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[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3288 Enrolled Bill (ENR)]

        H.R.3288

                      One Hundred Eleventh Congress

                                 of the

                        United States of America

                          AT THE FIRST SESSION

          Begun and held at the City of Washington on Tuesday,
             the sixth day of January, two thousand and nine

                                 An Act

 
    Making appropriations for the Departments of Transportation, and 
Housing and Urban Development, and related agencies for the fiscal year 
           ending September 30, 2010, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
    This Act may be cited as the ``Consolidated Appropriations Act, 
2010''.
SEC. 2. TABLE OF CONTENTS.
    The table of contents of this Act is as follows:

    Sec. 1. Short title.
    Sec. 2. Table of contents.
    Sec. 3. References.
    Sec. 4. Statement of appropriations.

 DIVISION A--TRANSPORTATION, HOUSING AND URBAN DEVELOPMENT, AND RELATED 
                    AGENCIES APPROPRIATIONS ACT, 2010

    Title I--Department of Transportation
    Title II--Department of Housing and Urban Development
    Title III--Related agencies
    Title IV--General provisions--This Act

      DIVISION B--COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES 
                        APPROPRIATIONS ACT, 2010

    Title I--Department of Commerce
    Title II--Department of Justice
    Title III--Science
    Title IV--Related agencies
    Title V--General provisions

  DIVISION C--FINANCIAL SERVICES AND GENERAL GOVERNMENT APPROPRIATIONS 
                                ACT, 2010

    Title I--Department of the Treasury
    Title II--Executive Office of the President and funds appropriated 
              to the President
    Title III--The judiciary
    Title IV--District of Columbia
    Title V--Independent agencies
    Title VI--General provisions--This Act
    Title VII--General provisions--Government-wide
    Title VIII--General provisions--District of Columbia

    DIVISION D--DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES, AND 
        EDUCATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2010

    Title I--Department of Labor
    Title II--Department of Health and Human Services
    Title III--Department of Education
    Title IV--Related agencies
    Title V--General provisions

   DIVISION E--MILITARY CONSTRUCTION AND VETERANS AFFAIRS AND RELATED 
                    AGENCIES APPROPRIATIONS ACT, 2010

    Title I--Department of Defense
    Title II--Department of Veterans Affairs
    Title III--Related agencies
    Title IV--Overseas contingency operations
    Title V--General provisions

    DIVISION F--DEPARTMENT OF STATE, FOREIGN OPERATIONS, AND RELATED 
                    PROGRAMS APPROPRIATIONS ACT, 2010

    Title I--Department of State and related agency
    Title II--United States Agency for International Development
    Title III--Bilateral economic assistance
    Title IV--International security assistance
    Title V--Multilateral assistance
    Title VI--Export and investment assistance
    Title VII--General provisions
SEC. 3. REFERENCES.
    Except as expressly provided otherwise, any reference to ``this 
Act'' contained in any division of this Act shall be treated as 
referring only to the provisions of that division.
SEC. 4. STATEMENT OF APPROPRIATIONS.
    The following sums in this Act are appropriated, out of any money 
in the Treasury not otherwise appropriated, for the fiscal year ending 
September 30, 2010.

DIVISION A--TRANSPORTATION, HOUSING AND URBAN DEVELOPMENT, AND RELATED 
                   AGENCIES APPROPRIATIONS ACT, 2010

                                TITLE I

                      DEPARTMENT OF TRANSPORTATION

                        Office of the Secretary

                         salaries and expenses

    For necessary expenses of the Office of the Secretary, 
$102,686,000, of which not to exceed $2,631,000 shall be available for 
the immediate Office of the Secretary; not to exceed $986,000 shall be 
available for the immediate Office of the Deputy Secretary; not to 
exceed $20,359,000 shall be available for the Office of the General 
Counsel; not to exceed $11,100,000 shall be available for the Office of 
the Under Secretary of Transportation for Policy; not to exceed 
$10,559,000 shall be available for the Office of the Assistant 
Secretary for Budget and Programs; not to exceed $2,504,000 shall be 
available for the Office of the Assistant Secretary for Governmental 
Affairs; not to exceed $25,520,000 shall be available for the Office of 
the Assistant Secretary for Administration; not to exceed $2,055,000 
shall be available for the Office of Public Affairs; not to exceed 
$1,658,000 shall be available for the Office of the Executive 
Secretariat; not to exceed $1,499,000 shall be available for the Office 
of Small and Disadvantaged Business Utilization; not to exceed 
$10,600,000 for the Office of Intelligence, Security, and Emergency 
Response; and not to exceed $13,215,000 shall be available for the 
Office of the Chief Information Officer: Provided, That the Secretary 
of Transportation is authorized to transfer funds appropriated for any 
office of the Office of the Secretary to any other office of the Office 
of the Secretary: Provided further, That no appropriation for any 
office shall be increased or decreased by more than 5 percent by all 
such transfers: Provided further, That notice of any change in funding 
greater than 5 percent shall be submitted for approval to the House and 
Senate Committees on Appropriations: Provided further, That not to 
exceed $60,000 shall be for allocation within the Department for 
official reception and representation expenses as the Secretary may 
determine: Provided further, That notwithstanding any other provision 
of law, excluding fees authorized in Public Law 107-71, there may be 
credited to this appropriation up to $2,500,000 in funds received in 
user fees: Provided further, That none of the funds provided in this 
Act shall be available for the position of Assistant Secretary for 
Public Affairs.

                  national infrastructure investments

    For capital investments in surface transportation infrastructure, 
$600,000,000, to remain available through September 30, 2012: Provided, 
That the Secretary of Transportation shall distribute funds provided 
under this heading as discretionary grants to be awarded to a State, 
local government, transit agency, or a collaboration among such 
entities on a competitive basis for projects that will have a 
significant impact on the Nation, a metropolitan area, or a region: 
Provided further, That projects eligible for funding provided under 
this heading shall include, but not be limited to, highway or bridge 
projects eligible under title 23, United States Code; public 
transportation projects eligible under chapter 53 of title 49, United 
States Code; passenger and freight rail transportation projects; and 
port infrastructure investments: Provided further, That in distributing 
funds provided under this heading, the Secretary shall take such 
measures so as to ensure an equitable geographic distribution of funds, 
an appropriate balance in addressing the needs of urban and rural 
areas, and the investment in a variety of transportation modes: 
Provided further, That a grant funded under this heading shall be not 
less than $10,000,000 and not greater than $200,000,000: Provided 
further, That not more than 25 percent of the funds made available 
under this heading may be awarded to projects in a single State: 
Provided further, That the Federal share of the costs for which an 
expenditure is made under this heading shall be, at the option of the 
recipient, up to 80 percent: Provided further, That the Secretary shall 
give priority to projects that require a contribution of Federal funds 
in order to complete an overall financing package: Provided further, 
That not less than $140,000,000 of the funds provided under this 
heading shall be for projects located in rural areas: Provided further, 
That for projects located in rural areas, the minimum grant size shall 
be $1,000,000 and the Secretary may increase the Federal share of costs 
above 80 percent: Provided further, That of the amount made available 
under this heading, the Secretary may use an amount not to exceed 
$150,000,000 for the purpose of paying the subsidy and administrative 
costs of projects eligible for federal credit assistance under chapter 
6 of title 23, United States Code, if the Secretary finds that such use 
of the funds would advance the purposes of this paragraph: Provided 
further, That of the amount made available under this heading, the 
Secretary may use an amount not to exceed $35,000,000 for the planning, 
preparation or design of projects eligible for funding under this 
heading: Provided further, That projects conducted using funds provided 
under this heading must comply with the requirements of subchapter IV 
of chapter 31 of title 40, United States Code: Provided further, That 
the Secretary shall publish criteria on which to base the competition 
for any grants awarded under this heading no sooner than 60 days after 
enactment of this Act, require applications for funding provided under 
this heading to be submitted no sooner than 120 days after the 
publication of such criteria, and announce all projects selected to be 
funded from funds provided under this heading no sooner than September 
15, 2010: Provided further, That the Secretary may retain up to 
$25,000,000 of the funds provided under this heading, and may transfer 
portions of those funds to the Administrators of the Federal Highway 
Administration, the Federal Transit Administration, the Federal 
Railroad Administration and the Federal Maritime Administration, to 
fund the award and oversight of grants made under this heading.

                      financial management capital

    For necessary expenses for upgrading and enhancing the Department 
of Transportation's financial systems and re-engineering business 
processes, $5,000,000, to remain available until expended.

                         office of civil rights

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

           transportation planning, research, and development

    For necessary expenses for conducting transportation planning, 
research, systems development, development activities, and making 
grants, to remain available until expended, $16,168,000.

                          working capital fund

    For necessary expenses for operating costs and capital outlays of 
the Working Capital Fund, not to exceed $147,596,000, shall be paid 
from appropriations made available to the Department of Transportation: 
Provided, That such services shall be provided on a competitive basis 
to entities within the Department of Transportation: Provided further, 
That the above limitation on operating expenses shall not apply to non-
DOT entities: Provided further, That no funds appropriated in this Act 
to an agency of the Department shall be transferred to the Working 
Capital Fund without the approval of the agency modal administrator: 
Provided further, That no assessments may be levied against any 
program, budget activity, subactivity or project funded by this Act 
unless notice of such assessments and the basis therefor are presented 
to the House and Senate Committees on Appropriations and are approved 
by such Committees.

               minority business resource center program

    For the cost of guaranteed loans, $353,000, as authorized by 49 
U.S.C. 332: Provided, That such costs, including the cost of modifying 
such loans, shall be as defined in section 502 of the Congressional 
Budget Act of 1974: Provided further, That these funds are available to 
subsidize total loan principal, any part of which is to be guaranteed, 
not to exceed $18,367,000. In addition, for administrative expenses to 
carry out the guaranteed loan program, $570,000.

                       minority business outreach

    For necessary expenses of Minority Business Resource Center 
outreach activities, $3,074,000, to remain available until September 
30, 2011: Provided, That notwithstanding 49 U.S.C. 332, these funds may 
be used for business opportunities related to any mode of 
transportation.

                        payments to air carriers

                    (airport and airway trust fund)

                     (including transfer of funds)

    In addition to funds made available from any other source to carry 
out the essential air service program under 49 U.S.C. 41731 through 
41742, $150,000,000, to be derived from the Airport and Airway Trust 
Fund, to remain available until expended: Provided, That, in 
determining between or among carriers competing to provide service to a 
community, the Secretary may consider the relative subsidy requirements 
of the carriers: Provided further, That, if the funds under this 
heading are insufficient to meet the costs of the essential air service 
program in the current fiscal year, the Secretary shall transfer such 
sums as may be necessary to carry out the essential air service program 
from any available amounts appropriated to or directly administered by 
the Office of the Secretary for such fiscal year.

  administrative provisions--office of the secretary of transportation

    Sec. 101.  None of the funds made available in this Act to the 
Department of Transportation may be obligated for the Office of the 
Secretary of Transportation to approve assessments or reimbursable 
agreements pertaining to funds appropriated to the modal 
administrations in this Act, except for activities underway on the date 
of enactment of this Act, unless such assessments or agreements have 
completed the normal reprogramming process for Congressional 
notification.
    Sec. 102.  None of the funds made available under this Act may be 
obligated or expended to establish or implement a program under which 
essential air service communities are required to assume subsidy costs 
commonly referred to as the EAS local participation program.
    Sec. 103.  The Secretary or his designee may engage in activities 
with States and State legislators to consider proposals related to the 
reduction of motorcycle fatalities.
    Sec. 104.  The Secretary of Transportation is authorized to 
transfer the unexpended balances available for the bonding assistance 
program from ``Office of the Secretary, Salaries and expenses'' to 
``Minority Business Outreach''.
    Sec. 105.  Such amounts as are required from amounts provided in 
this Act to the Office of the Secretary of Transportation for the 
Transportation Planning, Research and Development program may be used 
for the development, coordination, and analysis of data collection 
procedures and national performance measures.

                    Federal Aviation Administration

                               operations

                    (airport and airway trust fund)

                     (including transfer of funds)

    For necessary expenses of the Federal Aviation Administration, not 
otherwise provided for, including operations and research activities 
related to commercial space transportation, administrative expenses for 
research and development, establishment of air navigation facilities, 
the operation (including leasing) and maintenance of aircraft, 
subsidizing the cost of aeronautical charts and maps sold to the 
public, lease or purchase of passenger motor vehicles for replacement 
only, in addition to amounts made available by Public Law 108-176, 
$9,350,028,000, of which $4,000,000,000 shall be derived from the 
Airport and Airway Trust Fund, of which not to exceed $7,299,299,000 
shall be available for air traffic organization activities; not to 
exceed $1,234,065,000 shall be available for aviation safety 
activities; not to exceed $15,237,000 shall be available for commercial 
space transportation activities; not to exceed $113,681,000 shall be 
available for financial services activities; not to exceed $100,428,000 
shall be available for human resources program activities; not to 
exceed $341,977,000 shall be available for region and center operations 
and regional coordination activities; not to exceed $196,063,000 shall 
be available for staff offices; and not to exceed $49,278,000 shall be 
available for information services: Provided, That the Secretary 
utilize not less than $17,084,000 of the funds provided for aviation 
safety activities to pay for staff increases in the Office of Aviation 
Flight Standards and the Office of Aircraft Certification: Provided 
further, That none of the funds provided for increases to the staffs of 
the aviation flight standards and aircraft certification offices shall 
be used for other purposes: Provided further, That not to exceed 2 
percent of any budget activity, except for aviation safety budget 
activity, may be transferred to any budget activity under this heading: 
Provided further, That no transfer may increase or decrease any 
appropriation by more than 2 percent: Provided further, That any 
transfer in excess of 2 percent shall be treated as a reprogramming of 
funds under section 405 of this Act and shall not be available for 
obligation or expenditure except in compliance with the procedures set 
forth in that section: Provided further, That not later than March 31 
of each fiscal year hereafter, the Administrator of the Federal 
Aviation Administration shall transmit to Congress an annual update to 
the report submitted to Congress in December 2004 pursuant to section 
221 of Public Law 108-176: Provided further, That the amount herein 
appropriated shall be reduced by $100,000 for each day after March 31 
that such report has not been submitted to the Congress: Provided 
further, That not later than March 31 of each fiscal year hereafter, 
the Administrator shall transmit to Congress a companion report that 
describes a comprehensive strategy for staffing, hiring, and training 
flight standards and aircraft certification staff in a format similar 
to the one utilized for the controller staffing plan, including stated 
attrition estimates and numerical hiring goals by fiscal year: Provided 
further, That the amount herein appropriated shall be reduced by 
$100,000 per day for each day after March 31 that such report has not 
been submitted to Congress:  Provided further, That funds may be used 
to enter into a grant agreement with a nonprofit standard-setting 
organization to assist in the development of aviation safety standards: 
Provided further, That none of the funds in this Act shall be available 
for new applicants for the second career training program: Provided 
further, That none of the funds in this Act shall be available for the 
Federal Aviation Administration to finalize or implement any regulation 
that would promulgate new aviation user fees not specifically 
authorized by law after the date of the enactment of this Act: Provided 
further, That there may be credited to this appropriation funds 
received from States, counties, municipalities, foreign authorities, 
other public authorities, and private sources, for expenses incurred in 
the provision of agency services, including receipts for the 
maintenance and operation of air navigation facilities, and for 
issuance, renewal or modification of certificates, including airman, 
aircraft, and repair station certificates, or for tests related 
thereto, or for processing major repair or alteration forms: Provided 
further, That of the funds appropriated under this heading, not less 
than $9,500,000 shall be for the contract tower cost-sharing program: 
Provided further, That none of the funds in this Act for aeronautical 
charting and cartography are available for activities conducted by, or 
coordinated through, the Working Capital Fund: Provided further, That 
of the funds available under this heading not to exceed $500,000 shall 
be provided to the Department of Transportation's Office of Inspector 
General through reimbursement to conduct the annual audits of financial 
statements in accordance with section 3521 of title 31, United States 
Code, and not to exceed $120,000 shall be provided to that office 
through reimbursement to conduct the annual Enterprise Services Center 
Statement on Auditing Standards 70 audit.

                        facilities and equipment

                    (airport and airway trust fund)

    For necessary expenses, not otherwise provided for, for 
acquisition, establishment, technical support services, improvement by 
contract or purchase, and hire of national airspace systems and 
experimental facilities and equipment, as authorized under part A of 
subtitle VII of title 49, United States Code, including initial 
acquisition of necessary sites by lease or grant; engineering and 
service testing, including construction of test facilities and 
acquisition of necessary sites by lease or grant; construction and 
furnishing of quarters and related accommodations for officers and 
employees of the Federal Aviation Administration stationed at remote 
localities where such accommodations are not available; and the 
purchase, lease, or transfer of aircraft from funds available under 
this heading, including aircraft for aviation regulation and 
certification; to be derived from the Airport and Airway Trust Fund, 
$2,936,203,000, of which $2,466,203,000 shall remain available until 
September 30, 2012, and of which $470,000,000 shall remain available 
until September 30, 2010: Provided, That there may be credited to this 
appropriation funds received from States, counties, municipalities, 
other public authorities, and private sources, for expenses incurred in 
the establishment and modernization of air navigation facilities: 
Provided further, That upon initial submission to the Congress of the 
fiscal year 2011 President's budget, the Secretary of Transportation 
shall transmit to the Congress a comprehensive capital investment plan 
for the Federal Aviation Administration which includes funding for each 
budget line item for fiscal years 2011 through 2015, with total funding 
for each year of the plan constrained to the funding targets for those 
years as estimated and approved by the Office of Management and Budget.

                 research, engineering, and development

                    (airport and airway trust fund)

    For necessary expenses, not otherwise provided for, for research, 
engineering, and development, as authorized under part A of subtitle 
VII of title 49, United States Code, including construction of 
experimental facilities and acquisition of necessary sites by lease or 
grant, $190,500,000, to be derived from the Airport and Airway Trust 
Fund and to remain available until September 30, 2012: Provided, That 
there may be credited to this appropriation as offsetting collections, 
funds received from States, counties, municipalities, other public 
authorities, and private sources, which shall be available for expenses 
incurred for research, engineering, and development.

                       grants-in-aid for airports

                (liquidation of contract authorization)

                      (limitation on obligations)

                    (airport and airway trust fund)

                     (including transfer of funds)

    For liquidation of obligations incurred for grants-in-aid for 
airport planning and development, and noise compatibility planning and 
programs as authorized under subchapter I of chapter 471 and subchapter 
I of chapter 475 of title 49, United States Code, and under other law 
authorizing such obligations; for procurement, installation, and 
commissioning of runway incursion prevention devices and systems at 
airports of such title; for grants authorized under section 41743 of 
title 49, United States Code; and for inspection activities and 
administration of airport safety programs, including those related to 
airport operating certificates under section 44706 of title 49, United 
States Code, $3,000,000,000 to be derived from the Airport and Airway 
Trust Fund and to remain available until expended: Provided, That none 
of the funds under this heading shall be available for the planning or 
execution of programs the obligations for which are in excess of 
$3,515,000,000 in fiscal year 2010, notwithstanding section 47117(g) of 
title 49, United States Code: Provided further, That none of the funds 
under this heading shall be available for the replacement of baggage 
conveyor systems, reconfiguration of terminal baggage areas, or other 
airport improvements that are necessary to install bulk explosive 
detection systems: Provided further, That notwithstanding any other 
provision of law, of funds limited under this heading, not more than 
$93,422,000 shall be obligated for administration, not less than 
$15,000,000 shall be available for the airport cooperative research 
program, not less than $22,472,000 shall be for Airport Technology 
Research and $6,000,000, to remain available until expended, shall be 
available and transferred to ``Office of the Secretary, Salaries and 
Expenses'' to carry out the Small Community Air Service Development 
Program.

                              (rescission)

    Of the amounts authorized for the fiscal year ending September 30, 
2009, and prior years under sections 48103 and 48112 of title 49, 
United States Code, $394,000,000 are permanently rescinded.

       administrative provisions--federal aviation administration

    Sec. 110.  None of the funds in this Act may be used to compensate 
in excess of 600 technical staff-years under the federally funded 
research and development center contract between the Federal Aviation 
Administration and the Center for Advanced Aviation Systems Development 
during fiscal year 2010.
    Sec. 111.  None of the funds in this Act shall be used to pursue or 
adopt guidelines or regulations requiring airport sponsors to provide 
to the Federal Aviation Administration without cost building 
construction, maintenance, utilities and expenses, or space in airport 
sponsor-owned buildings for services relating to air traffic control, 
air navigation, or weather reporting: Provided, That the prohibition of 
funds in this section does not apply to negotiations between the agency 
and airport sponsors to achieve agreement on ``below-market'' rates for 
these items or to grant assurances that require airport sponsors to 
provide land without cost to the FAA for air traffic control 
facilities.
    Sec. 112.  The Administrator of the Federal Aviation Administration 
may reimburse amounts made available to satisfy 49 U.S.C. 41742(a)(1) 
from fees credited under 49 U.S.C. 45303: Provided, That during fiscal 
year 2010, 49 U.S.C. 41742(b) shall not apply, and any amount remaining 
in such account at the close of that fiscal year may be made available 
to satisfy section 41742(a)(1) for the subsequent fiscal year.
    Sec. 113.  Amounts collected under section 40113(e) of title 49, 
United States Code, shall be credited to the appropriation current at 
the time of collection, to be merged with and available for the same 
purposes of such appropriation.
    Sec. 114. (a) Section 44302(f)(1) of title 49, United States Code, 
is amended--
        (1) by striking ``September 30, 2009,'' and inserting 
    ``September 30, 2010,''; and
        (2) by striking ``December 31, 2009,'' and inserting ``December 
    31, 2010,''.
    (b) Section 44303(b) of such title is amended by striking 
``December 31, 2009,'' and inserting ``December 31, 2010,''.
    Sec. 115.  None of the funds appropriated or limited by this Act 
may be used to change weight restrictions or prior permission rules at 
Teterboro airport in Teterboro, New Jersey.
    Sec. 116.  None of the funds limited by this Act for grants under 
the Airport Improvement Program shall be made available to the sponsor 
of a commercial service airport if such sponsor fails to agree to a 
request from the Secretary of Transportation for cost-free space in a 
non-revenue producing, public use area of the airport terminal or other 
airport facilities for the purpose of carrying out a public service air 
passenger rights and consumer outreach campaign.
    Sec. 117.  None of the funds in this Act shall be available for 
paying premium pay under subsection 5546(a) of title 5, United States 
Code, to any Federal Aviation Administration employee unless such 
employee actually performed work during the time corresponding to such 
premium pay.
    Sec. 118.  None of the funds in this Act may be obligated or 
expended for an employee of the Federal Aviation Administration to 
purchase a store gift card or gift certificate through use of a 
Government-issued credit card.
    Sec. 119.  The Secretary shall apportion to the sponsor of an 
airport that received scheduled or unscheduled air service from a large 
certified air carrier (as defined in part 241 of title 14 Code of 
Federal Regulations, or such other regulations as may be issued by the 
Secretary under the authority of section 41709) an amount equal to the 
minimum apportionment specified in 49 U.S.C. 47114(c), if the Secretary 
determines that airport had more than 10,000 passenger boardings in the 
preceding calendar year, based on data submitted to the Secretary under 
part 241 of title 14, Code of Federal Regulations.

                     Federal Highway Administration

                 limitation on administrative expenses

                     (including transfer of funds)

    Not to exceed $413,533,000, together with advances and 
reimbursements received by the Federal Highway Administration, shall be 
paid in accordance with law from appropriations made available by this 
Act to the Federal Highway Administration for necessary expenses for 
administration and operation. In addition, not to exceed $3,524,000 
shall be paid from appropriations made available by this Act and 
transferred to the Department of Transportation's Office of Inspector 
General for costs associated with audits and investigations of projects 
and programs of the Federal Highway Administration, and not to exceed 
$285,000 shall be paid from appropriations made available by this Act 
and provided to that office through reimbursement to conduct the annual 
audits of financial statements in accordance with section 3521 of title 
31, United States Code. In addition, not to exceed $3,220,000 shall be 
paid from appropriations made available by this Act and transferred to 
the Appalachian Regional Commission in accordance with section 104 of 
title 23, United States Code.

                          federal-aid highways

                      (limitation on obligations)

                          (highway trust fund)

    None of the funds in this Act shall be available for the 
implementation or execution of programs, the obligations for which are 
in excess of $41,107,000,000 for Federal-aid highways and highway 
safety construction programs for fiscal year 2010: Provided, That 
within the $41,107,000,000 obligation limitation on Federal-aid 
highways and highway safety construction programs, not more than 
$429,800,000 shall be available for the implementation or execution of 
programs for transportation research (chapter 5 of title 23, United 
States Code; sections 111, 5505, and 5506 of title 49, United States 
Code; and title 5 of Public Law 109-59) for fiscal year 2010: Provided 
further, That this limitation on transportation research programs shall 
not apply to any authority previously made available for obligation: 
Provided further, That the Secretary may, as authorized by section 
605(b) of title 23, United States Code, collect and spend fees to cover 
the costs of services of expert firms, including counsel, in the field 
of municipal and project finance to assist in the underwriting and 
servicing of Federal credit instruments and all or a portion of the 
costs to the Federal Government of servicing such credit instruments: 
Provided further, That such fees are available until expended to pay 
for such costs: Provided further, That such amounts are in addition to 
administrative expenses that are also available for such purpose, and 
are not subject to any obligation limitation or the limitation on 
administrative expenses under section 608 of title 23, United States 
Code.

