Appropriations detailing the steps that will 

be taken by the Government of Southern Sudan to improve resource 

management and ensure transparency and accountability of funds. 

(h) WAR CRIMES IN AFRICA.— 

(1) The Congress reaffirms its support for the efforts of 

the International Criminal Tribunal for Rwanda (ICTR) and 

the Special Court for Sierra Leone (SCSL) to bring to justice 

individuals responsible for war crimes and crimes against 

humanity in a timely manner. 

(2) Funds appropriated by this Act, including funds for 

debt restructuring, may be made available for assistance for 

the central government of a country in which individuals 

indicted by ICTR and SCSL are credibly alleged to be living, 

if the Secretary of State determines and reports to the Committees on Appropriations that such government is cooperating 

with ICTR and SCSL, including the surrender and transfer 

of indictees in a timely manner: Provided, That this subsection 

shall not apply to assistance provided under section 551 of 

the Foreign Assistance Act of 1961 or to project assistance 

Determination. 

Reports. 

Reports. 

Deadline. 

Audits. 

Public 

information. 

Deadline. 

Notification. 

Determination. 

Definition. 


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under title VI of this Act: Provided further, That the United 

States shall use its voice and vote in the United Nations Security Council to fully support efforts by ICTR and SCSL to 

bring to justice individuals indicted by such tribunals in a 

timely manner. 

(3) The prohibition in subsection (2) may be waived on 

a country-by-country basis if the President determines that 

doing so is in the national security interest of the United 

States: Provided, That prior to exercising such waiver authority, 

the President shall submit a report to the Committees on 

Appropriations, in classified form if necessary, on— 

(A) the steps being taken to obtain the cooperation 

of the government in surrendering the indictee in question 

to the court of jurisdiction; 

(B) a strategy, including a timeline, for bringing the 

indictee before such court; and 

(C) the justification for exercising the waiver authority. 

(i) ZIMBABWE.— 

(1) The Secretary of the Treasury shall instruct the United 

States executive director to each international financial institution to vote against any extension by the respective institution 

of any loans to the Government of Zimbabwe, except to meet 

basic human needs or to promote democracy, unless the Secretary of State determines and reports in writing to the 

Committees on Appropriations that the rule of law has been 

restored in Zimbabwe, including respect for ownership and 

title to property, freedom of speech and association. 

(2) None of the funds appropriated by this Act shall be 

made available for assistance for the central government of 

Zimbabwe, except for macroeconomic growth assistance, unless 

the Secretary of State makes the determination pursuant to 

paragraph (1). 

ASIA

SEC. 7071. (a) TIBET.— 

(1) The Secretary of the Treasury should instruct the 

United States executive director to each international financial 

institution to use the voice and vote of the United States 

to support projects in Tibet if such projects do not provide 

incentives for the migration and settlement of non-Tibetans 

into Tibet or facilitate the transfer of ownership of Tibetan 

land and natural resources to non-Tibetans; are based on a 

thorough needs-assessment; foster self-sufficiency of the 

Tibetan people and respect Tibetan culture and traditions; and 

are subject to effective monitoring. 

(2) Notwithstanding any other provision of law, not less 

than $7,400,000 of the funds appropriated by this Act under 

the heading ‘‘Economic Support Fund’’ should be made available 

to nongovernmental organizations to support activities which 

preserve cultural traditions and promote sustainable development and environmental conservation in Tibetan communities 

in the Tibetan Autonomous Region and in other Tibetan 

communities in China. 

(b) BURMA.— (1) The Secretary of the Treasury shall instruct the United 

States executive director to each appropriate international 

Loans. 

50 USC 1701 

note. 

Loans. 

Determination. 

Reports. 

22 USC 2151 

note. 

Reports. 

Waiver authority. 

President. 


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financial institution in which the United States participates, 

to oppose and vote against the extension by such institution 

of any loan or financial or technical assistance or any other 

utilization of funds of the respective bank to and for Burma. 

(2) Of the funds appropriated by this Act under the heading 

‘‘Economic Support Fund’’, not less than $36,500,000 shall be 

made available for assistance for Burma: Provided, That such 

assistance shall be made available only to support democracy 

and humanitarian programs and activities in Burma, programs 

and activities along the Burma-Thailand border, programs and 

activities involving Burmese student groups and other organizations located outside Burma, and humanitarian assistance for 

displaced Burmese along Burma’s borders: Provided further, 

That such funds may be made available notwithstanding any 

other provision of law: Provided further, That in addition to 

assistance for Burmese refugees provided under the heading 

‘‘Migration and Refugee Assistance’’ in this Act, not less than 

$4,000,000 shall be made available for community-based 

organizations operating in Thailand to provide food, medical 

and other humanitarian assistance to internally displaced persons in eastern Burma. 

(3) Funds made available under paragraph (2) for any 

new program, project or activity shall be subject to prior consultation with the Committees on Appropriations and all such 

funds made available under paragraph (2) shall be subject 

to the regular notification procedures of such Committees: Provided, That when implementing activities with funds appropriated by this Act for assistance for Burma, the implementing 

agency shall only support activities that are consistent with 

the principles and goals of the National League for Democracy 

in Burma. 

(c) CAMBODIA.—Funds made available in this Act for a United 

States contribution to a Khmer Rouge tribunal may only be made 

available if the Secretary of State certifies to the Committees on 

Appropriations that the United Nations and the Government of 

Cambodia are taking credible steps to address allegations of corruption and mismanagement within the tribunal. 

(d) INDONESIA.— 

(1) Of the funds appropriated by this Act under the heading 

‘‘Foreign Military Financing Program’’, not to exceed 

$20,000,000 shall be made available for assistance for Indonesia, of which $2,000,000 is withheld from obligation until 

the Secretary of State submits to the Committees on Appropriations the report on Indonesia detailed under such heading 

in the joint explanatory statement accompanying this Act. 

(2) Of the funds appropriated by this Act under the heading 

‘‘Economic Support Fund’’ that are available for assistance for 

Indonesia, not less than $400,000 should be made available 

for grants for capacity building of Indonesian human rights 

organizations, including in Papua. 

(e) NEPAL.— 

(1) Funds appropriated by this Act under the heading ‘‘Foreign Military Financing Program’’ may be made available for 

assistance for Nepal if the Secretary of State certifies to the 

Committees on Appropriations that the Nepal Army is— 

Certification. 

Reports. 

Certification. 

Notification. 

Thailand. 


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123 STAT. 3390 PUBLIC LAW 111–117—DEC. 16, 2009 

(A) cooperating fully with investigations and prosecutions by civilian judicial authorities of violations of internationally recognized human rights; and 

(B) working constructively to redefine the Nepal Army’s 

mission and adjust its size accordingly, implement reforms 

including strengthening the capacity of the civilian ministry 

of defense to improve budget transparency and accountability, and facilitate the integration of former rebel 

combatants into the security forces including the Nepal 

Army, consistent with the goals of reconciliation, peace 

and stability. 

(2) The conditions in paragraph (1) shall not apply to 

assistance to support the deployment of members of the Nepal 

Army in humanitarian relief and reconstruction operations in 

Nepal. 

(f) NORTH KOREA.— (1) Funds appropriated under the heading ‘‘Migration and 

Refugee Assistance’’ in this Act shall be made available for 

assistance for refugees from North Korea. 

