I 

111TH CONGRESS 

1ST SESSION H. R. 3288 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 17, 2009 

Ordered to be printed with the amendment of the Senate 

[Strike out all after the enacting clause and insert the part printed in italic] 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 That the following sums are appropriated, out of any 

4 money in the Treasury not otherwise appropriated, for the 

5 Departments of Transportation, and Housing and Urban 

6 Development, and related agencies for the fiscal year end7 ing September 30, 2010, and for other purposes, namely: 


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1 TITLE I 

2 DEPARTMENT OF TRANSPORTATION 

3 OFFICE OF THE SECRETARY

4 SALARIES AND EXPENSES

5 For necessary expenses of the Office of the Secretary, 

6 $102,556,000 (reduced by $250,000), of which not to ex7 ceed $2,631,000, shall be available for the immediate Of8 fice of the Secretary; not to exceed $986,000, shall be 

9 available for the immediate Office of the Deputy Sec10 retary; not to exceed $20,359,000, shall be available for 

11 the Office of the General Counsel; not to exceed 

12 $11,100,000, shall be available for the Office of the Under 

13 Secretary of Transportation for Policy; not to exceed 

14 $10,559,000, shall be available for the Office of the Assist15 ant Secretary for Budget and Programs; not to exceed 

16 $2,440,000, shall be available for the Office of the Assist17 ant Secretary for Governmental Affairs; not to exceed 

18 $25,520,000, shall be available for the Office of the Assist19 ant Secretary for Administration; not to exceed 

20 $2,055,000, shall be available for the Office of Public Af21 fairs; not to exceed $1,658,000, shall be available for the 

22 Office of the Executive Secretariat; not to exceed 

23 $1,433,000, shall be available for the Office of Small and 

24 Disadvantaged Business Utilization; not to exceed 

25 $10,600,000, shall be available for the Office of IntelVerDate Nov 24 2008 02:06 Sep 19, 2009 Jkt 079200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6401 E:\BILLS\H3288.PP H3288

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1 ligence, Security, and Emergency Response; and not to ex2 ceed $13,215,000 shall be available for the Office of the 

3 Chief Information Officer: Provided, That the Secretary 

4 of Transportation is authorized to transfer funds appro5 priated for any office of the Office of the Secretary to any 

6 other office of the Office of the Secretary: Provided fur7 ther, That no appropriation for any office shall be in8 creased or decreased by more than 5 percent by all such 

9 transfers: Provided further, That notice of any change in 

10 funding greater than 5 percent shall be submitted for ap11 proval to the House and Senate Committees on Appropria12 tions: Provided further, That not to exceed $60,000, shall 

13 be for allocation within the Department for official recep14 tion and representation expenses as the Secretary may de15 termine: Provided further, That notwithstanding any other 

16 provision of law, excluding fees authorized in Public Law 

17 107–71, there may be credited to this appropriation up 

18 to $2,500,000, in funds received in user fees: Provided fur19 ther, That none of the funds provided in this Act shall 

20 be available for the position of Assistant Secretary for 

21 Public Affairs. 

22 FINANCIAL MANAGEMENT CAPITAL

23 For necessary expenses for upgrading and enhancing 

24 the Department of Transportation’s financial systems, 


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1 and reengineering business processes, $5,000,000 (re2 duced by $3,000,000), to remain available until expended. 

3 OFFICE OF CIVIL RIGHTS

4 For necessary expenses of the Office of Civil Rights, 

5 $9,667,000. 

6 TRANSPORTATION PLANNING, RESEARCH, AND

7 DEVELOPMENT

8 For necessary expenses for conducting transportation 

9 planning, research, systems development, development ac10 tivities, and making grants, to remain available until ex11 pended, $14,733,000. 

12 WORKING CAPITAL FUND

13 For necessary expenses for operating costs and cap14 ital outlays of the Working Capital Fund, not to exceed 

15 $147,569,000, shall be paid from appropriations made 

16 available to the Department of Transportation: Provided, 

17 That such services shall be provided on a competitive basis 

18 to entities within the Department of Transportation: Pro19 vided further, That the above limitation on operating ex20 penses shall not apply to non-DOT entities: Provided fur21 ther, That no funds appropriated in this Act to an agency 

22 of the Department shall be transferred to the Working 

23 Capital Fund without the approval of the agency modal 

24 administrator: Provided further, That no assessments may 

25 be levied against any program, budget activity, subactivity 


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1 or project funded by this Act unless notice of such assess2 ments and the basis therefor are presented to the House 

3 and Senate Committees on Appropriations and are ap4 proved by such Committees. 

5 MINORITY BUSINESS RESOURCE CENTER PROGRAM

6 For the cost of guaranteed loans for short-term work7 ing capital, $342,000, as authorized by 49 U.S.C. 332: 

8 Provided, That such costs, including the cost of modifying 

9 such loans, shall be as defined in section 502 of the Con10 gressional Budget Act of 1974: Provided further, That 

11 these funds are available to subsidize total loan principal, 

12 any part of which is to be guaranteed, not to exceed 

13 $18,367,000. In addition, for administrative expenses to 

14 carry out the guaranteed loan program, $570,000. 

15 MINORITY BUSINESS OUTREACH

16 For necessary expenses of Minority Business Re17 source Center outreach activities, $3,074,000, to remain 

18 available until September 30, 2011: Provided, That not19 withstanding 49 U.S.C. 332, these funds may be used for 

20 business opportunities related to any mode of transpor21 tation. 


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1 PAYMENTS TO AIR CARRIERS

2 (AIRPORT AND AIRWAY TRUST FUND)

3 (INCLUDING TRANSFER OF FUNDS)

4 In addition to funds made available from any other 

5 source to carry out the Essential Air Service Program pur6 suant to 49 U.S.C. 41731 through 41742, $125,000,000, 

7 to be derived from the Airport and Airway Trust Fund, 

8 to remain available until expended: Provided, That, in de9 termining between or among carriers competing to provide 

10 service to a community, the Secretary may consider the 

11 relative subsidy requirements of the carriers: Provided fur12 ther, That, if the funds under this heading are insufficient 

13 to meet the costs of the Essential Air Service Program 

14 in the current fiscal year, the Secretary shall transfer such 

15 sums as may be necessary to carry out the Essential Air 

16 Service Program from any available amounts appropriated 

17 to or directly administered by the Office of the Secretary 

18 for such fiscal year. 

19 ADMINISTRATIVE PROVISIONS—OFFICE OF THE

20 SECRETARY OF TRANSPORTATION

21 SEC. 101. None of the funds made available in this 

22 Act to the Department of Transportation may be obligated 

23 for the Office of the Secretary of Transportation to ap24 prove assessments or reimbursable agreements pertaining 

25 to funds appropriated to the modal administrations in this 


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1 Act, except for activities underway on the date of enact2 ment of this Act, unless such assessments or agreements 

3 have completed the normal reprogramming process for 

4 Congressional notification. 

5 SEC. 102. None of the funds made available under 

6 this Act may be obligated or expended to establish or im7 plement a program under which essential air service com8 munities are required to assume subsidy costs commonly 

9 referred to as the EAS local participation program. 

10 SEC. 103. The Secretary or his or her designee may 

11 engage in activities with States and State legislators to 

12 consider proposals related to the reduction of motorcycle 

13 fatalities. 

14 FEDERAL AVIATION ADMINISTRATION

15 OPERATIONS

16 (AIRPORT AND AIRWAY TRUST FUND)

17 For necessary expenses of the Federal Aviation Ad18 ministration, not otherwise provided for, including oper19 ations and research activities related to commercial space 

20 transportation, administrative expenses for research and 

21 development, establishment of air navigation facilities, the 

22 operation (including leasing) and maintenance of aircraft, 

23 subsidizing the cost of aeronautical charts and maps sold 

24 to the public, lease or purchase of passenger motor vehi25 cles for replacement only, in addition to amounts made 


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1 available by Public Law 108–176, $9,347,168,000, of 

2 which $5,190,798,000 shall be derived from the Airport 

3 and Airway Trust Fund, of which not to exceed 

4 $7,300,739,000 shall be available for air traffic organiza5 tion activities; not to exceed $1,231,765,000 shall be avail6 able for aviation safety activities; not to exceed 

7 $14,737,000 (increased by $1,000,000) shall be available 

8 for commercial space transportation activities; not to ex9 ceed $113,681,000 shall be available for financial services 

10 activities; not to exceed $100,428,000 shall be available 

11 for human resources program activities; not to exceed 

12 $341,977,000 shall be available for region and center op13 erations and regional coordination activities; not to exceed 

14 $190,063,000 shall be available for staff offices; and not 

15 to exceed $49,778,000 (reduced by $1,000,000) shall be 

16 available for information services: Provided, That not to 

17 exceed 2 percent of any budget activity, except for aviation 

18 safety budget activity, may be transferred to any budget 

19 activity under this heading: Provided further, That no 

20 transfer may increase or decrease any appropriation by 

21 more than 2 percent: Provided further, That any transfer 

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

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

24 available for obligation or expenditure except in compli25 ance with the procedures set forth in that section: ProVerDate Nov 24 2008 02:06 Sep 19, 2009 Jkt 079200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6401 E:\BILLS\H3288.PP H3288

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1 vided further, That the Secretary utilize not less than 

2 $17,084,000 of the funds provided for aviation safety ac3 tivities to pay for staff increases in the Office of Aviation 

4 Flight Standards and the Office of Aircraft Certification: 

5 Provided further, That not later than March 31 of each 

6 fiscal year hereafter, the Administrator of the Federal 

7 Aviation Administration shall transmit to Congress an an8 nual update to the report submitted to Congress in De9 cember 2004 pursuant to section 221 of Public Law 108– 

10 176: Provided further, That funds may be used to enter 

11 into a grant agreement with a nonprofit standard-setting 

12 organization to assist in the development of aviation safety 

13 standards: Provided further, That none of the funds in this 

14 Act shall be available for new applicants for the second 

15 career training program: Provided further, That none of 

16 the funds in this Act shall be available for the Federal 

17 Aviation Administration to finalize or implement any regu18 lation that would promulgate new aviation user fees not 

19 specifically authorized by law after the date of the enact20 ment of this Act: Provided further, That there may be 

21 credited to this appropriation as offsetting collections 

22 funds received from States, counties, municipalities, for23 eign authorities, other public authorities, and private 

24 sources, including funds from fees authorized under Chap25 ter 453 of title 49, United States Code, other than those 


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1 authorized by Section 45301(a)(1) of that title, which 

2 shall be available for expenses incurred in the provision 

3 of agency services, including receipts for the maintenance 

4 and operation of air navigation facilities, and for issuance, 

5 renewal or modification of certificates, including airman, 

6 aircraft, and repair station certificates, or for tests related 

7 thereto, or for processing major repair or alteration forms: 

8 Provided further, That of the funds appropriated under 

9 this heading, not less than $9,500,000 shall be for the 

10 contract tower cost-sharing program: Provided further, 

11 That of the funds available under this heading not to ex12 ceed $500,000 shall be provided to the Department of 

13 Transportation’s Office of Inspector General through re14 imbursement to conduct the annual audits of financial 

15 statements in accordance with section 3521 of title 31, 

16 United States Code, and not to exceed $120,000 shall be 

17 provided to that office through reimbursement to conduct 

18 the annual Enterprise Services Center Statement on Au19 diting Standards 70 audit: Provided further, That none of 

20 the funds in this Act for aeronautical charting and cartog21 raphy are available for activities conducted by, or coordi22 nated through, the Working Capital Fund. 


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1 FACILITIES AND EQUIPMENT

2 (AIRPORT AND AIRWAY TRUST FUND)

3 For necessary expenses, not otherwise provided for, 

4 for acquisition, establishment, technical support services, 

5 improvement by contract or purchase, and hire of National 

6 Airspace Systems and experimental facilities and equip7 ment, as authorized under part A of subtitle VII of title 

8 49, United States Code, including initial acquisition of 

9 necessary sites by lease or grant; engineering and service 

10 testing, including construction of test facilities and acqui11 sition of necessary sites by lease or grant; construction 

12 and furnishing of quarters and related accommodations 

13 for officers and employees of the Federal Aviation Admin14 istration stationed at remote localities where such accom15 modations are not available; and the purchase, lease, or 

16 transfer of aircraft from funds available under this head17 ing, including aircraft for aviation regulation and certifi18 cation; to be derived from the Airport and Airway Trust 

19 Fund, $2,925,202,000, of which $2,455,202,000 shall re20 main available until September 30, 2012, and of which 

21 $470,000,000 shall remain available until September 30, 

22 2010: Provided, That there may be credited to this appro23 priation as offsetting collections funds received from 

24 States, counties, municipalities, other public authorities, 

25 and private sources, which shall be available for expenses 


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1 incurred in the establishment and modernization of air 

2 navigation facilities: Provided further, That upon initial 

3 submission to the Congress of the fiscal year 2011 Presi4 dent’s budget, the Secretary of Transportation shall trans5 mit to the Congress a comprehensive capital investment 

6 plan for the Federal Aviation Administration which in7 cludes funding for each budget line item for fiscal years 

8 2011 through 2015, with total funding for each year of 

9 the plan constrained to the funding targets for those years 

10 as estimated and approved by the Office of Management 

11 and Budget. 

12 RESEARCH, ENGINEERING, AND DEVELOPMENT

13 (AIRPORT AND AIRWAY TRUST FUND)

14 For necessary expenses, not otherwise provided for, 

15 for research, engineering, and development, as authorized 

16 under part A of subtitle VII of title 49, United States 

17 Code, including construction of experimental facilities and 

18 acquisition of necessary sites by lease or grant, 

19 $195,000,000, to be derived from the Airport and Airway 

20 Trust Fund and to remain available until September 30, 

21 2012: Provided, That there may be credited to this appro22 priation as offsetting collections, funds received from 

23 States, counties, municipalities, other public authorities, 

24 and private sources, which shall be available for expenses 

25 incurred for research, engineering, and development. 


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1 GRANTS-IN-AID FOR AIRPORTS

2 (LIQUIDATION OF CONTRACT AUTHORIZATION)

3 (LIMITATION ON OBLIGATIONS)

4 (AIRPORT AND AIRWAY TRUST FUND)

5 For liquidation of obligations incurred for grants-in6 aid for airport planning and development, and noise com7 patibility planning and programs as authorized under sub8 chapter I of chapter 471 and subchapter I of chapter 475 

9 of title 49, United States Code, and under other law au10 thorizing such obligations; for procurement, installation, 

11 and commissioning of runway incursion prevention devices 

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

13 under section 41743 of title 49, United States Code; and 

14 for inspection activities and administration of airport safe15 ty programs, including those related to airport operating 

16 certificates under section 44706 of title 49, United States 

17 Code, $3,000,000,000 to be derived from the Airport and 

18 Airway Trust Fund and to remain available until ex19 pended: Provided, That none of the funds under this head20 ing shall be available for the planning or execution of pro21 grams the obligations for which are in excess of 

22 $3,515,000,000 in fiscal year 2010, notwithstanding sec23 tion 47117(g) of title 49, United States Code: Provided 

24 further, That none of the funds under this heading shall 

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1 tems, reconfiguration of terminal baggage areas, or other 

2 airport improvements that are necessary to install bulk ex3 plosive detection systems: Provided further, That notwith4 standing any other provision of law, of funds limited under 

5 this heading, not more than $93,422,000 shall be obli6 gated for administration, not less than $15,000,000 shall 

7 be available for the airport cooperative research program, 

8 not less than $22,472,000 shall be for Airport Technology 

9 Research. 

10 ADMINISTRATIVE PROVISIONS—FEDERAL AVIATION

11 ADMINISTRATION

12 SEC. 110. None of the funds in this Act may be used 

13 to compensate in excess of 600 technical staff-years under 

14 the federally funded research and development center con15 tract between the Federal Aviation Administration and the 

16 Center for Advanced Aviation Systems Development dur17 ing fiscal year 2010. 

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

19 to pursue or adopt guidelines or regulations requiring air20 port sponsors to provide to the Federal Aviation Adminis21 tration without cost building construction, maintenance, 

22 utilities and expenses, or space in airport sponsor-owned 

23 buildings for services relating to air traffic control, air 

24 navigation, or weather reporting: Provided, That the pro25 hibition of funds in this section does not apply to negotiaVerDate Nov 24 2008 02:06 Sep 19, 2009 Jkt 079200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6401 E:\BILLS\H3288.PP H3288

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1 tions between the agency and airport sponsors to achieve 

2 agreement on ‘‘below-market’’ rates for these items or to 

3 grant assurances that require airport sponsors to provide 

4 land without cost to the FAA for air traffic control facili5 ties. 

6 SEC. 112. The Administrator of the Federal Aviation 

7 Administration may reimburse amounts made available to 

8 satisfy 49 U.S.C. 41742(a)(1) from fees credited under 

9 49 U.S.C. 45303: Provided, That during fiscal year 2010, 

10 49 U.S.C. 41742(b) shall not apply, and any amount re11 maining in such account at the close of that fiscal year 

12 may be made available to satisfy section 41742(a)(1) for 

13 the subsequent fiscal year. 

14 SEC. 113. Amounts collected under section 40113(e) 

15 of title 49, United States Code, shall be credited to the 

16 appropriation current at the time of collection, to be 

17 merged with and available for the same purposes of such 

18 appropriation. 

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

20 States Code, is amended— 

21 (1) by striking ‘‘September 30, 2009,’’ and in22 serting ‘‘September 30, 2010,’’; and 

23 (2) by striking ‘‘December 31, 2009,’’ and in24 serting ‘‘December 31, 2010,’’. 


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

2 striking ‘‘December 31, 2009,’’ and inserting ‘‘December 

3 31, 2010,’’. 

4 SEC. 115. None of the funds appropriated or limited 

5 by this Act may be used to change weight restrictions or 

6 prior permission rules at Teterboro airport in Teterboro, 

7 New Jersey. 

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

9 grants under the Airport Improvement Program shall be 

10 made available to the sponsor of a commercial service air11 port if such sponsor fails to agree to a request from the 

12 Secretary of Transportation for cost-free space in a non13 revenue producing, public use area of the airport terminal 

14 or other airport facilities for the purpose of carrying out 

15 a public service air passenger rights and consumer out16 reach campaign. 

17 SEC. 117. None of the funds in this Act shall be avail18 able for paying premium pay under 5 U.S.C. 5546(a) to 

19 any Federal Aviation Administration employee unless such 

20 employee actually performed work during the time cor21 responding to such premium pay. 

22 SEC. 118. None of the funds in this Act may be obli23 gated or expended for an employee of the Federal Aviation 

24 Administration to purchase a store gift card or gift certifi25 cate through use of a Government-issued credit card. 


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1 FEDERAL HIGHWAY ADMINISTRATION

2 LIMITATION ON ADMINISTRATIVE EXPENSES

3 (INCLUDING TRANSFER OF FUNDS)

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

5 and reimbursements received by the Federal Highway Ad6 ministration, shall be paid in accordance with law from 

7 appropriations made available by this Act to the Federal 

8 Highway Administration for necessary expenses for ad9 ministration and operation. In addition, not to exceed 

10 $3,524,000 shall be paid from appropriations made avail11 able by this Act and transferred to the Department of 

12 Transportation’s Office of Inspector General for costs as13 sociated with audits and investigations of projects and 

14 programs of the Federal Highway Administration, and not 

15 to exceed $285,000 shall be paid from appropriations 

16 made available by this Act and provided to that office 

17 through reimbursement to conduct the annual audits of 

18 financial statements in accordance with section 3521 of 

19 title 31, United States Code. In addition, not to exceed 

20 $3,220,000 shall be paid from appropriations made avail21 able by this Act and transferred to the Appalachian Re22 gional Commission in accordance with section 104 of title 

23 23, United States Code. 


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1 FEDERAL-AID HIGHWAYS

2 (LIMITATION ON OBLIGATIONS)

3 (HIGHWAY TRUST FUND)

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

5 the implementation or execution of programs, the obliga6 tions for which are in excess of $41,107,000,000 for Fed7 eral-aid highways and highway safety construction pro8 grams for fiscal year 2010: Provided, That within the 

9 $41,107,000,000 obligation limitation on Federal-aid 

10 highways and highway safety construction programs, not 

11 more than $429,800,000 shall be available for the imple12 mentation or execution of programs for transportation re13 search (chapter 5 of title 23, United States Code; sections 

14 111, 5505, and 5506 of title 49, United States Code; and 

15 title 5 of Public Law 109–59) for fiscal year 2010: Pro16 vided further, That this limitation on transportation re17 search programs shall not apply to any authority pre18 viously made available for obligation: Provided further, 

19 That the Secretary may, as authorized by section 605(b) 

20 of title 23, United States Code, collect and spend fees to 

21 cover the costs of services of expert firms, including coun22 sel, in the field of municipal and project finance to assist 

23 in the underwriting and servicing of Federal credit instru24 ments and all or a portion of the costs to the Federal Gov25 ernment of servicing such credit instruments: Provided 


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1 further, That such fees are available until expended to pay 

2 for such costs: Provided further, That such amounts are 

3 in addition to administrative expenses that are also avail4 able for such purpose, and are not subject to any obliga5 tion limitation or the limitation on administrative expenses 

6 under section 608 of title 23, United States Code. 

7 (LIQUIDATION OF CONTRACT AUTHORIZATION)

8 (HIGHWAY TRUST FUND)

9 For carrying out the provisions of title 23, United 

10 States Code, that are attributable to Federal-aid high11 ways, not otherwise provided, including reimbursement for 

12 sums expended pursuant to the provisions of 23 U.S.C. 

13 308, $41,846,000,000 or so much thereof as may be avail14 able in and derived from the Highway Trust Fund (other 

15 than the Mass Transit Account), to remain available until 

16 expended. 

17 SURFACE TRANSPORTATION PRIORITIES

18 For the necessary expenses of certain highway and 

19 surface transportation projects, $125,700,000, to remain 

20 available until expended: Provided, That the amount pro21 vided under this heading shall be made available for the 

22 eligible programs, projects, and activities identified under 

23 this heading in the report accompanying this Act: Pro24 vided further, That a project is an eligible project under 

25 this heading if the project is eligible for assistance under 


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1 title 23 or chapter 53 of title 49, United States Code: Pro2 vided further, That funds provided under this heading 

3 shall be administered in the same manner as if such funds 

4 were apportioned under chapter 1 of title 23, United 

5 States Code, and the Federal share payable on account 

6 of any program, project, or activity carried out with funds 

7 made available under this heading shall be determined in 

8 accordance with section 120(b) of title 23, United States 

9 Code: Provided further, That notwithstanding any other 

10 provision of law and the preceding clauses of this provi11 sion, the Secretary of Transportation may use amounts 

12 made available under this heading to make grants for any 

13 surface transportation project otherwise eligible for fund14 ing under title 23 or title 49, United States Code. 

15 ADMINISTRATIVE PROVISIONS—FEDERAL HIGHWAY

16 ADMINISTRATION

17 SEC. 120. (a) For fiscal year 2010, the Secretary of 

18 Transportation shall— 

19 (1) not distribute from the obligation limitation 

20 for Federal-aid highways amounts authorized for ad21 ministrative expenses and programs by section 

22 104(a) of title 23, United States Code; programs 

23 funded from the administrative takedown authorized 

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

25 (as in effect on the day before the date of enactment 


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1 of the Safe, Accountable, Flexible, Efficient Trans2 portation Equity Act: A Legacy for Users); the high3 way use tax evasion program; and the Bureau of 

4 Transportation Statistics; 

5 (2) not distribute an amount from the obliga6 tion limitation for Federal-aid highways that is equal 

7 to the unobligated balance of amounts made avail8 able from the Highway Trust Fund (other than the 

9 Mass Transit Account) for Federal-aid highways and 

10 highway safety programs for previous fiscal years 

11 the funds for which are allocated by the Secretary; 

12 (3) determine the ratio that— 

13 (A) the obligation limitation for Federal14 aid highways, less the aggregate of amounts not 

15 distributed under paragraphs (1) and (2), bears 

16 to 

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

18 appropriated for Federal-aid highways and 

19 highway safety construction programs (other 

20 than sums authorized to be appropriated for 

21 provisions of law described in paragraphs (1) 

22 through (9) of subsection (b) and sums author23 ized to be appropriated for section 105 of title 

24 23, United States Code, equal to the amount 

25 referred to in subsection (b)(10) for such fiscal 


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1 year), less the aggregate of the amounts not 

2 distributed under paragraphs (1) and (2) of 

3 this subsection; 

4 (4)(A) distribute the obligation limitation for 

5 Federal-aid highways, less the aggregate amounts 

6 not distributed under paragraphs (1) and (2), for 

7 sections 1301, 1302, and 1934 of the Safe, Account8 able, Flexible, Efficient Transportation Equity Act: 

9 A Legacy for Users; sections 117 (but individually 

10 for each project numbered 1 through 3676 listed in 

11 the table contained in section 1702 of the Safe, Ac12 countable, Flexible, Efficient Transportation Equity 

13 Act: A Legacy for Users) and section 144(g) of title 

14 23, United States Code; and section 14501 of title 

15 40, United States Code, so that the amount of obli16 gation authority available for each of such sections 

17 is equal to the amount determined by multiplying 

18 the ratio determined under paragraph (3) by the 

19 sums authorized to be appropriated for that section 

20 for the fiscal year; and 

21 (B) distribute $2,000,000,000 for section 

22 105 of title 23, United States Code; 

23 (5) distribute the obligation limitation provided 

24 for Federal-aid highways, less the aggregate 

25 amounts not distributed under paragraphs (1) and 


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1 (2) and amounts distributed under paragraph (4), 

2 for each of the programs that are allocated by the 

3 Secretary under the Safe, Accountable, Flexible, Ef4 ficient Transportation Equity Act: A Legacy for 

5 Users and title 23, United States Code (other than 

6 to programs to which paragraphs (1) and (4) apply), 

7 by multiplying the ratio determined under paragraph 

8 (3) by the amounts authorized to be appropriated 

9 for each such program for such fiscal year; and 

10 (6) distribute the obligation limitation provided 

11 for Federal-aid highways, less the aggregate 

12 amounts not distributed under paragraphs (1) and 

13 (2) and amounts distributed under paragraphs (4) 

14 and (5), for Federal-aid highways and highway safe15 ty construction programs (other than the amounts 

16 apportioned for the equity bonus program, but only 

17 to the extent that the amounts apportioned for the 

18 equity bonus program for the fiscal year are greater 

19 than $2,639,000,000, and the Appalachian develop20 ment highway system program) that are apportioned 

21 by the Secretary under the Safe, Accountable, Flexi22 ble, Efficient Transportation Equity Act: A Legacy 

23 for Users and title 23, United States Code, in the 

24 ratio that— 


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1 (A) amounts authorized to be appropriated 

2 for such programs that are apportioned to each 

3 State for such fiscal year, bear to 

4 (B) the total of the amounts authorized to 

5 be appropriated for such programs that are ap6 portioned to all States for such fiscal year. 

7 (b) EXCEPTIONS FROM OBLIGATION LIMITATION.— 

8 The obligation limitation for Federal-aid highways shall 

9 not apply to obligations: (1) under section 125 of title 23, 

10 United States Code; (2) under section 147 of the Surface 

11 Transportation Assistance Act of 1978; (3) under section 

12 9 of the Federal-Aid Highway Act of 1981; (4) under sub13 sections (b) and (j) of section 131 of the Surface Trans14 portation Assistance Act of 1982; (5) under subsections 

15 (b) and (c) of section 149 of the Surface Transportation 

16 and Uniform Relocation Assistance Act of 1987; (6) under 

17 sections 1103 through 1108 of the Intermodal Surface 

18 Transportation Efficiency Act of 1991; (7) under section 

19 157 of title 23, United States Code, as in effect on the 

20 day before the date of the enactment of the Transpor21 tation Equity Act for the 21st Century; (8) under section 

22 105 of title 23, United States Code, as in effect for fiscal 

23 years 1998 through 2004, but only in an amount equal 

24 to $639,000,000 for each of those fiscal years; (9) for 

25 Federal-aid highway programs for which obligation auVerDate Nov 24 2008 02:06 Sep 19, 2009 Jkt 079200 PO 00000 Frm 00024 Fmt 6652 Sfmt 6401 E:\BILLS\H3288.PP H3288

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1 thority was made available under the Transportation Eq2 uity Act for the 21st Century or subsequent public laws 

3 for multiple years or to remain available until used, but 

4 only to the extent that the obligation authority has not 

5 lapsed or been used; (10) under section 105 of title 23, 

6 United States Code, but only in an amount equal to 

7 $639,000,000 for each of fiscal years 2005 through 2010; 

8 and (11) under section 1603 of the Safe, Accountable, 

9 Flexible, Efficient Transportation Equity Act: A Legacy 

10 for Users, to the extent that funds obligated in accordance 

11 with that section were not subject to a limitation on obli12 gations at the time at which the funds were initially made 

13 available for obligation. 

14 (c) REDISTRIBUTION OF UNUSED OBLIGATION AU15 THORITY.—Notwithstanding subsection (a), the Secretary 

16 shall, after August 1 of such fiscal year, revise a distribu17 tion of the obligation limitation made available under sub18 section (a) if the amount distributed cannot be obligated 

19 during that fiscal year and redistribute sufficient amounts 

20 to those States able to obligate amounts in addition to 

21 those previously distributed during that fiscal year, giving 

22 priority to those States having large unobligated balances 

23 of funds apportioned under sections 104 and 144 of title 

24 23, United States Code. 


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1 (d) APPLICABILITY OF OBLIGATION LIMITATIONS TO

2 TRANSPORTATION RESEARCH PROGRAMS.—The obliga3 tion limitation shall apply to transportation research pro4 grams carried out under chapter 5 of title 23, United 

5 States Code, and title V (research title) of the Safe, Ac6 countable, Flexible, Efficient Transportation Equity Act: 

7 A Legacy for Users, except that obligation authority made 

8 available for such programs under such limitation shall re9 main available for a period of 3 fiscal years and shall be 

10 in addition to the amount of any limitation imposed on 

11 obligations for Federal-aid highway and highway safety 

12 construction programs for future fiscal years. 

13 (e) REDISTRIBUTION OF CERTAIN AUTHORIZED

14 FUNDS.— 

15 (1) IN GENERAL.—Not later than 30 days after 

16 the date of the distribution of obligation limitation 

17 under subsection (a), the Secretary shall distribute 

18 to the States any funds that— 

19 (A) are authorized to be appropriated for 

20 such fiscal year for Federal-aid highways pro21 grams; and 

22 (B) the Secretary determines will not be 

23 allocated to the States, and will not be available 

24 for obligation, in such fiscal year due to the imVerDate Nov 24 2008 02:06 Sep 19, 2009 Jkt 079200 PO 00000 Frm 00026 Fmt 6652 Sfmt 6401 E:\BILLS\H3288.PP H3288

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1 position of any obligation limitation for such 

2 fiscal year. 

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

4 paragraph (1) in the same ratio as the distribution 

5 of obligation authority under subsection (a)(6). 

6 (3) AVAILABILITY.—Funds distributed under 

7 paragraph (1) shall be available for any purposes de8 scribed in section 133(b) of title 23, United States 

9 Code. 

10 (f) SPECIAL LIMITATION CHARACTERISTICS.—Obli11 gation limitation distributed for a fiscal year under sub12 section (a)(4) for the provision specified in subsection 

13 (a)(4) shall— 

14 (1) remain available until used for obligation of 

15 funds for that provision; and 

16 (2) be in addition to the amount of any limita17 tion imposed on obligations for Federal-aid highway 

18 and highway safety construction programs for future 

19 fiscal years. 

20 (g) HIGH PRIORITY PROJECT FLEXIBILITY.— 

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

22 obligation authority distributed for such fiscal year 

23 under subsection (a)(4) for each project numbered 1 

24 through 3676 listed in the table contained in section 

25 1702 of the Safe, Accountable, Flexible, Efficient 


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1 Transportation Equity Act: A Legacy for Users may 

2 be obligated for any other project in such section in 

3 the same State. 

4 (2) RESTORATION.—Obligation authority used 

5 as described in paragraph (1) shall be restored to 

6 the original purpose on the date on which obligation 

7 authority is distributed under this section for the 

8 next fiscal year following obligation under paragraph 

9 (1). 

10 (h) LIMITATION ON STATUTORY CONSTRUCTION.— 

11 Nothing in this section shall be construed to limit the dis12 tribution of obligation authority under subsection 

13 (a)(4)(A) for each of the individual projects numbered 

14 greater than 3676 listed in the table contained in section 

15 1702 of the Safe, Accountable, Flexible, Efficient Trans16 portation Equity Act: A Legacy for Users. 

17 SEC. 121. Notwithstanding 31 U.S.C. 3302, funds re18 ceived by the Bureau of Transportation Statistics from the 

19 sale of data products, for necessary expenses incurred pur20 suant to 49 U.S.C. 111 may be credited to the Federal21 aid highways account for the purpose of reimbursing the 

22 Bureau for such expenses: Provided, That such funds shall 

23 be subject to the obligation limitation for Federal-aid 

24 highways and highway safety construction. 


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1 SEC. 122. (a) IN GENERAL.—Except as provided in 

2 subsection (b), none of the funds made available, limited, 

3 or otherwise affected by this Act shall be used to approve 

4 or otherwise authorize the imposition of any toll on any 

5 segment of highway located on the Federal-aid system in 

6 the State of Texas that— 

7 (1) as of the date of enactment of this Act, is 

8 not tolled; 

9 (2) is constructed with Federal assistance pro10 vided under title 23, United States Code; and 

11 (3) is in actual operation as of the date of en12 actment of this Act. 

13 (b) EXCEPTIONS.— 

14 (1) NUMBER OF TOLL LANES.—Subsection (a) 

15 shall not apply to any segment of highway on the 

16 Federal-aid system described in that subsection that, 

17 as of the date on which a toll is imposed on the seg18 ment, will have the same number of non-toll lanes as 

19 were in existence prior to that date. 

20 (2) HIGH-OCCUPANCY VEHICLE LANES.—A 

21 high-occupancy vehicle lane that is converted to a 

22 toll lane shall not be subject to this section, and 

23 shall not be considered to be a non-toll lane for pur24 poses of determining whether a highway will have 


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1 fewer non-toll lanes than prior to the date of imposi2 tion of the toll, if— 

3 (A) high-occupancy vehicles occupied by 

4 the number of passengers specified by the enti5 ty operating the toll lane may use the toll lane 

6 without paying a toll, unless otherwise specified 

7 by the appropriate county, town, municipal or 

8 other local government entity, or public toll 

9 road or transit authority; or 

10 (B) each high-occupancy vehicle lane that 

11 was converted to a toll lane was constructed as 

12 a temporary lane to be replaced by a toll lane 

13 under a plan approved by the appropriate coun14 ty, town, municipal or other local government 

15 entity, or public toll road or transit authority. 

16 SEC. 123. (a) In the explanatory statement ref17 erenced in section 129 of division K of Public Law 110– 

18 161 (121 Stat. 2388), the item relating to ‘‘Route 5 Over19 pass and River Center, St. Mary’s County, MD’’ in the 

20 table of projects for such section 129 is deemed to be 

21 amended by striking ‘‘ ‘Route 5 Overpass and River Cen22 ter, St. Mary’s County, MD’’ and inserting ‘‘Safety Im23 provements and Traffic Calming Measures along Route 5 

24 at St. Mary’s County, MD’’. 


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1 (b) In the explanatory statement referenced in section 

2 186 of title I of division I of Public Law 111–8 (123 Stat. 

3 947), the item relating to ‘‘US 422 River Crossing Com4 plex Project, King of Prussia, PA’’ in the table of projects 

5 under the heading ‘‘Transportation, Community, and Sys6 tem Preservation Program’’ is deemed to be amended by 

7 striking ‘‘US 422 River Crossing Complex Project, King 

8 of Prussia, PA’’ and inserting ‘‘For closed loop signal con9 trol system and other improvements for Trooper Road in 

10 Lower Providence and West Norriton Townships, Mont11 gomery County, PA’’. 

12 (c) In the explanatory statement referenced in section 

13 186 of title I of division I of Public Law 111–8 (123 Stat. 

14 947), the item relating to ‘‘Improving the West Bank 

15 River Front, IL’’ in the table of projects under the head16 ing ‘‘Transportation, Community, and System Preserva17 tion Program’’ is deemed to be amended by striking ‘‘Im18 proving the West Bank River Front, IL’’ and inserting 

19 ‘‘East Bank River Front and Bikeway Improvements, 

20 IL’’. 

21 (d) In the explanatory statement referenced in section 

22 186 of title I of division K of Public Law 110–161 (121 

23 Stat. 2406), as amended by section 129(d) of division I 

24 of Public Law 111–8 (123 Stat. 947), the item relating 

25 to ‘‘Repair of Side Streets and Relocation of Water Mains 


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1 resulting from rerouting of traffic and reconstruction of 

2 159th Street in Harvey, IL’’ in the table of projects under 

3 the heading ‘‘Transportation, Community, and System 

4 Preservation Program’’ is deemed to be amended by strik5 ing ‘‘Repair of Side Streets and Relocation of Water 

6 Mains resulting from rerouting of traffic and reconstruc7 tion of 159th Street in Harvey, IL’’ and inserting ‘‘Inter8 section Improvements on Crawford Avenue and 203rd 

9 Street in the Village of Olympia Fields, IL’’. 

10 (e) In the explanatory statement referenced in section 

11 129 of division K of Public Law 110–161 (121 Stat. 

12 2388), the item relating to ‘‘Study Improvements to 109th 

13 Avenue, Winfield, IN’’ in the table of projects for such 

14 section 129 is deemed to be amended by striking ‘‘Win15 field, IN’’ and inserting ‘‘Town of Winfield, City of Crown 

16 Point, Lake County, IN’’. 

17 (f) In the explanatory statement referenced in section 

18 186 of title I of division I of Public Law 111–8 (123 Stat. 

19 947), the item relating to ‘‘Ronald Reagan Parkway (Mid20 dle and Southern segments), Boone County, IN’’ in the 

21 table of projects under the heading ‘‘Transportation, Com22 munity, and System Preservation Program’’ is deemed to 

23 be amended by striking ‘‘Boone County’’ and inserting 

24 ‘‘Hendricks County’’. 


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1 (g) In the explanatory statement referenced in section 

2 186 of title I of division I of Public Law 111–8 (123 Stat. 

3 947), the item relating to ‘‘Onville Road Intersection and 

4 Road-Widening Project, Prince William County, VA’’ in 

5 the table of projects under the heading ‘‘Federal Lands’’ 

6 is deemed to be amended by striking ‘‘Prince William’’ and 

7 inserting ‘‘Stafford’’. 

8 (h) In the explanatory statement referenced in section 

9 186 of title I of division I of Public Law 111–8 (123 Stat. 

10 947), the item relating to ‘‘U.S. 59/Alabama Grade Sepa11 ration Project, St. Joseph, MO’’ in the table of projects 

12 under the heading ‘‘Interstate Maintenance Discre13 tionary’’ is deemed to be amended by striking ‘‘U.S. 59/ 

14 Alabama Grade Separation Project, St. Joseph, MO’’ and 

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

16 MO’’. 

17 (i) In the explanatory statement referenced in section 

18 186 of title I of division I of Public Law 111–8 (123 Stat. 

19 947), the item relating to ‘‘Decking and Sidewalk Replace20 ment on the Central Avenue Overpass, South Charleston, 

21 WV’’ in the table of projects under the heading ‘‘Interstate 

22 Maintenance Discretionary’’ is deemed to be amended by 

23 striking ‘‘Decking and Sidewalk Replacement on the Cen24 tral Avenue Overpass, South Charleston, WV’’ and insert25 ing ‘‘General Interstate Maintenance, WV’’. 


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1 (j) In the explanatory statement referenced in section 

2 125 of title I of division I of Public Law 111–8 (123 Stat. 

3 928), the item relating to ‘‘Wapsi Great Western Line 

4 Trail, Mitchell County, IA’’ is deemed to be amended by 

5 striking ‘‘Mitchell County’’ and inserting ‘‘Mitchell and 

6 Howard Counties’’. 

7 (k) In the explanatory statement referenced in section 

8 125 of title I of division I of Public Law 111–8 (123 Stat. 

9 928), the item relating to ‘‘Highway 169 Corridor Project 

10 Environmental Assessment, Preliminary Engineering and 

11 Planning, Humboldt, IA’’ is deemed to be amended by 

12 striking ‘‘Corridor Project Environmental Assessment, 

13 Preliminary Engineering and Planning, Humboldt, IA’’ 

14 and inserting ‘‘Construction, Humboldt and Webster 

15 Counties, IA’’. 

16 (l) In the explanatory statement referenced in section 

17 125 of title I of division I of Public Law 111–8 (123 Stat. 

18 928), the item relating to ‘‘Highway 53 Interchanges, WI’’ 

19 is deemed to be amended by striking ‘‘Interchanges’’ and 

20 inserting ‘‘Intersections’’. 


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1 FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION

2 MOTOR CARRIER SAFETY OPERATIONS AND PROGRAMS

3 (LIQUIDATION OF CONTRACT AUTHORIZATION)

4 (LIMITATION ON OBLIGATIONS)

5 (HIGHWAY TRUST FUND)

6 For payment of obligations incurred in the implemen7 tation, execution and administration of motor carrier safe8 ty operations and programs pursuant to section 31104(i) 

9 of title 49, United States Code, and sections 4127 and 

10 4134 of Public Law 109–59, $239,828,000, to be derived 

11 from the Highway Trust Fund (other than the Mass Tran12 sit Account), together with advances and reimbursements 

13 received by the Federal Motor Carrier Safety Administra14 tion: Provided, That none of the funds derived from the 

15 Highway Trust Fund in this Act shall be available for the 

16 implementation, execution or administration of programs, 

17 the obligations for which are in excess of $239,828,000, 

18 for ‘‘Motor Carrier Safety Operations and Programs’’, of 

19 which $8,500,000, is for the research and technology pro20 gram to remain available for obligation until September 

21 30, 2011, and $1,000,000 shall be available for commer22 cial motor vehicle operator’s grants to carry out section 

23 4134 of Public Law 109–59: Provided further, That not24 withstanding any other provision of law, none of the funds 

25 under this heading for outreach and education shall be 


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1 available for transfer: Provided further, That the Federal 

2 Motor Carrier Safety Administration shall transmit to 

3 Congress a report on March 30, 2010, and September 30, 

4 2010, on the agency’s ability to meet its requirement to 

5 conduct compliance reviews on high-risk carriers. 

6 MOTOR CARRIER SAFETY GRANTS

7 (LIQUIDATION OF CONTRACT AUTHORIZATION)

8 (LIMITATION ON OBLIGATIONS)

9 (HIGHWAY TRUST FUND)

10 For payment of obligations incurred in carrying out 

11 sections 31102, 31104(a), 31106, 31107, 31109, 31309, 

12 31313 of title 49, United States Code, and sections 4126 

13 and 4128 of Public Law 109–59, $310,070,000, to be de14 rived from the Highway Trust Fund (other than the Mass 

15 Transit Account): Provided, That none of the funds in this 

16 Act shall be available for the implementation or execution 

17 of programs, the obligations for which are in excess of 

18 $310,070,000, for ‘‘Motor Carrier Safety Grants’’; of 

19 which $212,070,000 shall be available for the motor car20 rier safety assistance program to carry out sections 31102 

21 and 31104(a) of title 49, United States Code; 

22 $25,000,000, shall be available for the commercial driver’s 

23 license improvements program to carry out section 31313 

24 of title 49, United States Code; $32,000,000, shall be 

25 available for the border enforcement grants program to 


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

2 $5,000,000, shall be available for the performance and 

3 registration information system management program to 

4 carry out sections 31106(b) and 31109 of title 49, United 

5 States Code; $25,000,000, shall be available for the com6 mercial vehicle information systems and networks deploy7 ment program to carry out section 4126 of Public Law 

8 109–59; $3,000,000, shall be available for the safety data 

9 improvement program to carry out section 4128 of Public 

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

11 commercial driver’s license information system moderniza12 tion program to carry out section 31309(e) of title 49, 

13 United States Code: Provided further, That of the funds 

14 made available for the motor carrier safety assistance pro15 gram, $29,000,000, shall be available for audits of new 

16 entrant motor carriers. 

17 ADMINISTRATIVE PROVISIONS—FEDERAL MOTOR

18 CARRIER SAFETY ADMINISTRATION

19 SEC. 135. Funds appropriated or limited in this Act 

20 shall be subject to the terms and conditions stipulated in 

21 section 350 of Public Law 107–87 and section 6901 of 

22 Public Law 110–28, including that the Secretary submit 

23 a report to the House and Senate Appropriations Commit24 tees annually on the safety and security of transportation 

25 into the United States by Mexico-domiciled motor carriers. 


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1 NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION

2 OPERATIONS AND RESEARCH

3 For expenses necessary to discharge the functions of 

4 the Secretary, with respect to traffic and highway safety 

5 under subtitle C of title X of Public Law 109–59 and 

6 chapter 301 and part C of subtitle VI of title 49, United 

7 States Code, $131,736,000 (increased by $250,000), of 

8 which $32,045,000 shall remain available until September 

9 30, 2011: Provided, That none of the funds appropriated 

10 by this Act may be obligated or expended to plan, finalize, 

11 or implement any rulemaking to add to section 575.104 

12 of title 49 of the Code of Federal Regulations any require13 ment pertaining to a grading standard that is different 

14 from the three grading standards (treadwear, traction, 

15 and temperature resistance) already in effect. 

16 OPERATIONS AND RESEARCH

17 (LIQUIDATION OF CONTRACT AUTHORIZATION)

18 (LIMITATION ON OBLIGATIONS)

19 (HIGHWAY TRUST FUND)

20 For payment of obligations incurred in carrying out 

21 the provisions of 23 U.S.C. 403, $108,642,000 to be de22 rived from the Highway Trust Fund (other than the Mass 

23 Transit Account) and to remain available until expended: 

24 Provided, That none of the funds in this Act shall be avail25 able for the planning or execution of programs the total 


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1 obligations for which, in fiscal year 2010, are in excess 

2 of $108,642,000 for programs authorized under 23 U.S.C. 

3 403: Provided further, That within the $108,642,000 obli4 gation limitation for operations and research, $26,908,000 

5 shall remain available until September 30, 2011, and shall 

6 be in addition to the amount of any limitation imposed 

7 on obligations for future years. 

8 NATIONAL DRIVER REGISTER

9 (LIQUIDATION OF CONTRACT AUTHORIZATION)

10 (LIMITATION ON OBLIGATIONS)

11 (HIGHWAY TRUST FUND)

12 For payment of obligations incurred in carrying out 

13 chapter 303 of title 49, United States Code, $4,000,000, 

14 to be derived from the Highway Trust Fund (other than 

15 the Mass Transit Account) and to remain available until 

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

17 shall be available for the implementation or execution of 

18 programs the total obligations for which, in fiscal year 

19 2010, are in excess of $4,000,000 for the National Driver 

20 Register authorized under such chapter. 

21 NATIONAL DRIVER REGISTER

22 For an additional amount for the ‘‘National Driver 

23 Register’’ as authorized by chapter 303 of title 49, United 

24 States Code, $3,350,000, to remain available through Sep25 tember 30, 2011: Provided, That the funding made availVerDate Nov 24 2008 02:06 Sep 19, 2009 Jkt 079200 PO 00000 Frm 00039 Fmt 6652 Sfmt 6401 E:\BILLS\H3288.PP H3288

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1 able under this heading shall be used to carry out the mod2 ernization of the National Driver Register. 

3 HIGHWAY TRAFFIC SAFETY GRANTS

4 (LIQUIDATION OF CONTRACT AUTHORIZATION)

5 (LIMITATION ON OBLIGATIONS)

6 (HIGHWAY TRUST FUND)

7 For payment of obligations incurred in carrying out 

8 the provisions of 23 U.S.C. 402, 405, 406, 408, and 410 

9 and sections 2001(a)(11), 2009, 2010, and 2011 of Public 

10 Law 109–59, to remain available until expended, 

11 $619,500,000 to be derived from the Highway Trust Fund 

12 (other than the Mass Transit Account): Provided, That 

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

14 planning or execution of programs the total obligations for 

15 which, in fiscal year 2010, are in excess of $619,500,000 

16 for programs authorized under 23 U.S.C. 402, 405, 406, 

17 408, and 410 and sections 2001(a)(11), 2009, 2010, and 

18 2011 of Public Law 109–59, of which $235,000,000 shall 

19 be for ‘‘Highway Safety Programs’’ under 23 U.S.C. 402; 

20 $25,000,000 shall be for ‘‘Occupant Protection Incentive 

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

22 ‘‘Safety Belt Performance Grants’’ under 23 U.S.C. 406, 

23 and such obligation limitation shall remain available until 

24 September 30, 2011, in accordance with subsection (f) of 

25 such section 406 and shall be in addition to the amount 


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1 of any limitation imposed on obligations for such grants 

2 for future fiscal years; $34,500,000 shall be for ‘‘State 

3 Traffic Safety Information System Improvements’’ under 

4 23 U.S.C. 408; $139,000,000 shall be for ‘‘Alcohol-Im5 paired Driving Countermeasures Incentive Grant Pro6 gram’’ under 23 U.S.C. 410; $18,500,000 shall be for 

7 ‘‘Administrative Expenses’’ under section 2001(a)(11) of 

8 Public Law 109–59; $29,000,000 shall be for ‘‘High Visi9 bility Enforcement Program’’ under section 2009 of Pub10 lic Law 109–59; $7,000,000 shall be for ‘‘Motorcyclist 

11 Safety’’ under section 2010 of Public Law 109–59; and 

12 $7,000,000 shall be for ‘‘Child Safety and Child Booster 

13 Seat Safety Incentive Grants’’ under section 2011 of Pub14 lic Law 109–59: Provided further, That none of these 

15 funds shall be used for construction, rehabilitation, or re16 modeling costs, or for office furnishings and fixtures for 

17 State, local or private buildings or structures: Provided 

18 further, That not to exceed $500,000 of the funds made 

19 available for section 410 ‘‘Alcohol-Impaired Driving Coun20 termeasures Grants’’ shall be available for technical assist21 ance to the States: Provided further, That not to exceed 

22 $750,000 of the funds made available for the ‘‘High Visi23 bility Enforcement Program’’ shall be available for the 

24 evaluation required under section 2009(f) of Public Law 

25 109–59. 


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1 ADMINISTRATIVE PROVISIONS—NATIONAL HIGHWAY

2 TRAFFIC SAFETY ADMINISTRATION

3 SEC. 140. Notwithstanding any other provision of law 

4 or limitation on the use of funds made available under 

5 section 403 of title 23, United States Code, an additional 

6 $130,000 shall be made available to the National Highway 

7 Traffic Safety Administration, out of the amount limited 

8 for section 402 of title 23, United States Code, to pay 

9 for travel and related expenses for State management re10 views and to pay for core competency development train11 ing and related expenses for highway safety staff. 

12 SEC. 141. The limitations on obligations for the pro13 grams of the National Highway Traffic Safety Adminis14 tration set in this Act shall not apply to obligations for 

15 which obligation authority was made available in previous 

16 public laws for multiple years but only to the extent that 

17 the obligation authority has not lapsed or been used. 

18 FEDERAL RAILROAD ADMINISTRATION

19 SAFETY AND OPERATIONS

20 For necessary expenses of the Federal Railroad Ad21 ministration, not otherwise provided for, $172,533,000, of 

22 which $15,300,000 shall remain available until September 

23 30, 2011. 


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1 RAILROAD RESEARCH AND DEVELOPMENT

2 For necessary expenses for railroad research and de3 velopment, $34,145,000 (increased by $3,000,000), to re4 main available until expended. 

5 RAILROAD REHABILITATION AND IMPROVEMENT

6 FINANCING PROGRAM

7 The Secretary of Transportation is authorized to 

8 issue to the Secretary of the Treasury notes or other obli9 gations pursuant to section 512 of the Railroad Revitaliza10 tion and Regulatory Reform Act of 1976 (Public Law 94– 

11 210), in such amounts and at such times as may be nec12 essary to pay any amounts required pursuant to the guar13 antee of the principal amount of obligations under sections 

14 511 through 513 of such Act, such authority to exist as 

15 long as any such guaranteed obligation is outstanding: 

16 Provided, That pursuant to section 502 of such Act, no 

17 new direct loans or loan guarantee commitments shall be 

18 made using Federal funds for the credit risk premium dur19 ing fiscal year 2010. 