                (liquidation of contract authorization)

                          (highway trust fund)

    For carrying out the provisions of title 23, United States Code, 
that are attributable to Federal-aid highways, not otherwise provided, 
including reimbursement for sums expended pursuant to the provisions of 
23 U.S.C. 308, $41,846,000,000 or so much thereof as may be available 
in and derived from the Highway Trust Fund (other than the Mass Transit 
Account), to remain available until expended.

                   surface transportation priorities

    For the necessary expenses of certain highway and surface 
transportation projects, $292,829,000, to remain available until 
expended: Provided, That the amount provided under this heading shall 
be made available for the programs, projects, and activities identified 
under this heading in the explanatory statement accompanying this Act: 
Provided further, That funds provided under this heading, at the 
request of a State, shall be transferred by the Secretary to another 
Federal agency: Provided further, That the Federal share payable on 
account of any program, project, or activity carried out with funds 
provided under this heading shall be 100 percent: Provided further, 
That none of the funds provided under this heading shall be subject to 
any limitation on obligations for Federal-aid highways and highway 
safety construction programs set forth in this Act or any other Act.

       administrative provisions--federal highway administration

    Sec. 120. (a) For fiscal year 2010, the Secretary of Transportation 
shall--
        (1) not distribute from the obligation limitation for Federal-
    aid highways amounts authorized for administrative expenses and 
    programs by section 104(a) of title 23, United States Code; 
    programs funded from the administrative takedown authorized by 
    section 104(a)(1) of title 23, United States Code (as in effect on 
    the date before the date of enactment of the Safe, Accountable, 
    Flexible, Efficient Transportation Equity Act: A Legacy for Users); 
    the highway use tax evasion program; and the Bureau of 
    Transportation Statistics;
        (2) not distribute an amount from the obligation limitation for 
    Federal-aid highways that is equal to the unobligated balance of 
    amounts made available from the Highway Trust Fund (other than the 
    Mass Transit Account) for Federal-aid highways and highway safety 
    programs for previous fiscal years the funds for which are 
    allocated by the Secretary;
        (3) determine the ratio that--
            (A) the obligation limitation for Federal-aid highways, 
        less the aggregate of amounts not distributed under paragraphs 
        (1) and (2), bears to
            (B) the total of the sums authorized to be appropriated for 
        Federal-aid highways and highway safety construction programs 
        (other than sums authorized to be appropriated for provisions 
        of law described in paragraphs (1) through (9) of subsection 
        (b) and sums authorized to be appropriated for section 105 of 
        title 23, United States Code, equal to the amount referred to 
        in subsection (b)(10) for such fiscal year), less the aggregate 
        of the amounts not distributed under paragraphs (1) and (2) of 
        this subsection;
        (4)(A) distribute the obligation limitation for Federal-aid 
    highways, less the aggregate amounts not distributed under 
    paragraphs (1) and (2), for sections 1301, 1302, and 1934 of the 
    Safe, Accountable, Flexible, Efficient Transportation Equity Act: A 
    Legacy for Users; sections 117 (but individually for each project 
    numbered 1 through 3676 listed in the table contained in section 
    1702 of the Safe, Accountable, Flexible, Efficient Transportation 
    Equity Act: A Legacy for Users) and section 144(g) of title 23, 
    United States Code; and section 14501 of title 40, United States 
    Code, so that the amount of obligation authority available for each 
    of such sections is equal to the amount determined by multiplying 
    the ratio determined under paragraph (3) by the sums authorized to 
    be appropriated for that section for the fiscal year; and
        (B) distribute $2,000,000,000 for section 105 of title 23, 
    United States Code;
        (5) distribute the obligation limitation provided for Federal-
    aid highways, less the aggregate amounts not distributed under 
    paragraphs (1) and (2) and amounts distributed under paragraph (4), 
    for each of the programs that are allocated by the Secretary under 
    the Safe, Accountable, Flexible, Efficient Transportation Equity 
    Act: A Legacy for Users and title 23, United States Code (other 
    than to programs to which paragraphs (1) and (4) apply), by 
    multiplying the ratio determined under paragraph (3) by the amounts 
    authorized to be appropriated for each such program for such fiscal 
    year; and
        (6) distribute the obligation limitation provided for Federal-
    aid highways, less the aggregate amounts not distributed under 
    paragraphs (1) and (2) and amounts distributed under paragraphs (4) 
    and (5), for Federal-aid highways and highway safety construction 
    programs (other than the amounts apportioned for the equity bonus 
    program, but only to the extent that the amounts apportioned for 
    the equity bonus program for the fiscal year are greater than 
    $2,639,000,000, and the Appalachian development highway system 
    program) that are apportioned by the Secretary under the Safe, 
    Accountable, Flexible, Efficient Transportation Equity Act: A 
    Legacy for Users and title 23, United States Code, in the ratio 
    that--
            (A) amounts authorized to be appropriated for such programs 
        that are apportioned to each State for such fiscal year, bear 
        to
            (B) the total of the amounts authorized to be appropriated 
        for such programs that are apportioned to all States for such 
        fiscal year.
    (b) Exceptions From Obligation Limitation.--The obligation 
limitation for Federal-aid highways shall not apply to obligations: (1) 
under section 125 of title 23, United States Code; (2) under section 
147 of the Surface Transportation Assistance Act of 1978; (3) under 
section 9 of the Federal-Aid Highway Act of 1981; (4) under subsections 
(b) and (j) of section 131 of the Surface Transportation Assistance Act 
of 1982; (5) under subsections (b) and (c) of section 149 of the 
Surface Transportation and Uniform Relocation Assistance Act of 1987; 
(6) under sections 1103 through 1108 of the Intermodal Surface 
Transportation Efficiency Act of 1991; (7) under section 157 of title 
23, United States Code, as in effect on the day before the date of the 
enactment of the Transportation Equity Act for the 21st Century; (8) 
under section 105 of title 23, United States Code, as in effect for 
fiscal years 1998 through 2004, but only in an amount equal to 
$639,000,000 for each of those fiscal years; (9) for Federal-aid 
highway programs for which obligation authority was made available 
under the Transportation Equity Act for the 21st Century or subsequent 
public laws for multiple years or to remain available until used, but 
only to the extent that the obligation authority has not lapsed or been 
used; (10) under section 105 of title 23, United States Code, but only 
in an amount equal to $639,000,000 for each of fiscal years 2005 
through 2010; and (11) under section 1603 of the Safe, Accountable, 
Flexible, Efficient Transportation Equity Act: A Legacy for Users, to 
the extent that funds obligated in accordance with that section were 
not subject to a limitation on obligations at the time at which the 
funds were initially made available for obligation.
    (c) Redistribution of Unused Obligation Authority.--Notwithstanding 
subsection (a), the Secretary shall, after August 1 of such fiscal 
year, revise a distribution of the obligation limitation made available 
under subsection (a) if the amount distributed cannot be obligated 
during that fiscal year and redistribute sufficient amounts to those 
States able to obligate amounts in addition to those previously 
distributed during that fiscal year, giving priority to those States 
having large unobligated balances of funds apportioned under sections 
104 and 144 of title 23, United States Code.
    (d) Applicability of Obligation Limitations to Transportation 
Research Programs.--The obligation limitation shall apply to 
transportation research programs carried out under chapter 5 of title 
23, United States Code, and title V (research title) of the Safe, 
Accountable, Flexible, Efficient Transportation Equity Act: A Legacy 
for Users, except that obligation authority made available for such 
programs under such limitation shall remain available for a period of 3 
fiscal years and shall be in addition to the amount of any limitation 
imposed on obligations for Federal-aid highway and highway safety 
construction programs for future fiscal years.
    (e) Redistribution of Certain Authorized Funds.--
        (1) In general.--Not later than 30 days after the date of the 
    distribution of obligation limitation under subsection (a), the 
    Secretary shall distribute to the States any funds that--
            (A) are authorized to be appropriated for such fiscal year 
        for Federal-aid highways programs; and
            (B) the Secretary determines will not be allocated to the 
        States, and will not be available for obligation, in such 
        fiscal year due to the imposition of any obligation limitation 
        for such fiscal year.
        (2) Ratio.--Funds shall be distributed under paragraph (1) in 
    the same ratio as the distribution of obligation authority under 
    subsection (a)(6).
        (3) Availability.--Funds distributed under paragraph (1) shall 
    be available for any purposes described in section 133(b) of title 
    23, United States Code.
    (f) Special Limitation Characteristics.--Obligation limitation 
distributed for a fiscal year under subsection (a)(4) for the provision 
specified in subsection (a)(4) shall--
        (1) remain available until used for obligation of funds for 
    that provision; and
        (2) be in addition to the amount of any limitation imposed on 
    obligations for Federal-aid highway and highway safety construction 
    programs for future fiscal years.
    (g) High Priority Project Flexibility.--
        (1) In general.--Subject to paragraph (2), obligation authority 
    distributed for such fiscal year under subsection (a)(4) for each 
    project numbered 1 through 3676 listed in the table contained in 
    section 1702 of the Safe, Accountable, Flexible, Efficient 
    Transportation Equity Act: A Legacy for Users may be obligated for 
    any other project in such section in the same State.
        (2) Restoration.--Obligation authority used as described in 
    paragraph (1) shall be restored to the original purpose on the date 
    on which obligation authority is distributed under this section for 
    the next fiscal year following obligation under paragraph (1).
    (h) Limitation on Statutory Construction.--Nothing in this section 
shall be construed to limit the distribution of obligation authority 
under subsection (a)(4)(A) for each of the individual projects numbered 
greater than 3676 listed in the table contained in section 1702 of the 
Safe, Accountable, Flexible, Efficient Transportation Equity Act: A 
Legacy for Users.
    Sec. 121.  Notwithstanding 31 U.S.C. 3302, funds received by the 
Bureau of Transportation Statistics from the sale of data products, for 
necessary expenses incurred pursuant to 49 U.S.C. 111 may be credited 
to the Federal-aid highways account for the purpose of reimbursing the 
Bureau for such expenses: Provided, That such funds shall be subject to 
the obligation limitation for Federal-aid highways and highway safety 
construction.
    Sec. 122.  There is hereby appropriated to the Secretary of 
Transportation $650,000,000, to remain available through September 30, 
2012: Provided, That the funds provided under this section shall be 
apportioned to the States in the same ratio as the obligation 
limitation for fiscal year 2010 is distributed among the States in 
section 120(a)(6) of this Act, and made available for the restoration, 
repair, construction, and other activities eligible under paragraph (b) 
of section 133 of title 23, United States Code: Provided further, That 
funds apportioned under this section shall be administered as if 
apportioned under chapter 1 of title 23, United States Code: Provided 
further, That the Federal share payable on account of any project or 
activity carried out with funds apportioned under this section shall be 
80 percent: Provided further, That funding provided under this section 
shall be in addition to any and all funds provided for fiscal year 2010 
in this or any other Act for ``Federal-aid Highways'' and shall not 
affect the distribution of funds provided for ``Federal-aid Highways'' 
in any other Act: Provided further, That the amounts made available 
under this section shall not be subject to any limitation on 
obligations for Federal-aid highways or highway safety construction 
programs set forth in any Act: Provided further, That section 1101(b) 
of Public Law 109-59 shall apply to funds apportioned under this 
section.
    Sec. 123.  Not less than 15 days prior to waiving, under his 
statutory authority, any Buy America requirement for Federal-aid 
highway projects, the Secretary of Transportation shall make an 
informal public notice and comment opportunity on the intent to issue 
such waiver and the reasons therefor: Provided, That the Secretary 
shall provide an annual report to the Appropriations Committees of the 
Congress on any waivers granted under the Buy America requirements.
    Sec. 124. (a) In General.--Except as provided in subsection (b), 
none of the funds made available, limited, or otherwise affected by 
this Act shall be used to approve or otherwise authorize the imposition 
of any toll on any segment of highway located on the Federal-aid system 
in the State of Texas that--
        (1) as of the date of enactment of this Act, is not tolled;
        (2) is constructed with Federal assistance provided under title 
    23, United States Code; and
        (3) is in actual operation as of the date of enactment of this 
    Act.
    (b) Exceptions.--
        (1) Number of toll lanes.--Subsection (a) shall not apply to 
    any segment of highway on the Federal-aid system described in that 
    subsection that, as of the date on which a toll is imposed on the 
    segment, will have the same number of non-toll lanes as were in 
    existence prior to that date.
        (2) High-occupancy vehicle lanes.--A high-occupancy vehicle 
    lane that is converted to a toll lane shall not be subject to this 
    section, and shall not be considered to be a non-toll lane for 
    purposes of determining whether a highway will have fewer non-toll 
    lanes than prior to the date of imposition of the toll, if--
            (A) high-occupancy vehicles occupied by the number of 
        passengers specified by the entity operating the toll lane may 
        use the toll lane without paying a toll, unless otherwise 
        specified by the appropriate county, town, municipal or other 
        local government entity, or public toll road or transit 
        authority; or
            (B) each high-occupancy vehicle lane that was converted to 
        a toll lane was constructed as a temporary lane to be replaced 
        by a toll lane under a plan approved by the appropriate county, 
        town, municipal or other local government entity, or public 
        toll road or transit authority.
    Sec. 125. (a) In the explanatory statement referenced in section 
129 of division K of Public Law 110-161 (121 Stat. 2388), the item 
relating to ``Route 5 Overpass and River Center, St. Mary's County, 
MD'' in the table of projects for such section 129 is deemed to be 
amended by striking ``Route 5 Overpass and River Center, St. Mary's 
County, MD'' and inserting ``Safety Improvements and Traffic Calming 
Measures along Route 5 at St. Mary's County, MD''.
    (b) In the explanatory statement referenced in section 186 of title 
I of division I of Public Law 111-8 (123 Stat. 947), the item relating 
to ``US 422 River Crossing Complex Project, King of Prussia, PA'' in 
the table of projects under the heading ``Transportation, Community, 
and System Preservation Program'' is deemed to be amended by striking 
``US 422 River Crossing Complex Project, King of Prussia, PA'' and 
inserting ``For closed loop signal control system and other 
improvements for Trooper Road in Lower Providence and West Norriton 
Townships, Montgomery County, PA''.
    (c) In the explanatory statement referenced in section 186 of title 
I of division I of Public Law 111-8 (123 Stat. 947), the item relating 
to ``Improving the West Bank River Front, IL'' in the table of projects 
under the heading ``Transportation, Community, and System Preservation 
Program'' is deemed to be amended by striking ``Improving the West Bank 
River Front, IL'' and inserting ``East Bank River Front and Bikeway 
Improvements, IL''.
    (d) In the explanatory statement referenced in section 186 of title 
I of division K of Public Law 110-161 (121 Stat. 2406), as amended by 
section 129(d) of division I of Public Law 111-8 (123 Stat. 947), the 
item relating to ``Repair of Side Streets and Relocation of Water Mains 
resulting from rerouting of traffic and reconstruction of 159th Street 
in Harvey, IL'' in the table of projects under the heading 
``Transportation, Community, and System Preservation Program'' is 
deemed to be amended by striking ``Repair of Side Streets and 
Relocation of Water Mains resulting from rerouting of traffic and 
reconstruction of 159th Street in Harvey, IL'' and inserting 
``Intersection Improvements on Crawford Avenue and 203rd Street in the 
Village of Olympia Fields, IL''.
    (e) In the explanatory statement referenced in section 129 of 
division K of Public Law 110-161 (121 Stat. 2388), the item relating to 
``Study Improvements to 109th Avenue, Winfield, IN'' in the table of 
projects for such section 129 is deemed to be amended by striking 
``Winfield, IN'' and inserting ``Town of Winfield, City of Crown Point, 
Lake County, IN''.
    (f) In the explanatory statement referenced in section 186 of title 
I of division I of Public Law 111-8 (123 Stat. 947), the item relating 
to ``Ronald Reagan Parkway (Middle and Southern segments), Boone 
County, IN'' in the table of projects under the heading 
``Transportation, Community, and System Preservation Program'' is 
deemed to be amended by striking ``Boone County'' and inserting 
``Hendricks County''.
    (g) In the explanatory statement referenced in section 186 of title 
I of division I of Public Law 111-8 (123 Stat. 947), the item relating 
to ``Onville Road Intersection and Road-Widening Project, Prince 
William County, VA'' in the table of projects under the heading 
``Federal Lands'' is deemed to be amended by striking ``Prince 
William'' and inserting ``Stafford''.
    (h) In the explanatory statement referenced in section 186 of title 
I of division I of Public Law 111-8 (123 Stat. 947), the item relating 
to ``U.S. 59/Alabama Grade Separation Project, St. Joseph, MO'' in the 
table of projects under the heading ``Interstate Maintenance 
Discretionary'' is deemed to be amended by striking ``U.S. 59/Alabama 
Grade Separation Project, St. Joseph, MO'' and inserting ``I-29 
Interchange Reconstruction in St. Joseph, MO''.
    (i) In the explanatory statement referenced in section 186 of title 
I of division I of Public Law 111-8 (123 Stat. 947), the item relating 
to ``Decking and Sidewalk Replacement on the Central Avenue Overpass, 
South Charleston, WV'' in the table of projects under the heading 
``Interstate Maintenance Discretionary'' is deemed to be amended by 
striking ``Decking and Sidewalk Replacement on the Central Avenue 
Overpass, South Charleston, WV'' and inserting ``General Interstate 
Maintenance, WV''.
    (j) In the explanatory statement referenced in section 125 of title 
I of division I of Public Law 111-8 (123 Stat. 928), the item relating 
to ``Wapsi Great Western Line Trail, Mitchell County, IA'' is deemed to 
be amended by striking ``Mitchell County'' and inserting ``Mitchell and 
Howard Counties''.
    (k) In the explanatory statement referenced in section 125 of title 
I of division I of Public Law 111-8 (123 Stat. 928), the item relating 
to ``Highway 169 Corridor Project Environmental Assessment, Preliminary 
Engineering and Planning, Humboldt, IA'' is deemed to be amended by 
striking ``Corridor Project Environmental Assessment, Preliminary 
Engineering and Planning, Humboldt, IA'' and inserting ``Construction, 
Humboldt and Webster Counties, IA''.
    (l) In the explanatory statement referenced in section 125 of title 
I of division I of Public Law 111-8 (123 Stat. 928), the item relating 
to ``Highway 53 Interchanges, WI'' is deemed to be amended by striking 
``Interchanges'' and inserting ``Intersections''.
    Sec. 126.  Item 4866A in the table contained in section 1702 of the 
Safe, Accountable, Flexible, Efficient Transportation Equity Act: A 
Legacy for Users (Public Law 109-59) is amended by striking ``Repair 
and restore'' and inserting ``Removal of and enhancements around''.
    Sec. 127.  Item 3923 in the table contained in section 1702 of the 
Safe, Accountable, Flexible, Efficient Transportation Equity Act: A 
Legacy for Users (Public Law 109-59) is amended by striking ``to 4 
lanes from I-10 to West U.S. 90''.
    Sec. 128.  Funds made available for ``Brentwood Boulevard/SR 4 
Improvements, Brentwood, CA'' under section 129 of Public Law 110-161 
shall be made available for ``John Muir Parkway Project, Brentwood, 
CA''.
    Sec. 129.  The table contained in section 1702 of the Safe, 
Accountable, Flexible, Efficient Transportation Equity Act: A Legacy 
for Users (119 Stat. 1256) is amended in item number 3138 by striking 
the project description and inserting ``Elimination of highway-railway 
crossings and rehabilitation of rail along the KO railroad to 
Osborne''.
    Sec. 130.  Funds made available for ``City of Tuscaloosa Downtown 
Revitalization Project--University Blvd and Greensboro Avenue, AL'' 
under section 125 of Public Law 111-8 shall be made available for 
``City of Tuscaloosa Downtown Revitalization Project--University 
Blvd''.
    Sec. 131.  The table contained in section 1702 of the Safe, 
Accountable, Flexible, Efficient Transportation Equity Act: A Legacy 
for Users (119 Stat. 1256) is amended by striking the project 
description for item number 4573 and inserting the following: ``Design 
and construct interchange on I-15 in Mesquite''.

              Federal Motor Carrier Safety Administration

              motor carrier safety operations and programs

                (liquidation of contract authorization)

                      (limitation on obligations)

                          (highway trust fund)

    For payment of obligations incurred in the implementation, 
execution and administration of motor carrier safety operations and 
programs pursuant to section 31104(i) of title 49, United States Code, 
and sections 4127 and 4134 of Public Law 109-59, $239,828,000, to be 
derived from the Highway Trust Fund (other than the Mass Transit 
Account), together with advances and reimbursements received by the 
Federal Motor Carrier Safety Administration, the sum of which shall 
remain available until expended: Provided, That none of the funds 
derived from the Highway Trust Fund in this Act shall be available for 
the implementation, execution or administration of programs, the 
obligations for which are in excess of $239,828,000, for ``Motor 
Carrier Safety Operations and Programs'' of which $8,543,000, to remain 
available for obligation until September 30, 2012, is for the research 
and technology program and $1,000,000 shall be available for commercial 
motor vehicle operator's grants to carry out section 4134 of Public Law 
109-59: Provided further, That notwithstanding any other provision of 
law, none of the funds under this heading for outreach and education 
shall be available for transfer: Provided further, That the Federal 
Motor Carrier Safety Administration shall transmit to Congress a report 
on March 30, 2010, and September 30, 2010, on the agency's ability to 
meet its requirement to conduct compliance reviews on high-risk 
carriers.

                      motor carrier safety grants

                (liquidation of contract authorization)

                      (limitation on obligations)

                          (highway trust fund)

                         (including rescission)

    For payment of obligations incurred in carrying out sections 31102, 
31104(a), 31106, 31107, 31109, 31309, 31313 of title 49, United States 
Code, and sections 4126 and 4128 of Public Law 109-59, $310,070,000, to 
be derived from the Highway Trust Fund (other than the Mass Transit 
Account) and to remain available until expended: Provided, That none of 
the funds in this Act shall be available for the implementation or 
execution of programs, the obligations for which are in excess of 
$310,070,000, for ``Motor Carrier Safety Grants''; of which 
$212,070,000 shall be available for the motor carrier safety assistance 
program to carry out sections 31102 and 31104(a) of title 49, United 
States Code; $25,000,000 shall be available for the commercial driver's 
license improvements program to carry out section 31313 of title 49, 
United States Code; $32,000,000 shall be available for the border 
enforcement grants program to carry out section 31107 of title 49, 
United States Code; $5,000,000 shall be available for the performance 
and registration information system management program to carry out 
sections 31106(b) and 31109 of title 49, United States Code; 
$25,000,000 shall be available for the commercial vehicle information 
systems and networks deployment program to carry out section 4126 of 
Public Law 109-59; $3,000,000 shall be available for the safety data 
improvement program to carry out section 4128 of Public Law 109-59; and 
$8,000,000 shall be available for the commercial driver's license 
information system modernization program to carry out section 31309(e) 
of title 49, United States Code: Provided further, That of the funds 
made available for the motor carrier safety assistance program, 
$29,000,000 shall be available for audits of new entrant motor 
carriers: Provided further, That $1,610,661 in unobligated balances are 
permanently rescinded.

                          motor carrier safety

                          (highway trust fund)

                              (rescission)

    Of the amounts made available under this heading in prior 
appropriations Acts, $6,415,501 in unobligated balances are permanently 
rescinded.

                 national motor carrier safety program

                          (highway trust fund)

                              (rescission)

    Of the amounts made available under this heading in prior 
appropriations Acts, $3,232,639 in unobligated balances are permanently 
rescinded.

 administrative provision--federal motor carrier safety administration

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

             National Highway Traffic Safety Administration

                        operations and research

    For expenses necessary to discharge the functions of the Secretary, 
with respect to traffic and highway safety under subtitle C of title X 
of Public Law 109-59 and chapter 301 and part C of subtitle VI of title 
49, United States Code, $140,427,000, of which $35,543,000 shall remain 
available through September 30, 2011: Provided, That none of the funds 
appropriated by this Act may be obligated or expended to plan, 
finalize, or implement any rulemaking to add to section 575.104 of 
title 49 of the Code of Federal Regulations any requirement pertaining 
to a grading standard that is different from the three grading 
standards (treadwear, traction, and temperature resistance) already in 
effect.

                        operations and research

                (liquidation of contract authorization)

                      (limitation on obligations)

                          (highway trust fund)

    For payment of obligations incurred in carrying out the provisions 
of 23 U.S.C. 403, $105,500,000 to be derived from the Highway Trust 
Fund (other than the Mass Transit Account) and to remain available 
until expended: Provided, That none of the funds in this Act shall be 
available for the planning or execution of programs the total 
obligations for which, in fiscal year 2010, are in excess of 
$105,500,000 for programs authorized under 23 U.S.C. 403: Provided 
further, That within the $105,500,000 obligation limitation for 
operations and research, $26,908,000 shall remain available until 
September 30, 2011 and shall be in addition to the amount of any 
limitation imposed on obligations for future years.

                        national driver register

                (liquidation of contract authorization)

                      (limitation on obligations)

                          (highway trust fund)

    For payment of obligations incurred in carrying out chapter 303 of 
title 49, United States Code, $4,000,000, to be derived from the 
Highway Trust Fund (other than the Mass Transit Account) and to remain 
available until expended: Provided, That none of the funds in this Act 
shall be available for the implementation or execution of programs the 
total obligations for which, in fiscal year 2010, are in excess of 
$4,000,000 for the National Driver Register authorized under such 
chapter.

                 national driver register modernization

    For an additional amount for the ``National Driver Register'' as 
authorized by chapter 303 of title 49, United States Code, $3,350,000, 
to remain available through September 30, 2011: Provided, That the 
funding made available under this heading shall be used to carry out 
the modernization of the National Driver Register.

                     highway traffic safety grants

                (liquidation of contract authorization)

                      (limitation on obligations)

                          (highway trust fund)

    For payment of obligations incurred in carrying out the provisions 
of 23 U.S.C. 402, 405, 406, 408, and 410 and sections 2001(a)(11), 
2009, 2010, and 2011 of Public Law 109-59, to remain available until 
expended, $619,500,000 to be derived from the Highway Trust Fund (other 
than the Mass Transit Account): Provided, That none of the funds in 
this Act shall be available for the planning or execution of programs 
the total obligations for which, in fiscal year 2010, are in excess of 
$619,500,000 for programs authorized under 23 U.S.C. 402, 405, 406, 
408, and 410 and sections 2001(a)(11), 2009, 2010, and 2011 of Public 
Law 109-59, of which $235,000,000 shall be for ``Highway Safety 
Programs'' under 23 U.S.C. 402; $25,000,000 shall be for ``Occupant 
Protection Incentive Grants'' under 23 U.S.C. 405; $124,500,000 shall 
be for ``Safety Belt Performance Grants'' under 23 U.S.C. 406, and such 
obligation limitation shall remain available until September 30, 2011 
in accordance with subsection (f) of such section 406 and shall be in 
addition to the amount of any limitation imposed on obligations for 
such grants for future fiscal years; $34,500,000 shall be for ``State 
Traffic Safety Information System Improvements'' under 23 U.S.C. 408; 
$139,000,000 shall be for ``Alcohol-Impaired Driving Countermeasures 
Incentive Grant Program'' under 23 U.S.C. 410; $18,500,000 shall be for 
``Administrative Expenses'' under section 2001(a)(11) of Public Law 
109-59; $29,000,000 shall be for ``High Visibility Enforcement 
Program'' under section 2009 of Public Law 109-59; $7,000,000 shall be 
for ``Motorcyclist Safety'' under section 2010 of Public Law 109-59; 
and $7,000,000 shall be for ``Child Safety and Child Booster Seat 
Safety Incentive Grants'' under section 2011 of Public Law 109-59: 
Provided further, That none of these funds shall be used for 
construction, rehabilitation, or remodeling costs, or for office 
furnishings and fixtures for State, local or private buildings or 
structures: Provided further, That not to exceed $500,000 of the funds 
made available for section 410 ``Alcohol-Impaired Driving 
Countermeasures Grants'' shall be available for technical assistance to 
the States: Provided further, That not to exceed $750,000 of the funds 
made available for the ``High Visibility Enforcement Program'' shall be 
available for the evaluation required under section 2009(f) of Public 
Law 109-59.

      administrative provisions--national highway traffic safety 
                             administration

                        (including rescissions)

    Sec. 140.  Notwithstanding any other provision of law or limitation 
on the use of funds made available under section 403 of title 23, 
United States Code, an additional $130,000 shall be made available to 
the National Highway Traffic Safety Administration, out of the amount 
limited for section 402 of title 23, United States Code, to pay for 
travel and related expenses for State management reviews and to pay for 
core competency development training and related expenses for highway 
safety staff.
    Sec. 141.  The limitations on obligations for the programs of the 
National Highway Traffic Safety Administration set in this Act shall 
not apply to obligations for which obligation authority was made 
available in previous public laws for multiple years but only to the 
extent that the obligation authority has not lapsed or been used.
    Sec. 142.  Of the amounts made available under the heading 
``Operations and Research (Liquidation of Contract Authorization) 
(Limitation on Obligations) (Highway Trust Fund)'' in prior 
appropriations Acts, $2,299,000 in unobligated balances are permanently 
rescinded.
    Sec. 143.  Of the amounts made available under the heading 
``Highway Traffic Safety Grants (Liquidation of Contract Authorization) 
(Limitation on Obligations) (Highway Trust Fund)'' in prior 
appropriations Acts, $14,004,000 in unobligated balances are 
permanently rescinded.

                    Federal Railroad Administration

                         safety and operations

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

                   railroad research and development

    For necessary expenses for railroad research and development, 
$37,613,000, to remain available until expended.

       railroad rehabilitation and improvement financing program

    The Secretary of Transportation is authorized to issue to the 
Secretary of the Treasury notes or other obligations pursuant to 
section 512 of the Railroad Revitalization and Regulatory Reform Act of 
1976 (Public Law 94-210), as amended, in such amounts and at such times 
as may be necessary to pay any amounts required pursuant to the 
guarantee of the principal amount of obligations under sections 511 
through 513 of such Act, such authority to exist as long as any such 
guaranteed obligation is outstanding: Provided, That pursuant to 
section 502 of such Act, as amended, no new direct loans or loan 
guarantee commitments shall be made using Federal funds for the credit 
risk premium during fiscal year 2010.

              rail line relocation and improvement program

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

                   railroad safety technology program

    For necessary expenses of carrying out section 20158 of title 49, 
United States Code, $50,000,000, to remain available until expended: 
Provided, That to be eligible for assistance under this heading, an 
entity need not have developed plans required under subsection 
20156(e)(2) of title 49, United States Code, and section 20157 of such 
title.