(2) Of the funds made available under the heading ‘‘International Broadcasting Operations’’ in title I of this Act, up 

to $8,000,000 should be made available for broadcasts into 

North Korea. 

(3) Of the funds appropriated by this Act under the heading ‘‘Economic Support Fund’’, $3,500,000 shall be made available 

for democracy, human rights, and governance programs for 

North Korea. 

(4) None of the funds made available by this Act under 

the heading ‘‘Economic Support Fund’’ may be made available 

for energy-related assistance for North Korea. 

(5) Funds made available by this Act under the heading 

‘‘Economic Support Fund’’ for assistance for countries in the 

North Asia region may be made available for programs and 

activities pursuant to section 4 of Public Law 108–333, as 

amended, and subject to the regular notification procedures 

of the Committees on Appropriations: Provided, That for the 

purposes of this subsection, such programs and activities shall 

be considered democracy promotion. 

(6) Not later than 45 days after enactment of this Act, 

the Secretary of State shall report to the Committees on Appropriations the amount the Secretary determines the Government 

of North Korea owes the Government of the United States 

for the unsupervised distribution of food assistance provided 

by the United States: Provided, That the Secretary of State 

should reduce any assistance made available to the Government 

of North Korea by such amount, unless the Secretary reports 

to the Committees on Appropriations that the Government 

of North Korea provided such food assistance to eligible recipients as intended, or that North Korea has reimbursed the 

Government of the United States for the costs of such food 

assistance: Provided further, That the previous proviso shall 

not apply to programs and activities that promote human 

rights, democracy, rule of law, and to humanitarian assistance. 

(g) PEOPLE’S REPUBLIC OF CHINA.— 

(1) None of the funds appropriated under the heading ‘‘Diplomatic and Consular Programs’’ in this Act may be obligated 

or expended for processing licenses for the export of satellites 

Export and 

imports. 

Deadline. 

Notification. 

Reports. 

Deadline. 

Reports. 

Determination. 

Notification. 

Energy. 

Refugees. 


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of United States origin (including commercial satellites and 

satellite components) to the People’s Republic of China unless, 

at least 15 days in advance, the Committees on Appropriations 

are notified of such proposed action. 

(2) The terms and requirements of section 620(h) of the 

Foreign Assistance Act of 1961 shall apply to foreign assistance 

projects or activities of the People’s Liberation Army (PLA) 

of the People’s Republic of China, to include such projects 

or activities by any entity that is owned or controlled by, 

or an affiliate of, the PLA: Provided, That none of the funds 

appropriated or otherwise made available pursuant to this Act 

may be used to finance any grant, contract, or cooperative 

agreement with the PLA, or any entity that the Secretary 

of State has reason to believe is owned or controlled by, or 

an affiliate of, the PLA. 

(3) Notwithstanding any other provision of law and subject 

to the regular notification procedures of the Committees on 

Appropriations, of the funds appropriated by this Act under 

the heading ‘‘Development Assistance’’, not less than 

$12,000,000 shall be made available to United States educational institutions and nongovernmental organizations for 

programs and activities in the People’s Republic of China 

relating to the environment, governance, and the rule of law. 

(h) PHILIPPINES.—Of the funds appropriated by this Act under 

the heading ‘‘Foreign Military Financing Program’’, not to exceed 

$32,000,000 may be made available for assistance for the Philippines, of which $3,000,000 may not be obligated until the Secretary of State submits to the Committees on Appropriations the 

report on the Philippines detailed under such heading in the joint 

explanatory statement accompanying this Act. 

(i) TIMOR-LESTE.—Of the funds appropriated by this Act under 

the heading ‘‘Economic Support Fund’’, not less than $1,000,000, 

in addition to funds otherwise made available for such purposes, 

shall be made available for democracy programs and activities 

in Timor-Leste, and not less than $2,000,000 shall be made available 

for higher education scholarships. 

(j) VIETNAM.—Funds appropriated by this Act that are made 

available for assistance for Vietnam for remediation of dioxin 

contaminated sites and related health activities may be made available for assistance for the Government of Vietnam, including the 

military, for such purposes. 

SERBIA

SEC. 7072. (a) Funds appropriated by this Act may be made 

available for assistance for the central Government of Serbia after 

May 31, 2010, if the President has made the determination and 

certification contained in subsection (c). 

(b) After May 31, 2010, the Secretary of the Treasury should 

instruct the United States executive directors to the international 

financial institutions to support loans and assistance to the Government of Serbia subject to the conditions in subsection (c). 

(c) The determination and certification referred to in subsection 

(a) is a determination and a certification by the President to the 

Committees on Appropriations that the Government of Serbia is— 

(1) cooperating with the International Criminal Tribunal 

for the former Yugoslavia including access for investigators, 

Ratko Mladic. 

Determination. 

Certification. 

Dioxin. 

Reports. 

Notification. 

Applicability. 

People’s 

Liberation Army. 


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the provision of documents, timely information on the location, 

movement, and sources of financial support of indictees, and 

the surrender and transfer of indictees or assistance in their 

apprehension, including Ratko Mladic; 

(2) taking steps that are consistent with the Dayton Accords 

to end Serbian financial, political, security and other support 

which has served to maintain separate Republika Srpska 

institutions; and 

(3) taking steps to implement policies which reflect a 

respect for minority rights and the rule of law. 

(d) This section shall not apply to humanitarian assistance 

or assistance to promote democracy. 

INDEPENDENT STATES OF THE FORMER SOVIET UNION

SEC. 7073. (a) None of the funds appropriated under the 

heading ‘‘Assistance for Europe, Eurasia and Central Asia’’ shall 

be made available for assistance for a government of an Independent 

State of the former Soviet Union if that government directs any 

action in violation of the territorial integrity or national sovereignty 

of any other Independent State of the former Soviet Union, such 

as those violations included in the Helsinki Final Act: Provided, 

That such funds may be made available without regard to the 

restriction in this subsection if the President determines that to 

do so is in the national security interest of the United States. 

(b) Funds appropriated under the heading ‘‘Assistance for 

Europe, Eurasia and Central Asia’’ for the Russian Federation, 

Armenia, Kazakhstan, and Uzbekistan shall be subject to the regular notification procedures of the Committees on Appropriations. 

(c)(1) Of the funds appropriated under the heading ‘‘Assistance 

for Europe, Eurasia and Central Asia’’ that are allocated for assistance for the Government of the Russian Federation, 60 percent 

shall be withheld from obligation until the President determines 

and certifies in writing to the Committees on Appropriations that 

the Government of the Russian Federation— 

(A) has terminated implementation of arrangements to provide Iran with technical expertise, training, technology, or 

equipment necessary to develop a nuclear reactor, related 

nuclear research facilities or programs, or ballistic missile capability; and 

(B) is providing full access to international non-government 

organizations providing humanitarian relief to refugees and 

internally displaced persons in Chechnya. 

(2) Paragraph (1) shall not apply to— 

(A) assistance to combat infectious diseases, child survival 

activities, or assistance for victims of trafficking in persons; 

and 

(B) activities authorized under title V (Nonproliferation 

and Disarmament Programs and Activities) of the FREEDOM 

Support Act. 