20 RAIL LINE RELOCATION AND IMPROVEMENT PROGRAM

21 For necessary expenses of carrying out section 20154 

22 of title 49, United States Code, $40,000,000, to remain 

23 available until expended. 


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1 CAPITAL ASSISTANCE FOR HIGH SPEED RAIL CORRIDORS

2 AND INTERCITY PASSENGER RAIL SERVICE

3 To enable the Secretary of Transportation to make 

4 passenger rail grants for capital projects as authorized 

5 under sections 26106 and 24406 of title 49, United States 

6 Code; the acquisition of new rolling stock; and to enter 

7 into cooperative agreements for these purposes, 

8 $4,000,000,000, to remain available until September 30, 

9 2015: Provided, That $50,000,000 of funds provided 

10 under this paragraph are available to the Administrator 

11 of the Federal Railroad Administration to fund the award 

12 and oversight of financial assistance made under this 

13 paragraph: Provided further, That up to $30,000,000 of 

14 the funds provided under this paragraph are available to 

15 the Administrator for the purposes of conducting research 

16 and demonstrating technologies supporting the develop17 ment of passenger rail service that is expected to maintain 

18 an average speed of 110 miles per hour or is reasonably 

19 expected to reach speeds of at least 150 miles per hour, 

20 including the implementation of the Rail Cooperative Re21 search Program authorized by section 24910 of title 49, 

22 United States Code: Provided further, That up to 

23 $50,000,000 of the funds provided under this paragraph 

24 may be used for planning activities that lead directly to 

25 the development of a passenger rail corridor investment 


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1 plan consistent with the requirements established by the 

2 Administrator or a state rail plan consistent with chapter 

3 227 of title 49, United States Code: Provided further, That 

4 the Secretary shall issue regulations covering application 

5 procedures and grant criteria for the passenger rail grants 

6 provided under this paragraph: Provided further, That the 

7 Federal share payable of the costs for which financial as8 sistance is made under this paragraph shall not exceed 

9 80 percent: Provided further, That in addition to the provi10 sions of title 49, United States Code, that apply to the 

11 passenger rail programs funded under this paragraph, sec12 tions 24402(a)(2), 24402(f), 24402(i), and 24403(a) and 

13 (c) of title 49, United States Code, shall also apply to the 

14 provision of funds provided under this paragraph: Pro15 vided further, That a project need not be in a state rail 

16 plan developed under chapter 227 of title 49, United 

17 States Code, to be eligible for assistance under this head18 ing: Provided further, That up to $5,000,000 of the funds 

19 provided under this paragraph are available to the Admin20 istrator for the purposes of implementing section 24316 

21 of title 49, United States Code: Provided further, That if 

22 legislation authorizing a national infrastructure bank is 

23 enacted prior to September 30, 2010, beginning on Octo24 ber 1, 2010, the Secretary of Transportation may use up 

25 to $2,000,000,000, of the amount appropriated in this 


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1 paragraph to carry out such legislation including by trans2 ferring funds to the appropriate Federal agency to carry 

3 out the national infrastructure bank: Provided further, 

4 That if legislation enacting a national infrastructure bank 

5 is not enacted by September 30, 2010, the Secretary may 

6 use an additional $20,000,000 of the funds available 

7 under this paragraph for the award and oversight of finan8 cial assistance made under this paragraph; Provided fur9 ther, That recipients of grants under this paragraph shall 

10 conduct all procurement transactions using such grant 

11 funds in a manner that provides full and open competition, 

12 as determined by the Secretary, in compliance with exist13 ing labor agreements. 

14 OPERATING GRANTS TO THE NATIONAL RAILROAD

15 PASSENGER CORPORATION

16 To enable the Secretary of Transportation to make 

17 quarterly grants to the National Railroad Passenger Cor18 poration for the operation of intercity passenger rail, as 

19 authorized by section 101(a) of the Passenger Rail Invest20 ment and Improvement Act of 2008 (division B of Public 

21 Law 110–432), $553,348,000, to remain available until 

22 September 30, 2010: Provided, That the amounts avail23 able under this heading shall be available for the Secretary 

24 to approve funding to cover operating losses for the Cor25 poration only after receiving and reviewing a grant request 


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

2 such grant request shall be accompanied by a detailed fi3 nancial analysis, revenue projection, and capital expendi4 ture projection justifying the Federal support to the Sec5 retary’s satisfaction: Provided further, That the Secretary 

6 may retain up to one-half of one percent of the funds pro7 vided under this heading to implement the Operating 

8 Grants to the National Railroad Passenger Corporation 

9 in fiscal year 2010: Provided further, That the Corporation 

10 is directed to achieve savings through operating effi11 ciencies including, but not limited to, modifications to food 

12 and beverage service and first class service: Provided fur13 ther, That the Inspector General of the Department of 

14 Transportation shall report to the House and Senate Com15 mittees on Appropriations beginning 3 months after the 

16 date of the enactment of this Act and quarterly thereafter 

17 with estimates of the savings accrued as a result of all 

18 operational reforms instituted by the Corporation: Pro19 vided further, That the Inspector General of the Depart20 ment of Transportation shall provide a report recom21 mending to the House and Senate Committees on Appro22 priations 180 days after the date of the enactment of this 

23 Act on possible operational reforms that could be insti24 tuted by the Corporation: Provided further, That not later 

25 than 120 days after enactment of this Act, the CorporaVerDate Nov 24 2008 02:06 Sep 19, 2009 Jkt 079200 PO 00000 Frm 00047 Fmt 6652 Sfmt 6401 E:\BILLS\H3288.PP H3288

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1 tion shall transmit to the House and Senate Committees 

2 on Appropriations its Fiscal Year 2011 plan to improve 

3 the financial performance of food and beverage service and 

4 its plan to improve the financial performance of first class 

5 service (including sleeping car service): Provided further, 

6 That the Corporation shall report quarterly to the House 

7 and Senate Committees on Appropriations on its progress 

8 against the milestones and target dates contained in its 

9 financial performance improvement plan provided in fiscal 

10 year 2009 and quantify savings realized to date on a 

11 monthly basis compared to those projected in the plan, 

12 identify any changes in the plan or delays in implementing 

13 these plans, and identify the causes of delay and proposed 

14 corrective measures: Provided further, That the National 

15 Railroad Passenger Corporation shall submit, in electronic 

16 format, to the House and Senate Committees on Appro17 priations, a budget, business plan and a 5-Year Financial 

18 Plan beginning with fiscal year 2010, consistent with the 

19 provisions of section 204 of the Passenger Rail Investment 

20 and Improvement Act of 2008 (division B of Public Law 

21 110–432): Provided further, That the budget, business 

22 plan and the 5-Year Financial Plan shall also include a 

23 separate accounting of targets for the Northeast Corridor; 

24 commuter service; long distance Amtrak service; state-sup25 ported service; each intercity train route, including AutoVerDate Nov 24 2008 02:06 Sep 19, 2009 Jkt 079200 PO 00000 Frm 00048 Fmt 6652 Sfmt 6401 E:\BILLS\H3288.PP H3288

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1 train; and commercial activities including contract oper2 ations: Provided further, That, these plans shall be accom3 panied by a comprehensive fleet plan for all Amtrak rolling 

4 stock which shall address the Corporation’s detailed plans 

5 and timeframes for the maintenance, refurbishment, re6 placement, and expansion of the Amtrak fleet: Provided 

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

8 goals and milestones and discuss potential, current, and 

9 preferred financing options for all such activities: Provided 

10 further, That the budget, business plan and the 5-Year 

11 Financial Plan shall include a description of work to be 

12 funded, along with cost estimates and an estimated time13 table for completion of the projects covered by these plans: 

14 Provided further, That the Corporation shall provide 

15 monthly reports in electronic format regarding the budget, 

16 business plan, and 5-Year Financial Plan, which shall de17 scribe the work completed to date, any changes to any 

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

19 all sole source contract awards which shall be accompanied 

20 by a justification as to why said contract was awarded on 

21 a sole source basis: Provided further, That the Corpora22 tion’s budget, business plan, 5-Year Financial Plan, and 

23 all subsequent supplemental plans shall be displayed on 

24 the Corporation’s website within a reasonable timeframe 

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1 vided further, That none of the funds under this heading 

2 may be obligated or expended until the Corporation agrees 

3 to continue abiding by the provisions of paragraphs 1, 2, 

4 5, 9, and 11 of the summary of conditions for the direct 

5 loan agreement of June 28, 2002, in the same manner 

6 as in effect on the date of enactment of this Act. 

7 NATIONAL RAILROAD PASSENGER CORPORATION OFFICE

8 OF THE INSPECTOR GENERAL

9 To enable the Secretary of Transportation to make 

10 a grant to the National Railroad Passenger Corporation 

11 Office of the Inspector General for auditing the operations 

12 and capital expenditures of the National Railroad Pas13 senger Corporation, as authorized by section 101(b) of the 

14 Passenger Rail Investment and Improvement Act of 2008 

15 (division B of Public Law 110–432), $19,000,000. 

16 CAPITAL AND DEBT SERVICE GRANTS TO THE NATIONAL

17 RAILROAD PASSENGER CORPORATION

18 To enable the Secretary of Transportation to make 

19 quarterly grants to the National Railroad Passenger Cor20 poration for capital grants supporting intercity passenger 

21 services as authorized by section 101(c) of the Passenger 

22 Rail Investment and Improvement Act of 2008 (division 

23 B of Public Law 110–432), $929,625,000, to remain 

24 available until September 30, 2010, of which not to exceed 

25 $264,000,000 shall be for debt service obligations as auVerDate Nov 24 2008 02:06 Sep 19, 2009 Jkt 079200 PO 00000 Frm 00050 Fmt 6652 Sfmt 6401 E:\BILLS\H3288.PP H3288

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1 thorized by section 102 of that Act: Provided, That in ad2 dition to the project management oversight funds author3 ized under section 101(d) of that Act, the Secretary may 

4 retain up to an additional one-half of one percent of the 

5 funds provided under this heading to fund expenses associ6 ated with implementing sections 208 and 212 of that Act, 

7 including the amendments made by section 212 to section 

8 24905 of title 49, United States Code: Provided further, 

9 That the Secretary shall approve funding for capital ex10 penditures, including advance purchase orders of mate11 rials, for the Corporation only after receiving and review12 ing a grant request for each specific capital project justi13 fying the Federal support to the Secretary’s satisfaction: 

14 Provided further, That none of the funds under this head15 ing may be used to subsidize operating losses of the Cor16 poration: Provided further, That none of the funds under 

17 this heading may be used for capital projects not approved 

18 by the Secretary of Transportation or on the Corporation’s 

19 fiscal year 2010 business plan. 

20 ADMINISTRATIVE PROVISIONS—FEDERAL RAILROAD

21 ADMINISTRATION

22 SEC. 151. The Secretary may purchase promotional 

23 items of nominal value for use in public outreach activities 

24 to accomplish the purposes of 49 U.S.C. 20134: Provided, 


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1 That the Secretary shall prescribe guidelines for the ad2 ministration of such purchases and use. 

3 SEC. 152. Hereafter, notwithstanding any other pro4 vision of law, funds provided in this Act for the National 

5 Railroad Passenger Corporation shall immediately cease 

6 to be available to said Corporation in the event that the 

7 Corporation contracts to have services provided at or from 

8 any location outside the United States. For purposes of 

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

10 that was, as of July 1, 2006, performed by a full-time 

11 or part-time Amtrak employee whose base of employment 

12 is located within the United States. 

13 SEC. 153. The Secretary of Transportation may re14 ceive and expend cash, or receive and utilize spare parts 

15 and similar items, from non-United States Government 

16 sources to repair damages to or replace United States 

17 Government owned automated track inspection cars and 

18 equipment as a result of third party liability for such dam19 ages, and any amounts collected under this section shall 

20 be credited directly to the Safety and Operations account 

21 of the Federal Railroad Administration, and shall remain 

22 available until expended for the repair, operation and 

23 maintenance of automated track inspection cars and 

24 equipment in connection with the automated track inspec25 tion program. 


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1 SEC. 154. The Administrator of the Federal Railroad 

2 Administration shall submit a report on April 1, 2010, and 

3 quarterly reports thereafter, to the House and Senate 

4 Committees on Appropriations detailing the Administra5 tor’s efforts at improving the on-time performance of Am6 trak intercity rail service operating on non-Amtrak owned 

7 property. Such reports shall compare the most recent ac8 tual on-time performance data to pre-established on-time 

9 performance goals that the Administrator shall set for 

10 each rail service, identified by route. Such reports shall 

11 also include whatever other information and data regard12 ing the on-time performance of Amtrak trains the Admin13 istrator deems to be appropriate. 

14 SEC. 155. In the Explanatory Statement referenced 

15 in division I of Public Law 111–8 under the heading Rail16 road Research and Development the item relating to ‘‘San 

17 Gabriel trench grade separation project, Alameda Cor18 ridor, CA’’ is deemed to be amended by inserting ‘‘Ala19 meda Corridor East Construction Authority Grade Sepa20 rations, CA.’’. 

21 SEC. 156. In the Explanatory Statement referenced 

22 in division K of Public Law 110–161 under the heading 

23 Rail Line Relocation and Improvement Program the item 

24 relating to ‘‘Mt. Vernon railroad cut, NY’’ is deemed to 


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1 be amended by inserting ‘‘Rail Line and Station Improve2 ment and Rehabilitation, Mount Vernon, NY.’’. 

3 FEDERAL TRANSIT ADMINISTRATION

4 ADMINISTRATIVE EXPENSES

5 For necessary administrative expenses of the Federal 

6 Transit Administration’s programs authorized by chapter 

7 53 of title 49, United States Code, $97,478,000: Provided, 

8 That of the funds available under this heading, not to ex9 ceed $1,809,000 shall be available for travel: Provided fur10 ther, That none of the funds provided or limited in this 

11 Act may be used to create a permanent office of transit 

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

13 amounts made available under this heading not to exceed 

14 $75,000 shall be paid from appropriations made available 

15 by this Act and provided to the Department of Transpor16 tation Office of Inspector General through reimbursement 

17 to conduct the annual audits of financial statements in 

18 accordance with section 3521 of title 31, United States 

19 Code: Provided further, That upon submission to the Con20 gress of the fiscal year 2011 President’s budget, the Sec21 retary of Transportation shall transmit to Congress the 

22 annual report on new starts, including proposed alloca23 tions of funds for fiscal year 2011. 


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1 FORMULA AND BUS GRANTS

2 (LIQUIDATION OF CONTRACT AUTHORITY)

3 (LIMITATION ON OBLIGATIONS)

4 (HIGHWAY TRUST FUND)

5 For payment of obligations incurred in carrying out 

6 the provisions of 49 U.S.C. 5305, 5307, 5308, 5309, 

7 5310, 5311, 5316, 5317, 5320, 5335, 5339, and 5340 and 

8 section 3038 of Public Law 105–178, as amended, 

9 $8,852,000,000 to be derived from the Mass Transit Ac10 count of the Highway Trust Fund and to remain available 

11 until expended: Provided, That funds available for the im12 plementation or execution of programs authorized under 

13 49 U.S.C. 5305, 5307, 5308, 5309, 5310, 5311, 5316, 

14 5317, 5320, 5335, 5339, and 5340 and section 3038 of 

15 Public Law 105–178, as amended, shall not exceed total 

16 obligations of $8,343,171,000 in fiscal year 2010. 

17 RESEARCH AND UNIVERSITY RESEARCH CENTERS

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

19 5312–5315, 5322, and 5506, $65,670,000, to remain 

20 available until expended: Provided, That $10,000,000 is 

21 available to carry out the transit cooperative research pro22 gram under section 5313 of title 49, United States Code, 

23 $4,300,000 is available for the National Transit Institute 

24 under section 5315 of title 49, United States Code, and 

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1 ters program under section 5506 of title 49, United States 

2 Code: Provided further, That $44,370,000 is available to 

3 carry out national research programs under sections 5312, 

4 5313, 5314, and 5322 of title 49, United States Code. 

5 CAPITAL INVESTMENT GRANTS

6 (INCLUDING TRANSFER OF FUNDS)

7 For necessary expenses to carry out section 5309 of 

8 title 49, United States Code, $1,827,343,000, to remain 

9 available until expended, of which not to exceed 

10 $200,000,000 is for section 5309(e) of such title: Pro11 vided, That $2,000,000, shall be transferred to the De12 partment of Transportation Office of Inspector General 

13 from funds set aside for the execution of contracts pursu14 ant to section 5327(c) of title 49, United States Code, for 

15 costs associated with audits and investigations of transit16 related issues, including reviews of new fixed guideway 

17 systems. 

18 WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY

19 For necessary expenses to carry out section 601 of 

20 division B of Public Law 110–432, $150,000,000, to re21 main available until expended. 

22 ADMINISTRATIVE PROVISIONS—FEDERAL TRANSIT

23 ADMINISTRATION

24 SEC. 160. The limitations on obligations for the pro25 grams of the Federal Transit Administration shall not 


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1 apply to any authority under 49 U.S.C. 5338, previously 

2 made available for obligation, or to any other authority 

3 previously made available for obligation. 

4 SEC. 161. Notwithstanding any other provision of 

5 law, funds appropriated or limited by this Act under ‘‘Fed6 eral Transit Administration, Capital Investment Grants’’ 

7 and for bus and bus facilities under ‘‘Federal Transit Ad8 ministration, Formula and Bus Grants’’ for projects speci9 fied in this Act or identified in reports accompanying this 

10 Act not obligated by September 30, 2012, and other recov11 eries, shall be directed to projects eligible to use the funds 

12 for the purposes for which they were originally provided. 

13 SEC. 162. Notwithstanding any other provision of 

14 law, any funds appropriated before October 1, 2009, under 

15 any section of chapter 53 of title 49, United States Code, 

16 that remain available for expenditure, may be transferred 

17 to and administered under the most recent appropriation 

18 heading for any such section. 

19 SEC. 163. Notwithstanding any other provision of 

20 law, unobligated funds made available for new fixed guide21 way system projects under the heading ‘‘Federal Transit 

22 Administration, Capital investment grants’’ in any appro23 priations Act prior to this Act may be used during this 

24 fiscal year to satisfy expenses incurred for such projects. 


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

2 Transit Administration grant for a project that involves 

3 the acquisition or rehabilitation of a bus to be used in pub4 lic transportation shall be funded for 90 percent of the 

5 net capital costs of a biodiesel bus or a factory-installed 

6 or retrofitted hybrid electric propulsion system and any 

7 equipment related to such a system: Provided, That the 

8 Secretary shall have the discretion to determine, through 

9 practicable administrative procedures, the costs attrib10 utable to the system and related-equipment. 

11 SEC. 165. Notwithstanding any other provision of 

12 law, unobligated funds or recoveries under section 5309 

13 of title 49, United States Code, that are available to the 

14 Secretary of Transportation for reallocation shall be di15 rected to projects eligible to use the funds for the purposes 

16 for which they were originally provided. 

17 SEC. 166. (a) In the explanatory statement ref18 erenced in section 186 of title I of division K of Public 

19 Law 110–161 (121 Stat. 2406), the item relating to 

20 ‘‘Broward County Southwest Transit Facility’’ in the table 

21 of projects under the heading ‘‘Bus and Bus Facilities’’ 

22 is deemed to be amended by striking ‘‘Southwest’’ and in23 serting ‘‘Ravenswood’’. 

24 (b) The explanatory statement referenced in section 

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1 natives analysis’’ under ‘‘Federal Transit Administration– 

2 Formula and Bus Grants’’ is deemed to be amended by 

3 striking ‘‘Hudson–Bergen Light Rail Extension Route 

4 440, North Bergen, NJ’’ and inserting ‘‘Hudson–Bergen 

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

6 (c) Funds made available for the Phoenix Heavy 

7 Maintenance Facility, Phoenix Dial-a-Ride facility, and 

8 the Phoenix Regional Heavy Bus Maintenance Facility in 

9 Arizona through the Department of Transportation Ap10 propriations Acts for Fiscal Years 2005 and 2008 that 

11 remain unobligated or unexpended shall be made available 

12 to the East Baseline Park-and-Ride Facility in Phoenix, 

13 Arizona. 

14 SAINT LAWRENCE SEAWAY DEVELOPMENT

15 CORPORATION

16 The Saint Lawrence Seaway Development Corpora17 tion is hereby authorized to make such expenditures, with18 in the limits of funds and borrowing authority available 

19 to the Corporation, and in accord with law, and to make 

20 such contracts and commitments without regard to fiscal 

21 year limitations as provided by section 104 of the Govern22 ment Corporation Control Act, as amended, as may be 

23 necessary in carrying out the programs set forth in the 

24 Corporation’s budget for the current fiscal year. 


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1 OPERATIONS AND MAINTENANCE

2 (HARBOR MAINTENANCE TRUST FUND)

3 For necessary expenses for operations, maintenance, 

4 and capital asset renewal of those portions of the Saint 

5 Lawrence Seaway owned, operated, and maintained by the 

6 Saint Lawrence Seaway Development Corporation, 

7 $32,324,000, to be derived from the Harbor Maintenance 

8 Trust Fund, pursuant to Public Law 99–662. 

9 MARITIME ADMINISTRATION

10 MARITIME SECURITY PROGRAM

11 For necessary expenses to maintain and preserve a 

12 United States flag merchant fleet to serve the national se13 curity needs of the United States, $174,000,000, to re14 main available until expended. 

15 OPERATIONS AND TRAINING

16 For necessary expenses of operations and training ac17 tivities authorized by law, $140,900,000, of which 

18 $31,677,000 shall remain available until September 30, 

19 2010, for salaries and benefits of employees of the United 

20 States Merchant Marine Academy; of which $15,391,000 

21 shall remain available until expended for capital improve22 ments at the United States Merchant Marine Academy; 

23 and of which $11,240,000 shall remain available until ex24 pended for maintenance and repair of training ships at 

25 State maritime academies. 


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1 SHIP DISPOSAL

2 For necessary expenses related to the disposal of ob3 solete vessels in the National Defense Reserve Fleet of the 

4 Maritime Administration, $15,000,000, to remain avail5 able until expended. 

6 MARITIME GUARANTEED LOAN (TITLE XI) PROGRAM

7 ACCOUNT

8 (INCLUDING TRANSFER OF FUNDS)

9 For administrative expenses to carry out the guaran10 teed loan program, not to exceed $3,630,000, which shall 

11 be transferred to and merged with the appropriation for 

12 ‘‘Operations and Training’’, Maritime Administration. 

13 ADMINISTRATIVE PROVISIONS—MARITIME

14 ADMINISTRATION

15 SEC. 175. Notwithstanding any other provision of 

16 this Act, the Maritime Administration may furnish utili17 ties and services and make necessary repairs in connection 

18 with any lease, contract, or occupancy involving Govern19 ment property under the control of the Maritime Adminis20 tration, and payments received therefor shall be credited 

21 to the appropriation charged with the cost thereof: Pro22 vided, That rental payments under any such lease, con23 tract, or occupancy for items other than such utilities, 

24 services, or repairs shall be covered into the Treasury as 

25 miscellaneous receipts. 


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1 SEC. 176. Section 51314 of title 46, United States 

2 Code, is amended in subsection (b) by inserting at the end 

3 ‘‘Such fees shall be credited to the Maritime Administra4 tion’s Operations and Training appropriation, to remain 

5 available until expended, for those expenses directly re6 lated to the purposes of the fees. Fees collected in excess 

7 of actual expenses may be refunded to the Midshipmen 

8 through a mechanism approved by the Secretary. The 

9 Academy shall maintain a separate and detailed account10 ing of fee revenue and all associated expenses.’’. 

11 PIPELINE AND HAZARDOUS MATERIALS SAFETY

12 ADMINISTRATION

13 OPERATIONAL EXPENSES

14 (PIPELINE SAFETY FUND)

15 For necessary operational expenses of the Pipeline 

16 and Hazardous Materials Safety Administration, 

17 $19,968,000, of which $639,000 shall be derived from the 

18 Pipeline Safety Fund: Provided, That $1,000,000 shall be 

19 transferred to ‘‘Pipeline Safety’’ in order to fund ‘‘Pipeline 

20 Safety Information Grants to Communities’’ as authorized 

21 under section 60130 of title 49, United States Code. 

22 HAZARDOUS MATERIALS SAFETY

23 For expenses necessary to discharge the hazardous 

24 materials safety functions of the Pipeline and Hazardous 

25 Materials Safety Administration, $36,500,000, of which 


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1 $2,699,000 shall remain available until September 30, 

2 2012: Provided, That up to $800,000 in fees collected 

3 under 49 U.S.C. 5108(g) shall be deposited in the general 

4 fund of the Treasury as offsetting receipts: Provided fur5 ther, That there may be credited to this appropriation, to 

6 be available until expended, funds received from states, 

7 counties, municipalities, other public authorities, and pri8 vate sources for expenses incurred for training, for reports 

9 publication and dissemination, and for travel expenses in10 curred in performance of hazardous materials exemptions 

11 and approvals functions. 

12 PIPELINE SAFETY

13 (PIPELINE SAFETY FUND)

14 (OIL SPILL LIABILITY TRUST FUND)

15 For expenses necessary to conduct the functions of 

16 the pipeline safety program, for grants-in-aid to carry out 

17 a pipeline safety program, as authorized by 49 U.S.C. 

18 60107, and to discharge the pipeline program responsibil19 ities of the Oil Pollution Act of 1990, $105,239,000, of 

20 which $18,905,000 shall be derived from the Oil Spill Li21 ability Trust Fund and shall remain available until Sep22 tember 30, 2012; and of which $86,334,000 shall be de23 rived from the Pipeline Safety Fund, of which 

24 $47,332,000 shall remain available until September 30, 

25 2012. 


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1 EMERGENCY PREPAREDNESS GRANTS

2 (EMERGENCY PREPAREDNESS FUND)

3 For necessary expenses to carry out 49 U.S.C. 

4 5128(b), $188,000, to be derived from the Emergency 

5 Preparedness Fund, to remain available until September 

6 30, 2011: Provided, That not more than $28,318,000 shall 

7 be made available for obligation in fiscal year 2010 from 

8 amounts made available by 49 U.S.C. 5116(i) and 

9 5128(b)–(c): Provided further, That none of the funds 

10 made available by 49 U.S.C. 5116(i), 5128(b), or 5128(c) 

11 shall be made available for obligation by individuals other 

12 than the Secretary of Transportation, or his or her des13 ignee. 

14 RESEARCH AND INNOVATIVE TECHNOLOGY

15 ADMINISTRATION

16 RESEARCH AND DEVELOPMENT

17 For necessary expenses of the Research and Innova18 tive Technology Administration, $12,834,000, of which 

19 $6,036,000 shall remain available until September 30, 

20 2012: Provided, That there may be credited to this appro21 priation, to be available until expended, funds received 

22 from States, counties, municipalities, other public authori23 ties, and private sources for expenses incurred for train24 ing. 


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1 OFFICE OF INSPECTOR GENERAL

2 SALARIES AND EXPENSES

3 For necessary expenses of the Office of Inspector 

4 General to carry out the provisions of the Inspector Gen5 eral Act of 1978, as amended, $74,839,000: Provided, 

6 That the Inspector General shall have all necessary au7 thority, in carrying out the duties specified in the Inspec8 tor General Act, as amended (5 U.S.C. App. 3), to inves9 tigate allegations of fraud, including false statements to 

10 the government (18 U.S.C. 1001), by any person or entity 

11 that is subject to regulation by the Department: Provided 

12 further, That the funds made available under this heading 

13 shall be used to investigate, pursuant to section 41712 of 

14 title 49, United States Code: (1) unfair or deceptive prac15 tices and unfair methods of competition by domestic and 

16 foreign air carriers and ticket agents; and (2) the compli17 ance of domestic and foreign air carriers with respect to 

18 item (1) of this proviso. 

19 SURFACE TRANSPORTATION BOARD

20 SALARIES AND EXPENSES

21 For necessary expenses of the Surface Transpor22 tation Board, including services authorized by 5 U.S.C. 

23 3109, $29,800,000: Provided, That notwithstanding any 

24 other provision of law, not to exceed $1,250,000 from fees 

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1 tation Board shall be credited to this appropriation as off2 setting collections and used for necessary and authorized 

3 expenses under this heading: Provided further, That the 

4 sum herein appropriated from the general fund shall be 

5 reduced on a dollar-for-dollar basis as such offsetting col6 lections are received during fiscal year 2010, to result in 

7 a final appropriation from the general fund estimated at 

8 no more than $28,550,000. 

9 GENERAL PROVISIONS—DEPARTMENT OF

10 TRANSPORTATION

11 SEC. 180. During the current fiscal year applicable 

12 appropriations to the Department of Transportation shall 

13 be available for maintenance and operation of aircraft; 

14 hire of passenger motor vehicles and aircraft; purchase of 

15 liability insurance for motor vehicles operating in foreign 

16 countries on official department business; and uniforms or 

17 allowances therefor, as authorized by law (5 U.S.C. 5901– 

18 5902). 

19 SEC. 181. Appropriations contained in this Act for 

20 the Department of Transportation shall be available for 

21 services as authorized by 5 U.S.C. 3109, but at rates for 

22 individuals not to exceed the per diem rate equivalent to 

23 the rate for an Executive Level IV. 

24 SEC. 182. None of the funds in this Act shall be avail25 able for salaries and expenses of more than 110 political 


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1 and Presidential appointees in the Department of Trans2 portation: Provided, That none of the personnel covered 

3 by this provision may be assigned on temporary detail out4 side the Department of Transportation. 

5 SEC. 183. None of the funds in this Act shall be used 

6 to implement section 404 of title 23, United States Code. 

7 SEC. 184. (a) No recipient of funds made available 

8 in this Act shall disseminate personal information (as de9 fined in 18 U.S.C. 2725(3)) obtained by a State depart10 ment of motor vehicles in connection with a motor vehicle 

11 record as defined in 18 U.S.C. 2725(1), except as provided 

12 in 18 U.S.C. 2721 for a use permitted under 18 U.S.C. 

13 2721. 

14 (b) Notwithstanding subsection (a), the Secretary 

15 shall not withhold funds provided in this Act for any 

16 grantee if a State is in noncompliance with this provision. 

17 SEC. 185. Funds received by the Federal Highway 

18 Administration, Federal Transit Administration, and Fed19 eral Railroad Administration from States, counties, mu20 nicipalities, other public authorities, and private sources 

21 for expenses incurred for training may be credited respec22 tively to the Federal Highway Administration’s ‘‘Federal23 Aid Highways’’ account, the Federal Transit Administra24 tion’s ‘‘Research and University Research Centers’’ ac25 count, and to the Federal Railroad Administration’s 


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1 ‘‘Safety and Operations’’ account, except for State rail 

2 safety inspectors participating in training pursuant to 49 

3 U.S.C. 20105. 

4 SEC. 186. Funds provided or limited in this Act 

5 under the appropriate accounts within the Federal High6 way Administration, the Federal Railroad Administration 

7 and the Federal Transit Administration shall be for the 

8 eligible programs, projects and activities in the cor9 responding amounts identified in the explanatory state10 ment accompanying this Act for ‘‘Ferry Boats and Ferry 

11 Terminal Facilities’’, ‘‘Federal Lands’’, ‘‘Interstate Main12 tenance Discretionary’’, ‘‘Transportation, Community and 

13 System Preservation Program’’, ‘‘Delta Region Transpor14 tation Development Program’’, ‘‘Rail Line Relocation and 

15 Improvement Program’’, ‘‘Rail-highway crossing hazard 

16 eliminations’’, ‘‘Alternatives analysis’’, and ‘‘Bus and bus 

17 facilities’’. 

18 SEC. 187. Notwithstanding any other provisions of 

19 law, rule or regulation, the Secretary of Transportation 

20 is authorized to allow the issuer of any preferred stock 

21 heretofore sold to the Department to redeem or repur22 chase such stock upon the payment to the Department of 

23 an amount determined by the Secretary. 

24 SEC. 188. None of the funds in this Act to the De25 partment of Transportation may be used to make a grant 


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1 unless the Secretary of Transportation notifies the House 

2 and Senate Committees on Appropriations not less than 

3 3 full business days before any discretionary grant award, 

4 letter of intent, or full funding grant agreement totaling 

5 $500,000 or more is announced by the department or its 

6 modal administrations from: (1) any discretionary grant 

7 program of the Federal Highway Administration including 

8 the emergency relief program; (2) the airport improvement 

9 program of the Federal Aviation Administration; (3) any 

10 grant or cooperative agreement from the Federal Railroad 

11 Administration; or (4) any program of the Federal Transit 

12 Administration other than the formula grants and fixed 

13 guideway modernization programs: Provided, That the 

14 Secretary gives concurrent notification to the House and 

15 Senate Committees on Appropriations for any ‘‘quick re16 lease’’ of funds from the emergency relief program: Pro17 vided further, That no notification shall involve funds that 

18 are not available for obligation. 

19 SEC. 189. Rebates, refunds, incentive payments, 

20 minor fees and other funds received by the Department 

21 of Transportation from travel management centers, 

22 charge card programs, the subleasing of building space, 

23 and miscellaneous sources are to be credited to appropria24 tions of the Department of Transportation and allocated 

25 to elements of the Department of Transportation using 


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1 fair and equitable criteria and such funds shall be avail2 able until expended. 

3 SEC. 190. Amounts made available in this or any 

4 other Act that the Secretary determines represent im5 proper payments by the Department of Transportation to 

6 a third party contractor under a financial assistance 

7 award, which are recovered pursuant to law, shall be avail8 able— 

9 (1) to reimburse the actual expenses incurred 

10 by the Department of Transportation in recovering 

11 improper payments; and 

12 (2) to pay contractors for services provided in 

13 recovering improper payments or contractor support 

14 in the implementation of the Improper Payments In15 formation Act of 2002: Provided, That amounts in 

16 excess of that required for paragraphs (1) and (2)— 

17 (A) shall be credited to and merged with 

18 the appropriation from which the improper pay19 ments were made, and shall be available for the 

20 purposes and period for which such appropria21 tions are available; or 

22 (B) if no such appropriation remains avail23 able, shall be deposited in the Treasury as mis24 cellaneous receipts: Provided further, That prior 

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1 propriations account, the Secretary shall notify 

2 the House and Senate Committees on Appro3 priations the amount and reasons for such 

4 transfer: Provided further, That for purposes of 

5 this section, the term ‘‘improper payments’’, 

6 has the same meaning as that provided in sec7 tion 2(d)(2) of Public Law 107–300. 

8 SEC. 191. Notwithstanding any other provision of 

9 law, if any funds provided in or limited by this Act are 

10 subject to a reprogramming action that requires notice to 

11 be provided to the House and Senate Committees on Ap12 propriations, said reprogramming action shall be approved 

13 or denied solely by the Committees on Appropriations: 

14 Provided, That the Secretary may provide notice to other 

15 congressional committees of the action of the Committees 

16 on Appropriations on such reprogramming but not sooner 

17 than 30 days following the date on which the reprogram18 ming action has been approved or denied by the House 

19 and Senate Committees on Appropriations. 

20 SEC. 192. None of the funds appropriated or other21 wise made available under this Act may be used by the 

22 Surface Transportation Board of the Department of 

23 Transportation to charge or collect any filing fee for rate 

24 complaints filed with the Board in an amount in excess 


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1 of the amount authorized for district court civil suit filing 

2 fees under section 1914 of title 28, United States Code. 

3 SEC. 193. Notwithstanding section 3324 of Title 31, 

4 United States Code, in addition to authority provided by 

5 section 327 of title 49, United States Code, the Depart6 ment’s Working Capital fund is hereby authorized to pro7 vide payments in advance to vendors that are necessary 

8 to carry out the Federal transit pass transportation fringe 

9 benefit program under Executive Order No. 13150 and 

10 section 3049 of Public Law 109–59: Provided, that the 

11 Department shall include adequate safeguards in the con12 tract with the vendors to ensure timely and high quality 

13 performance under the contract. 

14 This title may be cited as the ‘‘Department of Trans15 portation Appropriations Act, 2010’’. 

16 TITLE II 

17 DEPARTMENT OF HOUSING AND URBAN 

18 DEVELOPMENT 

19 MANAGEMENT AND ADMINISTRATION

20 EXECUTIVE DIRECTION

21 For necessary salaries and expenses for Executive Di22 rection, $25,969,000, of which not to exceed $4,619,000 

23 shall be available for the immediate Office of the Secretary 

24 and Deputy Secretary; not to exceed $1,703,000 shall be 

25 available for the Office of Hearings and Appeals; not to 


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1 exceed $778,000 shall be available for the Office of Small 

2 and Disadvantaged Business Utilization; not to exceed 

3 $727,000 shall be available for the immediate Office of 

4 the Chief Financial Officer; not to exceed $1,474,000 shall 

5 be available for the immediate Office of the General Coun6 sel; not to exceed $2,912,000 shall be available to the Of7 fice of the Assistant Secretary for Congressional and 

8 Intergovernmental Relations; not to exceed $3,110,000 

9 shall be available for the Office of the Assistant Secretary 

10 for Public Affairs; not to exceed $1,218,000 shall be avail11 able for the Office of the Assistant Secretary for Adminis12 tration; not to exceed $2,125,000 shall be available to the 

13 Office of the Assistant Secretary for Public and Indian 

14 Housing; not to exceed $1,781,000 shall be available to 

15 the Office of the Assistant Secretary for Community Plan16 ning and Development; not to exceed $3,497,000 shall be 

17 available to the Office of the Assistant Secretary for Hous18 ing, Federal Housing Commissioner; not to exceed 

19 $1,097,000 shall be available to the Office of the Assistant 

20 Secretary for Policy Development and Research; and not 

21 to exceed $928,000 shall be available to the Office of the 

22 Assistant Secretary for Fair Housing and Equal Oppor23 tunity: Provided, That the Secretary of the Department 

24 of Housing and Urban Development is authorized to 

25 transfer funds appropriated for any office funded under 


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1 this heading to any other office funded under this heading 

2 following written notification to the House and Senate 

3 Committees on Appropriations: Provided further, That no 

4 appropriation for any office shall be increased or de5 creased by more than 5 percent by all such transfers: Pro6 vided further, That notice of any change in funding greater 

7 than 5 percent shall be submitted for prior approval to 

8 the House and Senate Committees on Appropriations: 

9 Provided further, That the Secretary shall provide the 

10 Committees on Appropriations quarterly written notifica11 tion regarding the status of pending congressional reports: 

12 Provided further, That the Secretary shall provide all 

13 signed reports required by Congress electronically: Pro14 vided further, That not to exceed $25,000 of the amount 

15 made available under this paragraph for the immediate 

16 Office of the Secretary shall be available for official recep17 tion and representation expenses as the Secretary may de18 termine. 

19 ADMINISTRATION, OPERATIONS AND MANAGEMENT

20 For necessary salaries and expenses for administra21 tion, operations and management for the Department of 

22 Housing and Urban Development, $537,897,000, of which 

23 not to exceed $76,958,000 shall be available for the per24 sonnel compensation and benefits of the Office of Adminis25 tration; not to exceed $11,277,000 shall be available for 


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1 the personnel compensation and benefits of the Office of 

2 Departmental Operations and Coordination; not to exceed 

3 $51,275,000 shall be available for the personnel com4 pensation and benefits of the Office of Field Policy and 

5 Management; not to exceed $14,649,000 shall be available 

6 for the personnel compensation and benefits of the Office 

7 of the Chief Procurement Officer; not to exceed 

8 $35,197,000 shall be available for the personnel com9 pensation and benefits of the remaining staff in the Office 

10 of the Chief Financial Officer; not to exceed $89,062,000 

11 shall be available for the personnel compensation and ben12 efits of the remaining staff in the Office of the General 

13 Counsel; not to exceed $3,296,000 shall be available for 

14 the personnel compensation and benefits of the Office of 

15 Departmental Equal Employment Opportunity; not to ex16 ceed $1,393,000 shall be available for the personnel com17 pensation and benefits for the Center for Faith-Based and 

18 Community Initiatives; not to exceed $2,400,000 shall be 

19 available for the personnel compensation and benefits for 

20 the Office of Sustainability; not to exceed $2,520,000 shall 

21 be available for the personnel compensation and benefits 

22 for the Office of Strategic Planning and Management; and 

23 not to exceed $249,870,000 shall be available for non-per24 sonnel expenses of the Department of Housing and Urban 

25 Development: Provided, That, funds provided under this 


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1 heading may be used for necessary administrative and 

2 non-administrative expenses of the Department of Hous3 ing and Urban Development, not otherwise provided for, 

4 including purchase of uniforms, or allowances therefor, as 

5 authorized by 5 U.S.C. 5901–5902; hire of passenger 

6 motor vehicles; services as authorized by 5 U.S.C. 3109: 

7 Provided further, That notwithstanding any other provi8 sion of law, funds appropriated under this heading may 

9 be used for advertising and promotional activities that 

10 support the housing mission area: Provided further, That 

11 the Secretary of Housing and Urban Development is au12 thorized to transfer funds appropriated for any office in13 cluded in Administration, Operations and Management to 

14 any other office included in Administration, Operations 

15 and Management only after such transfer has been sub16 mitted to, and received prior written approval by, the 

17 House and Senate Committees on Appropriations: Pro18 vided further, That no appropriation for any office shall 

19 be increased or decreased by more than 10 percent by all 

20 such transfers. 

21 PERSONNEL COMPENSATION AND BENEFITS

22 PUBLIC AND INDIAN HOUSING

23 For necessary personnel compensation and benefits 

24 expenses of the Office of Public and Indian Housing, 

25 $197,074,000. 


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1 COMMUNITY PLANNING AND DEVELOPMENT

2 For necessary personnel compensation and benefits 

3 expenses of the Office of Community Planning and Devel4 opment mission area, $98,989,000. 

5 HOUSING

6 For necessary personnel compensation and benefits 

7 expenses of the Office of Housing, $374,887,000. 

8 OFFICE OF THE GOVERNMENT NATIONAL MORTGAGE

9 ASSOCIATION

10 For necessary personnel compensation and benefits 

11 expenses of the Office of the Government National Mort12 gage Association, $11,095,000, to be derived from the 

13 GNMA guarantees of mortgage backed securities guaran14 teed loan receipt account. 

15 POLICY DEVELOPMENT AND RESEARCH

16 For necessary personnel compensation and benefits 

17 expenses of the Office of Policy Development and Re18 search, $21,138,000. 

19 FAIR HOUSING AND EQUAL OPPORTUNITY

20 For necessary personnel compensation and benefits 

21 expenses of the Office of Fair Housing and Equal Oppor22 tunity, $71,800,000. 


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1 OFFICE OF HEALTHY HOMES AND LEAD HAZARD

2 CONTROL

3 For necessary personnel compensation and benefits 

4 expenses of the Office of Healthy Homes and Lead Haz5 ard Control, $7,151,000. 

6 PUBLIC AND INDIAN HOUSING

7 TENANT-BASED RENTAL ASSISTANCE

8 For activities and assistance for the provision of ten9 ant-based rental assistance authorized under the United 

10 States Housing Act of 1937, as amended (42 U.S.C. 1437 

11 et seq.) (‘‘the Act’’ herein), not otherwise provided for, 

12 $14,242,200,000, to remain available until expended, shall 

13 be available on October 1, 2009 (in addition to the 

14 $4,000,000,000 previously appropriated under this head15 ing that will become available on October 1, 2009), and 

16 $4,000,000,000, to remain available until expended, shall 

17 be available on October 1, 2010: Provided, That the 

18 amounts made available under this heading are provided 

19 as follows: 

20 (1) $16,387,200,000 shall be available for re21 newals of expiring section 8 tenant-based annual 

22 contributions contracts (including renewals of en23 hanced vouchers under any provision of law author24 izing such assistance under section 8(t) of the Act) 

25 and including renewal of other special purpose 


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1 vouchers initially funded in fiscal year 2008 and 

2 2009 (such as Family Unification, Veterans Affairs 

3 Supportive Housing Vouchers and Non-elderly Dis4 abled Vouchers): Provided, That notwithstanding 

5 any other provision of law, from amounts provided 

6 under this paragraph and any carryover, the Sec7 retary for the calendar year 2010 funding cycle shall 

8 provide renewal funding for each public housing 

9 agency based on voucher management system (VMS) 

10 leasing and cost data for the most recent Federal 

11 fiscal year and by applying the most recent Annual 

12 Adjustment Factor as established by the Secretary, 

13 and by making any necessary adjustments for the 

14 costs associated with deposits to family self-suffi15 ciency program escrow accounts or first-time renew16 als including tenant protection or HOPE VI vouch17 ers: Provided further, That none of the funds pro18 vided under this paragraph may be used to fund a 

19 total number of unit months under lease which ex20 ceeds a public housing agency’s authorized level of 

21 units under contract: Provided further, That the Sec22 retary shall, to the extent necessary to stay within 

23 the amount specified under this paragraph (except 

24 as otherwise modified under this Act), pro rate each 

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1 lished pursuant to this paragraph: Provided further, 

2 That except as provided in the last two provisos, the 

3 entire amount specified under this paragraph (except 

4 as otherwise modified under this Act) shall be obli5 gated to the public housing agencies based on the al6 location and pro rata method described above, and 

7 the Secretary shall notify public housing agencies of 

8 their annual budget not later than 60 days after en9 actment of this Act: Provided further, That the Sec10 retary may extend the 60-day notification period 

11 with the written approval of the House and Senate 

12 Committees on Appropriations: Provided further, 

13 That public housing agencies participating in the 

14 Moving to Work demonstration shall be funded pur15 suant to their Moving to Work agreements and shall 

16 be subject to the same pro rata adjustments under 

17 the previous provisos: Provided further, That up to 

18 $150,000,000 shall be available only: (1) to adjust 

19 the allocations for public housing agencies, after ap20 plication for an adjustment by a public housing 

21 agency that experienced a significant increase, as de22 termined by the Secretary, in renewal costs of ten23 ant-based rental assistance resulting from unfore24 seen circumstances or from portability under section 

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1 ing agencies with voucher leasing rates at the end of 

2 the calendar year that exceed the average leasing for 

3 the 12-month period used to establish the allocation; 

4 (3) for adjustments for the costs associated with 

5 VASH vouchers; or (4) for vouchers that were not 

6 in use during the 12-month period in order to be 

7 available to meet a commitment pursuant to section 

8 8(o)(13) of the Act. 

9 (2) $120,000,000 shall be for section 8 rental 

10 assistance for relocation and replacement of housing 

11 units that are demolished or disposed of pursuant to 

12 the Omnibus Consolidated Rescissions and Appro13 priations Act of 1996 (Public Law 104–134), con14 version of section 23 projects to assistance under 

15 section 8, the family unification program under sec16 tion 8(x) of the Act, relocation of witnesses in con17 nection with efforts to combat crime in public and 

18 assisted housing pursuant to a request from a law 

19 enforcement or prosecution agency, enhanced vouch20 ers under any provision of law authorizing such as21 sistance under section 8(t) of the Act, HOPE VI 

22 vouchers, mandatory and voluntary conversions, and 

23 tenant protection assistance including replacement 

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1 ly tenants currently residing in section 202 prop2 erties financed between 1959 and 1974 that are refi3 nanced pursuant to Public Law 106–569, as amend4 ed, or under the authority as provided under this 

5 Act: Provided, That the Secretary may provide re6 placement vouchers for all units that were occupied 

7 within the previous 24 months that cease to be avail8 able as assisted housing, subject to the availability 

9 of funds. 

10 (3) $1,600,000,000 shall be for administrative 

11 and other expenses of public housing agencies in ad12 ministering the section 8 tenant-based rental assist13 ance program, of which up to $50,000,000 shall be 

14 available to the Secretary to allocate to public hous15 ing agencies that need additional funds to admin16 ister their section 8 programs, including fees associ17 ated with section 8 tenant protection rental assist18 ance, the administration of disaster related vouchers, 

19 Veterans Affairs Supportive Housing vouchers, and 

20 other incremental vouchers: Provided, That no less 

21 than $1,550,000,000 of the amount provided in this 

22 paragraph shall be allocated to public housing agen23 cies for the calendar year 2010 funding cycle based 

24 on section 8(q) of the Act (and related Appropria25 tion Act provisions) as in effect immediately before 


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1 the enactment of the Quality Housing and Work Re2 sponsibility Act of 1998 (Public Law 105–276): Pro3 vided further, That if the amounts made available 

4 under this paragraph are insufficient to pay the 

5 amounts determined under the previous proviso, the 

6 Secretary may decrease the amounts allocated to 

7 agencies by a uniform percentage applicable to all 

8 agencies receiving funding under this paragraph or 

9 may, to the extent necessary to provide full payment 

10 of amounts determined under the previous proviso, 

11 utilize unobligated balances, including recaptures 

12 and carryovers, remaining from funds appropriated 

13 to the Department of Housing and Urban Develop14 ment under this heading, for fiscal year 2009 and 

15 prior fiscal years, notwithstanding the purposes for 

16 which such amounts were appropriated: Provided 

17 further, That amounts provided under this para18 graph shall be only for activities related to the provi19 sion of tenant-based rental assistance authorized 

20 under section 8, including related development ac21 tivities. 

22 (4) $75,000,000 for incremental rental voucher 

23 assistance for use through a supported housing pro24 gram administered in conjunction with the Depart25 ment of Veterans Affairs as authorized under section 


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1 8(o)(19) of the United States Housing Act of 1937: 

2 Provided, That the Secretary of Housing and Urban 

3 Development shall make such funding available, not4 withstanding section 204 (competition provision) of 

5 this title, to public housing agencies that partner 

6 with eligible VA Medical Centers or other entities as 

7 designated by the Secretary of the Department of 

8 Veterans Affairs, based on geographical need for 

9 such assistance as identified by the Secretary of the 

10 Department of Veterans Affairs, public housing 

11 agency administrative performance, and other fac12 tors as specified by the Secretary of Housing and 

13 Urban Development in consultation with the Sec14 retary of the Department of Veterans Affairs: Pro15 vided further, That the Secretary of Housing and 

16 Urban Development may waive, or specify alter17 native requirements for (in consultation with the 

18 Secretary of the Department of Veterans Affairs), 

19 any provision of any statute or regulation that the 

20 Secretary of Housing and Urban Development ad21 ministers in connection with the use of funds made 

22 available under this paragraph (except for require23 ments related to fair housing, nondiscrimination, 

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1 native requirements are necessary for the effective 

2 delivery and administration of such voucher assist3 ance: Provided further, That assistance made avail4 able under this paragraph shall continue to remain 

5 available for homeless veterans upon turn-over. 

6 (5) $60,000,000 shall be for family self-suffi7 ciency coordinators under section 23 of the Act. 

8 HOUSING CERTIFICATE FUND

9 Unobligated balances, including recaptures and car10 ryover, remaining from funds appropriated to the Depart11 ment of Housing and Urban Development under this 

12 heading, the heading ‘‘Annual Contributions for Assisted 

13 Housing’’ and the heading ‘‘Project-Based Rental Assist14 ance’’, for fiscal year 2010 and prior years may be used 

15 for renewal of or amendments to section 8 project-based 

16 contracts and for performance-based contract administra17 tors, notwithstanding the purposes for which such funds 

18 were appropriated: Provided, That any obligated balances 

19 of contract authority from fiscal year 1974 and prior that 

20 have been terminated shall be cancelled. 

21 PUBLIC HOUSING CAPITAL FUND

22 For the Public Housing Capital Fund Program to 

23 carry out capital and management activities for public 

24 housing agencies, as authorized under section 9 of the 

25 United States Housing Act of 1937 (42 U.S.C. 1437g) 


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1 (the ‘‘Act’’) $2,500,000,000, to remain available until 

2 September 30, 2013: Provided, That notwithstanding any 

3 other provision of law or regulation, during fiscal year 

4 2010 the Secretary of Housing and Urban Development 

5 may not delegate to any Department official other than 

6 the Deputy Secretary and the Assistant Secretary for 

7 Public and Indian Housing any authority under paragraph 

8 (2) of section 9(j) regarding the extension of the time peri9 ods under such section: Provided further, That for pur10 poses of such section 9(j), the term ‘‘obligate’’ means, with 

11 respect to amounts, that the amounts are subject to a 

12 binding agreement that will result in outlays, immediately 

13 or in the future: Provided further, That up to $15,345,000 

14 shall be to support the ongoing Public Housing Financial 

15 and Physical Assessment activities of the Real Estate As16 sessment Center (REAC): Provided further, That of the 

17 total amount provided under this heading, not to exceed 

18 $20,000,000 shall be available for the Secretary to make 

19 grants, notwithstanding section 204 of this Act, to public 

20 housing agencies for emergency capital needs including 

21 safety and security measures necessary to address crime 

22 and drug-related activity as well as needs resulting from 

23 unforeseen or unpreventable emergencies and natural dis24 asters, excluding Presidentially declared emergencies and 

25 natural disasters under the Robert T. Stafford Disaster 


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1 Relief and Emergency Act (42 U.S.C. 5121 et seq.), oc2 curring in fiscal year 2010: Provided further, That of the 

3 total amount provided under this heading, $50,000,000 

4 shall be for supportive services, service coordinators and 

5 congregate services as authorized by section 34 of the Act 

6 (42 U.S.C. 1437z–6) and the Native American Housing 

7 Assistance and Self-Determination Act of 1996 (25 U.S.C. 

8 4101 et seq.): Provided further, That of the total amount 

9 provided under this heading, up to $8,820,000 is to sup10 port the costs of administrative and judicial receiverships: 

11 Provided further, That from the funds made available 

12 under this heading, the Secretary shall provide bonus 

13 awards in fiscal year 2010 to public housing agencies that 

14 are designated high performers. 