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

    To enable the Secretary of Transportation to make grants for high-
speed rail projects as authorized under section 26106 of title 49, 
United States Code, capital investment grants to support intercity 
passenger rail service as authorized under section 24406 of title 49, 
United States Code, and congestion grants as authorized under section 
24105 of title 49, United States Code, and to enter into cooperative 
agreements for these purposes as authorized, $2,500,000,000, to remain 
available until expended: Provided, That $50,000,000 of funds provided 
under this paragraph are available to the Administrator of the Federal 
Railroad Administration to fund the award and oversight by the 
Administrator of grants and cooperative agreements for intercity and 
high-speed rail: Provided further, That up to $30,000,000 of the funds 
provided under this paragraph are available to the Administrator for 
the purposes of conducting research and demonstrating technologies 
supporting the development of high-speed rail in the United States, 
including the demonstration of next-generation rolling stock fleet 
technology and the implementation of the Rail Cooperative Research 
Program authorized by section 24910 of title 49, United States Code: 
Provided further, That up to $50,000,000 of the funds provided under 
this paragraph may be used for planning activities that lead directly 
to the development of a passenger rail corridor investment plan 
consistent with the requirements established by the Administrator or a 
state rail plan consistent with chapter 227 of title 49, United States 
Code: Provided further, That the Secretary may retain a portion of the 
funds made available for planning activities under the previous proviso 
to facilitate the preparation of a service development plan and related 
environmental impact statement for high-speed corridors located in 
multiple States: Provided further, That the Secretary shall issue 
interim guidance to applicants covering application procedures and 
administer the grants provided under this heading pursuant to that 
guidance until final regulations are issued: Provided further, That not 
less than 85 percent of the funds provided under this heading shall be 
for cooperative agreements that lead to the development of entire 
segments or phases of intercity or high-speed rail corridors: Provided 
further, That the Secretary shall submit to Congress the national rail 
plan required by section 103(j) of title 49, United States Code, no 
later than September 15, 2010: Provided further, That at least 30 days 
prior to issuing a letter of intent or cooperative agreement pursuant 
to Section 24402(f) of title 49, United States Code, for a major 
corridor development program, the Secretary shall provide to the House 
and Senate Committees on Appropriations written notification consisting 
of a business and public investment case for the proposed corridor 
program which shall include: a comprehensive analysis of the monetary 
and non-monetary costs and benefits of the corridor development 
program; an assessment of ridership, passenger travel time reductions, 
congestion relief benefits, environmental benefits, economic benefits, 
and other public benefits; operating financial forecasts for the 
program; a full capital cost estimation for the entire project, 
including the amount, source and security of non-Federal funds to 
complete the project; a summary of the grants management plan and an 
evaluation of the grantee's ability to sustain the project: Provided 
further, That the Federal share payable of the costs for which a grant 
or cooperative agreements is made under this heading shall not exceed 
80 percent: Provided further, That in addition to the provisions of 
title 49, United States Code, that apply to each of the individual 
programs funded under this heading, subsections 24402(a)(2), 24402(f), 
24402(i), and 24403(a) and (c) of title 49, United States Code, shall 
also apply to the provision of funds provided under this heading: 
Provided further, That a project need not be in a State rail plan 
developed under Chapter 227 of title 49, United States Code, to be 
eligible for assistance under this heading: Provided further, That 
recipients of grants under this paragraph shall conduct all procurement 
transactions using such grant funds in a manner that provides full and 
open competition, as determined by the Secretary, in compliance with 
existing labor agreements.

    operating grants to the national railroad passenger corporation

    To enable the Secretary of Transportation to make quarterly grants 
to the National Railroad Passenger Corporation for the operation of 
intercity passenger rail, as authorized by section 101 of the Passenger 
Rail Investment and Improvement Act of 2008 (division B of Public Law 
110-432), $563,000,000, to remain available until expended: Provided, 
That the Secretary shall not make the grants for the third and fourth 
quarter of the fiscal year available to the Corporation until an 
Inspector General who is a member of the Council of the Inspectors 
General on Integrity and Efficiency determines that the Corporation and 
the Corporation's Inspector General have agreed upon a set of policies 
and procedures for interacting with each other that are consistent with 
the letter and the spirit of the Inspector General Act of 1978, as 
amended: Provided further, That 1 year after such determination is 
made, the Council of the Inspectors General on Integrity and Efficiency 
shall appoint another member to evaluate the current operational 
independence of the Amtrak Inspector General: Provided further, That 
the Corporation shall reimburse each Inspector General for all costs 
incurred in conducting the determination and the evaluation required by 
the preceding two provisos: Provided further, That the amounts 
available under this paragraph shall be available for the Secretary to 
approve funding to cover operating losses for the Corporation only 
after receiving and reviewing a grant request for each specific train 
route: Provided further, That each such grant request shall be 
accompanied by a detailed financial analysis, revenue projection, and 
capital expenditure projection justifying the Federal support to the 
Secretary's satisfaction: Provided further, That not later than 60 days 
after enactment of this Act, the Corporation shall transmit to the 
Secretary, the Inspector General of the Department of Transportation, 
and the House and Senate Committees on Appropriations a plan to achieve 
savings through operating efficiencies including, but not limited to, 
modifications to food and beverage service and first class service: 
Provided further, That the Inspector General of the Department of 
Transportation shall provide semiannual reports to the House and Senate 
Committees on Appropriations on the estimated savings accrued as a 
result of all operational reforms instituted by the Corporation and 
estimations of possible future savings: Provided further, That not 
later than 60 days after enactment of this Act, the Corporation shall 
transmit, in electronic format, to the Secretary, the Inspector General 
of Department of Transportation, the House and Senate Committees on 
Appropriations, the House Committee on Transportation and 
Infrastructure and the Senate Committee on Commerce, Science, and 
Transportation the annual budget and business plan and the 5-Year 
Financial Plan for fiscal year 2010 required under section 204 of the 
Passenger Rail Investment and Improvement Act of 2008: Provided 
further, That the budget, business plan, and the 5-Year Financial Plan 
shall also include a separate accounting of ridership, revenues, and 
capital and operating expenses for the Northeast Corridor; commuter 
service; long-distance Amtrak service; State-supported service; each 
intercity train route, including Autotrain; and commercial activities 
including contract operations: Provided further, That the budget, 
business plan and the 5-Year Financial Plan shall include a description 
of work to be funded, along with cost estimates and an estimated 
timetable for completion of the projects covered by these plans: 
Provided further, That the Corporation shall provide semiannual reports 
in electronic format regarding the pending business plan, which shall 
describe the work completed to date, any changes to the business plan, 
and the reasons for such changes, and shall identify all sole source 
contract awards which shall be accompanied by a justification as to why 
said contract was awarded on a sole-source basis, as well as progress 
against the milestones and target dates of the 2009 performance 
improvement plan: Provided further, That the Corporation's budget, 
business plan, 5-Year Financial Plan, and all subsequent supplemental 
plans shall be displayed on the Corporation's website within a 
reasonable timeframe following their submission to the appropriate 
entities: Provided further, That these plans shall be accompanied by a 
comprehensive fleet plan for all Amtrak rolling stock which shall 
address the Corporation's detailed plans and timeframes for the 
maintenance, refurbishment, replacement, and expansion of the Amtrak 
fleet: Provided further, That said fleet plan shall establish year-
specific goals and milestones and discuss potential, current, and 
preferred financing options for all such activities: Provided further, 
That none of the funds under this heading may be obligated or expended 
until the Corporation agrees to continue abiding by the provisions of 
paragraphs 1, 2, 5, 9, and 11 of the summary of conditions for the 
direct loan agreement of June 28, 2002, in the same manner as in effect 
on the date of enactment of this Act: Provided further, That concurrent 
with the President's budget request for fiscal year 2011, the 
Corporation shall submit to the House and Senate Committees on 
Appropriations a budget request for fiscal year 2011 in similar format 
and substance to those submitted by executive agencies of the Federal 
Government.

  capital and debt service grants to the national railroad passenger 
                              corporation

    To enable the Secretary of Transportation to make grants to the 
National Railroad Passenger Corporation for capital investments as 
authorized by section 101(c) of the Passenger Rail Investment and 
Improvement Act of 2008 (division B of Public Law 110-432), 
$1,001,625,000, to remain available until expended, of which not to 
exceed $264,000,000 shall be for debt service obligations as authorized 
by section 102 of such Act: Provided, That grants after an initial 
allocation of $200,000,000 shall be provided to the Corporation only on 
a reimbursable basis: Provided further, That the Secretary may retain 
up to one-half of 1 percent of the funds provided under this heading to 
fund the costs of project management oversight of capital projects 
funded by grants provided under this heading, as authorized by 
subsection 101(d) of division B of Public Law 110-432: Provided 
further, That the Secretary shall approve funding for capital 
expenditures, including advance purchase orders of materials, for the 
Corporation only after receiving and reviewing a grant request for each 
specific capital project justifying the Federal support to the 
Secretary's satisfaction: Provided further, That none of the funds 
under this heading may be used to subsidize operating losses of the 
Corporation: Provided further, That none of the funds under this 
heading may be used for capital projects not approved by the Secretary 
of Transportation or on the Corporation's fiscal year 2010 business 
plan: Provided further, That in addition to the project management 
oversight funds authorized under section 101(d) of of division B of 
Public Law 110-432, the Secretary may retain up to an additional one-
half of one percent of the funds provided under this heading to fund 
expenses associated with implementing section 212 of of division B of 
Public Law 110-432, including the amendments made by section 212 to 
section 24905 of title 49, United States Code.

       administrative provisions--federal railroad administration

    Sec. 151.  The Secretary may purchase promotional items of nominal 
value for use in public outreach activities to accomplish the purposes 
of 49 U.S.C. 20134: Provided, That the Secretary shall prescribe 
guidelines for the administration of such purchases and use.
    Sec. 152.  Hereafter, notwithstanding any other provision of law, 
funds provided in this Act for the National Railroad Passenger 
Corporation shall immediately cease to be available to said Corporation 
in the event that the Corporation contracts to have services provided 
at or from any location outside the United States. For purposes of this 
section, the word ``services'' shall mean any service that was, as of 
July 1, 2006, performed by a full-time or part-time Amtrak employee 
whose base of employment is located within the United States.
    Sec. 153.  The Secretary of Transportation may receive and expend 
cash, or receive and utilize spare parts and similar items, from non-
United States Government sources to repair damages to or replace United 
States Government owned automated track inspection cars and equipment 
as a result of third party liability for such damages, and any amounts 
collected under this section shall be credited directly to the Safety 
and Operations account of the Federal Railroad Administration, and 
shall remain available until expended for the repair, operation and 
maintenance of automated track inspection cars and equipment in 
connection with the automated track inspection program.
    Sec. 154.  The Administrator of the Federal Railroad Administration 
shall submit a report on April 1, 2010, and quarterly reports 
thereafter, to the House and Senate Committees on Appropriations 
detailing the Administrator's efforts at improving the on-time 
performance of Amtrak intercity rail service operating on non-Amtrak 
owned property. Such reports shall compare the most recent actual on-
time performance data to pre-established on-time performance goals that 
the Administrator shall set for each rail service, identified by route. 
Such reports shall also include whatever other information and data 
regarding the on-time performance of Amtrak trains the Administrator 
deems to be appropriate.
    Sec. 155.  In the Explanatory Statement referenced in division I of 
Public Law 111-8 under the heading Railroad Research and Development 
the item relating to ``San Gabriel trench grade separation project, 
Alameda Corridor, CA'' is deemed to be amended by inserting ``Alameda 
Corridor East Construction Authority Grade Separations, CA.''.
    Sec. 156.  In the Explanatory Statement referenced in division K of 
Public Law 110-161 under the heading Rail Line Relocation and 
Improvement Program the item relating to ``Mt. Vernon railroad cut, 
NY'' is deemed to be amended by inserting ``Rail Line and Station 
Improvement and Rehabilitation, Mount Vernon, NY.''.
    Sec. 157.  Notwithstanding any other provision of law, funds 
provided in Public Law 111-8 for ``Lincoln Avenue Grade Separation, 
Port of Tacoma, Washington'' shall be made available for this project 
as therein described.
    Sec. 158.  The Administrator of the Federal Railroad 
Administration, in cooperation with the Illinois Department of 
Transportation (IDOT), may provide technical and financial assistance 
to IDOT and local and county officials to study the feasibility of 10th 
Street, or other alternatives, in Springfield, Illinois, as a route for 
consolidated freight rail operations and/or combined freight and 
passenger rail operations within the city of Springfield.
    Sec. 159. (a) Amtrak Security Evaluation.--No later than 180 days 
after the enactment of this Act, Amtrak, in consultation with the 
Assistant Secretary of Homeland Security (Transportation Security 
Administration), shall submit a report to Congress that contains--
    (1) a comprehensive, system-wide, security evaluation; and
    (2) proposed guidance and procedures necessary to implement a new 
checked firearms program.
    (b) Developement and Implementation of Guidance and Procedures.--
    (1) In General.--Not later than one year after the enactment of 
this Act, Amtrak, in consultation with the Assistant Secretary, shall 
develop and implement guidance and procedures to carry out the duties 
and responsibilities of firearm storage and carriage in checked baggage 
cars and at Amtrak stations that accept checked baggage.
    (2) Scope.--The guidance and procedures developed under paragraph 
(1) shall--
        (A) permit Amtrak passengers holding a ticket for a specific 
    Amtrak route to place an unloaded firearm or starter pistol in a 
    checked bag on such route if--
            (i) the Amtrak station accepts checked baggage for such 
        route;
            (ii) the passenger declares to Amtrak, either orally or in 
        writing, at the time the reservation is made or not later than 
        24 hours before departure, that the firearm will be placed in 
        his or her bag and will be unloaded;
            (iii) the firearm is in a hard-sided container;
            (iv) such container is locked; and
            (v) only the passenger has the key or combination for such 
        container;
        (B) permit Amtrak passengers holding a ticket for a specific 
    Amtrak route to place small arms ammunition for personal use in a 
    checked bag on such route if the ammunition is securely packed--
            (i) in fiber, wood, or metal boxes; or
            (ii) in other packaging specifically designed to carry 
        small amounts of ammunition; and
        (C) include any other measures needed to ensure the safety and 
    security of Amtrak employees, passengers, and infrastructure, 
    including--
            (i) in fiber, wood, or metal boxes; or
            (ii) in other packaging specifically designed to carry 
        small amounts of ammunition; and
    (c) Definitions.--
    (1) For purposes of this section, the term ``checked baggage'' 
refers to baggage transported that is accessible only to select Amtrak 
employees.

                     Federal Transit Administration

                        administrative expenses

    For necessary administrative expenses of the Federal Transit 
Administration's programs authorized by chapter 53 of title 49, United 
States Code, $98,911,000: Provided, That of the funds available under 
this heading, not to exceed $1,809,000 shall be available for travel: 
Provided further, That none of the funds provided or limited in this 
Act may be used to create a permanent office of transit security under 
this heading: Provided further, That of the amounts made available 
under this heading not to exceed $75,000 shall be paid from 
appropriations made available by this Act and provided to the 
Department of Transportation Office of Inspector General through 
reimbursement to conduct the annual audits of financial statements in 
accordance with section 3521 of title 31, United States Code: Provided 
further, That upon submission to the Congress of the fiscal year 2011 
President's budget, the Secretary of Transportation shall transmit to 
Congress the annual report on new starts, including proposed 
allocations of funds for fiscal year 2011.

                         formula and bus grants

                  (liquidation of contract authority)

                      (limitation on obligations)

                          (highway trust fund)

    For payment of obligations incurred in carrying out the provisions 
of 49 U.S.C. 5305, 5307, 5308, 5309, 5310, 5311, 5316, 5317, 5320, 
5335, 5339, and 5340 and section 3038 of Public Law 105-178, as 
amended, $9,400,000,000 to be derived from the Mass Transit Account of 
the Highway Trust Fund and to remain available until expended: 
Provided, That funds available for the implementation or execution of 
programs authorized under 49 U.S.C. 5305, 5307, 5308, 5309, 5310, 5311, 
5316, 5317, 5320, 5335, 5339, and 5340 and section 3038 of Public Law 
105-178, as amended, shall not exceed total obligations of 
$8,343,171,000 in fiscal year 2010.

                research and university research centers

    For necessary expenses to carry out 49 U.S.C. 5306, 5312-5315, 
5322, and 5506, $65,670,000, to remain available until expended: 
Provided, That $10,000,000 is available to carry out the transit 
cooperative research program under section 5313 of title 49, United 
States Code, $4,300,000 is available for the National Transit Institute 
under section 5315 of title 49, United States Code, and $7,000,000 is 
available for university transportation centers program under section 
5506 of title 49, United States Code: Provided further, That 
$44,370,000 is available to carry out national research programs under 
sections 5312, 5313, 5314, and 5322 of title 49, United States Code: 
Provided further, That of the funds available to carry out section 5312 
of title 49, United States Code, $5,000,000 shall be available to the 
Secretary to develop standards for asset management plans, provide 
technical assistance to recipients engaged in the development or 
implementation of an asset management plan, improve data collection 
through the National Transit Database, and conduct a pilot program 
designed to identify the best practices of asset management.

                       capital investment grants

                     (including transfer of funds)

    For necessary expenses to carry out section 5309 of title 49, 
United States Code, $2,000,000,000, to remain available until expended, 
of which no less than $200,000,000 is for section 5309(e) of such 
title: Provided, That $2,000,000 shall be transferred to the Department 
of Transportation Office of Inspector General from funds set aside for 
the execution of oversight contracts pursuant to section 5327(c) of 
title 49, United States Code, for costs associated with audits and 
investigations of transit-related issues, including reviews of new 
fixed guideway systems.

       grants for energy efficiency and greenhouse gas reductions

    For grants to public transit agencies for capital investments that 
will reduce the energy consumption or greenhouse gas emissions of their 
public transportation systems, $75,000,000, to remain available through 
September 30, 2012: Provided, That priority shall be given to projects 
based on the total energy savings that are projected to result from the 
investments, and the projected energy savings as a percentage of the 
total energy usage of the public transit agency: Provided further, That 
the Secretary shall public criteria on which to base the competition 
for any grants awarded under this heading no sooner than 90 days after 
the enactment of this Act, require applications for funding provided 
under this heading to be submitted no sooner than 120 days after the 
publication of such criteria, and announce all projects selected to be 
funded from funds provided under this heading no sooner than September 
15, 2010.

      grants to the washington metropolitan area transit authority

    For grants to the Washington Metropolitan Area Transit Authority as 
authorized under section 601 of division B of Public Law 110-432, 
$150,000,000, to remain available until expended: Provided, That the 
Secretary shall approve grants for capital and preventive maintenance 
expenditures for the Washington Metropolitan Area Transit Authority 
only after receiving and reviewing a request for each specific project: 
Provided further, That prior to approving such grants, the Secretary 
shall determine that the Washington Metropolitan Area Transit Authority 
has placed the highest priority on those investments that will improve 
the safety of the system, including but not limited to fixing the track 
signal system, replacing the 1000 series cars, installing guarded 
turnouts, buying equipment for wayside worker protection, and 
installing rollback protection on cars that are not equipped with this 
safety feature.

       administrative provisions--federal transit administration

    Sec. 160.  The limitations on obligations for the programs of the 
Federal Transit Administration shall not apply to any authority under 
49 U.S.C. 5338, previously made available for obligation, or to any 
other authority previously made available for obligation.
    Sec. 161.  Notwithstanding any other provision of law, funds 
appropriated or limited by this Act under ``Federal Transit 
Administration, Capital Investment Grants'' and for bus and bus 
facilities under ``Federal Transit Administration, Formula and Bus 
Grants'' for projects specified in this Act or identified in reports 
accompanying this Act not obligated by September 30, 2012, and other 
recoveries, shall be directed to projects eligible to use the funds for 
the purposes for which they were originally provided.
    Sec. 162.  Notwithstanding any other provision of law, any funds 
appropriated before October 1, 2009, under any section of chapter 53 of 
title 49, United States Code, that remain available for expenditure, 
may be transferred to and administered under the most recent 
appropriation heading for any such section.
    Sec. 163.  Notwithstanding any other provision of law, unobligated 
funds made available for new fixed guideway system projects under the 
heading ``Federal Transit Administration, Capital investment grants'' 
in any appropriations Act prior to this Act may be used during this 
fiscal year to satisfy expenses incurred for such projects.
    Sec. 164.  During fiscal year 2010, each Federal Transit 
Administration grant for a project that involves the acquisition or 
rehabilitation of a bus to be used in public transportation shall be 
funded for 90 percent of the net capital costs of a biodiesel bus or a 
factory-installed or retrofitted hybrid electric propulsion system and 
any equipment related to such a system: Provided, That the Secretary 
shall have the discretion to determine, through practicable 
administrative procedures, the costs attributable to the system and 
related-equipment.
    Sec. 165.  Notwithstanding any other provision of law, unobligated 
funds or recoveries under section 5309 of title 49, United States Code, 
that are available to the Secretary of Transportation for reallocation 
shall be directed to projects eligible to use the funds for the 
purposes for which they were originally provided.
    Sec. 166. (a) In the explanatory statement referenced in section 
186 of title I of division K of Public Law 110-161 (121 Stat. 2406), 
the item relating to ``Broward County Southwest Transit Facility'' in 
the table of projects under the heading ``Bus and Bus Facilities'' is 
deemed to be amended by striking ``Southwest'' and inserting 
``Ravenswood''.
    (b) The explanatory statement referenced in section 186 of title I 
of division I of Public Law 111-8 for ``Alternatives analysis'' under 
``Federal Transit Administration-Formula and Bus Grants'' is deemed to 
be amended by striking ``Hudson-Bergen Light Rail Extension Route 440, 
North Bergen, NJ'' and inserting ``Hudson-Bergen Light Rail Extension 
Route 440, Jersey City, NJ''.
    (c) Funds made available for the ``Phoenix/Regional Heavy 
Maintenance Facility, AZ'', ``Dial-a-Ride facility, Phoenix, AZ'' and 
the ``Phoenix Regional Heavy Bus Maintenance Facility, Arizona'' 
through the Department of Transportation Appropriations Acts for Fiscal 
Years 2004, 2005 and 2008 that remain unobligated or unexpended shall 
be made available to the East Baseline Park-and-Ride Facility in 
Phoenix, Arizona.
    Sec. 167.  Funds made available for Alaska or Hawaii ferry boats or 
ferry terminal facilities pursuant to 49 U.S.C. 5309(m)(2)(B) may be 
used to construct new vessels and facilities, or to improve existing 
vessels and facilities, including both the passenger and vehicle-
related elements of such vessels and facilities, and for repair 
facilities: Provided, That not more than $4,000,000 of the funds made 
available pursuant to 49 U.S.C. 5309(m)(2)(B) may be used by the City 
and County of Honolulu to operate a passenger ferry boat service 
demonstration project to test the viability of different intra-island 
ferry boat routes and technologies.
    Sec. 168.  In determining the local share of the cost of the 
project authorized to be carried out under section 3043(c)(70) of the 
Safe, Accountable, Flexible, Efficient Transportation Equity Act: A 
Legacy for Users (Public Law 109-59; 119 Stat. 1644) for purposes of 
the rating process for New Starts projects, the Secretary shall 
consider any portion of the corridor advanced entirely with non-Federal 
funds.
    Sec. 169.  The Secretary of Transportation shall provide 
recommendations to Congress, including legislative proposals, on how to 
strengthen its role in regulating the safety of transit agencies 
operating heavy rail on fixed guideway: Provided, That the Secretary 
shall include actions the Department of Transportation will take and 
what additional legislative authorities it may need in order to fully 
implement recommendations of the National Transportation Safety Board 
directed at the Federal Transit Administration, including but not 
limited to recommendations related to crashworthiness, emergency access 
and egress, event recorders, and hours of service: Provided further, 
That the Secretary shall transmit to the House and Senate Committees on 
Appropriations, the House Committee on Transportation and 
Infrastructure, and the Senate Committee on Banking, Housing, and Urban 
Affairs a report outlining these recommendations and a plan for their 
implementation by the Department of Transportation no later than 45 
days after enactment of this Act.
    Sec. 170.  Notwithstanding any other provision of law, the 
Secretary of Transportation shall not reallocate any funding made 
available for items 523, 267, and 131 of section 3044 of the Safe, 
Accountable, Flexible, Efficient Transportation Equity Act: A Legacy 
for Users (Public Law 109-59).
    Sec. 171.  Notwithstanding any other provision of law, for fiscal 
year 2010, the total estimated amount of future obligations of the 
Government and contingent commitments to incur obligations covered by 
all outstanding full funding grant agreements entered into on or before 
September 30, 2009, and all outstanding letters of intent and early 
systems work agreements under subsection 5309(g) of Title 49, United 
States Code, for major new fixed guideway capital projects may be not 
more than the sum of the amount authorized under subsections 
5338(a)(3)(iv) and 5338(c) of such title for such projects and an 
amount equivalent to the last 3 fiscal years of funding allocated under 
subsections 5309(m)(1)(A) and (m)(2)(A)(ii) of such title, for such 
projects, less an amount the Secretary reasonably estimates is 
necessary for grants under subsection 5309(b)(1) of such title for 
those of such projects that are not covered by a letter or agreement: 
Provided, That the Secretary may enter into full funding grant 
agreements under subsection 5309(g)(2) of such title for major new 
fixed guideway capital projects that contain contingent commitments to 
incur obligations in such amounts as the Secretary determines are 
appropriate.
    Sec. 172.  None of the funds provided or limited under this Act may 
be used to enforce regulations related to charter bus service under 
part 604 of title 49, Code of Federal Regulations, for any transit 
agency who during fiscal year 2008 was both initially granted a 60-day 
period to come into compliance with part 604, and then was subsequently 
granted an exception from said part.
    Sec. 173.  Hereafter, for interstate multi-modal projects which are 
in Interstate highway corridors, the Secretary shall base the rating 
under section 5309(d) of title 49, United States Code, of the non-New 
Starts share of the public transportation element of the project on the 
percentage of non-New Starts funds in the unified finance plan for the 
multi-modal project: Provided, That the Secretary shall base the 
accounting of local matching funds on the total amount of all local 
funds incorporated in the unified finance plan for the multi-modal 
project for the purposes of funding under chapter 53 of title 49, 
United States Code and title 23, United States Code: Provided further, 
That the Secretary shall evaluate the justification for the project 
under section 5309(d) of title 49, United States Code, including cost 
effectiveness, on the public transportation costs and public 
transportation benefits.

             Saint Lawrence Seaway Development Corporation

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

                       operations and maintenance

                    (harbor maintenance trust fund)

    For necessary expenses for operations, maintenance, and capital 
asset renewal of those portions of the Saint Lawrence Seaway owned, 
operated, and maintained by the Saint Lawrence Seaway Development 
Corporation, $32,324,000, to be derived from the Harbor Maintenance 
Trust Fund, pursuant to Public Law 99-662.

                        Maritime Administration

                       maritime security program

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

                        operations and training

    For necessary expenses of operations and training activities 
authorized by law, $149,750,000, of which $11,240,000 shall remain 
available until expended for maintenance and repair of training ships 
at State Maritime Academies, and of which $15,000,000 shall remain 
available until expended for capital improvements at the United States 
Merchant Marine Academy, and of which $59,057,000 shall be available 
for operations at the United States Merchant Marine Academy: Provided, 
That amounts apportioned for the United States Merchant Marine Academy 
shall be available only upon allotments made personally by the 
Secretary of Transportation or the Assistant Secretary for Budget and 
Programs: Provided further, That the Superintendent, Deputy 
Superintendent and the Director of the Office of Resource Management of 
the United States Merchant Marine Academy may not be allotment holders 
for the United States Merchant Marine Academy, and the Administrator of 
Maritime Administration shall hold all allotments made by the Secretary 
of Transportation or the Assistant Secretary for Budget and Programs 
under the previous proviso: Provided further, That 50 percent of the 
funding made available for the United States Merchant Marine Academy 
under this heading shall be available only after the Secretary, in 
consultation with the Superintendent and the Maritime Administration, 
completes a plan detailing by program or activity and by object class 
how such funding will be expended at the Academy, and this plan is 
submitted to the House and Senate Committees on Appropriations.

                             ship disposal

    For necessary expenses related to the disposal of obsolete vessels 
in the National Defense Reserve Fleet of the Maritime Administration, 
$15,000,000, to remain available until expended.

                     assistance to small shipyards

    To make grants to qualified shipyards as authorized under section 
3508 of Public Law 110-417 or section 54101 of title 46, United States 
Code, $15,000,000, to remain available until expended: Provided, That 
to be considered for assistance, a qualified shipyard shall submit an 
application for assistance no later than 60 days after enactment of 
this Act: Provided further, That from applications submitted under the 
previous proviso, the Secretary of Transportation shall make grants no 
later than 120 days after enactment of this Act in such amounts as the 
Secretary determines: Provided further, That not to exceed 2 percent of 
the funds appropriated under this heading shall be available for 
necessary costs of grant administration.

          maritime guaranteed loan (title xi) program account

                     (including transfer of funds)

    For the cost of guaranteed loans, as authorized, $9,000,000, of 
which $5,000,000 shall remain available until expended: Provided, That 
such costs, including the cost of modifying such loans, shall be as 
defined in section 502 of the Congressional Budget Act of 1974, as 
amended: Provided further, That not to exceed $4,000,000 shall be 
available for administrative expenses to carry out the guaranteed loan 
program, which shall be transferred to and merged with the 
appropriation for ``Operations and Training'', Maritime Administration.

           administrative provisions--maritime administration

    Sec. 175.  Notwithstanding any other provision of this Act, the 
Maritime Administration is authorized to furnish utilities and services 
and make necessary repairs in connection with any lease, contract, or 
occupancy involving Government property under control of the Maritime 
Administration, and payments received therefor shall be credited to the 
appropriation charged with the cost thereof: Provided, That rental 
payments under any such lease, contract, or occupancy for items other 
than such utilities, services, or repairs shall be covered into the 
Treasury as miscellaneous receipts.
    Sec. 176.  Section 51314 of title 46, United States Code, is 
amended in subsection (b) by inserting at the end ``Such fees shall be 
credited to the Maritime Administration's Operations and Training 
appropriation, to remain available until expended, for those expenses 
directly related to the purposes of the fees. Fees collected in excess 
of actual expenses may be refunded to the Midshipmen through a 
mechanism approved by the Secretary. The Academy shall maintain a 
separate and detailed accounting of fee revenue and all associated 
expenses.''.

         Pipeline and Hazardous Materials Safety Administration

                          operational expenses

                         (pipeline safety fund)

                     (including transfer of funds)

    For necessary operational expenses of the Pipeline and Hazardous 
Materials Safety Administration, $21,132,000, of which $639,000 shall 
be derived from the Pipeline Safety Fund: Provided, That $1,000,000 
shall be transferred to ``Pipeline Safety'' in order to fund ``Pipeline 
Safety Information Grants to Communities'' as authorized under section 
60130 of title 49, United States Code.

                       hazardous materials safety

    For expenses necessary to discharge the hazardous materials safety 
functions of the Pipeline and Hazardous Materials Safety 
Administration, $37,994,000, of which $1,699,000 shall remain available 
until September 30, 2012: Provided, That up to $800,000 in fees 
collected under 49 U.S.C. 5108(g) shall be deposited in the general 
fund of the Treasury as offsetting receipts: Provided further, That 
there may be credited to this appropriation, to be available until 
expended, funds received from States, counties, municipalities, other 
public authorities, and private sources for expenses incurred for 
training, for reports publication and dissemination, and for travel 
expenses incurred in performance of hazardous materials exemptions and 
approvals functions.

                            pipeline safety

                         (pipeline safety fund)

                    (oil spill liability trust fund)

    For expenses necessary to conduct the functions of the pipeline 
safety program, for grants-in-aid to carry out a pipeline safety 
program, as authorized by 49 U.S.C. 60107, and to discharge the 
pipeline program responsibilities of the Oil Pollution Act of 1990, 
$105,239,000, of which $18,905,000 shall be derived from the Oil Spill 
Liability Trust Fund and shall remain available until September 30, 
2012; and of which $86,334,000 shall be derived from the Pipeline 
Safety Fund, of which $47,332,000 shall remain available until 
September 30, 2012: Provided, That not less than $1,048,000 of the 
funds provided under this heading shall be for the one-call State grant 
program.

                     emergency preparedness grants

                     (emergency preparedness fund)

    For necessary expenses to carry out 49 U.S.C. 5128(b), $188,000, to 
be derived from the Emergency Preparedness Fund, to remain available 
until September 30, 2011: Provided, That not more than $28,318,000 
shall be made available for obligation in fiscal year 2010 from amounts 
made available by 49 U.S.C. 5116(I) and 5128(b)-(c): Provided further, 
That none of the funds made available by 49 U.S.C. 5116(I), 5128(b), or 
5128(c) shall be made available for obligation by individuals other 
than the Secretary of Transportation, or his designee.

           Research and Innovative Technology Administration

                        research and development

    For necessary expenses of the Research and Innovative Technology 
Administration, $13,007,000, of which $6,036,000 shall remain available 
until September 30, 2012: Provided, That there may be credited to this 
appropriation, to be available until expended, funds received from 
States, counties, municipalities, other public authorities, and private 
sources for expenses incurred for training.