(d) Section 907 of the FREEDOM Support Act shall not apply 

to— 

(1) activities to support democracy or assistance under 

title V of the FREEDOM Support Act and section 1424 of 

Public Law 104–201 or non-proliferation assistance; 

President. 

Determination. 

Certification. 

Notification. 

President. 

Determination. 


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PUBLIC LAW 111–117—DEC. 16, 2009 123 STAT. 3393 

(2) any assistance provided by the Trade and Development 

Agency under section 661 of the Foreign Assistance Act of 

1961 (22 U.S.C. 2421); 

(3) any activity carried out by a member of the United 

States and Foreign Commercial Service while acting within 

his or her official capacity; 

(4) any insurance, reinsurance, guarantee or other assistance provided by the Overseas Private Investment Corporation 

under title IV of chapter 2 of part I of the Foreign Assistance 

Act of 1961 (22 U.S.C. 2191 et seq.); 

(5) any financing provided under the Export-Import Bank 

Act of 1945; or 

(6) humanitarian assistance. 

REPRESSION IN THE RUSSIAN FEDERATION

SEC. 7074. (a) None of the funds appropriated under the 

heading ‘‘Assistance for Europe, Eurasia and Central Asia’’ in this 

Act may be made available for the Government of the Russian 

Federation, after 180 days from the date of the enactment of this 

Act, unless the Secretary of State certifies to the Committees on 

Appropriations that the Government of the Russian Federation: 

(1) has implemented no statute, Executive order, regulation 

or similar government action that would discriminate, or which 

has as its principal effect discrimination, against religious 

groups or religious communities in the Russian Federation 

in violation of accepted international agreements on human 

rights and religious freedoms to which the Russian Federation 

is a party; 

(2) is honoring its international obligations regarding 

freedom of expression, assembly, and press, as well as due 

process; 

(3) is investigating and prosecuting law enforcement personnel credibly alleged to have committed human rights abuses 

against political leaders, activists and journalists; and 

(4) is immediately releasing political leaders, activists and 

journalists who remain in detention. 

(b) The Secretary of State may waive the requirements of 

subsection (a) if the Secretary determines that to do so is important 

to the national interests of the United States. 

CENTRAL ASIA

SEC. 7075. The terms and conditions of sections 7075(a) and 

(b) and 7076(a) through (e) of the Department of State, Foreign 

Operations, and Related Programs Appropriations Act, 2009 (division H of Public Law 111–8) shall apply to funds appropriated 

by this Act: Provided, That for purposes of the application of section 

7076(e) to this Act, the term ‘‘assistance’’ shall not include expanded 

international military education and training. 

AFGHANISTAN

SEC. 7076. (a) IN GENERAL.—Funds appropriated by this Act 

that are available for assistance for Afghanistan shall be made 

available, to the maximum extent practicable, in a manner that 

utilizes Afghan entities and emphasizes the participation and 

leadership of Afghan women and directly improves the security, 

Definition. 

Applicability. 

Waiver authority. 

Determination. 

Time period. 

Certification. 


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123 STAT. 3394 PUBLIC LAW 111–117—DEC. 16, 2009 

economic and social well-being, and political status of Afghan 

women and girls. 

(b) ASSISTANCE FOR WOMEN AND GIRLS.— 

(1) The terms and conditions of section 1102(b)(1) of Public 

Law 111–32 shall apply to assistance for Afghanistan in fiscal 

year 2010. 

(2) Of the funds appropriated by this Act under the 

headings ‘‘Economic Support Fund’’ and ‘‘International Narcotics Control and Law Enforcement’’, not less than 

$175,000,000 shall be made available to support programs that 

directly address the needs and protect the rights of Afghan 

women and girls, including for the Afghan Independent Human 

Rights Commission, the Afghan Ministry of Women’s Affairs, 

and for women-led nongovernmental organizations. 

(c) PROCUREMENT OF AFGHAN PRODUCTS AND SERVICES.—The 

terms and conditions of section 1102(c) of Public Law 111–32 shall 

apply to assistance for Afghanistan in fiscal year 2010. 

(d) ANTICORRUPTION.— 

(1) The terms and conditions of section 1102(d) of Public 

Law 111–32 shall apply to assistance for Afghanistan in fiscal 

year 2010. 

(2) Of the funds appropriated by this Act under the heading 

‘‘Economic Support Fund’’ that are available for assistance for 

the Government of Afghanistan, $200,000,000 may not be obligated for such assistance unless the Secretary of State certifies 

to the Committees on Appropriations that the Government 

of Afghanistan is cooperating fully with United States efforts 

against the Taliban and Al Qaeda and to reduce poppy cultivation and illicit drug trafficking: Provided, That the Secretary 

of State may waive the previous sentence if the Secretary 

reports to the Committees on Appropriations that to do so 

is vital to the national security interests of the United States. 

(e) RECONSTRUCTION AND DEVELOPMENT ASSISTANCE.— 

(1) Of the funds appropriated by this Act under the heading 

‘‘Economic Support Fund’’ that are available for assistance for 

Afghanistan, not less than $175,000,000 shall be made available 

for the National Solidarity Program. 

(2) The Secretary of State, in consultation with the 

Administrator of the United States Agency for International 

Development and the Secretary of Defense, should enhance 

United States reconstruction efforts in Afghanistan by— 

(A) emphasizing capacity building and support of 

Afghan entities and institutions at the provincial and subprovincial levels; and 

(B) requiring civilian Provincial Reconstruction Team 

(PRT) leaders to consult regularly with appropriate local 

Afghan leaders in their respective provinces and ensuring 

that PRT reconstruction and development activities support 

local needs in a sustainable manner and strengthen the 

authority and control of the Government of Afghanistan 

at the provincial and sub-provincial levels. 

(f) RULE OF LAW PROGRAMS.—The Coordinator for Rule of Law 

at the United States Embassy in Kabul, Afghanistan shall be consulted on the use of all funds appropriated by this Act for rule 

of law programs and activities in Afghanistan. 

(g) BASE RIGHTS.—None of the funds made available by this 

Act may be used by the United States Government to enter into 

Waiver authority. 

Reports. 

Certification. 

Applicability. 

Applicability. 

Applicability. 


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PUBLIC LAW 111–117—DEC. 16, 2009 123 STAT. 3395 

a permanent basing rights agreement between the United States 

and Afghanistan. 

ENTERPRISE FUNDS

SEC. 7077. (a) Prior to the distribution of any assets resulting 

from any liquidation, dissolution, or winding up of an Enterprise 

Fund, in whole or in part, the President shall submit to the Committees on Appropriations, in accordance with the regular notification 

procedures of the Committees on Appropriations, a plan for the 

distribution of the assets of the Enterprise Fund. 

(b) Funds made available under titles III through VI of this 

Act for Enterprise Funds shall be expended at the minimum rate 

necessary to make timely payment for projects and activities and 

shall be subject to the regular notification procedures of the 

Committees on Appropriations. 

UNITED NATIONS POPULATION FUND

SEC. 7078. (a) CONTRIBUTION.—Of the funds made available 

under the heading ‘‘International Organizations and Programs’’ in 

this Act for fiscal year 2010, $55,000,000 shall be made available 

for the United Nations Population Fund (UNFPA). 