15 PUBLIC HOUSING OPERATING FUND

16 For 2010 payments to public housing agencies for the 

17 operation and management of public housing, as author18 ized by section 9(e) of the United States Housing Act of 

19 1937 (42 U.S.C. 1437g(e)), $4,800,000,000. 

20 REVITALIZATION OF SEVERELY DISTRESSED PUBLIC

21 HOUSING (HOPE VI)

22 For grants to public housing agencies for demolition, 

23 site revitalization, replacement housing, and tenant-based 

24 assistance grants to projects as authorized by section 24 

25 of the United States Housing Act of 1937 (42 U.S.C. 


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1 1437v), $250,000,000, to remain available until Sep2 tember 30, 2011, of which the Secretary of Housing and 

3 Urban Development shall use $10,000,000 for technical 

4 assistance and contract expertise, to be provided directly 

5 or indirectly by grants, contracts or cooperative agree6 ments, including training and cost of necessary travel for 

7 participants in such training, by or to officials and employ8 ees of the department and of public housing agencies and 

9 to residents: Provided, That none of such funds shall be 

10 used directly or indirectly by granting competitive advan11 tage in awards to settle litigation or pay judgments, unless 

12 expressly permitted herein. 

13 NATIVE AMERICAN HOUSING BLOCK GRANTS

14 For the Native American Housing Block Grants pro15 gram, as authorized under title I of the Native American 

16 Housing Assistance and Self-Determination Act of 1996 

17 (NAHASDA) (25 U.S.C. 4111 et seq.), $750,000,000, to 

18 remain available until expended: Provided, That, notwith19 standing the Native American Housing Assistance and 

20 Self-Determination Act of 1996, to determine the amount 

21 of the allocation under title I of such Act for each Indian 

22 tribe, the Secretary shall apply the formula under section 

23 302 of such Act with the need component based on single24 race Census data and with the need component based on 

25 multi-race Census data, and the amount of the allocation 


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1 for each Indian tribe shall be the greater of the two result2 ing allocation amounts: Provided further, That of the 

3 amounts made available under this heading, $3,500,000 

4 shall be contracted for assistance for a national organiza5 tion representing Native American housing interests for 

6 providing training and technical assistance to Indian hous7 ing authorities and tribally designated housing entities as 

8 authorized under NAHASDA; and $4,250,000 shall be to 

9 support the inspection of Indian housing units, contract 

10 expertise, training, and technical assistance in the train11 ing, oversight, and management of such Indian housing 

12 and tenant-based assistance, including up to $300,000 for 

13 related travel: Provided further, That of the amount pro14 vided under this heading, $2,000,000 shall be made avail15 able for the cost of guaranteed notes and other obligations, 

16 as authorized by title VI of NAHASDA: Provided further, 

17 That such costs, including the costs of modifying such 

18 notes and other obligations, shall be as defined in section 

19 502 of the Congressional Budget Act of 1974, as amend20 ed: Provided further, That these funds are available to sub21 sidize the total principal amount of any notes and other 

22 obligations, any part of which is to be guaranteed, not to 

23 exceed $18,000,000. 


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1 NATIVE HAWAIIAN HOUSING BLOCK GRANT

2 For the Native Hawaiian Housing Block Grant pro3 gram, as authorized under title VIII of the Native Amer4 ican Housing Assistance and Self-Determination Act of 

5 1996 (25 U.S.C. 4111 et seq.), $12,000,000, to remain 

6 available until expended: Provided, That of this amount, 

7 $300,000 shall be for training and technical assistance ac8 tivities, including up to $100,000 for related travel by Ha9 waii-based HUD employees. 

10 INDIAN HOUSING LOAN GUARANTEE FUND PROGRAM

11 ACCOUNT

12 For the cost of guaranteed loans, as authorized by 

13 section 184 of the Housing and Community Development 

14 Act of 1992 (12 U.S.C. 1715z–13a), $7,000,000, to re15 main available until expended: Provided, That such costs, 

16 including the costs of modifying such loans, shall be as 

17 defined in section 502 of the Congressional Budget Act 

18 of 1974: Provided further, That these funds are available 

19 to subsidize total loan principal, any part of which is to 

20 be guaranteed, up to $919,000,000: Provided further, 

21 That up to $750,000 shall be for administrative contract 

22 expenses including management processes and systems to 

23 carry out the loan guarantee program. 


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1 NATIVE HAWAIIAN HOUSING LOAN GUARANTEE FUND

2 PROGRAM ACCOUNT

3 For the cost of guaranteed loans, as authorized by 

4 section 184A of the Housing and Community Develop5 ment Act of 1992 (12 U.S.C. 1715z–13b), $1,044,000, to 

6 remain available until expended: Provided, That such 

7 costs, including the costs of modifying such loans, shall 

8 be as defined in section 502 of the Congressional Budget 

9 Act of 1974: Provided further, That these funds are avail10 able to subsidize total loan principal, any part of which 

11 is to be guaranteed, not to exceed $41,504,255. 

12 COMMUNITY PLANNING AND DEVELOPMENT

13 HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS

14 For carrying out the Housing Opportunities for Per15 sons with AIDS program, as authorized by the AIDS 

16 Housing Opportunity Act (42 U.S.C. 12901 et seq.), 

17 $350,000,000, to remain available until September 30, 

18 2011, except that amounts allocated pursuant to section 

19 854(c)(3) of such Act shall remain available until Sep20 tember 30, 2012: Provided, That the Secretary shall renew 

21 all expiring contracts for permanent supportive housing 

22 that were funded under section 854(c)(3) of such Act that 

23 meet all program requirements before awarding funds for 

24 new contracts and activities authorized under this section. 


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1 COMMUNITY DEVELOPMENT FUND

2 For assistance to units of State and local govern3 ment, and to other entities, for economic and community 

4 development activities, and for other purposes, 

5 $4,598,607,000, to remain available until September 30, 

6 2012, unless otherwise specified: Provided, That of the 

7 total amount provided, $4,166,607,000 is for carrying out 

8 the community development block grant program under 

9 title I of the Housing and Community Development Act 

10 of 1974, as amended (the ‘‘Act’’ herein) (42 U.S.C. 5301 

11 et seq.): Provided further, That unless explicitly provided 

12 for under this heading (except for planning grants pro13 vided in the second paragraph and amounts made avail14 able under the third paragraph), not to exceed 20 percent 

15 of any grant made with funds appropriated under this 

16 heading shall be expended for planning and management 

17 development and administration: Provided further, That 

18 $65,000,000 shall be for grants to Indian tribes notwith19 standing section 106(a)(1) of such Act, of which, notwith20 standing any other provision of law (including section 204 

21 of this Act), up to $3,960,000 may be used for emer22 gencies that constitute imminent threats to health and 

23 safety. 

24 Of the amount made available under this heading, 

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1 nomic Development Initiative (EDI) to finance a variety 

2 of targeted economic investments in accordance with the 

3 terms and conditions specified in the explanatory state4 ment accompanying this Act: Provided, That none of the 

5 funds provided under this paragraph may be used for pro6 gram operations: Provided further, That, for fiscal years 

7 2008, 2009 and 2010, no unobligated funds for EDI 

8 grants may be used for any purpose except acquisition, 

9 planning, design, purchase of equipment, revitalization, re10 development or construction. 

11 Of the amount made available under this heading, 

12 $16,000,000 shall be available for neighborhood initiatives 

13 that are utilized to improve the conditions of distressed 

14 and blighted areas and neighborhoods, to stimulate invest15 ment, economic diversification, and community revitaliza16 tion in areas with population outmigration or a stagnating 

17 or declining economic base, or to determine whether hous18 ing benefits can be integrated more effectively with welfare 

19 reform initiatives: Provided, That amounts made available 

20 under this paragraph shall be provided in accordance with 

21 the terms and conditions specified in the explanatory 

22 statement accompanying this Act: Provided further, That 

23 none of the funds made available under this heading may 

24 be used for the construction and facility buildout of a 


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1 multi-purpose complex at Indiana University of Pennsyl2 vania. 

3 The referenced statement of the managers under this 

4 heading ‘‘Community Planning and Development’’ in title 

5 II of division K of Public Law 110–161 is deemed to be 

6 amended by striking ‘‘Custer County, ID for acquisition 

7 of an unused middle school building’’ and inserting ‘‘Cus8 ter County, ID, to construct a community center’’. 

9 The referenced statement of the managers under this 

10 heading ‘‘Community Planning and Development’’ in title 

11 II of division I of Public Law 111–8 is deemed to be 

12 amended by striking ‘‘Custer County, ID, to purchase a 

13 middle school building’’ and inserting ‘‘Custer County, ID, 

14 to construct a community center’’. 

15 Of the amounts made available under this heading, 

16 $150,000,000 shall be made available for a Sustainable 

17 Communities Initiative to stimulate improved regional 

18 planning efforts that integrate housing and transportation 

19 decisions, and to challenge communities to reform zoning 

20 and land use ordinances: Provided, That $100,000,000 

21 shall be for Regional Planning Grants to support the link22 ing of transportation and land use planning: Provided fur23 ther, That $40,000,000 shall be for Metropolitan Chal24 lenge Grants to foster reform and reduce barriers to 

25 achieve affordable, economically vital, and sustainable 


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1 communities: Provided further, That up to $10,000,000 

2 shall be for a joint Department of Housing and Urban 

3 Development and Department of Transportation research 

4 effort that shall include a rigorous evaluation of the Re5 gional Planning Grants and Metropolitan Challenge 

6 Grants programs: Provided further, That of the amounts 

7 made available under this heading, $25,000,000 shall be 

8 made available for the Rural Innovation Fund to address 

9 the problems of concentrated rural housing distress and 

10 community poverty: Provided further, That of the amounts 

11 made available under this heading, $25,000,000 shall be 

12 made available for the University Community Fund for 

13 grants to assist universities in revitalizing their sur14 rounding communities, with special attention to Histori15 cally Black Colleges and Universities, Tribal Colleges and 

16 Universities, Alaska Native/Native Hawaiian Institutions, 

17 and Hispanic-Serving Institutions: Provided further, That 

18 the Secretary shall develop and publish guidelines for the 

19 use of such competitive funds including, but not limited 

20 to, eligibility criteria, minimum grant amounts, and per21 formance metrics. 

22 COMMUNITY DEVELOPMENT LOAN GUARANTEES

23 PROGRAM ACCOUNT

24 For the cost of guaranteed loans, $6,000,000, to re25 main available until September 30, 2011, as authorized 


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1 by section 108 of the Housing and Community Develop2 ment Act of 1974 (42 U.S.C. 5308): Provided, That such 

3 costs, including the cost of modifying such loans, shall be 

4 as defined in section 502 of the Congressional Budget Act 

5 of 1974: Provided further, That these funds are available 

6 to subsidize total loan principal, any part of which is to 

7 be guaranteed, not to exceed $275,000,000, notwith8 standing any aggregate limitation on outstanding obliga9 tions guaranteed in section 108(k) of the Housing and 

10 Community Development Act of 1974, as amended. 

11 BROWNFIELDS REDEVELOPMENT

12 For competitive economic development grants, as au13 thorized by section 108(q) of the Housing and Community 

14 Development Act of 1974, as amended, for Brownfields 

15 redevelopment projects, $25,000,000, to remain available 

16 until September 30, 2011: Provided, That no funds made 

17 available under this heading may be used to establish loan 

18 loss reserves for the section 108 Community Development 

19 Loan Guarantee program. 

20 HOME INVESTMENT PARTNERSHIPS PROGRAM

21 For the HOME investment partnerships program, as 

22 authorized under title II of the Cranston-Gonzalez Na23 tional Affordable Housing Act, as amended (42 U.S.C. 

24 12721 et seq.), $2,000,000,000 (reduced by $5,000,000), 

25 to remain available until September 30, 2012: Provided, 


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1 That funds provided in prior appropriations Acts for tech2 nical assistance, that were made available for Community 

3 Housing Development Organizations technical assistance, 

4 and that still remain available, may be used for HOME 

5 technical assistance notwithstanding the purposes for 

6 which such amounts were appropriated. 

7 SELF-HELP AND ASSISTED HOMEOWNERSHIP

8 OPPORTUNITY PROGRAM

9 For the Self-Help and Assisted Homeownership Op10 portunity Program, as authorized under section 11 of the 

11 Housing Opportunity Program Extension Act of 1996, as 

12 amended (42 U.S.C. 12805 note), $85,000,000, to remain 

13 available until September 30, 2012: Provided, That of the 

14 total amount provided under this heading, $27,000,000 

15 shall be made available to the Self-Help and Assisted 

16 Homeownership Opportunity Program as authorized 

17 under section 11 of the Housing Opportunity Program 

18 Extension Act of 1996, as amended: Provided further, 

19 That $53,000,000 shall be made available for the second, 

20 third and fourth capacity building activities authorized 

21 under section 4(a) of the HUD Demonstration Act of 

22 1993 (42 U.S.C. 9816 note), of which not less than 

23 $10,000,000 may be made available for rural capacity 

24 building activities: Provided further, That $5,000,000 shall 

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1 thorized in sections 6301 through 6305 of Public Law 

2 110–246. 

3 HOMELESS ASSISTANCE GRANTS

4 For the emergency shelter grants program as author5 ized under subtitle B of title IV of the McKinney-Vento 

6 Homeless Assistance Act, as amended; the supportive 

7 housing program as authorized under subtitle C of title 

8 IV of such Act; the section 8 moderate rehabilitation sin9 gle room occupancy program as authorized under the 

10 United States Housing Act of 1937, as amended, to assist 

11 homeless individuals pursuant to section 441 of the 

12 McKinney-Vento Homeless Assistance Act; and the shelter 

13 plus care program as authorized under subtitle F of title 

14 IV of such Act, $1,850,000,000, of which $1,845,000,000 

15 shall remain available until September 30, 2012, and of 

16 which $5,000,000 shall remain available until expended 

17 for rehabilitation projects with 10-year grant terms: Pro18 vided, That not less than 30 percent of funds made avail19 able, excluding amounts provided for renewals under the 

20 shelter plus care program shall be used for permanent 

21 housing for individuals and families: Provided further, 

22 That all funds awarded for services shall be matched by 

23 not less than 25 percent in funding by each grantee: Pro24 vided further, That for all match requirements applicable 

25 to funds made available under this heading for this fiscal 


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1 year and prior years, a grantee may use (or could have 

2 used) as a source of match funds other funds administered 

3 by the Secretary and other Federal agencies unless there 

4 is (or was) a specific statutory prohibition on any such 

5 use of any such funds: Provided further, That the Sec6 retary shall renew on an annual basis expiring contracts 

7 or amendments to contracts funded under the shelter plus 

8 care program if the program is determined to be needed 

9 under the applicable continuum of care and meets appro10 priate program requirements and financial standards, as 

11 determined by the Secretary: Provided further, That all 

12 awards of assistance under this heading shall be required 

13 to coordinate and integrate homeless programs with other 

14 mainstream health, social services, and employment pro15 grams for which homeless populations may be eligible, in16 cluding Medicaid, State Children’s Health Insurance Pro17 gram, Temporary Assistance for Needy Families, Food 

18 Stamps, and services funding through the Mental Health 

19 and Substance Abuse Block Grant, Workforce Investment 

20 Act, and the Welfare-to-Work grant program: Provided 

21 further, That up to $8,000,000 of the funds appropriated 

22 under this heading shall be available for the national 

23 homeless data analysis project and technical assistance: 

24 Provided further, That all balances for Shelter Plus Care 

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1 newal account and transferred to this account shall be 

2 available, if recaptured, for Shelter Plus Care renewals in 

3 fiscal year 2010. 

4 HOUSING PROGRAMS

5 PROJECT-BASED RENTAL ASSISTANCE

6 For activities and assistance for the provision of 

7 project-based subsidy contracts under the United States 

8 Housing Act of 1937 (42 U.S.C. 1437 et seq.) (‘‘the 

9 Act’’), not otherwise provided for, $8,306,328,000, to re10 main available until expended, shall be available on Octo11 ber 1, 2009, and $393,672,000, to remain available until 

12 expended, shall be available on October 1, 2010: Provided, 

13 That the amounts made available under this heading are 

14 provided as follows: 

15 (1) Up to $8,474,328,000 shall be available for 

16 expiring or terminating section 8 project-based sub17 sidy contracts (including section 8 moderate rehabili18 tation contracts), for amendments to section 8 

19 project-based subsidy contracts (including section 8 

20 moderate rehabilitation contracts), for contracts en21 tered into pursuant to section 441 of the McKinney22 Vento Homeless Assistance Act (42 U.S.C. 11401), 

23 for renewal of section 8 contracts for units in 

24 projects that are subject to approved plans of action 

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1 vation Act of 1987 or the Low-Income Housing 

2 Preservation and Resident Homeownership Act of 

3 1990, and for administrative and other expenses as4 sociated with project-based activities and assistance 

5 funded under this paragraph. 

6 (2) Not less than $232,000,000 but not to ex7 ceed $258,000,000 shall be available for perform8 ance-based contract administrators for section 8 

9 project-based assistance: Provided, That the Sec10 retary of Housing and Urban Development may also 

11 use such amounts for performance-based contract 

12 administrators for the administration of: interest re13 duction payments pursuant to section 236(a) of the 

14 National Housing Act (12 U.S.C. 1715z–1(a)); rent 

15 supplement payments pursuant to section 101 of the 

16 Housing and Urban Development Act of 1965 (12 

17 U.S.C. 1701s); section 236(f)(2) rental assistance 

18 payments (12 U.S.C. 1715z–1(f)(2)); project rental 

19 assistance contracts for the elderly under section 

20 202(c)(2) of the Housing Act of 1959 (12 U.S.C. 

21 1701q(c)(2)); project rental assistance contracts for 

22 supportive housing for persons with disabilities 

23 under section 811(d)(2) of the Cranston-Gonzalez 

24 National Affordable Housing Act (42 U.S.C. 

25 8013(d)(2)); project assistance contracts pursuant to 


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1 section 202(h) of the Housing Act of 1959 (Public 

2 Law 86–372; 73 Stat. 667); and loans under section 

3 202 of the Housing Act of 1959 (Public Law 86– 

4 372; 73 Stat. 667). 

5 (3) Amounts recaptured under this heading, the 

6 heading ‘‘Annual Contributions for Assisted Hous7 ing’’, or the heading ‘‘Housing Certificate Fund’’ 

8 may be used for renewals of or amendments to sec9 tion 8 project-based contracts or for performance10 based contract administrators, notwithstanding the 

11 purposes for which such amounts were appropriated. 

12 HOUSING FOR THE ELDERLY

13 For capital advances, including amendments to cap14 ital advance contracts, for housing for the elderly, as au15 thorized by section 202 of the Housing Act of 1959 (12 

16 U.S.C. 1701(q)), as amended, and for project rental as17 sistance for the elderly under section 202(c)(2) of such 

18 Act, including amendments to contracts for such assist19 ance and renewal of expiring contracts for such assistance 

20 for up to a 1-year term, and for supportive services associ21 ated with the housing, $1,000,000,000, to remain avail22 able until September 30, 2013, of which up to 

23 $872,000,000 shall be for capital advance and project24 based rental assistance awards: Provided, That, of the 

25 amount provided under this heading, up to $90,000,000 


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1 shall be for service coordinators and the continuation of 

2 existing congregate service grants for residents of assisted 

3 housing projects, and of which up to $25,000,000 shall 

4 be for grants under section 202b of the Housing Act of 

5 1959 (12 U.S.C. 1701q–2) for conversion of eligible 

6 projects under such section to assisted living or related 

7 use and for substantial and emergency capital repairs as 

8 determined by the Secretary: Provided further, That of the 

9 amount made available under this heading, $20,000,000 

10 shall be available to the Secretary of Housing and Urban 

11 Development only for making competitive grants to pri12 vate nonprofit organizations and consumer cooperatives 

13 for covering costs of architectural and engineering work, 

14 site control, and other planning relating to the develop15 ment of supportive housing for the elderly that is eligible 

16 for assistance under section 202 of the Housing Act of 

17 1959 (12 U.S.C. 1701q): Provided further, That amounts 

18 under this heading shall be available for Real Estate As19 sessment Center inspections and inspection-related activi20 ties associated with section 202 capital advance projects: 

21 Provided further, That up to $2,000,000 of the total 

22 amount made available under this heading shall be for 

23 technical assistance to improve grant applications and to 

24 facilitate the development of housing for the elderly under 

25 section 202 of the Housing Act of 1959, and supportive 


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1 housing for persons with disabilities under section 811 of 

2 the Cranston-Gonzalez National Affordable Housing Act: 

3 Provided further, That the Secretary may waive the provi4 sions of section 202 governing the terms and conditions 

5 of project rental assistance, except that the initial contract 

6 term for such assistance shall not exceed 5 years in dura7 tion. 

8 HOUSING FOR PERSONS WITH DISABILITIES

9 For capital advance contracts, including amendments 

10 to capital advance contracts, for supportive housing for 

11 persons with disabilities, as authorized by section 811 of 

12 the Cranston-Gonzalez National Affordable Housing Act 

13 (42 U.S.C. 8013), for project rental assistance for sup14 portive housing for persons with disabilities under section 

15 811(d)(2) of such Act, including amendments to contracts 

16 for such assistance and renewal of expiring contracts for 

17 such assistance for up to a 1-year term, and for supportive 

18 services associated with the housing for persons with dis19 abilities as authorized by section 811(b)(1) of such Act, 

20 and for tenant-based rental assistance contracts entered 

21 into pursuant to section 811 of such Act, $350,000,000, 

22 of which up to $214,000,000 shall be for capital advances 

23 and project-based rental assistance contracts, to remain 

24 available until September 30, 2013: Provided further, 

25 That, of the amount provided under this heading, 


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1 $87,100,000 shall be for amendments or renewal of ten2 ant-based assistance contracts entered into prior to fiscal 

3 year 2005 (only one amendment authorized for any such 

4 contract): Provided further, That all tenant-based assist5 ance made available under this heading shall continue to 

6 remain available only to persons with disabilities: Provided 

7 further, That the Secretary may waive the provisions of 

8 section 811 governing the terms and conditions of project 

9 rental assistance and tenant-based assistance, except that 

10 the initial contract term for such assistance shall not ex11 ceed 5 years in duration: Provided further, That amounts 

12 made available under this heading shall be available for 

13 Real Estate Assessment Center inspections and inspec14 tion-related activities associated with section 811 Capital 

15 Advance Projects. 

16 HOUSING COUNSELING ASSISTANCE

17 For contracts, grants, and other assistance excluding 

18 loans, as authorized under section 106 of the Housing and 

19 Urban Development Act of 1968, as amended(12 U.S.C. 

20 1701(x)), $70,000,000 (increased by $5,000,000), includ21 ing up to $2,500,000 for administrative contract services, 

22 to remain available until September 30, 2011: Provided, 

23 That funds shall be used for providing counseling and ad24 vice to tenants and homeowners, both current and pro25 spective, with respect to property maintenance, financial 


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1 management/literacy, and such other matters as may be 

2 appropriate to assist them in improving their housing con3 ditions, meeting their financial needs, and fulfilling the re4 sponsibilities of tenancy or homeownership; for program 

5 administration; and for housing counselor training. 

6 ENERGY INNOVATION FUND

7 For an Energy Innovation Fund to enable the Fed8 eral Housing Administration and the new Office of Sus9 tainability to catalyze innovations in the residential energy 

10 efficiency sector that have promise of replicability and help 

11 create a standardized home energy efficient retrofit mar12 ket, $50,000,000, to remain available until September 30, 

13 2013: Provided, That $25,000,000 shall be for the Energy 

14 Efficient Mortgage Innovation pilot program, directed at 

15 the single family housing market: Provided further, That 

16 $25,000,000 shall be for the Multifamily Energy Pilot, di17 rected at the multifamily housing market. 

18 OTHER ASSISTED HOUSING PROGRAMS

19 RENTAL HOUSING ASSISTANCE

20 For amendments to contracts under section 101 of 

21 the Housing and Urban Development Act of 1965 (12 

22 U.S.C. 1701s) and section 236(f)(2) of the National 

23 Housing Act (12 U.S.C. 1715z–1) in State-aided, non-in24 sured rental housing projects, $40,000,000, to remain 

25 available until expended. 


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1 RENT SUPPLEMENT

2 (RESCISSION)

3 Of the amounts recaptured from terminated con4 tracts under section 101 of the Housing and Urban Devel5 opment Act of 1965 (12 U.S.C. 1701s) and section 236 

6 of the National Housing Act (12 U.S.C. 1715z–1) 

7 $27,600,000 are rescinded. 

8 PAYMENT TO MANUFACTURED HOUSING FEES TRUST

9 FUND

10 For necessary expenses as authorized by the National 

11 Manufactured Housing Construction and Safety Stand12 ards Act of 1974 (42 U.S.C. 5401 et seq.), up to 

13 $16,000,000, to remain available until expended, of which 

14 $7,000,000 is to be derived from the Manufactured Hous15 ing Fees Trust Fund: Provided, That not to exceed the 

16 total amount appropriated under this heading shall be 

17 available from the general fund of the Treasury to the ex18 tent necessary to incur obligations and make expenditures 

19 pending the receipt of collections to the Fund pursuant 

20 to section 620 of such Act: Provided further, That the 

21 amount made available under this heading from the gen22 eral fund shall be reduced as such collections are received 

23 during fiscal year 2010 so as to result in a final fiscal 

24 year 2010 appropriation from the general fund estimated 

25 at not more than $9,000,000 and fees pursuant to such 


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1 section 620 shall be modified as necessary to ensure such 

2 a final fiscal year 2010 appropriation: Provided further, 

3 That for the dispute resolution and installation programs, 

4 the Secretary of Housing and Urban Development may 

5 assess and collect fees from any program participant: Pro6 vided further, That such collections shall be deposited into 

7 the Fund, and the Secretary, as provided herein, may use 

8 such collections, as well as fees collected under section 

9 620, for necessary expenses of such Act: Provided further, 

10 That notwithstanding the requirements of section 620 of 

11 such Act, the Secretary may carry out responsibilities of 

12 the Secretary under such Act through the use of approved 

13 service providers that are paid directly by the recipients 

14 of their services. 

15 FEDERAL HOUSING ADMINISTRATION

16 MUTUAL MORTGAGE INSURANCE PROGRAM ACCOUNT

17 (INCLUDING TRANSFERS OF FUNDS)

18 During fiscal year 2010, commitments to guarantee 

19 single family loans insured under the Mutual Mortgage In20 surance Fund shall not exceed a loan principal of 

21 $400,000,000,000: Provided, That for new loans guaran22 teed pursuant to section 255 of the National Housing Act 

23 (12 U.S.C. 1715z–20), the Secretary shall adjust the fac24 tors used to calculate the principal limit (as such term 

25 is defined in HUD Handbook 4235.1) that were assumed 


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1 in the President’s Budget Request for 2010 for such 

2 loans, as necessary to ensure that the program operates 

3 at a net zero subsidy rate: Provided further, That during 

4 fiscal year 2010, obligations to make direct loans to carry 

5 out the purposes of section 204(g) of the National Hous6 ing Act, as amended, shall not exceed $50,000,000: Pro7 vided further, That the foregoing amount shall be for loans 

8 to nonprofit and governmental entities in connection with 

9 sales of single family real properties owned by the Sec10 retary and formerly insured under the Mutual Mortgage 

11 Insurance Fund. For administrative contract expenses of 

12 the Federal Housing Administration, $188,900,000, of 

13 which up to $70,794,000 may be transferred to the Work14 ing Capital Fund, and of which up to $7,500,000 shall 

15 be for education and outreach of FHA single family loan 

16 products: Provided further, That to the extent guaranteed 

17 loan commitments exceed $200,000,000,000 on or before 

18 April 1, 2010, an additional $1,400 for administrative 

19 contract expenses shall be available for each $1,000,000 

20 in additional guaranteed loan commitments (including a 

21 pro rata amount for any amount below $1,000,000), but 

22 in no case shall funds made available by this proviso ex23 ceed $30,000,000. 


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1 GENERAL AND SPECIAL RISK PROGRAM ACCOUNT

2 For the cost of guaranteed loans, as authorized by 

3 sections 238 and 519 of the National Housing Act (12 

4 U.S.C. 1715z–3 and 1735c), including the cost of loan 

5 guarantee modifications, as that term is defined in section 

6 502 of the Congressional Budget Act of 1974, as amend7 ed, $8,600,000, to remain available until expended: Pro8 vided, That commitments to guarantee loans shall not ex9 ceed $15,000,000,000 in total loan principal, any part of 

10 which is to be guaranteed. 

11 Gross obligations for the principal amount of direct 

12 loans, as authorized by sections 204(g), 207(l), 238, and 

13 519(a) of the National Housing Act, shall not exceed 

14 $20,000,000, which shall be for loans to nonprofit and 

15 governmental entities in connection with the sale of single16 family real properties owned by the Secretary and for17 merly insured under such Act. 

18 GOVERNMENT NATIONAL MORTGAGE ASSOCIATION

19 GUARANTEES OF MORTGAGE-BACKED SECURITIES LOAN

20 GUARANTEE PROGRAM ACCOUNT

21 New commitments to issue guarantees to carry out 

22 the purposes of section 306 of the National Housing Act, 

23 as amended (12 U.S.C. 1721(g)), shall not exceed 

24 $500,000,000,000, to remain available until September 

25 30, 2011. 


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1 POLICY DEVELOPMENT AND RESEARCH

2 RESEARCH AND TECHNOLOGY

3 For contracts, grants, and necessary expenses of pro4 grams of research and studies relating to housing and 

5 urban problems, not otherwise provided for, as authorized 

6 by title V of the Housing and Urban Development Act 

7 of 1970 (12 U.S.C. 1701z–1 et seq.), including carrying 

8 out the functions of the Secretary of Housing and Urban 

9 Development under section 1(a)(1)(i) of Reorganization 

10 Plan No. 2 of 1968, $50,000,000, to remain available 

11 until September 30, 2011. 

12 FAIR HOUSING AND EQUAL OPPORTUNITY

13 FAIR HOUSING ACTIVITIES

14 For contracts, grants, and other assistance, not oth15 erwise provided for, as authorized by title VIII of the Civil 

16 Rights Act of 1968, as amended by the Fair Housing 

17 Amendments Act of 1988, and section 561 of the Housing 

18 and Community Development Act of 1987, as amended, 

19 $72,000,000, to remain available until September 30, 

20 2011, of which $42,500,000 shall be to carry out activities 

21 pursuant to such section 561: Provided, That notwith22 standing 31 U.S.C. 3302, the Secretary may assess and 

23 collect fees to cover the costs of the Fair Housing Training 

24 Academy, and may use such funds to provide such train25 ing: Provided further, That no funds made available under 


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1 this heading shall be used to lobby the executive or legisla2 tive branches of the Federal Government in connection 

3 with a specific contract, grant or loan. 

4 OFFICE OF LEAD HAZARD CONTROL AND HEALTHY

5 HOMES

6 LEAD HAZARD REDUCTION

7 For the Lead Hazard Reduction Program, as author8 ized by section 1011 of the Residential Lead-Based Paint 

9 Hazard Reduction Act of 1992, $140,000,000, to remain 

10 available until September 30, 2011, of which not less than 

11 $20,000,000 shall be for the Healthy Homes Initiative, 

12 pursuant to sections 501 and 502 of the Housing and 

13 Urban Development Act of 1970 that shall include re14 search, studies, testing, and demonstration efforts, includ15 ing education and outreach concerning lead-based paint 

16 poisoning and other housing-related diseases and hazards: 

17 Provided, That for purposes of environmental review, pur18 suant to the National Environmental Policy Act of 1969 

19 (42 U.S.C. 4321 et seq.) and other provisions of the law 

20 that further the purposes of such Act, a grant under the 

21 Healthy Homes Initiative, Operation Lead Elimination 

22 Action Plan (LEAP), or the Lead Technical Studies pro23 gram under this heading or under prior appropriations 

24 Acts for such purposes under this heading, shall be consid25 ered to be funds for a special project for purposes of secVerDate Nov 24 2008 02:06 Sep 19, 2009 Jkt 079200 PO 00000 Frm 00112 Fmt 6652 Sfmt 6401 E:\BILLS\H3288.PP H3288

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1 tion 305(c) of the Multifamily Housing Property Disposi2 tion Reform Act of 1994: Provided further, That amounts 

3 made available under this heading in this or prior appro4 priations Acts, and that still remain available, may be used 

5 for any purpose under this heading notwithstanding the 

6 purpose for which such amounts were appropriated if a 

7 program competition is undersubscribed and there are 

8 other program competitions under this heading that are 

9 oversubscribed. 

10 MANAGEMENT AND ADMINISTRATION

11 WORKING CAPITAL FUND

12 (INCLUDING TRANSFER OF FUNDS)

13 For additional capital for the Working Capital Fund 

14 (42 U.S.C. 3535) for the maintenance of infrastructure 

15 for Department-wide information technology systems, for 

16 the continuing operation and maintenance of both Depart17 ment-wide and program-specific information systems, and 

18 for program-related maintenance activities, $200,000,000, 

19 to remain available until September 30, 2011: Provided, 

20 That any amounts transferred to this Fund under this Act 

21 shall remain available until expended: Provided further, 

22 That any amounts transferred to this Fund from amounts 

23 appropriated by previously enacted appropriations Acts or 

24 from within this Act may be used only for the purposes 

25 specified under this Fund, in addition to the purposes for 


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1 which such amounts were appropriated: Provided further, 

2 That up to $15,000,000 may be transferred to this ac3 count from all other accounts in this title (except for the 

4 Office of the Inspector General account) that make funds 

5 available for salaries and expenses. 

6 OFFICE OF INSPECTOR GENERAL

7 For necessary salaries and expenses of the Office of 

8 Inspector General in carrying out the Inspector General 

9 Act of 1978, as amended, $120,000,000: Provided, That 

10 the Inspector General shall have independent authority 

11 over all personnel issues within this office. 

12 TRANSFORMATION INITIATIVE

13 For necessary expenses for combating mortgage 

14 fraud, $20,000,000, to remain available until expended. 

15 In addition, of the amounts made available in this 

16 Act under each of the following headings under this title, 

17 the Secretary may transfer to, and merge with, this ac18 count up to 1 percent from each such account, and such 

19 transferred amounts shall be available until September 30, 

20 2012, for: (1) research, evaluation, and program metrics; 

21 (2) program demonstrations; (3) technical assistance and 

22 capacity building; and (4) information technology: ‘‘Public 

23 Housing Capital Fund’’, ‘‘Energy Innovation Fund’’, 

24 ‘‘Native American Housing Block Grants’’, ‘‘Native Ha25 waiian Housing Block Grants’’, ‘‘Revitalization of Severely 


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1 Distressed Public Housing’’, ‘‘Brownfields Redevelop2 ment’’, ‘‘Section 108 Loan Guarantees’’, ‘‘Housing Oppor3 tunities for Persons With AIDS’’, ‘‘Community Develop4 ment Fund’’, ‘‘HOME Investment Partnerships Pro5 gram’’, ‘‘Self-Help and Assisted Homeownership Oppor6 tunity Program’’, ‘‘Homeless Assistance Grants’’, ‘‘Hous7 ing for the Elderly’’, ‘‘Housing for Persons With Disabil8 ities’’, ‘‘Housing Counseling Assistance’’, ‘‘Payment to 

9 Manufactured Housing Fees Trust Fund’’, ‘‘Mutual Mort10 gage Insurance Program Account’’, ‘‘General and Special 

11 Risk Program Account’’, ‘‘Research and Technology’’, 

12 ‘‘Lead Hazard Reduction’’, ‘‘Rental Housing Assistance’’, 

13 and ‘‘Fair Housing Activities’’: Provided, That the Sec14 retary shall fund each of the four general purposes speci15 fied above at not less than 10 percent, and not more than 

16 50 percent, of the aggregate transferred amount. 

17 GENERAL PROVISIONS—DEPARTMENT OF HOUSING AND

18 URBAN DEVELOPMENT

19 SEC. 201. Fifty percent of the amounts of budget au20 thority, or in lieu thereof 50 percent of the cash amounts 

21 associated with such budget authority, that are recaptured 

22 from projects described in section 1012(a) of the Stewart 

23 B. McKinney Homeless Assistance Amendments Act of 

24 1988 (42 U.S.C. 1437 note) shall be rescinded or in the 

25 case of cash, shall be remitted to the Treasury, and such 


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1 amounts of budget authority or cash recaptured and not 

2 rescinded or remitted to the Treasury shall be used by 

3 State housing finance agencies or local governments or 

4 local housing agencies with projects approved by the Sec5 retary of Housing and Urban Development for which set6 tlement occurred after January 1, 1992, in accordance 

7 with such section. Notwithstanding the previous sentence, 

8 the Secretary may award up to 15 percent of the budget 

9 authority or cash recaptured and not rescinded or remitted 

10 to the Treasury to provide project owners with incentives 

11 to refinance their project at a lower interest rate. 

12 SEC. 202. None of the amounts made available under 

13 this Act may be used during fiscal year 2010 to investigate 

14 or prosecute under the Fair Housing Act any otherwise 

15 lawful activity engaged in by one or more persons, includ16 ing the filing or maintaining of a non-frivolous legal ac17 tion, that is engaged in solely for the purpose of achieving 

18 or preventing action by a Government official or entity, 

19 or a court of competent jurisdiction. 

20 SEC. 203. (a) Notwithstanding section 854(c)(1)(A) 

21 of the AIDS Housing Opportunity Act (42 U.S.C. 

22 12903(c)(1)(A)), from any amounts made available under 

23 this title for fiscal year 2010 that are allocated under such 

24 section, the Secretary of Housing and Urban Development 


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1 shall allocate and make a grant, in the amount determined 

2 under subsection (b), for any State that— 

3 (1) received an allocation in a prior fiscal year 

4 under clause (ii) of such section; and 

5 (2) is not otherwise eligible for an allocation for 

6 fiscal year 2010 under such clause (ii) because the 

7 areas in the State outside of the metropolitan statis8 tical areas that qualify under clause (i) in fiscal year 

9 2010 do not have the number of cases of acquired 

10 immunodeficiency syndrome (AIDS) required under 

11 such clause. 

12 (b) The amount of the allocation and grant for any 

13 State described in subsection (a) shall be an amount based 

14 on the cumulative number of AIDS cases in the areas of 

15 that State that are outside of metropolitan statistical 

16 areas that qualify under clause (i) of such section 

17 854(c)(1)(A) in fiscal year 2010, in proportion to AIDS 

18 cases among cities and States that qualify under clauses 

19 (i) and (ii) of such section and States deemed eligible 

20 under subsection (a). 

21 (c) Notwithstanding any other provision of law, the 

22 amount allocated for fiscal year 2010 under section 854(c) 

23 of the AIDS Housing Opportunity Act (42 U.S.C. 

24 12903(c)), to the City of New York, New York, on behalf 

25 of the New York-Wayne-White Plains, New York-New 


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1 Jersey Metropolitan Division (hereafter ‘‘metropolitan di2 vision’’) of the New York-Newark-Edison, NY-NJ-PA 

3 Metropolitan Statistical Area, shall be adjusted by the 

4 Secretary of Housing and Urban Development by: (1) allo5 cating to the City of Jersey City, New Jersey, the propor6 tion of the metropolitan area’s or division’s amount that 

7 is based on the number of cases of AIDS reported in the 

8 portion of the metropolitan area or division that is located 

9 in Hudson County, New Jersey, and adjusting for the pro10 portion of the metropolitan division’s high incidence bonus 

11 if this area in New Jersey also has a higher than average 

12 per capita incidence of AIDS; and (2) allocating to the 

13 City of Paterson, New Jersey, the proportion of the metro14 politan area’s or division’s amount that is based on the 

15 number of cases of AIDS reported in the portion of the 

16 metropolitan area or division that is located in Bergen 

17 County and Passaic County, New Jersey, and adjusting 

18 for the proportion of the metropolitan division’s high inci19 dence bonus if this area in New Jersey also has a higher 

20 than average per capita incidence of AIDS. The recipient 

21 cities shall use amounts allocated under this subsection 

22 to carry out eligible activities under section 855 of the 

23 AIDS Housing Opportunity Act (42 U.S.C. 12904) in 

24 their respective portions of the metropolitan division that 

25 is located in New Jersey. 


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1 (d) Notwithstanding any other provision of law, the 

2 amount allocated for fiscal year 2010 under section 854(c) 

3 of the AIDS Housing Opportunity Act (42 U.S.C. 

4 12903(c)) to areas with a higher than average per capita 

5 incidence of AIDS, shall be adjusted by the Secretary on 

6 the basis of area incidence reported over a 3-year period. 

7 SEC. 204. Except as explicitly provided in law, any 

8 grant, cooperative agreement or other assistance made 

9 pursuant to title II of this Act shall be made on a competi10 tive basis and in accordance with section 102 of the De11 partment of Housing and Urban Development Reform Act 

12 of 1989 (42 U.S.C. 3545). 

13 SEC. 205. Funds of the Department of Housing and 

14 Urban Development subject to the Government Corpora15 tion Control Act or section 402 of the Housing Act of 

16 1950 shall be available, without regard to the limitations 

17 on administrative expenses, for legal services on a contract 

18 or fee basis, and for utilizing and making payment for 

19 services and facilities of the Federal National Mortgage 

20 Association, Government National Mortgage Association, 

21 Federal Home Loan Mortgage Corporation, Federal Fi22 nancing Bank, Federal Reserve banks or any member 

23 thereof, Federal Home Loan banks, and any insured bank 

24 within the meaning of the Federal Deposit Insurance Cor25 poration Act, as amended (12 U.S.C. 1811–1). 


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1 SEC. 206. Unless otherwise provided for in this Act 

2 or through a reprogramming of funds, no part of any ap3 propriation for the Department of Housing and Urban 

4 Development shall be available for any program, project 

5 or activity in excess of amounts set forth in the budget 

6 estimates submitted to Congress. 

7 SEC. 207. Corporations and agencies of the Depart8 ment of Housing and Urban Development which are sub9 ject to the Government Corporation Control Act, are here10 by authorized to make such expenditures, within the limits 

11 of funds and borrowing authority available to each such 

12 corporation or agency and in accordance with law, and to 

13 make such contracts and commitments without regard to 

14 fiscal year limitations as provided by section 104 of such 

15 Act as may be necessary in carrying out the programs set 

16 forth in the budget for 2010 for such corporation or agen17 cy except as hereinafter provided: Provided, That collec18 tions of these corporations and agencies may be used for 

19 new loan or mortgage purchase commitments only to the 

20 extent expressly provided for in this Act (unless such loans 

21 are in support of other forms of assistance provided for 

22 in this or prior appropriations Acts), except that this pro23 viso shall not apply to the mortgage insurance or guaranty 

24 operations of these corporations, or where loans or mortVerDate Nov 24 2008 02:06 Sep 19, 2009 Jkt 079200 PO 00000 Frm 00120 Fmt 6652 Sfmt 6401 E:\BILLS\H3288.PP H3288

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1 gage purchases are necessary to protect the financial in2 terest of the United States Government. 

3 SEC. 208. None of the funds provided in this title 

4 for technical assistance, training, or management improve5 ments may be obligated or expended unless the Secretary 

6 of Housing and Urban Development provides to the Com7 mittees on Appropriations a description of each proposed 

8 activity and a detailed budget estimate of the costs associ9 ated with each program, project or activity as part of the 

10 Budget Justifications. For fiscal year 2010, the Secretary 

11 shall transmit this information to the Committees by No12 vember 15, 2009, for 30 days of review. 

13 SEC. 209. The Secretary of Housing and Urban De14 velopment shall provide quarterly reports to the House 

15 and Senate Committees on Appropriations regarding all 

16 uncommitted, unobligated, recaptured and excess funds in 

17 each program and activity within the jurisdiction of the 

18 Department and shall submit additional, updated budget 

19 information to these Committees upon request. 

20 SEC. 210. (a) Notwithstanding any other provision 

21 of law, the amount allocated for fiscal year 2010 under 

22 section 854(c) of the AIDS Housing Opportunity Act (42 

23 U.S.C. 12903(c)), to the City of Wilmington, Delaware, 

24 on behalf of the Wilmington, Delaware-Maryland-New 

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1 vision’’), shall be adjusted by the Secretary of Housing 

2 and Urban Development by allocating to the State of New 

3 Jersey the proportion of the metropolitan division’s 

4 amount that is based on the number of cases of AIDS 

5 reported in the portion of the metropolitan division that 

6 is located in New Jersey, and adjusting for the proportion 

7 of the metropolitan division’s high incidence bonus if this 

8 area in New Jersey also has a higher than average per 

9 capita incidence of AIDS. The State of New Jersey shall 

10 use amounts allocated to the State under this subsection 

11 to carry out eligible activities under section 855 of the 

12 AIDS Housing Opportunity Act (42 U.S.C. 12904) in the 

13 portion of the metropolitan division that is located in New 

14 Jersey. 

15 (b) Notwithstanding any other provision of law, the 

16 Secretary of Housing and Urban Development shall allo17 cate to Wake County, North Carolina, the amounts that 

18 otherwise would be allocated for fiscal year 2010 under 

19 section 854(c) of the AIDS Housing Opportunity Act (42 

20 U.S.C. 12903(c)) to the City of Raleigh, North Carolina, 

21 on behalf of the Raleigh-Cary, North Carolina Metropoli22 tan Statistical Area. Any amounts allocated to Wake 

23 County shall be used to carry out eligible activities under 

24 section 855 of such Act (42 U.S.C. 12904) within such 

25 metropolitan statistical area. 


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1 (c) Notwithstanding section 854(c) of the AIDS 

2 Housing Opportunity Act (42 U.S.C. 12903(c)), the Sec3 retary of Housing and Urban Development may adjust the 

4 allocation of the amounts that otherwise would be allo5 cated for fiscal year 2010 under section 854(c) of such 

6 Act, upon the written request of an applicant, in conjunc7 tion with the State(s), for a formula allocation on behalf 

8 of a metropolitan statistical area, to designate the State 

9 or States in which the metropolitan statistical area is lo10 cated as the eligible grantee(s) of the allocation. In the 

11 case that a metropolitan statistical area involves more 

12 than one State, such amounts allocated to each State shall 

13 be in proportion to the number of cases of AIDS reported 

14 in the portion of the metropolitan statistical area located 

15 in that State. Any amounts allocated to a State under this 

16 section shall be used to carry out eligible activities within 

17 the portion of the metropolitan statistical area located in 

18 that State. 

19 SEC. 211. The President’s formal budget request for 

20 fiscal year 2010, as well as the Department of Housing 

21 and Urban Development’s congressional budget justifica22 tions to be submitted to the Committees on Appropriations 

23 of the House of Representatives and the Senate, shall use 

24 the identical account and sub-account structure provided 

25 under this Act. 


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1 SEC. 212. A public housing agency or such other enti2 ty that administers Federal housing assistance for the 

3 Housing Authority of the county of Los Angeles, Cali4 fornia, the States of Alaska, Iowa, and Mississippi shall 

5 not be required to include a resident of public housing or 

6 a recipient of assistance provided under section 8 of the 

7 United States Housing Act of 1937 on the board of direc8 tors or a similar governing board of such agency or entity 

9 as required under section (2)(b) of such Act. Each public 

10 housing agency or other entity that administers Federal 

11 housing assistance under section 8 for the Housing Au12 thority of the county of Los Angeles, California and the 

13 States of Alaska, Iowa, and Mississippi that chooses not 

14 to include a resident of Public Housing or a recipient of 

15 section 8 assistance on the board of directors or a similar 

16 governing board shall establish an advisory board of not 

17 less than six residents of public housing or recipients of 

18 section 8 assistance to provide advice and comment to the 

19 public housing agency or other administering entity on 

20 issues related to public housing and section 8. Such advi21 sory board shall meet not less than quarterly. 

22 SEC. 213. (a) Notwithstanding any other provision 

23 of law, subject to the conditions listed in subsection (b), 

24 for fiscal years 2008 and 2009, the Secretary of Housing 

25 and Urban Development may authorize the transfer of 


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1 some or all project-based assistance, debt and statutorily 

2 required low-income and very low-income use restrictions, 

3 associated with one or more multifamily housing project 

4 to another multifamily housing project or projects. 

5 (b) The transfer authorized in subsection (a) is sub6 ject to the following conditions: 

7 (1) The number of low-income and very low-in8 come units and the net dollar amount of Federal as9 sistance provided by the transferring project shall 

10 remain the same in the receiving project or projects. 

11 (2) The transferring project shall, as deter12 mined by the Secretary, be either physically obsolete 

13 or economically non-viable. 

14 (3) The receiving project or projects shall meet 

15 or exceed applicable physical standards established 

16 by the Secretary. 

17 (4) The owner or mortgagor of the transferring 

18 project shall notify and consult with the tenants re19 siding in the transferring project and provide a cer20 tification of approval by all appropriate local govern21 mental officials. 

22 (5) The tenants of the transferring project who 

23 remain eligible for assistance to be provided by the 

24 receiving project or projects shall not be required to 

25 vacate their units in the transferring project or 


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1 projects until new units in the receiving project are 

2 available for occupancy. 

3 (6) The Secretary determines that this transfer 

4 is in the best interest of the tenants. 

5 (7) If either the transferring project or the re6 ceiving project or projects meets the condition speci7 fied in subsection (c)(2)(A), any lien on the receiving 

8 project resulting from additional financing obtained 

9 by the owner shall be subordinate to any FHA-in10 sured mortgage lien transferred to, or placed on, 

11 such project by the Secretary. 

12 (8) If the transferring project meets the re13 quirements of subsection (c)(2)(E), the owner or 

14 mortgagor of the receiving project or projects shall 

15 execute and record either a continuation of the exist16 ing use agreement or a new use agreement for the 

17 project where, in either case, any use restrictions in 

18 such agreement are of no lesser duration than the 

19 existing use restrictions. 

20 (9) Any financial risk to the FHA General and 

21 Special Risk Insurance Fund, as determined by the 

22 Secretary, would be reduced as a result of a transfer 

23 completed under this section. 


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1 (10) The Secretary determines that Federal li2 ability with regard to this project will not be in3 creased. 