                      Office of Inspector General

                         salaries and expenses

    For necessary expenses of the Office of Inspector General to carry 
out the provisions of the Inspector General Act of 1978, as amended, 
$75,114,000: Provided, That the Inspector General shall have all 
necessary authority, in carrying out the duties specified in the 
Inspector General Act, as amended (5 U.S.C. App. 3), to investigate 
allegations of fraud, including false statements to the government (18 
U.S.C. 1001), by any person or entity that is subject to regulation by 
the Department: Provided further, That the funds made available under 
this heading shall be used to investigate, pursuant to section 41712 of 
title 49, United States Code: (1) unfair or deceptive practices and 
unfair methods of competition by domestic and foreign air carriers and 
ticket agents; and (2) the compliance of domestic and foreign air 
carriers with respect to item (1) of this proviso.

                      Surface Transportation Board

                         salaries and expenses

    For necessary expenses of the Surface Transportation Board, 
including services authorized by 5 U.S.C. 3109, $29,066,000: Provided, 
That notwithstanding any other provision of law, not to exceed 
$1,250,000 from fees established by the Chairman of the Surface 
Transportation Board shall be credited to this appropriation as 
offsetting collections and used for necessary and authorized expenses 
under this heading: Provided further, That the sum herein appropriated 
from the general fund shall be reduced on a dollar-for-dollar basis as 
such offsetting collections are received during fiscal year 2010, to 
result in a final appropriation from the general fund estimated at no 
more than $27,816,000.

            General Provisions--department of Transportation

    Sec. 180.  During the current fiscal year applicable appropriations 
to the Department of Transportation shall be available for maintenance 
and operation of aircraft; hire of passenger motor vehicles and 
aircraft; purchase of liability insurance for motor vehicles operating 
in foreign countries on official department business; and uniforms or 
allowances therefor, as authorized by law (5 U.S.C. 5901-5902).
    Sec. 181.  Appropriations contained in this Act for the Department 
of Transportation shall be available for services as authorized by 5 
U.S.C. 3109, but at rates for individuals not to exceed the per diem 
rate equivalent to the rate for an Executive Level IV.
    Sec. 182.  None of the funds in this Act shall be available for 
salaries and expenses of more than 110 political and Presidential 
appointees in the Department of Transportation: Provided, That none of 
the personnel covered by this provision may be assigned on temporary 
detail outside the Department of Transportation.
    Sec. 183.  None of the funds in this Act shall be used to implement 
section 404 of title 23, United States Code.
    Sec. 184. (a) No recipient of funds made available in this Act 
shall disseminate personal information (as defined in 18 U.S.C. 
2725(3)) obtained by a State department of motor vehicles in connection 
with a motor vehicle record as defined in 18 U.S.C. 2725(1), except as 
provided in 18 U.S.C. 2721 for a use permitted under 18 U.S.C. 2721.
    (b) Notwithstanding subsection (a), the Secretary shall not 
withhold funds provided in this Act for any grantee if a State is in 
noncompliance with this provision.
    Sec. 185.  Funds received by the Federal Highway Administration, 
Federal Transit Administration, and Federal Railroad Administration 
from States, counties, municipalities, other public authorities, and 
private sources for expenses incurred for training may be credited 
respectively to the Federal Highway Administration's ``Federal-Aid 
Highways'' account, the Federal Transit Administration's ``Research and 
University Research Centers'' account, and to the Federal Railroad 
Administration's ``Safety and Operations'' account, except for State 
rail safety inspectors participating in training pursuant to 49 U.S.C. 
20105.
    Sec. 186.  Funds provided or limited in this Act under the 
appropriate accounts within the Federal Highway Administration, the 
Federal Railroad Administration and the Federal Transit Administration 
shall be for the eligible programs, projects and activities in the 
corresponding amounts identified in the committee report accompanying 
this Act for ``Ferry Boats and Ferry Terminal Facilities'', ``Federal 
Lands'', ``Interstate Maintenance Discretionary'', ``Transportation, 
Community and System Preservation Program'', ``Delta Region 
Transportation Development Program'', ``Rail Line Relocation and 
Improvement Program'', ``Rail-highway crossing hazard eliminations'', 
``Capital Investment Grants'', ``Alternatives analysis'', and ``Bus and 
bus facilities''.
    Sec. 187.  Notwithstanding any other provisions of law, rule or 
regulation, the Secretary of Transportation is authorized to allow the 
issuer of any preferred stock heretofore sold to the Department to 
redeem or repurchase such stock upon the payment to the Department of 
an amount determined by the Secretary.
    Sec. 188.  None of the funds in this Act to the Department of 
Transportation may be used to make a grant unless the Secretary of 
Transportation notifies the House and Senate Committees on 
Appropriations not less than 3 full business days before any 
discretionary grant award, letter of intent, or full funding grant 
agreement totaling $1,000,000 or more is announced by the department or 
its modal administrations from: (1) any discretionary grant program of 
the Federal Highway Administration including the emergency relief 
program; (2) the airport improvement program of the Federal Aviation 
Administration; (3) any grant from the Federal Railroad Administration; 
or (4) any program of the Federal Transit Administration other than the 
formula grants and fixed guideway modernization programs: Provided, 
That the Secretary gives concurrent notification to the House and 
Senate Committees on Appropriations for any ``quick release'' of funds 
from the emergency relief program: Provided further, That no 
notification shall involve funds that are not available for obligation.
    Sec. 189.  Rebates, refunds, incentive payments, minor fees and 
other funds received by the Department of Transportation from travel 
management centers, charge card programs, the subleasing of building 
space, and miscellaneous sources are to be credited to appropriations 
of the Department of Transportation and allocated to elements of the 
Department of Transportation using fair and equitable criteria and such 
funds shall be available until expended.
    Sec. 190.  Amounts made available in this or any other Act that the 
Secretary determines represent improper payments by the Department of 
Transportation to a third-party contractor under a financial assistance 
award, which are recovered pursuant to law, shall be available--
        (1) to reimburse the actual expenses incurred by the Department 
    of Transportation in recovering improper payments; and
        (2) to pay contractors for services provided in recovering 
    improper payments or contractor support in the implementation of 
    the Improper Payments Information Act of 2002: Provided, That 
    amounts in excess of that required for paragraphs (1) and (2)--
            (A) shall be credited to and merged with the appropriation 
        from which the improper payments were made, and shall be 
        available for the purposes and period for which such 
        appropriations are available; or
            (B) if no such appropriation remains available, shall be 
        deposited in the Treasury as miscellaneous receipts: Provided 
        further, That prior to the transfer of any such recovery to an 
        appropriations account, the Secretary shall notify to the House 
        and Senate Committees on Appropriations of the amount and 
        reasons for such transfer: Provided further, That for purposes 
        of this section, the term ``improper payments'', has the same 
        meaning as that provided in section 2(d)(2) of Public Law 107-
        300.
    Sec. 191.  Notwithstanding any other provision of law, if any funds 
provided in or limited by this Act are subject to a reprogramming 
action that requires notice to be provided to the House and Senate 
Committees on Appropriations, said reprogramming action shall be 
approved or denied solely by the Committees on Appropriations: 
Provided, That the Secretary may provide notice to other congressional 
committees of the action of the Committees on Appropriations on such 
reprogramming but not sooner than 30 days following the date on which 
the reprogramming action has been approved or denied by the House and 
Senate Committees on Appropriations.
    Sec. 192.  None of the funds appropriated or otherwise made 
available under this Act may be used by the Surface Transportation 
Board of the Department of Transportation to charge or collect any 
filing fee for rate complaints filed with the Board in an amount in 
excess of the amount authorized for district court civil suit filing 
fees under section 1914 of title 28, United States Code.
    Sec. 193.  Notwithstanding section 3324 of Title 31, United States 
Code, in addition to authority provided by section 327 of title 49, 
United States Code, the Department's Working Capital fund is hereby 
authorized to provide payments in advance to vendors that are necessary 
to carry out the Federal transit pass transportation fringe benefit 
program under Executive Order 13150 and section 3049 of Public Law 109-
59: Provided, that the Department shall include adequate safeguards in 
the contract with the vendors to ensure timely and high quality 
performance under the contract.
    Sec. 194. (a) In General.--Section 127(a)(11) of title 23, United 
States Code, is amended by striking ``that portion of the Maine 
Turnpike designated Route 95 and 495, and that portion of Interstate 
Route 95 from the southern terminus of the Maine Turnpike to the New 
Hampshire State line, laws (including regulations)'' and inserting 
``all portions of the Interstate Highway System in the State, laws 
(including regulations)''.
    (b) Period of Effectiveness.--The amendment made by subsection (a) 
shall be in effect during the 1-year period beginning on the date of 
enactment of this Act.
    (c) Reversion.--Effective as of the date that is 366 days after the 
date of enactment of this Act, section 127(a)(11) of title 23, United 
States Code, is amended by striking ``all portions of the Interstate 
Highway System in the State, laws (including regulations)'' and 
inserting ``that portion of the Maine Turnpike designated Route 95 and 
495, and that portion of Interstate Route 95 from the southern terminus 
of the Maine Turnpike to the New Hampshire State line, laws (including 
regulations)''.
    (d) Vermont Pilot Program.--Section 127(a) of title 23, United 
States Code, is amended by adding at the end the following:
        ``(13) Vermont pilot program.--
            ``(A) In general.--With respect to Interstate Routes 89, 
        91, and 93 in the State of Vermont, laws (including 
        regulations) of that State concerning vehicle weight 
        limitations applicable to State highways other than the 
        Interstate system shall be applicable in lieu of the 
        requirements of this subsection.''.
    (e) Period of Effectiveness for the Vermont Pilot Program.--The 
amendment made by subsection (d) shall be in effect during the 1-year 
period beginning on the date of enactment of this Act.
    (f) Reversion for the Vermont Pilot Program.--Effective as of the 
date that is 366 days after the date of enactment of this Act, section 
127(a) of title 23, United States Code, is amended by striking 
paragraph (13).
    (g) Report on the Vermont Pilot Program.--Not later than 2 years 
after the date of enactment of this paragraph, the Secretary shall 
complete and submit to Congress a report on the effects of the pilot 
program under this paragraph on highway safety, bridge and road 
durability, commerce, truck volumes, and energy use within the State of 
Vermont.
    Sec. 195.  The Secretary shall initiate an independent and 
comprehensive study and analysis to supplement that authorized under 
section 108, division C, of Public Law 111-8: Provided, That the 
Department of Transportation shall work with and coordinate with the 
Departments of Energy, Commerce and Agriculture to develop a 
comprehensive understanding of the full value of river flow support to 
users in the Mississippi and Missouri Rivers: Provided further, That 
subjects of analysis shall include energy (including hydropower and 
generation cooling), and water transport (including water-compelled 
rates, projected total transportation congestion considerations, 
transportation energy efficiency, air quality and carbon emissions) and 
water users (including the number and distribution of people, 
households, municipalities, and business throughout the Missouri and 
Mississippi River basins who use river water for multiple purposes): 
Provided further, That in addition to understanding current value, the 
Department is directed to work with appropriate Federal partners to 
develop recommendations on how to minimize impediments to growth and 
maximize water value of benefits related to energy production and 
efficiency, congestion relief, trade and transport efficiency, and air 
quality: Provided further, That the Department of Transportation shall 
provide its analysis and recommendations to the U.S. Army Corps of 
Engineers, the White House, and the Congress: Provided further, That 
$2,000,000 is available until expended for such purposes.
    Sec. 196.  Notwithstanding any other provision of law, funds made 
available under section 330 of the Fiscal Year 2002 Department of 
Transportation and Related Agencies Appropriations Act (Public Law 107-
87) for the Las Vegas, Nevada Monorail Project, funds made available 
under section 115 of the Fiscal Year 2004 Transportation, Treasury and 
Independent Agencies Appropriations Act (Public Law 108-199) for the 
North Las Vegas Intermodal Transit Hub, and funds made available for 
the CATRAIL RTC Rail Project, Nevada in the Fiscal Year 2005 
Transportation, Treasury, Independent Agencies and General Government 
Appropriations Act (Public Law 108-447), as well as any unexpended 
funds in the Federal Transit Administration grant numbers NV-03-0024 
and NV-03-0027, shall be made available until expended to the Regional 
Transportation Commission of Southern Nevada for bus and bus-related 
projects and bus rapid transit projects: Provided, That the funds made 
available for a project in accordance with this section shall be 
administered under the terms and conditions set forth in 49 U.S.C. 
5307, to the extent applicable.
    This title may be cited as the ``Department of Transportation 
Appropriations Act, 2010''.

                                TITLE II

              DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

                     Management and Administration

                          Executive Direction

    For necessary salaries and expenses for Executive Direction, 
$26,855,000, of which not to exceed $4,619,000 shall be available for 
the immediate Office of the Secretary and Deputy Secretary; not to 
exceed $1,703,000 shall be available for the Office of Hearings and 
Appeals; not to exceed $778,000 shall be available for the Office of 
Small and Disadvantaged Business Utilization; not to exceed $727,000 
shall be available for the immediate Office of the Chief Financial 
Officer; not to exceed $1,474,000 shall be available for the immediate 
Office of the General Counsel; not to exceed $2,912,000 shall be 
available to the Office of the Assistant Secretary for Congressional 
and Intergovernmental Relations; not to exceed $3,996,000 shall be 
available for the Office of the Assistant Secretary for Public Affairs; 
not to exceed $1,218,000 shall be available for the Office of the 
Assistant Secretary for Administration; not to exceed $2,125,000 shall 
be available to the Office of the Assistant Secretary for Public and 
Indian Housing; not to exceed $1,781,000 shall be available to the 
Office of the Assistant Secretary for Community Planning and 
Development; not to exceed $3,497,000 shall be available to the Office 
of the Assistant Secretary for Housing, Federal Housing Commissioner; 
not to exceed $1,097,000 shall be available to the Office of the 
Assistant Secretary for Policy Development and Research; and not to 
exceed $928,000 shall be available to the Office of the Assistant 
Secretary for Fair Housing and Equal Opportunity: Provided, That the 
Secretary of the Department of Housing and Urban Development is 
authorized to transfer funds appropriated for any office funded under 
this heading to any other office funded under this heading following 
the written notification to the House and Senate Committees on 
Appropriations: Provided further, That no appropriation for any office 
shall be increased or decreased by more than 5 percent by all such 
transfers: Provided further, That notice of any change in funding 
greater than 5 percent shall be submitted for prior approval to the 
House and Senate Committees on Appropriations: Provided further, That 
the Secretary shall provide the Committees on Appropriations quarterly 
written notification regarding the status of pending congressional 
reports: Provided further, That the Secretary shall provide all signed 
reports required by Congress electronically: Provided further, That not 
to exceed $25,000 of the amount made available under this paragraph for 
the immediate Office of the Secretary shall be available for official 
reception and representation expenses as the Secretary may determine.

               administration, operations and management

    For necessary salaries and expenses for administration, operations 
and management for the Department of Housing and Urban Development, 
$537,011,000, of which not to exceed $76,958,000 shall be available for 
the personnel compensation and benefits of the Office of 
Administration; not to exceed $9,623,000 shall be available for the 
personnel compensation and benefits of the Office of Departmental 
Operations and Coordination; not to exceed $51,275,000 shall be 
available for the personnel compensation and benefits of the Office of 
Field Policy and Management; not to exceed $14,649,000 shall be 
available for the personnel compensation and benefits of the Office of 
the Chief Procurement Officer; not to exceed $35,197,000 shall be 
available for the personnel compensation and benefits of the remaining 
staff in the Office of the Chief Financial Officer; not to exceed 
$89,062,000 shall be available for the personnel compensation and 
benefits of the remaining staff in the Office of the General Counsel; 
not to exceed $3,296,000 shall be available for the personnel 
compensation and benefits of the Office of Departmental Equal 
Employment Opportunity; not to exceed $1,393,000 shall be available for 
the personnel compensation and benefits for the Center for Faith-Based 
and Community Initiatives; not to exceed $2,400,000 shall be available 
for the personnel compensation and benefits for the Office of 
Sustainability; not to exceed $3,288,000 shall be available for the 
personnel compensation and benefits for the Office of Strategic 
Planning and Management; and not to exceed $249,870,000 shall be 
available for non-personnel expenses of the Department of Housing and 
Urban Development: Provided, That, funds provided under this heading 
may be used for necessary administrative and non-administrative 
expenses of the Department of Housing and Urban Development, not 
otherwise provided for, including purchase of uniforms, or allowances 
therefor, as authorized by 5 U.S.C. 5901-5902; hire of passenger motor 
vehicles; services as authorized by 5 U.S.C. 3109: Provided further, 
That notwithstanding any other provision of law, funds appropriated 
under this heading may be used for advertising and promotional 
activities that support the housing mission area: Provided further, 
That the Secretary of Housing and Urban Development is authorized to 
transfer funds appropriated for any office included in Administration, 
Operations and Management to any other office included in 
Administration, Operations and Management only after such transfer has 
been submitted to, and received prior written approval by, the House 
and Senate Committees on Appropriations: Provided further, That no 
appropriation for any office shall be increased or decreased by more 
than 10 percent by all such transfers.

                  Personnel Compensation and Benefits

                       public and indian housing

    For necessary personnel compensation and benefits expenses of the 
Office of Public and Indian Housing, $197,074,000.

                   community planning and development

    For necessary personnel compensation and benefits expenses of the 
Office of Community Planning and Development mission area, $98,989,000.

                                housing

    For necessary personnel compensation and benefits expenses of the 
Office of Housing, $374,887,000.

         office of the government national mortgage association

    For necessary personnel compensation and benefits expenses of the 
Office of the Government National Mortgage Association, $11,095,000, to 
be derived from the GNMA guarantees of mortgage backed securities 
guaranteed loan receipt account.

                    policy development and research

    For necessary personnel compensation and benefits expenses of the 
Office of Policy Development and Research, $21,138,000.

                   fair housing and equal opportunity

    For necessary personnel compensation and benefits expenses of the 
Office of Fair Housing and Equal Opportunity, $71,800,000.

            office of healthy homes and lead hazard control

    For necessary personnel compensation and benefits expenses of the 
Office of Healthy Homes and Lead Hazard Control, $7,151,000.

                       Public and Indian Housing

                     tenant-based rental assistance

                     (including transfer of funds)

    For activities and assistance for the provision of tenant-based 
rental assistance authorized under the United States Housing Act of 
1937, as amended (42 U.S.C. 1437 et seq.) (``the Act'' herein), not 
otherwise provided for, $14,184,200,000, to remain available until 
expended, shall be available on October 1, 2009 (in addition to the 
$4,000,000,000 previously appropriated under this heading that will 
become available on October 1, 2009), and $4,000,000,000, to remain 
available until expended, shall be available on October 1, 2010: 
Provided, That of the amounts made available under this heading are 
provided as follows:
        (1) $16,339,200,000 shall be available for renewals of expiring 
    section 8 tenant-based annual contributions contracts (including 
    renewals of enhanced vouchers under any provision of law 
    authorizing such assistance under section 8(t) of the Act) and 
    including renewal of other special purpose vouchers initially 
    funded in fiscal year 2008 and 2009 such as Family Unification, 
    Veterans Affairs Supportive Housing Vouchers and Non-elderly 
    Disabled Vouchers): Provided, That notwithstanding any other 
    provision of law, from amounts provided under this paragraph and 
    any carryover, the Secretary for the calendar year 2010 funding 
    cycle shall provide renewal funding for each public housing agency 
    based on voucher management system (VMS) leasing and cost data for 
    the most recent Federal fiscal year and by applying the most recent 
    Annual Adjustment Factor as established by the Secretary, and by 
    making any necessary adjustments for the costs associated with 
    deposits to family self-sufficiency program escrow accounts or 
    first-time renewals including tenant protection or HOPE VI 
    vouchers: Provided further, That none of the funds provided under 
    this paragraph may be used to fund a total number of unit months 
    under lease which exceeds a public housing agency's authorized 
    level of units under contract, except for public housing agencies 
    participating in the Moving to Work demonstration, which are 
    instead governed by the terms and conditions of their MTW 
    agreements:  Provided further, That the Secretary shall, to the 
    extent necessary to stay within the amount specified under this 
    paragraph (except as otherwise modified under this Act), pro rate 
    each public housing agency's allocation otherwise established 
    pursuant to this paragraph: Provided further, That except as 
    provided in the last two provisos, the entire amount specified 
    under this paragraph (except as otherwise modified under this Act) 
    shall be obligated to the public housing agencies based on the 
    allocation and pro rata method described above, and the Secretary 
    shall notify public housing agencies of their annual budget not 
    later than 60 days after enactment of this Act: Provided further, 
    That the Secretary may extend the 60-day notification period with 
    the prior written approval of the House and Senate Committees on 
    Appropriations: Provided further, That public housing agencies 
    participating in the Moving to Work demonstration shall be funded 
    pursuant to their Moving to Work agreements and shall be subject to 
    the same pro rata adjustments under the previous provisos: Provided 
    further, That up to $150,000,000 shall be available only: (1) to 
    adjust the allocations for public housing agencies, after 
    application for an adjustment by a public housing agency that 
    experienced a significant increase, as determined by the Secretary, 
    in renewal costs of tenant-based rental assistance resulting from 
    unforeseen circumstances or from portability under section 8(r) of 
    the Act; (2) for adjustments for public housing agencies with 
    voucher leasing rates at the end of the calendar year that exceed 
    the average leasing for the 12-month period used to establish the 
    allocation; (3) for adjustments for the costs associated with VASH 
    vouchers; or (4) for vouchers that were not in use during the 12-
    month period in order to be available to meet a commitment pursuant 
    to section 8(o)(13) of the Act: Provided further, That the 
    Secretary shall allocate amounts under the previous proviso based 
    on need as determined by the Secretary: Provided further, That of 
    the amounts made available under this paragraph, up to $100,000,000 
    may be transferred to and merged with the appropriation for 
    ``Transformation Initiative'';
        (2) $120,000,000 shall be for section 8 rental assistance for 
    relocation and replacement of housing units that are demolished or 
    disposed of pursuant to the Omnibus Consolidated Rescissions and 
    Appropriations Act of 1996 (Public Law 104-134), conversion of 
    section 23 projects to assistance under section 8, the family 
    unification program under section 8(x) of the Act, relocation of 
    witnesses in connection with efforts to combat crime in public and 
    assisted housing pursuant to a request from a law enforcement or 
    prosecution agency, enhanced vouchers under any provision of law 
    authorizing such assistance under section 8(t) of the Act, HOPE VI 
    vouchers, mandatory and voluntary conversions, and tenant 
    protection assistance including replacement and relocation 
    assistance or for project based assistance to prevent the 
    displacement of unassisted elderly tenants currently residing in 
    section 202 properties financed between 1959 and 1974 that are 
    refinanced pursuant to Public Law 106-569, as amended, or under the 
    authority as provided under this Act: Provided, That the Secretary 
    shall provide replacement vouchers for all units that were occupied 
    within the previous 24 months that cease to be available as 
    assisted housing, subject only to the availability of funds;
        (3) $1,575,000,000 shall be for administrative and other 
    expenses of public housing agencies in administering the section 8 
    tenant-based rental assistance program, of which up to $50,000,000 
    shall be available to the Secretary to allocate to public housing 
    agencies that need additional funds to administer their section 8 
    programs, including fees associated with section 8 tenant 
    protection rental assistance, the administration of disaster 
    related vouchers, Veterans Affairs Supportive Housing vouchers, and 
    other incremental vouchers: Provided, That no less than 
    $1,525,000,000 of the amount provided in this paragraph shall be 
    allocated to public housing agencies for the calendar year 2010 
    funding cycle based on section 8(q) of the Act (and related 
    Appropriation Act provisions) as in effect immediately before the 
    enactment of the Quality Housing and Work Responsibility Act of 
    1998 (Public Law 105-276): Provided further, That if the amounts 
    made available under this paragraph are insufficient to pay the 
    amounts determined under the previous proviso, the Secretary may 
    decrease the amounts allocated to agencies by a uniform percentage 
    applicable to all agencies receiving funding under this paragraph 
    or may, to the extent necessary to provide full payment of amounts 
    determined under the previous proviso, utilize unobligated 
    balances, including recaptures and carryovers, remaining from funds 
    appropriated to the Department of Housing and Urban Development 
    under this heading, for fiscal year 2009 and prior fiscal years, 
    notwithstanding the purposes for which such amounts were 
    appropriated: Provided further, That amounts provided under this 
    paragraph shall be only for activities related to the provision of 
    tenant-based rental assistance authorized under section 8, 
    including related development activities;
        (4) $60,000,000 shall be available for family self-sufficiency 
    coordinators under section 23 of the Act;
        (5) $15,000,000 for incremental voucher assistance through the 
    Family Unification Program: Provided, That the assistance made 
    available under this paragraph shall continue to remain available 
    for family unification upon turnover: Provided further, That the 
    Secretary of Housing and Urban Development shall make such funding 
    available, notwithstanding section 204 (competition provision) of 
    this title, to entities with demonstrated experience and resources 
    for supportive services;
        (6) $75,000,000 for incremental rental voucher assistance for 
    use through a supported housing program administered in conjunction 
    with the Department of Veterans Affairs as authorized under section 
    8(o)(19) of the United States Housing Act of 1937: Provided, That 
    the Secretary of Housing and Urban Development shall make such 
    funding available, notwithstanding section 204 (competition 
    provision) of this title, to public housing agencies that partner 
    with eligible VA Medical Centers or other entities as designated by 
    the Secretary of the Department of Veterans Affairs, based on 
    geographical need for such assistance as identified by the 
    Secretary of the Department of Veterans Affairs, public housing 
    agency administrative performance, and other factors as specified 
    by the Secretary of Housing and Urban Development in consultation 
    with the Secretary of the Department of Veterans Affairs: Provided 
    further, That the Secretary of Housing and Urban Development may 
    waive, or specify alternative requirements for (in consultation 
    with the Secretary of the Department of Veterans Affairs), any 
    provision of any statute or regulation that the Secretary of 
    Housing and Urban Development administers in connection with the 
    use of funds made available under this paragraph (except for 
    requirements related to fair housing, nondiscrimination, labor 
    standards, and the environment), upon a finding by the Secretary 
    that any such waivers or alternative requirements are necessary for 
    the effective delivery and administration of such voucher 
    assistance: Provided further, That assistance made available under 
    this paragraph shall continue to remain available for homeless 
    veterans upon turn-over.