(b) AVAILABILITY OF FUNDS.—Funds appropriated by this Act 

for UNFPA, that are not made available for UNFPA because of 

the operation of any provision of law, shall be transferred to the 

‘‘Global Health and Child Survival’’ account and shall be made 

available for family planning, maternal, and reproductive health 

activities, subject to the regular notification procedures of the 

Committees on Appropriations. 

(c) PROHIBITION ON USE OF FUNDS IN CHINA.—None of the 

funds made available by this Act may be used by UNFPA for 

a country program in the People’s Republic of China. 

(d) CONDITIONS ON AVAILABILITY OF FUNDS.—Funds made available by this Act for UNFPA may not be made available unless— 

(1) UNFPA maintains funds made available by this Act 

in an account separate from other accounts of UNFPA and 

does not commingle such funds with other sums; and 

(2) UNFPA does not fund abortions. 

(e) REPORT TO CONGRESS AND DOLLAR-FOR-DOLLAR WITHHOLDING OF FUNDS.— 

(1) Not later than 4 months after the date of enactment 

of this Act, the Secretary of State shall submit a report to 

the Committees on Appropriations indicating the amount of 

funds that the UNFPA is budgeting for the year in which 

the report is submitted for a country program in the People’s 

Republic of China. 

(2) If a report under paragraph (1) indicates that the 

UNFPA plans to spend funds for a country program in the 

People’s Republic of China in the year covered by the report, 

then the amount of such funds the UNFPA plans to spend 

in the People’s Republic of China shall be deducted from the 

funds made available to the UNFPA after March 1 for obligation 

for the remainder of the fiscal year in which the report is 

submitted. 

Abortions. 

Notification. 

President. 

Notifications. 

Distribution 

plan. 


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123 STAT. 3396 PUBLIC LAW 111–117—DEC. 16, 2009 

OPIC

(INCLUDING TRANSFER OF FUNDS)

SEC. 7079. (a) Whenever the President determines that it is 

in furtherance of the purposes of the Foreign Assistance Act of 

1961, up to a total of $20,000,000 of the funds appropriated under 

title III of this Act may be transferred to, and merged with, funds 

appropriated by this Act for the Overseas Private Investment Corporation Program Account, to be subject to the terms and conditions 

of that account: Provided, That such funds shall not be available 

for administrative expenses of the Overseas Private Investment 

Corporation: Provided further, That designated funding levels in 

this Act shall not be transferred pursuant to this section: Provided 

further, That the exercise of such authority shall be subject to 

the regular notification procedures of the Committees on Appropriations. 

(b) The President of the Overseas Private Investment Corporation is hereby authorized and directed to issue, not later than 

9 months after the date of enactment of this Act, a comprehensive 

set of environmental, transparency and internationally recognized 

worker rights and human rights guidelines with requirements 

binding on the Corporation and its investors that shall be consistently applied to all projects, funds and sub-projects supported by 

the Corporation: Provided, That these regulations shall be no less 

rigorous than the environmental and social guidelines that the 

Corporation has made publicly available as of June 3, 2009, and 

the environmental and social policies of the World Bank Group, 

and hereafter may be issued and further revised only following 

public notice and opportunity for comment: Provided further, That 

the Overseas Private Investment Corporation shall issue a report, 

not later than 180 days after enactment of this Act, highlighting 

its substantial commitment to invest in renewable and other clean 

energy technologies and plans to significantly reduce greenhouse 

gas emissions from its portfolio: Provided further, That such commitment shall include implementing a revised climate change mitigation plan to reduce greenhouse gas emissions associated with 

projects and sub-projects in the agency’s portfolio as of June 30, 

2008 by at least 30 percent over a 10-year period and by at least 

50 percent over a 15-year period. 

(c) Notwithstanding section 235(a)(2) of the Foreign Assistance 

Act of 1961 (22 U.S.C. 2195(a)(2)), the authority of subsections 

(a) through (c) of section 234 of such Act shall remain in effect 

through September 30, 2010. 

EXTRADITION

SEC. 7080. (a) None of the funds appropriated in this Act 

may be used to provide assistance (other than funds provided under 

the headings ‘‘International Narcotics Control and Law Enforcement’’, ‘‘Migration and Refugee Assistance’’, ‘‘Emergency Migration 

and Refugee Assistance’’, and ‘‘Nonproliferation, Anti-terrorism, 

Demining and Related Assistance’’) for the central government of 

a country which has notified the Department of State of its refusal 

to extradite to the United States any individual indicted for a 

criminal offense for which the maximum penalty is life imprisonment without the possibility of parole or for killing a law enforcement officer, as specified in a United States extradition request. 

Termination 

date. 

22 USC 2194 

note. 

Reports. 

Notice. 

Public comment. 

Deadline. 

Guidelines. 

Requirements. 

22 USC 2191b. 

Notification. 

President. 

Determination. 


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PUBLIC LAW 111–117—DEC. 16, 2009 123 STAT. 3397 

(b) Subsection (a) shall only apply to the central government 

of a country with which the United States maintains diplomatic 

relations and with which the United States has an extradition 

treaty and the government of that country is in violation of the 

terms and conditions of the treaty. 

(c) The Secretary of State may waive the restriction in subsection (a) on a case-by-case basis if the Secretary certifies to 

the Committees on Appropriations that such waiver is important 

to the national interests of the United States. 

CLIMATE CHANGE AND ENVIRONMENT PROGRAMS

SEC. 7081. (a) IN GENERAL.—Of the funds appropriated by this Act, up to $1,257,200,000 may be made available for programs 

and activities to— 

(1) reduce, mitigate, and sequester greenhouse gases that 

contribute to global climate change; 

(2) support climate change adaptation; 

(3) protect forests and other critical landscapes; and 

(4) protect biodiversity. 

(b) CLEAN ENERGY PROGRAMS.—Funds appropriated by this 

Act under the headings ‘‘Development Assistance’’, ‘‘Economic Support Fund’’, and ‘‘Assistance for Europe, Eurasia and Central Asia’’ 

for clean energy programs and activities, may be made available 

only to promote the sustainable use of renewable energy technologies and end-use energy efficiency technologies, carbon sequestration, and carbon accounting: Provided, That of the funds made 

available for the United States Agency for International Development (USAID) for clean energy programs, not less than $10,000,000 

shall be made available for microfinance renewable energy programs, including solar energy programs. 

(c) ADAPTATION PROGRAMS.—Funds appropriated by this Act 

shall be made available for United States contributions to the 

Least Developed Countries Fund and the Special Climate Change 

Fund to support adaptation programs and activities, if the Global 

Environment Facility makes publicly available on its website the 

criteria used to determine which programs and activities receive 

funds, the manner in which such programs and activities meet 

such criteria, the extent of local involvement in such programs 

and activities, the amount of funds provided, and the results 

achieved. 

(d) BIODIVERSITY.—Of the funds appropriated by title III of 

this Act, not less than $205,000,000 shall be made available for 

programs and activities which directly protect biodiversity, 

including tropical forests and wildlife, in developing countries, of 

which not less than $25,000,000 shall be made available for USAID’s 

conservation programs in the Amazon Basin: Provided, That of 

the funds made available under this paragraph, not less than 

$20,500,000 shall be made available for the Congo Basin Forest 

Partnership only for programs which directly promote the conservation and sustainable management of natural resources in landscapes 

in the Congo Basin area, with a priority on protected area and 

landscape resource management to enable local communities to 

conserve the natural resource base, including programs to substantially reduce the impacts of industrial-scale resource extraction 

on local communities and the natural resource base: Provided further, That none of the funds appropriated by this Act may be 

Public 

information. 