4 (c) For purposes of this section— 

5 (1) the terms ‘‘low-income’’ and ‘‘very low-in6 come’’ shall have the meanings provided by the stat7 ute and/or regulations governing the program under 

8 which the project is insured or assisted; 

9 (2) the term ‘‘multifamily housing project’’ 

10 means housing that meets one of the following con11 ditions— 

12 (A) housing that is subject to a mortgage 

13 insured under the National Housing Act; 

14 (B) housing that has project-based assist15 ance attached to the structure including 

16 projects undergoing mark to market debt re17 structuring under the Multifamily Assisted 

18 Housing Reform and Affordability Housing Act; 

19 (C) housing that is assisted under section 

20 202 of the Housing Act of 1959 as amended by 

21 section 801 of the Cranston-Gonzalez National 

22 Affordable Housing Act; 

23 (D) housing that is assisted under section 

24 202 of the Housing Act of 1959, as such sec25 tion existed before the enactment of the CranVerDate Nov 24 2008 02:06 Sep 19, 2009 Jkt 079200 PO 00000 Frm 00127 Fmt 6652 Sfmt 6401 E:\BILLS\H3288.PP H3288

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1 ston-Gonzalez National Affordable Housing Act; 

2 or 

3 (E) housing or vacant land that is subject 

4 to a use agreement; 

5 (3) the term ‘‘project-based assistance’’ 

6 means— 

7 (A) assistance provided under section 8(b) 

8 of the United States Housing Act of 1937; 

9 (B) assistance for housing constructed or 

10 substantially rehabilitated pursuant to assist11 ance provided under section 8(b)(2) of such Act 

12 (as such section existed immediately before Oc13 tober 1, 1983); 

14 (C) rent supplement payments under sec15 tion 101 of the Housing and Urban Develop16 ment Act of 1965; 

17 (D) interest reduction payments under sec18 tion 236 and/or additional assistance payments 

19 under section 236(f)(2) of the National Hous20 ing Act; and 

21 (E) assistance payments made under sec22 tion 202(c)(2) of the Housing Act of 1959; 

23 (4) the term ‘‘receiving project or projects’’ 

24 means the multifamily housing project or projects to 

25 which some or all of the project-based assistance, 


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1 debt, and statutorily required use low-income and 

2 very low-income restrictions are to be transferred; 

3 (5) the term ‘‘transferring project’’ means the 

4 multifamily housing project which is transferring 

5 some or all of the project-based assistance, debt and 

6 the statutorily required low-income and very low-in7 come use restrictions to the receiving project or 

8 projects; and 

9 (6) the term ‘‘Secretary’’ means the Secretary 

10 of Housing and Urban Development. 

11 SEC. 214. The funds made available for Native Alas12 kans under the heading ‘‘Native American Housing Block 

13 Grants’’ in title II of this Act shall be allocated to the 

14 same Native Alaskan housing block grant recipients that 

15 received funds in fiscal year 2005. 

16 SEC. 215. No funds provided under this title may be 

17 used for an audit of the Government National Mortgage 

18 Association that makes applicable requirements under the 

19 Federal Credit Reform Act of 1990 (2 U.S.C. 661 et seq.). 

20 SEC. 216. (a) No assistance shall be provided under 

21 section 8 of the United States Housing Act of 1937 (42 

22 U.S.C. 1437f) to any individual who— 

23 (1) is enrolled as a student at an institution of 

24 higher education (as defined under section 102 of 


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1 the Higher Education Act of 1965 (20 U.S.C. 

2 1002)); 

3 (2) is under 24 years of age; 

4 (3) is not a veteran; 

5 (4) is unmarried; 

6 (5) does not have a dependent child; 

7 (6) is not a person with disabilities, as such 

8 term is defined in section 3(b)(3)(E) of the United 

9 States Housing Act of 1937 (42 U.S.C. 

10 1437a(b)(3)(E)) and was not receiving assistance 

11 under such section 8 as of November 30, 2005; and 

12 (7) is not otherwise individually eligible, or has 

13 parents who, individually or jointly, are not eligible, 

14 to receive assistance under section 8 of the United 

15 States Housing Act of 1937 (42 U.S.C. 1437f). 

16 (b) For purposes of determining the eligibility of a 

17 person to receive assistance under section 8 of the United 

18 States Housing Act of 1937 (42 U.S.C. 1437f), any finan19 cial assistance (in excess of amounts received for tuition) 

20 that an individual receives under the Higher Education 

21 Act of 1965 (20 U.S.C. 1001 et seq.), from private 

22 sources, or an institution of higher education (as defined 

23 under the Higher Education Act of 1965 (20 U.S.C. 

24 1002)), shall be considered income to that individual, exVerDate Nov 24 2008 02:06 Sep 19, 2009 Jkt 079200 PO 00000 Frm 00130 Fmt 6652 Sfmt 6401 E:\BILLS\H3288.PP H3288

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1 cept for a person over the age of 23 with dependent chil2 dren. 

3 SEC. 217. Notwithstanding the limitation in the first 

4 sentence of section 255(g) of the National Housing Act 

5 (12 U.S.C. 1715z–20(g)), the Secretary of Housing and 

6 Urban Development may, until September 30, 2010, in7 sure and enter into commitments to insure mortgages 

8 under section 255 of the National Housing Act (12 U.S.C. 

9 1715z–20). 

10 SEC. 218. Notwithstanding any other provision of 

11 law, in fiscal year 2010, in managing and disposing of any 

12 multifamily property that is owned or has a mortgage held 

13 by the Secretary of Housing and Urban Development, the 

14 Secretary shall maintain any rental assistance payments 

15 under section 8 of the United States Housing Act of 1937 

16 and other programs that are attached to any dwelling 

17 units in the property. To the extent the Secretary deter18 mines, in consultation with the tenants and the local gov19 ernment, that such a multifamily property owned or held 

20 by the Secretary is not feasible for continued rental assist21 ance payments under such section 8 or other programs, 

22 based on consideration of: (1) the costs of rehabilitating 

23 and operating the property and all available Federal, 

24 State, and local resources, including rent adjustments 

25 under section 524 of the Multifamily Assisted Housing 


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1 Reform and Affordability Act of 1997 (‘‘MAHRAA’’); and 

2 (2) environmental conditions that cannot be remedied in 

3 a cost-effective fashion, the Secretary may, in consultation 

4 with the tenants of that property, contract for project5 based rental assistance payments with an owner or owners 

6 of other existing housing properties, or provide other rent7 al assistance. The Secretary shall also take appropriate 

8 steps to ensure that project-based contracts remain in ef9 fect prior to foreclosure, subject to the exercise of contrac10 tual abatement remedies to assist relocation of tenants for 

11 imminent major threats to health and safety. After dis12 position of any multifamily property described under this 

13 section, the contract and allowable rent levels on such 

14 properties shall be subject to the requirements under sec15 tion 524 of MAHRAA. 

16 SEC. 219. During fiscal year 2010, in the provision 

17 of rental assistance under section 8(o) of the United 

18 States Housing Act of 1937 (42 U.S.C. 1437f(o)) in con19 nection with a program to demonstrate the economy and 

20 effectiveness of providing such assistance for use in as21 sisted living facilities that is carried out in the counties 

22 of the State of Michigan notwithstanding paragraphs (3) 

23 and (18)(B)(iii) of such section 8(o), a family residing in 

24 an assisted living facility in any such county, on behalf 

25 of which a public housing agency provides assistance purVerDate Nov 24 2008 02:06 Sep 19, 2009 Jkt 079200 PO 00000 Frm 00132 Fmt 6652 Sfmt 6401 E:\BILLS\H3288.PP H3288

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1 suant to section 8(o)(18) of such Act, may be required, 

2 at the time the family initially receives such assistance, 

3 to pay rent in an amount exceeding 40 percent of the 

4 monthly adjusted income of the family by such a percent5 age or amount as the Secretary of Housing and Urban 

6 Development determines to be appropriate. 

7 SEC. 220. The Secretary of Housing and Urban De8 velopment shall report quarterly to the House of Rep9 resentatives and Senate Committees on Appropriations on 

10 HUD’s use of all sole source contracts, including terms 

11 of the contracts, cost, and a substantive rationale for 

12 using a sole source contract. 

13 SEC. 221. Notwithstanding any other provision of 

14 law, the recipient of a grant under section 202b of the 

15 Housing Act of 1959 (12 U.S.C. 1701q–z) after December 

16 26, 2000, in accordance with the unnumbered paragraph 

17 at the end of section 202(b) of such Act, may, at its op18 tion, establish a single-asset nonprofit entity to own the 

19 project and may lend the grant funds to such entity, which 

20 may be a private nonprofit organization described in sec21 tion 831 of the American Homeownership and Economic 

22 Opportunity Act of 2000. 

23 SEC. 222. (a) The amounts provided under the sub24 heading ‘‘Program Account’’ under the heading ‘‘Commu25 nity Development Loan Guarantees’’ may be used to guarVerDate Nov 24 2008 02:06 Sep 19, 2009 Jkt 079200 PO 00000 Frm 00133 Fmt 6652 Sfmt 6401 E:\BILLS\H3288.PP H3288

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1 antee, or make commitments to guarantee, notes, or other 

2 obligations issued by any State on behalf of non-entitle3 ment communities in the State in accordance with the re4 quirements of section 108 of the Housing and Community 

5 Development Act of 1974: Provided, That, any State re6 ceiving such a guarantee or commitment shall distribute 

7 all funds subject to such guarantee to the units of general 

8 local government in non-entitlement areas that received 

9 the commitment. 

10 (b) Not later than 60 days after the date of enact11 ment of this Act, the Secretary of Housing and Urban 

12 Development shall promulgate regulations governing the 

13 administration of the funds described under subsection 

14 (a). 

15 SEC. 223. Section 24 of the United States Housing 

16 Act of 1937 (42 U.S.C. 1437v) is amended— 

17 (1) in subsection (m)(1), by striking ‘‘fiscal 

18 year’’ and all that follows through the period at the 

19 end and inserting ‘‘fiscal year 2010.’’; and 

20 (2) in subsection (o), by striking ‘‘September’’ 

21 and all that follows through the period at the end 

22 and inserting ‘‘September 30, 2010.’’. 

23 SEC. 224. Public housing agencies that own and oper24 ate 400 or fewer public housing units may elect to be ex25 empt from any asset management requirement imposed by 


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1 the Secretary of Housing and Urban Development in con2 nection with the operating fund rule: Provided, That an 

3 agency seeking a discontinuance of a reduction of subsidy 

4 under the operating fund formula shall not be exempt 

5 from asset management requirements. 

6 SEC. 225. With respect to the use of amounts pro7 vided in this Act and in future Acts for the operation, cap8 ital improvement and management of public housing as 

9 authorized by sections 9(d) and 9(e) of the United States 

10 Housing Act of 1937 (42 U.S.C. 1437g(d) and (e)), the 

11 Secretary shall not impose any requirement or guideline 

12 relating to asset management that restricts or limits in 

13 any way the use of capital funds for central office costs 

14 pursuant to section 9(g)(1) or 9(g)(2) of the United States 

15 Housing Act of 1937 (42 U.S.C. 1437g(g)(1), (2)): Pro16 vided, however, that a public housing agency may not use 

17 capital funds authorized under section 9(d) for activities 

18 that are eligible under section 9(e) for assistance with 

19 amounts from the operating fund in excess of the amounts 

20 permitted under section 9(g)(1) or 9(g)(2). 

21 SEC. 226. No official or employee of the Department 

22 of Housing and Urban Development shall be designated 

23 as an allotment holder unless the Office of the Chief Fi24 nancial Officer has determined that such allotment holder 

25 has implemented an adequate system of funds control and 


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1 has received training in funds control procedures and di2 rectives. The Chief Financial Officer shall ensure that, not 

3 later than 90 days after the date of enactment of this Act, 

4 there is a trained allotment holder for each HUD sub5 account under the headings ‘‘Executive Direction’’ and 

6 ‘‘Administration, Operations, and Management’’ as well as 

7 each account receiving appropriations for ‘‘personnel com8 pensation and benefits’’ within the Department of Hous9 ing and Urban Development. 

10 SEC. 227. Payment of attorney fees in program-re11 lated litigation must be paid from individual program of12 fice personnel benefits and compensation funding. The an13 nual budget submission for program office personnel ben14 efit and compensation funding must include program-re15 lated litigation costs for attorney fees as a separate line 

16 item request. 

17 SEC. 228. The Secretary of the Department of Hous18 ing and Urban Development shall for Fiscal Year 2010 

19 and subsequent fiscal years, notify the public through the 

20 Federal Register and other means, as determined appro21 priate, of the issuance of a notice of the availability of 

22 assistance or notice of funding availability (NOFA) for 

23 any program or discretionary fund administered by the 

24 Secretary that is to be competitively awarded. Notwith25 standing any other provision of law, for Fiscal Year 2010 


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1 and subsequent fiscal years, the Secretary may make the 

2 NOFA available only on the Internet at the appropriate 

3 government website or websites or through other electronic 

4 media, as determined by the Secretary. 

5 SEC. 229. Prepayment and Refinancing. 

6 (a) APPROVAL OF PREPAYMENT OF DEBT.—Upon 

7 request of the project sponsor of a project assisted with 

8 a loan under section 202 of the Housing Act of 1959 (as 

9 in effect before the enactment of the Cranston-Gonzalez 

10 National Affordable Housing Act), for which the Sec11 retary’s consent to prepayment is required, the Secretary 

12 shall approve the prepayment of any indebtedness to the 

13 Secretary relating to any remaining principal and interest 

14 under the loan as part of a prepayment plan under 

15 which— 

16 (1) the project sponsor agrees to operate the 

17 project until the maturity date of the original loan 

18 under terms at least as advantageous to existing and 

19 future tenants as the terms required by the original 

20 loan agreement or any project-based rental assist21 ance payments contract under section 8 of the 

22 United States Housing Act of 1937 (or any other 

23 project-based rental housing assistance programs of 

24 the Department of Housing and Urban Develop25 ment, including the rent supplement program under 


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1 section 101 of the Housing and Urban Development 

2 Act of 1965 (12 U.S.C. 1701s)) or any successor 

3 project-based rental assistance program, except as 

4 provided by subsection (a)(2)(B); and 

5 (2) the prepayment may involve refinancing of 

6 the loan if such refinancing results— 

7 (A) in a lower interest rate on the prin8 cipal of the loan for the project and in reduc9 tions in debt service related to such loan; or 

10 (B) in the case of a project that is assisted 

11 with a loan under such section 202 carrying an 

12 interest rate of 6 percent or lower, a trans13 action under which— 

14 (i) the project owner shall address the 

15 physical needs of the project; 

16 (ii) the prepayment plan for the trans17 action, including the refinancing, shall 

18 meet a cost benefit analysis, as established 

19 by the Secretary, that the benefit of the 

20 transaction outweighs the cost of the 

21 transaction including any increases in rent 

22 charged to unassisted tenants; 

23 (iii) the overall cost for providing 

24 rental assistance under section 8 for the 


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1 project (if any) is not increased, except, 

2 upon approval by the Secretary to— 

3 (I) mark-up-to-market contracts 

4 pursuant to section 524(a)(3) of the 

5 Multifamily Assisted Housing Reform 

6 and Affordability Act (42 U.S.C. 

7 1437f note), as such section is carried 

8 out by the Secretary for properties 

9 owned by nonprofit organizations; or 

10 (II) mark-up-to-budget contracts 

11 pursuant to section 524(a)(4) of the 

12 Multifamily Assisted Housing Reform 

13 and Affordability Act (42 U.S.C. 

14 1437f note), as such section is carried 

15 out by the Secretary for properties 

16 owned by eligible owners (as such 

17 term is defined in section 202(k) of 

18 the Housing Act of 1959 (12 U.S.C. 

19 1701q(k)); 

20 (iv) the project owner may charge ten21 ants rent sufficient to meet debt service 

22 payments and operating cost requirements, 

23 as approved by the Secretary, if project24 based rental assistance is not available or 

25 is insufficient for the debt service and opVerDate Nov 24 2008 02:06 Sep 19, 2009 Jkt 079200 PO 00000 Frm 00139 Fmt 6652 Sfmt 6401 E:\BILLS\H3288.PP H3288

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1 erating cost of the project after refi2 nancing. Such approval by the Secretary— 

3 (I) shall be the basis for the 

4 owner to agree to terminate the 

5 project-based rental assistance con6 tract that is insufficient for the debt 

7 service and operating cost of the 

8 project after refinancing; and 

9 (II) shall be an eligibility event 

10 for the project for purposes of section 

11 8(t) of the United States Housing Act 

12 of 1937 (42 U.S.C. 1437f(t)); 

13 (v) units to be occupied by tenants as14 sisted under section 8(t) of the United 

15 States Housing Act of 1937 (42 U.S.C. 

16 1437f(t)) shall, upon termination of the oc17 cupancy of such tenants, become eligible 

18 for project-based assistance under section 

19 8(o)(13) of the United States Housing Act 

20 of 1937 (42 U.S.C. 1437f(o)(13)) without 

21 regard to the percentage limitations pro22 vided in such section; and 

23 (vi) there shall be a use agreement of 

24 20 years from the date of the maturity 

25 date of the original 202 loan for all units, 


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1 including units to be occupied by tenants 

2 assisted under section 8(t) of the United 

3 States Housing Act of 1937 (42 U.S.C. 

4 1437f(t)). 

5 SEC. 230. No property identified by the Secretary of 

6 Housing and Urban Development as surplus Federal prop7 erty for use to assist the homeless shall be made available 

8 to any homeless group unless the group is a member in 

9 good standing under any of HUD’s homeless assistance 

10 programs or is in good standing with any other program 

11 which receives funds from any other Federal or State 

12 agency or entity: Provided, That an exception may be 

13 made for an entity not involved with Federal homeless pro14 grams to use surplus Federal property for the homeless 

15 only after the Secretary or another responsible Federal 

16 agency has fully and comprehensively reviewed all relevant 

17 finances of the entity, the track record of the entity in 

18 assisting the homeless, the ability of the entity to manage 

19 the property, including all costs, the ability of the entity 

20 to administer homeless programs in a manner that is ef21 fective to meet the needs of the homeless population that 

22 is expected to use the property and any other related 

23 issues that demonstrate a commitment to assist the home24 less: Provided further, That the Secretary shall not require 

25 the entity to have cash in hand in order to demonstrate 


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1 financial ability but may rely on the entity’s prior dem2 onstrated fundraising ability or commitments for in-kind 

3 donations of goods and services: Provided further, That 

4 the Secretary shall make all such information and its deci5 sion regarding the award of the surplus property available 

6 to the committees of jurisdiction, including a full justifica7 tion of the appropriateness of the use of the property to 

8 assist the homeless as well as the appropriateness of the 

9 group seeking to obtain the property to use such property 

10 to assist the homeless: Provided further, That, this section 

11 shall apply to properties in fiscal year 2009 and 2010 

12 made available as surplus Federal property for use to as13 sist the homeless. 

14 SEC. 231. The Secretary of the Department of Hous15 ing and Urban Development is authorized to transfer up 

16 to 5 percent of funds appropriated for any account under 

17 this title under the heading ‘‘Personnel Compensation and 

18 Benefits’’ to any other account under this title under the 

19 heading ‘‘Personnel Compensation and Benefits’’ only 

20 after such transfer has been submitted to, and received 

21 prior written approval by, the House and Senate Commit22 tees on Appropriations: Provided, That, no appropriation 

23 for any such account shall be increased or decreased by 

24 more than 10 percent by all such transfers. 


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1 SEC. 232. The Disaster Housing Assistance Pro2 grams, administered by the Department of Housing and 

3 Urban Development, shall be considered a ‘‘program of 

4 the Department of Housing and Urban Development’’ 

5 under section 904 of the McKinney Act for the purpose 

6 of income verifications and matching. 

7 SEC. 233. FHA Loan Limits for fiscal year 2010. (a) 

8 LOAN LIMIT FLOOR BASED ON 2008 LEVELS- For 

9 mortgages for which the mortgagee issues credit approval 

10 for the borrower during fiscal year 2010, if the dollar 

11 amount limitation on the principal obligation of a mort12 gage determined under section 203(b)(2) of the National 

13 Housing Act (12 U.S.C. 1709(b)(2)) for any size residence 

14 for any area is less than such dollar amount limitation 

15 that was in effect for such size residence for such area 

16 for 2008 pursuant to section 202 of the Economic Stim17 ulus Act of 2008 (Public Law 110–185; 122 Stat. 620), 

18 notwithstanding any other provision of law, the maximum 

19 dollar amount limitation on the principal obligation of a 

20 mortgage for such size residence for such area for pur21 poses of such section 203(b)(2) shall be considered (except 

22 for purposes of section 255(g) of such Act (12 U.S.C. 

23 1715z–20(g))) to be such dollar amount limitation in ef24 fect for such size residence for such area for 2008. (b) 

25 Discretionary Authority for Sub-Areas- Notwithstanding 


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1 any other provision of law, if the Secretary of Housing 

2 and Urban Development determines, for any geographic 

3 area that is smaller than an area for which dollar amount 

4 limitations on the principal obligation of a mortgage are 

5 determined under section 203(b)(2) of the National Hous6 ing Act, that a higher such maximum dollar amount limi7 tation is warranted for any particular size or sizes of resi8 dences in such sub-area by higher median home prices in 

9 such sub-area, the Secretary may, for mortgages for which 

10 the mortgagee issues credit approval for the borrower dur11 ing fiscal year 2010, increase the maximum dollar amount 

12 limitation for such size or sizes of residences for such sub13 area that is otherwise in effect (including pursuant to sub14 section (a) of this section), but in no case to an amount 

15 that exceeds the amount specified in section 202(a)(2) of 

16 the Economic Stimulus Act of 2008. 

17 SEC. 234. GSE Conforming Loan Limits for fiscal 

18 year 2010. (a) Loan Limit Floor Based on 2008 Levels19 For mortgages originated during fiscal year 2010, if the 

20 limitation on the maximum original principal obligation of 

21 a mortgage that may be purchased by the Federal Na22 tional Mortgage Association or the Federal Home Loan 

23 Mortgage Corporation determined under section 302(b)(2) 

24 of the Federal National Mortgage Association Charter Act 

25 (12 U.S.C. 1717(b)(2)) or section 305(a)(2) of the FedVerDate Nov 24 2008 02:06 Sep 19, 2009 Jkt 079200 PO 00000 Frm 00144 Fmt 6652 Sfmt 6401 E:\BILLS\H3288.PP H3288

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1 eral Home Loan Mortgage Corporation Act (12 U.S.C. 

2 1754(a)(2)), respectively, for any size residence for any 

3 area is less than such maximum original principal obliga4 tion limitation that was in effect for such size residence 

5 for such area for 2008 pursuant to section 201 of the Eco6 nomic Stimulus Act of 2008 (Public Law 110–185; 122 

7 Stat. 619), notwithstanding any other provision of law, the 

8 limitation on the maximum original principal obligation of 

9 a mortgage for such Association and Corporation for such 

10 size residence for such area shall be such maximum limita11 tion in effect for such size residence for such area for 

12 2008. (b) Discretionary Authority for Sub-Areas- Not13 withstanding any other provision of law, if the Director 

14 of the Federal Housing Finance Agency determines, for 

15 any geographic area that is smaller than an area for which 

16 limitations on the maximum original principal obligation 

17 of a mortgage are determined for the Federal National 

18 Mortgage Association or the Federal Home Loan Mort19 gage Corporation, that a higher such maximum original 

20 principal obligation limitation is warranted for any par21 ticular size or sizes of residences in such sub-area by high22 er median home prices in such sub-area, the Director may, 

23 for mortgages originated during fiscal year 2010, increase 

24 the maximum original principal obligation limitation for 

25 such size or sizes of residences for such sub-area that is 


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1 otherwise in effect (including pursuant to subsection (a) 

2 of this section) for such Association and Corporation, but 

3 in no case to an amount that exceeds the amount specified 

4 in the matter following the comma in section 201(a)(1)(B) 

5 of the Economic Stimulus Act of 2008. 

6 SEC. 235. FHA Reverse Mortgage Loan Limits for 

7 fiscal year 2010. For mortgages for which the mortgagee 

8 issues credit approval for the borrower during fiscal year 

9 2010, the second sentence of section 255(g) of the Na10 tional Housing Act (12 U.S.C. 1715z–20(g)) shall be con11 sidered to require that in no case may the benefits of in12 surance under such section 255 exceed 150 percent of the 

13 maximum dollar amount in effect under the sixth sentence 

14 of section 305(a)(2) of the Federal Home Loan Mortgage 

15 Corporation Act (12 U.S.C. 1454(a)(2)). 

16 This title may be cited as the ‘‘Department of Hous17 ing and Urban Development Appropriations Act, 2010’’. 

18 TITLE III 

19 RELATED AGENCIES 

20 ARCHITECTURAL AND TRANSPORTATION BARRIERS

21 COMPLIANCE BOARD

22 SALARIES AND EXPENSES

23 For expenses necessary for the Architectural and 

24 Transportation Barriers Compliance Board, as authorized 

25 by section 502 of the Rehabilitation Act of 1973, as 


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1 amended, $7,200,000: Provided, That, notwithstanding 

2 any other provision of law, there may be credited to this 

3 appropriation funds received for publications and training 

4 expenses. 

5 FEDERAL MARITIME COMMISSION

6 SALARIES AND EXPENSES

7 For necessary expenses of the Federal Maritime 

8 Commission as authorized by section 201(d) of the Mer9 chant Marine Act, 1936, as amended (46 U.S.C. App. 

10 1111), including services as authorized by 5 U.S.C. 3109; 

11 hire of passenger motor vehicles as authorized by 31 

12 U.S.C. 1343(b); and uniforms or allowances therefore, as 

13 authorized by 5 U.S.C. 5901–5902, $23,712,000: Pro14 vided, That not to exceed $2,000 shall be available for offi15 cial reception and representation expenses. 

16 NATIONAL TRANSPORTATION SAFETY BOARD

17 SALARIES AND EXPENSES

18 For necessary expenses of the National Transpor19 tation Safety Board, including hire of passenger motor ve20 hicles and aircraft; services as authorized by 5 U.S.C. 

21 3109, but at rates for individuals not to exceed the per 

22 diem rate equivalent to the rate for a GS–15; uniforms, 

23 or allowances therefor, as authorized by law (5 U.S.C. 

24 5901–5902) $99,200,000, of which not to exceed $2,000 

25 may be used for official reception and representation exVerDate Nov 24 2008 02:06 Sep 19, 2009 Jkt 079200 PO 00000 Frm 00147 Fmt 6652 Sfmt 6401 E:\BILLS\H3288.PP H3288

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1 penses. The amounts made available to the National 

2 Transportation Safety Board in this Act include amounts 

3 necessary to make lease payments on an obligation in4 curred in fiscal year 2001 for a capital lease. Of the funds 

5 provided, up to $100,000 shall be provided through reim6 bursement to the Department of Transportation’s Office 

7 of Inspector General to audit the National Transportation 

8 Safety Board’s financial statements. 

9 NEIGHBORHOOD REINVESTMENT CORPORATION

10 PAYMENT TO THE NEIGHBORHOOD REINVESTMENT

11 CORPORATION

12 For payment to the Neighborhood Reinvestment Cor13 poration for use in neighborhood reinvestment activities, 

14 as authorized by the Neighborhood Reinvestment Corpora15 tion Act (42 U.S.C. 8101–8107), $133,000,000: Provided, 

16 That section 605(a) of the Neighborhood Reinvestment 

17 Corporation Act (42 U.S.C. 8104(a)) is amended by add18 ing at the end of the first sentence, prior to the period, 

19 ‘‘, except that the board-appointed officers may be paid 

20 salary at a rate not to exceed level II of the Executive 

21 Schedule’’: Provided further, That in addition, 

22 $63,800,000 shall be made available until expended to the 

23 Neighborhood Reinvestment Corporation for mortgage 

24 foreclosure mitigation activities, under the following terms 

25 and conditions: 


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1 (1) The Neighborhood Reinvestment Corpora2 tion (‘‘NRC’’), shall make grants to counseling inter3 mediaries approved by the Department of Housing 

4 and Urban Development (HUD) (with match to be 

5 determined by the NRC based on affordability and 

6 the economic conditions of an area; a match also 

7 may be waived by the NRC based on the aforemen8 tioned conditions) to provide mortgage foreclosure 

9 mitigation assistance primarily to States and areas 

10 with high rates of defaults and foreclosures pri11 marily in the subprime housing market to help elimi12 nate the default and foreclosure of mortgages of 

13 owner-occupied single-family homes that are at risk 

14 of such foreclosure. Other than areas with high rates 

15 of defaults and foreclosures, grants may also be pro16 vided to approved counseling intermediaries based on 

17 a geographic analysis of the Nation by the NRC 

18 which determines where there is a prevalence of 

19 subprime mortgages that are risky and likely to fail, 

20 including any trends for mortgages that are likely to 

21 default and face foreclosure. A State Housing Fi22 nance Agency may also be eligible where the State 

23 Housing Finance Agency meets all the requirements 

24 under this paragraph. A HUD-approved counseling 

25 intermediary shall meet certain mortgage foreclosure 


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1 mitigation assistance counseling requirements, as de2 termined by the NRC, and shall be approved by 

3 HUD or the NRC as meeting these requirements. 

4 (2) Mortgage foreclosure mitigation assistance 

5 shall only be made available to homeowners of 

6 owner-occupied homes with mortgages in default or 

7 in danger of default. These mortgages shall likely be 

8 subject to a foreclosure action and homeowners will 

9 be provided such assistance that shall consist of ac10 tivities that are likely to prevent foreclosures and re11 sult in the long-term affordability of the mortgage 

12 retained pursuant to such activity or another posi13 tive outcome for the homeowner. No funds made 

14 available under this paragraph may be provided di15 rectly to lenders or homeowners to discharge out16 standing mortgage balances or for any other direct 

17 debt reduction payments. 

18 (3) The use of Mortgage Foreclosure Mitigation 

19 Assistance by approved counseling intermediaries 

20 and State Housing Finance Agencies shall involve a 

21 reasonable analysis of the borrower’s financial situa22 tion, an evaluation of the current value of the prop23 erty that is subject to the mortgage, counseling re24 garding the assumption of the mortgage by another 

25 non-Federal party, counseling regarding the possible 


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1 purchase of the mortgage by a non-Federal third 

2 party, counseling and advice of all likely restruc3 turing and refinancing strategies or the approval of 

4 a work-out strategy by all interested parties. 

5 (4) NRC may provide up to 15 percent of the 

6 total funds under this paragraph to its own charter 

7 members with expertise in foreclosure prevention 

8 counseling, subject to a certification by the NRC 

9 that the procedures for selection do not consist of 

10 any procedures or activities that could be construed 

11 as an unacceptable conflict of interest or have the 

12 appearance of impropriety. 

13 (5) HUD-approved counseling entities and 

14 State Housing Finance Agencies receiving funds 

15 under this paragraph shall have demonstrated expe16 rience in successfully working with financial institu17 tions as well as borrowers facing default, delin18 quency and foreclosure as well as documented coun19 seling capacity, outreach capacity, past successful 

20 performance and positive outcomes with documented 

21 counseling plans (including post mortgage fore22 closure mitigation counseling), loan workout agree23 ments and loan modification agreements. NRC may 

24 use other criteria to demonstrate capacity in under25 served areas. 


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1 (6) Of the total amount made available under 

2 this paragraph, up to $3,000,000 may be made 

3 available to build the mortgage foreclosure and de4 fault mitigation counseling capacity of counseling 

5 intermediaries through NRC training courses with 

6 HUD-approved counseling intermediaries and their 

7 partners, except that private financial institutions 

8 that participate in NRC training shall pay market 

9 rates for such training. 

10 (7) Of the total amount made available under 

11 this paragraph, up to 4 percent may be used for as12 sociated administrative expenses for the NRC to 

13 carry out activities provided under this section. 

14 (8) Mortgage foreclosure mitigation assistance 

15 grants may include a budget for outreach and adver16 tising, and training, as determined by the NRC. 

17 (9) The NRC shall report quarterly to the 

18 House and Senate Committees on Appropriations as 

19 well as the Senate Banking Committee and House 

20 Financial Services Committee on its efforts to miti21 gate mortgage default. Such reports shall identify 

22 successful strategies and methods for preserving 

23 homeownership and the long-term affordability of at24 risk mortgages and shall include recommended ef25 forts that will or likely can assist in the success of 


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1 this program as well as an analysis of any policy and 

2 procedures that failed to result in successful mort3 gage foreclosure mitigation. The report shall include 

4 an analysis of the details and use of any post mitiga5 tion counseling of assisted borrowers designed to en6 sure the continued long-term affordability of the 

7 mortgages which were the subject of the mortgage 

8 foreclosure mitigation assistance. 

9 UNITED STATES INTERAGENCY COUNCIL ON

10 HOMELESSNESS

11 OPERATING EXPENSES

12 For necessary expenses (including payment of sala13 ries, authorized travel, hire of passenger motor vehicles, 

14 the rental of conference rooms, and the employment of ex15 perts and consultants under section 3109 of title 5, United 

16 States Code) of the United States Interagency Council on 

17 Homelessness in carrying out the functions pursuant to 

18 title II of the McKinney-Vento Homeless Assistance Act, 

19 as amended, $2,400,000. 

20 TITLE IV 

21 GENERAL PROVISIONS—THIS ACT 

22 SEC. 401. Such sums as may be necessary for fiscal 

23 year 2010 pay raises for programs funded in this Act shall 

24 be absorbed within the levels appropriated in this Act or 

25 previous appropriations Acts. 


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1 SEC. 402. None of the funds in this Act shall be used 

2 for the planning or execution of any program to pay the 

3 expenses of, or otherwise compensate, non-Federal parties 

4 intervening in regulatory or adjudicatory proceedings 

5 funded in this Act. 

6 SEC. 403. None of the funds appropriated in this Act 

7 shall remain available for obligation beyond the current 

8 fiscal year, nor may any be transferred to other appropria9 tions, unless expressly so provided herein. 

10 SEC. 404. The expenditure of any appropriation 

11 under this Act for any consulting service through procure12 ment contract pursuant to section 3109 of title 5, United 

13 States Code, shall be limited to those contracts where such 

14 expenditures are a matter of public record and available 

15 for public inspection, except where otherwise provided 

16 under existing law, or under existing Executive order 

17 issued pursuant to existing law. 

18 SEC. 405. Except as otherwise provided in this Act, 

19 none of the funds provided in this Act, provided by pre20 vious appropriations Acts to the agencies or entities fund21 ed in this Act that remain available for obligation or ex22 penditure in fiscal year 2010, or provided from any ac23 counts in the Treasury derived by the collection of fees 

24 and available to the agencies funded by this Act, shall be 

25 available for obligation or expenditure through a reVerDate Nov 24 2008 02:06 Sep 19, 2009 Jkt 079200 PO 00000 Frm 00154 Fmt 6652 Sfmt 6401 E:\BILLS\H3288.PP H3288

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1 programming of funds that: (1) creates a new program; 

2 (2) eliminates a program, project, or activity; (3) increases 

3 funds or personnel for any program, project, or activity 

4 for which funds have been denied or restricted by the Con5 gress; (4) proposes to use funds directed for a specific ac6 tivity by either the House or Senate Committees on Ap7 propriations for a different purpose; (5) augments existing 

8 programs, projects, or activities in excess of $5,000,000 

9 or 10 percent, whichever is less; (6) reduces existing pro10 grams, projects, or activities by $5,000,000 or 10 percent, 

11 whichever is less; or (7) creates, reorganizes, or restruc12 tures a branch, division, office, bureau, board, commis13 sion, agency, administration, or department different from 

14 the budget justifications submitted to the Committees on 

15 Appropriations or the table accompanying the explanatory 

16 statement accompanying this Act, whichever is more de17 tailed, unless prior approval is received from the House 

18 and Senate Committees on Appropriations: Provided, That 

19 not later than 60 days after the date of enactment of this 

20 Act, each agency funded by this Act shall submit a report 

21 to the Committees on Appropriations of the Senate and 

22 of the House of Representatives to establish the baseline 

23 for application of reprogramming and transfer authorities 

24 for the current fiscal year: Provided further, That the re25 port shall include: (1) a table for each appropriation with 


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1 a separate column to display the President’s budget re2 quest, adjustments made by Congress, adjustments due to 

3 enacted rescissions, if appropriate, and the fiscal year en4 acted level; (2) a delineation in the table for each appro5 priation both by object class and program, project, and 

6 activity as detailed in the budget appendix for the respec7 tive appropriation; and (3) an identification of items of 

8 special congressional interest: Provided further, That the 

9 amount appropriated or limited for salaries and expenses 

10 for an agency shall be reduced by $100,000 per day for 

11 each day after the required date that the report has not 

12 been submitted to the Congress. 

13 SEC. 406. Except as otherwise specifically provided 

14 by law, not to exceed 50 percent of unobligated balances 

15 remaining available at the end of fiscal year 2010 from 

16 appropriations made available for salaries and expenses 

17 for fiscal year 2010 in this Act, shall remain available 

18 through September 30, 2011, for each such account for 

19 the purposes authorized: Provided, That a request shall 

20 be submitted to the House and Senate Committees on Ap21 propriations for approval prior to the expenditure of such 

22 funds: Provided further, That these requests shall be made 

23 in compliance with reprogramming guidelines under sec24 tion 405 of this Act. 


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1 SEC. 407. All Federal agencies and departments that 

2 are funded under this Act shall issue a report to the House 

3 and Senate Committees on Appropriations on all sole 

4 source contracts by no later than July 31, 2010. Such re5 port shall include the contractor, the amount of the con6 tract and the rationale for using a sole source contract. 

7 SEC. 408. (a) None of the funds made available in 

8 this Act may be obligated or expended for any employee 

9 training that— 

10 (1) does not meet identified needs for knowl11 edge, skills, and abilities bearing directly upon the 

12 performance of official duties; 

13 (2) contains elements likely to induce high lev14 els of emotional response or psychological stress in 

15 some participants; 

16 (3) does not require prior employee notification 

17 of the content and methods to be used in the train18 ing and written end of course evaluation; 

19 (4) contains any methods or content associated 

20 with religious or quasi-religious belief systems or 

21 ‘‘new age’’ belief systems as defined in Equal Em22 ployment Opportunity Commission Notice N– 

23 915.022, dated September 2, 1988; or 


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1 (5) is offensive to, or designed to change, par2 ticipants’ personal values or lifestyle outside the 

3 workplace. 

4 (b) Nothing in this section shall prohibit, restrict, or 

5 otherwise preclude an agency from conducting training 

6 bearing directly upon the performance of official duties. 

7 SEC. 409. No funds in this Act may be used to sup8 port any Federal, State, or local projects that seek to use 

9 the power of eminent domain, unless eminent domain is 

10 employed only for a public use: Provided, That for pur11 poses of this section, public use shall not be construed to 

12 include economic development that primarily benefits pri13 vate entities: Provided further, That any use of funds for 

14 mass transit, railroad, airport, seaport or highway projects 

15 as well as utility projects which benefit or serve the gen16 eral public (including energy-related, communication-re17 lated, water-related and wastewater-related infrastruc18 ture), other structures designated for use by the general 

19 public or which have other common-carrier or public-util20 ity functions that serve the general public and are subject 

21 to regulation and oversight by the government, and 

22 projects for the removal of an immediate threat to public 

23 health and safety or brownsfield as defined in the Small 

24 Business Liability Relief and Brownsfield Revitalization 


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1 Act (Public Law 107–118) shall be considered a public 

2 use for purposes of eminent domain. 

3 SEC. 410. None of the funds made available in this 

4 Act may be transferred to any department, agency, or in5 strumentality of the United States Government, except 

6 pursuant to a transfer made by, or transfer authority pro7 vided in, this Act or any other appropriations Act. 

8 SEC. 411. No part of any appropriation contained in 

9 this Act shall be available to pay the salary for any person 

10 filling a position, other than a temporary position, for11 merly held by an employee who has left to enter the Armed 

12 Forces of the United States and has satisfactorily com13 pleted his period of active military or naval service, and 

14 has within 90 days after his release from such service or 

15 from hospitalization continuing after discharge for a pe16 riod of not more than 1 year, made application for restora17 tion to his former position and has been certified by the 

18 Office of Personnel Management as still qualified to per19 form the duties of his former position and has not been 

20 restored thereto. 

21 SEC. 412. No funds appropriated pursuant to this 

22 Act may be expended by an entity unless the entity agrees 

23 that in expending the assistance the entity will comply 

24 with sections 2 through 4 of the Act of March 3, 1933 


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1 (41 U.S.C. 10a–10c, popularly known as the ‘‘Buy Amer2 ican Act’’). 

3 SEC. 413. No funds appropriated or otherwise made 

4 available under this Act shall be made available to any 

5 person or entity that has been convicted of violating the 

6 Buy American Act (41 U.S.C. 10a–10c). 

7 SEC. 414. None of the funds made available in this 

8 Act may be used for first-class airline accommodations in 

9 contravention of sections 301–10.122 and 301–10.123 of 

10 title 41, Code of Federal Regulations. 

11 SEC. 415. None of the funds made available in this 

12 Act may be used to purchase a light bulb for an office 

13 building unless the light bulb has, to the extent prac14 ticable, an Energy Star or Federal Energy Management 

15 Program designation. 

16 SEC. 416. None of the funds made available in this 

17 Act may be used by Amtrak to provide free alcohol. 

18 SEC. 417. None of the funds made available in this 

19 Act may be used to establish, issue, implement, adminster, 

20 or enforce any prohibition or restriction on the establish21 ment or effectiveness of any occupancy preference for vet22 erans in supportive housing for the elderly that: (1) is pro23 vided assistance by the Department of Housing and Urban 

24 Development; and (2)(A) is or would be located on prop25 erty of the Department of Veterans Affairs; or (B) is subVerDate Nov 24 2008 02:06 Sep 19, 2009 Jkt 079200 PO 00000 Frm 00160 Fmt 6652 Sfmt 6401 E:\BILLS\H3288.PP H3288

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1 ject to an enhanced use lease with the Department of Vet2 erans Affairs. 

3 SEC. 418. None of the funds made available in this 

4 Act may be used to implement or enforce the requirement 

5 under section 12(c) of the United States Housing Act of 

6 1937 (42 U.S.C. 1437j(c); relating to community service). 

7 This Act may be cited as the ‘‘Transportation, Hous8 ing and Urban Development, and Related Agencies Appro9 priations Act, 2010’’. 

10 That the following sums are appropriated, out of any 

11 money in the Treasury not otherwise appropriated, for the 

12 Departments of Transportation and Housing and Urban 

13 Development, and related agencies for the fiscal year ending 

14 September 30, 2010, and for other purposes, namely: 

15 TITLE I 

16 DEPARTMENT OF TRANSPORTATION 

17 OFFICE OF THE SECRETARY

18 SALARIES AND EXPENSES

19 For necessary expenses of the Office of the Secretary, 

20 $100,975,000, of which not to exceed $2,631,000 shall be 

21 available for the immediate Office of the Secretary; not to 

22 exceed $986,000 shall be available for the immediate Office 

23 of the Deputy Secretary; not to exceed $20,359,000 shall be 

24 available for the Office of the General Counsel; not to exceed 

25 $10,107,000 shall be available for the Office of the Under 


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1 Secretary of Transportation for Policy; not to exceed 

2 $10,559,000 shall be available for the Office of the Assistant 

3 Secretary for Budget and Programs; not to exceed 

4 $2,400,000 shall be available for the Office of the Assistant 

5 Secretary for Governmental Affairs; not to exceed 

6 $26,265,000 shall be available for the Office of the Assistant 

7 Secretary for Administration; not to exceed $2,123,000 shall 

8 be available for the Office of Public Affairs; not to exceed 

9 $1,711,000 shall be available for the Office of the Executive 

10 Secretariat; not to exceed $1,499,000 shall be available for 

11 the Office of Small and Disadvantaged Business Utiliza12 tion; not to exceed $9,072,000 for the Office of Intelligence, 

13 Security, and Emergency Response; and not to exceed 

14 $13,263,000 shall be available for the Office of the Chief 

15 Information Officer: Provided, That the Secretary of Trans16 portation is authorized to transfer funds appropriated for 

17 any office of the Office of the Secretary to any other office 

18 of the Office of the Secretary: Provided further, That no ap19 propriation for any office shall be increased or decreased 

20 by more than 5 percent by all such transfers: Provided fur21 ther, That notice of any change in funding greater than 

22 5 percent shall be submitted for approval to the House and 

23 Senate Committees on Appropriations: Provided further, 

24 That not to exceed $60,000 shall be for allocation within 

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1 penses as the Secretary may determine: Provided further, 

2 That notwithstanding any other provision of law, excluding 

3 fees authorized in Public Law 107–71, there may be cred4 ited to this appropriation up to $2,500,000 in funds re5 ceived in user fees: Provided further, That none of the funds 

6 provided in this Act shall be available for the position of 

7 Assistant Secretary for Public Affairs. 

8 NATIONAL INFRASTRUCTURE INVESTMENTS

9 For capital investments in surface transportation in10 frastructure, $1,100,000,000, to remain available through 

11 September 30, 2012: Provided, That the Secretary of Trans12 portation shall distribute funds provided under this heading 

13 as discretionary grants to be awarded to a State, local gov14 ernment, transit agency, or a collaboration among such en15 tities on a competitive basis for projects that will have a 

16 significant impact on the Nation, a metropolitan area, or 

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

18 provided under this heading shall include, but not be lim19 ited to, highway or bridge projects eligible under title 23, 

20 United States Code; public transportation projects eligible 

21 under chapter 53 of title 49, United States Code; passenger 

22 and freight rail transportation projects; and port infra23 structure investments: Provided further, That in distrib24 uting funds provided under this heading, the Secretary 

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1 graphic distribution of funds, an appropriate balance in 

2 addressing the needs of urban and rural communities, and 

3 the investment in a variety of transportation modes: Pro4 vided further, That a grant funded under this heading shall 

5 be not less than $10,000,000 and not greater than 

6 $300,000,000: Provided further, That not more than 25 per7 cent of the funds made available under this heading may 

8 be awarded to projects in a single State: Provided further, 

9 That the Federal share of the costs for which an expenditure 

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

11 recipient, up to 80 percent: Provided further, That the Sec12 retary shall give priority to projects that require a contribu13 tion of Federal funds in order to complete an overall financ14 ing package: Provided further, That not less than 

15 $250,000,000 of the funds provided under this heading shall 

16 be for projects located in rural communities: Provided fur17 ther, That for projects located in rural communities, the 

18 minimum grant size shall be $1,000,000 and the Secretary 

19 may increase the Federal share of costs above 80 percent: 

20 Provided further, That projects conducted using funds pro21 vided under this heading must comply with the require22 ments of subchapter IV of chapter 31 of title 40, United 

23 States Code: Provided further, That the Secretary shall pub24 lish criteria on which to base the competition for any grants 

25 awarded under this heading no sooner than 60 days after 


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1 enactment of this Act, require applications for funding pro2 vided under this heading to be submitted so sooner than 

3 120 days after the publication of such criteria, and an4 nounce all projects selected to be funded from funds provided 

5 under this heading no sooner than September 15, 2010: Pro6 vided further, That the Secretary may retain up to 

7 $25,000,000 of the funds provided under this heading, and 

8 may transfer portions of those funds to the Administrators 

9 of the Federal Highway Administration, the Federal Tran10 sit Administration, the Federal Railroad Administration 

11 and the Federal Maritime Administration, to fund the 

12 award and oversight of grants made under this heading. 

13 FINANCIAL MANAGEMENT CAPITAL

14 For necessary expenses for upgrading and enhancing 

15 the Department of Transportation’s financial systems and 

16 re-engineering business processes, $5,000,000, to remain 

17 available until expended. 

18 OFFICE OF CIVIL RIGHTS

19 For necessary expenses of the Office of Civil Rights, 

20 $9,667,000. 

21 TRANSPORTATION PLANNING, RESEARCH, AND

22 DEVELOPMENT

23 For necessary expenses for conducting transportation 

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1 tivities, and making grants, to remain available until ex2 pended, $8,233,000. 

3 WORKING CAPITAL FUND

4 Necessary expenses for operating costs and capital out5 lays of the Working Capital Fund, not to exceed 

6 $147,500,000, shall be paid from appropriations made 

7 available to the Department of Transportation: Provided, 

8 That such services shall be provided on a competitive basis 

9 to entities within the Department of Transportation: Pro10 vided further, That the above limitation on operating ex11 penses shall not apply to non-DOT entities: Provided fur12 ther, That no funds appropriated in this Act to an agency 

13 of the Department shall be transferred to the Working Cap14 ital Fund without the approval of the agency modal admin15 istrator: Provided further, That no assessments may be lev16 ied against any program, budget activity, subactivity or 

17 project funded by this Act unless notice of such assessments 

18 and the basis therefor are presented to the House and Senate 

19 Committees on Appropriations and are approved by such 

20 Committees. 

21 MINORITY BUSINESS RESOURCE CENTER PROGRAM

22 For the cost of guaranteed loans, $353,000, as author23 ized by 49 U.S.C. 332: Provided, That such costs, including 

24 the cost of modifying such loans, shall be as defined in sec25 tion 502 of the Congressional Budget Act of 1974: Provided 


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1 further, That these funds are available to subsidize total 

2 loan principal, any part of which is to be guaranteed, not 

3 to exceed $18,367,000. In addition, for administrative ex4 penses to carry out the guaranteed loan program, $570,000. 

5 MINORITY BUSINESS OUTREACH

6 For necessary expenses of Minority Business Resource 

7 Center outreach activities, $3,074,000, to remain available 

8 until September 30, 2011: Provided, That notwithstanding 

9 49 U.S.C. 332, these funds may be used for business oppor10 tunities related to any mode of transportation. 

11 PAYMENTS TO AIR CARRIERS

12 (AIRPORT AND AIRWAY TRUST FUND)

13 (INCLUDING TRANSFER OF FUNDS)

14 In addition to funds made available from any other 

15 source to carry out the essential air service program under 

16 49 U.S.C. 41731 through 41742, $125,000,000, to be derived 

17 from the Airport and Airway Trust Fund, to remain avail18 able until expended: Provided, That, in determining be19 tween or among carriers competing to provide service to a 

20 community, the Secretary may consider the relative subsidy 

21 requirements of the carriers: Provided further, That, if the 

22 funds under this heading are insufficient to meet the costs 

23 of the essential air service program in the current fiscal 

24 year, the Secretary shall transfer such sums as may be nec25 essary to carry out the essential air service program from 


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1 any available amounts appropriated to or directly adminis2 tered by the Office of the Secretary for such fiscal year. 

3 ADMINISTRATIVE PROVISIONS—OFFICE OF THE SECRETARY

4 OF TRANSPORTATION

5 SEC. 101. The Secretary of Transportation is author6 ized to transfer the unexpended balances available for the 

7 bonding assistance program from ‘‘Office of the Secretary, 

8 Salaries and expenses’’ to ‘‘Minority Business Outreach’’. 

9 SEC. 102. None of the funds made available in this 

10 Act to the Department of Transportation may be obligated 

11 for the Office of the Secretary of Transportation to approve 

12 assessments or reimbursable agreements pertaining to funds 

13 appropriated to the modal administrations in this Act, ex14 cept for activities underway on the date of enactment of 

15 this Act, unless such assessments or agreements have com16 pleted the normal reprogramming process for Congressional 

17 notification. 

18 SEC. 103. None of the funds made available under this 

19 Act may be obligated or expended to establish or implement 

20 a program under which essential air service communities 

21 are required to assume subsidy costs commonly referred to 

22 as the EAS local participation program. 

23 SEC. 104. The Secretary or his or her designee may 

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1 sider proposals related to the reduction of motorcycle fatali2 ties. 

3 SEC. 105 Such amounts as are required from amounts 

4 provided in this Act to the Office of the Secretary of Trans5 portation for the Transportation Planning, Research and 

6 Development program may be used for the development, co7 ordination, and analysis of data collection procedures and 

8 national performance measures. 