                        housing certificate fund

    Unobligated balances, including recaptures and carryover, remaining 
from funds appropriated to the Department of Housing and Urban 
Development under this heading, the heading ``Annual Contributions for 
Assisted Housing'' and the heading ``Project-Based Rental Assistance'', 
for fiscal year 2010 and prior years may be used for renewal of or 
amendments to section 8 project-based contracts and for performance-
based contract administrators, notwithstanding the purposes for which 
such funds were appropriated: Provided, That any obligated balances of 
contract authority from fiscal year 1974 and prior that have been 
terminated shall be cancelled: Provided further, That amounts 
heretofore recaptured, or recaptured during the current fiscal year, 
from project-based Section 8 contracts from source years fiscal year 
1975 through fiscal year 1987 are hereby rescinded, and an amount of 
additional new budget authority, equivalent to the amount rescinded is 
hereby appropriated, to remain available until expended, for the 
purposes set forth under this heading, in addition to amounts otherwise 
available.

                      public housing capital fund

    For the Public Housing Capital Fund Program to carry out capital 
and management activities for public housing agencies, as authorized 
under section 9 of the United States Housing Act of 1937 (42 U.S.C. 
1437g) (the ``Act'') $2,500,000,000, to remain available until 
September 30, 2013: Provided, That notwithstanding any other provision 
of law or regulation, during fiscal year 2010 the Secretary of Housing 
and Urban Development may not delegate to any Department official other 
than the Deputy Secretary and the Assistant Secretary for Public and 
Indian Housing any authority under paragraph (2) of section 9(j) 
regarding the extension of the time periods under such section: 
Provided further, That for purposes of such section 9(j), the term 
``obligate'' means, with respect to amounts, that the amounts are 
subject to a binding agreement that will result in outlays, immediately 
or in the future: Provided further, That up to $15,345,000 shall be to 
support the ongoing Public Housing Financial and Physical Assessment 
activities of the Real Estate Assessment Center (REAC): Provided 
further, That of the total amount provided under this heading, not to 
exceed $20,000,000 shall be available for the Secretary to make grants, 
notwithstanding section 204 of this Act, to public housing agencies for 
emergency capital needs including safety and security measures 
necessary to address crime and drug-related activity as well as needs 
resulting from unforeseen or unpreventable emergencies and natural 
disasters excluding Presidentially declared emergencies and natural 
disasters under the Robert T. Stafford Disaster Relief and Emergency 
Act (42 U.S.C. 5121 et seq.) occurring in fiscal year 2010: Provided 
further, That of the amounts provided under this heading up to 
$40,000,000 may be for grants to be competitively awarded to public 
housing agencies for the construction, rehabilitation or purchase of 
facilities to be used to provide early education, adult education, job 
training or other appropriate services to public housing residents: 
Provided further, That grantees shall demonstrate an ability to 
leverage other Federal, State, local or private resources for the 
construction, rehabilitation or acquisition of such facilities, and 
that selected grantees shall demonstrate a capacity to pay the long-
term costs of operating such facilities: Provided further, That of the 
total amount provided under this heading, $50,000,000 shall be for 
supportive services, service coordinators and congregate services as 
authorized by section 34 of the Act (42 U.S.C. 1437z-6) and the Native 
American Housing Assistance and Self-Determination Act of 1996 (25 
U.S.C. 4101 et seq.): Provided further, That of the total amount 
provided under this heading up to $8,820,000 is to support the costs of 
administrative and judicial receiverships: Provided further, That from 
the funds made available under this heading, the Secretary shall 
provide bonus awards in fiscal year 2010 to public housing agencies 
that are designated high performers.

                     public housing operating fund

                     (including transfer of funds)

    For 2010 payments to public housing agencies for the operation and 
management of public housing, as authorized by section 9(e) of the 
United States Housing Act of 1937 (42 U.S.C. 1437g(e)), $4,775,000,000: 
Provided, That, in fiscal year 2009 and all fiscal years hereafter, no 
amounts under this heading in any appropriations Act may be used for 
payments to public housing agencies for the costs of operation and 
management of public housing for any year prior to the current year of 
such Act: Provided further, That of the amounts made available under 
this heading, up to $15,000,000 may be transferred to and merged with 
the appropriation for ``Transformation Initiative''.

     revitalization of severely distressed public housing (hope vi)

    For grants to public housing agencies for demolition, site 
revitalization, replacement housing, and tenant-based assistance grants 
to projects as authorized by section 24 of the United States Housing 
Act of 1937 (42 U.S.C. 1437v), $200,000,000, to remain available until 
September 30, 2011, of which the Secretary of Housing and Urban 
Development may use up to $10,000,000 for technical assistance and 
contract expertise, to be provided directly or indirectly by grants, 
contracts or cooperative agreements, including training and cost of 
necessary travel for participants in such training, by or to officials 
and employees of the department and of public housing agencies and to 
residents: Provided, That none of such funds shall be used directly or 
indirectly by granting competitive advantage in awards to settle 
litigation or pay judgments, unless expressly permitted herein: 
Provided further, That of the amounts provided under this heading, up 
to $65,000,000 may be available for a demonstration of the Choice 
Neighborhoods Initiative (subject to such section 24 except as 
otherwise specified under the provisos for this demonstration under 
this heading) for the transformation, rehabilitation and replacement 
housing needs of both public and HUD-assisted housing and to transform 
neighborhoods of poverty into functioning, sustainable mixed income 
neighborhoods with appropriate services, public assets, transportation 
and access to jobs, and schools, including public schools, community 
schools, and charter schools: Provided further, That for this 
demonstration, funding may also be used for the conversion of vacant or 
foreclosed properties to affordable housing: Provided further, That use 
of funds made available for this demonstration under this heading shall 
not be deemed to be public housing notwithstanding section 3(b)(1) of 
such Act: Provided further, That grantees shall commit to an additional 
period of affordability determined by the Secretary, but not fewer than 
20 years: Provided further, That grantees shall undertake comprehensive 
local planning with input from residents and the community: Provided 
further, That for the purposes of this demonstration, applicants may 
include local governments, public housing authorities, nonprofits, and 
for-profit developers that apply jointly with a public entity: Provided 
further, That such grantees shall create partnerships with other local 
organizations including assisted housing owners, service agencies and 
resident organizations: Provided further, That the Secretary shall 
develop and publish a Notice of Funding Availability for the allocation 
and use of such competitive funds in this demonstration, including but 
not limited to eligible activities, program requirements, protections 
and services for affected residents, and performance metrics.

                  native american housing block grants

    For the Native American Housing Block Grants program, as authorized 
under title I of the Native American Housing Assistance and Self-
Determination Act of 1996 (NAHASDA) (25 U.S.C. 4111 et seq.), 
$700,000,000, to remain available until expended: Provided, That, 
notwithstanding the Native American Housing Assistance and Self-
Determination Act of 1996, to determine the amount of the allocation 
under title I of such Act for each Indian tribe, the Secretary shall 
apply the formula under section 302 of such Act with the need component 
based on single-race Census data and with the need component based on 
multi-race Census data, and the amount of the allocation for each 
Indian tribe shall be the greater of the two resulting allocation 
amounts: Provided further, That of the amounts made available under 
this heading, $3,500,000 shall be contracted for assistance for a 
national organization representing Native American housing interests 
for providing training and technical assistance to Indian housing 
authorities and tribally designated housing entities as authorized 
under NAHASDA; and $4,250,000 shall be to support the inspection of 
Indian housing units, contract expertise, training, and technical 
assistance in the training, oversight, and management of such Indian 
housing and tenant-based assistance, including up to $300,000 for 
related travel: Provided further, That of the amount provided under 
this heading, $2,000,000 shall be made available for the cost of 
guaranteed notes and other obligations, as authorized by title VI of 
NAHASDA: Provided further, That such costs, including the costs of 
modifying such notes and other obligations, shall be as defined in 
section 502 of the Congressional Budget Act of 1974, as amended: 
Provided further, That these funds are available to subsidize the total 
principal amount of any notes and other obligations, any part of which 
is to be guaranteed, not to exceed $18,000,000.

                  native hawaiian housing block grant

    For the Native Hawaiian Housing Block Grant program, as authorized 
under title VIII of the Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4111 et seq.), $13,000,000, to 
remain available until expended: Provided, That of this amount, 
$300,000 shall be for training and technical assistance activities, 
including up to $100,000 for related travel by Hawaii-based HUD 
employees.

           indian housing loan guarantee fund program account

    For the cost of guaranteed loans, as authorized by section 184 of 
the Housing and Community Development Act of 1992 (12 U.S.C. 1715z), 
$7,000,000, to remain available until expended: Provided, That such 
costs, including the costs of modifying such loans, shall be as defined 
in section 502 of the Congressional Budget Act of 1974: Provided 
further, That these funds are available to subsidize total loan 
principal, any part of which is to be guaranteed, up to $919,000,000: 
Provided further, That up to $750,000 shall be for administrative 
contract expenses including management processes and systems to carry 
out the loan guarantee program.

      native hawaiian housing loan guarantee fund program account

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

                   Community Planning and Development

              housing opportunities for persons with aids

    For carrying out the Housing Opportunities for Persons with AIDS 
program, as authorized by the AIDS Housing Opportunity Act (42 U.S.C. 
12901 et seq.), $335,000,000, to remain available until September 30, 
2011, except that amounts allocated pursuant to section 854(c)(3) of 
such Act shall remain available until September 30, 2012: Provided, 
That the Secretary shall renew all expiring contracts for permanent 
supportive housing that were funded under section 854(c)(3) of such Act 
that meet all program requirements before awarding funds for new 
contracts and activities authorized under this section.

                       community development fund

    For assistance to units of State and local government, and to other 
entities, for economic and community development activities, and for 
other purposes, $4,450,000,000, to remain available until September 30, 
2012, unless otherwise specified: Provided, That of the total amount 
provided, $3,990,068,480 is for carrying out the community development 
block grant program under title I of the Housing and Community 
Development Act of 1974, as amended (the ``Act'' herein) (42 U.S.C. 
5301 et seq.): Provided further, That unless explicitly provided for 
under this heading (except for planning grants provided in the second 
paragraph and amounts made available under the third paragraph), not to 
exceed 20 percent of any grant made with funds appropriated under this 
heading shall be expended for planning and management development and 
administration: Provided further, That $65,000,000 shall be for grants 
to Indian tribes notwithstanding section 106(a)(1) of such Act, of 
which, notwithstanding any other provision of law (including section 
204 of this Act), up to $3,960,000 may be used for emergencies that 
constitute imminent threats to health and safety.
    Of the amount made available under this heading, $172,843,570 shall 
be available for grants for the Economic Development Initiative (EDI) 
to finance a variety of targeted economic investments in accordance 
with the terms and conditions specified in the explanatory statement 
accompanying this Act: Provided, That none of the funds provided under 
this paragraph may be used for program operations: Provided further, 
That, for fiscal years 2008, 2009 and 2010, no unobligated funds for 
EDI grants may be used for any purpose except acquisition, planning, 
design, purchase of equipment, revitalization, redevelopment or 
construction.
    Of the amount made available under this heading, $22,087,950 shall 
be available for neighborhood initiatives that are utilized to improve 
the conditions of distressed and blighted areas and neighborhoods, to 
stimulate investment, economic diversification, and community 
revitalization in areas with population outmigration or a stagnating or 
declining economic base, or to determine whether housing benefits can 
be integrated more effectively with welfare reform initiatives: 
Provided, That amounts made available under this paragraph shall be 
provided in accordance with the terms and conditions specified in the 
explanatory statement accompanying this Act.
    The referenced explanatory statement under this heading in title II 
of division K of Public Law 110-161 is deemed to be amended by striking 
``Old Town Boys and Girls Club, Albuquerque, NM, for renovation of the 
existing Old Town Boys and Girls Club accompanied by construction of 
new areas for the Club'' and inserting ``Old Town Boys and Girls Club, 
Albuquerque, NM, for renovation of the Heights Boys and Girls Club''.
    The referenced statement of the managers under this heading 
``Community Planning and Development'' in title II of division K of 
Public Law 110-161 is deemed to be amended by striking ``Custer County, 
ID for acquisition of an unused middle school building'' and inserting 
``Custer County, ID, to construct a community center''.
    The referenced explanatory statement under this heading in division 
I of Public Law 111-8 is deemed to be amended with respect to ``Hawaii 
County Office of Housing and Community Development, HI'' by striking 
``Senior Housing Renovation Project'' and inserting ``Transitional 
Housing Project''.
    The referenced statement of the managers under this heading 
``Community Planning and Development'' in title II of division I of 
Public Law 111-8 is deemed to be amended by striking ``Custer County, 
ID, to purchase a middle school building'' and inserting ``Custer 
County, ID, to construct a community center''.
    The referenced explanatory statement under the heading ``Community 
Development Fund'' in title II of division K of Public Law 110-161 is 
deemed to be amended with respect to ``Emergency Housing Consortium in 
San Jose, CA'' by striking ``for construction of the Sobrato 
Transitional Center, a residential facility for homeless individuals 
and families'' and inserting ``for improvements to homeless services 
and prevention facilities''.
    Of the amounts made available under this heading, $150,000,000 
shall be made available for a Sustainable Communities Initiative to 
improve regional planning efforts that integrate housing and 
transportation decisions, and increase the capacity to improve land use 
and zoning: Provided, That $100,000,000 shall be for Regional 
Integrated Planning Grants to support the linking of transportation and 
land use planning: Provided further, That not less than $25,000,000 of 
the funding made available for Regional Integrated Planning Grants 
shall be awarded to metropolitan areas of less than 500,000: Provided 
further, That $40,000,000 shall be for Community Challenge Planning 
Grants to foster reform and reduce barriers to achieve affordable, 
economically vital, and sustainable communities: Provided further, That 
before funding is made available for Regional Integrated Planning 
Grants or Community Challenge Planning Grants, the Secretary, in 
coordination with the Secretary of Transportation, shall submit a plan 
to the House and Senate Committees on Appropriations, the Senate 
Committee on Banking and Urban Affairs, and the House Committee on 
Financial Services establishing grant criteria as well as performance 
measures by which the success of grantees will be measured: Provided 
further, That the Secretary will consult with the Secretary of 
Transportation in evaluating grant proposals: Provided further, That up 
to $10,000,000 shall be for a joint Department of Housing and Urban 
Development and Department of Transportation research effort that shall 
include a rigorous evaluation of the Regional Integrated Planning 
Grants and Community Challenge Planning Grants programs: Provided 
further, That of the amounts made available under this heading, 
$25,000,000 shall be made available for the Rural Innovation Fund for 
grants to Indian tribes, State housing finance agencies, State 
community and/or economic development agencies, local rural nonprofits 
and community development corporations to address the problems of 
concentrated rural housing distress and community poverty: Provided 
further, That of the funding made available under the previous proviso, 
at least $5,000,000 shall be made available to promote economic 
development and entrepreneurship for federally recognized Indian 
Tribes, through activities including the capitalization of revolving 
loan programs and business planning and development, funding is also 
made available for technical assistance to increase capacity through 
training and outreach activities: Provided further, That of the amounts 
made available under this heading, $25,000,000 is for grants pursuant 
to section 107 of the Housing and Community Development Act of 1974 (42 
U.S.C. 5307).

         community development loan guarantees program account

    For the cost of guaranteed loans, $6,000,000, to remain available 
until September 30, 2011, as authorized by section 108 of the Housing 
and Community Development Act of 1974 (42 U.S.C. 5308): Provided, That 
such costs, including the cost of modifying such loans, shall be as 
defined in section 502 of the Congressional Budget Act of 1974: 
Provided further, That these funds are available to subsidize total 
loan principal, any part of which is to be guaranteed, not to exceed 
$275,000,000, notwithstanding any aggregate limitation on outstanding 
obligations guaranteed in section 108(k) of the Housing and Community 
Development Act of 1974, as amended.

                       brownfields redevelopment

    For competitive economic development grants, as authorized by 
section 108(q) of the Housing and Community Development Act of 1974, as 
amended, for Brownfields redevelopment projects, $17,500,000, to remain 
available until September 30, 2011: Provided, That no funds made 
available under this heading may be used to establish loan loss 
reserves for the section 108 Community Development Loan Guarantee 
program.

                  home investment partnerships program

    For the HOME investment partnerships program, as authorized under 
title II of the Cranston-Gonzalez National Affordable Housing Act, as 
amended, $1,825,000,000, to remain available until September 30, 2012: 
Provided, That, funds provided in prior appropriations Acts for 
technical assistance, that were made available for Community Housing 
Development Organizations technical assistance, and that still remain 
available, may be used for HOME technical assistance notwithstanding 
the purposes for which such amounts were appropriated.

        self-help and assisted homeownership opportunity program

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

                       homeless assistance grants

                     (including transfer of funds)

    For the emergency shelter grants program as authorized under 
subtitle B of title IV of the McKinney-Vento Homeless Assistance Act, 
as amended; the supportive housing program as authorized under subtitle 
C of title IV of such Act; the section 8 moderate rehabilitation single 
room occupancy program as authorized under the United States Housing 
Act of 1937, as amended, to assist homeless individuals pursuant to 
section 441 of the McKinney-Vento Homeless Assistance Act; and the 
shelter plus care program as authorized under subtitle F of title IV of 
such Act, $1,865,000,000, of which $1,860,000,000 shall remain 
available until September 30, 2012, and of which $5,000,000 shall 
remain available until expended for rehabilitation projects with 10-
year grant terms: Provided, That not less than 30 percent of funds made 
available, excluding amounts provided for renewals under the Shelter 
Plus Care Program and emergency shelter grants, shall be used for 
permanent housing for individuals and families: Provided further, That 
all funds awarded for services shall be matched by not less than 25 
percent in funding by each grantee: Provided further, That for all 
match requirements applicable to funds made available under this 
heading for this fiscal year and prior years, a grantee may use (or 
could have used) as a source of match funds other funds administered by 
the Secretary and other Federal agencies unless there is (or was) a 
specific statutory prohibition on any such use of any such funds: 
Provided further, That the Secretary shall renew on an annual basis 
expiring contracts or amendments to contracts funded under the shelter 
plus care program if the program is determined to be needed under the 
applicable continuum of care and meets appropriate program requirements 
and financial standards, as determined by the Secretary: Provided 
further, That all awards of assistance under this heading shall be 
required to coordinate and integrate homeless programs with other 
mainstream health, social services, and employment programs for which 
homeless populations may be eligible, including Medicaid, State 
Children's Health Insurance Program, Temporary Assistance for Needy 
Families, Food Stamps, and services funding through the Mental Health 
and Substance Abuse Block Grant, Workforce Investment Act, and the 
Welfare-to-Work grant program: Provided further, That up to $6,000,000 
of the funds appropriated under this heading shall be available for the 
national homeless data analysis project: Provided further, That up to 
$12,650,000 of the funds made available under this heading may be 
transferred to and merged with the appropriation for ``Transformation 
Initiative'': Provided further, That all balances for Shelter Plus Care 
renewals previously funded from the Shelter Plus Care Renewal account 
and transferred to this account shall be available, if recaptured, for 
Shelter Plus Care renewals in fiscal year 2010.

                            Housing Programs

                    project-based rental assistance

    For activities and assistance for the provision of project-based 
subsidy contracts under the United States Housing Act of 1937 (42 
U.S.C. 1437 et seq.) (``the Act''), not otherwise provided for, 
$8,157,853,000, to remain available until expended, shall be available 
on October 1, 2009, and $393,672,000, to remain available until 
expended, shall be available on October 1, 2010: Provided, That the 
amounts made available under this heading are provided as follows:
        (1) Up to $8,325,853,000 shall be available for expiring or 
    terminating section 8 project-based subsidy contracts (including 
    section 8 moderate rehabilitation contracts), for amendments to 
    section 8 project-based subsidy contracts (including section 8 
    moderate rehabilitation contracts), for contracts entered into 
    pursuant to section 441 of the McKinney-Vento Homeless Assistance 
    Act (42 U.S.C. 11401), for renewal of section 8 contracts for units 
    in projects that are subject to approved plans of action under the 
    Emergency Low Income Housing Preservation Act of 1987 or the Low-
    Income Housing Preservation and Resident Homeownership Act of 1990, 
    and for administrative and other expenses associated with project-
    based activities and assistance funded under this paragraph.
        (2) Not less than $232,000,000 but not to exceed $258,000,000 
    shall be available for performance-based contract administrators 
    for section 8 project-based assistance: Provided, That the 
    Secretary of Housing and Urban Development may also use such 
    amounts for performance-based contract administrators for the 
    administration of: interest reduction payments pursuant to section 
    236(a) of the National Housing Act (12 U.S.C. 1715z-1(a)); rent 
    supplement payments pursuant to section 101 of the Housing and 
    Urban Development Act of 1965 (12 U.S.C. 1701s); section 236(f)(2) 
    rental assistance payments (12 U.S.C. 1715z-1(f)(2)); project 
    rental assistance contracts for the elderly under section 202(c)(2) 
    of the Housing Act of 1959 (12 U.S.C. 1701q); project rental 
    assistance contracts for supportive housing for persons with 
    disabilities under section 811(d)(2) of the Cranston-Gonzalez 
    National Affordable Housing Act (42 U.S.C. 8013(d)(2)); project 
    assistance contracts pursuant to section 202(h) of the Housing Act 
    of 1959 (Public Law 86-372; 73 Stat. 667); and loans under section 
    202 of the Housing Act of 1959 (Public Law 86-372; 73 Stat. 667).
        (3) Amounts recaptured under this heading, the heading ``Annual 
    Contributions for Assisted Housing'', or the heading ``Housing 
    Certificate Fund'' may be used for renewals of or amendments to 
    section 8 project-based contracts or for performance-based contract 
    administrators, notwithstanding the purposes for which such amounts 
    were appropriated.

                        housing for the elderly

    For capital advances, including amendments to capital advance 
contracts, for housing for the elderly, as authorized by section 202 of 
the Housing Act of 1959, as amended, and for project rental assistance 
for the elderly under section 202(c)(2) of such Act, including 
amendments to contracts for such assistance and renewal of expiring 
contracts for such assistance for up to a 1-year term, and for 
supportive services associated with the housing, $825,000,000, to 
remain available until September 30, 2013, of which up to $582,000,000 
shall be for capital advance and project-based rental assistance 
awards: Provided, That amounts for project rental assistance contracts 
are to remain available for the liquidation of valid obligations for 10 
years following the date of such obligation:  Provided further, That of 
the amount provided under this heading, up to $90,000,000 shall be for 
service coordinators and the continuation of existing congregate 
service grants for residents of assisted housing projects, and of which 
up to $40,000,000 shall be for grants under section 202b of the Housing 
Act of 1959 (12 U.S.C. 1701q-2) for conversion of eligible projects 
under such section to assisted living or related use and for 
substantial and emergency capital repairs as determined by the 
Secretary: Provided further, That of the amount made available under 
this heading, $20,000,000 shall be available to the Secretary of 
Housing and Urban Development only for making competitive grants to 
private nonprofit organizations and consumer cooperatives for covering 
costs of architectural and engineering work, site control, and other 
planning relating to the development of supportive housing for the 
elderly that is eligible for assistance under section 202 of the 
Housing Act of 1959 (12 U.S.C. 1701q): Provided further, That amounts 
under this heading shall be available for Real Estate Assessment Center 
inspections and inspection-related activities associated with section 
202 capital advance projects: Provided further, That the Secretary may 
waive the provisions of section 202 governing the terms and conditions 
of project rental assistance, except that the initial contract term for 
such assistance shall not exceed 5 years in duration.

                 housing for persons with disabilities

    For capital advance contracts, including amendments to capital 
advance contracts, for supportive housing for persons with 
disabilities, as authorized by section 811 of the Cranston-Gonzalez 
National Affordable Housing Act (42 U.S.C. 8013), for project rental 
assistance for supportive housing for persons with disabilities under 
section 811(d)(2) of such Act, including amendments to contracts for 
such assistance and renewal of expiring contracts for such assistance 
for up to a 1-year term, and for supportive services associated with 
the housing for persons with disabilities as authorized by section 
811(b)(1) of such Act, and for tenant-based rental assistance contracts 
entered into pursuant to section 811 of such Act, $300,000,000, of 
which up to $186,000,000 shall be for capital advances and project-
based rental assistance contracts, to remain available until September 
30, 2013: Provided, That amounts for project rental assistance 
contracts are to remain available for the liquidation of valid 
obligations for 10 years following the date of such obligation:  
Provided further, That, of the amount provided under this heading, 
$87,100,000 shall be for amendments or renewal of tenant-based 
assistance contracts entered into prior to fiscal year 2005 (only one 
amendment authorized for any such contract): Provided further, That all 
tenant-based assistance made available under this heading shall 
continue to remain available only to persons with disabilities: 
Provided further, That the Secretary may waive the provisions of 
section 811 governing the terms and conditions of project rental 
assistance and tenant-based assistance, except that the initial 
contract term for such assistance shall not exceed 5 years in duration: 
Provided further, That amounts made available under this heading shall 
be available for Real Estate Assessment Center inspections and 
inspection-related activities associated with section 811 Capital 
Advance Projects.

                     Housing Counseling Assistance

    For contracts, grants, and other assistance excluding loans, as 
authorized under section 106 of the Housing and Urban Development Act 
of 1968, as amended, $87,500,000, including up to $2,500,000 for 
administrative contract services, to remain available until September 
30, 2011: Provided, That funds shall be used for providing counseling 
and advice to tenants and homeowners, both current and prospective, 
with respect to property maintenance, financial management/literacy, 
and such other matters as may be appropriate to assist them in 
improving their housing conditions, meeting their financial needs, and 
fulfilling the responsibilities of tenancy or homeownership; for 
program administration; and for housing counselor training: Provided 
further, That of the amounts made available under this heading, not 
less than $13,500,000 shall be awarded to HUD-certified housing 
counseling agencies located in the 100 metropolitan statistical areas 
with the highest rate of home foreclosures for the purpose of assisting 
homeowners with inquiries regarding mortgage-modification assistance 
and mortgage scams.

                         energy innovation fund

    For an Energy Innovation Fund to enable the Federal Housing 
Administration and the new Office of Sustainability to catalyze 
innovations in the residential energy efficiency sector that have 
promise of replicability and help create a standardized home energy 
efficient retrofit market, $50,000,000, to remain available until 
September 30, 2013: Provided, That $25,000,000 shall be for the Energy 
Efficient Mortgage Innovation pilot program, directed at the single 
family housing market: Provided further, That $25,000,000 shall be for 
the Multifamily Energy Pilot, directed at the multifamily housing 
market.

                    other assisted housing programs

                       rental housing assistance

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

                            rent supplement

                              (rescission)

    Of the amounts recaptured from terminated contracts under section 
101 of the Housing and Urban Development Act of 1965 (12 U.S.C. 1701s) 
and section 236 of the National Housing Act (12 U.S.C. 1715z-1) 
$72,036,000 are rescinded: Provided, That no amounts may be rescinded 
from amounts that were designated by the Congress as an emergency 
requirement pursuant to the Concurrent Resolution on the Budget or the 
Balanced Budget and Emergency Deficit Control Act of 1985, as amended.

            payment to manufactured housing fees trust fund

    For necessary expenses as authorized by the National Manufactured 
Housing Construction and Safety Standards Act of 1974 (42 U.S.C. 5401 
et seq.), up to $16,000,000, to remain available until expended, of 
which $7,000,000 is to be derived from the Manufactured Housing Fees 
Trust Fund: Provided, That not to exceed the total amount appropriated 
under this heading shall be available from the general fund of the 
Treasury to the extent necessary to incur obligations and make 
expenditures pending the receipt of collections to the Fund pursuant to 
section 620 of such Act: Provided further, That the amount made 
available under this heading from the general fund shall be reduced as 
such collections are received during fiscal year 2010 so as to result 
in a final fiscal year 2010 appropriation from the general fund 
estimated at not more than $9,000,000 and fees pursuant to such section 
620 shall be modified as necessary to ensure such a final fiscal year 
2010 appropriation: Provided further, That for the dispute resolution 
and installation programs, the Secretary of Housing and Urban 
Development may assess and collect fees from any program participant: 
Provided further, That such collections shall be deposited into the 
Fund, and the Secretary, as provided herein, may use such collections, 
as well as fees collected under section 620, for necessary expenses of 
such Act: Provided further, That notwithstanding the requirements of 
section 620 of such Act, the Secretary may carry out responsibilities 
of the Secretary under such Act through the use of approved service 
providers that are paid directly by the recipients of their services.

                     Federal Housing Administration

               mutual mortgage insurance program account

                     (including transfer of funds)

    During fiscal year 2010, commitments to guarantee single family 
loans insured under the Mutual Mortgage Insurance Fund shall not exceed 
a loan principal of $400,000,000,000: Provided, That for new loans 
guaranteed pursuant to section 255 of the National Housing Act (12 
U.S.C. 1715z-20), the Secretary shall adjust the factors used to 
calculate the principal limit (as such term is defined in HUD Handbook 
4235.1) that were assumed in the President's Budget Request for 2010 
for such loans, as necessary to ensure that the program operates at a 
net zero subsidy rate: Provided further, That during fiscal year 2010, 
obligations to make direct loans to carry out the purposes of section 
204(g) of the National Housing Act, as amended, shall not exceed 
$50,000,000: Provided further, That the foregoing amount shall be for 
loans to nonprofit and governmental entities in connection with sales 
of single family real properties owned by the Secretary and formerly 
insured under the Mutual Mortgage Insurance Fund. For administrative 
contract expenses of the Federal Housing Administration, $188,900,000, 
of which up to $70,794,000 may be transferred to the Working Capital 
Fund, and of which up to $7,500,000 shall be for education and outreach 
of FHA single family loan products: Provided further, That to the 
extent guaranteed loan commitments exceed $200,000,000,000 on or before 
April 1, 2010, an additional $1,400 for administrative contract 
expenses shall be available for each $1,000,000 in additional 
guaranteed loan commitments (including a pro rata amount for any amount 
below $1,000,000), but in no case shall funds made available by this 
proviso exceed $30,000,000.

                general and special risk program account

    For the cost of guaranteed loans, as authorized by sections 238 and 
519 of the National Housing Act (12 U.S.C. 1715z-3 and 1735c), 
including the cost of loan guarantee modifications, as that term is 
defined in section 502 of the Congressional Budget Act of 1974, as 
amended, $8,600,000, to remain available until expended: Provided, That 
commitments to guarantee loans shall not exceed $15,000,000,000 in 
total loan principal, any part of which is to be guaranteed.
    Gross obligations for the principal amount of direct loans, as 
authorized by sections 204(g), 207(l), 238, and 519(a) of the National 
Housing Act, shall not exceed $20,000,000, which shall be for loans to 
nonprofit and governmental entities in connection with the sale of 
single-family real properties owned by the Secretary and formerly 
insured under such Act.

                Government National Mortgage Association

guarantees of mortgage-backed securities loan guarantee program account

    New commitments to issue guarantees to carry out the purposes of 
section 306 of the National Housing Act, as amended (12 U.S.C. 
1721(g)), shall not exceed $500,000,000,000, to remain available until 
September 30, 2011.

                    Policy Development and Research

                        research and technology

    For contracts, grants, and necessary expenses of programs of 
research and studies relating to housing and urban problems, not 
otherwise provided for, as authorized by title V of the Housing and 
Urban Development Act of 1970 (12 U.S.C. 1701z-1 et seq.), including 
carrying out the functions of the Secretary of Housing and Urban 
Development under section 1(a)(1)(I) of Reorganization Plan No. 2 of 
1968, $48,000,000, to remain available until September 30, 2011.

                   Fair Housing and Equal Opportunity

                        fair housing activities

    For contracts, grants, and other assistance, not otherwise provided 
for, as authorized by title VIII of the Civil Rights Act of 1968, as 
amended by the Fair Housing Amendments Act of 1988, and section 561 of 
the Housing and Community Development Act of 1987, as amended, 
$72,000,000, to remain available until September 30, 2011, of which 
$42,500,000 shall be to carry out activities pursuant to such section 
561: Provided, That notwithstanding 31 U.S.C. 3302, the Secretary may 
assess and collect fees to cover the costs of the Fair Housing Training 
Academy, and may use such funds to provide such training: Provided 
further, That no funds made available under this heading shall be used 
to lobby the executive or legislative branches of the Federal 
Government in connection with a specific contract, grant or loan: 
Provided further, That of the funds made available under this heading, 
$500,000 shall be available to the Secretary of Housing and Urban 
Development for the creation and promotion of translated materials and 
other programs that support the assistance of persons with limited 
English proficiency in utilizing the services provided by the 
Department of Housing and Urban Development.

            Office of Lead Hazard Control and Healthy Homes

                         lead hazard reduction

    For the Lead Hazard Reduction Program, as Authorized by section 
1011 of the Residential Lead-Based Paint Hazard Reduction Act of 1992, 
$140,000,000, to remain available until September 30, 2011, of which 
not less than $20,000,000 shall be for the Healthy Homes Initiative, 
pursuant to sections 501 and 502 of the Housing and Urban Development 
Act of 1970 that shall include research, studies, testing, and 
demonstration efforts, including education and outreach concerning 
lead-based paint poisoning and other housing-related diseases and 
hazards: Provided, That for purposes of environmental review, pursuant 
to the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
seq.) and other provisions of the law that further the purposes of such 
Act, a grant under the Healthy Homes Initiative, Operation Lead 
Elimination Action Plan (LEAP), or the Lead Technical Studies program 
under this heading or under prior appropriations Acts for such purposes 
under this heading, shall be considered to be funds for a special 
project for purposes of section 305(c) of the Multifamily Housing 
Property Disposition Reform Act of 1994: Provided further, That of the 
total amount made available under this heading, $48,000,000 shall be 
made available on a competitive basis for areas with the highest lead 
paint abatement needs: Provided further, That each recipient of funds 
provided under the second proviso shall make a matching contribution in 
an amount not less than 25 percent: Provided further, That the 
Secretary may waive the matching requirement cited in the preceding 
proviso on a case by case basis if the Secretary determines that such a 
waiver is necessary to advance the purposes of this program: Provided 
further, That each applicant shall submit a detailed plan and strategy 
that demonstrates adequate capacity that is acceptable to the Secretary 
to carry out the proposed use of funds pursuant to a notice of funding 
availability: Provided further, That amounts made available under this 
heading in this or prior appropriations Acts, and that still remain 
available, may be used for any purpose under this heading 
notwithstanding the purpose for which such amounts were appropriated if 
a program competition is undersubscribed and there are other program 
competitions under this heading that are oversubscribed.