Web posting. 

Waiver authority. 

Certification. 

Applicability. 


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123 STAT. 3398 PUBLIC LAW 111–117—DEC. 16, 2009 

made available, directly or indirectly, to support industrial-scale 

logging or other industrial-scale resource extraction or sector reform 

that would promote these activities: Provided further, That funds 

appropriated by this Act to carry out the provisions of sections 

103 through 106, and chapter 4 of part II, of the Foreign Assistance 

Act of 1961 may be used, notwithstanding any other provision 

of law and subject to the regular notification procedures of the 

Committees on Appropriations, for the purpose of supporting tropical forestry and biodiversity conservation activities, clean energy 

and climate change programs aimed at reducing greenhouse gas 

emissions, and programs to mitigate mercury pollution: Provided 

further, That funds appropriated under the heading ‘‘Development 

Assistance’’ may be made available as a contribution to the Galapagos Invasive Species Fund. 

(e) CONSULTATION.—Funds made available pursuant to this 

section are subject to prior consultation with, and the regular 

notification procedures of, the Committees on Appropriations: Provided, That prior to the obligation of funds for a contribution 

to the Forest Carbon Partnership Facility, the Secretary of State 

and the Secretary of the Treasury, as appropriate, shall determine 

and report to the Committees on Appropriations that there have 

been thorough consultations by the World Bank with interested 

civil society and indigenous organizations. 

(f) EXTRACTION OF NATURAL RESOURCES.— 

(1) The Secretary of the Treasury shall inform the managements of the international financial institutions and the public 

that it is the policy of the United States to oppose any assistance by such institutions (including but not limited to any 

loan, credit, grant, or guarantee) for the extraction and export 

of oil, gas, coal, timber, or other natural resource unless the 

government of the country has in place functioning systems 

for: 

(A) accurately accounting for payments for companies 

involved in the extraction and export of natural resources; 

(B) the independent auditing of accounts receiving such 

payments and the widespread public dissemination of the 

findings of such audits; and 

(C) verifying government receipts against company 

payments including widespread dissemination of such payment information, and disclosing such documents as Host 

Government Agreements, Concession Agreements, and bidding documents, allowing in any such dissemination or 

disclosure for the redaction of, or exceptions for, information that is commercially proprietary or that would create 

competitive disadvantage. 

(2) Not later than 180 days after the enactment of this 

Act, the Secretary of the Treasury shall submit a report to 

the Committees on Appropriations describing, for each international financial institution, the amount and type of assistance 

provided, by country, for the extraction and export of oil, gas, 

coal, timber, or other natural resources in the preceding 12 

months, and whether each institution considered, in its proposal 

for such assistance, the extent to which the country has functioning systems described in paragraph (1). 

(g) AUTHORIZATION FOR THE CLEAN TECHNOLOGY FUND.— (1) LIMITATIONS ON AUTHORIZATION OF APPROPRIATIONS.— For fiscal year 2010, up to $300,000,000 is authorized to be 

22 USC 7909. 

Deadline. 

Reports. 

Public 

information. 

Determination. 

Reports. 

Notification. 


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PUBLIC LAW 111–117—DEC. 16, 2009 123 STAT. 3399 

appropriated for a United States contribution to the Clean 

Technology Fund (the Fund). 

(2) LIMITS ON COUNTRY ACCESS.—The Secretary of the 

Treasury shall use the voice and vote of the United States 

to ensure that— 

(A) The Fund does not provide more than 15 percent 

of Fund resources to any one country; 

(B) Prior to the obligation of funds, recipient countries 

submit to the governing body of the Fund, and the governing body of the Fund appropriately reviews and considers, an investment plan that will achieve significant 

net reductions in national-level greenhouse gas emissions; 

(C) The investment plan for a recipient country, whose 

borrowing status is classified by the World Bank as ‘‘International Development Association (IDA) blend’’, shall have 

at least 15 percent of its total cost for public sector activities 

contributed from the public funds of the recipient country, 

and any recipient country whose borrowing status is classified by the World Bank as ‘‘International Bank for 

Reconstruction and Development (IBRD) Only’’ status, shall 

have at least 25 percent of its total cost for public sector 

activities contributed from public funds of the recipient 

country; and 

(D) Assistance made available by the Fund is used 

exclusively to support the deployment of clean energy technologies in developing countries (including, where appropriate, through the provision of technical support or support 

for policy or institutional reforms) in a manner that 

achieves substantial net reductions in greenhouse gas emissions. 

(3) REPORTING REQUIREMENT.—Not later than 180 days 

after the date of enactment of this Act and annually thereafter, 

the Secretary of the Treasury shall submit to the Committees 

on Appropriations in the House and Senate, the Senate Foreign 

Relations Committee and the House Financial Services Committee, a report describing— 

(A) the operations and governance of the Fund, and 

the purpose and progress of each project supported by 

the Fund, including the extent to which assistance made 

available by the Fund has reduced or will reduce greenhouse gas emissions in recipient countries; and 

(B) how each project furthers the Fund’s investment 

plan of the country or countries in which the project is 

implemented. 

(4) DEFINITIONS.—For purposes of this subsection— 

(A) NET REDUCTIONS.—The term ‘‘net reductions’’ refers 

to the extent to which a project or program supported 

under this subsection results in lower greenhouse gas emissions than would be emitted by the same entity or sector 

in the same country in the absence of the Fund’s project, 

taking into account, unless impracticable, effects beyond 

the physical boundaries of the project or program that 

result from project or program activities. 

(B) PUBLIC SECTOR ACTIVITIES.—The term ‘‘public 

sector activities’’ may include sovereign loans assumed by 

the recipient country to contribute to the financing of the 

investment plan. 


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123 STAT. 3400 PUBLIC LAW 111–117—DEC. 16, 2009 

(C) CLEAN ENERGY TECHNOLOGY.—The term ‘‘clean 

energy technology’’ means a technology that, as compared 

with technologies being deployed at that time for widespread commercial use in the country involved— 

(i) achieves substantial reductions in greenhouse 

gas emissions; 

(ii) does not result in significant incremental 

adverse effects on public health or the environment; 

and 

(iii) does one or more of the following: 

(I) generates electricity or useful thermal 

energy from a renewable resource; 

(II) substantially increases the energy efficiency of buildings, industrial, or agricultural processes, or of electricity transmission, distribution, 

or end-use consumption; or 

(III) substantially increases the energy efficiency of the transportation system or increases 

utilization of transportation fuels that have 

lifecycle greenhouse gas emissions that are 

substantially lower than those attributable to fossil 

fuel-based alternatives. 

PROHIBITION ON PROMOTION OF TOBACCO

SEC. 7082. None of the funds provided by this Act shall be 

available to promote the sale or export of tobacco or tobacco products, or to seek the reduction or removal by any foreign country 

of restrictions on the marketing of tobacco or tobacco products, 

except for restrictions which are not applied equally to all tobacco 

or tobacco products of the same type. 