9 FEDERAL AVIATION ADMINISTRATION

10 OPERATIONS

11 (AIRPORT AND AIRWAY TRUST FUND)

12 (INCLUDING TRANSFER OF FUNDS)

13 For necessary expenses of the Federal Aviation Admin14 istration, not otherwise provided for, including operations 

15 and research activities related to commercial space trans16 portation, administrative expenses for research and develop17 ment, establishment of air navigation facilities, the oper18 ation (including leasing) and maintenance of aircraft, sub19 sidizing the cost of aeronautical charts and maps sold to 

20 the public, lease or purchase of passenger motor vehicles for 

21 replacement only, in addition to amounts made available 

22 by Public Law 108–176, $9,359,131,000, of which 

23 $5,277,648,000 shall be derived from the Airport and Air24 way Trust Fund, of which not to exceed $7,305,902,000 

25 shall be available for air traffic organization activities; not 


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1 to exceed $1,236,565,000 shall be available for aviation safe2 ty activities; not to exceed $14,737,000 shall be available 

3 for commercial space transportation activities; not to exceed 

4 $113,681,000 shall be available for financial services activi5 ties; not to exceed $100,428,000 shall be available for human 

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

7 shall be available for region and center operations and re8 gional coordination activities; not to exceed $196,063,000 

9 shall be available for staff offices; and not to exceed 

10 $49,778,000 shall be available for information services: Pro11 vided, That the Secretary utilize not less than $18,500,000 

12 of the funds provided for aviation safety activities to pay 

13 for staff increases in the Office of Aviation Flight Standards 

14 and the Office of Aircraft Certification: Provided further, 

15 That none of the funds provided for increases to the staffs 

16 of the aviation flight standards and aircraft certification 

17 offices shall be used for other purposes: Provided further, 

18 That not to exceed 2 percent of any budget activity, except 

19 for aviation safety budget activity, may be transferred to 

20 any budget activity under this heading: Provided further, 

21 That no transfer may increase or decrease any appropria22 tion by more than 2 percent: Provided further, That any 

23 transfer in excess of 2 percent shall be treated as a re24 programming of funds under section 405 of this Act and 

25 shall not be available for obligation or expenditure except 


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1 in compliance with the procedures set forth in that section: 

2 Provided further, That not later than March 31 of each fis3 cal year hereafter, the Administrator of the Federal Avia4 tion Administration shall transmit to Congress an annual 

5 update to the report submitted to Congress in December 

6 2004 pursuant to section 221 of Public Law 108–176: Pro7 vided further, That the amount herein appropriated shall 

8 be reduced by $100,000 for each day after March 31 that 

9 such report has not been submitted to the Congress: Pro10 vided further, That not later than March 31 of each fiscal 

11 year hereafter, the Administrator shall transmit to Congress 

12 a companion report that describes a comprehensive strategy 

13 for staffing, hiring, and training flight standards and air14 craft certification staff in a format similar to the one uti15 lized for the controller staffing plan, including stated attri16 tion estimates and numerical hiring goals by fiscal year: 

17 Provided further, That the amount herein appropriated 

18 shall be reduced by $100,000 per day for each day after 

19 March 31 that such report has not been submitted to Con20 gress: Provided further, That funds may be used to enter 

21 into a grant agreement with a nonprofit standard-setting 

22 organization to assist in the development of aviation safety 

23 standards: Provided further, That none of the funds in this 

24 Act shall be available for new applicants for the second ca25 reer training program: Provided further, That none of the 


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1 funds in this Act shall be available for the Federal Aviation 

2 Administration to finalize or implement any regulation 

3 that would promulgate new aviation user fees not specifi4 cally authorized by law after the date of the enactment of 

5 this Act: Provided further, That there may be credited to 

6 this appropriation funds received from States, counties, 

7 municipalities, foreign authorities, other public authorities, 

8 and private sources, for expenses incurred in the provision 

9 of agency services, including receipts for the maintenance 

10 and operation of air navigation facilities, and for issuance, 

11 renewal or modification of certificates, including airman, 

12 aircraft, and repair station certificates, or for tests related 

13 thereto, or for processing major repair or alteration forms: 

14 Provided further, That of the funds appropriated under this 

15 heading, not less than $9,500,000 shall be for the contract 

16 tower cost-sharing program: Provided further, That none of 

17 the funds in this Act for aeronautical charting and cartog18 raphy are available for activities conducted by, or coordi19 nated through, the Working Capital Fund: Provided fur20 ther, That not to exceed $500,000 shall be paid from appro21 priations made available by this Act and provided to the 

22 Department of Transportation’s Office of Inspector General 

23 through reimbursement to conduct the annual audits of fi24 nancial statements in accordance with section 3521 of title 

25 31, United States Code, and $120,000 shall be paid from 


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1 appropriations made available by this Act and provided to 

2 that office through reimbursement to conduct the annual 

3 Enterprise Services Center Statement on Auditing Stand4 ards 70 audit. 

5 FACILITIES AND EQUIPMENT

6 (AIRPORT AND AIRWAY TRUST FUND)

7 For necessary expenses, not otherwise provided for, for 

8 acquisition, establishment, technical support services, im9 provement by contract or purchase, and hire of national 

10 airspace systems and experimental facilities and equip11 ment, as authorized under part A of subtitle VII of title 

12 49, United States Code, including initial acquisition of nec13 essary sites by lease or grant; engineering and service test14 ing, including construction of test facilities and acquisition 

15 of necessary sites by lease or grant; construction and fur16 nishing of quarters and related accommodations for officers 

17 and employees of the Federal Aviation Administration sta18 tioned at remote localities where such accommodations are 

19 not available; and the purchase, lease, or transfer of aircraft 

20 from funds available under this heading, including aircraft 

21 for aviation regulation and certification; to be derived from 

22 the Airport and Airway Trust Fund, $2,942,352,000, of 

23 which $2,472,352,000 shall remain available until Sep24 tember 30, 2012, and of which $470,000,000 shall remain 

25 available until September 30, 2010: Provided, That there 


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1 may be credited to this appropriation funds received from 

2 States, counties, municipalities, other public authorities, 

3 and private sources, for expenses incurred in the establish4 ment and modernization of air navigation facilities: Pro5 vided further, That upon initial submission to the Congress 

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

7 Transportation shall transmit to the Congress a comprehen8 sive capital investment plan for the Federal Aviation Ad9 ministration which includes funding for each budget line 

10 item for fiscal years 2011 through 2015, with total funding 

11 for each year of the plan constrained to the funding targets 

12 for those years as estimated and approved by the Office of 

13 Management and Budget. 

14 RESEARCH, ENGINEERING, AND DEVELOPMENT

15 (AIRPORT AND AIRWAY TRUST FUND)

16 For necessary expenses, not otherwise provided for, for 

17 research, engineering, and development, as authorized 

18 under part A of subtitle VII of title 49, United States Code, 

19 including construction of experimental facilities and acqui20 sition of necessary sites by lease or grant, $175,000,000, to 

21 be derived from the Airport and Airway Trust Fund and 

22 to remain available until September 30, 2012: Provided, 

23 That there may be credited to this appropriation as offset24 ting collections, funds received from States, counties, mu25 nicipalities, other public authorities, and private sources, 


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1 which shall be available for expenses incurred for research, 

2 engineering, and development. 

3 GRANTS-IN-AID FOR AIRPORTS

4 (LIQUIDATION OF CONTRACT AUTHORIZATION)

5 (LIMITATION ON OBLIGATIONS)

6 (AIRPORT AND AIRWAY TRUST FUND)

7 For liquidation of obligations incurred for grants-in8 aid for airport planning and development, and noise com9 patibility planning and programs as authorized under sub10 chapter I of chapter 471 and subchapter I of chapter 475 

11 of title 49, United States Code, and under other law author12 izing such obligations; for procurement, installation, and 

13 commissioning of runway incursion prevention devices and 

14 systems at airports of such title; for grants authorized under 

15 section 41743 of title 49, United States Code; and for in16 spection activities and administration of airport safety pro17 grams, including those related to airport operating certifi18 cates under section 44706 of title 49, United States Code, 

19 $3,000,000,000 to be derived from the Airport and Airway 

20 Trust Fund and to remain available until expended: Pro21 vided, That none of the funds under this heading shall be 

22 available for the planning or execution of programs the obli23 gations for which are in excess of $3,515,000,000 in fiscal 

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

25 United States Code: Provided further, That none of the 


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1 funds under this heading shall be available for the replace2 ment of baggage conveyor systems, reconfiguration of ter3 minal baggage areas, or other airport improvements that 

4 are necessary to install bulk explosive detection systems: 

5 Provided further, That notwithstanding any other provision 

6 of law, of funds limited under this heading, not more than 

7 $93,422,000 shall be obligated for administration, not less 

8 than $15,000,000 shall be available for the airport coopera9 tive research program, not less than $22,472,000 shall be 

10 for Airport Technology Research and $8,000,000, to remain 

11 available until expended, shall be available and transferred 

12 to ‘‘Office of the Secretary, Salaries and Expenses’’ to carry 

13 out the Small Community Air Service Development Pro14 gram. 

15 (RESCISSION)

16 Of the amounts authorized for the fiscal year ending 

17 September 30, 2009, and prior years under sections 48103 

18 and 48112 of title 49, United States Code, $392,960,000 

19 are permanently rescinded. 

20 ADMINISTRATIVE PROVISIONS—FEDERAL AVIATION

21 ADMINISTRATION

22 SEC. 110. None of the funds in this Act may be used 

23 to compensate in excess of 600 technical staff-years under 

24 the federally funded research and development center con25 tract between the Federal Aviation Administration and the 


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1 Center for Advanced Aviation Systems Development during 

2 fiscal year 2010. 

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

4 to pursue or adopt guidelines or regulations requiring air5 port sponsors to provide to the Federal Aviation Adminis6 tration without cost building construction, maintenance, 

7 utilities and expenses, or space in airport sponsor-owned 

8 buildings for services relating to air traffic control, air 

9 navigation, or weather reporting: Provided, That the prohi10 bition of funds in this section does not apply to negotiations 

11 between the agency and airport sponsors to achieve agree12 ment on ‘‘below-market’’ rates for these items or to grant 

13 assurances that require airport sponsors to provide land 

14 without cost to the FAA for air traffic control facilities. 

15 SEC. 112. The Administrator of the Federal Aviation 

16 Administration may reimburse amounts made available to 

17 satisfy 49 U.S.C. 41742(a)(1) from fees credited under 49 

18 U.S.C. 45303: Provided, That during fiscal year 2010, 49 

19 U.S.C. 41742(b) shall not apply, and any amount remain20 ing in such account at the close of that fiscal year may 

21 be made available to satisfy section 41742(a)(1) for the sub22 sequent fiscal year. 

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

24 title 49, United States Code, shall be credited to the approVerDate Nov 24 2008 02:06 Sep 19, 2009 Jkt 079200 PO 00000 Frm 00177 Fmt 6652 Sfmt 6203 E:\BILLS\H3288.PP H3288

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1 priation current at the time of collection, to be merged with 

2 and available for the same purposes of such appropriation. 

3 SEC. 114. None of the funds limited by this Act for 

4 grants under the Airport Improvement Program shall be 

5 made available to the sponsor of a commercial service air6 port if such sponsor fails to agree to a request from the 

7 Secretary of Transportation for cost-free space in a non8 revenue producing, public use area of the airport terminal 

9 or other airport facilities for the purpose of carrying out 

10 a public service air passenger rights and consumer outreach 

11 campaign. 

12 SEC. 115. None of the funds in this Act shall be avail13 able for paying premium pay under subsection 5546(a) of 

14 title 5, United States Code, to any Federal Aviation Admin15 istration employee unless such employee actually performed 

16 work during the time corresponding to such premium pay. 

17 SEC. 116. None of the funds in this Act may be obli18 gated or expended for an employee of the Federal Aviation 

19 Administration to purchase a store gift card or gift certifi20 cate through use of a Government-issued credit card. 

21 SEC. 117. The Secretary shall apportion to the sponsor 

22 of an airport that received scheduled or unscheduled air 

23 service from a large certified air carrier (as defined in part 

24 241 of title 14 Code of Federal Regulations, or such other 

25 regulations as may be issued by the Secretary under the 


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1 authority of section 41709) an amount equal to the min2 imum apportionment specified in 49 U.S.C. 47114(c), if 

3 the Secretary determines that airport had more than 10,000 

4 passenger boardings in the preceding calendar year, based 

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

6 14, Code of Federal Regulations. 

7 FEDERAL HIGHWAY ADMINISTRATION

8 LIMITATION ON ADMINISTRATIVE EXPENSES

9 (INCLUDING TRANSFER OF FUNDS)

10 Not to exceed $415,396,000, together with advances 

11 and reimbursements received by the Federal Highway Ad12 ministration, shall be paid in accordance with law from 

13 appropriations made available by this Act to the Federal 

14 Highway Administration for necessary expenses for admin15 istration and operation. In addition, not to exceed 

16 $3,524,000 shall be paid from appropriations made avail17 able by this Act and transferred to the Department of 

18 Transportation’s Office of Inspector General for costs asso19 ciated with audits and investigations of projects and pro20 grams of the Federal Highway Administration, and not to 

21 exceed $285,000 shall be paid from appropriations made 

22 available by this Act and provided to that office through 

23 reimbursement to conduct the annual audits of financial 

24 statements in accordance with section 3521 of title 31, 

25 United States Code. In addition, not to exceed $3,124,000 


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1 shall be paid from appropriations made available by this 

2 Act and transferred to the Appalachian Regional Commis3 sion in accordance with section 104 of title 23, United 

4 States Code. 

5 FEDERAL-AID HIGHWAYS

6 (LIMITATION ON OBLIGATIONS)

7 (HIGHWAY TRUST FUND)

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

9 the implementation or execution of programs, the obliga10 tions for which are in excess of $41,107,000,000 for Federal11 aid highways and highway safety construction programs for 

12 fiscal year 2010: Provided, That within the $41,107,000,000 

13 obligation limitation on Federal-aid highways and highway 

14 safety construction programs, not more than $429,800,000 

15 shall be available for the implementation or execution of 

16 programs for transportation research (chapter 5 of title 23, 

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

18 49, United States Code; and title 5 of Public Law 109– 

19 59) for fiscal year 2010: Provided further, That this limita20 tion on transportation research programs shall not apply 

21 to any authority previously made available for obligation: 

22 Provided further, That the Secretary may, as authorized by 

23 section 605(b) of title 23, United States Code, collect and 

24 spend fees to cover the costs of services of expert firms, in25 cluding counsel, in the field of municipal and project fiVerDate Nov 24 2008 02:06 Sep 19, 2009 Jkt 079200 PO 00000 Frm 00180 Fmt 6652 Sfmt 6203 E:\BILLS\H3288.PP H3288

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1 nance to assist in the underwriting and servicing of Federal 

2 credit instruments and all or a portion of the costs to the 

3 Federal Government of servicing such credit instruments: 

4 Provided further, That such fees are available until ex5 pended to pay for such costs: Provided further, That such 

6 amounts are in addition to administrative expenses that 

7 are also available for such purpose, and are not subject to 

8 any obligation limitation or the limitation on administra9 tive expenses under section 608 of title 23, United States 

10 Code. 

11 (LIQUIDATION OF CONTRACT AUTHORIZATION)

12 (HIGHWAY TRUST FUND)

13 For carrying out the provisions of title 23, United 

14 States Code, that are attributable to Federal-aid highways, 

15 not otherwise provided, including reimbursement for sums 

16 expended pursuant to the provisions of 23 U.S.C. 308, 

17 $41,846,000,000 or so much thereof as may be available in 

18 and derived from the Highway Trust Fund (other than the 

19 Mass Transit Account), to remain available until expended. 

20 ADMINISTRATIVE PROVISIONS—FEDERAL HIGHWAY

21 ADMINISTRATION

22 SEC. 120. (a) For fiscal year 2009, the Secretary of 

23 Transportation shall— 

24 (1) not distribute from the obligation limitation 

25 for Federal-aid highways amounts authorized for adVerDate Nov 24 2008 02:06 Sep 19, 2009 Jkt 079200 PO 00000 Frm 00181 Fmt 6652 Sfmt 6203 E:\BILLS\H3288.PP H3288

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1 ministrative expenses and programs by section 104(a) 

2 of title 23, United States Code; programs funded from 

3 the administrative takedown authorized by section 

4 104(a)(1) of title 23, United States Code (as in effect 

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

6 Accountable, Flexible, Efficient Transportation Eq7 uity Act: A Legacy for Users); the highway use tax 

8 evasion program; and the Bureau of Transportation 

9 Statistics; 

10 (2) not distribute an amount from the obligation 

11 limitation for Federal-aid highways that is equal to 

12 the unobligated balance of amounts made available 

13 from the Highway Trust Fund (other than the Mass 

14 Transit Account) for Federal-aid highways and high15 way safety programs for previous fiscal years the 

16 funds for which are allocated by the Secretary; 

17 (3) determine the ratio that— 

18 (A) the obligation limitation for Federal-aid 

19 highways, less the aggregate of amounts not dis20 tributed under paragraphs (1) and (2), bears to 

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

22 appropriated for Federal-aid highways and high23 way safety construction programs (other than 

24 sums authorized to be appropriated for provi25 sions of law described in paragraphs (1) through 


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

2 appropriated for section 105 of title 23, United 

3 States Code, equal to the amount referred to in 

4 subsection (b)(10) for such fiscal year), less the 

5 aggregate of the amounts not distributed under 

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

7 (4)(A) distribute the obligation limitation for 

8 Federal-aid highways, less the aggregate amounts not 

9 distributed under paragraphs (1) and (2), for sections 

10 1301, 1302, and 1934 of the Safe, Accountable, Flexi11 ble, Efficient Transportation Equity Act: A Legacy 

12 for Users; sections 117 (but individually for each 

13 project numbered 1 through 3676 listed in the table 

14 contained in section 1702 of the Safe, Accountable, 

15 Flexible, Efficient Transportation Equity Act: A Leg16 acy for Users) and section 144(g) of title 23, United 

17 States Code; and section 14501 of title 40, United 

18 States Code, so that the amount of obligation author19 ity available for each of such sections is equal to the 

20 amount determined by multiplying the ratio deter21 mined under paragraph (3) by the sums authorized 

22 to be appropriated for that section for the fiscal year; 

23 and 

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

25 title 23, United States Code; 


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1 (5) distribute the obligation limitation provided 

2 for Federal-aid highways, less the aggregate amounts 

3 not distributed under paragraphs (1) and (2) and 

4 amounts distributed under paragraph (4), for each of 

5 the programs that are allocated by the Secretary 

6 under the Safe, Accountable, Flexible, Efficient Trans7 portation Equity Act: A Legacy for Users and title 

8 23, United States Code (other than to programs to 

9 which paragraphs (1) and (4) apply), by multiplying 

10 the ratio determined under paragraph (3) by the 

11 amounts authorized to be appropriated for each such 

12 program for such fiscal year; and 

13 (6) distribute the obligation limitation provided 

14 for Federal-aid highways, less the aggregate amounts 

15 not distributed under paragraphs (1) and (2) and 

16 amounts distributed under paragraphs (4) and (5), 

17 for Federal-aid highways and highway safety con18 struction programs (other than the amounts appor19 tioned for the equity bonus program, but only to the 

20 extent that the amounts apportioned for the equity 

21 bonus program for the fiscal year are greater than 

22 $2,639,000,000, and the Appalachian development 

23 highway system program) that are apportioned by the 

24 Secretary under the Safe, Accountable, Flexible, EffiVerDate Nov 24 2008 02:06 Sep 19, 2009 Jkt 079200 PO 00000 Frm 00184 Fmt 6652 Sfmt 6203 E:\BILLS\H3288.PP H3288

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1 cient Transportation Equity Act: A Legacy for Users 

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

3 (A) amounts authorized to be appropriated 

4 for such programs that are apportioned to each 

5 State for such fiscal year, bear to 

6 (B) the total of the amounts authorized to 

7 be appropriated for such programs that are ap8 portioned to all States for such fiscal year. 

9 (b) EXCEPTIONS FROM OBLIGATION LIMITATION.— 

10 The obligation limitation for Federal-aid highways shall 

11 not apply to obligations: (1) under section 125 of title 23, 

12 United States Code; (2) under section 147 of the Surface 

13 Transportation Assistance Act of 1978; (3) under section 

14 9 of the Federal-Aid Highway Act of 1981; (4) under sub15 sections (b) and (j) of section 131 of the Surface Transpor16 tation Assistance Act of 1982; (5) under subsections (b) and 

17 (c) of section 149 of the Surface Transportation and Uni18 form Relocation Assistance Act of 1987; (6) under sections 

19 1103 through 1108 of the Intermodal Surface Transpor20 tation Efficiency Act of 1991; (7) under section 157 of title 

21 23, United States Code, as in effect on the day before the 

22 date of the enactment of the Transportation Equity Act for 

23 the 21st Century; (8) under section 105 of title 23, United 

24 States Code, as in effect for fiscal years 1998 through 2004, 

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


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

2 which obligation authority was made available under the 

3 Transportation Equity Act for the 21st Century or subse4 quent public laws for multiple years or to remain available 

5 until used, but only to the extent that the obligation author6 ity has not lapsed or been used; (10) under section 105 of 

7 title 23, United States Code, but only in an amount equal 

8 to $639,000,000 for each of fiscal years 2005 through 2010; 

9 and (11) under section 1603 of the Safe, Accountable, Flexi10 ble, Efficient Transportation Equity Act: A Legacy for 

11 Users, to the extent that funds obligated in accordance with 

12 that section were not subject to a limitation on obligations 

13 at the time at which the funds were initially made available 

14 for obligation. 

15 (c) REDISTRIBUTION OF UNUSED OBLIGATION AU16 THORITY.—Notwithstanding subsection (a), the Secretary 

17 shall, after August 1 of such fiscal year, revise a distribu18 tion of the obligation limitation made available under sub19 section (a) if the amount distributed cannot be obligated 

20 during that fiscal year and redistribute sufficient amounts 

21 to those States able to obligate amounts in addition to those 

22 previously distributed during that fiscal year, giving pri23 ority to those States having large unobligated balances of 

24 funds apportioned under sections 104 and 144 of title 23, 

25 United States Code. 


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1 (d) APPLICABILITY OF OBLIGATION LIMITATIONS TO

2 TRANSPORTATION RESEARCH PROGRAMS.—The obligation 

3 limitation shall apply to transportation research programs 

4 carried out under chapter 5 of title 23, United States Code, 

5 and title V (research title) of the Safe, Accountable, Flexible, 

6 Efficient Transportation Equity Act: A Legacy for Users, 

7 except that obligation authority made available for such 

8 programs under such limitation shall remain available for 

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

10 amount of any limitation imposed on obligations for Fed11 eral-aid highway and highway safety construction pro12 grams for future fiscal years. 

13 (e) REDISTRIBUTION OF CERTAIN AUTHORIZED

14 FUNDS.— 

15 (1) IN GENERAL.—Not later than 30 days after 

16 the date of the distribution of obligation limitation 

17 under subsection (a), the Secretary shall distribute to 

18 the States any funds that— 

19 (A) are authorized to be appropriated for 

20 such fiscal year for Federal-aid highways pro21 grams; and 

22 (B) the Secretary determines will not be al23 located to the States, and will not be available 

24 for obligation, in such fiscal year due to the imVerDate Nov 24 2008 02:06 Sep 19, 2009 Jkt 079200 PO 00000 Frm 00187 Fmt 6652 Sfmt 6203 E:\BILLS\H3288.PP H3288

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1 position of any obligation limitation for such fis2 cal year. 

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

4 paragraph (1) in the same ratio as the distribution 

5 of obligation authority under subsection (a)(6). 

6 (3) AVAILABILITY.—Funds distributed under 

7 paragraph (1) shall be available for any purposes de8 scribed in section 133(b) of title 23, United States 

9 Code. 

10 (f) SPECIAL LIMITATION CHARACTERISTICS.—Obliga11 tion limitation distributed for a fiscal year under sub12 section (a)(4) for the provision specified in subsection (a)(4) 

13 shall— 

14 (1) remain available until used for obligation of 

15 funds for that provision; and 

16 (2) be in addition to the amount of any limita17 tion imposed on obligations for Federal-aid highway 

18 and highway safety construction programs for future 

19 fiscal years. 

20 (g) HIGH PRIORITY PROJECT FLEXIBILITY.— 

21 (1) IN GENERAL.—Subject to paragraph (2), ob22 ligation authority distributed for such fiscal year 

23 under subsection (a)(4) for each project numbered 1 

24 through 3676 listed in the table contained in section 

25 1702 of the Safe, Accountable, Flexible, Efficient 


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1 Transportation Equity Act: A Legacy for Users may 

2 be obligated for any other project in such section in 

3 the same State. 

4 (2) RESTORATION.—Obligation authority used 

5 as described in paragraph (1) shall be restored to the 

6 original purpose on the date on which obligation au7 thority is distributed under this section for the next 

8 fiscal year following obligation under paragraph (1). 

9 (h) LIMITATION ON STATUTORY CONSTRUCTION.— 

10 Nothing in this section shall be construed to limit the dis11 tribution of obligation authority under subsection (a)(4)(A) 

12 for each of the individual projects numbered greater than 

13 3676 listed in the table contained in section 1702 of the 

14 Safe, Accountable, Flexible, Efficient Transportation Eq15 uity Act: A Legacy for Users. 

16 SEC. 121. Notwithstanding 31 U.S.C. 3302, funds re17 ceived by the Bureau of Transportation Statistics from the 

18 sale of data products, for necessary expenses incurred pur19 suant to 49 U.S.C. 111 may be credited to the Federal-aid 

20 highways account for the purpose of reimbursing the Bu21 reau for such expenses: Provided, That such funds shall be 

22 subject to the obligation limitation for Federal-aid high23 ways and highway safety construction. 

24 SEC. 122. There is hereby appropriated to the Sec25 retary of Transportation $165,000,000 for surface transporVerDate Nov 24 2008 02:06 Sep 19, 2009 Jkt 079200 PO 00000 Frm 00189 Fmt 6652 Sfmt 6203 E:\BILLS\H3288.PP H3288

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1 tation priorities: Provided, That the amount provided by 

2 this section shall be made available for the programs, 

3 projects and activities identified under this section in the 

4 committee report accompanying this Act: Provided further, 

5 That funds provided by this section, at the request of a 

6 State, shall be transferred by the Secretary to another Fed7 eral agency: Provided further, That the Federal share pay8 able on account of any program, project, or activity carried 

9 out with funds set aside by this section shall be 100 percent: 

10 Provided further, That the sums set aside by this section 

11 shall remain available until expended: Provided further, 

12 That none of the funds set aside by this section shall be 

13 subject to any limitation on obligations for Federal-aid 

14 highways and highway safety construction programs set 

15 forth in this Act or any other Act. 

16 SEC. 123. There is hereby appropriated to the Sec17 retary of Transportation $1,400,000,000, to remain avail18 able through September 30, 2012: Provided, That of the 

19 funds provided under this section, $500,000,000 shall be 

20 made available to pay subsidy and administrative costs 

21 under chapter 6 of title 23, United States Code: Provided 

22 further, That after making the set-aside required under the 

23 preceding proviso, the funds provided under this section 

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

25 obligation limitation for fiscal year 2010 is distributed 


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

2 available for the restoration, repair, construction, and other 

3 activities eligible under paragraph (b) of section 133 of title 

4 23, United States Code: Provided further, That funds ap5 portioned under this section shall be administered as if ap6 portioned under chapter 1 of title 23, United States Code: 

7 Provided further, That the Federal share payable on ac8 count of any project or activity carried out with funds ap9 portioned under this section shall be 80 percent: Provided 

10 further, That funding provided under this section shall be 

11 in addition to any and all funds provided for fiscal year 

12 2010 in this or any other Act for ‘‘Federal-aid Highways’’ 

13 and shall not affect the distribution of funds provided for 

14 ‘‘Federal-aid Highways’’ in any other Act: Provided fur15 ther, That the amounts made available under this section 

16 shall not be subject to any limitation on obligations for Fed17 eral-aid highways or highway safety construction programs 

18 set forth in any Act: Provided further, That section 1101(b) 

19 of Public Law 109–59 shall apply to funds apportioned 

20 under this heading. 

21 SEC. 124. Not less than 15 days prior to waiving, 

22 under his or her statutory authority, any Buy America re23 quirement for Federal-aid highway projects, the Secretary 

24 of Transportation shall make an informal public notice and 

25 comment opportunity on the intent to issue such waiver and 


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1 the reasons therefor: Provided, That the Secretary shall pro2 vide an annual report to the Appropriations Committees 

3 of the Congress on any waivers granted under the Buy 

4 America requirements. 

5 SEC. 125. (a) IN GENERAL.—Except as provided in 

6 subsection (b), none of the funds made available, limited, 

7 or otherwise affected by this Act shall be used to approve 

8 or otherwise authorize the imposition of any toll on any 

9 segment of highway located on the Federal-aid system in 

10 the State of Texas that— 

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

12 tolled; 

13 (2) is constructed with Federal assistance pro14 vided under title 23, United States Code; and 

15 (3) is in actual operation as of the date of enact16 ment of this Act. 

17 (b) EXCEPTIONS.— 

18 (1) NUMBER OF TOLL LANES.—Subsection (a) 

19 shall not apply to any segment of highway on the 

20 Federal-aid system described in that subsection that, 

21 as of the date on which a toll is imposed on the seg22 ment, will have the same number of non-toll lanes as 

23 were in existence prior to that date. 

24 (2) HIGH-OCCUPANCY VEHICLE LANES.—A high25 occupancy vehicle lane that is converted to a toll lane 


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1 shall not be subject to this section, and shall not be 

2 considered to be a non-toll lane for purposes of deter3 mining whether a highway will have fewer non-toll 

4 lanes than prior to the date of imposition of the toll, 

5 if— 

6 (A) high-occupancy vehicles occupied by the 

7 number of passengers specified by the entity op8 erating the toll lane may use the toll lane with9 out paying a toll, unless otherwise specified by 

10 the appropriate county, town, municipal or 

11 other local government entity, or public toll road 

12 or transit authority; or 

13 (B) each high-occupancy vehicle lane that 

14 was converted to a toll lane was constructed as 

15 a temporary lane to be replaced by a toll lane 

16 under a plan approved by the appropriate coun17 ty, town, municipal or other local government 

18 entity, or public toll road or transit authority. 

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

20 1702 of the Safe, Accountable, Flexible, Efficient Transpor21 tation Equity Act: A Legacy for Users (Public Law 109– 

22 59) is amended by striking ‘‘Repair and restore’’ and in23 serting ‘‘Removal of and enhancements around’’. 

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

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1 tation Equity Act: A Legacy for Users (Public Law 109– 

2 59) is amended by striking ‘‘to 4 lanes from I–10 to West 

3 U.S. 90’’. 

4 SEC. 128. Funds made available for ‘‘Brentwood Bou5 levard/SR 4 Improvements, Brentwood, CA’’ under section 

6 129 of Public Law 110–161 shall be made available for 

7 ‘‘John Muir Parkway Project, Brentwood, CA’’. 

8 SEC. 129. The table contained in section 1702 of the 

9 Safe, Accountable, Flexible, Efficient Transportation Eq10 uity Act: A Legacy for Users (119 Stat. 1256) is amended 

11 in item number 3138 by striking the project description and 

12 inserting ‘‘Elimination of highway-railway crossings and 

13 rehabilitation of rail along the KO railroad to Osborne’’. 

14 SEC. 130. Funds made available for ‘‘City of Tusca15 loosa Downtown Revitalization Project—University Blvd 

16 and Greensboro Avenue, AL’’ under section 125 of Public 

17 Law 111–8 shall be made available for ‘‘City of Tuscaloosa 

18 Downtown Revitalization Project—University Blvd’’. 

19 SEC. 131. The table contained in section 1702 of the 

20 Safe, Accountable, Flexible, Efficient Transportation Eq21 uity Act: A Legacy for Users (119 Stat. 1256) is amended 

22 by striking the project description for item number 4573 

23 and inserting the following: ‘‘Design and construct inter24 change on I–15 in Mesquite’’. 


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1 FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION

2 MOTOR CARRIER SAFETY OPERATIONS AND PROGRAMS

3 (LIQUIDATION OF CONTRACT AUTHORIZATION)

4 (LIMITATION ON OBLIGATIONS)

5 (HIGHWAY TRUST FUND)

6 For payment of obligations incurred in the implemen7 tation, execution and administration of motor carrier safe8 ty operations and programs pursuant to section 31104(I) 

9 of title 49, United States Code, and sections 4127 and 4134 

10 of Public Law 109–59, $238,500,000, to be derived from the 

11 Highway Trust Fund (other than the Mass Transit Ac12 count), together with advances and reimbursements received 

13 by the Federal Motor Carrier Safety Administration, the 

14 sum of which shall remain available until expended: Pro15 vided, That none of the funds derived from the Highway 

16 Trust Fund in this Act shall be available for the implemen17 tation, execution or administration of programs, the obliga18 tions for which are in excess of $238,500,000, for ‘‘Motor 

19 Carrier Safety Operations and Programs’’ of which 

20 $8,543,000, to remain available for obligation until Sep21 tember 30, 2012, is for the research and technology program 

22 and $1,000,000 shall be available for commercial motor ve23 hicle operator’s grants to carry out section 4134 of Public 

24 Law 109–59: Provided further, That an additional 

25 $1,328,000 shall be appropriated from the General Fund 


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1 for the execution and administration of motor carrier safety 

2 operations and programs: Provided further, That notwith3 standing any other provision of law, none of the funds 

4 under this heading for outreach and education shall be 

5 available for transfer: Provided further, That the Federal 

6 Motor Carrier Safety Administration shall transmit to 

7 Congress bi-annual reports on the agency’s ability to meet 

8 its requirement to conduct compliance reviews on high-risk 

9 carriers. 

10 MOTOR CARRIER SAFETY GRANTS

11 (LIQUIDATION OF CONTRACT AUTHORIZATION)

12 (LIMITATION ON OBLIGATIONS)

13 (HIGHWAY TRUST FUND)

14 (INCLUDING RESCISSION)

15 For payment of obligations incurred in carrying out 

16 sections 31102, 31104(a), 31106, 31107, 31109, 31309, 

17 31313 of title 49, United States Code, and sections 4126 

18 and 4128 of Public Law 109–59, $310,070,000, to be de19 rived from the Highway Trust Fund (other than the Mass 

20 Transit Account) and to remain available until expended: 

21 Provided, That none of the funds in this Act shall be avail22 able for the implementation or execution of programs, the 

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

24 ‘‘Motor Carrier Safety Grants’’; of which $212,070,000 shall 

25 be available for the motor carrier safety assistance program 


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1 to carry out sections 31102 and 31104(a) of title 49, United 

2 States Code; $25,000,000 shall be available for the commer3 cial driver’s license improvements program to carry out sec4 tion 31313 of title 49, United States Code; $32,000,000 shall 

5 be available for the border enforcement grants program to 

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

7 $5,000,000 shall be available for the performance and reg8 istration information system management program to 

9 carry out sections 31106(b) and 31109 of title 49, United 

10 States Code; $25,000,000 shall be available for the commer11 cial vehicle information systems and networks deployment 

12 program to carry out section 4126 of Public Law 109–59; 

13 $3,000,000 shall be available for the safety data improve14 ment program to carry out section 4128 of Public Law 109– 

15 59; and $8,000,000 shall be available for the commercial 

16 driver’s license information system modernization program 

17 to carry out section 31309(e) of title 49, United States Code: 

18 Provided further, That of the funds made available for the 

19 motor carrier safety assistance program, $29,000,000 shall 

20 be available for audits of new entrant motor carriers: Pro21 vided further, That $1,530,000 in unobligated balances are 

22 permanently rescinded. 


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1 MOTOR CARRIER SAFETY

2 (HIGHWAY TRUST FUND)

3 (RESCISSION)

4 Of the amounts made available under this heading in 

5 prior appropriations Acts, $3,400,000 in unobligated bal6 ances are permanently rescinded. 

7 NATIONAL MOTOR CARRIER SAFETY PROGRAM

8 (HIGHWAY TRUST FUND)

9 (RESCISSION)

10 Of the amounts made available under this heading in 

11 prior appropriations Acts, $400,000 in unobligated bal12 ances are permanently rescinded. 

13 ADMINISTRATIVE PROVISION—FEDERAL MOTOR CARRIER

14 SAFETY ADMINISTRATION

15 SEC. 135. Funds appropriated or limited in this Act 

16 shall be subject to the terms and conditions stipulated in 

17 section 350 of Public Law 107–87 and section 6901 of Pub18 lic Law 110–28, including that the Secretary submit a re19 port to the House and Senate Appropriations Committees 

20 annually on the safety and security of transportation into 

21 the United States by Mexico-domiciled motor carriers. 

22 NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION

23 OPERATIONS AND RESEARCH

24 For expenses necessary to discharge the functions of the 

25 Secretary, with respect to traffic and highway safety under 


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

2 and part C of subtitle VI of title 49, United States Code, 

3 $135,803,000, of which $31,670,000 shall remain available 

4 through September 30, 2011: Provided, That none of the 

5 funds appropriated by this Act may be obligated or ex6 pended to plan, finalize, or implement any rulemaking to 

7 add to section 575.104 of title 49 of the Code of Federal 

8 Regulations any requirement pertaining to a grading 

9 standard that is different from the three grading standards 

10 (treadwear, traction, and temperature resistance) already 

11 in effect. 

12 OPERATIONS AND RESEARCH

13 (LIQUIDATION OF CONTRACT AUTHORIZATION)

14 (LIMITATION ON OBLIGATIONS)

15 (HIGHWAY TRUST FUND)

16 For payment of obligations incurred in carrying out 

17 the provisions of 23 U.S.C. 403, $105,500,000 to be derived 

18 from the Highway Trust Fund (other than the Mass Transit 

19 Account) and to remain available until expended: Provided, 

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

21 the planning or execution of programs the total obligations 

22 for which, in fiscal year 2010, are in excess of $105,500,000 

23 for programs authorized under 23 U.S.C. 403: Provided fur24 ther, That within the $105,500,000 obligation limitation for 

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


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1 until September 30, 2010 and shall be in addition to the 

2 amount of any limitation imposed on obligations for future 

3 years. 

4 NATIONAL DRIVER REGISTER

5 (LIQUIDATION OF CONTRACT AUTHORIZATION)

6 (LIMITATION ON OBLIGATIONS)

7 (HIGHWAY TRUST FUND)

8 For payment of obligations incurred in carrying out 

9 chapter 303 of title 49, United States Code, $4,000,000, to 

10 be derived from the Highway Trust Fund (other than the 

11 Mass Transit Account) and to remain available until ex12 pended: Provided, That none of the funds in this Act shall 

13 be available for the implementation or execution of pro14 grams the total obligations for which, in fiscal year 2010, 

15 are in excess of $4,000,000 for the National Driver Register 

16 authorized under such chapter. 

17 NATIONAL DRIVER REGISTER MODERNIZATION

18 For an additional amount for the ‘‘National Driver 

19 Register’’ as authorized by chapter 303 of title 49, United 

20 States Code, $3,350,000, to remain available through Sep21 tember 30, 2011: Provided, That the funding made available 

22 under this heading shall be used to carry out the moderniza23 tion of the National Driver Register. 


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1 HIGHWAY TRAFFIC SAFETY GRANTS

2 (LIQUIDATION OF CONTRACT AUTHORIZATION)

3 (LIMITATION ON OBLIGATIONS)

4 (HIGHWAY TRUST FUND)

5 For payment of obligations incurred in carrying out 

6 the provisions of 23 U.S.C. 402, 405, 406, 408, and 410 

7 and sections 2001(a)(11), 2009, 2010, and 2011 of Public 

8 Law 109–59, to remain available until expended, 

9 $619,500,000 to be derived from the Highway Trust Fund 

10 (other than the Mass Transit Account): Provided, That none 

11 of the funds in this Act shall be available for the planning 

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

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

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

15 and sections 2001(a)(11), 2009, 2010, and 2011 of Public 

16 Law 109–59, of which $235,000,000 shall be for ‘‘Highway 

17 Safety Programs’’ under 23 U.S.C. 402; $25,000,000 shall 

18 be for ‘‘Occupant Protection Incentive Grants’’ under 23 

19 U.S.C. 405; $124,500,000 shall be for ‘‘Safety Belt Perform20 ance Grants’’ under 23 U.S.C. 406, and such obligation 

21 limitation shall remain available until September 30, 2011 

22 in accordance with subsection (f) of such section 406 and 

23 shall be in addition to the amount of any limitation im24 posed on obligations for such grants for future fiscal years; 

25 $34,500,000 shall be for ‘‘State Traffic Safety Information 


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1 System Improvements’’ under 23 U.S.C. 408; $139,000,000 

2 shall be for ‘‘Alcohol-Impaired Driving Countermeasures 

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

4 $18,500,000 shall be for ‘‘Administrative Expenses’’ under 

5 section 2001(a)(11) of Public Law 109–59; $29,000,000 

6 shall be for ‘‘High Visibility Enforcement Program’’ under 

7 section 2009 of Public Law 109–59; $7,000,000 shall be for 

8 ‘‘Motorcyclist Safety’’ under section 2010 of Public Law 

9 109–59; and $7,000,000 shall be for ‘‘Child Safety and 

10 Child Booster Seat Safety Incentive Grants’’ under section 

11 2011 of Public Law 109–59: Provided further, That none 

12 of these funds shall be used for construction, rehabilitation, 

13 or remodeling costs, or for office furnishings and fixtures 

14 for State, local or private buildings or structures: Provided 

15 further, That not to exceed $500,000 of the funds made 

16 available for section 410 ‘‘Alcohol-Impaired Driving Coun17 termeasures Grants’’ shall be available for technical assist18 ance to the States: Provided further, That not to exceed 

19 $750,000 of the funds made available for the ‘‘High Visi20 bility Enforcement Program’’ shall be available for the eval21 uation required under section 2009(f) of Public Law 109– 

22 59. 


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1 ADMINISTRATIVE PROVISIONS—NATIONAL HIGHWAY

2 TRAFFIC SAFETY ADMINISTRATION

3 SEC. 140. Notwithstanding any other provision of law 

4 or limitation on the use of funds made available under sec5 tion 403 of title 23, United States Code, an additional 

6 $130,000 shall be made available to the National Highway 

7 Traffic Safety Administration, out of the amount limited 

8 for section 402 of title 23, United States Code, to pay for 

9 travel and related expenses for State management reviews 

10 and to pay for core competency development training and 

11 related expenses for highway safety staff. 

12 SEC. 141. The limitations on obligations for the pro13 grams of the National Highway Traffic Safety Administra14 tion set in this Act shall not apply to obligations for which 

15 obligation authority was made available in previous public 

16 laws for multiple years but only to the extent that the obli17 gation authority has not lapsed or been used. 

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

19 heading ‘‘Operations and Research (Liquidation of Con20 tract Authorization) (Limitation on Obligations) (Highway 

21 Trust Fund)’’ in prior appropriations Acts, $2,299,000 in 

22 unobligated balances are rescinded. 

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

24 heading ‘‘Highway Traffic Safety Grants (Liquidation of 

25 Contract Authorization) (Limitation on Obligations) 


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1 (Highway Trust Fund)’’ in prior appropriations Acts, 

2 $14,004,000 in unobligated balances are rescinded. 

3 FEDERAL RAILROAD ADMINISTRATION

4 SAFETY AND OPERATIONS

5 For necessary expenses of the Federal Railroad Admin6 istration, not otherwise provided for, $171,770,000, of which 

7 $12,300,000 shall remain available until expended. 

8 RAILROAD RESEARCH AND DEVELOPMENT

9 For necessary expenses for railroad research and devel10 opment, $34,145,000, to remain available until expended. 

11 RAILROAD REHABILITATION AND IMPROVEMENT FINANCING

12 PROGRAM

13 The Secretary of Transportation is authorized to issue 

14 to the Secretary of the Treasury notes or other obligations 

15 pursuant to section 512 of the Railroad Revitalization and 

16 Regulatory Reform Act of 1976 (Public Law 94–210), as 

17 amended, in such amounts and at such times as may be 

18 necessary to pay any amounts required pursuant to the 

19 guarantee of the principal amount of obligations under sec20 tions 511 through 513 of such Act, such authority to exist 

21 as long as any such guaranteed obligation is outstanding: 

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

23 amended, no new direct loans or loan guarantee commit24 ments shall be made using Federal funds for the credit risk 

25 premium during fiscal year 2010. 


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1 RAIL LINE RELOCATION AND IMPROVEMENT PROGRAM

2 For necessary expenses of carrying out section 20154 

3 of title 49, United States Code, $25,000,000, to remain 

4 available until expended. 

5 RAILROAD SAFETY TECHNOLOGY PROGRAM

6 For necessary expenses of carrying out section 20158 

7 of title 49, United States Code, $50,000,000, to remain 

8 available until expended: Provided, That to be eligible for 

9 assistance under this heading, an entity need not have de10 veloped plans required under subsection 20156(e)(2) of title 

11 49, United States Code, and section 20157 of such title. 

12 OPERATING GRANTS TO THE NATIONAL RAILROAD

13 PASSENGER CORPORATION

14 To enable the Secretary of Transportation to make 

15 quarterly grants to the National Railroad Passenger Cor16 poration for the operation of intercity passenger rail, as 

17 authorized by section 101 of the Passenger Rail Investment 

18 and Improvement Act of 2008 (division B of Public Law 

19 110–432), $553,348,000, to remain available until ex20 pended: Provided, That the Secretary shall not make the 

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

22 available to the Corporation until an Inspector General who 

23 is a member of the Council of the Inspectors General on 

24 Integrity and Efficiency determines that the Corporation 

25 and the Corporation’s Inspector General have agreed upon 


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1 a set of policies and procedures for interacting with each 

2 other that are consistent with the letter and the spirit of 

3 the Inspector General Act of 1978, as amended: Provided 

4 further, That 1 year after such determination is made, the 

5 Council of the Inspectors General on Integrity and Effi6 ciency shall appoint another member to evaluate the current 

7 operational independence of the Amtrak Inspector General: 

8 Provided further, That the Corporation shall reimburse each 

9 Inspector General for all costs incurred in conducting the 

10 determination and the evaluation required by the preceding 

11 two provisos: Provided further, That the amounts available 

12 under this paragraph shall be available for the Secretary 

13 to approve funding to cover operating losses for the Cor14 poration only after receiving and reviewing a grant request 

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

16 such grant request shall be accompanied by a detailed fi17 nancial analysis, revenue projection, and capital expendi18 ture projection justifying the Federal support to the Sec19 retary’s satisfaction: Provided further, That not later than 

20 60 days after enactment of this Act, the Corporation shall 

21 transmit to the Secretary, the Inspector General of the De22 partment of Transportation, and the House and Senate 

23 Committees on Appropriations a plan to achieve savings 

24 through operating efficiencies including, but not limited to, 

25 modifications to food and beverage service and first class 


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1 service: Provided further, That the Inspector General of the 

2 Department of Transportation shall provide semiannual re3 ports to the House and Senate Committees on Appropria4 tions on the estimated savings accrued as a result of all 

5 operational reforms instituted by the Corporation: Provided 

6 further, That not later than 60 days after enactment of this 

7 Act, the Corporation shall transmit, in electronic format, 

8 to the Secretary, the Inspector General of Department of 

9 Transportation, the House and Senate Committees on Ap10 propriations, the House Committee on Transportation and 

11 Infrastructure and the Senate Committee on Commerce, 

12 Science, and Transportation the annual budget and busi13 ness plan and the 5-year financial plan for fiscal year 2010 

14 required under section 204 of the Passenger Rail Investment 

15 and Improvement Act of 2008: Provided further, That the 

16 plan shall also include a separate accounting of ridership, 

17 revenues, and capital and operating expenses for the North18 east Corridor; commuter service; long-distance Amtrak serv19 ice; State-supported service; each intercity train route, in20 cluding Autotrain; and commercial activities including 

21 contract operations: Provided further, That the business 

22 plan shall include a description of the capital investments 

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

24 timetable for completion of the projects covered by this busi25 ness plan: Provided further, That the Corporation shall proVerDate Nov 24 2008 02:06 Sep 19, 2009 Jkt 079200 PO 00000 Frm 00207 Fmt 6652 Sfmt 6203 E:\BILLS\H3288.PP H3288

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1 vide semiannual reports in electronic format regarding the 

2 pending business plan, which shall describe the work com3 pleted to date, any changes to the business plan, and the 

4 reasons for such changes, and shall identify all sole source 

5 contract awards which shall be accompanied by a justifica6 tion as to why said contract was awarded on a sole source 

7 basis: Provided further, That the Corporation’s business 

8 plan and all subsequent supplemental plans shall be dis9 played on the Corporation’s website within a reasonable 

10 timeframe following their submission to the appropriate en11 tities: Provided further, That none of the funds under this 

12 heading may be obligated or expended until the Corporation 

13 agrees to continue abiding by the provisions of paragraphs 

14 1, 2, 5, 9, and 11 of the summary of conditions for the 

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

16 as in effect on the date of enactment of this Act: Provided 

17 further, That concurrent with the President’s budget request 

18 for fiscal year 2011, the Corporation shall submit to the 

19 House and Senate Committees on Appropriations a budget 

20 request for fiscal year 2011 in similar format and substance 

21 to those submitted by executive agencies of the Federal Gov22 ernment. 


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1 CAPITAL AND DEBT SERVICE GRANTS TO THE NATIONAL

2 RAILROAD PASSENGER CORPORATION

3 To enable the Secretary of Transportation to make 

4 grants to the National Railroad Passenger Corporation for 

5 capital investments as authorized by section 101(c) of the 

6 Passenger Rail Investment and Improvement Act of 2008 

7 (division B of Public Law 110–432), $1,001,625,000, to re8 main available until expended, of which not to exceed 

9 $264,000,000 shall be for debt service obligations as author10 ized by section 102 of such Act: Provided, That of the fund11 ing provided under this heading, not less than $144,000,000 

12 shall be for bringing the stations on the Corporation’s rail 

13 system into compliance with the Americans with Disabil14 ities Act: Provided further, That grants shall be provided 

15 to the Corporation only on a reimbursable basis: Provided 

16 further, That the Secretary may retain up to one-half of 

17 1 percent of the funds provided under this heading to fund 

18 the costs of project management oversight of capital projects 

19 funded by grants provided under this heading, as author20 ized by subsection 101(d) of division B of Public Law 110– 

21 432: Provided further, That the Secretary shall approve 

22 funding for capital expenditures, including advance pur23 chase orders of materials, for the Corporation only after re24 ceiving and reviewing a request for each specific capital 

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1 isfaction: Provided further, That none of the funds under 

2 this heading may be used to subsidize operating losses of 

3 the Corporation: Provided further, That none of the funds 

4 under this heading may be used for capital projects not ap5 proved by the Secretary of Transportation or on the Cor6 poration’s fiscal year 2010 business plan: Provided further, 

7 That, the business plan shall be accompanied by a com8 prehensive fleet plan for all Amtrak rolling stock which 

9 shall address the Corporation’s detailed plans and time10 frames for the maintenance, refurbishment, replacement 

11 and expansion of the Amtrak fleet: Provided further, That 

12 said fleet plan shall establish year-specific goals and mile13 stones and discuss potential, current, and preferred financ14 ing options for all such activities. 

15 CAPITAL ASSISTANCE FOR HIGH SPEED RAIL CORRIDORS

16 AND INTERCITY PASSENGER RAIL SERVICE

17 To enable the Secretary of Transportation to make 

18 grants for high-speed rail projects as authorized under sec19 tion 26106 of title 49, United States Code, capital invest20 ment grants to support intercity passenger rail service as 

21 authorized under section 24406 of title 49, United States 

22 Code, and congestion grants as authorized under section 

23 24105 of title 49, United States Code, and to enter into 

24 cooperative agreements for these purposes as authorized, 

25 $1,200,000,000, to remain available until expended: ProVerDate Nov 24 2008 02:06 Sep 19, 2009 Jkt 079200 PO 00000 Frm 00210 Fmt 6652 Sfmt 6203 E:\BILLS\H3288.PP H3288

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1 vided, That none of the funds provided under this heading 

2 may be used for planning activities: Provided further, That 

3 not less than 75 percent of the funds provided under this 

4 heading shall be for cooperative agreements that lead to the 

5 development of entire segments or phases of intercity or 

6 high-speed rail corridors: Provided further, That the Sec7 retary shall issue interim guidance to applicants covering 

8 application procedures and administer the grants provided 

9 under this heading pursuant to that guidance until final 

10 regulations are issued: Provided further, That the Secretary 

11 shall not award grants under this heading sooner than 2 

12 weeks after he has submitted to the Congress a national rail 

13 plan as required by section 103(j) of title 49, United States 

14 Code: Provided further, That the Federal share payable of 

15 the costs for which a grant or cooperative agreements is 

16 made under this heading shall not exceed 80 percent: Pro17 vided further, That in addition to the provisions of title 

18 49, United States Code, that apply to each of the individual 

19 programs funded under this heading, subsections 

20 24402(a)(2), 24402(f), 24402(i), and 24403(a) and (c) of 

21 title 49, United States Code, shall also apply to the provi22 sion of funds provided under this heading: Provided further, 

23 That a project need not be in a State rail plan developed 

24 under Chapter 227 of title 49, United States Code, to be 

25 eligible for assistance under this heading: Provided further, 


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1 That the Secretary shall give priority to applications under 

2 section 24406 of title 49, United States Code, to projects 

3 that improve the safety and reliability of intercity pas4 senger trains, involve a commitment by freight railroads 

5 to an enforceable on-time performance of passenger trains 

6 of 80 percent or greater, involve a commitment by freight 

7 railroads of financial resources commensurate with the ben8 efit expected to their operations, improve or extend service 

9 on a route that requires little or no Federal assistance for 

10 its operations, or involve a commitment by States or rail11 roads of financial resources to improve the safety of high12 way/rail grade crossings over which the passenger service 

13 operates: Provided further, That the Administrator of the 

14 Federal Railroad Administration may retain up to 

15 $50,000,000 of the funds provided under this heading for 

16 the purposes of conducting research, development and dem17 onstration of technologies and undertaking analyses sup18 porting development of high-speed rail in the United States, 

19 including implementation of the Rail Cooperative Research 

20 Program authorized by section 24910 of title 49, United 

21 States Code: Provided further, That in lieu of the provisions 

22 of the subsection 24403(b) of title 49, United States Code, 

23 the Administrator of the Federal Railroad Administration 

24 may retain up to $30,000,000 of the funds provided under 

25 this heading to fund the award and oversight by the AdminVerDate Nov 24 2008 02:06 Sep 19, 2009 Jkt 079200 PO 00000 Frm 00212 Fmt 6652 Sfmt 6203 E:\BILLS\H3288.PP H3288

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1 istrator of grants and cooperative agreements for intercity 

2 and high speed rail. 