                     Management and Administration

                          working capital fund

                     (including transfer of funds)

    For additional capital for the Working Capital Fund (42 U.S.C. 
3535) for the maintenance of infrastructure for Department-wide 
information technology systems, for the continuing operation and 
maintenance of both Department-wide and program-specific information 
systems, and for program-related maintenance activities, $200,000,000, 
to remain available until September 30, 2011: Provided, That any 
amounts transferred to this Fund under this Act shall remain available 
until expended: Provided further, That any amounts transferred to this 
Fund from amounts appropriated by previously enacted appropriations 
Acts or from within this Act may be used only for the purposes 
specified under this Fund, in addition to the purposes for which such 
amounts were appropriated: Provided further, That up to $15,000,000 may 
be transferred to this account from all other accounts in this title 
(except for the Office of the Inspector General account) that make 
funds available for salaries and expenses.

                      office of inspector general

    For necessary salaries and expenses of the Office of Inspector 
General in carrying out the Inspector General Act of 1978, as amended, 
$125,000,000: Provided, That the Inspector General shall have 
independent authority over all personnel issues within this office.

                       transformation initiative

                     (including transfer of funds)

    For necessary expenses for combating mortgage fraud, $20,000,000, 
to remain available until expended.
    In addition, of the amounts made available in this Act under each 
of the following headings under this title, the Secretary may transfer 
to, and merge with, this account up to 1 percent from each such 
account, and such transferred amounts shall be available until 
September 30, 2012, for (1) research, evaluation, and program metrics; 
(2) program demonstrations; (3) technical assistance and capacity 
building; and (4) information technology: ``Public Housing Capital 
Fund'', ``Revitalization of Severely Distressed Public Housing'', 
``Brownfields Redevelopment'', ``Section 108 Loan Guarantees'', 
``Energy Innovation Fund'', ``Housing Opportunities for Persons With 
AIDS'', ``Community Development Fund'', ``HOME Investment Partnerships 
Program'', ``Self-Help and Assisted Homeownership Opportunity 
Program'', ``Housing for the Elderly'', ``Housing for Persons With 
Disabilities'', ``Housing Counseling Assistance'', ``Payment to 
Manufactured Housing Fees Trust Fund'', ``Mutual Mortgage Insurance 
Program Account'', ``General and Special Risk Program Account'', 
``Research and Technology'', ``Lead Hazard Reduction'', ``Rental 
Housing Assistance'', and ``Fair Housing Activities'': Provided, That 
of the amounts made available under this paragraph, not less than 
$80,000,000 and not more than $180,000,000 shall be available for 
information technology modernization, including development and 
deployment of a Next Generation of Voucher Management System and 
development and deployment of modernized Federal Housing Administration 
systems: Provided further, That not more than 25 percent of the funds 
made available for information technology modernization may be 
obligated until the Secretary submits to the Committees on 
Appropriations a plan for expenditure that (1) identifies for each 
modernization project (a) the functional and performance capabilities 
to be delivered and the mission benefits to be realized, (b) the 
estimated lifecycle cost, and (c) key milestones to be met; (2) 
demonstrates that each modernization project is (a) compliant with the 
department's enterprise architecture, (b) being managed in accordance 
with applicable lifecycle management policies and guidance, (c) subject 
to the department's capital planning and investment control 
requirements, and (d) supported by an adequately staffed project 
office; and (3) has been reviewed by the Government Accountability 
Office: Provided further, That of the amounts made available under this 
paragraph, not less than $45,000,000 shall be available for technical 
assistance and capacity building: Provided further, That technical 
assistance activities shall include, technical assistance for HUD 
programs, including HOME, Community Development Block Grant, homeless 
programs, HOPWA, HOPE VI, Public Housing, the Housing Choice Voucher 
Program, Fair Housing Initiative Program, Housing Counseling, Healthy 
Homes, Sustainable Communities, Energy Innovation Fund and other 
technical assistance as determined by the Secretary: Provided further, 
That of the amounts made available for research, evaluation and program 
metrics and program demonstrations, the Secretary shall include an 
assessment of the housing needs of Native Americans, including 
sustainable building practices: Provided further, That of the amounts 
made available for research, evaluation and program metrics and program 
demonstrations, the Secretary shall include an evaluation of the 
Moving-to-Work demonstration program: Provided further, That the 
Secretary shall submit a plan to the House and Senate Committees on 
Appropriations for approval detailing how the funding provided under 
this heading will be allocated to each of the four categories 
identified under this heading and for what projects or activities 
funding will be used: Provided further, That following the initial 
approval of this plan, the Secretary may amend the plan with the 
approval of the House and Senate Committees on Appropriations.

    General Provisions--Department of Housing and Urban Development

    Sec. 201.  Fifty percent of the amounts of budget authority, or in 
lieu thereof 50 percent of the cash amounts associated with such budget 
authority, that are recaptured from projects described in section 
1012(a) of the Stewart B. McKinney Homeless Assistance Amendments Act 
of 1988 (42 U.S.C. 1437 note) shall be rescission or in the case of 
cash, shall be remitted to the Treasury, and such amounts of budget 
authority or cash recaptured and not rescission or remitted to the 
Treasury shall be used by State housing finance agencies or local 
governments or local housing agencies with projects approved by the 
Secretary of Housing and Urban Development for which settlement 
occurred after January 1, 1992, in accordance with such section. 
Notwithstanding the previous sentence, the Secretary may award up to 15 
percent of the budget authority or cash recaptured and not rescission 
or remitted to the Treasury to provide project owners with incentives 
to refinance their project at a lower interest rate.
    Sec. 202.  None of the amounts made available under this Act may be 
used during fiscal year 2010 to investigate or prosecute under the Fair 
Housing Act any otherwise lawful activity engaged in by one or more 
persons, including the filing or maintaining of a non-frivolous legal 
action, that is engaged in solely for the purpose of achieving or 
preventing action by a Government official or entity, or a court of 
competent jurisdiction.
    Sec. 203. (a) Notwithstanding section 854(c)(1)(A) of the AIDS 
Housing Opportunity Act (42 U.S.C. 12903(c)(1)(A)), from any amounts 
made available under this title for fiscal year 2010 that are allocated 
under such section, the Secretary of Housing and Urban Development 
shall allocate and make a grant, in the amount determined under 
subsection (b), for any State that--
        (1) received an allocation in a prior fiscal year under clause 
    (ii) of such section; and
        (2) is not otherwise eligible for an allocation for fiscal year 
    2010 under such clause (ii) because the areas in the State outside 
    of the metropolitan statistical areas that qualify under clause (i) 
    in fiscal year 2010 do not have the number of cases of acquired 
    immunodeficiency syndrome (AIDS) required under such clause.
    (b) The amount of the allocation and grant for any State described 
in subsection (a) shall be an amount based on the cumulative number of 
AIDS cases in the areas of that State that are outside of metropolitan 
statistical areas that qualify under clause (i) of such section 
854(c)(1)(A) in fiscal year 2010, in proportion to AIDS cases among 
cities and States that qualify under clauses (i) and (ii) of such 
section and States deemed eligible under subsection (a).
    (c) Notwithstanding any other provision of law, the amount 
allocated for fiscal year 2010 under section 854(c) of the AIDS Housing 
Opportunity Act (42 U.S.C. 12903(c)), to the City of New York, New 
York, on behalf of the New York-Wayne-White Plains, New York-New Jersey 
Metropolitan Division (hereafter ``metropolitan division'') of the New 
York-Newark-Edison, NY-NJ-PA Metropolitan Statistical Area, shall be 
adjusted by the Secretary of Housing and Urban Development by: (1) 
allocating to the City of Jersey City, New Jersey, the proportion of 
the metropolitan area's or division's amount that is based on the 
number of cases of AIDS reported in the portion of the metropolitan 
area or division that is located in Hudson County, New Jersey, and 
adjusting for the proportion of the metropolitan division's high 
incidence bonus if this area in New Jersey also has a higher than 
average per capita incidence of AIDS; and (2) allocating to the City of 
Paterson, New Jersey, the proportion of the metropolitan area's or 
division's amount that is based on the number of cases of AIDS reported 
in the portion of the metropolitan area or division that is located in 
Bergen County and Passaic County, New Jersey, and adjusting for the 
proportion of the metropolitan division's high incidence bonus if this 
area in New Jersey also has a higher than average per capita incidence 
of AIDS. The recipient cities shall use amounts allocated under this 
subsection to carry out eligible activities under section 855 of the 
AIDS Housing Opportunity Act (42 U.S.C. 12904) in their respective 
portions of the metropolitan division that is located in New Jersey.
    (d) Notwithstanding any other provision of law, the amount 
allocated for fiscal year 2010 under section 854(c) of the AIDS Housing 
Opportunity Act (42 U.S.C. 12903(c)) to areas with a higher than 
average per capita incidence of AIDS, shall be adjusted by the 
Secretary on the basis of area incidence reported over a 3-year period.
    Sec. 204.  Except as explicitly provided in law, any grant, 
cooperative agreement or other assistance made pursuant to title II of 
this Act shall be made on a competitive basis and in accordance with 
section 102 of the Department of Housing and Urban Development Reform 
Act of 1989 (42 U.S.C. 3545).
    Sec. 205.  Funds of the Department of Housing and Urban Development 
subject to the Government Corporation Control Act or section 402 of the 
Housing Act of 1950 shall be available, without regard to the 
limitations on administrative expenses, for legal services on a 
contract or fee basis, and for utilizing and making payment for 
services and facilities of the Federal National Mortgage Association, 
Government National Mortgage Association, Federal Home Loan Mortgage 
Corporation, Federal Financing Bank, Federal Reserve banks or any 
member thereof, Federal Home Loan banks, and any insured bank within 
the meaning of the Federal Deposit Insurance Corporation Act, as 
amended (12 U.S.C. 1811-1).
    Sec. 206.  Unless otherwise provided for in this Act or through a 
reprogramming of funds, no part of any appropriation for the Department 
of Housing and Urban Development shall be available for any program, 
project or activity in excess of amounts set forth in the budget 
estimates submitted to Congress.
    Sec. 207.  Corporations and agencies of the Department of Housing 
and Urban Development which are subject to the Government Corporation 
Control Act, are hereby authorized to make such expenditures, within 
the limits of funds and borrowing authority available to each such 
corporation or agency and in accordance with law, and to make such 
contracts and commitments without regard to fiscal year limitations as 
provided by section 104 of such Act as may be necessary in carrying out 
the programs set forth in the budget for 2010 for such corporation or 
agency except as hereinafter provided: Provided, That collections of 
these corporations and agencies may be used for new loan or mortgage 
purchase commitments only to the extent expressly provided for in this 
Act (unless such loans are in support of other forms of assistance 
provided for in this or prior appropriations Acts), except that this 
proviso shall not apply to the mortgage insurance or guaranty 
operations of these corporations, or where loans or mortgage purchases 
are necessary to protect the financial interest of the United States 
Government.
    Sec. 208.  The Secretary of Housing and Urban Development shall 
provide quarterly reports to the House and Senate Committees on 
Appropriations regarding all uncommitted, unobligated, recaptured and 
excess funds in each program and activity within the jurisdiction of 
the Department and shall submit additional, updated budget information 
to these Committees upon request.
    Sec. 209. (a) Notwithstanding any other provision of law, the 
amount allocated for fiscal year 2010 under section 854(c) of the AIDS 
Housing Opportunity Act (42 U.S.C. 12903(c)), to the City of 
Wilmington, Delaware, on behalf of the Wilmington, Delaware-Maryland-
New Jersey Metropolitan Division (hereafter ``metropolitan division''), 
shall be adjusted by the Secretary of Housing and Urban Development by 
allocating to the State of New Jersey the proportion of the 
metropolitan division's amount that is based on the number of cases of 
AIDS reported in the portion of the metropolitan division that is 
located in New Jersey, and adjusting for the proportion of the 
metropolitan division's high incidence bonus if this area in New Jersey 
also has a higher than average per capita incidence of AIDS. The State 
of New Jersey shall use amounts allocated to the State under this 
subsection to carry out eligible activities under section 855 of the 
AIDS Housing Opportunity Act (42 U.S.C. 12904) in the portion of the 
metropolitan division that is located in New Jersey.
    (b) Notwithstanding any other provision of law, the Secretary of 
Housing and Urban Development shall allocate to Wake County, North 
Carolina, the amounts that otherwise would be allocated for fiscal year 
2010 under section 854(c) of the AIDS Housing Opportunity Act (42 
U.S.C. 12903(c)) to the City of Raleigh, North Carolina, on behalf of 
the Raleigh-Cary, North Carolina Metropolitan Statistical Area. Any 
amounts allocated to Wake County shall be used to carry out eligible 
activities under section 855 of such Act (42 U.S.C. 12904) within such 
metropolitan statistical area.
    (c) Notwithstanding section 854(c) of the AIDS Housing Opportunity 
Act (42 U.S.C. 12903(c)), the Secretary of Housing and Urban 
Development may adjust the allocation of the amounts that otherwise 
would be allocated for fiscal year 2010 under section 854(c) of such 
Act, upon the written request of an applicant, in conjunction with the 
State(s), for a formula allocation on behalf of a metropolitan 
statistical area, to designate the State or States in which the 
metropolitan statistical area is located as the eligible grantee(s) of 
the allocation. In the case that a metropolitan statistical area 
involves more than one State, such amounts allocated to each State 
shall be in proportion to the number of cases of AIDS reported in the 
portion of the metropolitan statistical area located in that State. Any 
amounts allocated to a State under this section shall be used to carry 
out eligible activities within the portion of the metropolitan 
statistical area located in that State.
    Sec. 210.  The President's formal budget request for fiscal year 
2011, as well as the Department of Housing and Urban Development's 
congressional budget justifications to be submitted to the Committees 
on Appropriations of the House of Representatives and the Senate, shall 
use the identical account and sub-account structure provided under this 
Act.
    Sec. 211.  A public housing agency or such other entity that 
administers Federal housing assistance for the Housing Authority of the 
county of Los Angeles, California, the States of Alaska, Iowa, and 
Mississippi shall not be required to include a resident of public 
housing or a recipient of assistance provided under section 8 of the 
United States Housing Act of 1937 on the board of directors or a 
similar governing board of such agency or entity as required under 
section (2)(b) of such Act. Each public housing agency or other entity 
that administers Federal housing assistance under section 8 for the 
Housing Authority of the county of Los Angeles, California and the 
States of Alaska, Iowa and Mississippi that chooses not to include a 
resident of Public Housing or a recipient of section 8 assistance on 
the board of directors or a similar governing board shall establish an 
advisory board of not less than six residents of public housing or 
recipients of section 8 assistance to provide advice and comment to the 
public housing agency or other administering entity on issues related 
to public housing and section 8. Such advisory board shall meet not 
less than quarterly.
    Sec. 212. (a) Notwithstanding any other provision of law, subject 
to the conditions listed in subsection (b), for fiscal years 2010 and 
2011, the Secretary of Housing and Urban Development may authorize the 
transfer of some or all project-based assistance, debt and statutorily 
required low-income and very low-income use restrictions, associated 
with one or more multifamily housing project to another multifamily 
housing project or projects.
    (b) The transfer authorized in subsection (a) is subject to the 
following conditions:
        (1) The number of low-income and very low-income units and the 
    net dollar amount of Federal assistance provided by the 
    transferring project shall remain the same in the receiving project 
    or projects.
        (2) The transferring project shall, as determined by the 
    Secretary, be either physically obsolete or economically non-
    viable.
        (3) The receiving project or projects shall meet or exceed 
    applicable physical standards established by the Secretary.
        (4) The owner or mortgagor of the transferring project shall 
    notify and consult with the tenants residing in the transferring 
    project and provide a certification of approval by all appropriate 
    local governmental officials.
        (5) The tenants of the transferring project who remain eligible 
    for assistance to be provided by the receiving project or projects 
    shall not be required to vacate their units in the transferring 
    project or projects until new units in the receiving project are 
    available for occupancy.
        (6) The Secretary determines that this transfer is in the best 
    interest of the tenants.
        (7) If either the transferring project or the receiving project 
    or projects meets the condition specified in subsection (c)(2)(A), 
    any lien on the receiving project resulting from additional 
    financing obtained by the owner shall be subordinate to any FHA-
    insured mortgage lien transferred to, or placed on, such project by 
    the Secretary.
        (8) If the transferring project meets the requirements of 
    subsection (c)(2)(E), the owner or mortgagor of the receiving 
    project or projects shall execute and record either a continuation 
    of the existing use agreement or a new use agreement for the 
    project where, in either case, any use restrictions in such 
    agreement are of no lesser duration than the existing use 
    restrictions.
        (9) Any financial risk to the FHA General and Special Risk 
    Insurance Fund, as determined by the Secretary, would be reduced as 
    a result of a transfer completed under this section.
        (10) The Secretary determines that Federal liability with 
    regard to this project will not be increased.
    (c) For purposes of this section--
        (1) the terms ``low-income'' and ``very low-income'' shall have 
    the meanings provided by the statute and/or regulations governing 
    the program under which the project is insured or assisted;
        (2) the term ``multifamily housing project'' means housing that 
    meets one of the following conditions--
            (A) housing that is subject to a mortgage insured under the 
        National Housing Act;
            (B) housing that has project-based assistance attached to 
        the structure including projects undergoing mark to market debt 
        restructuring under the Multifamily Assisted Housing Reform and 
        Affordability Housing Act;
            (C) housing that is assisted under section 202 of the 
        Housing Act of 1959 as amended by section 801 of the Cranston-
        Gonzales National Affordable Housing Act;
            (D) housing that is assisted under section 202 of the 
        Housing Act of 1959, as such section existed before the 
        enactment of the Cranston-Gonzales National Affordable Housing 
        Act; or
            (E) housing or vacant land that is subject to a use 
        agreement;
        (3) the term ``project-based assistance'' means--
            (A) assistance provided under section 8(b) of the United 
        States Housing Act of 1937;
            (B) assistance for housing constructed or substantially 
        rehabilitated pursuant to assistance provided under section 
        8(b)(2) of such Act (as such section existed immediately before 
        October 1, 1983);
            (C) rent supplement payments under section 101 of the 
        Housing and Urban Development Act of 1965;
            (D) interest reduction payments under section 236 and/or 
        additional assistance payments under section 236(f)(2) of the 
        National Housing Act; and
            (E) assistance payments made under section 202(c)(2) of the 
        Housing Act of 1959;
        (4) the term ``receiving project or projects'' means the 
    multifamily housing project or projects to which some or all of the 
    project-based assistance, debt, and statutorily required use low-
    income and very low-income restrictions are to be transferred;
        (5) the term ``transferring project'' means the multifamily 
    housing project which is transferring some or all of the project-
    based assistance, debt and the statutorily required low-income and 
    very low-income use restrictions to the receiving project or 
    projects; and
        (6) the term ``Secretary'' means the Secretary of Housing and 
    Urban Development.
    Sec. 213.  The funds made available for Native Alaskans under the 
heading ``Native American Housing Block Grants'' in title III of this 
Act shall be allocated to the same Native Alaskan housing block grant 
recipients that received funds in fiscal year 2005.
    Sec. 214.  No funds provided under this title may be used for an 
audit of the Government National Mortgage Association that makes 
applicable requirements under the Federal Credit Reform Act of 1990 (2 
U.S.C. 661 et seq.).
    Sec. 215. (a) No assistance shall be provided under section 8 of 
the United States Housing Act of 1937 (42 U.S.C. 1437f) to any 
individual who--
        (1) is enrolled as a student at an institution of higher 
    education (as defined under section 102 of the Higher Education Act 
    of 1965 (20 U.S.C. 1002));
        (2) is under 24 years of age;
        (3) is not a veteran;
        (4) is unmarried;
        (5) does not have a dependent child;
        (6) is not a person with disabilities, as such term is defined 
    in section 3(b)(3)(E) of the United States Housing Act of 1937 (42 
    U.S.C. 1437a(b)(3)(E)) and was not receiving assistance under such 
    section 8 as of November 30, 2005; and
        (7) is not otherwise individually eligible, or has parents who, 
    individually or jointly, are not eligible, to receive assistance 
    under section 8 of the United States Housing Act of 1937 (42 U.S.C. 
    1437f).
    (b) For purposes of determining the eligibility of a person to 
receive assistance under section 8 of the United States Housing Act of 
1937 (42 U.S.C. 1437f), any financial assistance (in excess of amounts 
received for tuition) that an individual receives under the Higher 
Education Act of 1965 (20 U.S.C. 1001 et seq.), from private sources, 
or an institution of higher education (as defined under the Higher 
Education Act of 1965 (20 U.S.C. 1002)), shall be considered income to 
that individual, except for a person over the age of 23 with dependent 
children.
    Sec. 216.  Notwithstanding the limitation in the first sentence of 
section 255(g) of the National Housing Act (12 U.S.C. 1715z-g)), the 
Secretary of Housing and Urban Development may, until September 30, 
2010, insure and enter into commitments to insure mortgages under 
section 255(g) of the National Housing Act (12 U.S.C. 1715z-20).
    Sec. 217.  Notwithstanding any other provision of law, in fiscal 
year 2010, in managing and disposing of any multifamily property that 
is owned or has a mortgage held by the Secretary of Housing and Urban 
Development, the Secretary shall maintain any rental assistance 
payments under section 8 of the United States Housing Act of 1937 and 
other programs that are attached to any dwelling units in the property. 
To the extent the Secretary determines, in consultation with the 
tenants and the local government, that such a multifamily property 
owned or held by the Secretary is not feasible for continued rental 
assistance payments under such section 8 or other programs, based on 
consideration of (1) the costs of rehabilitating and operating the 
property and all available Federal, State, and local resources, 
including rent adjustments under section 524 of the Multifamily 
Assisted Housing Reform and Affordability Act of 1997 (``MAHRAA'') and 
(2) environmental conditions that cannot be remedied in a cost-
effective fashion, the Secretary may, in consultation with the tenants 
of that property, contract for project-based rental assistance payments 
with an owner or owners of other existing housing properties, or 
provide other rental assistance. The Secretary shall also take 
appropriate steps to ensure that project-based contracts remain in 
effect prior to foreclosure, subject to the exercise of contractual 
abatement remedies to assist relocation of tenants for imminent major 
threats to health and safety. After disposition of any multifamily 
property described under this section, the contract and allowable rent 
levels on such properties shall be subject to the requirements under 
section 524 of MAHRAA.
    Sec. 218.  During fiscal year 2010, in the provision of rental 
assistance under section 8(o) of the United States Housing Act of 1937 
(42 U.S.C. 1437f(o)) in connection with a program to demonstrate the 
economy and effectiveness of providing such assistance for use in 
assisted living facilities that is carried out in the counties of the 
State of Michigan notwithstanding paragraphs (3) and (18)(B)(iii) of 
such section 8(o), a family residing in an assisted living facility in 
any such county, on behalf of which a public housing agency provides 
assistance pursuant to section 8(o)(18) of such Act, may be required, 
at the time the family initially receives such assistance, to pay rent 
in an amount exceeding 40 percent of the monthly adjusted income of the 
family by such a percentage or amount as the Secretary of Housing and 
Urban Development determines to be appropriate.
    Sec. 219.  The Secretary of Housing and Urban Development shall 
report quarterly to the House of Representatives and Senate Committees 
on Appropriations on HUD's use of all sole source contracts, including 
terms of the contracts, cost, and a substantive rationale for using a 
sole source contract.
    Sec. 220.  Notwithstanding any other provision of law, the 
recipient of a grant under section 202b of the Housing Act of 1959 (12 
U.S.C. 1701q) after December 26, 2000, in accordance with the 
unnumbered paragraph at the end of section 202(b) of such Act, may, at 
its option, establish a single-asset nonprofit entity to own the 
project and may lend the grant funds to such entity, which may be a 
private nonprofit organization described in section 831 of the American 
Homeownership and Economic Opportunity Act of 2000.
    Sec. 221. (a) The amounts provided under the subheading ``Program 
Account'' under the heading ``Community Development Loan Guarantees'' 
may be used to guarantee, or make commitments to guarantee, notes, or 
other obligations issued by any State on behalf of non-entitlement 
communities in the State in accordance with the requirements of section 
108 of the Housing and Community Development Act of 1974: Provided, 
That, any State receiving such a guarantee or commitment shall 
distribute all funds subject to such guarantee to the units of general 
local government in non-entitlement areas that received the commitment.
    (b) Not later than 60 days after the date of enactment of this Act, 
the Secretary of Housing and Urban Development shall promulgate 
regulations governing the administration of the funds described under 
subsection (a).
    Sec. 222.  Section 24 of the United States Housing Act of 1937 (42 
U.S.C. 1437v) is amended--
        (1) in subsection (m)(1), by striking ``fiscal year'' and all 
    that follows through the period at the end and inserting ``fiscal 
    year 2010.''; and
        (2) in subsection (o), by striking ``September'' and all that 
    follows through the period at the end and inserting ``September 30, 
    2010.''.
    Sec. 223.  Public housing agencies that own and operate 400 or 
fewer public housing units may elect to be exempt from any asset 
management requirement imposed by the Secretary of Housing and Urban 
Development in connection with the operating fund rule: Provided, That 
an agency seeking a discontinuance of a reduction of subsidy under the 
operating fund formula shall not be exempt from asset management 
requirements.
    Sec. 224.  With respect to the use of amounts provided in this Act 
and in future Acts for the operation, capital improvement and 
management of public housing as authorized by sections 9(d) and 9(e) of 
the United States Housing Act of 1937 (42 U.S.C. 1437g(d) and (e)), the 
Secretary shall not impose any requirement or guideline relating to 
asset management that restricts or limits in any way the use of capital 
funds for central office costs pursuant to section 9(g)(1) or 9(g)(2) 
of the United States Housing Act of 1937 (42 U.S.C. 1437g(g)(1), (2)): 
Provided, That a public housing agency may not use capital funds 
authorized under section 9(d) for activities that are eligible under 
section 9(e) for assistance with amounts from the operating fund in 
excess of the amounts permitted under section 9(g)(1) or 9(g)(2).
    Sec. 225.  No official or employee of the Department of Housing and 
Urban Development shall be designated as an allotment holder unless the 
Office of the Chief Financial Officer has determined that such 
allotment holder has implemented an adequate system of funds control 
and has received training in funds control procedures and directives. 
The Chief Financial Officer shall ensure that, not later than 90 days 
after the date of enactment of this Act, a trained allotment holder 
shall be designated for each HUD subaccount under the headings 
``Executive Direction'' and heading ``Administration, Operations, and 
Management'' as well as each account receiving appropriations for 
``personnel compensation and benefits'' within the Department of 
Housing and Urban Development.
    Sec. 226.  The Secretary of Housing and Urban Development shall 
report quarterly to the House of Representatives and Senate Committees 
on Appropriations on the status of all section 8 project-based housing, 
including the number of all project-based units by region as well as an 
analysis of all federally subsidized housing being refinanced under the 
Mark-to-Market program. The Secretary shall in the report identify all 
existing units maintained by region as section 8 project-based units 
and all project-based units that have opted out of section 8 or have 
otherwise been eliminated as section 8 project-based units. The 
Secretary shall identify in detail and by project all the efforts made 
by the Department to preserve all section 8 project-based housing units 
and all the reasons for any units which opted out or otherwise were 
lost as section 8 project-based units. Such analysis shall include a 
review of the impact of the loss of any subsidized units in that 
housing marketplace, such as the impact of cost and the loss of 
available subsidized, low-income housing in areas with scarce housing 
resources for low-income families.
    Sec. 227.  Payment of attorney fees in program-related litigation 
must be paid from individual program office personnel benefits and 
compensation funding. The annual budget submission for program office 
personnel benefit and compensation funding must include program-related 
litigation costs for attorney fees as a separate line item request.
    Sec. 228.  The Secretary of the Department of Housing and Urban 
Development shall for Fiscal Year 2010 and subsequent fiscal years, 
notify the public through the Federal Register and other means, as 
determined appropriate, of the issuance of a notice of the availability 
of assistance or notice of funding availability (NOFA) for any program 
or discretionary fund administered by the Secretary that is to be 
competitively awarded. Notwithstanding any other provision of law, for 
Fiscal Year 2010 and subsequent fiscal years, the Secretary may make 
the NOFA available only on the Internet at the appropriate government 
website or websites or through other electronic media, as determined by 
the Secretary.
    Sec. 229. (a) Approval of Prepayment of Debt.--Upon request of the 
project sponsor of a project assisted with a loan under section 202 of 
the Housing Act of 1959 (as in effect before the enactment of the 
Cranston-Gonzalez National Affordable Housing Act), for which the 
Secretary's consent to prepayment is required, the Secretary shall 
approve the prepayment of any indebtedness to the Secretary relating to 
any remaining principal and interest under the loan as part of a 
prepayment plan under which--
        (1) the project sponsor agrees to operate the project until the 
    maturity date of the original loan under terms at least as 
    advantageous to existing and future tenants as the terms required 
    by the original loan agreement or any project-based rental 
    assistance payments contract under section 8 of the United States 
    Housing Act of 1937 (or any other project-based rental housing 
    assistance programs of the Department of Housing and Urban 
    Development, including the rent supplement program under section 
    101 of the Housing and Urban Development Act of 1965 (12 U.S.C. 
    1701s)) or any successor project-based rental assistance program, 
    except as provided by subsection (a)(2)(B); and
        (2) the prepayment may involve refinancing of the loan if such 
    refinancing results--
            (A) in a lower interest rate on the principal of the loan 
        for the project and in reductions in debt service related to 
        such loan; or
            (B) in the case of a project that is assisted with a loan 
        under such section 202 carrying an interest rate of 6 percent 
        or lower, a transaction under which--
                (i) the project owner shall address the physical needs 
            of the project;
                (ii) the prepayment plan for the transaction, including 
            the refinancing, shall meet a cost benefit analysis, as 
            established by the Secretary, that the benefit of the 
            transaction outweighs the cost of the transaction including 
            any increases in rent charged to unassisted tenants;
                (iii) the overall cost for providing rental assistance 
            under section 8 for the project (if any) is not increased, 
            except, upon approval by the Secretary to--