COMMERCIAL LEASING OF DEFENSE ARTICLES

SEC. 7083. Notwithstanding any other provision of law, and 

subject to the regular notification procedures of the Committees 

on Appropriations, the authority of section 23(a) of the Arms Export 

Control Act may be used to provide financing to Israel, Egypt 

and NATO and major non-NATO allies for the procurement by 

leasing (including leasing with an option to purchase) of defense 

articles from United States commercial suppliers, not including 

Major Defense Equipment (other than helicopters and other types 

of aircraft having possible civilian application), if the President 

determines that there are compelling foreign policy or national 

security reasons for those defense articles being provided by 

commercial lease rather than by government-to-government sale 

under such Act. 

ANTI-KLEPTOCRACY

SEC. 7084. (a) In furtherance of the National Strategy to Internationalize Efforts Against Kleptocracy and Presidential Proclamation 7750, the Secretary of State shall compile and maintain a 

list of officials of foreign governments and their immediate family 

members who the Secretary has credible evidence have been 

involved in corruption relating to the extraction of natural resources 

in their countries. 

Records. 

8 USC 1182 note. 

Notification. 

President. 

Determination. 


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PUBLIC LAW 111–117—DEC. 16, 2009 123 STAT. 3401 

(b) Any individual on the list compiled under subsection (a) 

shall be ineligible for admission to the United States. 

(c) The Secretary may waive the application of subsection (b) 

if the Secretary determines that admission to the United States 

is necessary to attend the United Nations or to further United 

States law enforcement objectives, or that the circumstances which 

caused the individual to be included on the list have changed 

sufficiently to justify the removal of the individual from the list. 

(d) Not later than 90 days after enactment of this Act and 

180 days thereafter, the Secretary of State shall report in writing, 

in classified form if necessary, to the Committees on Appropriations 

describing the evidence of corruption concerning each of the individuals listed pursuant to subsection (a). 

INTERNATIONAL PRISON CONDITIONS

SEC. 7085. (a) Not later than 180 days after enactment of 

this Act, the Secretary of State shall submit to the Committees 

on Appropriations a report, which shall also be made publicly 

available including on the Department of State’s website, describing 

the conditions in prisons and other detention facilities in countries 

receiving United States assistance where the Assistant Secretary 

of State for Democracy, Human Rights and Labor has determined, 

based on the Department of State’s most recent Human Rights 

Report and any other relevant information, arbitrary detention 

and/or cruel, inhumane or degrading treatment of prisoners or 

detainees, or inhumane prison conditions, is common, and identifying those countries, if any, whose governments the Assistant 

Secretary determines are making significant efforts to eliminate 

inhumane conditions and those countries whose governments the 

Assistant Secretary determines are not making such efforts. 

(b) For purposes of each determination made pursuant to subsection (a), the Assistant Secretary shall consider whether: 

(1) the number of prisoners or detainees does not so exceed 

prison capacity such that per capita floor space is sufficient 

to allow for humane sleeping conditions and reasonable physical 

movement; 

(2) human waste facilities are available and are located 

separately from the prison population at large, and human 

waste is disposed of regularly and in a sanitary manner; 

(3) the lighting, ventilation, temperature and physical 

construction of prisons and other detention facilities do not 

seriously endanger health and safety; 

(4) prisoners and detainees have access to adequate food 

and potable drinking water; 

(5) prisoners and detainees have access to basic and emergency medical care; 

(6) to the maximum extent practicable, prisoners and 

detainees are allowed reasonable contact with visitors and permitted religious observance; 

(7) the government permits prisoners and detainees to 

submit complaints to judicial authorities without censorship, 

investigates credible allegations of inhumane conditions, and 

documents the results of such investigations in a manner that 

is publicly accessible; 

(8) the government is investigating and monitoring the 

conditions of prisons and other detention facilities under its 

Deadline. 

Reports. 

Public 

information. 

Web posting. 

Determination. 

Deadlines. 

Reports. 

Classified 

information. 

Waiver authority. 

Determination. 


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123 STAT. 3402 PUBLIC LAW 111–117—DEC. 16, 2009 

authority, including cooperation with international experts on 

eliminating inhumane conditions, and such information is available to the Secretary of State; 

(9) the government is appointing ombudsmen to serve on 

behalf of prisoners and detainees, considering alternatives to 

incarceration for nonviolent offenders to alleviate inhumane 

overcrowding, making efforts to address the status and circumstances of confinement of juvenile offenders, making efforts 

to improve pre-trial detention, bail and recordkeeping procedures to reduce pre-trial detention periods and to ensure that 

prisoners do not serve beyond the maximum sentence for the 

charged offense; and 

(10) the government is increasing the amount of government resources to eliminate inhumane conditions. 

(c) Funds appropriated by this Act to carry out the provisions 

of chapters 1 and 11 of part I and chapter 4 of part II of the 

Foreign Assistance Act of 1961, and the Support for East European 

Democracy (SEED) Act of 1989, shall be made available, notwithstanding section 660 of the Foreign Assistance Act of 1961, for 

assistance to help eliminate inhumane conditions in prisons and 

other detention facilities administered by foreign governments that 

the Assistant Secretary of State determines are making significant 

efforts to eliminate such conditions. 

(d) The Secretary of State shall designate a Deputy Assistant 

Secretary of State in the Bureau of Democracy, Human Rights 

and Labor to have primary responsibility for diplomatic efforts 

related to international prison conditions. 

TRANSPARENCY AND ACCOUNTABILITY

SEC. 7086. (a) UNITED NATIONS.—Funds appropriated by this 

Act shall be available to continue to support efforts to promote 

transparency and accountability at the United Nations, including 

access to audits and program information, as appropriate: Provided, 

That the Secretary of State, following consultation with the Committees on Appropriations, may withhold from obligation funds appropriated under the heading ‘‘International Organizations and Programs’’ for a United States contribution to a United Nations 

organization or agency if the Secretary determines that such 

organization or agency is not adequately implementing reforms 

to increase transparency and accountability. 

(b) INTERNATIONAL MONETARY FUND.— 

(1) The Secretary of the Treasury shall instruct the United 

States Executive Director of the International Monetary Fund 

(the Fund) to promote standard public disclosure of documents 

of the Fund presented to the Executive Board of the Fund 

and summaries of the minutes of meetings of the Board, as 

recommended by the Independent Evaluation Office of the 

Fund, not later than 2 years after the date of the meeting 

at which the document was presented or the minutes were 

taken (as the case may be), unless the Executive Board— 

(A) determines that it is appropriate to delay disclosure; and 

(B) posts the reason for the delay on the website of 

the Fund. 

(2) TRANSPARENCY AND ACCOUNTABILITY OF LOANS, AGREE- MENTS, AND OTHER PROGRAMS OF THE INTERNATIONAL MONETARY

Web posting. 

Determination. 

Deadline. 

Designation. 


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PUBLIC LAW 111–117—DEC. 16, 2009 123 STAT. 3403 

FUND.—The Secretary of the Treasury shall instruct the United 

States Executive Director of the International Monetary Fund 

to promote— 

(A) transparency and accountability in the policymaking and budgetary procedures of governments of members of the Fund; 

(B) the participation of citizens and nongovernmental 

organizations in the economic policy choices of those 

governments; and 

(C) the adoption by those governments of loans, agreements, or other programs of the Fund through a parliamentary process or another participatory and transparent 

process, as appropriate. 