3 ADMINISTRATIVE PROVISIONS—FEDERAL RAILROAD

4 ADMINISTRATION

5 SEC. 151. The Secretary may purchase promotional 

6 items of nominal value for use in public outreach activities 

7 to accomplish the purposes of 49 U.S.C. 20134: Provided, 

8 That the Secretary shall prescribe guidelines for the admin9 istration of such purchases and use. 

10 SEC. 152. Hereafter, notwithstanding any other provi11 sion of law, funds provided in this Act for the National 

12 Railroad Passenger Corporation shall immediately cease to 

13 be available to said Corporation in the event that the Cor14 poration contracts to have services provided at or from any 

15 location outside the United States. For purposes of this sec16 tion, the word ‘‘services’’ shall mean any service that was, 

17 as of July 1, 2006, performed by a full-time or part-time 

18 Amtrak employee whose base of employment is located with19 in the United States. 

20 SEC. 153. The Secretary of Transportation may re21 ceive and expend cash, or receive and utilize spare parts 

22 and similar items, from non-United States Government 

23 sources to repair damages to or replace United States Gov24 ernment owned automated track inspection cars and equip25 ment as a result of third party liability for such damages, 


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1 and any amounts collected under this section shall be cred2 ited directly to the Safety and Operations account of the 

3 Federal Railroad Administration, and shall remain avail4 able until expended for the repair, operation and mainte5 nance of automated track inspection cars and equipment 

6 in connection with the automated track inspection program. 

7 SEC. 154. The Federal Railroad Administrator shall 

8 submit a quarterly report on April 1, 2009, and quarterly 

9 reports thereafter, to the House and Senate Committees on 

10 Appropriations detailing the Administrator’s efforts at im11 proving the on-time performance of Amtrak intercity rail 

12 service operating on non-Amtrak owned property. Such re13 ports shall compare the most recent actual on-time perform14 ance data to pre-established on-time performance goals that 

15 the Administrator shall set for each rail service, identified 

16 by route. Such reports shall also include whatever other in17 formation and data regarding the on-time performance of 

18 Amtrak trains the Administrator deems to be appropriate. 

19 The amounts made available in this title under the heading 

20 ‘‘Office of the Secretary, Salaries and Expenses’’ shall be 

21 reduced $100,000 for each day after the first day of each 

22 quarter that the quarterly reports required by this section 

23 are not submitted to the Congress. 

24 SEC. 155. Notwithstanding any other provision of law, 

25 funds provided in Public Law 111–8 for ‘‘Lincoln Avenue 


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1 Grade Separation, Port of Tacoma, Washington’’ shall be 

2 made available for this project as therein described. 

3 SEC. 156. The Administrator of the Federal Railroad 

4 Administration, in cooperation with the Illinois Depart5 ment of Transportation (IDOT), may provide technical and 

6 financial assistance to IDOT and local and county officials 

7 to study the feasibility of 10th Street, or other alternatives, 

8 in Springfield, Illinois, as a route for consolidated freight 

9 and passenger rail operations within the city of Spring10 field. 

11 SEC. 157. (a) FUNDING LIMITATION.—Notwith12 standing any other provision of law, beginning on the date 

13 of the enactment of this Act, amounts made available in 

14 this Act for the National Railroad Passenger Corporation 

15 (Amtrak) shall immediately cease to be available if after 

16 March 31, 2010, Amtrak prohibits the secure transportation 

17 of firearms on passenger trains. 

18 (b) DEFINITION.—In this section, the term ‘‘secure 

19 transportation of firearms’’ means— 

20 (1) if an Amtrak station accepts checked baggage 

21 for a specific Amtrak route, Amtrak passengers hold22 ing a ticket for such route are allowed to place an un23 loaded firearm or starter pistol in a checked bag on 

24 such route if— 


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1 (A) before checking the bag or boarding the 

2 train, the passenger declares to Amtrak, either 

3 orally or in writing, that the firearm is in his 

4 or her bag and is unloaded; 

5 (B) the firearm is carried in a hard-sided 

6 container; 

7 (C) such container is locked; and 

8 (D) only the passenger has the key or com9 bination for such container; and 

10 (2) Amtrak passengers are allowed to place small 

11 arms ammunition for personal use in a checked bag 

12 on an Amtrak route if the ammunition is securely 

13 packed— 

14 (A) in fiber, wood, or metal boxes; or 

15 (B) in other packaging specifically designed 

16 to carry small amounts of ammunition. 

17 FEDERAL TRANSIT ADMINISTRATION

18 ADMINISTRATIVE EXPENSES

19 (INCLUDING TRANSFER OF FUNDS)

20 For necessary administrative expenses of the Federal 

21 Transit Administration’s programs authorized by chapter 

22 53 of title 49, United States Code, $97,478,000: Provided, 

23 That of the funds available under this heading, not to exceed 

24 $1,809,000 shall be available for travel: Provided further, 

25 That none of the funds provided or limited in this Act may 


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1 be used to create a permanent office of transit security 

2 under this heading: Provided further, That $75,000 shall 

3 be paid from appropriations made available by this Act 

4 and provided to the Department of Transportation’s Office 

5 of Inspector General through reimbursement to conduct the 

6 annual audits of financial statements in accordance with 

7 section 3521 of title 31, United States Code: Provided fur8 ther, That upon submission to the Congress of the fiscal year 

9 2010 President’s budget, the Secretary of Transportation 

10 shall transmit to Congress the annual report on new starts, 

11 including proposed allocations of funds for fiscal year 2011. 

12 FORMULA AND BUS GRANTS

13 (LIQUIDATION OF CONTRACT AUTHORITY)

14 (LIMITATION ON OBLIGATIONS)

15 (HIGHWAY TRUST FUND)

16 For payment of obligations incurred in carrying out 

17 the provisions of 49 U.S.C. 5305, 5307, 5308, 5309, 5310, 

18 5311, 5316, 5317, 5320, 5335, 5339, and 5340 and section 

19 3038 of Public Law 105–178, as amended, $9,400,000,000 

20 to be derived from the Mass Transit Account of the High21 way Trust Fund and to remain available until expended: 

22 Provided, That funds available for the implementation or 

23 execution of programs authorized under 49 U.S.C. 5305, 

24 5307, 5308, 5309, 5310, 5311, 5316, 5317, 5320, 5335, 

25 5339, and 5340 and section 3038 of Public Law 105–178, 


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1 as amended, shall not exceed total obligations of 

2 $8,343,171,000 in fiscal year 2010. 

3 RESEARCH AND UNIVERSITY RESEARCH CENTERS

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

5 5312–5315, 5322, and 5506, $67,670,000, to remain avail6 able until expended: Provided, That $10,000,000 is avail7 able to carry out the transit cooperative research program 

8 under section 5313 of title 49, United States Code, 

9 $4,300,000 is available for the National Transit Institute 

10 under section 5315 of title 49, United States Code, and 

11 $7,000,000 is available for university transportation cen12 ters program under section 5506 of title 49, United States 

13 Code: Provided further, That $50,170,000 is available to 

14 carry out national research programs under sections 5312, 

15 5313, 5314, and 5322 of title 49, United States Code: Pro16 vided further, That of the funds available to carry out sec17 tion 5312 of title 49, United States Code, $5,000,000 shall 

18 be available to the Secretary to develop standards for asset 

19 management plans, provide technical assistance to recipi20 ents engaged in the development or implementation of an 

21 asset management plan, improve data collection through the 

22 National Transit Database, and conduct a pilot program 

23 designed to identify the best practices of asset management. 


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1 CAPITAL INVESTMENT GRANTS

2 For necessary expenses to carry out section 5309 of 

3 title 49, United States Code, $2,307,343,000, to remain 

4 available until expended, of which no less than 

5 $200,000,000 is for section 5309(e) of such title: Provided, 

6 That $2,000,000 shall be transferred to the Department of 

7 Transportation Office of Inspector General from funds set 

8 aside for the execution of oversight contracts pursuant to 

9 section 5327(c) of title 49, United States Code, for costs as10 sociated with audits and investigations of transit-related 

11 issues, including reviews of new fixed guideway systems. 

12 GRANTS FOR ENERGY EFFICIENCY AND GREENHOUSE GAS

13 REDUCTIONS

14 For grants to public transit agencies for capital invest15 ments that will reduce the energy consumption or green16 house gas emissions of their public transportation systems, 

17 $100,000,000, to remain available through September 30, 

18 2012: Provided, That priority shall be given to projects 

19 based on the total energy savings that are projected to result 

20 from the investments, and the projected energy savings as 

21 a percentage of the total energy usage of the public transit 

22 agency: Provided further, That the Secretary shall public 

23 criteria on which to base the competition for any grants 

24 awarded under this heading no sooner than 90 days after 

25 the enactment of this Act, require applications for funding 


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1 provided under this heading to be submitted no sooner than 

2 120 days after the publication of such criteria, and an3 nounce all projects selected to be funded from funds provided 

4 under this heading no sooner than September 15, 2010. 

5 GRANTS TO THE WASHINGTON METROPOLITAN AREA

6 TRANSIT AUTHORITY

7 For grants to the Washington Metropolitan Area Tran8 sit Authority as authorized under section 601 of Public Law 

9 110–432, $150,000,000, to remain available through Sep10 tember 30, 2012: Provided, That the Secretary shall approve 

11 grants for capital and preventive maintenance expenditures 

12 for the Washington Metropolitan Area Transit Authority 

13 only after receiving and reviewing a request for each spe14 cific project: Provided further, That prior to approving such 

15 grants, the Secretary shall determine that the Washington 

16 Metropolitan Area Transit Authority has placed the highest 

17 priority on those investments that will improve the safety 

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

19 signal system, replacing the 1000 series cars, installing 

20 guarded turnouts, buying equipment for wayside worker 

21 protection, and installing rollback protection on cars that 

22 are not equipped with this safety feature. 


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1 ADMINISTRATIVE PROVISIONS—FEDERAL TRANSIT

2 ADMINISTRATION

3 SEC. 160. The limitations on obligations for the pro4 grams of the Federal Transit Administration shall not 

5 apply to any authority under 49 U.S.C. 5338, previously 

6 made available for obligation, or to any other authority pre7 viously made available for obligation. 

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

9 funds appropriated or limited by this Act under ‘‘Federal 

10 Transit Administration, Capital Investment Grants’’ and 

11 for bus and bus facilities under ‘‘Federal Transit Adminis12 tration, Formula and Bus Grants’’ for projects specified in 

13 this Act or identified in reports accompanying this Act not 

14 obligated by September 30, 2012, and other recoveries, shall 

15 be directed to projects eligible to use the funds for the pur16 poses for which they were originally provided. 

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

18 any funds appropriated before October 1, 2009, under any 

19 section of chapter 53 of title 49, United States Code, that 

20 remain available for expenditure, may be transferred to and 

21 administered under the most recent appropriation heading 

22 for any such section. 

23 SEC. 163. Notwithstanding any other provision of law, 

24 unobligated funds made available for new fixed guideway 

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1 istration, Capital investment grants’’ in any appropria2 tions Act prior to this Act may be used during this fiscal 

3 year to satisfy expenses incurred for such projects. 

4 SEC. 164. None of the funds provided or limited under 

5 this Act may be used to issue a final regulation under sec6 tion 5309 of title 49, United States Code, except that the 

7 Federal Transit Administration may continue to review 

8 comments received on the proposed rule (Docket No. FTA– 

9 2006–25737). 

10 SEC. 165. Funds made available for Alaska or Hawaii 

11 ferry boats or ferry terminal facilities pursuant to 49 

12 U.S.C. 5309(m)(2)(B) may be used to construct new vessels 

13 and facilities, or to improve existing vessels and facilities, 

14 including both the passenger and vehicle-related elements of 

15 such vessels and facilities, and for repair facilities: Pro16 vided, That not more than $4,000,000 of the funds made 

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

18 used by the City and County of Honolulu to operate a pas19 senger ferry boat service demonstration project to test the 

20 viability of different intra-island ferry boat routes and tech21 nologies. 

22 SEC. 166. Hereafter, the local share of the costs of the 

23 Woodward Avenue Corridor projects funded under section 

24 5309 shall include, at the option of the project sponsor, any 


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1 portion of the corridor advanced with 100 percent non-Fed2 eral funds. 

3 SEC. 167. The Secretary of Transportation shall pro4 vide recommendations to Congress, including legislative 

5 proposals, on how to strengthen its role in regulating the 

6 safety of transit agencies operating heavy rail on fixed 

7 guideway: Provided, That the Secretary shall include ac8 tions the Department of Transportation will take and what 

9 additional legislative authorities it may need in order to 

10 fully implement recommendations of the National Trans11 portation Safety Board directed at the Federal Transit Ad12 ministration, including but not limited to recommendations 

13 related to crashworthiness, emergency access and egress, 

14 event recorders, and hours of service: Provided further, That 

15 the Secretary shall transmit to the House and Senate Com16 mittees on Appropriations a report outlining these rec17 ommendations and a plan for their implementation by the 

18 Department of Transportation no later than 45 days after 

19 enactment of this Act. 

20 SEC. 168. Notwithstanding any other provision of law, 

21 the Secretary of Transportation shall not reallocate any 

22 funding made available for items 523, 267, and 131 of sec23 tion 3044 of the Safe, Accountable, Flexible, Efficient 

24 Transportation Equity Act: A Legacy for Users (Public 

25 Law 109–59). 


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1 SEC. 169. Notwithstanding any other provision of law, 

2 the limitation on the total estimated amount of future obli3 gations of the Government and contingent commitments to 

4 incur obligations covered by all outstanding letters of in5 tent, full funding grant agreements, and early systems work 

6 agreements under subsection 5338(g) of title 49, United 

7 States Code, may not be more than the sum of the amount 

8 authorized under sections 5338(a)(3) and 5338(c) of title 

9 49, United States Code, for such projects and an amount 

10 equivalent to the last 5 fiscal years of funding allocated 

11 under subsections 5309(m)(1)(A) and 5309(m)(2)(A)(ii) of 

12 title 49, United States Code, for such projects, less an 

13 amount the Secretary of Transportation reasonably esti14 mates is necessary for grants under section 5309 of title 

15 49, United States Code, for those of such projects that are 

16 not covered by a letter or agreement. 

17 SEC. 170. None of the funds provided or limited under 

18 this Act may be used to enforce regulations related to char19 ter bus service under part 604 of title 49, Code of Federal 

20 Regulations, in the State of Washington. 

21 SEC. 171. Hereafter, for interstate multi-modal 

22 projects which are in Interstate highway corridors, the Sec23 retary shall base the rating under section 5309(d) of title 

24 49, United States Code, of the non-New Starts share of the 

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1 age of non-New Starts funds in the unified finance plan 

2 for the multi-modal project: Provided, That the Secretary 

3 shall base the accounting of local matching funds on the 

4 total amount of all local funds incorporated in the unified 

5 finance plan for the multi-modal project for the purposes 

6 of funding under chapter 53 of title 49, United States Code 

7 and title 23, United States Code: Provided further, That 

8 the Secretary shall evaluate the justification for the project 

9 under section 5309(d) of title 49, United States Code, in10 cluding cost effectiveness, on the public transportation costs 

11 and public transportation benefits. 

12 SAINT LAWRENCE SEAWAY DEVELOPMENT CORPORATION

13 The Saint Lawrence Seaway Development Corpora14 tion is hereby authorized to make such expenditures, within 

15 the limits of funds and borrowing authority available to 

16 the Corporation, and in accord with law, and to make such 

17 contracts and commitments without regard to fiscal year 

18 limitations as provided by section 104 of the Government 

19 Corporation Control Act, as amended, as may be necessary 

20 in carrying out the programs set forth in the Corporation’s 

21 budget for the current fiscal year. 

22 OPERATIONS AND MAINTENANCE

23 (HARBOR MAINTENANCE TRUST FUND)

24 For necessary expenses for operations, maintenance, 

25 and capital asset renewal of those portions of the Saint 


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1 Lawrence Seaway owned, operated, and maintained by the 

2 Saint Lawrence Seaway Development Corporation, 

3 $32,324,000, to be derived from the Harbor Maintenance 

4 Trust Fund, pursuant to Public Law 99–662. 

5 MARITIME ADMINISTRATION

6 MARITIME SECURITY PROGRAM

7 For necessary expenses to maintain and preserve a 

8 U.S.-flag merchant fleet to serve the national security needs 

9 of the United States, $174,000,000, to remain available 

10 until expended. 

11 OPERATIONS AND TRAINING

12 For necessary expenses of operations and training ac13 tivities authorized by law, $154,900,000, of which 

14 $11,240,000 shall remain available until expended for 

15 maintenance and repair of training ships at State Mari16 time Schools Academies, and of which $15,000,000 shall re17 main available until expended for capital improvements at 

18 the United States Merchant Marine Academy, and of which 

19 $59,057,000 shall be available for operations at the United 

20 States Merchant Marine Academy: Provided, That amounts 

21 apportioned for the United States Merchant Marine Acad22 emy shall be available only upon allotments made person23 ally by the Secretary of Transportation and not a designee: 

24 Provided further, That the Superintendent, Deputy Super25 intendent and the Director of the Office of Resource ManVerDate Nov 24 2008 02:06 Sep 19, 2009 Jkt 079200 PO 00000 Frm 00226 Fmt 6652 Sfmt 6203 E:\BILLS\H3288.PP H3288

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1 agement of the United States Merchant Marine Academy 

2 may not be allotment holders for the United States Mer3 chant Marine Academy, and the Administrator of Maritime 

4 Administration shall hold all allotments made by the Sec5 retary of Transportation under the previous proviso: Pro6 vided further, That 50 percent of the funding made avail7 able for the United States Merchant Marine Academy under 

8 this heading shall be available only after the Secretary, in 

9 consultation with the Superintendent and the Maritime Ad10 ministration, completes a plan detailing by program or ac11 tivity and by object class how such funding will be expended 

12 at the Academy, and this plan is submitted to the House 

13 and Senate Committees on Appropriations. 

14 SHIP DISPOSAL

15 For necessary expenses related to the disposal of obso16 lete vessels in the National Defense Reserve Fleet of the Mar17 itime Administration, $15,000,000, to remain available 

18 until expended. 

19 ASSISTANCE TO SMALL SHIPYARDS

20 To make grants to qualified shipyards as authorized 

21 under section 3508 of Public Law 110–417 or section 54101 

22 of title 46, United States Code, $17,500,000, to remain 

23 available until expended: Provided, That to be considered 

24 for assistance, a qualified shipyard shall submit an appli25 cation for assistance no later than 60 days after enactment 


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1 of this Act: Provided further, That from applications sub2 mitted under the previous proviso, the Secretary of Trans3 portation shall make grants no later than 120 days after 

4 enactment of this Act in such amounts as the Secretary de5 termines: Provided further, That not to exceed 2 percent of 

6 the funds appropriated under this heading shall be avail7 able for necessary costs of grant administration. 

8 MARITIME GUARANTEED LOAN (TITLE XI) PROGRAM

9 ACCOUNT

10 (INCLUDING TRANSFER OF FUNDS)

11 For the cost of guaranteed loans, as authorized, 

12 $14,000,000, of which $10,000,000 shall remain available 

13 until expended: Provided, That such costs, including the 

14 cost of modifying such loans, shall be as defined in section 

15 502 of the Congressional Budget Act of 1974, as amended: 

16 Provided further, That not to exceed $4,000,000 shall be 

17 available for administrative expenses to carry out the guar18 anteed loan program, which shall be transferred to and 

19 merged with the appropriation for ‘‘Operations and Train20 ing’’, Maritime Administration. 

21 ADMINISTRATIVE PROVISIONS—MARITIME ADMINISTRATION

22 SEC. 175. Notwithstanding any other provision of this 

23 Act, the Maritime Administration is authorized to furnish 

24 utilities and services and make necessary repairs in connec25 tion with any lease, contract, or occupancy involving GovVerDate Nov 24 2008 02:06 Sep 19, 2009 Jkt 079200 PO 00000 Frm 00228 Fmt 6652 Sfmt 6203 E:\BILLS\H3288.PP H3288

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1 ernment property under control of the Maritime Adminis2 tration, and payments received therefor shall be credited to 

3 the appropriation charged with the cost thereof: Provided, 

4 That rental payments under any such lease, contract, or 

5 occupancy for items other than such utilities, services, or 

6 repairs shall be covered into the Treasury as miscellaneous 

7 receipts. 

8 SEC. 176. Section 51314 of title 46, United States 

9 Code, is amended in subsection (b) by inserting at the end 

10 ‘‘Such fees shall be credited to the Maritime Administra11 tion’s Operations and Training appropriation, to remain 

12 available until expended, for those expenses directly related 

13 to the purposes of the fees. Fees collected in excess of actual 

14 expenses may be refunded to the Midshipmen through a 

15 mechanism approved by the Secretary. The Academy shall 

16 maintain a separate and detailed accounting of fee revenue 

17 and all associated expenses.’’ 

18 PIPELINE AND HAZARDOUS MATERIALS SAFETY

19 ADMINISTRATION

20 ADMINISTRATIVE EXPENSES

21 (PIPELINE SAFETY FUND)

22 (INCLUDING TRANSFER OF FUNDS)

23 For necessary administrative expenses of the Pipeline 

24 and Hazardous Materials Safety Administration, 

25 $19,968,000, of which $639,000 shall be derived from the 


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1 Pipeline Safety Fund: Provided, That $1,000,000 shall be 

2 transferred to ‘‘Pipeline Safety’’ in order to fund ‘‘Pipeline 

3 safety information grants to communities’’ as authorized in 

4 section 60130 of title 49, United States Code. 

5 HAZARDOUS MATERIALS SAFETY

6 For expenses necessary to discharge the hazardous ma7 terials safety functions of the Pipeline and Hazardous Ma8 terials Safety Administration, $35,500,000, of which 

9 $1,699,000 shall remain available until September 30, 

10 2012: Provided, That up to $800,000 in fees collected under 

11 49 U.S.C. 5108(g) shall be deposited in the general fund 

12 of the Treasury as offsetting receipts: Provided further, That 

13 there may be credited to this appropriation, to be available 

14 until expended, funds received from States, counties, mu15 nicipalities, other public authorities, and private sources 

16 for expenses incurred for training, for reports publication 

17 and dissemination, and for travel expenses incurred in per18 formance of hazardous materials exemptions and approvals 

19 functions. 

20 PIPELINE SAFETY

21 (PIPELINE SAFETY FUND)

22 (OIL SPILL LIABILITY TRUST FUND)

23 For expenses necessary to conduct the functions of the 

24 pipeline safety program, for grants-in-aid to carry out a 

25 pipeline safety program, as authorized by 49 U.S.C. 60107, 


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1 and to discharge the pipeline program responsibilities of 

2 the Oil Pollution Act of 1990, $105,239,000, of which 

3 $18,905,000 shall be derived from the Oil Spill Liability 

4 Trust Fund and shall remain available until September 30, 

5 2012; and of which $86,334,000 shall be derived from the 

6 Pipeline Safety Fund, of which $47,332,000 shall remain 

7 available until September 30, 2012: Provided, That not less 

8 than $1,043,000 of the funds provided under this heading 

9 shall be for the one-call State grant program. 

10 EMERGENCY PREPAREDNESS GRANTS

11 (EMERGENCY PREPAREDNESS FUND)

12 For necessary expenses to carry out 49 U.S.C. 5128(b), 

13 $188,000, to be derived from the Emergency Preparedness 

14 Fund, to remain available until September 30, 2011: Pro15 vided, That not more than $28,318,000 shall be made avail16 able for obligation in fiscal year 2010 from amounts made 

17 available by 49 U.S.C. 5116(I) and 5128(b)–(c): Provided 

18 further, That none of the funds made available by 49 U.S.C. 

19 5116(I), 5128(b), or 5128(c) shall be made available for ob20 ligation by individuals other than the Secretary of Trans21 portation, or his or her designee. 


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1 RESEARCH AND INNOVATIVE TECHNOLOGY

2 ADMINISTRATION

3 RESEARCH AND DEVELOPMENT

4 For necessary expenses of the Research and Innovative 

5 Technology Administration, $13,179,000, of which 

6 $6,036,000 shall remain available until September 30, 

7 2012: Provided, That there may be credited to this appro8 priation, to be available until expended, funds received from 

9 States, counties, municipalities, other public authorities, 

10 and private sources for expenses incurred for training. 

11 OFFICE OF INSPECTOR GENERAL

12 SALARIES AND EXPENSES

13 For necessary expenses of the Office of Inspector Gen14 eral to carry out the provisions of the Inspector General 

15 Act of 1978, as amended, $75,389,000: Provided, That the 

16 Inspector General shall have all necessary authority, in car17 rying out the duties specified in the Inspector General Act, 

18 as amended (5 U.S.C. App. 3), to investigate allegations 

19 of fraud, including false statements to the government (18 

20 U.S.C. 1001), by any person or entity that is subject to 

21 regulation by the Department: Provided further, That the 

22 funds made available under this heading shall be used to 

23 investigate, pursuant to section 41712 of title 49, United 

24 States Code: (1) unfair or deceptive practices and unfair 

25 methods of competition by domestic and foreign air carriers 


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1 and ticket agents; and (2) the compliance of domestic and 

2 foreign air carriers with respect to item (1) of this proviso. 

3 SURFACE TRANSPORTATION BOARD

4 SALARIES AND EXPENSES

5 For necessary expenses of the Surface Transportation 

6 Board, including services authorized by 5 U.S.C. 3109, 

7 $28,332,000: Provided, That notwithstanding any other 

8 provision of law, not to exceed $1,250,000 from fees estab9 lished by the Chairman of the Surface Transportation 

10 Board shall be credited to this appropriation as offsetting 

11 collections and used for necessary and authorized expenses 

12 under this heading: Provided further, That the sum herein 

13 appropriated from the general fund shall be reduced on a 

14 dollar-for-dollar basis as such offsetting collections are re15 ceived during fiscal year 2010, to result in a final appro16 priation from the general fund estimated at no more than 

17 $27,082,000. 

18 GENERAL PROVISIONS—DEPARTMENT OF

19 TRANSPORTATION

20 SEC. 180. During the current fiscal year applicable 

21 appropriations to the Department of Transportation shall 

22 be available for maintenance and operation of aircraft; hire 

23 of passenger motor vehicles and aircraft; purchase of liabil24 ity insurance for motor vehicles operating in foreign coun25 tries on official department business; and uniforms or alVerDate Nov 24 2008 02:06 Sep 19, 2009 Jkt 079200 PO 00000 Frm 00233 Fmt 6652 Sfmt 6203 E:\BILLS\H3288.PP H3288

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1 lowances therefor, as authorized by law (5 U.S.C. 5901– 

2 5902). 

3 SEC. 181. Appropriations contained in this Act for the 

4 Department of Transportation shall be available for services 

5 as authorized by 5 U.S.C. 3109, but at rates for individuals 

6 not to exceed the per diem rate equivalent to the rate for 

7 an Executive Level IV. 

8 SEC. 182. None of the funds in this Act shall be avail9 able for salaries and expenses of more than 110 political 

10 and Presidential appointees in the Department of Trans11 portation: Provided, That none of the personnel covered by 

12 this provision may be assigned on temporary detail outside 

13 the Department of Transportation. 

14 SEC. 183. None of the funds in this Act shall be used 

15 to implement section 404 of title 23, United States Code. 

16 SEC. 184. (a) No recipient of funds made available in 

17 this Act shall disseminate personal information (as defined 

18 in 18 U.S.C. 2725(3)) obtained by a State department of 

19 motor vehicles in connection with a motor vehicle record 

20 as defined in 18 U.S.C. 2725(1), except as provided in 18 

21 U.S.C. 2721 for a use permitted under 18 U.S.C. 2721. 

22 (b) Notwithstanding subsection (a), the Secretary shall 

23 not withhold funds provided in this Act for any grantee 

24 if a State is in noncompliance with this provision. 


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1 SEC. 185. Funds received by the Federal Highway Ad2 ministration, Federal Transit Administration, and Federal 

3 Railroad Administration from States, counties, municipali4 ties, other public authorities, and private sources for ex5 penses incurred for training may be credited respectively 

6 to the Federal Highway Administration’s ‘‘Federal-Aid 

7 Highways’’ account, the Federal Transit Administration’s 

8 ‘‘Research and University Research Centers’’ account, and 

9 to the Federal Railroad Administration’s ‘‘Safety and Op10 erations’’ account, except for State rail safety inspectors 

11 participating in training pursuant to 49 U.S.C. 20105. 

12 SEC. 186. Funds provided or limited in this Act under 

13 the appropriate accounts within the Federal Highway Ad14 ministration, the Federal Railroad Administration and the 

15 Federal Transit Administration shall be for the eligible pro16 grams, projects and activities in the corresponding amounts 

17 identified in the committee report accompanying this Act 

18 for ‘‘Ferry Boats and Ferry Terminal Facilities’’, ‘‘Federal 

19 Lands’’, ‘‘Interstate Maintenance Discretionary’’, ‘‘Trans20 portation, Community and System Preservation Program’’, 

21 ‘‘Delta Region Transportation Development Program’’, 

22 ‘‘Rail Line Relocation and Improvement Program’’, ‘‘Rail23 highway crossing hazard eliminations’’, ‘‘Capital Invest24 ment Grants’’, ‘‘Alternatives analysis’’, and ‘‘Bus and bus 

25 facilities’’. 


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1 SEC. 187. Notwithstanding any other provisions of 

2 law, rule or regulation, the Secretary of Transportation is 

3 authorized to allow the issuer of any preferred stock here4 tofore sold to the Department to redeem or repurchase such 

5 stock upon the payment to the Department of an amount 

6 determined by the Secretary. 

7 SEC. 188. None of the funds in this Act to the Depart8 ment of Transportation may be used to make a grant unless 

9 the Secretary of Transportation notifies the House and Sen10 ate Committees on Appropriations not less than 3 full busi11 ness days before any discretionary grant award, letter of 

12 intent, or full funding grant agreement totaling $1,000,000 

13 or more is announced by the department or its modal ad14 ministrations from: (1) any discretionary grant program 

15 of the Federal Highway Administration including the emer16 gency relief program; (2) the airport improvement program 

17 of the Federal Aviation Administration; (3) any grant from 

18 the Federal Railroad Administration; or (4) any program 

19 of the Federal Transit Administration other than the for20 mula grants and fixed guideway modernization programs: 

21 Provided, That the Secretary gives concurrent notification 

22 to the House and Senate Committees on Appropriations for 

23 any ‘‘quick release’’ of funds from the emergency relief pro24 gram: Provided further, That no notification shall involve 

25 funds that are not available for obligation. 


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1 SEC. 189. Rebates, refunds, incentive payments, minor 

2 fees and other funds received by the Department of Trans3 portation from travel management centers, charge card pro4 grams, the subleasing of building space, and miscellaneous 

5 sources are to be credited to appropriations of the Depart6 ment of Transportation and allocated to elements of the De7 partment of Transportation using fair and equitable cri8 teria and such funds shall be available until expended. 

9 SEC. 190. Amounts made available in this or any other 

10 Act that the Secretary determines represent improper pay11 ments by the Department of Transportation to a third12 party contractor under a financial assistance award, which 

13 are recovered pursuant to law, shall be available— 

14 (1) to reimburse the actual expenses incurred by 

15 the Department of Transportation in recovering im16 proper payments; and 

17 (2) to pay contractors for services provided in re18 covering improper payments or contractor support in 

19 the implementation of the Improper Payments Infor20 mation Act of 2002: Provided, That amounts in excess 

21 of that required for paragraphs (1) and (2)— 

22 (A) shall be credited to and merged with the 

23 appropriation from which the improper pay24 ments were made, and shall be available for the 


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1 purposes and period for which such appropria2 tions are available; or 

3 (B) if no such appropriation remains avail4 able, shall be deposited in the Treasury as mis5 cellaneous receipts: Provided further, That prior 

6 to the transfer of any such recovery to an appro7 priations account, the Secretary shall notify to 

8 the House and Senate Committees on Appropria9 tions of the amount and reasons for such trans10 fer: Provided further, That for purposes of this 

11 section, the term ‘‘improper payments’’, has the 

12 same meaning as that provided in section 

13 2(d)(2) of Public Law 107–300. 

14 SEC. 191. Notwithstanding any other provision of law, 

15 if any funds provided in or limited by this Act are subject 

16 to a reprogramming action that requires notice to be pro17 vided to the House and Senate Committees on Appropria18 tions, said reprogramming action shall be approved or de19 nied solely by the Committees on Appropriations: Provided, 

20 That the Secretary may provide notice to other congres21 sional committees of the action of the Committees on Appro22 priations on such reprogramming but not sooner than 30 

23 days following the date on which the reprogramming action 

24 has been approved or denied by the House and Senate Com25 mittees on Appropriations. 


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1 SEC. 192. None of the funds appropriated or otherwise 

2 made available under this Act may be used by the Surface 

3 Transportation Board of the Department of Transportation 

4 to charge or collect any filing fee for rate complaints filed 

5 with the Board in an amount in excess of the amount au6 thorized for district court civil suit filing fees under section 

7 1914 of title 28, United States Code. 

8 SEC. 193. Notwithstanding section 3324 of Title 31, 

9 United States Code, in addition to authority provided by 

10 section 327 of title 49, United States Code, the Depart11 ment’s Working Capital fund is hereby authorized to pro12 vide payments in advance to vendors that are necessary to 

13 carry out the Federal transit pass transportation fringe 

14 benefit program under Executive Order 13150 and section 

15 3049 of Public Law 109–59: Provided, that the Department 

16 shall include adequate safeguards in the contract with the 

17 vendors to ensure timely and high quality performance 

18 under the contract. 

19 SEC. 194. (a) IN GENERAL.—Section 127(a)(11) of 

20 title 23, United States Code, is amended by striking ‘‘that 

21 portion of the Maine Turnpike designated Route 95 and 

22 495, and that portion of Interstate Route 95 from the south23 ern terminus of the Maine Turnpike to the New Hampshire 

24 State line, laws (including regulations)’’ and inserting ‘‘all 


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1 portions of the Interstate Highway System in the State, 

2 laws (including regulations)’’. 

3 (b) PERIOD OF EFFECTIVENESS.—The amendment 

4 made by subsection (a) shall be in effect during the 1-year 

5 period beginning on the date of enactment of this Act. 

6 (c) REVERSION.—Effective as of the date that is 366 

7 days after the date of enactment of this Act, section 

8 127(a)(11) of title 23, United States Code, is amended by 

9 striking ‘‘all portions of the Interstate Highway System in 

10 the State, laws (including regulations)’’ and inserting ‘‘that 

11 portion of the Maine Turnpike designated Route 95 and 

12 495, and that portion of Interstate Route 95 from the south13 ern terminus of the Maine Turnpike to the New Hampshire 

14 State line, laws (including regulations)’’. 

15 SEC. 195. The Secretary shall initiate an independent 

16 and comprehensive study and analysis to supplement that 

17 authorized under section 108, division C, of Public Law 

18 111–8: Provided, That the Department of Transportation 

19 shall work with and coordinate with the Departments of 

20 Energy, Commerce and Agriculture to develop a comprehen21 sive understanding of the full value of river flow support 

22 to users in the Mississippi and Missouri Rivers: Provided 

23 further, That subjects of analysis shall include energy (in24 cluding hydropower and generation cooling), and water 

25 transport (including water-compelled rates, projected total 


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1 transportation congestion considerations, transportation 

2 energy efficiency, air quality and carbon emissions) and 

3 water users (including the number and distribution of peo4 ple, households, municipalities, and business throughout the 

5 Missouri and Mississippi River basins who use river water 

6 for multiple purposes): Provided further, That in addition 

7 to understanding current value, the Department is directed 

8 to work with appropriate Federal partners to develop rec9 ommendations on how to minimize impediments to growth 

10 and maximize water value of benefits related to energy pro11 duction and efficiency, congestion relief, trade and trans12 port efficiency, and air quality: Provided further, That the 

13 Department of Transportation shall provide its analysis 

14 and recommendations to the U.S. Army Corps of Engineers, 

15 the White House, and the Congress: Provided further, That 

16 $2,000,000 is available until expended for such purposes. 

17 SEC. 196. Notwithstanding any other provision of law, 

18 funds made available under section 330 of the Fiscal Year 

19 2002 Department of Transportation and Related Agencies 

20 Appropriations Act (Public Law 107–87) for the Las Vegas, 

21 Nevada Monorail Project, funds made available under sec22 tion 115 of the Fiscal Year 2004 Transportation, Treasury 

23 and Independent Agencies Appropriations Act (Public Law 

24 108–199) for the North Las Vegas Intermodal Transit Hub, 

25 and funds made available for the CATRAIL RTC Rail 


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1 Project, Nevada in the Fiscal Year 2005 Transportation, 

2 Treasury, Independent Agencies and General Government 

3 Appropriations Act (Public Law 108–447), as well as any 

4 unexpended funds in the Federal Transit Administration 

5 grant numbers NV–03–0024 and NV–03–0027, shall be 

6 made available until expended to the Regional Transpor7 tation Commission of Southern Nevada for bus and bus8 related projects and bus rapid transit projects: Provided, 

9 That the funds made available for a project in accordance 

10 with this section shall be administered under the terms and 

11 conditions set forth in 49 U.S.C. 5307, to the extent appli12 cable. 

13 This title may be cited as the ‘‘Department of Trans14 portation Appropriations Act, 2010’’. 

15 TITLE II 

16 DEPARTMENT OF HOUSING AND URBAN 

17 DEVELOPMENT 

18 MANAGEMENT AND ADMINISTRATION

19 EXECUTIVE DIRECTION

20 For necessary salaries and expenses for Executive Di21 rection, $25,969,000, of which not to exceed $4,619,000 shall 

22 be available for the immediate Office of the Secretary and 

23 Deputy Secretary; not to exceed $1,703,000 shall be avail24 able for the Office of Hearings and Appeals; not to exceed 

25 $778,000 shall be available for the Office of Small and DisVerDate Nov 24 2008 02:06 Sep 19, 2009 Jkt 079200 PO 00000 Frm 00242 Fmt 6652 Sfmt 6203 E:\BILLS\H3288.PP H3288

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1 advantaged Business Utilization; not to exceed $727,000 

2 shall be available for the immediate Office of the Chief Fi3 nancial Officer; not to exceed $1,474,000 shall be available 

4 for the immediate Office of the General Counsel; not to ex5 ceed $2,912,000 shall be available to the Office of the Assist6 ant Secretary for Congressional and Intergovernmental Re7 lations; not to exceed $3,110,000 shall be available for the 

8 Office of the Assistant Secretary for Public Affairs; not to 

9 exceed $1,218,000 shall be available for the Office of the As10 sistant Secretary for Administration; not to exceed 

11 $2,125,000 shall be available to the Office of the Assistant 

12 Secretary for Public and Indian Housing; not to exceed 

13 $1,781,000 shall be available to the Office of the Assistant 

14 Secretary for Community Planning and Development; not 

15 to exceed $3,497,000 shall be available to the Office of the 

16 Assistant Secretary for Housing, Federal Housing Commis17 sioner; not to exceed $1,097,000 shall be available to the 

18 Office of the Assistant Secretary for Policy Development 

19 and Research; and not to exceed $928,000 shall be available 

20 to the Office of the Assistant Secretary for Fair Housing 

21 and Equal Opportunity: Provided, That the Secretary of 

22 the Department of Housing and Urban Development is au23 thorized to transfer funds appropriated for any office fund24 ed under this heading to any other office funded under this 

25 heading following the written notification to the House and 


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1 Senate Committees on Appropriations: Provided further, 

2 That no appropriation for any office shall be increased or 

3 decreased by more than 5 percent by all such transfers: Pro4 vided further, That notice of any change in funding greater 

5 than 5 percent shall be submitted for prior approval to the 

6 House and Senate Committees on Appropriations: Provided 

7 further, That the Secretary shall provide the Committees on 

8 Appropriations quarterly written notification regarding the 

9 status of pending congressional reports: Provided further, 

10 That the Secretary shall provide all signed reports required 

11 by Congress electronically: Provided further, That not to ex12 ceed $25,000 of the amount made available under this para13 graph for the immediate Office of the Secretary shall be 

14 available for official reception and representation expenses 

15 as the Secretary may determine. 

16 ADMINISTRATION, OPERATIONS AND MANAGEMENT

17 For necessary salaries and expenses for administra18 tion, operations and management for the Department of 

19 Housing and Urban Development, $537,897,000, of which 

20 not to exceed $76,958,000 shall be available for the per21 sonnel compensation and benefits of the Office of Adminis22 tration; not to exceed $11,277,000 shall be available for the 

23 personnel compensation and benefits of the Office of Depart24 mental Operations and Coordination; not to exceed 

25 $51,275,000 shall be available for the personnel compensaVerDate Nov 24 2008 02:06 Sep 19, 2009 Jkt 079200 PO 00000 Frm 00244 Fmt 6652 Sfmt 6203 E:\BILLS\H3288.PP H3288

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1 tion and benefits of the Office of Field Policy and Manage2 ment; not to exceed $14,649,000 shall be available for the 

3 personnel compensation and benefits of the Office of the 

4 Chief Procurement Officer; not to exceed $35,197,000 shall 

5 be available for the personnel compensation and benefits of 

6 the remaining staff in the Office of the Chief Financial Offi7 cer; not to exceed $89,062,000 shall be available for the per8 sonnel compensation and benefits of the remaining staff in 

9 the Office of the General Counsel; not to exceed $3,296,000 

10 shall be available for the personnel compensation and bene11 fits of the Office of Departmental Equal Employment Op12 portunity; not to exceed $1,393,000 shall be available for 

13 the personnel compensation and benefits for the Center for 

14 Faith-Based and Community Initiatives; not to exceed 

15 $2,400,000 shall be available for the personnel compensa16 tion and benefits for the Office of Sustainability; not to ex17 ceed $2,520,000 shall be available for the personnnel com18 pensation and benefits for the Office of Strategic Planning 

19 and Management; and not to exceed $249,870,000 shall be 

20 available for non-personnel expenses of the Department of 

21 Housing and Urban Development: Provided, That, funds 

22 provided under this heading may be used for necessary ad23 ministrative and non-administrative expenses of the De24 partment of Housing and Urban Development, not other25 wise provided for, including purchase of uniforms, or allowVerDate Nov 24 2008 02:06 Sep 19, 2009 Jkt 079200 PO 00000 Frm 00245 Fmt 6652 Sfmt 6203 E:\BILLS\H3288.PP H3288

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1 ances therefor, as authorized by 5 U.S.C. 5901–5902; hire 

2 of passenger motor vehicles; services as authorized by 5 

3 U.S.C. 3109: Provided further, That notwithstanding any 

4 other provision of law, funds appropriated under this head5 ing may be used for advertising and promotional activities 

6 that support the housing mission area: Provided further, 

7 That the Secretary of Housing and Urban Development is 

8 authorized to transfer funds appropriated for any office in9 cluded in Administration, Operations and Management to 

10 any other office included in Administration, Operations 

11 and Management only after such transfer has been sub12 mitted to, and received prior written approval by, the 

13 House and Senate Committees on Appropriations: Provided 

14 further, That no appropriation for any office shall be in15 creased or decreased by more than 10 percent by all such 

16 transfers. 

17 PERSONNEL COMPENSATION AND BENEFITS

18 PUBLIC AND INDIAN HOUSING

19 For necessary personnel compensation and benefits ex20 penses of the Office of Public and Indian Housing, 

21 $197,074,000. 

22 COMMUNITY PLANNING AND DEVELOPMENT

23 For necessary personnel compensation and benefits ex24 penses of the Office of Community Planning and Develop25 ment mission area, $98,989,000. 


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1 HOUSING

2 For necessary personnel compensation and benefits ex3 penses of the Office of Housing, $374,887,000. 

4 OFFICE OF THE GOVERNMENT NATIONAL MORTGAGE

5 ASSOCIATION

6 For necessary personnel compensation and benefits ex7 penses of the Office of the Government National Mortgage 

8 Association, $11,095,000, to be derived from the GNMA 

9 guarantees of mortgage backed securities guaranteed loan 

10 receipt account. 

11 POLICY DEVELOPMENT AND RESEARCH

12 For necessary personnel compensation and benefits ex13 penses of the Office of Policy Development and Research, 

14 $21,138,000. 

15 FAIR HOUSING AND EQUAL OPPORTUNITY

16 For necessary personnel compensation and benefits ex17 penses of the Office of Fair Housing and Equal Oppor18 tunity, $71,800,000. 

19 OFFICE OF HEALTHY HOMES AND LEAD HAZARD CONTROL

20 PERSONNEL COMPENSATION AND BENEFITS

21 For necessary personnel compensation and benefits ex22 penses of the Office of Healthy Homes and Lead Hazard 

23 Control, $7,151,000. 


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1 PUBLIC AND INDIAN HOUSING

2 TENANT-BASED RENTAL ASSISTANCE

3 (INCLUDING TRANSFER OF FUNDS)

4 For activities and assistance for the provision of ten5 ant-based rental assistance authorized under the United 

6 States Housing Act of 1937, as amended (42 U.S.C. 1437 

7 et seq.) (‘‘the Act’’ herein), not otherwise provided for, 

8 $14,137,200,000, to remain available until expended, shall 

9 be available on October 1, 2009 (in addition to the 

10 $4,000,000,000 previously appropriated under this heading 

11 that will become available on October 1, 2009), and 

12 $4,000,000,000, to remain available until expended, shall 

13 be available on October 1, 2010: Provided, That of the 

14 amounts made available under this heading are provided 

15 as follows: 

16 (1) $16,339,200,000 shall be available for renew17 als of expiring section 8 tenant-based annual con18 tributions contracts (including renewals of enhanced 

19 vouchers under any provision of law authorizing such 

20 assistance under section 8(t) of the Act) and includ21 ing renewal of other special purpose vouchers initially 

22 funded in fiscal year 2008 and 2009 (such as Family 

23 Unification, Veterans Affairs Supportive Housing 

24 Vouchers and Non-elderly Disabled Vouchers): Pro25 vided, That notwithstanding any other provision of 


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1 law, from amounts provided under this paragraph 

2 and any carryover, the Secretary for the calendar 

3 year 2010 funding cycle shall provide renewal fund4 ing for each public housing agency based on voucher 

5 management system (VMS) leasing and cost data for 

6 the most recent Federal fiscal year and by applying 

7 the most recent Annual Adjustment Factor as estab8 lished by the Secretary, and by making any necessary 

9 adjustments for the costs associated with deposits to 

10 family self-sufficiency program escrow accounts or 

11 first-time renewals including tenant protection or 

12 HOPE VI vouchers: Provided further, That none of 

13 the funds provided under this paragraph may be used 

14 to fund a total number of unit months under lease 

15 which exceeds a public housing agency’s authorized 

16 level of units under contract: Provided further, That 

17 the Secretary shall, to the extent necessary to stay 

18 within the amount specified under this paragraph 

19 (except as otherwise modified under this Act), pro 

20 rate each public housing agency’s allocation otherwise 

21 established pursuant to this paragraph: Provided fur22 ther, That except as provided in the last two provisos, 

23 the entire amount specified under this paragraph (ex24 cept as otherwise modified under this Act) shall be ob25 ligated to the public housing agencies based on the alVerDate Nov 24 2008 02:06 Sep 19, 2009 Jkt 079200 PO 00000 Frm 00249 Fmt 6652 Sfmt 6203 E:\BILLS\H3288.PP H3288

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1 location and pro rata method described above, and the 

2 Secretary shall notify public housing agencies of their 

3 annual budget not later than 60 days after enactment 

4 of this Act: Provided further, That the Secretary may 

5 extend the 60-day notification period with the prior 

6 written approval of the House and Senate Committees 

7 on Appropriations: Provided further, That public 

8 housing agencies participating in the Moving to Work 

9 demonstration shall be funded pursuant to their Mov10 ing to Work agreements and shall be subject to the 

11 same pro rata adjustments under the previous pro12 visos: Provided further, That up to $150,000,000 shall 

13 be available only: (1) to adjust the allocations for 

14 public housing agencies, after application for an ad15 justment by a public housing agency that experienced 

16 a significant increase, as determined by the Sec17 retary, in renewal costs of tenant-based rental assist18 ance resulting from unforeseen circumstances or from 

19 portability under section 8(r) of the Act; (2) for ad20 justments for public housing agencies with voucher 

21 leasing rates at the end of the calendar year that ex22 ceed the average leasing for the 12-month period used 

23 to establish the allocation; (3) for adjustments for the 

24 costs associated with VASH vouchers; or (4) for 

25 vouchers that were not in use during the 12-month 


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1 period in order to be available to meet a commitment 

2 pursuant to section 8(o)(13) of the Act; 

3 (2) $103,000,000 shall be for section 8 rental as4 sistance for relocation and replacement of housing 

5 units that are demolished or disposed of pursuant to 

6 the Omnibus Consolidated Rescissions and Appro7 priations Act of 1996 (Public Law 104–134), conver8 sion of section 23 projects to assistance under section 

9 8, the family unification program under section 8(x) 

10 of the Act, relocation of witnesses in connection with 

11 efforts to combat crime in public and assisted housing 

12 pursuant to a request from a law enforcement or 

13 prosecution agency, enhanced vouchers under any 

14 provision of law authorizing such assistance under 

15 section 8(t) of the Act, HOPE VI vouchers, manda16 tory and voluntary conversions, and tenant protection 

17 assistance including replacement and relocation as18 sistance or for project based assistance to prevent the 

19 displacement of unassisted elderly tenants currently 

20 residing in section 202 properties financed between 

21 1959 and 1974 that are refinanced pursuant to Pub22 lic Law 106–569, as amended, or under the authority 

23 as provided under this Act: Provided, That the Sec24 retary shall may provide replacement vouchers for all 

25 units that were occupied within the previous 24 


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1 months that cease to be available as assisted housing, 

2 subject only to the availability of funds; 

3 (3) $1,550,000,000 shall be for administrative 

4 and other expenses of public housing agencies in ad5 ministering the section 8 tenant-based rental assist6 ance program, of which up to $50,000,000 shall be 

7 available to the Secretary to allocate to public hous8 ing agencies that need additional funds to administer 

9 their section 8 programs, including fees associated 

10 with section 8 tenant protection rental assistance, the 

11 administration of disaster related vouchers, Veterans 

12 Affairs Supportive Housing vouchers, and other in13 cremental vouchers: Provided, That no less than 

14 $1,500,000,000 of the amount provided in this para15 graph shall be allocated to public housing agencies for 

16 the calendar year 2010 funding cycle based on section 

17 8(q) of the Act (and related Appropriation Act provi18 sions) as in effect immediately before the enactment 

19 of the Quality Housing and Work Responsibility Act 

20 of 1998 (Public Law 105–276): Provided further, 

21 That if the amounts made available under this para22 graph are insufficient to pay the amounts determined 

23 under the previous proviso, the Secretary may de24 crease the amounts allocated to agencies by a uniform 

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1 ing under this paragraph or may, to the extent nec2 essary to provide full payment of amounts determined 

3 under the previous proviso, utilize unobligated bal4 ances, including recaptures and carryovers, remain5 ing from funds appropriated to the Department of 

6 Housing and Urban Development under this heading, 

7 for fiscal year 2009 and prior fiscal years, notwith8 standing the purposes for which such amounts were 

9 appropriated: Provided further, That amounts pro10 vided under this paragraph shall be only for activities 

11 related to the provision of tenant-based rental assist12 ance authorized under section 8, including related de13 velopment activities; 

14 (4) $50,000,000 shall be available for family self15 sufficiency coordinators under section 23 of the Act; 

16 (5) $20,000,000 for incremental voucher assist17 ance through the Family Unification Program: Pro18 vided, That the assistance made available under this 

19 paragraph shall continue to remain available for 

20 family unification upon turnover: Provided further, 

21 That the Secretary of Housing and Urban Develop22 ment shall make such funding available, notwith23 standing section 204 (competition provision) of this 

24 title, to entities with demonstrated experience and re25 sources for supportive services; 


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1 (6) $75,000,000 for incremental rental voucher 

2 assistance for use through a supported housing pro3 gram administered in conjunction with the Depart4 ment of Veterans Affairs as authorized under section 

5 8(o)(19) of the United States Housing Act of 1937: 

6 Provided, That the Secretary of Housing and Urban 

7 Development shall make such funding available, not8 withstanding section 204 (competition provision) of 

9 this title, to public housing agencies that partner with 

10 eligible VA Medical Centers or other entities as des11 ignated by the Secretary of the Department of Vet12 erans Affairs, based on geographical need for such as13 sistance as identified by the Secretary of the Depart14 ment of Veterans Affairs, public housing agency ad15 ministrative performance, and other factors as speci16 fied by the Secretary of Housing and Urban Develop17 ment in consultation with the Secretary of the De18 partment of Veterans Affairs: Provided further, That 

19 the Secretary of Housing and Urban Development 

20 may waive, or specify alternative requirements for (in 

21 consultation with the Secretary of the Department of 

22 Veterans Affairs), any provision of any statute or reg23 ulation that the Secretary of Housing and Urban De24 velopment administers in connection with the use of 

25 funds made available under this paragraph (except 


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1 for requirements related to fair housing, non2 discrimination, labor standards, and the environ3 ment), upon a finding by the Secretary that any such 

4 waivers or alternative requirements are necessary for 

5 the effective delivery and administration of such 

6 voucher assistance: Provided further, That assistance 

7 made available under this paragraph shall continue 

8 to remain available for homeless veterans upon turn9 over; and 

10 (7) up to $50,000,000 provided under this head11 ing maybe transferred to and merged with the appro12 priation for ‘‘Transformation Initiative’’. 