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

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

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

                (v) units to be occupied by tenants assisted under 
            section 8(t) of the United States Housing Act of 1937 (42 
            U.S.C. 1437f(t)) shall, upon termination of the occupancy 
            of such tenants, become eligible for project-based 
            assistance under section 8(o)(13) of the United States 
            Housing Act of 1937 (42 U.S.C. 1437f(o)(13)) without regard 
            to the percentage limitations provided in such section; and
                (vi) there shall be a use agreement of 20 years from 
            the date of the maturity date of the original 202 loan for 
            all units, including units to be occupied by tenants 
            assisted under section 8(t) of the United States Housing 
            Act of 1937 (42 U.S.C. 1437f(t)).
    Sec. 230.  No property identified by the Secretary of Housing and 
Urban Development as surplus Federal property for use to assist the 
homeless shall be made available to any homeless group unless the group 
is a member in good standing under any of HUD's homeless assistance 
programs or is in good standing with any other program which receives 
funds from any other Federal or State agency or entity: Provided, That 
an exception may be made for an entity not involved with Federal 
homeless programs to use surplus Federal property for the homeless only 
after the Secretary or another responsible Federal agency has fully and 
comprehensively reviewed all relevant finances of the entity, the track 
record of the entity in assisting the homeless, the ability of the 
entity to manage the property, including all costs, the ability of the 
entity to administer homeless programs in a manner that is effective to 
meet the needs of the homeless population that is expected to use the 
property and any other related issues that demonstrate a commitment to 
assist the homeless: Provided further, That the Secretary shall not 
require the entity to have cash in hand in order to demonstrate 
financial ability but may rely on the entity's prior demonstrated 
fundraising ability or commitments for in-kind donations of goods and 
services: Provided further, That the Secretary shall make all such 
information and its decision regarding the award of the surplus 
property available to the committees of jurisdiction, including a full 
justification of the appropriateness of the use of the property to 
assist the homeless as well as the appropriateness of the group seeking 
to obtain the property to use such property to assist the homeless: 
Provided further, That, this section shall apply to properties in 
fiscal years 2009 and 2010 made available as surplus Federal property 
for use to assist the homeless.
    Sec. 231.  The Secretary of the Department of Housing and Urban 
Development is authorized to transfer up to 5 percent of funds 
appropriated for any account under this title under the heading 
``Personnel Compensation and Benefits'' to any other account under this 
title under the heading ``Personnel Compensation and Benefits'' only 
after such transfer has been submitted to, and received prior written 
approval by, the House and Senate Committees on Appropriations: 
Provided, That, no appropriation for any such account shall be 
increased or decreased by more than 10 percent by all such transfers.
    Sec. 232.  The Secretary of Housing and Urban Development may 
increase, pursuant to this section, the number of Moving-to-Work 
agencies authorized under section 204, title II, of the Departments of 
Veterans Affairs and Housing and Urban Development and Independent 
Agencies Appropriations Act, 1996 (Public Law 104-134; 110 Stat. 1321) 
by adding to the program three Public Housing Agencies that meet the 
following requirements: is a High Performing Agency under the Public 
Housing Assessment System (PHAS). No PHA shall be granted this 
designation through this section that administers in excess of 5,000 
aggregate housing vouchers and public housing units. No PHA granted 
this designation through this section shall receive more funding under 
sections 8 or 9 of the United States Housing Act of 1937 than they 
otherwise would have received absent this designation. In addition to 
other reporting requirements, all Moving-to-Work agencies shall report 
financial data to the Department of Housing and Urban Development as 
specified by the Secretary, so that the effect of Moving-to-Work policy 
changes can be measured.
    Sec. 233.  Notwithstanding any other provision of law, in 
determining the market value of any multifamily real property or 
multifamily loan for any noncompetitive sale to a State or local 
government, the Secretary shall in fiscal year 2010 consider, but not 
be limited to, industry standard appraisal practices, including the 
cost of repairs needed to bring the property into such condition as to 
satisfy minimum State and local code standards and the cost of 
maintaining the affordability restrictions imposed by the Secretary on 
the multifamily real property or multifamily loan.
    Sec. 234.  The Disaster Housing Assistance Programs, administered 
by the Department of Housing and Urban Development, shall be considered 
a ``program of the Department of Housing and Urban Development'' under 
section 904 of the McKinney Act for the purpose of income verifications 
and matching.
    Sec. 235. (a) In General.--The Secretary of Housing and Urban 
Development shall prepare a report, and post such report on the public 
website of the Department of Housing and Urban Development (in this 
section referred to as the ``Department''), regarding the number of 
homes owned by the Department and the budget impact of acquiring, 
maintaining, and selling such homes.
    (b) Content.--The report required by this section shall include--
        (1) the number of residential homes that the Department owned 
    during the years 2004 through 2009;
        (2) an itemized breakdown of the total annual financial impact, 
    including losses and gains from selling homes and maintenance and 
    acquisition of homes, of home ownership by the Department since 
    2004;
        (3) a detailed explanation of the reasons for the ownership by 
    the Department of the homes;
        (4) a list of the 10 urban areas in which the Department owns 
    the most homes and the rate of homelessness in each of those areas; 
    and
        (5) a list of the 10 States in which the Department owns the 
    most homes and the rate of homelessness in each of those States.
    Sec. 236.  The matter under the heading ``Community Development 
Fund'', under the heading ``Community Planning and Development'', under 
the heading ``Department of Housing and Urban Development'' in chapter 
10 of title I of division B of the Consolidated Security, Disaster 
Assistance, and Continuing Appropriations Act, 2009 (Public Law 110-
329; 122 Stat. 3601) is amended by striking ``: Provided further, That 
none of the funds provided under this heading may be used by a State or 
locality as a matching requirement, share, or contribution for any 
other Federal program''.
    This title may be cited as the ``Department of Housing and Urban 
Development Appropriations Act, 2010''.

                               TITLE III

                            RELATED AGENCIES

                              Access Board

                         Salaries and Expenses

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

                      Federal Maritime Commission

                         salaries and expenses

    For necessary expenses of the Federal Maritime Commission as 
authorized by section 201(d) of the Merchant Marine Act, 1936, as 
amended (46 U.S.C. App. 1111), including services as authorized by 5 
U.S.C. 3109; hire of passenger motor vehicles as authorized by 31 
U.S.C. 1343(b); and uniforms or allowances therefore, as authorized by 
5 U.S.C. 5901-5902, $24,135,000: Provided, That not to exceed $2,000 
shall be available for official reception and representation expenses.

                National Railroad Passenger Corporation

                      office of inspector general

                         salaries and expenses

    For necessary expenses of the Office of Inspector General for the 
National Railroad Passenger Corporation to carry out the provisions of 
the Inspector General Act of 1978, as amended, $19,000,000: Provided, 
That the Inspector General shall have all necessary authority, in 
carrying out the duties specified in the Inspector General Act, as 
amended (5 U.S.C. App. 3), to investigate allegations of fraud, 
including false statements to the government (18 U.S.C. 1001), by any 
person or entity that is subject to regulation by the National Railroad 
Passenger Corporation: Provided further, That the Inspector General may 
enter into contracts and other arrangements for audits, studies, 
analyses, and other services with public agencies and with private 
persons, subject to the applicable laws and regulations that govern the 
obtaining of such services within the National Railroad Passenger 
Corporation: Provided further, That the Inspector General may select, 
appoint, and employ such officers and employees as may be necessary for 
carrying out the functions, powers, and duties of the Office of 
Inspector General, subject to the applicable laws and regulations that 
govern such selections, appointments, and employment within Amtrak: 
Provided further, That concurrent with the President's budget request 
for fiscal year 2011, the Inspector General shall submit to the House 
and Senate Committees on Appropriations a budget request for fiscal 
year 2011 in similar format and substance to those submitted by 
executive agencies of the Federal Government.

                  National Transportation Safety Board

                         salaries and expenses

    For necessary expenses of the National Transportation Safety Board, 
including hire of passenger motor vehicles and aircraft; services as 
authorized by 5 U.S.C. 3109, but at rates for individuals not to exceed 
the per diem rate equivalent to the rate for a GS-15; uniforms, or 
allowances therefor, as authorized by law (5 U.S.C. 5901-5902) 
$98,050,000, of which not to exceed $2,000 may be used for official 
reception and representation expenses: Provided, That of the funds 
provided under this heading, $2,416,000 shall remain available through 
September 30, 2011: Provided further, That of the funds provided, up to 
$100,000 shall be provided through reimbursement to the Department of 
Transportation's Office of Inspector General to audit the National 
Transportation Safety Board's financial statements. The amounts made 
available to the National Transportation Safety Board in this Act 
include amounts necessary to make lease payments on an obligation 
incurred in fiscal year 2001 for a capital lease.

                 Neighborhood Reinvestment Corporation

          payment to the neighborhood reinvestment corporation

    For payment to the Neighborhood Reinvestment Corporation for use in 
neighborhood reinvestment activities, as authorized by the Neighborhood 
Reinvestment Corporation Act (42 U.S.C. 8101-8107), $133,000,000, of 
which $5,000,000 shall be for a multi-family rental housing program: 
Provided, That section 605(a) of the Neighborhood Reinvestment 
Corporation Act (42 U.S.C. 8104) is amended by adding at the end of the 
first sentence, prior to the period, ``, except that the board-
appointed officers may be paid salary at a rate not to exceed level II 
of the Executive Schedule'': Provided further, That in addition, 
$35,000,000 shall be made available until expended for capital grants 
to rehabilitate or finance the rehabilitation of affordable housing 
units, including necessary administrative expenses: Provided further, 
That in addition, $65,000,000 shall be made available until expended to 
the Neighborhood Reinvestment Corporation for mortgage foreclosure 
mitigation activities, under the following terms and conditions:
        (1) The Neighborhood Reinvestment Corporation (``NRC''), shall 
    make grants to counseling intermediaries approved by the Department 
    of Housing and Urban Development (HUD) (with match to be determined 
    by the NRC based on affordability and the economic conditions of an 
    area; a match also may be waived by the NRC based on the 
    aforementioned conditions) to provide mortgage foreclosure 
    mitigation assistance primarily to States and areas with high rates 
    of defaults and foreclosures to help eliminate the default and 
    foreclosure of mortgages of owner-occupied single-family homes that 
    are at risk of such foreclosure. Other than areas with high rates 
    of defaults and foreclosures, grants may also be provided to 
    approved counseling intermediaries based on a geographic analysis 
    of the Nation by the NRC which determines where there is a 
    prevalence of mortgages that are risky and likely to fail, 
    including any trends for mortgages that are likely to default and 
    face foreclosure. A State Housing Finance Agency may also be 
    eligible where the State Housing Finance Agency meets all the 
    requirements under this paragraph. A HUD-approved counseling 
    intermediary shall meet certain mortgage foreclosure mitigation 
    assistance counseling requirements, as determined by the NRC, and 
    shall be approved by HUD or the NRC as meeting these requirements.
        (2) Mortgage foreclosure mitigation assistance shall only be 
    made available to homeowners of owner-occupied homes with mortgages 
    in default or in danger of default. These mortgages shall likely be 
    subject to a foreclosure action and homeowners will be provided 
    such assistance that shall consist of activities that are likely to 
    prevent foreclosures and result in the long-term affordability of 
    the mortgage retained pursuant to such activity or another positive 
    outcome for the homeowner. No funds made available under this 
    paragraph may be provided directly to lenders or homeowners to 
    discharge outstanding mortgage balances or for any other direct 
    debt reduction payments.
        (3) The use of Mortgage Foreclosure Mitigation Assistance by 
    approved counseling intermediaries and State Housing Finance 
    Agencies shall involve a reasonable analysis of the borrower's 
    financial situation, an evaluation of the current value of the 
    property that is subject to the mortgage, counseling regarding the 
    assumption of the mortgage by another non-Federal party, counseling 
    regarding the possible purchase of the mortgage by a non-Federal 
    third party, counseling and advice of all likely restructuring and 
    refinancing strategies or the approval of a work-out strategy by 
    all interested parties.
        (4) NRC may provide up to 15 percent of the total funds under 
    this paragraph to its own charter members with expertise in 
    foreclosure prevention counseling, subject to a certification by 
    the NRC that the procedures for selection do not consist of any 
    procedures or activities that could be construed as an unacceptable 
    conflict of interest or have the appearance of impropriety.
        (5) HUD-approved counseling entities and State Housing Finance 
    Agencies receiving funds under this paragraph shall have 
    demonstrated experience in successfully working with financial 
    institutions as well as borrowers facing default, delinquency and 
    foreclosure as well as documented counseling capacity, outreach 
    capacity, past successful performance and positive outcomes with 
    documented counseling plans (including post mortgage foreclosure 
    mitigation counseling), loan workout agreements and loan 
    modification agreements. NRC may use other criteria to demonstrate 
    capacity in underserved areas.
        (6) Of the total amount made available under this paragraph, up 
    to $3,000,000 may be made available to build the mortgage 
    foreclosure and default mitigation counseling capacity of 
    counseling intermediaries through NRC training courses with HUD-
    approved counseling intermediaries and their partners, except that 
    private financial institutions that participate in NRC training 
    shall pay market rates for such training.
        (7) Of the total amount made available under this paragraph, up 
    to 4 percent may be used for associated administrative expenses for 
    the NRC to carry out activities provided under this section.
        (8) Mortgage foreclosure mitigation assistance grants may 
    include a budget for outreach and advertising, and training, as 
    determined by the NRC.
        (9) The NRC shall continue to report bi-annually to the House 
    and Senate Committees on Appropriations as well as the Senate 
    Banking Committee and House Financial Services Committee on its 
    efforts to mitigate mortgage default.

           United States Interagency Council on Homelessness

                           operating expenses

    For necessary expenses (including payment of salaries, authorized 
travel, hire of passenger motor vehicles, the rental of conference 
rooms, and the employment of experts and consultants under section 3109 
of title 5, United States Code) of the United States Interagency 
Council on Homelessness in carrying out the functions pursuant to title 
II of the McKinney-Vento Homeless Assistance Act, as amended, 
$2,450,000.

                                TITLE IV

                      GENERAL PROVISIONS--THIS ACT

    Sec. 401.  Such sums as may be necessary for fiscal year 2010 pay 
raises for programs funded in this Act shall be absorbed within the 
levels appropriated in this Act or previous appropriations Acts.
    Sec. 402.  None of the funds in this Act shall be used for the 
planning or execution of any program to pay the expenses of, or 
otherwise compensate, non-Federal parties intervening in regulatory or 
adjudicatory proceedings funded in this Act.
    Sec. 403.  None of the funds appropriated in this Act shall remain 
available for obligation beyond the current fiscal year, nor may any be 
transferred to other appropriations, unless expressly so provided 
herein.
    Sec. 404.  The expenditure of any appropriation under this Act for 
any consulting service through procurement contract pursuant to section 
3109 of title 5, United States Code, shall be limited to those 
contracts where such expenditures are a matter of public record and 
available for public inspection, except where otherwise provided under 
existing law, or under existing Executive order issued pursuant to 
existing law.
    Sec. 405.  Except as otherwise provided in this Act, none of the 
funds provided in this Act, provided by previous appropriations Acts to 
the agencies or entities funded in this Act that remain available for 
obligation or expenditure in fiscal year 2010, or provided from any 
accounts in the Treasury derived by the collection of fees and 
available to the agencies funded by this Act, shall be available for 
obligation or expenditure through a reprogramming of funds that: (1) 
creates a new program; (2) eliminates a program, project, or activity; 
(3) increases funds or personnel for any program, project, or activity 
for which funds have been denied or restricted by the Congress; (4) 
proposes to use funds directed for a specific activity by either the 
House or Senate Committees on Appropriations for a different purpose; 
(5) augments existing programs, projects, or activities in excess of 
$5,000,000 or 10 percent, whichever is less; (6) reduces existing 
programs, projects, or activities by $5,000,000 or 10 percent, 
whichever is less; or (7) creates, reorganizes, or restructures a 
branch, division, office, bureau, board, commission, agency, 
administration, or department different from the budget justifications 
submitted to the Committees on Appropriations or the table accompanying 
the explanatory statement accompanying this Act, whichever is more 
detailed, unless prior approval is received from the House and Senate 
Committees on Appropriations: Provided, That not later than 60 days 
after the date of enactment of this Act, each agency funded by this Act 
shall submit a report to the Committees on Appropriations of the Senate 
and of the House of Representatives to establish the baseline for 
application of reprogramming and transfer authorities for the current 
fiscal year: Provided further, That the report shall include: (1) a 
table for each appropriation with a separate column to display the 
President's budget request, adjustments made by Congress, adjustments 
due to enacted rescissions, if appropriate, and the fiscal year enacted 
level; (2) a delineation in the table for each appropriation both by 
object class and program, project, and activity as detailed in the 
budget appendix for the respective appropriation; and (3) an 
identification of items of special congressional interest: Provided 
further, That the amount appropriated or limited for salaries and 
expenses for an agency shall be reduced by $100,000 per day for each 
day after the required date that the report has not been submitted to 
the Congress.
    Sec. 406.  Except as otherwise specifically provided by law, not to 
exceed 50 percent of unobligated balances remaining available at the 
end of fiscal year 2010 from appropriations made available for salaries 
and expenses for fiscal year 2010 in this Act, shall remain available 
through September 30, 2011, for each such account for the purposes 
authorized: Provided, That a request shall be submitted to the House 
and Senate Committees on Appropriations for approval prior to the 
expenditure of such funds: Provided further, That these requests shall 
be made in compliance with reprogramming guidelines under section 405 
of this Act.
    Sec. 407.  All Federal agencies and departments that are funded 
under this Act shall issue a report to the House and Senate Committees 
on Appropriations on all sole source contracts by no later than July 
30, 2010. Such report shall include the contractor, the amount of the 
contract and the rationale for using a sole source contract.
    Sec. 408. (a) None of the funds made available in this Act may be 
obligated or expended for any employee training that--
        (1) does not meet identified needs for knowledge, skills, and 
    abilities bearing directly upon the performance of official duties;
        (2) contains elements likely to induce high levels of emotional 
    response or psychological stress in some participants;
        (3) does not require prior employee notification of the content 
    and methods to be used in the training and written end of course 
    evaluation;
        (4) contains any methods or content associated with religious 
    or quasi-religious belief systems or ``new age'' belief systems as 
    defined in Equal Employment Opportunity Commission Notice N-
    915.022, dated September 2, 1988; or
        (5) is offensive to, or designed to change, participants' 
    personal values or lifestyle outside the workplace.
    (b) Nothing in this section shall prohibit, restrict, or otherwise 
preclude an agency from conducting training bearing directly upon the 
performance of official duties.
    Sec. 409.  No funds in this Act may be used to support any Federal, 
State, or local projects that seek to use the power of eminent domain, 
unless eminent domain is employed only for a public use: Provided, That 
for purposes of this section, public use shall not be construed to 
include economic development that primarily benefits private entities: 
Provided further, That any use of funds for mass transit, railroad, 
airport, seaport or highway projects as well as utility projects which 
benefit or serve the general public (including energy-related, 
communication-related, water-related and wastewater-related 
infrastructure), other structures designated for use by the general 
public or which have other common-carrier or public-utility functions 
that serve the general public and are subject to regulation and 
oversight by the government, and projects for the removal of an 
immediate threat to public health and safety or brownsfield as defined 
in the Small Business Liability Relief and Brownsfield Revitalization 
Act (Public Law 107-118) shall be considered a public use for purposes 
of eminent domain.
    Sec. 410.  None of the funds made available in this Act may be 
transferred to any department, agency, or instrumentality of the United 
States Government, except pursuant to a transfer made by, or transfer 
authority provided in, this Act or any other appropriations Act.
    Sec. 411.  No part of any appropriation contained in this Act shall 
be available to pay the salary for any person filling a position, other 
than a temporary position, formerly held by an employee who has left to 
enter the Armed Forces of the United States and has satisfactorily 
completed his period of active military or naval service, and has 
within 90 days after his release from such service or from 
hospitalization continuing after discharge for a period of not more 
than 1 year, made application for restoration to his former position 
and has been certified by the Office of Personnel Management as still 
qualified to perform the duties of his former position and has not been 
restored thereto.
    Sec. 412.  No funds appropriated pursuant to this Act may be 
expended in contravention of sections 2 through 4 of the Act of March 
3, 1933 (41 U.S.C. 10a-10c, popularly known as the ``Buy American 
Act'').
    Sec. 413.  No funds appropriated or otherwise made available under 
this Act shall be made available to any person or entity that has been 
found to violate the Buy American Act (41 U.S.C. 10a-10c).
    Sec. 414.  None of the funds made available in this Act may be used 
for first-class airline accommodations in contravention of sections 
301-10.122 and 301-10.123 of title 41, Code of Federal Regulations.
    Sec. 415.  None of the funds made available in this Act may be used 
to purchase a light bulb for an office building unless the light bulb 
has, to the extent practicable, an Energy Star or Federal Energy 
Management Program designation.
    Sec. 416. (a) Any agency receiving funds made available in this 
Act, shall, subject to subsections (b) and (c), post on the public 
website of that agency any report required to be submitted by the 
Congress in this or any other Act, upon the determination by the head 
of the agency that it shall serve the national interest.
    (b) Subsection (a) shall not apply to a report if--
        (1) the public posting of the report compromises national 
    security; or
        (2) the report contains proprietary information.
    (c) The head of the agency posting such report shall do so only 
after such report has been made available to the requesting Committee 
or Committees of Congress for no less than 45 days.
    Sec. 417.  None of the funds made available in this Act may be used 
to establish, issue, implement, administer, or enforce any prohibition 
or restriction on the establishment or effectiveness of any occupancy 
preference for veterans in supportive housing for the elderly that: (1) 
is provided assistance by the Department of Housing and Urban 
Development; and (2)(A) is or would be located on property of the 
Department of Veterans Affairs; or (B) is subject to an enhanced use 
lease with the Department of Veterans Affairs.
    Sec. 418.  None of the funds made available under this Act or any 
prior Act may be provided to the Association of Community Organizations 
for Reform Now (ACORN), or any of its affiliates, subsidiaries, or 
allied organizations.
    Sec. 419.  Specific projects contained in the report of the 
Committee on Appropriations of the House of Representatives 
accompanying this Act (H. Rept. 111-218) that are considered 
congressional earmarks for purposes of clause 9 of rule XXI of the 
Rules of the House of Representatives, when intended to be awarded to a 
for-profit entity, shall be awarded under a full and open competition.
        
    This division may be cited as the ``Transportation, Housing and 
Urban Development, and Related Agencies Appropriations Act, 2010''.

     DIVISION B--COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES 
                        APPROPRIATIONS ACT, 2010

                                TITLE I

                         DEPARTMENT OF COMMERCE

                   International Trade Administration

                     operations and administration

    For necessary expenses for international trade activities of the 
Department of Commerce provided for by law, and for engaging in trade 
promotional activities abroad, including expenses of grants and 
cooperative agreements for the purpose of promoting exports of United 
States firms, without regard to 44 U.S.C. 3702 and 3703; full medical 
coverage for dependent members of immediate families of employees 
stationed overseas and employees temporarily posted overseas; travel 
and transportation of employees of the International Trade 
Administration between two points abroad, without regard to 49 U.S.C. 
40118; employment of Americans and aliens by contract for services; 
rental of space abroad for periods not exceeding 10 years, and expenses 
of alteration, repair, or improvement; purchase or construction of 
temporary demountable exhibition structures for use abroad; payment of 
tort claims, in the manner authorized in the first paragraph of 28 
U.S.C. 2672 when such claims arise in foreign countries; not to exceed 
$327,000 for official representation expenses abroad; purchase of 
passenger motor vehicles for official use abroad, not to exceed $45,000 
per vehicle; obtaining insurance on official motor vehicles; and rental 
of tie lines, $456,204,000, to remain available until September 30, 
2011, of which $9,439,000 is to be derived from fees to be retained and 
used by the International Trade Administration, notwithstanding 31 
U.S.C. 3302: Provided, That not less than $49,530,000 shall be for 
Manufacturing and Services; not less than $43,212,000 shall be for 
Market Access and Compliance; not less than $68,290,000 shall be for 
the Import Administration; not less than $258,438,000 shall be for the 
Trade Promotion and United States and Foreign Commercial Service; and 
not less than $27,295,000 shall be for Executive Direction and 
Administration: Provided further, That not less than $7,000,000 shall 
be for the Office of China Compliance, and not less than $4,400,000 
shall be for the China Countervailing Duty Group: Provided further, 
That the provisions of the first sentence of section 105(f) and all of 
section 108(c) of the Mutual Educational and Cultural Exchange Act of 
1961 (22 U.S.C. 2455(f) and 2458(c)) shall apply in carrying out these 
activities without regard to section 5412 of the Omnibus Trade and 
Competitiveness Act of 1988 (15 U.S.C. 4912); and that for the purpose 
of this Act, contributions under the provisions of the Mutual 
Educational and Cultural Exchange Act of 1961 shall include payment for 
assessments for services provided as part of these activities: Provided 
further, That negotiations shall be conducted within the World Trade 
Organization to recognize the right of members to distribute monies 
collected from antidumping and countervailing duties: Provided further, 
That negotiations shall be conducted within the World Trade 
Organization consistent with the negotiating objectives contained in 
the Trade Act of 2002, Public Law 107-210: Provided further, That 
within the amounts appropriated, $5,215,000 shall be used for the 
projects, and in the amounts, specified in the explanatory statement 
accompanying this Act.

                    Bureau of Industry and Security

                     operations and administration

    For necessary expenses for export administration and national 
security activities of the Department of Commerce, including costs 
associated with the performance of export administration field 
activities both domestically and abroad; full medical coverage for 
dependent members of immediate families of employees stationed 
overseas; employment of Americans and aliens by contract for services 
abroad; payment of tort claims, in the manner authorized in the first 
paragraph of 28 U.S.C. 2672 when such claims arise in foreign 
countries; not to exceed $15,000 for official representation expenses 
abroad; awards of compensation to informers under the Export 
Administration Act of 1979, and as authorized by 22 U.S.C. 401(b); and 
purchase of passenger motor vehicles for official use and motor 
vehicles for law enforcement use with special requirement vehicles 
eligible for purchase without regard to any price limitation otherwise 
established by law, $100,342,000, to remain available until expended, 
of which $14,767,000 shall be for inspections and other activities 
related to national security: Provided, That the provisions of the 
first sentence of section 105(f) and all of section 108(c) of the 
Mutual Educational and Cultural Exchange Act of 1961 (22 U.S.C. 2455(f) 
and 2458(c)) shall apply in carrying out these activities: Provided 
further, That payments and contributions collected and accepted for 
materials or services provided as part of such activities may be 
retained for use in covering the cost of such activities, and for 
providing information to the public with respect to the export 
administration and national security activities of the Department of 
Commerce and other export control programs of the United States and 
other governments.

                  Economic Development Administration

                economic development assistance programs

    For grants for economic development assistance as provided by the 
Public Works and Economic Development Act of 1965, and for trade 
adjustment assistance, $255,000,000, to remain available until 
expended.

                         salaries and expenses

    For necessary expenses of administering the economic development 
assistance programs as provided for by law, $38,000,000: Provided, That 
these funds may be used to monitor projects approved pursuant to title 
I of the Public Works Employment Act of 1976, title II of the Trade Act 
of 1974, and the Community Emergency Drought Relief Act of 1977.

                  Minority Business Development Agency

                     minority business development

    For necessary expenses of the Department of Commerce in fostering, 
promoting, and developing minority business enterprise, including 
expenses of grants, contracts, and other agreements with public or 
private organizations, $31,500,000: Provided, That within the amounts 
appropriated, $1,100,000 shall be used for the projects, and in the 
amounts, specified in the explanatory statement accompanying this Act.

                   Economic and Statistical Analysis

                         salaries and expenses

    For necessary expenses, as authorized by law, of economic and 
statistical analysis programs of the Department of Commerce, 
$97,255,000, to remain available until September 30, 2011.

                          Bureau of the Census

                         salaries and expenses

    For expenses necessary for collecting, compiling, analyzing, 
preparing, and publishing statistics, provided for by law, 
$259,024,000.

                     periodic censuses and programs

    For necessary expenses to collect and publish statistics for 
periodic censuses and programs provided for by law, $7,065,707,000, of 
which $100,000,000 shall be derived from available unobligated balances 
previously appropriated under this heading, to remain available until 
September 30, 2011: Provided, That none of the funds provided in this 
or any other Act for any fiscal year may be used for the collection of 
census data on race identification that does not include ``some other 
race'' as a category: Provided further, That from amounts provided 
herein, funds may be used for additional promotion, outreach, and 
marketing activities.