(3) EFFORTS TO REDUCE THE WORST FORMS OF CHILD

LABOR.— (A) The Secretary of the Treasury shall instruct the 

United States Executive Director of the International 

Monetary Fund to promote policies and practices to reduce 

the worst forms of child labor (as defined in section 507(6) 

of the Trade Act of 1974 (19 U.S.C. 2467(6))) through 

education and other means, such as promoting the need 

for members of the Fund to develop and implement national 

action plans to combat the worst forms of child labor. 

(B) Not later than one year after the date of the enactment of this Act, the Secretary of the Treasury shall submit 

to the Committees on Appropriations and Foreign Relations 

of the Senate and the Committees on Appropriations and 

Financial Services of the House of Representatives a report 

describing efforts of the Fund to reduce the worst forms 

of child labor. 

(c) NATIONAL BUDGET TRANSPARENCY.— 

(1) None of the funds appropriated under titles III and 

IV of this Act may be made available for assistance for the 

central government of any country that fails to publicly disclose 

on an annual basis its national budget, to include income 

and expenditures. 

(2) The Secretary of State may waive the requirements 

of paragraph (1) on a country-by-country basis if the Secretary 

reports to the Committees on Appropriations that to do so 

is important to the national interest of the United States. 

(3) Of the funds appropriated by this Act under the heading 

‘‘Economic Support Fund’’, up to $1,500,000 may be made available for programs and activities to assist the central government of any country named in the reports required by paragraph (2) to improve national budget transparency: Provided, 

That such sums shall be in addition to funds otherwise made 

available for such purposes. 

(d) ASIAN DEVELOPMENT BANK.—Ten percent of the funds 

appropriated by this Act under the heading ‘‘Contribution to the 

Asian Development Fund’’ shall be withheld from obligation until 

the Secretary of the Treasury reports to the Committees on Appropriations that the Asian Developement Bank (the Bank) is taking 

steps to— 

(1) implement an independent review, to include external 

specialists, of the operations and internal controls of the Office 

of Information Systems and Technology and any other offices 

considered vulnerable to fraud and corruption; 

Reports. 

Waiver authority. 

Reports. 

Public 

information. 

Deadline. 

Deadline. 

Reports. 


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123 STAT. 3404 PUBLIC LAW 111–117—DEC. 16, 2009 

(2) strengthen internal controls to improve accountability 

by management and prevent cases of fraud and corruption; 

and 

(3) ensure that restitution, including criminal prosecution 

if appropriate, is sought if the Bank experiences losses from 

fraud and corruption. 

DISABILITY PROGRAMS

SEC. 7087. (a) Of the funds appropriated by this Act under the heading ‘‘Economic Support Fund’’, not less than $5,000,000 

shall be made available for programs and activities administered 

by the United States Agency for International Development 

(USAID) to address the needs and protect and promote the rights 

of people with disabilities in developing countries, and for programs 

to disseminate information (including best practices and strategies) 

on independent living, advocacy, education, and transportation to 

people with disabilities and disability advocacy organizations in 

developing countries, including for the cost of translation. 

(b) Funds appropriated under the heading ‘‘Operating 

Expenses’’ in title II of this Act shall be made available to develop 

and implement training for staff in overseas USAID missions to 

promote the full inclusion and equal participation of people with 

disabilities in developing countries. 

(c) The Secretary of State, the Secretary of the Treasury, and 

the USAID Administrator shall seek to ensure that, where appropriate, construction projects funded by this Act are accessible to 

people with disabilities and in compliance with the USAID Policy 

on Standards for Accessibility for the Disabled, or other similar 

accessibility standards. 

(d) Of the funds made available pursuant to subsection (a), 

not more than 7 percent may be for management, oversight, and 

technical support. 

ORPHANS, DISPLACED, AND ABANDONED CHILDREN

SEC. 7088. Of the funds appropriated under title III of this Act, $3,000,000 should be made available for activities to improve 

the capacity of foreign government agencies and nongovernmental 

organizations to prevent child abandonment, address the needs 

of orphans, displaced and abandoned children and provide permanent homes through family reunification, guardianship and adoptions, consistent with the Hague Convention on the Protection 

of Children and Co-operation in Respect of Inter-Country Adoption. 

SRI LANKA

SEC. 7089. (a) IN GENERAL.—Funds appropriated in title III 

of this Act that are available for assistance for Sri Lanka shall 

be made available for programs that promote reconciliation between 

ethnic Sinhalese and Tamil populations, support post-conflict 

reconstruction, and advance the participation of Tamils and other 

minorities in the political and economic life of the country, and 

shall be subject to the regular notification procedures of the 

Committees on Appropriations. 

(b) RESTRICTION ON MILITARY ASSISTANCE.—None of the funds 

appropriated by this Act under the heading ‘‘Foreign Military 

Financing Program’’ may be made available for assistance for Sri 

Certification. 

Notification. 


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PUBLIC LAW 111–117—DEC. 16, 2009 123 STAT. 3405 

Lanka, no defense export license may be issued, and no military 

equipment or technology shall be sold or transferred to Sri Lanka 

pursuant to the authorities contained in this Act or any other 

Act, until the Secretary of State certifies to the Committees on 

Appropriations that the Government of Sri Lanka— 

(1) is suspending and bringing to justice members of the 

military who have been credibly alleged to have violated internationally recognized human rights or international humanitarian law; and 

(2) is respecting internationally recognized human rights, 

including the right of due process and freedoms of the press, 

association and assembly; 

(3) is treating internally displaced persons in accordance 

with international standards, including by guaranteeing their 

freedom of movement, providing access to conflict-affected areas 

and populations by humanitarian organizations and journalists, 

and accounting for persons detained in the conflict; and 

(4) is implementing policies to promote reconciliation and 

justice including devolution of power as provided for in the 

Constitution of Sri Lanka. 

(c) EXCEPTION.—Subsection (b) shall not apply to assistance 

for humanitarian demining. 

(d) USE OF FUNDS.—If the Secretary makes the certification 

required in subsection (b), funds appropriated under the heading 

‘‘Foreign Military Financing Program’’ that are made available for 

assistance for Sri Lanka should be used to support the recruitment 

and training of Tamils into the Sri Lankan military, Tamil language 

training for Sinhalese military personnel, and human rights 

training for all military personnel. 

(e) RESTRICTION ON MULTILATERAL ASSISTANCE.—The Secretary 

of the Treasury shall instruct the United States Executive Directors 

of the international financial institutions (as defined in section 

1701(c)(2) of the International Financial Institutions Act (22 U.S.C. 

262r(c)(2))) to vote against any loan, agreement, or other financial 

support for Sri Lanka except to meet basic human needs, unless 

the Secretary of State certifies to the Committees on Appropriations 

that the Government of Sri Lanka is meeting the requirements 

in subsection (b)(3). 