13 HOUSING CERTIFICATE FUND

14 Unobligated balances, including recaptures and carry15 over, remaining from funds appropriated to the Depart16 ment of Housing and Urban Development under this head17 ing, the heading ‘‘Annual Contributions for Assisted Hous18 ing’’ and the heading ‘‘Project-Based Rental Assistance’’, 

19 for fiscal year 2010 and prior years may be used for re20 newal of or amendments to section 8 project-based contracts 

21 and for performance-based contract administrators, not22 withstanding the purposes for which such funds were appro23 priated: Provided, That any obligated balances of contract 

24 authority from fiscal year 1974 and prior that have been 

25 terminated shall be permanently cancelled. 


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1 PUBLIC HOUSING CAPITAL FUND

2 For the Public Housing Capital Fund Program to 

3 carry out capital and management activities for public 

4 housing agencies, as authorized under section 9 of the 

5 United States Housing Act of 1937 (42 U.S.C. 1437g) (the 

6 ‘‘Act’’) $2,500,000,000, to remain available until September 

7 30, 2013: Provided, That notwithstanding any other provi8 sion of law or regulation, during fiscal year 2010 the Sec9 retary of Housing and Urban Development may not dele10 gate to any Department official other than the Deputy Sec11 retary and the Assistant Secretary for Public and Indian 

12 Housing any authority under paragraph (2) of section 9(j) 

13 regarding the extension of the time periods under such sec14 tion: Provided further, That for purposes of such section 

15 9(j), the term ‘‘obligate’’ means, with respect to amounts, 

16 that the amounts are subject to a binding agreement that 

17 will result in outlays, immediately or in the future: Pro18 vided further, That up to $15,345,000 shall be to support 

19 the ongoing Public Housing Financial and Physical Assess20 ment activities of the Real Estate Assessment Center 

21 (REAC): Provided further, That no funds may be used 

22 under this heading for the purposes specified in section 9(k) 

23 of the Act: Provided further, That of the total amount pro24 vided under this heading, not to exceed $20,000,000 shall 

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1 standing section 204 of this Act, to public housing agencies 

2 for emergency capital needs including safety and security 

3 measures necessary to address crime and drug-related activ4 ity as well as needs resulting from unforeseen or unprevent5 able emergencies and natural disasters excluding Presi6 dentially declared emergencies and natural disasters under 

7 the Robert T. Stafford Disaster Relief and Emergency Act 

8 (42 U.S.C. 5121 et seq.) occurring in fiscal year 2010: Pro9 vided further, That of the amounts provided under this 

10 heading $50,000,000 shall be for grants to be competitively 

11 awarded to public housing agencies for the construction, re12 habilitation or purchase of facilities to be used to provide 

13 early education, adult education, job training or other ap14 propriate services to public housing residents: Provided fur15 ther, That grantees shall demonstrate an ability to leverage 

16 other Federal, State, local or private resources for the con17 struction, rehabilitation or acquisition of such facilities, 

18 and that selected grantees shall demonstrate a capacity to 

19 pay the long-term costs of operating such facilities: Pro20 vided further, That of the total amount provided under this 

21 heading, $40,000,000 shall be for supportive services, service 

22 coordinators and congregate services as authorized by sec23 tion 34 of the Act (42 U.S.C. 1437z–6) and the Native 

24 American Housing Assistance and Self-Determination Act 

25 of 1996 (25 U.S.C. 4101 et seq.): Provided further, That 


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1 of the total amount provided under this heading up to 

2 $8,820,000 is to support the costs of administrative and ju3 dicial receiverships: Provided further, That from the funds 

4 made available under this heading, the Secretary shall pro5 vide bonus awards in fiscal year 2010 to public housing 

6 agencies that are designated high performers. 

7 PUBLIC HOUSING OPERATING FUND

8 For 2010 payments to public housing agencies for the 

9 operation and management of public housing, as authorized 

10 by section 9(e) of the United States Housing Act of 1937 

11 (42 U.S.C. 1437g(e)), $4,750,000,000: Provided, That, in 

12 fiscal year 2009 and all fiscal years hereafter, no amounts 

13 under this heading in any appropriations Act may be used 

14 for payments to public housing agencies for the costs of op15 eration and management of public housing for any year 

16 prior to the current year of such Act: Provided further, That 

17 of the amounts made available under this heading, up to 

18 $15,000,000 may be transferred to and merged with the ap19 propriation for ‘‘Transformation Initiative’’. 

20 CHOICE NEIGHBORHOODS

21 For competitive grants under the Choice Neighborhoods 

22 Initiative for transformation, rehabilitation and replace23 ment housing needs of both public and HUD-assisted hous24 ing and to transform neighborhoods of poverty into func25 tioning, sustainable mixed income neighborhoods with apVerDate Nov 24 2008 02:06 Sep 19, 2009 Jkt 079200 PO 00000 Frm 00258 Fmt 6652 Sfmt 6203 E:\BILLS\H3288.PP H3288

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1 propriate services, public assets, transportation and access 

2 to jobs, and schools, including public schools, community 

3 schools, and charter schools, $250,000,000, to remain avail4 able until September 30, 2013: Provided, That grant funds 

5 may be used for resident and community services, commu6 nity development and affordable housing needs in the com7 munity, and for conversion of vacant or foreclosed prop8 erties to affordable housing: Provided further, That grantees 

9 shall undertake comprehensive local planning with input 

10 from residents and the community, and that grantees shall 

11 provide a match in State, local, other Federal or private 

12 funds: Provided further, That grantees may include local 

13 governments, public housing authorities, and nonprofits: 

14 Provided further, That for-profit developers may apply 

15 jointly with a public entity: Provided further, That of the 

16 amounts provided, not less than $165,000,000 shall be 

17 awarded to public housing authorities: Provided further, 

18 That such grantees shall create partnerships with other 

19 local organizations including assisted housing owners, serv20 ice agencies and resident organizations: Provided further, 

21 That the Secretary shall consult with the Secretaries of 

22 Education, Labor, Transportation, Health and Human 

23 Services, Agriculture, and Commerce and the Adminis24 trator of the Environmental Protection Agency to coordi25 nate and leverage other appropriate Federal resources: ProVerDate Nov 24 2008 02:06 Sep 19, 2009 Jkt 079200 PO 00000 Frm 00259 Fmt 6652 Sfmt 6203 E:\BILLS\H3288.PP H3288

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1 vided further, That within 60 days of the enactment of this 

2 Act, HUD shall submit a plan to the House and Senate 

3 Committees on Appropriations, for approval, describing an 

4 array of performance measures that HUD will use in iden5 tifying functioning, sustainable, mixed-income neighbor6 hoods and a plan for how HUD will work with other agen7 cies: Provided further, That no more than ten percent of 

8 funds made available under this heading may be provided 

9 for planning grants to assist communities in developing 

10 comprehensive strategies for implementing this program in 

11 conjunction with community notice and input: Provided 

12 further, That the Secretary shall develop and publish guide13 lines for the use of such competitive funds, including but 

14 not limited to eligible activities, program requirements, 

15 protections and services for affected residents, and perform16 ance metrics. 

17 NATIVE AMERICAN HOUSING BLOCK GRANTS

18 For the Native American Housing Block Grants pro19 gram, as authorized under title I of the Native American 

20 Housing Assistance and Self-Determination Act of 1996 

21 (NAHASDA) (25 U.S.C. 4111 et seq.), $670,000,000, to re22 main available until expended: Provided, That, notwith23 standing the Native American Housing Assistance and Self24 Determination Act of 1996, to determine the amount of the 

25 allocation under title I of such Act for each Indian tribe, 


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1 the Secretary shall apply the formula under section 302 of 

2 such Act with the need component based on single-race Cen3 sus data and with the need component based on multi-race 

4 Census data, and the amount of the allocation for each In5 dian tribe shall be the greater of the two resulting allocation 

6 amounts: Provided further, That of the amounts made 

7 available under this heading, $3,500,000 shall be contracted 

8 for assistance for a national organization representing Na9 tive American housing interests for providing training and 

10 technical assistance to Indian housing authorities and trib11 ally designated housing entities as authorized under 

12 NAHASDA; and $4,250,000 shall be to support the inspec13 tion of Indian housing units, contract expertise, training, 

14 and technical assistance in the training, oversight, and 

15 management of such Indian housing and tenant-based as16 sistance, including up to $300,000 for related travel: Pro17 vided further, That of the amount provided under this head18 ing, $2,000,000 shall be made available for the cost of guar19 anteed notes and other obligations, as authorized by title 

20 VI of NAHASDA: Provided further, That such costs, includ21 ing the costs of modifying such notes and other obligations, 

22 shall be as defined in section 502 of the Congressional Budg23 et Act of 1974, as amended: Provided further, That these 

24 funds are available to subsidize the total principal amount 


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1 of any notes and other obligations, any part of which is 

2 to be guaranteed, not to exceed $18,000,000. 

3 NATIVE HAWAIIAN HOUSING BLOCK GRANT

4 For the Native Hawaiian Housing Block Grant pro5 gram, as authorized under title VIII of the Native American 

6 Housing Assistance and Self-Determination Act of 1996 (25 

7 U.S.C. 4111 et seq.), $13,000,000, to remain available until 

8 expended: Provided, That of this amount, $300,000 shall be 

9 for training and technical assistance activities, including 

10 up to $100,000 for related travel by Hawaii-based HUD 

11 employees. 

12 INDIAN HOUSING LOAN GUARANTEE FUND PROGRAM

13 ACCOUNT

14 For the cost of guaranteed loans, as authorized by sec15 tion 184 of the Housing and Community Development Act 

16 of 1992 (12 U.S.C. 1715z), $7,000,000, to remain available 

17 until expended: Provided, That such costs, including the 

18 costs of modifying such loans, shall be as defined in section 

19 502 of the Congressional Budget Act of 1974: Provided fur20 ther, That these funds are available to subsidize total loan 

21 principal, any part of which is to be guaranteed, up to 

22 $919,000,000: Provided further, That up to $750,000 shall 

23 be for administrative contract expenses including manage24 ment processes and systems to carry out the loan guarantee 

25 program. 


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1 NATIVE HAWAIIAN HOUSING LOAN GUARANTEE FUND

2 PROGRAM ACCOUNT

3 For the cost of guaranteed loans, as authorized by sec4 tion 184A of the Housing and Community Development Act 

5 of 1992 (12 U.S.C. 1715z), $1,044,000, to remain available 

6 until expended: Provided, That such costs, including the 

7 costs of modifying such loans, shall be as defined in section 

8 502 of the Congressional Budget Act of 1974: Provided fur9 ther, That these funds are available to subsidize total loan 

10 principal, any part of which is to be guaranteed, not to 

11 exceed $41,504,255. 

12 COMMUNITY PLANNING AND DEVELOPMENT

13 HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS

14 For carrying out the Housing Opportunities for Per15 sons with AIDS program, as authorized by the AIDS Hous16 ing Opportunity Act (42 U.S.C. 12901 et seq.), 

17 $320,000,000, to remain available until September 30, 

18 2011, except that amounts allocated pursuant to section 

19 854(c)(3) of such Act shall remain available until Sep20 tember 30, 2012: Provided, That the Secretary shall renew 

21 all expiring contracts for permanent supportive housing 

22 that were funded under section 854(c)(3) of such Act that 

23 meet all program requirements before awarding funds for 

24 new contracts and activities authorized under this section. 


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1 COMMUNITY DEVELOPMENT FUND

2 (INCLUDING TRANSFER OF FUNDS)

3 For assistance to units of State and local government, 

4 and to other entities, for economic and community develop5 ment activities, and for other purposes, $4,450,000,000, to 

6 remain available until September 30, 2012, unless otherwise 

7 specified: Provided, That of the total amount provided, 

8 $3,992,000,000 is for carrying out the community develop9 ment block grant program under title I of the Housing and 

10 Community Development Act of 1974, as amended (the 

11 ‘‘Act’’ herein) (42 U.S.C. 5301 et seq.): Provided further, 

12 That unless explicitly provided for under this heading (ex13 cept for planning grants provided in the second paragraph 

14 and amounts made available under the third paragraph), 

15 not to exceed 20 percent of any grant made with funds ap16 propriated under this heading shall be expended for plan17 ning and management development and administration: 

18 Provided further, That $65,000,000 shall be for grants to 

19 Indian tribes notwithstanding section 106(a)(1) of such Act, 

20 of which, notwithstanding any other provision of law (in21 cluding section 204 of this Act), up to $3,960,000 may be 

22 used for emergencies that constitute imminent threats to 

23 health and safety. 

24 Of the amount made available under this heading, 

25 $171,000,000 shall be available for grants for the Economic 


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1 Development Initiative (EDI) to finance a variety of tar2 geted economic investments in accordance with the terms 

3 and conditions specified in the explanatory statement ac4 companying this Act: Provided, That none of the funds pro5 vided under this paragraph may be used for program oper6 ations: Provided further, That, for fiscal years 2007, 2008 

7 and 2009, no unobligated funds for EDI grants may be used 

8 for any purpose except acquisition, planning, design, pur9 chase of equipment, revitalization, redevelopment or con10 struction. 

11 Of the amount made available under this heading, 

12 $22,000,000 shall be available for neighborhood initiatives 

13 that are utilized to improve the conditions of distressed and 

14 blighted areas and neighborhoods, to stimulate investment, 

15 economic diversification, and community revitalization in 

16 areas with population outmigration or a stagnating or de17 clining economic base, or to determine whether housing ben18 efits can be integrated more effectively with welfare reform 

19 initiatives: Provided, That amounts made available under 

20 this paragraph shall be provided in accordance with the 

21 terms and conditions specified in the explanatory statement 

22 accompanying this Act. 

23 The referenced explanatory statement under this head24 ing in title II of division K of Public Law 110–161 is 

25 deemed to be amended by striking ‘‘Old Town Boys and 


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1 Girls Club, Albuquerque, NM, for renovation of the existing 

2 Old Town Boys and Girls Club accompanied by construc3 tion of new areas for the Club’’ and inserting ‘‘Old Town 

4 Boys and Girls Club, Albuquerque, NM, for renovation of 

5 the Heights Boys and Girls Club’’. 

6 The referenced explanatory statement under this head7 ing in division I of Public Law 111–8 is deemed to be 

8 amended with respect to ‘‘Hawaii County Office of Housing 

9 and Community Development, HI’’ by striking ‘‘Senior 

10 Housing Renovation Project’’ and inserting ‘‘Transitional 

11 Housing Project’’. 

12 The referenced explanatory statement under the head13 ing ‘‘Community Development Fund’’ in title II of division 

14 K of Public Law 110–161 is deemed to be amended with 

15 respect to ‘‘Emergency Housing Consortium in San Jose, 

16 CA’’ by striking ‘‘for construction of the Sobrato Transi17 tional Center, a residential facility for homeless individuals 

18 and families’’ and inserting ‘‘for improvements to homeless 

19 services and prevention facilities’’. 

20 Of the amounts made available under this heading, 

21 $150,000,000 shall be made available for a Sustainable 

22 Communities Initiative to improve regional planning ef23 forts that integrate housing and transportation decisions, 

24 and increase the capacity to improve land use and zoning: 

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1 grated Planning Grants to support the linking of transpor2 tation and land use planning: Provided further, That not 

3 less than $25,000,000 of the funding made available for Re4 gional Integrated Planning Grants shall be awarded to met5 ropolitan areas of less than 500,000: Provided further, That 

6 $40,000,000 shall be for Community Challenge Planning 

7 Grants to foster reform and reduce barriers to achieve af8 fordable, economically vital, and sustainable communities: 

9 Provided further, That before funding is made available for 

10 Regional Integrated Planning Grants or Community Chal11 lenge Planning Grants, the Secretary, in coordination with 

12 the Secretary of Transportation, shall submit a plan to the 

13 House and Senate Committees on Appropriations, the Sen14 ate Committee on Banking and Urban Affairs, and the 

15 House Committee on Financial Services establishing grant 

16 criteria as well as performance measures by which the suc17 cess of grantees will be measured: Provided further, That 

18 the Secretary will consult with the Secretary of Transpor19 tation in selecting grant recipients: Provided further, That 

20 up to $10,000,000 shall be for a joint Department of Hous21 ing and Urban Development and Department of Transpor22 tation research effort that shall include a rigorous evalua23 tion of the Regional Integrated Planning Grants and Com24 munity Challenge Planning Grants programs: Provided 

25 further, That of the amounts made available under this 


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1 heading, $25,000,000 shall be made available for the Rural 

2 Innovation Fund for grants to Indian tribes, State housing 

3 finance agencies, State community and/or economic devel4 opment agencies, local rural nonprofits and community de5 velopment corporations to address the problems of con6 centrated rural housing distress and community poverty: 

7 Provided further, That of the funding made available under 

8 the previous proviso, $10,000,000 shall be made available 

9 to promote economic development and entrepreneurship for 

10 federally recognized Indian Tribes, through activities in11 cluding the capitalization of revolving loan programs and 

12 business planning and development, funding is also made 

13 available for technical assistance to increase capacity 

14 through training and outreach activities: Provided further, 

15 That of the amounts made available under this heading, 

16 $25,000,000 is for grants pursuant to section 107 of the 

17 Housing and Community Development Act of 1974 (42 

18 U.S.C. 5307). 

19 COMMUNITY DEVELOPMENT LOAN GUARANTEES PROGRAM

20 ACCOUNT

21 Subject to section 502 of the Congressional Budget Act 

22 of 1974, during fiscal year 2010, commitments to guarantee 

23 loans under section 108 of the Housing and Community 

24 Development Act of 1974, any part of which is guaranteed, 

25 shall not exceed a total principal amount of $275,000,000, 


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1 notwithstanding any aggregate limitation on outstanding 

2 obligations guaranteed in subsection (k) of such section 108: 

3 Provided, That the Secretary shall collect fees from bor4 rowers, notwithstanding subsection (m) of such section 108, 

5 to result in a credit subsidy cost of zero, and such fees shall 

6 be collected in accordance with section 502(7) of the Con7 gressional Budget Act of 1974. 

8 HOME INVESTMENT PARTNERSHIPS PROGRAM

9 For the HOME investment partnerships program, as 

10 authorized under title II of the Cranston-Gonzalez National 

11 Affordable Housing Act, as amended, $1,825,000,000, to re12 main available until September 30, 2012: Provided, That, 

13 funds provided in prior appropriations Acts for technical 

14 assistance, that were made available for Community Hous15 ing Development Organizations technical assistance, and 

16 that still remain available, may be used for HOME tech17 nical assistance notwithstanding the purposes for which 

18 such amounts were appropriated. 

19 SELF-HELP AND ASSISTED HOMEOWNERSHIP OPPORTUNITY

20 PROGRAM

21 For the Self-Help and Assisted Homeownership Op22 portunity Program, as authorized under section 11 of the 

23 Housing Opportunity Program Extension Act of 1996, as 

24 amended, $85,000,000, to remain available until September 

25 30, 2012: Provided, That of the total amount provided 


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1 under this heading, $27,000,000 shall be made available to 

2 the Self-Help and Assisted Homeownership Opportunity 

3 Program as authorized under section 11 of the Housing Op4 portunity Program Extension Act of 1996, as amended: 

5 Provided further, That $50,000,000 shall be made available 

6 for the second, third and fourth capacity building activities 

7 authorized under section 4(a) of the HUD Demonstration 

8 Act of 1993 (42 U.S.C. 9816 note), of which not less than 

9 $5,000,000 may be made available for rural capacity build10 ing activities: Provided further, That $8,000,000 shall be 

11 made available for capacity building activities as author12 ized in sections 6301 through 6305 of Public Law 110–246. 

13 HOMELESS ASSISTANCE GRANTS

14 (INCLUDING TRANSFER OF FUNDS)

15 For the emergency shelter grants program as author16 ized under subtitle B of title IV of the McKinney-Vento 

17 Homeless Assistance Act, as amended; the supportive hous18 ing program as authorized under subtitle C of title IV of 

19 such Act; the section 8 moderate rehabilitation single room 

20 occupancy program as authorized under the United States 

21 Housing Act of 1937, as amended, to assist homeless indi22 viduals pursuant to section 441 of the McKinney-Vento 

23 Homeless Assistance Act; and the shelter plus care program 

24 as authorized under subtitle F of title IV of such Act, 

25 $1,875,000,000, of which $1,870,000,000 shall remain 


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1 available until September 30, 2012, and of which 

2 $5,000,000 shall remain available until expended for reha3 bilitation projects with 10-year grant terms: Provided, That 

4 not less than 30 percent of funds made available, excluding 

5 amounts provided for renewals under the Shelter Plus Care 

6 Program and emergency shelter grants, shall be used for 

7 permanent housing for individuals and families: Provided 

8 further, That all funds awarded for services shall be 

9 matched by not less than 25 percent in funding by each 

10 grantee: Provided further, That for all match requirements 

11 applicable to funds made available under this heading for 

12 this fiscal year and prior years, a grantee may use (or could 

13 have used) as a source of match funds other funds adminis14 tered by the Secretary and other Federal agencies unless 

15 there is (or was) a specific statutory prohibition on any 

16 such use of any such funds: Provided further, That the Sec17 retary shall renew on an annual basis expiring contracts 

18 or amendments to contracts funded under the shelter plus 

19 care program if the program is determined to be needed 

20 under the applicable continuum of care and meets appro21 priate program requirements and financial standards, as 

22 determined by the Secretary: Provided further, That all 

23 awards of assistance under this heading shall be required 

24 to coordinate and integrate homeless programs with other 

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1 grams for which homeless populations may be eligible, in2 cluding Medicaid, State Children’s Health Insurance Pro3 gram, Temporary Assistance for Needy Families, Food 

4 Stamps, and services funding through the Mental Health 

5 and Substance Abuse Block Grant, Workforce Investment 

6 Act, and the Welfare-to-Work grant program: Provided fur7 ther, That up to $6,000,000 of the funds appropriated under 

8 this heading shall be available for the national homeless 

9 data analysis project: Provided further, That up to 

10 $12,750,000 of the funds made available under this heading 

11 may be transferred to and merged with the appropriation 

12 for ‘‘Transformation Initiative’’: Provided further, That all 

13 balances for Shelter Plus Care renewals previously funded 

14 from the Shelter Plus Care Renewal account and trans15 ferred to this account shall be available, if recaptured, for 

16 Shelter Plus Care renewals in fiscal year 2010. 

17 HOUSING PROGRAMS

18 PROJECT-BASED RENTAL ASSISTANCE

19 (INCLUDING TRANSFER OF FUNDS)

20 For activities and assistance for the provision of 

21 project-based subsidy contracts under the United States 

22 Housing Act of 1937 (42 U.S.C. 1437 et seq.) (‘‘the Act’’), 

23 not otherwise provided for, $7,700,000,000, to remain avail24 able until expended, shall be available on October 1, 2009, 

25 and $400,000,000, to remain available until expended, shall 


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1 be available on October 1, 2010: Provided, That the 

2 amounts made available under this heading are provided 

3 as follows: 

4 (1) Up to $7,868,000,000 shall be available for 

5 expiring or terminating section 8 project-based sub6 sidy contracts (including section 8 moderate rehabili7 tation contracts), for amendments to section 8 project8 based subsidy contracts (including section 8 moderate 

9 rehabilitation contracts), for contracts entered into 

10 pursuant to section 441 of the McKinney-Vento 

11 Homeless Assistance Act (42 U.S.C. 11401), for re12 newal of section 8 contracts for units in projects that 

13 are subject to approved plans of action under the 

14 Emergency Low Income Housing Preservation Act of 

15 1987 or the Low-Income Housing Preservation and 

16 Resident Homeownership Act of 1990, and for admin17 istrative and other expenses associated with project18 based activities and assistance funded under this 

19 paragraph. 

20 (2) Not less than $232,000,000 but not to exceed 

21 $258,000,000 shall be available for performance-based 

22 contract administrators for section 8 project-based as23 sistance: Provided, That the Secretary of Housing and 

24 Urban Development may also use such amounts for 

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1 ministration of: interest reduction payments pursuant 

2 to section 236(a) of the National Housing Act (12 

3 U.S.C. 1715z–1(a)); rent supplement payments pur4 suant to section 101 of the Housing and Urban Devel5 opment Act of 1965 (12 U.S.C. 1701s); section 

6 236(f)(2) rental assistance payments (12 U.S.C. 

7 1715z–1(f)(2)); project rental assistance contracts for 

8 the elderly under section 202(c)(2) of the Housing Act 

9 of 1959 (12 U.S.C. 1701q); project rental assistance 

10 contracts for supportive housing for persons with dis11 abilities under section 811(d)(2) of the Cranston-Gon12 zalez National Affordable Housing Act (42 U.S.C. 

13 8013(d)(2)); project assistance contracts pursuant to 

14 section 202(h) of the Housing Act of 1959 (Public 

15 Law 86–372; 73 Stat. 667); and loans under section 

16 202 of the Housing Act of 1959 (Public Law 86–372; 

17 73 Stat. 667). 

18 (3) Not to exceed $20,000,000 provided under 

19 this heading may be transferred to and merged with 

20 the appropriation for ‘‘Transformation Initiative’’. 

21 (4) Amounts recaptured under this heading, the 

22 heading ‘‘Annual Contributions for Assisted Hous23 ing’’, or the heading ‘‘Housing Certificate Fund’’ may 

24 be used for renewals of or amendments to section 8 

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1 tract administrators, notwithstanding the purposes 

2 for which such amounts were appropriated. 

3 HOUSING FOR THE ELDERLY

4 (INCLUDING TRANSFER OF FUNDS)

5 For capital advances, including amendments to cap6 ital advance contracts, for housing for the elderly, as au7 thorized by section 202 of the Housing Act of 1959, as 

8 amended, and for project rental assistance for the elderly 

9 under section 202(c)(2) of such Act, including amendments 

10 to contracts for such assistance and renewal of expiring con11 tracts for such assistance for up to a 1-year term, and for 

12 supportive services associated with the housing, 

13 $785,000,000, to remain available until September 30, 

14 2013, of which up to $542,000,000 shall be for capital ad15 vance and project-based rental assistance awards: Provided, 

16 That amounts for project rental assistance contracts are to 

17 remain available for the liquidation of valid obligations for 

18 10 years following the date of such obligation: Provided fur19 ther, That of the amount provided under this heading, up 

20 to $90,000,000 shall be for service coordinators and the con21 tinuation of existing congregate service grants for residents 

22 of assisted housing projects, and of which up to $25,000,000 

23 shall be for grants under section 202b of the Housing Act 

24 of 1959 (12 U.S.C. 1701q–2) for conversion of eligible 

25 projects under such section to assisted living or related use 


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1 and for substantial and emergency capital repairs as deter2 mined by the Secretary: Provided further, That of the 

3 amount made available under this heading, $20,000,000 

4 shall be available to the Secretary of Housing and Urban 

5 Development only for making competitive grants to private 

6 nonprofit organizations and consumer cooperatives for cov7 ering costs of architectural and engineering work, site con8 trol, and other planning relating to the development of sup9 portive housing for the elderly that is eligible for assistance 

10 under section 202 of the Housing Act of 1959 (12 U.S.C. 

11 1701q): Provided further, That amounts under this heading 

12 shall be available for Real Estate Assessment Center inspec13 tions and inspection-related activities associated with sec14 tion 202 capital advance projects: Provided further, That 

15 the Secretary may waive the provisions of section 202 gov16 erning the terms and conditions of project rental assistance, 

17 except that the initial contract term for such assistance 

18 shall not exceed 5 years in duration. 

19 HOUSING FOR PERSONS WITH DISABILITIES

20 (INCLUDING TRANSFER OF FUNDS)

21 For capital advance contracts, including amendments 

22 to capital advance contracts, for supportive housing for per23 sons with disabilities, as authorized by section 811 of the 

24 Cranston-Gonzalez National Affordable Housing Act (42 

25 U.S.C. 8013), for project rental assistance for supportive 


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1 housing for persons with disabilities under section 

2 811(d)(2) of such Act, including amendments to contracts 

3 for such assistance and renewal of expiring contracts for 

4 such assistance for up to a 1-year term, and for supportive 

5 services associated with the housing for persons with dis6 abilities as authorized by section 811(b)(1) of such Act, and 

7 for tenant-based rental assistance contracts entered into 

8 pursuant to section 811 of such Act, $265,000,000, of which 

9 up to $129,000,000 shall be for capital advances and 

10 project-based rental assistance contracts, to remain avail11 able until September 30, 2013: Provided, That amounts for 

12 project rental assistance contracts are to remain available 

13 for the liquidation of valid obligations for 10 years fol14 lowing the date of such obligation: Provided further, That, 

15 of the amount provided under this heading, $87,100,000 

16 shall be for amendments or renewal of tenant-based assist17 ance contracts entered into prior to fiscal year 2005 (only 

18 one amendment authorized for any such contract): Provided 

19 further, That all tenant-based assistance made available 

20 under this heading shall continue to remain available only 

21 to persons with disabilities: Provided further, That the Sec22 retary may waive the provisions of section 811 governing 

23 the terms and conditions of project rental assistance and 

24 tenant-based assistance, except that the initial contract 

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1 tion: Provided further, That amounts made available under 

2 this heading shall be available for Real Estate Assessment 

3 Center inspections and inspection-related activities associ4 ated with section 811 Capital Advance Projects. 

5 HOUSING COUNSELING ASSISTANCE

6 For contracts, grants, and other assistance excluding 

7 loans, as authorized under section 106 of the Housing and 

8 Urban Development Act of 1968, as amended, $100,000,000, 

9 including up to $2,500,000 for administrative contract 

10 services, to remain available until September 30, 2011: Pro11 vided, That funds shall be used for providing counseling 

12 and advice to tenants and homeowners, both current and 

13 prospective, with respect to property maintenance, finan14 cial management/literacy, and such other matters as may 

15 be appropriate to assist them in improving their housing 

16 conditions, meeting their financial needs, and fulfilling the 

17 responsibilities of tenancy or homeownership; for program 

18 administration; and for housing counselor training: Pro19 vided further, That of the amounts made available under 

20 this heading, not less than $15,000,000 shall be awarded 

21 to HUD-certified housing counseling agencies located in the 

22 100 metropolitan statistical areas with the highest rate of 

23 home foreclosures for the purpose of assisting homeowners 

24 with inquiries regarding mortgage-modification assistance 

25 and mortgage scams. 


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1 ENERGY INNOVATION FUND

2 For an Energy Innovation Fund to enable the Federal 

3 Housing Administration and the new Office of Sustain4 ability to catalyze innovations in the residential energy effi5 ciency sector that have promise of replicability and help 

6 create a standardized home energy efficient retrofit market, 

7 $75,000,000, to remain available until September 30, 2013: 

8 Provided, That $20,000,000 shall be for the Energy Effi9 cient Mortgage Innovation pilot program, directed at the 

10 single family housing market: Provided further, That 

11 $20,000,000 shall be for the Multifamily Energy Pilot, di12 rected at the multifamily housing market: Provided further, 

13 That $35,000,000 shall be for the Local Initiatives Fund 

14 so as to leverage additional public and private sector cap15 ital to stimulate the development of model residential en16 ergy efficient retrofits in ten or more communities: Pro17 vided further, That selected communities shall have dem18 onstrated capacity to conduct energy efficient retrofit ac19 tivities, and no community shall receive more than 

20 $10,000,000. 

21 OTHER ASSISTED HOUSING PROGRAMS

22 RENTAL HOUSING ASSISTANCE

23 For amendments to contracts under section 101 of the 

24 Housing and Urban Development Act of 1965 (12 U.S.C. 

25 1701s) and section 236(f)(2) of the National Housing Act 


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1 (12 U.S.C. 1715z–1) in State-aided, non-insured rental 

2 housing projects, $40,000,000, to remain available until ex3 pended. 

4 RENT SUPPLEMENT

5 (RESCISSION)

6 Of the amounts recaptured from terminated contracts 

7 under section 101 of the Housing and Urban Development 

8 Act of 1965 (12 U.S.C. 1701s) and section 236 of the Na9 tional Housing Act (12 U.S.C. 1715z–1) $27,600,000 are 

10 rescinded hereby permanently cancelled: Provided, That no 

11 amounts may be cancelled from amounts that were des12 ignated by the Congress as an emergency requirement pur13 suant to the Concurrent Resolution on the Budget or the 

14 Balanced Budget and Emergency Deficit Control Act of 

15 1985, as amended. 

16 PAYMENT TO MANUFACTURED HOUSING FEES TRUST FUND

17 For necessary expenses as authorized by the National 

18 Manufactured Housing Construction and Safety Standards 

19 Act of 1974 (42 U.S.C. 5401 et seq.), up to $16,000,000, 

20 to remain available until expended, of which $7,000,000 is 

21 to be derived from the Manufactured Housing Fees Trust 

22 Fund: Provided, That not to exceed the total amount appro23 priated under this heading shall be available from the gen24 eral fund of the Treasury to the extent necessary to incur 

25 obligations and make expenditures pending the receipt of 


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1 collections to the Fund pursuant to section 620 of such Act: 

2 Provided further, That the amount made available under 

3 this heading from the general fund shall be reduced as such 

4 collections are received during fiscal year 2010 so as to re5 sult in a final fiscal year 2010 appropriation from the gen6 eral fund estimated at not more than $9,000,000 and fees 

7 pursuant to such section 620 shall be modified as necessary 

8 to ensure such a final fiscal year 2010 appropriation: Pro9 vided further, That for the dispute resolution and installa10 tion programs, the Secretary of Housing and Urban Devel11 opment may assess and collect fees from any program par12 ticipant: Provided further, That such collections shall be de13 posited into the Fund, and the Secretary, as provided here14 in, may use such collections, as well as fees collected under 

15 section 620, for necessary expenses of such Act: Provided 

16 further, That notwithstanding the requirements of section 

17 620 of such Act, the Secretary may carry out responsibil18 ities of the Secretary under such Act through the use of ap19 proved service providers that are paid directly by the recipi20 ents of their services. 

21 FEDERAL HOUSING ADMINISTRATION

22 MUTUAL MORTGAGE INSURANCE PROGRAM ACCOUNT

23 (INCLUDING TRANSFERS OF FUNDS)

24 During fiscal year 2010, commitments to guarantee 

25 single family loans insured under the Mutual Mortgage InVerDate Nov 24 2008 02:06 Sep 19, 2009 Jkt 079200 PO 00000 Frm 00281 Fmt 6652 Sfmt 6203 E:\BILLS\H3288.PP H3288

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1 surance Fund shall not exceed a loan principal of 

2 $400,000,000,000: Provided, That for the cost of new guar3 anteed loans, as authorized by section 255 of the National 

4 Housing Act (12 U.S.C. 1715z–20), $288,000,000; and, in 

5 addition, to the extent that new guaranteed loan commit6 ments under section 255 will and do exceed 

7 $30,000,000,000, an additional $26,600 shall be available 

8 for each $1,000,000 in such additional commitments (in9 cluding a pro rata amount for any new guaranteed loan 

10 commitment amount below $1,000,000): Provided further, 

11 That the Secretary shall reduce the principal limit factors 

12 applicable to mortgage loans insured under such section 255 

13 in fiscal year 2010 by 5 percent from what was assumed 

14 for calculating the subsidy rates published in the President’s 

15 budget for fiscal year 2010: Provided further, That during 

16 fiscal year 2010, obligations to make direct loans to carry 

17 out the purposes of section 204(g) of the National Housing 

18 Act, as amended, shall not exceed $50,000,000: Provided 

19 further, That the foregoing amount shall be for loans to non20 profit and governmental entities in connection with sales 

21 of single family real properties owned by the Secretary and 

22 formerly insured under the Mutual Mortgage Insurance 

23 Fund. For administrative contract expenses, of the federal 

24 housing administration $188,900,000, of $70,794,000 may 

25 be transferred to the Working capital fund, and of which 


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1 up to $7,500,000 shall be for education and outreach of 

2 FHA single family loan products: Provided further, That 

3 to the extent guaranteed loan commitments exceed 

4 $200,000,000,000 on or before April 1, 2010, an additional 

5 $1,400 for administrative contract expenses shall be avail6 able for each $1,000,000 in additional guaranteed loan 

7 commitments (including a pro rata amount for any 

8 amount below $1,000,000), but in no case shall funds made 

9 available by this proviso exceed $30,000,000. 

10 GENERAL AND SPECIAL RISK PROGRAM ACCOUNT

11 For the cost of guaranteed loans, as authorized by sec12 tions 238 and 519 of the National Housing Act (12 U.S.C. 

13 1715z–3 and 1735c), including the cost of loan guarantee 

14 modifications, as that term is defined in section 502 of the 

15 Congressional Budget Act of 1974, as amended, $8,600,000, 

16 to remain available until expended: Provided, That com17 mitments to guarantee loans shall not exceed 

18 $15,000,000,000 in total loan principal, any part of which 

19 is to be guaranteed. 

20 Gross obligations for the principal amount of direct 

21 loans, as authorized by sections 204(g), 207(l), 238, and 

22 519(a) of the National Housing Act, shall not exceed 

23 $20,000,000, which shall be for loans to nonprofit and gov24 ernmental entities in connection with the sale of single-famVerDate Nov 24 2008 02:06 Sep 19, 2009 Jkt 079200 PO 00000 Frm 00283 Fmt 6652 Sfmt 6203 E:\BILLS\H3288.PP H3288

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1 ily real properties owned by the Secretary and formerly in2 sured under such Act. 

3 GOVERNMENT NATIONAL MORTGAGE ASSOCIATION

4 GUARANTEES OF MORTGAGE-BACKED SECURITIES LOAN

5 GUARANTEE PROGRAM ACCOUNT

6 New commitments to issue guarantees to carry out the 

7 purposes of section 306 of the National Housing Act, as 

8 amended (12 U.S.C. 1721(g)), shall not exceed 

9 $500,000,000,000, to remain available until September 30, 

10 2011. 

11 POLICY DEVELOPMENT AND RESEARCH

12 For contracts, grants, and necessary expenses of pro13 grams of research and studies relating to housing and 

14 urban problems, not otherwise provided for, as authorized 

15 by title V of the Housing and Urban Development Act of 

16 1970 (12 U.S.C. 1701z–1 et seq.), including carrying out 

17 the functions of the Secretary of Housing and Urban Devel18 opment under section 1(a)(1)(I) of Reorganization Plan No. 

19 2 of 1968, $48,000,000, to remain available until September 

20 30, 2011. 

21 FAIR HOUSING AND EQUAL OPPORTUNITY

22 FAIR HOUSING ACTIVITIES

23 For contracts, grants, and other assistance, not other24 wise provided for, as authorized by title VIII of the Civil 

25 Rights Act of 1968, as amended by the Fair Housing 


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1 Amendments Act of 1988, and section 561 of the Housing 

2 and Community Development Act of 1987, as amended, 

3 $72,000,000, to remain available until September 30, 2011, 

4 of which $42,500,000 shall be to carry out activities pursu5 ant to such section 561 of which up to $2,000,000 shall be 

6 made available to carryout authorized activities to protect 

7 the public from mortgage rescue scams: Provided, That not8 withstanding 31 U.S.C. 3302, the Secretary may assess and 

9 collect fees to cover the costs of the Fair Housing Training 

10 Academy, and may use such funds to provide such training: 

11 Provided further, That no funds made available under this 

12 heading shall be used to lobby the executive or legislative 

13 branches of the Federal Government in connection with a 

14 specific contract, grant or loan: Provided further, That of 

15 the funds made available under this heading, $500,000 shall 

16 be available to the Secretary of Housing and Urban Devel17 opment for the creation and promotion of translated mate18 rials and other programs that support the assistance of per19 sons with limited English proficiency in utilizing the serv20 ices provided by the Department of Housing and Urban De21 velopment. 


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1 OFFICE OF LEAD HAZARD CONTROL AND HEALTHY

2 HOMES

3 LEAD HAZARD REDUCTION

4 For the Lead Hazard Reduction Program, as Author5 ized by section 1011 of the Residential Lead-Based Paint 

6 Hazard Reduction Act of 1992, $140,000,000, to remain 

7 available until September 30, 2011, of which not less than 

8 $20,000,000 shall be for the Healthy Homes Initiative, pur9 suant to sections 501 and 502 of the Housing and Urban 

10 Development Act of 1970 that shall include research, stud11 ies, testing, and demonstration efforts, including education 

12 and outreach concerning lead-based paint poisoning and 

13 other housing-related diseases and hazards: Provided, That 

14 for purposes of environmental review, pursuant to the Na15 tional Environmental Policy Act of 1969 (42 U.S.C. 4321 

16 et seq.) and other provisions of the law that further the pur17 poses of such Act, a grant under the Healthy Homes Initia18 tive, Operation Lead Elimination Action Plan (LEAP), or 

19 the Lead Technical Studies program under this heading or 

20 under prior appropriations Acts for such purposes under 

21 this heading, shall be considered to be funds for a special 

22 project for purposes of section 305(c) of the Multifamily 

23 Housing Property Disposition Reform Act of 1994: Pro24 vided further, That of the total amount made available 

25 under this heading, $48,000,000 shall be made available on 


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1 a competitive basis for areas with the highest lead paint 

2 abatement needs: Provided further, That each recipient of 

3 funds provided under the second proviso shall make a 

4 matching contribution in an amount not less than 25 per5 cent: Provided further, That the Secretary may waive the 

6 matching requirement cited in the preceding proviso on a 

7 case by case basis if the Secretary determines that such a 

8 waiver is necessary to advance the purposes of this pro9 gram: Provided further, That each applicant shall submit 

10 a detailed plan and strategy that demonstrates adequate ca11 pacity that is acceptable to the Secretary to carry out the 

12 proposed use of funds pursuant to a notice of funding avail13 ability: Provided further, That amounts made available 

14 under this heading in this or prior appropriations Acts, 

15 and that still remain available, may be used for any pur16 pose under this heading notwithstanding the purpose for 

17 which such amounts were appropriated if a program com18 petition is undersubscribed and there are other program 

19 competitions under this heading that are oversubscribed: 

20 Provided further, That of the total amount made available 

21 under this heading, $250,000 shall be allocated through the 

22 Office of Healthy Homes and Lead Hazard Control to con23 duct communications and outreach to potential applicants 

24 to the Lead Hazard Reduction Demonstration Grant pro25 gram. 


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1 MANAGEMENT AND ADMINISTRATION

2 WORKING CAPITAL FUND

3 For additional capital for the Working Capital Fund 

4 (42 U.S.C. 3535) for the maintenance of infrastructure for 

5 Department-wide information technology systems, for the 

6 continuing operation and maintenance of both Department7 wide and program-specific information systems, and for 

8 program-related maintenance activities, $200,000,000, to 

9 remain available until September 30, 2011: Provided, That 

10 any amounts transferred to this Fund under this Act shall 

11 remain available until expended: Provided further, That 

12 any amounts transferred to this Fund from amounts appro13 priated by previously enacted appropriations Acts or from 

14 within this Act may be used for the purposes specified under 

15 this Fund, in addition to the purposes for which such 

16 amounts were appropriated: Provided further, That up to 

17 $15,000,000 may be transferred to this account from all 

18 other accounts in this title (except for the Office of the In19 spector General account) that make funds available for sala20 ries and expenses. 

21 OFFICE OF INSPECTOR GENERAL

22 For necessary salaries and expenses of the Office of In23 spector General in carrying out the Inspector General Act 

24 of 1978, as amended, $126,000,000: Provided, That the InVerDate Nov 24 2008 02:06 Sep 19, 2009 Jkt 079200 PO 00000 Frm 00288 Fmt 6652 Sfmt 6203 E:\BILLS\H3288.PP H3288

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1 spector General shall have independent authority over all 

2 personnel issues within this office. 

3 TRANSFORMATION INITIATIVE

4 (INCLUDING TRANSFER OF FUNDS)

5 For necessary expenses for combating mortgage fraud, 

6 $20,000,000, to remain available until expended. 

7 In addition, of the amounts made available in this Act 

8 under each of the following headings under this title, the 

9 Secretary may transfer to, and merge with, this account 

10 up to 1 percent from each such account, and such trans11 ferred amounts shall be available until September 30, 2013, 

12 for (1) research, evaluation, and program metrics; (2) pro13 gram demonstrations; (3) technical assistance and capacity 

14 building; and (4) information technology: ‘‘Public Housing 

15 Capital Fund’’, ‘‘Choice Neighborhoods Initiative’’, ‘‘En16 ergy Innovation Fund’’, ‘‘Housing Opportunities for Per17 sons With AIDS’’, ‘‘Community Development Fund’’, 

18 ‘‘HOME Investment Partnerships Program’’, ‘‘Self-Help 

19 and Assisted Homeownership Opportunity Program’’, 

20 ‘‘Housing for the Elderly’’, ‘‘Housing for Persons With Dis21 abilities’’, ‘‘Housing Counseling Assistance’’, ‘‘Payment to 

22 Manufactured Housing Fees Trust Fund’’, ‘‘Mutual Mort23 gage Insurance Program Account’’, ‘‘General and Special 

24 Risk Program Account’’, ‘‘Research and Technology’’, 

25 ‘‘Lead Hazard Reduction’’, ‘‘Rental Housing Assistance’’, 


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1 and ‘‘Fair Housing Activities’’: Provided, That of the 

2 amounts made available under this paragraph, not less 

3 than $100,000,000 shall be available for information tech4 nology modernization, including development and deploy5 ment of a Next Generation of Voucher Management System 

6 and development and deployment of modernized Federal 

7 Housing Administration systems: Provided further, That 

8 not more than 25 percent of the funds made available for 

9 information technology modernization may be obligated 

10 until the Secretary submits to the Committees on Appro11 priations a plan for expenditure that (1) identifies for each 

12 modernization project (a) the functional and performance 

13 capabilities to be delivered and the mission benefits to be 

14 realized, (b) the estimated lifecycle cost, and (c) key mile15 stones to be met; (2) demonstrates that each modernization 

16 project is (a) compliant with the department’s enterprise 

17 architecture, (b) being managed in accordance with appli18 cable lifecycle management policies and guidance, (c) sub19 ject to the department’s capital planning and investment 

20 control requirements, and (d) supported by an adequately 

21 staffed project office; and (3) has been reviewed by the Gov22 ernment Accountability Office: Provided further, That of the 

23 amounts made available under this paragraph, not less 

24 than $40,000,000 shall be available for technical assistance 

25 and capacity building: Provided further, That technical asVerDate Nov 24 2008 02:06 Sep 19, 2009 Jkt 079200 PO 00000 Frm 00290 Fmt 6652 Sfmt 6203 E:\BILLS\H3288.PP H3288

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1 sistance activities shall include, technical assistance for 

2 HUD programs, including HOME, Community Develop3 ment Block Grant, homeless programs, HOPE VI, Choice 

4 Neighborhoods, Public Housing, the Housing Choice Vouch5 er Program, Fair Housing Initiative Program, Housing 

6 Counseling, Health Homes, Sustainable Communities, En7 ergy Innovation Fund and other technical assistance as de8 termined by the Secretary: Provided further, That of the 

9 amounts made available for research, evaluation and pro10 gram metrics and program demonstrations, the Secretary 

11 shall include an assessment of the housing needs of Native 

12 Americans: Provided further, That of the amounts made 

13 available for research, evaluation and program metrics and 

14 program demonstrations, the Secretary shall include plan15 ning, demonstrations, or evaluations related to pre-pur16 chase housing counseling and the Moving-to-Work dem17 onstration program: Provided further, That the Secretary 

18 shall submit a plan to the House and Senate Committees 

19 on Appropriations for approval detailing how the funding 

20 provided under this heading will be allocated to each of the 

21 four categories identified under this heading and for what 

22 projects or activities funding will be used: Provided further, 

23 That following the initial approval of this plan, the Sec24 retary may amend the plan with the approval of the House 

25 and Senate Committees on Appropriations. 


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1 GENERAL PROVISIONS—DEPARTMENT OF HOUSING AND

2 URBAN DEVELOPMENT

3 (INCLUDING RESCISSION OF FUNDS)

4 SEC. 201. Fifty percent of the amounts of budget au5 thority, or in lieu thereof 50 percent of the cash amounts 

6 associated with such budget authority, that are recaptured 

7 from projects described in section 1012(a) of the Stewart 

8 B. McKinney Homeless Assistance Amendments Act of 1988 

9 (42 U.S.C. 1437 note) shall be rescission or in the case of 

10 cash, shall be remitted to the Treasury, and such amounts 

11 of budget authority or cash recaptured and not rescission 

12 or remitted to the Treasury shall be used by State housing 

13 finance agencies or local governments or local housing agen14 cies with projects approved by the Secretary of Housing and 

15 Urban Development for which settlement occurred after 

16 January 1, 1992, in accordance with such section. Notwith17 standing the previous sentence, the Secretary may award 

18 up to 15 percent of the budget authority or cash recaptured 

19 and not rescission or remitted to the Treasury to provide 

20 project owners with incentives to refinance their project at 

21 a lower interest rate. 

22 SEC. 202. None of the amounts made available under 

23 this Act may be used during fiscal year 2010 to investigate 

24 or prosecute under the Fair Housing Act any otherwise law25 ful activity engaged in by one or more persons, including 


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1 the filing or maintaining of a non-frivolous legal action, 

2 that is engaged in solely for the purpose of achieving or 

3 preventing action by a Government official or entity, or a 

4 court of competent jurisdiction. 

5 SEC. 203. (a) Notwithstanding section 854(c)(1)(A) of 

6 the AIDS Housing Opportunity Act (42 U.S.C. 

7 12903(c)(1)(A)), from any amounts made available under 

8 this title for fiscal year 2010 that are allocated under such 

9 section, the Secretary of Housing and Urban Development 

10 shall allocate and make a grant, in the amount determined 

11 under subsection (b), for any State that— 

12 (1) received an allocation in a prior fiscal year 

13 under clause (ii) of such section; and 

14 (2) is not otherwise eligible for an allocation for 

15 fiscal year 2010 under such clause (ii) because the 

16 areas in the State outside of the metropolitan statis17 tical areas that qualify under clause (I) in fiscal year 

18 2010 do not have the number of cases of acquired im19 munodeficiency syndrome (AIDS) required under 

20 such clause. 

21 (b) The amount of the allocation and grant for any 

22 State described in subsection (a) shall be an amount based 

23 on the cumulative number of AIDS cases in the areas of 

24 that State that are outside of metropolitan statistical areas 

25 that qualify under clause (I) of such section 854(c)(1)(A) 


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1 in fiscal year 2010, in proportion to AIDS cases among 

2 cities and States that qualify under clauses (I) and (ii) of 

3 such section and States deemed eligible under subsection 

4 (a). 