INTERNATIONAL MONETARY FUND PROVISIONS

SEC. 7090. (a) OPPOSITION TO HARD CURRENCY FOR SDRS

RECEIVED BY TERRORIST COUNTRIES.—The Secretary of the 

Treasury shall instruct the United States Executive Director at 

the International Monetary Fund (the Fund) to use the voice and 

vote of the United States to oppose the provision by the Fund 

of United States dollars, euros, or Japanese yen to any country 

the government of which the Secretary of State has determined, 

for purposes of section 6(j) of the Export Administration Act of 

1979, section 620A of the Foreign Assistance Act of 1961, or section 

40 of the Arms Export Control Act, to be a government that has 

repeatedly provided support for acts of international terrorism, 

in exchange for any Special Drawing Rights received by the country 

pursuant to the amendments to the Articles of Agreement of the 

Fund as described in section 64 of the Bretton Woods Agreements 

Act. 

Determination. 

Certification. 


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123 STAT. 3406 PUBLIC LAW 111–117—DEC. 16, 2009 

(b) CONDITIONAL SUNSET ON AUTHORITY TO MAKE LOANS TO

FUND THE NEW ARRANGEMENTS TO BORROW.—Section 17(a) of the 

Bretton Woods Agreements Act (22 U.S.C. 286e–2(a)) is amended 

by adding at the end the following: 

‘‘(3) The authority to make loans under this section shall 

expire on the date that is 5 years after the date of the enactment 

of this paragraph unless the Secretary of the Treasury, not 

later than 60 days before such expiration date or 60 days 

prior to the renewal of the decision governing the New Arrangements to Borrow (NAB), whichever occurs first, certifies to 

the appropriate congressional committees, that— 

‘‘(A) no amendments made, or anticipated to be made, 

to the NAB to achieve an expanded and more flexible 

NAB, as described in paragraph 17 of the G20 Leaders’ 

Statement at the 2009 London Summit, will impair the 

ability of the Secretary of the Treasury to consider a 

renewal of the NAB decision at intervals no greater than 

5 years and to withdraw the adherence of the United 

States to the NAB decision as is currently provided under 

paragraph 19 of the New Arrangement to Borrow, adopted 

by the Executive Board of the International Monetary Fund 

(IMF) on January 27, 1997; and 

‘‘(B)(i) the IMF will borrow resources from members 

under the NAB only when quota resources need to be 

supplemented in order to forestall or cope with an impairment of the international monetary system or to deal with 

an exceptional situation that poses a threat to the stability 

of that system; 

‘‘(ii) the IMF has, prior to any activation of the NAB, 

fully explored other means of funding to supplement any 

potential shortfall in quota resources necessary to forestall 

or cope with an impairment of the international monetary 

system or to deal with an exceptional situation that poses 

a threat to the stability of that system; or 

‘‘(iii) it is in the United States’ strategic economic 

interest to maintain the relative size or lower of the United 

States contribution to the NAB as in effect on the date 

of the certification. 

‘‘(4) Not later than 15 days before submitting the certification under paragraph (3), the Secretary of the Treasury shall 

consult with the appropriate congressional committees 

regarding such certification.’’. 

(c) LIMITATION ON PERCENTAGE OF NEW ARRANGEMENTS TO

BORROW TO BE FUNDED BY THE UNITED STATES.—Section 17(a)(2) 

of the Bretton Woods Agreements Act (22 U.S.C. 286e–2(a)(2)) is 

amended by striking ‘‘is representative of its share as of the date 

of the enactment of this Act’’ and inserting ‘‘remains not greater 

than 20 percent, which approximates the United States share as 

of the date of the enactment of the Supplemental Appropriations 

Act, 2009 Public Law 111–32’’. 

(d) REPORTING REQUIREMENTS.—Not later than 60 days after 

the enactment of this Act and annually thereafter until September 

30, 2014, the Secretary of the Treasury, in consultation with other 

appropriate Federal agencies, shall submit to the Committees on 

Appropriations a report on the loans made and programs carried 

out using financing provided by or through the New Arrangements 

Deadline. 

Certification. 

Consultation. 

Expiration date. 

Deadlines. 

Certification. 


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PUBLIC LAW 111–117—DEC. 16, 2009 123 STAT. 3407 

to Borrow: Provided, That each such report shall include the following: 

(1) A description of the economies of countries requiring 

the assistance from the New Arrangements to Borrow, including 

the monetary, fiscal, and exchange rate policies of the countries. 

(2) A description of the degree to which the countries 

requiring the assistance have implemented domestic reforms 

including— 

(A) the enactment and implementation of appropriate 

financial reform legislation; 

(B) strengthening the domestic financial system and 

improving transparency and supervision; 

(C) opening domestic capital markets; and 

(D) making nontransparent conglomerate practices 

more transparent through the application of internationally 

accepted accounting practices, independent external audits, 

full disclosure, and provision of consolidated statements. 

(3) A detailed summary of the trade policies of the countries, including any unfair trade practices or adverse effects 

of the trade policies on the United States. 

(4) The amount, rate of interest, and disbursement and 

repayment schedules of any funds disbursed by the International Monetary Fund pursuant to the New Arrangements 

to Borrow. 

INTELLECTUAL PROPERTY RIGHTS PROTECTIONS

SEC. 7091. Not later than 60 days after enactment of this 

Act and every 120 days thereafter until September 30, 2010, the 

Secretary of State shall submit a report to the Committees on 

Appropriations detailing actions taken by the Secretary during 

negotiations on the United Nations Framework Convention on Climate Change, and subsequent international climate change negotiations, to promote compliance with and enforcement of existing international legal requirements concerning intellectual property rights 

and effective intellectual property rights protection and enforcement 

for energy and environmental technologies. 

PROHIBITION ON CERTAIN FIRST-CLASS TRAVEL

SEC. 7092. None of the funds made available in this Act may 

be used for first-class travel by employees of agencies funded by 

this Act in contravention of sections 301–10.122 through 301–10.124 

of title 41, Code of Federal Regulations. 

LIMITATION ON USE OF FUNDS IN CONTRAVENTION OF CERTAIN LAWS

SEC. 7093. None of the funds made available in this Act or 

prior Acts may be used in contravention of any provision of, or 

amendment made by, this Act or sections 1110, 1112, 1403, or 

1404 of the Supplemental Appropriations Act, 2009 (Public Law 

111–32), unless such authority is expressly provided in statute: 

Provided, That if a determination is made on constitutional grounds 

by the Executive Branch that any provision of law covered by 

the preceding sentence shall not apply, the head of the relevant 

Federal agency shall notify the Committees on Appropriations in 

writing within 5 days of such determination, the basis for such 

determination and any resulting changes to program and policy. 

Determination. 

Notification. 

Deadline. 

Deadlines. 

Reports. 


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123 STAT. 3408 PUBLIC LAW 111–117—DEC. 16, 2009 

LEGISLATIVE HISTORY—H.R. 3288: 

HOUSE REPORTS: Nos. 111–218 (Comm. on Appropriations) and 111–366 

(Comm. of Conference). 

SENATE REPORTS: No. 111–69 (Comm. on Appropriations). 

CONGRESSIONAL RECORD, Vol. 155 (2009): 

July 23, considered and passed House. 

Sept. 10, 11, 14–17, considered and passed Senate, amended. 

Dec. 10, House agreed to conference report. Senate considered conference 

report. 

Dec. 11–13, Senate considered and agreed to conference report. 

Æ 

This division may be cited as the ‘‘Department of State, Foreign 

Operations, and Related Programs Appropriations Act, 2010’’ 

Approved December 16, 2009. 


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