5 (c) Notwithstanding any other provision of law, the 

6 amount allocated for fiscal year 2010 under section 854(c) 

7 of the AIDS Housing Opportunity Act (42 U.S.C. 

8 12903(c)), to the City of New York, New York, on behalf 

9 of the New York-Wayne-White Plains, New York-New Jersey 

10 Metropolitan Division (hereafter ‘‘metropolitan division’’) 

11 of the New York-Newark-Edison, NY-NJ-PA Metropolitan 

12 Statistical Area, shall be adjusted by the Secretary of Hous13 ing and Urban Development by: (1) allocating to the City 

14 of Jersey City, New Jersey, the proportion of the metropoli15 tan area’s or division’s amount that is based on the number 

16 of cases of AIDS reported in the portion of the metropolitan 

17 area or division that is located in Hudson County, New 

18 Jersey, and adjusting for the proportion of the metropolitan 

19 division’s high incidence bonus if this area in New Jersey 

20 also has a higher than average per capita incidence of 

21 AIDS; and (2) allocating to the City of Paterson, New Jer22 sey, the proportion of the metropolitan area’s or division’s 

23 amount that is based on the number of cases of AIDS re24 ported in the portion of the metropolitan area or division 

25 that is located in Bergen County and Passaic County, New 


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1 Jersey, and adjusting for the proportion of the metropolitan 

2 division’s high incidence bonus if this area in New Jersey 

3 also has a higher than average per capita incidence of 

4 AIDS. The recipient cities shall use amounts allocated 

5 under this subsection to carry out eligible activities under 

6 section 855 of the AIDS Housing Opportunity Act (42 

7 U.S.C. 12904) in their respective portions of the metropoli8 tan division that is located in New Jersey. 

9 (d) Notwithstanding any other provision of law, the 

10 amount allocated for fiscal year 2010 under section 854(c) 

11 of the AIDS Housing Opportunity Act (42 U.S.C. 12903(c)) 

12 to areas with a higher than average per capita incidence 

13 of AIDS, shall be adjusted by the Secretary on the basis 

14 of area incidence reported over a 3 year period. 

15 SEC. 204. Except as explicitly provided in law, any 

16 grant, cooperative agreement or other assistance made pur17 suant to title II of this Act shall be made on a competitive 

18 basis and in accordance with section 102 of the Department 

19 of Housing and Urban Development Reform Act of 1989 

20 (42 U.S.C. 3545). 

21 SEC. 205. Funds of the Department of Housing and 

22 Urban Development subject to the Government Corporation 

23 Control Act or section 402 of the Housing Act of 1950 shall 

24 be available, without regard to the limitations on adminis25 trative expenses, for legal services on a contract or fee basis, 


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1 and for utilizing and making payment for services and fa2 cilities of the Federal National Mortgage Association, Gov3 ernment National Mortgage Association, Federal Home 

4 Loan Mortgage Corporation, Federal Financing Bank, Fed5 eral Reserve banks or any member thereof, Federal Home 

6 Loan banks, and any insured bank within the meaning of 

7 the Federal Deposit Insurance Corporation Act, as amended 

8 (12 U.S.C. 1811–1). 

9 SEC. 206. Unless otherwise provided for in this Act 

10 or through a reprogramming of funds, no part of any ap11 propriation for the Department of Housing and Urban De12 velopment shall be available for any program, project or 

13 activity in excess of amounts set forth in the budget esti14 mates submitted to Congress. 

15 SEC. 207. Corporations and agencies of the Depart16 ment of Housing and Urban Development which are subject 

17 to the Government Corporation Control Act, are hereby au18 thorized to make such expenditures, within the limits of 

19 funds and borrowing authority available to each such cor20 poration or agency and in accordance with law, and to 

21 make such contracts and commitments without regard to 

22 fiscal year limitations as provided by section 104 of such 

23 Act as may be necessary in carrying out the programs set 

24 forth in the budget for 2010 for such corporation or agency 

25 except as hereinafter provided: Provided, That collections 


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1 of these corporations and agencies may be used for new loan 

2 or mortgage purchase commitments only to the extent ex3 pressly provided for in this Act (unless such loans are in 

4 support of other forms of assistance provided for in this or 

5 prior appropriations Acts), except that this proviso shall 

6 not apply to the mortgage insurance or guaranty operations 

7 of these corporations, or where loans or mortgage purchases 

8 are necessary to protect the financial interest of the United 

9 States Government. 

10 SEC. 208. The Secretary of Housing and Urban Devel11 opment shall provide quarterly reports to the House and 

12 Senate Committees on Appropriations regarding all uncom13 mitted, unobligated, recaptured and excess funds in each 

14 program and activity within the jurisdiction of the Depart15 ment and shall submit additional, updated budget informa16 tion to these Committees upon request. 

17 SEC. 209. (a) Notwithstanding any other provision of 

18 law, the amount allocated for fiscal year 2010 under section 

19 854(c) of the AIDS Housing Opportunity Act (42 U.S.C. 

20 12903(c)), to the City of Wilmington, Delaware, on behalf 

21 of the Wilmington, Delaware-Maryland-New Jersey Metro22 politan Division (hereafter ‘‘metropolitan division’’), shall 

23 be adjusted by the Secretary of Housing and Urban Devel24 opment by allocating to the State of New Jersey the propor25 tion of the metropolitan division’s amount that is based on 


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1 the number of cases of AIDS reported in the portion of the 

2 metropolitan division that is located in New Jersey, and 

3 adjusting for the proportion of the metropolitan division’s 

4 high incidence bonus if this area in New Jersey also has 

5 a higher than average per capita incidence of AIDS. The 

6 State of New Jersey shall use amounts allocated to the State 

7 under this subsection to carry out eligible activities under 

8 section 855 of the AIDS Housing Opportunity Act (42 

9 U.S.C. 12904) in the portion of the metropolitan division 

10 that is located in New Jersey. 

11 (b) Notwithstanding any other provision of law, the 

12 Secretary of Housing and Urban Development shall allocate 

13 to Wake County, North Carolina, the amounts that other14 wise would be allocated for fiscal year 2010 under section 

15 854(c) of the AIDS Housing Opportunity Act (42 U.S.C. 

16 12903(c)) to the City of Raleigh, North Carolina, on behalf 

17 of the Raleigh-Cary, North Carolina Metropolitan Statis18 tical Area. Any amounts allocated to Wake County shall 

19 be used to carry out eligible activities under section 855 

20 of such Act (42 U.S.C. 12904) within such metropolitan sta21 tistical area. 

22 (c) Notwithstanding section 854(c) of the AIDS Hous23 ing Opportunity Act (42 U.S.C. 12903(c)), the Secretary 

24 of Housing and Urban Development may adjust the alloca25 tion of the amounts that otherwise would be allocated for 


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1 fiscal year 2010 under section 854(c) of such Act, upon the 

2 written request of an applicant, in conjunction with the 

3 State(s), for a formula allocation on behalf of a metropoli4 tan statistical area, to designate the State or States in 

5 which the metropolitan statistical area is located as the eli6 gible grantee(s) of the allocation. In the case that a metro7 politan statistical area involves more than one State, such 

8 amounts allocated to each State shall be in proportion to 

9 the number of cases of AIDS reported in the portion of the 

10 metropolitan statistical area located in that State. Any 

11 amounts allocated to a State under this section shall be used 

12 to carry out eligible activities within the portion of the met13 ropolitan statistical area located in that State. 

14 SEC. 210. The President’s formal budget request for fis15 cal year 2011, as well as the Department of Housing and 

16 Urban Development’s congressional budget justifications to 

17 be submitted to the Committees on Appropriations of the 

18 House of Representatives and the Senate, shall use the iden19 tical account and sub-account structure provided under this 

20 Act. 

21 SEC. 211. A public housing agency or such other entity 

22 that administers Federal housing assistance for the Housing 

23 Authority of the county of Los Angeles, California, the 

24 States of Alaska, Iowa, and Mississippi shall not be re25 quired to include a resident of public housing or a recipient 


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1 of assistance provided under section 8 of the United States 

2 Housing Act of 1937 on the board of directors or a similar 

3 governing board of such agency or entity as required under 

4 section (2)(b) of such Act. Each public housing agency or 

5 other entity that administers Federal housing assistance 

6 under section 8 for the Housing Authority of the county 

7 of Los Angeles, California and the States of Alaska, Iowa 

8 and Mississippi that chooses not to include a resident of 

9 Public Housing or a recipient of section 8 assistance on 

10 the board of directors or a similar governing board shall 

11 establish an advisory board of not less than six residents 

12 of public housing or recipients of section 8 assistance to 

13 provide advice and comment to the public housing agency 

14 or other administering entity on issues related to public 

15 housing and section 8. Such advisory board shall meet not 

16 less than quarterly. 

17 SEC. 212. (a) Notwithstanding any other provision of 

18 law, subject to the conditions listed in subsection (b), for 

19 fiscal years 2009 and 2010, the Secretary of Housing and 

20 Urban Development may authorize the transfer of some or 

21 all project-based assistance, debt and statutorily required 

22 low-income and very low-income use restrictions, associated 

23 with one or more multifamily housing project to another 

24 multifamily housing project or projects. 


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1 (b) The transfer authorized in subsection (a) is subject 

2 to the following conditions: 

3 (1) The number of low-income and very low-in4 come units and the net dollar amount of Federal as5 sistance provided by the transferring project shall re6 main the same in the receiving project or projects. 

7 (2) The transferring project shall, as determined 

8 by the Secretary, be either physically obsolete or eco9 nomically non-viable. 

10 (3) The receiving project or projects shall meet or 

11 exceed applicable physical standards established by 

12 the Secretary. 

13 (4) The owner or mortgagor of the transferring 

14 project shall notify and consult with the tenants re15 siding in the transferring project and provide a cer16 tification of approval by all appropriate local govern17 mental officials. 

18 (5) The tenants of the transferring project who 

19 remain eligible for assistance to be provided by the re20 ceiving project or projects shall not be required to va21 cate their units in the transferring project or projects 

22 until new units in the receiving project are available 

23 for occupancy. 

24 (6) The Secretary determines that this transfer is 

25 in the best interest of the tenants. 


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1 (7) If either the transferring project or the re2 ceiving project or projects meets the condition speci3 fied in subsection (c)(2)(A), any lien on the receiving 

4 project resulting from additional financing obtained 

5 by the owner shall be subordinate to any FHA-in6 sured mortgage lien transferred to, or placed on, such 

7 project by the Secretary. 

8 (8) If the transferring project meets the require9 ments of subsection (c)(2)(E), the owner or mortgagor 

10 of the receiving project or projects shall execute and 

11 record either a continuation of the existing use agree12 ment or a new use agreement for the project where, 

13 in either case, any use restrictions in such agreement 

14 are of no lesser duration than the existing use restric15 tions. 

16 (9) Any financial risk to the FHA General and 

17 Special Risk Insurance Fund, as determined by the 

18 Secretary, would be reduced as a result of a transfer 

19 completed under this section. 

20 (10) The Secretary determines that Federal li21 ability with regard to this project will not be in22 creased. 

23 (c) For purposes of this section— 

24 (1) the terms ‘‘low-income’’ and ‘‘very low-in25 come’’ shall have the meanings provided by the statute 


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1 and/or regulations governing the program under 

2 which the project is insured or assisted; 

3 (2) the term ‘‘multifamily housing project’’ 

4 means housing that meets one of the following condi5 tions— 

6 (A) housing that is subject to a mortgage 

7 insured under the National Housing Act; 

8 (B) housing that has project-based assist9 ance attached to the structure including projects 

10 undergoing mark to market debt restructuring 

11 under the Multifamily Assisted Housing Reform 

12 and Affordability Housing Act; 

13 (C) housing that is assisted under section 

14 202 of the Housing Act of 1959 as amended by 

15 section 801 of the Cranston-Gonzales National 

16 Affordable Housing Act; 

17 (D) housing that is assisted under section 

18 202 of the Housing Act of 1959, as such section 

19 existed before the enactment of the Cranston20 Gonzales National Affordable Housing Act; or 

21 (E) housing or vacant land that is subject 

22 to a use agreement; 

23 (3) the term ‘‘project-based assistance’’ means— 

24 (A) assistance provided under section 8(b) 

25 of the United States Housing Act of 1937; 


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1 (B) assistance for housing constructed or 

2 substantially rehabilitated pursuant to assistance 

3 provided under section 8(b)(2) of such Act (as 

4 such section existed immediately before October 

5 1, 1983); 

6 (C) rent supplement payments under sec7 tion 101 of the Housing and Urban Development 

8 Act of 1965; 

9 (D) interest reduction payments under sec10 tion 236 and/or additional assistance payments 

11 under section 236(f)(2) of the National Housing 

12 Act; and 

13 (E) assistance payments made under sec14 tion 202(c)(2) of the Housing Act of 1959; 

15 (4) the term ‘‘receiving project or projects’’ 

16 means the multifamily housing project or projects to 

17 which some or all of the project-based assistance, debt, 

18 and statutorily required use low-income and very 

19 low-income restrictions are to be transferred; 

20 (5) the term ‘‘transferring project’’ means the 

21 multifamily housing project which is transferring 

22 some or all of the project-based assistance, debt and 

23 the statutorily required low-income and very low-in24 come use restrictions to the receiving project or 

25 projects; and 


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1 (6) the term ‘‘Secretary’’ means the Secretary of 

2 Housing and Urban Development. 

3 SEC. 213. The funds made available for Native Alas4 kans under the heading ‘‘Native American Housing Block 

5 Grants’’ in title III of this Act shall be allocated to the same 

6 Native Alaskan housing block grant recipients that received 

7 funds in fiscal year 2005. 

8 SEC. 214. No funds provided under this title may be 

9 used for an audit of the Government National Mortgage As10 sociation that makes applicable requirements under the 

11 Federal Credit Reform Act of 1990 (2 U.S.C. 661 et seq.). 

12 SEC. 215. (a) No assistance shall be provided under 

13 section 8 of the United States Housing Act of 1937 (42 

14 U.S.C. 1437f) to any individual who— 

15 (1) is enrolled as a student at an institution of 

16 higher education (as defined under section 102 of the 

17 Higher Education Act of 1965 (20 U.S.C. 1002)); 

18 (2) is under 24 years of age; 

19 (3) is not a veteran; 

20 (4) is unmarried; 

21 (5) does not have a dependent child; 

22 (6) is not a person with disabilities, as such 

23 term is defined in section 3(b)(3)(E) of the United 

24 States Housing Act of 1937 (42 U.S.C. 


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1 1437a(b)(3)(E)) and was not receiving assistance 

2 under such section 8 as of November 30, 2005; and 

3 (7) is not otherwise individually eligible, or has 

4 parents who, individually or jointly, are not eligible, 

5 to receive assistance under section 8 of the United 

6 States Housing Act of 1937 (42 U.S.C. 1437f). 

7 (b) For purposes of determining the eligibility of a per8 son to receive assistance under section 8 of the United States 

9 Housing Act of 1937 (42 U.S.C. 1437f), any financial as10 sistance (in excess of amounts received for tuition) that an 

11 individual receives under the Higher Education Act of 1965 

12 (20 U.S.C. 1001 et seq.), from private sources, or an institu13 tion of higher education (as defined under the Higher Edu14 cation Act of 1965 (20 U.S.C. 1002)), shall be considered 

15 income to that individual, except for a person over the age 

16 of 23 with dependent children. 

17 SEC. 216. Notwithstanding the limitation in the first 

18 sentence of section 255(g) of the National Housing Act (12 

19 U.S.C. 1715z–g)), the Secretary of Housing and Urban De20 velopment may, until September 30, 2010, insure and enter 

21 into commitments to insure mortgages under section 255(g) 

22 of the National Housing Act (12 U.S.C. 1715z–20). 

23 SEC. 217. Notwithstanding any other provision of law, 

24 in fiscal year 2010, in managing and disposing of any mul25 tifamily property that is owned or has a mortgage held by 


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1 the Secretary of Housing and Urban Development, the Sec2 retary shall maintain any rental assistance payments 

3 under section 8 of the United States Housing Act of 1937 

4 and other programs that are attached to any dwelling units 

5 in the property. To the extent the Secretary determines, in 

6 consultation with the tenants and the local government, that 

7 such a multifamily property owned or held by the Secretary 

8 is not feasible for continued rental assistance payments 

9 under such section 8 or other programs, based on consider10 ation of (1) the costs of rehabilitating and operating the 

11 property and all available Federal, State, and local re12 sources, including rent adjustments under section 524 of the 

13 Multifamily Assisted Housing Reform and Affordability 

14 Act of 1997 (‘‘MAHRAA’’) and (2) environmental condi15 tions that cannot be remedied in a cost-effective fashion, the 

16 Secretary may, in consultation with the tenants of that 

17 property, contract for project-based rental assistance pay18 ments with an owner or owners of other existing housing 

19 properties, or provide other rental assistance. The Secretary 

20 shall also take appropriate steps to ensure that project-based 

21 contracts remain in effect prior to foreclosure, subject to the 

22 exercise of contractual abatement remedies to assist reloca23 tion of tenants for imminent major threats to health and 

24 safety. After disposition of any multifamily property de25 scribed under this section, the contract and allowable rent 


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1 levels on such properties shall be subject to the requirements 

2 under section 524 of MAHRAA. 

3 SEC. 218. The Secretary of Housing and Urban Devel4 opment shall report quarterly to the House of Representa5 tives and Senate Committees on Appropriations on HUD’s 

6 use of all sole source contracts, including terms of the con7 tracts, cost, and a substantive rationale for using a sole 

8 source contract. 

9 SEC. 219. Notwithstanding any other provision of law, 

10 the recipient of a grant under section 202b of the Housing 

11 Act of 1959 (12 U.S.C. 1701q) after December 26, 2000, 

12 in accordance with the unnumbered paragraph at the end 

13 of section 202(b) of such Act, may, at its option, establish 

14 a single-asset nonprofit entity to own the project and may 

15 lend the grant funds to such entity, which may be a private 

16 nonprofit organization described in section 831 of the 

17 American Homeownership and Economic Opportunity Act 

18 of 2000. 

19 SEC. 220. (a) The amounts provided under the sub20 heading ‘‘Program Account’’ under the heading ‘‘Commu21 nity Development Loan Guarantees’’ may be used to guar22 antee, or make commitments to guarantee, notes, or other 

23 obligations issued by any State on behalf of non-entitlement 

24 communities in the State in accordance with the require25 ments of section 108 of the Housing and Community DevelVerDate Nov 24 2008 02:06 Sep 19, 2009 Jkt 079200 PO 00000 Frm 00308 Fmt 6652 Sfmt 6203 E:\BILLS\H3288.PP H3288

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1 opment Act of 1974: Provided, That, any State receiving 

2 such a guarantee or commitment shall distribute all funds 

3 subject to such guarantee to the units of general local gov4 ernment in non-entitlement areas that received the commit5 ment. 

6 (b) Not later than 60 days after the date of enactment 

7 of this Act, the Secretary of Housing and Urban Develop8 ment shall promulgate regulations governing the adminis9 tration of the funds described under subsection (a). 

10 SEC. 221. Section 24 of the United States Housing Act 

11 of 1937 (42 U.S.C. 1437v) is amended— 

12 (1) in subsection (m)(1), by striking ‘‘2009’’ and 

13 inserting ‘‘2010’’; and 

14 (2) in subsection (o), by striking ‘‘September 30, 

15 2009’’ and inserting ‘‘September 30, 2010’’. 

16 SEC. 222. Public housing agencies that own and oper17 ate 400 or fewer public housing units may elect to be exempt 

18 from any asset management requirement imposed by the 

19 Secretary of Housing and Urban Development in connec20 tion with the operating fund rule: Provided, That an agency 

21 seeking a discontinuance of a reduction of subsidy under 

22 the operating fund formula shall not be exempt from asset 

23 management requirements. 

24 SEC. 223. With respect to the use of amounts provided 

25 in this Act and in future Acts for the operation, capital 


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1 improvement and management of public housing as author2 ized by sections 9(d) and 9(e) of the United States Housing 

3 Act of 1937 (42 U.S.C. 1437g(d) and (e)), the Secretary 

4 shall not impose any requirement or guideline relating to 

5 asset management that restricts or limits in any way the 

6 use of capital funds for central office costs pursuant to sec7 tion 9(g)(1) or 9(g)(2) of the United States Housing Act 

8 of 1937 (42 U.S.C. 1437g(g)(1), (2)): Provided, That a pub9 lic housing agency may not use capital funds authorized 

10 under section 9(d) for activities that are eligible under sec11 tion 9(e) for assistance with amounts from the operating 

12 fund in excess of the amounts permitted under section 

13 9(g)(1) or 9(g)(2). 

14 SEC. 224. The Secretary of Housing and Urban Devel15 opment shall report quarterly to the House of Representa16 tives and Senate Committees on Appropriations on the sta17 tus of all section 8 project-based housing, including the 

18 number of all project-based units by region as well as an 

19 analysis of all federally subsidized housing being refinanced 

20 under the Mark-to-Market program. The Secretary shall in 

21 the report identify all existing units maintained by region 

22 as section 8 project-based units and all project-based units 

23 that have opted out of section 8 or have otherwise been 

24 eliminated as section 8 project-based units. The Secretary 

25 shall identify in detail and by project all the efforts made 


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1 by the Department to preserve all section 8 project-based 

2 housing units and all the reasons for any units which opted 

3 out or otherwise were lost as section 8 project-based units. 

4 Such analysis shall include a review of the impact of the 

5 loss of any subsidized units in that housing marketplace, 

6 such as the impact of cost and the loss of available sub7 sidized, low-income housing in areas with scarce housing 

8 resources for low-income families. 

9 SEC. 225. No official or employee of the Department 

10 of Housing and Urban Development shall be designated as 

11 an allotment holder unless the Office of the Chief Financial 

12 Officer has determined that such allotment holder has im13 plemented an adequate system of funds control and has re14 ceived training in funds control procedures and directives. 

15 The Chief Financial Officer shall ensure that, not later than 

16 90 days after the date of enactment of this Act, a trained 

17 allotment holder shall be designated for each HUD sub18 account under the headings ‘‘Executive Direction’’ and 

19 heading ‘‘Administration, Operations, and Management’’ 

20 as well as each account receiving appropriations for ‘‘per21 sonnel compensation and benefits’’ within the Department 

22 of Housing and Urban Development. 

23 SEC. 226. Payment of attorney fees in program-related 

24 litigation must be paid from individual program office per25 sonnel benefits and compensation funding. The annual 


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1 budget submission for program office personnel benefit and 

2 compensation funding must include program-related litiga3 tion costs for attorney fees as a separate line item request. 

4 SEC. 227. The Secretary of the Department of Housing 

5 and Urban Development shall for Fiscal Year 2010 and 

6 subsequent fiscal years, notify the public through the Fed7 eral Register and other means, as determined appropriate, 

8 of the issuance of a notice of the availability of assistance 

9 or notice of funding availability (NOFA) for any program 

10 or discretionary fund administered by the Secretary that 

11 is to be competitively awarded. Notwithstanding any other 

12 provision of law, for Fiscal Year 2010 and subsequent fiscal 

13 years, the Secretary may make the NOFA available only 

14 on the Internet at the appropriate government website or 

15 websites or through other electronic media, as determined 

16 by the Secretary. 

17 PREPAYMENT AND REFINANCING

18 SEC. 228. (a) APPROVAL OF PREPAYMENT OF DEBT.— 

19 Upon request of the project sponsor of a project assisted with 

20 a loan under section 202 of the Housing Act of 1959 (as 

21 in effect before the enactment of the Cranston-Gonzalez Na22 tional Affordable Housing Act), for which the Secretary’s 

23 consent to prepayment is required, the Secretary shall ap24 prove the prepayment of any indebtedness to the Secretary 


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1 relating to any remaining principal and interest under the 

2 loan as part of a prepayment plan under which— 

3 (1) the project sponsor agrees to operate the 

4 project until the maturity date of the original loan 

5 under terms at least as advantageous to existing and 

6 future tenants as the terms required by the original 

7 loan agreement or any project-based rental assistance 

8 payments contract under section 8 of the United 

9 States Housing Act of 1937 (or any other project10 based rental housing assistance programs of the De11 partment of Housing and Urban Development, in12 cluding the rent supplement program under section 

13 101 of the Housing and Urban Development Act of 

14 1965 (12 U.S.C. 1701s)) or any successor project15 based rental assistance program, except as provided 

16 by subsection (a)(2)(B); and 

17 (2) the prepayment may involve refinancing of 

18 the loan if such refinancing results— 

19 (A) in a lower interest rate on the principal 

20 of the loan for the project and in reductions in 

21 debt service related to such loan; or 

22 (B) in the case of a project that is assisted 

23 with a loan under such section 202 carrying an 

24 interest rate of 6 percent or lower, a transaction 

25 under which— 


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1 (i) the project owner shall address the 

2 physical needs of the project; 

3 (ii) the prepayment plan for the trans4 action, including the refinancing, shall meet 

5 a cost benefit analysis, as established by the 

6 Secretary, that the benefit of the transaction 

7 outweighs the cost of the transaction includ8 ing any increases in rent charged to unas9 sisted tenants; 

10 (iii) the overall cost for providing rent11 al assistance under section 8 for the project 

12 (if any) is not increased, except, upon ap13 proval by the Secretary to— 

14 (I) mark-up-to-market contracts 

15 pursuant to section 524(a)(3) of the 

16 Multifamily Assisted Housing Reform 

17 and Affordability Act (42 U.S.C. 1437f 

18 note), as such section is carried out by 

19 the Secretary for properties owned by 

20 nonprofit organizations; or 

21 (II) mark-up-to-budget contracts 

22 pursuant to section 524(a)(4) of the 

23 Multifamily Assisted Housing Reform 

24 and Affordability Act (42 U.S.C. 1437f 

25 note), as such section is carried out by 


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1 the Secretary for properties owned by 

2 eligible owners (as such term is defined 

3 in section 202(k) of the Housing Act of 

4 1959 (12 U.S.C. 1701q(k)); 

5 (iv) the project owner may charge ten6 ants rent sufficient to meet debt service pay7 ments and operating cost requirements, as 

8 approved by the Secretary, if project-based 

9 rental assistance is not available or is in10 sufficient for the debt service and operating 

11 cost of the project after refinancing. Such 

12 approval by the Secretary— 

13 (I) shall be the basis for the owner 

14 to agree to terminate the project-based 

15 rental assistance contract that is insuf16 ficient for the debt service and oper17 ating cost of the project after refi18 nancing; and 

19 (II) shall be an eligibility event 

20 for the project for purposes of section 

21 8(t) of the United States Housing Act 

22 of 1937 (42 U.S.C. 1437f(t)); 

23 (v) units to be occupied by tenants as24 sisted under section 8(t) of the United 

25 States Housing Act of 1937 (42 U.S.C. 


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1 1437f(t)) shall, upon termination of the oc2 cupancy of such tenants, become eligible for 

3 project-based assistance under section 

4 8(o)(13) of the United States Housing Act 

5 of 1937 (42 U.S.C. 1437f(o)(13)) without 

6 regard to the percentage limitations pro7 vided in such section; and 

8 (vi) there shall be a use agreement of 

9 20 years from the date of the maturity date 

10 of the original 202 loan for all units, in11 cluding units to be occupied by tenants as12 sisted under section 8(t) of the United 

13 States Housing Act of 1937 (42 U.S.C. 

14 1437f(t)). 

15 USE OF SURPLUS FEDERAL PROPERTY FOR THE HOMELESS

16 SEC. 229. No property identified by the Secretary of 

17 Housing and Urban Development as surplus Federal prop18 erty for use to assist the homeless shall be made available 

19 to any homeless group unless the group is a member in good 

20 standing under any of HUD’s homeless assistance programs 

21 or is in good standing with any other program which re22 ceives funds from any other Federal or State agency or enti23 ty: Provided, That an exception may be made for an entity 

24 not involved with Federal homeless programs to use surplus 

25 Federal property for the homeless only after the Secretary 


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1 or another responsible Federal agency has fully and com2 prehensively reviewed all relevant finances of the entity, the 

3 track record of the entity in assisting the homeless, the abil4 ity of the entity to manage the property, including all costs, 

5 the ability of the entity to administer homeless programs 

6 in a manner that is effective to meet the needs of the home7 less population that is expected to use the property and any 

8 other related issues that demonstrate a commitment to as9 sist the homeless: Provided further, That the Secretary shall 

10 not require the entity to have cash in hand in order to dem11 onstrate financial ability but may rely on the entity’s prior 

12 demonstrated fundraising ability or commitments for in13 kind donations of goods and services: Provided further, That 

14 the Secretary shall make all such information and its deci15 sion regarding the award of the surplus property available 

16 to the committees of jurisdiction, including a full justifica17 tion of the appropriateness of the use of the property to as18 sist the homeless as well as the appropriateness of the group 

19 seeking to obtain the property to use such property to assist 

20 the homeless: Provided further, That, this section shall 

21 apply to properties in fiscal year 2009 and 2010 made 

22 available as surplus Federal property for use to assist the 

23 homeless. 

24 SEC. 230. The Secretary of Housing and Urban Devel25 opment shall increase, pursuant to this section, the number 


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1 of Moving-to-Work agencies authorized under section 204, 

2 title II, of the Departments of Veterans Affairs and Housing 

3 and Urban Development and Independent Agencies Appro4 priations Act, 1996 (Public Law 104–134; 110 Stat. 1321) 

5 by adding to the program three Public Housing Agencies 

6 that meet the following requirements: is a High Performing 

7 Agency under the Public Housing Assessment System 

8 (PHAS). No PHA shall be granted this designation through 

9 this section that administers in excess of 5,000 aggregate 

10 housing vouchers and public housing units. No PHA grant11 ed this designation through this section shall receive more 

12 funding under sections 8 or 9 of the United States Housing 

13 Act of 1937 than they otherwise would have received absent 

14 this designation. In addition to other reporting require15 ments, all Moving-to-Work agencies shall report financial 

16 data to the Department of Housing and Urban Develop17 ment as specified by the Secretary, so that the effect of Mov18 ing-to-Work policy changes can be measured. 

19 SEC. 231. Notwithstanding any other provision of law, 

20 in determining the market value of any multifamily real 

21 property or multifamily loan for any noncompetitive sale 

22 to a State or local government, the Secretary shall in fiscal 

23 year 2010 consider, but not be limited to, industry standard 

24 appraisal practices, including the cost of repairs needed to 

25 bring the property into such condition as to satisfy minVerDate Nov 24 2008 02:06 Sep 19, 2009 Jkt 079200 PO 00000 Frm 00318 Fmt 6652 Sfmt 6203 E:\BILLS\H3288.PP H3288

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1 imum State and local code standards and the cost of main2 taining the affordability restrictions imposed by the Sec3 retary on the multifamily real property or multifamily 

4 loan. 

5 SEC. 232. The Secretary of the Department of Housing 

6 and Urban Development is authorized to transfer up to 5 

7 percent of funds appropriated for any account under this 

8 title under the heading ‘‘Personnel Compensation and Bene9 fits’’ to any other account under this title under the heading 

10 ‘‘Personnel Compensation and Benefits’’ only after such 

11 transfer has been submitted to, and received prior written 

12 approval by, the House and Senate Committees on Appro13 priations: Provided, That, no appropriation for any such 

14 account shall be increased or decreased by more than 10 

15 percent by all such transfers. 

16 SEC. 233. The Disaster Housing Assistance Programs, 

17 administered by the Department of Housing and Urban De18 velopment, shall be considered a ‘‘program of the Depart19 ment of Housing and Urban Development’’ under section 

20 904 of the McKinney Act for the purpose of income 

21 verifications and matching. 

22 REPORT ON COST OF GOVERNMENT-OWNED RESIDENTIAL

23 HOMES

24 SEC. 234. (a) IN GENERAL.—The Secretary of Hous25 ing and Urban Development shall prepare a report, and 

26 post such report on the public website of the Department 


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1 of Housing and Urban Development (in this section referred 

2 to as the ‘‘Department’’), regarding the number of homes 

3 owned by the Department and the budget impact of acquir4 ing, maintaining, and selling such homes. 

5 (b) CONTENT.—The report required by this section 

6 shall include— 

7 (1) the number of residential homes that the De8 partment owned during the years 2004 and 2009; 

9 (2) an itemized breakdown of the total annual fi10 nancial impact, including losses and gains from sell11 ing homes and maintenance and acquisition of homes, 

12 of home ownership by the Department since 2004; 

13 (3) a detailed explanation of the reasons for the 

14 ownership by the Department of the homes; 

15 (4) a list of the 10 urban areas in which the De16 partment owns the most homes and the rate of home17 lessness in each of those areas; and 

18 (5) a list of the 10 States in which the Depart19 ment owns the most homes and the rate of homeless20 ness in each of those States. 

21 SEC. 235. None of the funds made available in this 

22 Act shall be used to restrict implementation or enforcement 

23 of the community service requirements under section 12(c) 

24 of the United States Housing Act of 1937 (42 U.S.C. 

25 1437j(c)). 


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1 SEC. 236. The first numbered paragraph under the 

2 heading ‘‘Tenant-Based Rental Assistance’’ in the Depart3 ment of Housing and Urban Development Appropriations 

4 Act, 2009 (Public Law 111–8) is amended by adding the 

5 following before the period at the end: 

6 ‘‘: Provided further, That up to $200,000,000 from the 

7 $4,000,000,000 which are available on October 1, 2009 may 

8 be available to adjust allocations for public housing agencies 

9 to prevent termination of assistance to families’’. 

10 SEC. 237. The matter under the heading ‘‘COMMUNITY

11 DEVELOPMENT FUND’’, under the heading ‘‘COMMUNITY

12 PLANNING AND DEVELOPMENT’’, under the heading ‘‘DE13 PARTMENT OF HOUSING AND URBAN DEVELOP14 MENT’’ in chapter 10 of title I of division B of the Consoli15 dated Security, Disaster Assistance, and Continuing Ap16 propriations Act, 2009 (Public Law 110–329; 122 Stat. 

17 3601) is amended by striking ‘‘: Provided further, That 

18 none of the funds provided under this heading may be used 

19 by a State or locality as a matching requirement, share, 

20 or contribution for any other Federal program’’. 

21 This title may be cited as the ‘‘Department of Housing 

22 and Urban Development Appropriations Act, 2010’’. 


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1 TITLE III 

2 RELATED AGENCIES 

3 ACCESS BOARD

4 For expenses necessary for the Access Board, as author5 ized by section 502 of the Rehabilitation Act of 1973, as 

6 amended, $7,400,000: Provided, That, notwithstanding any 

7 other provision of law, there may be credited to this appro8 priation funds received for publications and training ex9 penses. 

10 FEDERAL MARITIME COMMISSION

11 SALARIES AND EXPENSES

12 For necessary expenses of the Federal Maritime Com13 mission as authorized by section 201(d) of the Merchant 

14 Marine Act, 1936, as amended (46 U.S.C. App. 1111), in15 cluding services as authorized by 5 U.S.C. 3109; hire of pas16 senger motor vehicles as authorized by 31 U.S.C. 1343(b); 

17 and uniforms or allowances therefore, as authorized by 5 

18 U.S.C. 5901–5902, $24,558,000: Provided, That not to ex19 ceed $2,000 shall be available for official reception and rep20 resentation expenses. 

21 NATIONAL RAILROAD PASSENGER CORPORATION

22 OFFICE OF INSPECTOR GENERAL

23 SALARIES AND EXPENSES

24 For necessary expenses of the Office of Inspector Gen25 eral for the National Railroad Passenger Corporation to 


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1 carry out the provisions of the Inspector General Act of 

2 1978, as amended, $19,000,000: Provided, That the Inspec3 tor General shall have all necessary authority, in carrying 

4 out the duties specified in the Inspector General Act, as 

5 amended (5 U.S.C. App. 3), to investigate allegations of 

6 fraud, including false statements to the government (18 

7 U.S.C. 1001), by any person or entity that is subject to 

8 regulation by the National Railroad Passenger Corpora9 tion: Provided further, That the Inspector General may 

10 enter into contracts and other arrangements for audits, 

11 studies, analyses, and other services with public agencies 

12 and with private persons, subject to the applicable laws and 

13 regulations that govern the obtaining of such services within 

14 the National Railroad Passenger Corporation: Provided 

15 further, That the Inspector General may select, appoint, 

16 and employ such officers and employees as may be nec17 essary for carrying out the functions, powers, and duties 

18 of the Office of Inspector General, subject to the applicable 

19 laws and regulations that govern such selections, appoint20 ments, and employment within Amtrak: Provided further, 

21 That concurrent with the President’s budget request for fis22 cal year 2011, the Inspector General shall submit to the 

23 House and Senate Committees on Appropriations a budget 

24 request for fiscal year 2011 in similar format and substance 


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1 to those submitted by executive agencies of the Federal Gov2 ernment. 

3 NATIONAL TRANSPORTATION SAFETY BOARD

4 SALARIES AND EXPENSES

5 For necessary expenses of the National Transportation 

6 Safety Board, including hire of passenger motor vehicles 

7 and aircraft; services as authorized by 5 U.S.C. 3109, but 

8 at rates for individuals not to exceed the per diem rate 

9 equivalent to the rate for a GS–15; uniforms, or allowances 

10 therefor, as authorized by law (5 U.S.C. 5901–5902) 

11 $96,900,000, of which not to exceed $2,000 may be used for 

12 official reception and representation expenses: Provided, 

13 That of funds provided under this heading, $2,416,000 shall 

14 remain available through September 30, 2011: Provided 

15 further, That of the funds provided, up to $100,000 shall 

16 be provided through reimbursement to the Department of 

17 Transportation’s Office of Inspector General to audit the 

18 National Transportation Safety Board’s financial state19 ments. The amounts made available to the National Trans20 portation Safety Board in this Act include amounts nec21 essary to make lease payments due in fiscal year 2010 only, 

22 on an obligation incurred in fiscal year 2001 for a capital 

23 lease. 


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1 NEIGHBORHOOD REINVESTMENT CORPORATION

2 PAYMENT TO THE NEIGHBORHOOD REINVESTMENT

3 CORPORATION

4 For payment to the Neighborhood Reinvestment Cor5 poration for use in neighborhood reinvestment activities, as 

6 authorized by the Neighborhood Reinvestment Corporation 

7 Act (42 U.S.C. 8101–8107), $133,000,000, of which 

8 $5,000,000 shall be for a multi-family rental housing pro9 gram: Provided, That section 605(a) of the Neighborhood 

10 Reinvestment Corporation Act (42 U.S.C. 8104) is amended 

11 by adding at the end of the first sentence, prior to the pe12 riod, ‘‘, except that the board-appointed officers may be 

13 paid salary at a rate not to exceed level II of the Executive 

14 Schedule’’: Provided further, That in addition, $45,000,000 

15 shall be made available until expended for capital grants 

16 to build, rehabilitate or finance the creation of affordable 

17 housing units, including necessary administrative expenses: 

18 Provided further, That in addition, $65,000,000 shall be 

19 made available until expended to the Neighborhood Rein20 vestment Corporation for mortgage foreclosure mitigation 

21 activities, under the following terms and conditions: 

22 (1) The Neighborhood Reinvestment Corporation 

23 (‘‘NRC’’), shall make grants to counseling inter24 mediaries approved by the Department of Housing 

25 and Urban Development (HUD) (with match to be 


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1 determined by the NRC based on affordability and the 

2 economic conditions of an area; a match also may be 

3 waived by the NRC based on the aforementioned con4 ditions) to provide mortgage foreclosure mitigation 

5 assistance primarily to States and areas with high 

6 rates of defaults and foreclosures to help eliminate the 

7 default and foreclosure of mortgages of owner-occupied 

8 single-family homes that are at risk of such fore9 closure. Other than areas with high rates of defaults 

10 and foreclosures, grants may also be provided to ap11 proved counseling intermediaries based on a geo12 graphic analysis of the Nation by the NRC which de13 termines where there is a prevalence of mortgages that 

14 are risky and likely to fail, including any trends for 

15 mortgages that are likely to default and face fore16 closure. A State Housing Finance Agency may also be 

17 eligible where the State Housing Finance Agency 

18 meets all the requirements under this paragraph. A 

19 HUD-approved counseling intermediary shall meet 

20 certain mortgage foreclosure mitigation assistance 

21 counseling requirements, as determined by the NRC, 

22 and shall be approved by HUD or the NRC as meet23 ing these requirements. 

24 (2) Mortgage foreclosure mitigation assistance 

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1 occupied homes with mortgages in default or in dan2 ger of default. These mortgages shall likely be subject 

3 to a foreclosure action and homeowners will be pro4 vided such assistance that shall consist of activities 

5 that are likely to prevent foreclosures and result in 

6 the long-term affordability of the mortgage retained 

7 pursuant to such activity or another positive outcome 

8 for the homeowner. No funds made available under 

9 this paragraph may be provided directly to lenders or 

10 homeowners to discharge outstanding mortgage bal11 ances or for any other direct debt reduction payments. 

12 (3) The use of Mortgage Foreclosure Mitigation 

13 Assistance by approved counseling intermediaries and 

14 State Housing Finance Agencies shall involve a rea15 sonable analysis of the borrower’s financial situation, 

16 an evaluation of the current value of the property 

17 that is subject to the mortgage, counseling regarding 

18 the assumption of the mortgage by another non-Fed19 eral party, counseling regarding the possible purchase 

20 of the mortgage by a non-Federal third party, coun21 seling and advice of all likely restructuring and refi22 nancing strategies or the approval of a work-out 

23 strategy by all interested parties. 

24 (4) NRC may provide up to 15 percent of the 

25 total funds under this paragraph to its own charter 


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1 members with expertise in foreclosure prevention 

2 counseling, subject to a certification by the NRC that 

3 the procedures for selection do not consist of any pro4 cedures or activities that could be construed as an un5 acceptable conflict of interest or have the appearance 

6 of impropriety. 

7 (5) HUD-approved counseling entities and State 

8 Housing Finance Agencies receiving funds under this 

9 paragraph shall have demonstrated experience in suc10 cessfully working with financial institutions as well 

11 as borrowers facing default, delinquency and fore12 closure as well as documented counseling capacity, 

13 outreach capacity, past successful performance and 

14 positive outcomes with documented counseling plans 

15 (including post mortgage foreclosure mitigation coun16 seling), loan workout agreements and loan modifica17 tion agreements. NRC may use other criteria to dem18 onstrate capacity in underserved areas. 

19 (6) Of the total amount made available under 

20 this paragraph, up to $3,000,000 may be made avail21 able to build the mortgage foreclosure and default 

22 mitigation counseling capacity of counseling inter23 mediaries through NRC training courses with HUD24 approved counseling intermediaries and their part25 ners, except that private financial institutions that 


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1 participate in NRC training shall pay market rates 

2 for such training. 

3 (7) Of the total amount made available under 

4 this paragraph, up to 4 percent may be used for asso5 ciated administrative expenses for the NRC to carry 

6 out activities provided under this section. 

7 (8) Mortgage foreclosure mitigation assistance 

8 grants may include a budget for outreach and adver9 tising, and training, as determined by the NRC. 

10 (9) The NRC shall continue to report bi-annu11 ally to the House and Senate Committees on Appro12 priations as well as the Senate Banking Committee 

13 and House Financial Services Committee on its ef14 forts to mitigate mortgage default. 

15 UNITED STATES INTERAGENCY COUNCIL ON

16 HOMELESSNESS

17 OPERATING EXPENSES

18 For necessary expenses (including payment of salaries, 

19 authorized travel, hire of passenger motor vehicles, the rent20 al of conference rooms, and the employment of experts and 

21 consultants under section 3109 of title 5, United States 

22 Code) of the United States Interagency Council on Home23 lessness in carrying out the functions pursuant to title II 

24 of the McKinney-Vento Homeless Assistance Act, as amend25 ed, $2,680,000. 


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1 TITLE IV 

2 GENERAL PROVISIONS—THIS ACT 

3 SEC. 401. Such sums as may be necessary for fiscal 

4 year 2010 pay raises for programs funded in this Act shall 

5 be absorbed within the levels appropriated in this Act or 

6 previous appropriations Acts. 

7 SEC. 402. None of the funds in this Act shall be used 

8 for the planning or execution of any program to pay the 

9 expenses of, or otherwise compensate, non-Federal parties 

10 intervening in regulatory or adjudicatory proceedings fund11 ed in this Act. 

12 SEC. 403. None of the funds appropriated in this Act 

13 shall remain available for obligation beyond the current fis14 cal year, nor may any be transferred to other appropria15 tions, unless expressly so provided herein. 

16 SEC. 404. The expenditure of any appropriation under 

17 this Act for any consulting service through procurement 

18 contract pursuant to section 3109 of title 5, United States 

19 Code, shall be limited to those contracts where such expendi20 tures are a matter of public record and available for public 

21 inspection, except where otherwise provided under existing 

22 law, or under existing Executive order issued pursuant to 

23 existing law. 

24 SEC. 405. Except as otherwise provided in this Act, 

25 none of the funds provided in this Act, provided by previous 


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1 appropriations Acts to the agencies or entities funded in 

2 this Act that remain available for obligation or expenditure 

3 in fiscal year 2010, or provided from any accounts in the 

4 Treasury derived by the collection of fees and available to 

5 the agencies funded by this Act, shall be available for obliga6 tion or expenditure through a reprogramming of funds that: 

7 (1) creates a new program; (2) eliminates a program, 

8 project, or activity; (3) increases funds or personnel for any 

9 program, project, or activity for which funds have been de10 nied or restricted by the Congress; (4) proposes to use funds 

11 directed for a specific activity by either the House or Senate 

12 Committees on Appropriations for a different purpose; (5) 

13 augments existing programs, projects, or activities in excess 

14 of $5,000,000 or 10 percent, whichever is less; (6) reduces 

15 existing programs, projects, or activities by $5,000,000 or 

16 10 percent, whichever is less; or (7) creates, reorganizes, or 

17 restructures a branch, division, office, bureau, board, com18 mission, agency, administration, or department different 

19 from the budget justifications submitted to the Committees 

20 on Appropriations or the table accompanying the explana21 tory statement accompanying this Act, whichever is more 

22 detailed, unless prior approval is received from the House 

23 and Senate Committees on Appropriations: Provided, That 

24 not later than 60 days after the date of enactment of this 

25 Act, each agency funded by this Act shall submit a report 


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1 to the Committees on Appropriations of the Senate and of 

2 the House of Representatives to establish the baseline for 

3 application of reprogramming and transfer authorities for 

4 the current fiscal year: Provided further, That the report 

5 shall include: (1) a table for each appropriation with a sep6 arate column to display the President’s budget request, ad7 justments made by Congress, adjustments due to enacted re8 scissions, if appropriate, and the fiscal year enacted level; 

9 (2) a delineation in the table for each appropriation both 

10 by object class and program, project, and activity as de11 tailed in the budget appendix for the respective appropria12 tion; and (3) an identification of items of special congres13 sional interest: Provided further, That the amount appro14 priated or limited for salaries and expenses for an agency 

15 shall be reduced by $100,000 per day for each day after 

16 the required date that the report has not been submitted 

17 to the Congress. 

18 SEC. 406. Except as otherwise specifically provided by 

19 law, not to exceed 50 percent of unobligated balances re20 maining available at the end of fiscal year 2010 from ap21 propriations made available for salaries and expenses for 

22 fiscal year 2010 in this Act, shall remain available through 

23 September 30, 2011, for each such account for the purposes 

24 authorized: Provided, That a request shall be submitted to 

25 the House and Senate Committees on Appropriations for 


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1 approval prior to the expenditure of such funds: Provided 

2 further, That these requests shall be made in compliance 

3 with reprogramming guidelines under section 405 of this 

4 Act. 

5 SEC. 407. All Federal agencies and departments that 

6 are funded under this Act shall issue a report to the House 

7 and Senate Committees on Appropriations on all sole 

8 source contracts by no later than July 30, 2010. Such report 

9 shall include the contractor, the amount of the contract and 

10 the rationale for using a sole source contract. 

11 SEC. 408. (a) None of the funds made available in this 

12 Act may be obligated or expended for any employee training 

13 that— 

14 (1) does not meet identified needs for knowledge, 

15 skills, and abilities bearing directly upon the perform16 ance of official duties; 

17 (2) contains elements likely to induce high levels 

18 of emotional response or psychological stress in some 

19 participants; 

20 (3) does not require prior employee notification 

21 of the content and methods to be used in the training 

22 and written end of course evaluation; 

23 (4) contains any methods or content associated 

24 with religious or quasi-religious belief systems or 

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1 ment Opportunity Commission Notice N–915.022, 

2 dated September 2, 1988; or 

3 (5) is offensive to, or designed to change, partici4 pants’ personal values or lifestyle outside the work5 place. 

6 (b) Nothing in this section shall prohibit, restrict, or 

7 otherwise preclude an agency from conducting training 

8 bearing directly upon the performance of official duties. 

9 SEC. 409. No funds in this Act may be used to support 

10 any Federal, State, or local projects that seek to use the 

11 power of eminent domain, unless eminent domain is em12 ployed only for a public use: Provided, That for purposes 

13 of this section, public use shall not be construed to include 

14 economic development that primarily benefits private enti15 ties: Provided further, That any use of funds for mass tran16 sit, railroad, airport, seaport or highway projects as well 

17 as utility projects which benefit or serve the general public 

18 (including energy-related, communication-related, water-re19 lated and wastewater-related infrastructure), other struc20 tures designated for use by the general public or which have 

21 other common-carrier or public-utility functions that serve 

22 the general public and are subject to regulation and over23 sight by the government, and projects for the removal of an 

24 immediate threat to public health and safety or brownsfield 

25 as defined in the Small Business Liability Relief and 


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1 Brownsfield Revitalization Act (Public Law 107–118) shall 

2 be considered a public use for purposes of eminent domain. 

3 SEC. 410. None of the funds made available in this 

4 Act may be transferred to any department, agency, or in5 strumentality of the United States Government, except pur6 suant to a transfer made by, or transfer authority provided 

7 in, this Act or any other appropriations Act. 

8 SEC. 411. No part of any appropriation contained in 

9 this Act shall be available to pay the salary for any person 

10 filling a position, other than a temporary position, formerly 

11 held by an employee who has left to enter the Armed Forces 

12 of the United States and has satisfactorily completed his 

13 period of active military or naval service, and has within 

14 90 days after his release from such service or from hos15 pitalization continuing after discharge for a period of not 

16 more than 1 year, made application for restoration to his 

17 former position and has been certified by the Office of Per18 sonnel Management as still qualified to perform the duties 

19 of his former position and has not been restored thereto. 

20 SEC. 412. No funds appropriated pursuant to this Act 

21 may be expended by an entity unless the entity agrees that 

22 in expending the assistance the entity will comply with sec23 tions 2 through 4 of the Act of March 3, 1933 (41 U.S.C. 

24 10a–10c, popularly known as the ‘‘Buy American Act’’). 


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1 SEC. 413. No funds appropriated or otherwise made 

2 available under this Act shall be made available to any per3 son or entity that has been convicted of violating the Buy 

4 American Act (41 U.S.C. 10a–10c). 

5 SEC. 414. All departments, agencies or other Federal 

6 entities funded under this Act shall notify the Senate and 

7 House of Representatives Committees on Appropriations no 

8 later than 7 days before any public or internet announce9 ment by the Department or Administration regarding any 

10 new program or activity, including any changes to existing 

11 or proposed programs or activities. 

12 SEC. 415. None of the funds made available under this 

13 Act may be distributed to the Association of Community 

14 Organizations for Reform Now (ACORN) or its subsidi15 aries. 

16 SEC. 416. (a) Notwithstanding any other provision of 

17 this Act and except as provided in subsection (b), any re18 port required to be submitted by a Federal agency or de19 partment to the Committee on Appropriations of either the 

20 Senate or the House of Representatives in this Act shall 

21 be posted on the public website of that agency upon receipt 

22 by the committee. 

23 (b) Subsection (a) shall not apply to a report if— 

24 (1) the public posting of the report compromises 

25 national security; or 


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1 (2) the report contains proprietary information. 

2 This Act may be cited as the ‘‘Transportation, Hous3 ing and Urban Development, and Related Agencies Appro4 priations Act, 2010’’. 

Passed the House of Representatives July 23, 2009. 

Attest: LORRAINE C. MILLER, 

Clerk. 

Passed the Senate September 17, 2009 

Attest: NANCY ERICKSON, 

Secretary. 


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