       National Telecommunications and Information Administration

                         salaries and expenses

    For necessary expenses, as provided for by law, of the National 
Telecommunications and Information Administration (NTIA), $19,999,000, 
to remain available until September 30, 2011: Provided, That, 
notwithstanding 31 U.S.C. 1535(d), the Secretary of Commerce shall 
charge Federal agencies for costs incurred in spectrum management, 
analysis, operations, and related services, and such fees shall be 
retained and used as offsetting collections for costs of such spectrum 
services, to remain available until expended: Provided further, That 
the Secretary of Commerce is authorized to retain and use as offsetting 
collections all funds transferred, or previously transferred, from 
other Government agencies for all costs incurred in telecommunications 
research, engineering, and related activities by the Institute for 
Telecommunication Sciences of NTIA, in furtherance of its assigned 
functions under this paragraph, and such funds received from other 
Government agencies shall remain available until expended.

    public telecommunications facilities, planning and construction

    For the administration of grants, authorized by section 392 of the 
Communications Act of 1934, $20,000,000, to remain available until 
expended as authorized by section 391 of the Act: Provided, That not to 
exceed $2,000,000 shall be available for program administration as 
authorized by section 391 of the Act: Provided further, That, 
notwithstanding the provisions of section 391 of the Act, the prior 
year unobligated balances may be made available for grants for projects 
for which applications have been submitted and approved during any 
fiscal year.

               United States Patent and Trademark Office

                         salaries and expenses

    For necessary expenses of the United States Patent and Trademark 
Office (USPTO) provided for by law, including defense of suits 
instituted against the Under Secretary of Commerce for Intellectual 
Property and Director of the United States Patent and Trademark Office, 
$1,887,000,000, to remain available until expended: Provided, That the 
sum herein appropriated from the general fund shall be reduced as 
offsetting collections assessed and collected pursuant to 15 U.S.C. 
1113 and 35 U.S.C. 41 and 376 are received during fiscal year 2010, so 
as to result in a fiscal year 2010 appropriation from the general fund 
estimated at $0: Provided further, That during fiscal year 2010, should 
the total amount of offsetting fee collections be less than 
$1,887,000,000, this amount shall be reduced accordingly: Provided 
further, That from amounts provided herein, not to exceed $1,000 shall 
be made available in fiscal year 2010 for official reception and 
representation expenses: Provided further, That in fiscal year 2010 
from the amounts made available for ``Salaries and Expenses'' for the 
USPTO, the amounts necessary to pay: (1) the difference between the 
percentage of basic pay contributed by the USPTO and employees under 
section 8334(a) of title 5, United States Code, and the normal cost 
percentage (as defined by section 8331(17) of that title) of basic pay, 
of employees subject to subchapter III of chapter 83 of that title; and 
(2) the present value of the otherwise unfunded accruing costs, as 
determined by the Office of Personnel Management, of post-retirement 
life insurance and post-retirement health benefits coverage for all 
USPTO employees, shall be transferred to the Civil Service Retirement 
and Disability Fund, the Employees Life Insurance Fund, and the 
Employees Health Benefits Fund, as appropriate, and shall be available 
for the authorized purposes of those accounts: Provided further, That 
sections 801, 802, and 803 of division B, Public Law 108-447 shall 
remain in effect during fiscal year 2010: Provided further, That the 
Director may, this year, reduce by regulation fees payable for 
documents in patent and trademark matters, in connection with the 
filing of documents filed electronically in a form prescribed by the 
Director: Provided further, That from the amounts provided herein, no 
less than $4,000,000 shall be available only for the USPTO contribution 
in a cooperative or joint agreement or agreements with a non-profit 
organization or organizations, successfully audited within the previous 
year, and with previous experience in such programs, to conduct policy 
studies, including studies relating to activities of United Nations 
Specialized agencies and other international organizations, as well as 
conferences and other development programs, in support of fair 
international protection of intellectual property rights.

             National Institute of Standards and Technology

             scientific and technical research and services

    For necessary expenses of the National Institute of Standards and 
Technology, $515,000,000, to remain available until expended, of which 
not to exceed $9,000,000 may be transferred to the ``Working Capital 
Fund'': Provided, That not to exceed $10,000 shall be for official 
reception and representation expenses: Provided further, That within 
the amounts appropriated, $10,500,000 shall be used for the projects, 
and in the amounts, specified in the explanatory statement accompanying 
this Act.

                     industrial technology services

    For necessary expenses of the Hollings Manufacturing Extension 
Partnership of the National Institute of Standards and Technology, 
$124,700,000, to remain available until expended. In addition, for 
necessary expenses of the Technology Innovation Program of the National 
Institute of Standards and Technology, $69,900,000, to remain available 
until expended.

                  construction of research facilities

    For construction of new research facilities, including 
architectural and engineering design, and for renovation and 
maintenance of existing facilities, not otherwise provided for the 
National Institute of Standards and Technology, as authorized by 15 
U.S.C. 278c-278e, $147,000,000, to remain available until expended, of 
which $20,000,000 is for a competitive construction grant program for 
research science buildings: Provided, That within the amounts 
appropriated, $47,000,000 shall be used for the projects, and in the 
amounts, specified in the explanatory statement accompanying this Act: 
Provided further, That the Secretary of Commerce shall include in the 
budget justification materials that the Secretary submits to Congress 
in support of the Department of Commerce budget (as submitted with the 
budget of the President under section 1105(a) of title 31, United 
States Code) an estimate for each National Institute of Standards and 
Technology construction project having a total multi-year program cost 
of more than $5,000,000 and simultaneously the budget justification 
materials shall include an estimate of the budgetary requirements for 
each such project for each of the five subsequent fiscal years.

            National Oceanic and Atmospheric Administration

                  operations, research, and facilities

                     (including transfers of funds)

    For necessary expenses of activities authorized by law for the 
National Oceanic and Atmospheric Administration, including maintenance, 
operation, and hire of aircraft and vessels; grants, contracts, or 
other payments to nonprofit organizations for the purposes of 
conducting activities pursuant to cooperative agreements; and 
relocation of facilities, $3,305,178,000, to remain available until 
September 30, 2011, except for funds provided for cooperative 
enforcement, which shall remain available until September 30, 2012: 
Provided, That fees and donations received by the National Ocean 
Service for the management of national marine sanctuaries may be 
retained and used for the salaries and expenses associated with those 
activities, notwithstanding 31 U.S.C. 3302: Provided further, That in 
addition, $3,000,000 shall be derived by transfer from the fund 
entitled ``Coastal Zone Management'' and in addition $104,600,000 shall 
be derived by transfer from the fund entitled ``Promote and Develop 
Fishery Products and Research Pertaining to American Fisheries'': 
Provided further, That of the $3,412,778,000 provided for in direct 
obligations under this heading $3,305,178,000 is appropriated from the 
general fund, and $107,600,000 is provided by transfer: Provided 
further, That the total amount available for the National Oceanic and 
Atmospheric Administration corporate services administrative support 
costs shall not exceed $235,549,000: Provided further, That payments of 
funds made available under this heading to the Department of Commerce 
Working Capital Fund including Department of Commerce General Counsel 
legal services shall not exceed $41,944,000: Provided further, That 
within the amounts appropriated, $99,295,000 shall be used for the 
projects, and in the amounts, specified in the explanatory statement 
accompanying this Act: Provided further, That any deviation from the 
amounts designated for specific activities in the explanatory statement 
accompanying this Act, or any use of deobligated balances of funds 
provided under this heading in previous years, shall be subject to the 
procedures set forth in section 505 of this Act: Provided further, That 
in allocating grants under sections 306 and 306A of the Coastal Zone 
Management Act of 1972, as amended, no coastal State shall receive more 
than 5 percent or less than 1 percent of increased funds appropriated 
over the previous fiscal year.
    In addition, for necessary retired pay expenses under the Retired 
Serviceman's Family Protection and Survivor Benefits Plan, and for 
payments for the medical care of retired personnel and their dependents 
under the Dependents Medical Care Act (10 U.S.C. 55), such sums as may 
be necessary.

               procurement, acquisition and construction

    For procurement, acquisition and construction of capital assets, 
including alteration and modification costs, of the National Oceanic 
and Atmospheric Administration, $1,358,353,000, to remain available 
until September 30, 2012, except funds provided for construction of 
facilities which shall remain available until expended: Provided, That 
of the $1,360,353,000 provided for in direct obligations under this 
heading, $1,358,353,000 is appropriated from the general fund and 
$2,000,000 is provided from recoveries of prior year obligations: 
Provided further, That except to the extent expressly prohibited by any 
other law, the Department of Defense may delegate procurement functions 
related to the National Polar-orbiting Operational Environmental 
Satellite System to officials of the Department of Commerce pursuant to 
section 2311 of title 10, United States Code: Provided further, That 
any deviation from the amounts designated for specific activities in 
the explanatory statement accompanying this Act, or any use of 
deobligated balances of funds provided under this heading in previous 
years, shall be subject to the procedures set forth in section 505 of 
this Act: Provided further, That the Secretary of Commerce shall 
include in budget justification materials that the Secretary submits to 
Congress in support of the Department of Commerce budget (as submitted 
with the budget of the President under section 1105(a) of title 31, 
United States Code) an estimate for each National Oceanic and 
Atmospheric Administration Procurement, Acquisition or Construction 
project having a total of more than $5,000,000 and simultaneously the 
budget justification shall include an estimate of the budgetary 
requirements for each such project for each of the five subsequent 
fiscal years: Provided further, That the Secretary of Commerce is 
authorized to enter into a lease, at no cost to the United States 
Government, with the Regents of the University of Alabama for a term of 
not less than 55 years, with two successive options each of 5 years, 
for land situated on the campus of University of Alabama in Tuscaloosa 
to house the Cooperative Institute and Research Center for Southeast 
Weather and Hydrology: Provided further, That within the amounts 
appropriated, $18,000,000 shall be used for the projects, and in the 
amounts, specified in the explanatory statement accompanying this Act.

                    pacific coastal salmon recovery

    For necessary expenses associated with the restoration of Pacific 
salmon populations, $80,000,000, to remain available until September 
30, 2011: Provided, That of the funds provided herein the Secretary of 
Commerce may issue grants to the States of Washington, Oregon, Idaho, 
Nevada, California, and Alaska, and Federally-recognized tribes of the 
Columbia River and Pacific Coast for projects necessary for 
conservation of salmon and steelhead populations that are listed as 
threatened or endangered, or identified by a State as at-risk to be so-
listed, for maintaining populations necessary for exercise of tribal 
treaty fishing rights or native subsistence fishing, or for 
conservation of Pacific coastal salmon and steelhead habitat, based on 
guidelines to be developed by the Secretary of Commerce: Provided 
further, That funds disbursed to States shall be subject to a matching 
requirement of funds or documented in-kind contributions of at least 33 
percent of the Federal funds.

                      coastal zone management fund

                     (including transfer of funds)

    Of amounts collected pursuant to section 308 of the Coastal Zone 
Management Act of 1972 (16 U.S.C. 1456a), not to exceed $3,000,000 
shall be transferred to the ``Operations, Research, and Facilities'' 
account to offset the costs of implementing such Act.

                   fisheries finance program account

    Subject to section 502 of the Congressional Budget Act of 1974, 
during fiscal year 2010, obligations of direct loans may not exceed 
$16,000,000 for Individual Fishing Quota loans and not to exceed 
$59,000,000 for traditional direct loans as authorized by the Merchant 
Marine Act of 1936: Provided, That none of the funds made available 
under this heading may be used for direct loans for any new fishing 
vessel that will increase the harvesting capacity in any United States 
fishery.

                        Departmental Management

                         salaries and expenses

    For expenses necessary for the departmental management of the 
Department of Commerce provided for by law, including not to exceed 
$5,000 for official reception and representation, $58,000,000: 
Provided, That the Secretary, within 60 days of enactment of this Act, 
shall provide a report to the Committees on Appropriations of the House 
and Senate that audits and evaluates all decision documents and 
expenditures by the Bureau of the Census as they relate to the 2010 
Census: Provided further, That of the amounts provided to the Secretary 
within this account, $5,000,000 shall not become available for 
obligation until the Secretary certifies to the Committees on 
Appropriations of the House and Senate that the Bureau of the Census 
has followed and met all standards and best practices, and all Office 
of Management and Budget guidelines related to information technology 
projects and contract management.

        herbert c. hoover building renovation and modernization

    For expenses necessary, including blast windows, for the renovation 
and modernization of the Herbert C. Hoover Building, $22,500,000, to 
remain available until expended.

                      office of inspector general

    For necessary expenses of the Office of Inspector General in 
carrying out the provisions of the Inspector General Act of 1978 (5 
U.S.C. App.), $27,000,000.

               General Provisions--Department of Commerce

    Sec. 101.  During the current fiscal year, applicable 
appropriations and funds made available to the Department of Commerce 
by this Act shall be available for the activities specified in the Act 
of October 26, 1949 (15 U.S.C. 1514), to the extent and in the manner 
prescribed by the Act, and, notwithstanding 31 U.S.C. 3324, may be used 
for advanced payments not otherwise authorized only upon the 
certification of officials designated by the Secretary of Commerce that 
such payments are in the public interest.
    Sec. 102.  During the current fiscal year, appropriations made 
available to the Department of Commerce by this Act for salaries and 
expenses shall be available for hire of passenger motor vehicles as 
authorized by 31 U.S.C. 1343 and 1344; services as authorized by 5 
U.S.C. 3109; and uniforms or allowances therefor, as authorized by law 
(5 U.S.C. 5901-5902).
    Sec. 103.  Not to exceed 5 percent of any appropriation made 
available for the current fiscal year for the Department of Commerce in 
this Act may be transferred between such appropriations, but no such 
appropriation shall be increased by more than 10 percent by any such 
transfers: Provided, That any transfer pursuant to this section shall 
be treated as a reprogramming of funds under section 505 of this Act 
and shall not be available for obligation or expenditure except in 
compliance with the procedures set forth in that section: Provided 
further, That the Secretary of Commerce shall notify the Committees on 
Appropriations at least 15 days in advance of the acquisition or 
disposal of any capital asset (including land, structures, and 
equipment) not specifically provided for in this Act or any other law 
appropriating funds for the Department of Commerce: Provided further, 
That for the National Oceanic and Atmospheric Administration this 
section shall provide for transfers among appropriations made only to 
the National Oceanic and Atmospheric Administration and such 
appropriations may not be transferred and reprogrammed to other 
Department of Commerce bureaus and appropriation accounts.
    Sec. 104.  Any costs incurred by a department or agency funded 
under this title resulting from personnel actions taken in response to 
funding reductions included in this title or from actions taken for the 
care and protection of loan collateral or grant property shall be 
absorbed within the total budgetary resources available to such 
department or agency: Provided, That the authority to transfer funds 
between appropriations accounts as may be necessary to carry out this 
section is provided in addition to authorities included elsewhere in 
this Act: Provided further, That use of funds to carry out this section 
shall be treated as a reprogramming of funds under section 505 of this 
Act and shall not be available for obligation or expenditure except in 
compliance with the procedures set forth in that section.
    Sec. 105.  The requirements set forth by section 112 of division B 
of Public Law 110-161 are hereby adopted by reference.
    Sec. 106.  Notwithstanding any other law, the Secretary may furnish 
services (including but not limited to utilities, telecommunications, 
and security services) necessary to support the operation, maintenance, 
and improvement of space that persons, firms or organizations are 
authorized pursuant to the Public Buildings Cooperative Use Act of 1976 
or other authority to use or occupy in the Herbert C. Hoover Building, 
Washington, DC, or other buildings, the maintenance, operation, and 
protection of which has been delegated to the Secretary from the 
Administrator of General Services pursuant to the Federal Property and 
Administrative Services Act of 1949, as amended, on a reimbursable or 
non-reimbursable basis. Amounts received as reimbursement for services 
provided under this section or the authority under which the use or 
occupancy of the space is authorized, up to $200,000, shall be credited 
to the appropriation or fund which initially bears the costs of such 
services.
    Sec. 107.  With the consent of the President, the Secretary of 
Commerce shall represent the United States Government in negotiating 
and monitoring international agreements regarding fisheries, marine 
mammals, or sea turtles: Provided, That the Secretary of Commerce shall 
be responsible for the development and interdepartmental coordination 
of the policies of the United States with respect to the international 
negotiations and agreements referred to in this section.
    Sec. 108.  Section 101(k) of the Emergency Steel Loan Guarantee Act 
of 1999 (15 U.S.C. 1841 note) is amended by striking ``2009'' and 
inserting ``2011''.
    Sec. 109.  Nothing in this title shall be construed to prevent a 
grant recipient from deterring child pornography, copyright 
infringement, or any other unlawful activity over its networks.
    Sec. 110.  The Administration of the National Oceanic and 
Atmospheric Administration is authorized to use, with their consent, 
with reimbursement and subject to the limits of available 
appropriations, the land, services, equipment, personnel, and 
facilities of any department, agency or instrumentality of the United 
States, or of any State, local government, Indian tribal government, 
Territory or possession, or of any political subdivision thereof, or of 
any foreign government or international organization for purposes 
related to carrying out the responsibilities of any statute 
administered by the National Oceanic and Atmospheric Administration.
     This title may be cited as the ``Department of Commerce 
Appropriations Act, 2010''.

                                TITLE II

                         DEPARTMENT OF JUSTICE

                         General Administration

                         salaries and expenses

    For expenses necessary for the administration of the Department of 
Justice, $118,488,000, of which not to exceed $4,000,000 for security 
and construction of Department of Justice facilities shall remain 
available until expended: Provided, That the Attorney General is 
authorized to transfer funds appropriated within General Administration 
to any office in this account: Provided further, That $18,693,000 is 
for Department Leadership; $8,101,000 is for Intergovernmental 
Relations/External Affairs; $12,715,000 is for Executive Support/
Professional Responsibility; and $78,979,000 is for the Justice 
Management Division: Provided further, That any change in amounts 
specified in the preceding proviso greater than 5 percent shall be 
submitted for approval to the House and Senate Committees on 
Appropriations consistent with the terms of section 505 of this Act: 
Provided further, That this transfer authority is in addition to 
transfers authorized under section 505 of this Act.

                   national drug intelligence center

    For necessary expenses of the National Drug Intelligence Center, 
$44,023,000, of which $2,000,000 shall be for reimbursement of Air 
Force personnel for the National Drug Intelligence Center to support 
the Department of Defense's counter-drug intelligence responsibilities: 
Provided, That the National Drug Intelligence Center shall maintain the 
personnel and technical resources to provide timely support to law 
enforcement authorities and the intelligence community by conducting 
document and computer exploitation of materials collected in Federal, 
State, and local law enforcement activity associated with counter-drug, 
counterterrorism, and national security investigations and operations.

                 justice information sharing technology

    For necessary expenses for information sharing technology, 
including planning, development, deployment and departmental direction, 
$88,285,000, to remain available until expended.

            tactical law enforcement wireless communications

    For the costs of developing and implementing a nation-wide 
Integrated Wireless Network supporting Federal law enforcement 
communications, and for the costs of operations and maintenance of 
existing Land Mobile Radio legacy systems, $206,143,000, to remain 
available until expended: Provided, That the Attorney General shall 
transfer to this account all funds made available to the Department of 
Justice for the purchase of portable and mobile radios: Provided 
further, That any transfer made under the preceding proviso shall be 
subject to section 505 of this Act.

                   administrative review and appeals

    For expenses necessary for the administration of pardon and 
clemency petitions and immigration-related activities, $300,685,000, of 
which $4,000,000 shall be derived by transfer from the Executive Office 
for Immigration Review fees deposited in the ``Immigration Examinations 
Fee'' account.

                           detention trustee

    For necessary expenses of the Federal Detention Trustee, 
$1,438,663,000, to remain available until expended: Provided, That the 
Trustee shall be responsible for managing the Justice Prisoner and 
Alien Transportation System: Provided further, That not to exceed 
$5,000,000 shall be considered ``funds appropriated for State and local 
law enforcement assistance'' pursuant to 18 U.S.C. 4013(b).

                      office of inspector general

    For necessary expenses of the Office of Inspector General, 
$84,368,000, including not to exceed $10,000 to meet unforeseen 
emergencies of a confidential character.

                    United States Parole Commission

                         salaries and expenses

    For necessary expenses of the United States Parole Commission as 
authorized, $12,859,000.

                            Legal Activities

            salaries and expenses, general legal activities

    For expenses necessary for the legal activities of the Department 
of Justice, not otherwise provided for, including not to exceed $20,000 
for expenses of collecting evidence, to be expended under the direction 
of, and to be accounted for solely under the certificate of, the 
Attorney General; and rent of private or Government-owned space in the 
District of Columbia, $875,097,000, of which not to exceed $10,000,000 
for litigation support contracts shall remain available until expended: 
Provided, That of the total amount appropriated, not to exceed $10,000 
shall be available to the United States National Central Bureau, 
INTERPOL, for official reception and representation expenses: Provided 
further, That notwithstanding section 205 of this Act, upon a 
determination by the Attorney General that emergent circumstances 
require additional funding for litigation activities of the Civil 
Division, the Attorney General may transfer such amounts to ``Salaries 
and Expenses, General Legal Activities'' from available appropriations 
for the current fiscal year for the Department of Justice, as may be 
necessary to respond to such circumstances: Provided further, That any 
transfer pursuant to the previous proviso shall be treated as a 
reprogramming under section 505 of this Act and shall not be available 
for obligation or expenditure except in compliance with the procedures 
set forth in that section: Provided further, That of the amount 
appropriated, such sums as may be necessary shall be available to 
reimburse the Office of Personnel Management for salaries and expenses 
associated with the election monitoring program under section 8 of the 
Voting Rights Act of 1965 (42 U.S.C. 1973f): Provided further, That of 
the amounts provided under this heading for the election monitoring 
program $3,390,000, shall remain available until expended.
    In addition, for reimbursement of expenses of the Department of 
Justice associated with processing cases under the National Childhood 
Vaccine Injury Act of 1986, not to exceed $7,833,000, to be 
appropriated from the Vaccine Injury Compensation Trust Fund.

               salaries and expenses, antitrust division

    For expenses necessary for the enforcement of antitrust and kindred 
laws, $163,170,000, to remain available until expended: Provided, That 
notwithstanding any other provision of law, fees collected for 
premerger notification filings under the Hart-Scott-Rodino Antitrust 
Improvements Act of 1976 (15 U.S.C. 18a), regardless of the year of 
collection (and estimated to be $102,000,000 in fiscal year 2010), 
shall be retained and used for necessary expenses in this 
appropriation, and shall remain available until expended: Provided 
further, That the sum herein appropriated from the general fund shall 
be reduced as such offsetting collections are received during fiscal 
year 2010, so as to result in a final fiscal year 2010 appropriation 
from the general fund estimated at $61,170,000.

             salaries and expenses, united states attorneys

    For necessary expenses of the Offices of the United States 
Attorneys, including inter-governmental and cooperative agreements, 
$1,934,003,000: Provided, That of the total amount appropriated, not to 
exceed $8,000 shall be available for official reception and 
representation expenses: Provided further, That not to exceed 
$25,000,000 shall remain available until expended: Provided further, 
That of the amount provided under this heading, not less than 
$36,980,000 shall be used for salaries and expenses for assistant U.S. 
Attorneys to carry out section 704 of the Adam Walsh Child Protection 
and Safety Act of 2006 (Public Law 109-248) concerning the prosecution 
of offenses relating to the sexual exploitation of children: Provided 
further, That of the amount provided under this heading, $6,000,000 is 
for salaries and expenses for new assistant U.S. Attorneys to carry out 
additional prosecutions of serious crimes in Indian Country.

                   united states trustee system fund

    For necessary expenses of the United States Trustee Program, as 
authorized, $219,250,000, to remain available until expended and to be 
derived from the United States Trustee System Fund: Provided, That 
notwithstanding any other provision of law, deposits to the Fund shall 
be available in such amounts as may be necessary to pay refunds due 
depositors: Provided further, That, notwithstanding any other provision 
of law, $210,000,000 of offsetting collections pursuant to 28 U.S.C. 
589a(b) shall be retained and used for necessary expenses in this 
appropriation and shall remain available until expended: Provided 
further, That the sum herein appropriated from the Fund shall be 
reduced as such offsetting collections are received during fiscal year 
2010, so as to result in a final fiscal year 2010 appropriation from 
the Fund estimated at $4,250,000.

      salaries and expenses, foreign claims settlement commission

    For expenses necessary to carry out the activities of the Foreign 
Claims Settlement Commission, including services as authorized by 
section 3109 of title 5, United States Code, $2,117,000.

                     fees and expenses of witnesses

    For fees and expenses of witnesses, for expenses of contracts for 
the procurement and supervision of expert witnesses, for private 
counsel expenses, including advances, and for expenses of foreign 
counsel, $168,300,000, to remain available until expended: Provided, 
That not to exceed $10,000,000 may be made available for construction 
of buildings for protected witness safesites: Provided further, That 
not to exceed $3,000,000 may be made available for the purchase and 
maintenance of armored and other vehicles for witness security 
caravans: Provided further, That not to exceed $11,000,000 may be made 
available for the purchase, installation, maintenance, and upgrade of 
secure telecommunications equipment and a secure automated information 
network to store and retrieve the identities and locations of protected 
witnesses.

           salaries and expenses, community relations service

    For necessary expenses of the Community Relations Service, 
$11,479,000: Provided, That notwithstanding section 205 of this Act, 
upon a determination by the Attorney General that emergent 
circumstances require additional funding for conflict resolution and 
violence prevention activities of the Community Relations Service, the 
Attorney General may transfer such amounts to the Community Relations 
Service, from available appropriations for the current fiscal year for 
the Department of Justice, as may be necessary to respond to such 
circumstances: Provided further, That any transfer pursuant to the 
preceding proviso shall be treated as a reprogramming under section 505 
of this Act and shall not be available for obligation or expenditure 
except in compliance with the procedures set forth in that section.

                         assets forfeiture fund

    For expenses authorized by 28 U.S.C. 524(c)(1)(B), (F), and (G), 
$20,990,000, to be derived from the Department of Justice Assets 
Forfeiture Fund.

                     United States Marshals Service

                         salaries and expenses

    For necessary expenses of the United States Marshals Service, 
$1,125,763,000; of which not to exceed $30,000 shall be available for 
official reception and representation expenses; and of which not to 
exceed $10,000,000 shall remain available until expended for 
information technology systems.

                              construction

    For construction in space controlled, occupied or utilized by the 
United States Marshals Service for prisoner holding and related 
support, $26,625,000, to remain available until expended; of which not 
less than $12,625,000 shall be available for the costs of courthouse 
security equipment, including furnishings, relocations, and telephone 
systems and cabling.

                       National Security Division

                         salaries and expenses

    For expenses necessary to carry out the activities of the National 
Security Division, $87,938,000; of which not to exceed $5,000,000 for 
information technology systems shall remain available until expended: 
Provided, That notwithstanding section 205 of this Act, upon a 
determination by the Attorney General that emergent circumstances 
require additional funding for the activities of the National Security 
Division, the Attorney General may transfer such amounts to this 
heading from available appropriations for the current fiscal year for 
the Department of Justice, as may be necessary to respond to such 
circumstances: Provided further, That any transfer pursuant to the 
preceding proviso shall be treated as a reprogramming under section 505 
of this Act and shall not be available for obligation or expenditure 
except in compliance with the procedures set forth in that section.

                      Interagency Law Enforcement

                 interagency crime and drug enforcement

    For necessary expenses for the identification, investigation, and 
prosecution of individuals associated with the most significant drug 
trafficking and affiliated money laundering organizations not otherwise 
provided for, to include inter-governmental agreements with State and 
local law enforcement agencies engaged in the investigation and 
prosecution of individuals involved in organized crime drug 
trafficking, $528,569,000, of which $50,000,000 shall remain available 
until expended: Provided, That any amounts obligated from 
appropriations under this heading may be used under authorities 
available to the organizations reimbursed from this appropriation.

                    Federal Bureau of Investigation

                         salaries and expenses

    For necessary expenses of the Federal Bureau of Investigation for 
detection, investigation, and prosecution of crimes against the United 
States, $7,658,622,000, of which $101,066,000 is designated as being 
for overseas deployments and other activities pursuant to sections 
401(c)(4) and 423(a)(1) of S. Con. Res. 13 (111th Congress), the 
concurrent resolution on the budget for fiscal year 2010; and of which 
not to exceed $150,000,000 shall remain available until expended: 
Provided, That not to exceed $205,000 shall be available for official 
reception and representation expenses: Provided further, That 
notwithstanding section 205 of this Act, the Director of the Federal 
Bureau of Investigation, upon a determination that additional funding 
is necessary to carry out construction of the Biometrics Technology 
Center, may transfer from amounts available for ``Salaries and 
Expenses'' to amounts available for ``Construction'' up to $30,000,000 
in fees collected to defray expenses for the automation of fingerprint 
identification and criminal justice information services and associated 
costs: Provided further, That any transfer made pursuant to the 
previous proviso shall be subject to section 505 of this Act.

                              construction

    For all necessary expenses, to include the cost of equipment, 
furniture, and information technology requirements, related to 
construction or acquisition of buildings, facilities and sites by 
purchase, or as otherwise authorized by law; conversion, modification 
and extension of Federally-owned buildings; and preliminary planning 
and design of projects; $239,915,000, to remain available until 
expended.

                    Drug Enforcement Administration

                         salaries and expenses

    For necessary expenses of the Drug Enforcement Administration, 
including not to exceed $70,000 to meet unforeseen emergencies of a 
confidential character pursuant to 28 U.S.C. 530C; and expenses for 
conducting drug education and training programs, including travel and 
related expenses for participants in such programs and the distribution 
of items of token value that promote the goals of such programs, 
$2,019,682,000; of which not to exceed $75,000,000 shall remain 
available until expended; and of which not to exceed $100,000 shall be 
available for official reception and representation expenses.

          Bureau of Alcohol, Tobacco, Firearms and Explosives

                         salaries and expenses

    For necessary expenses of the Bureau of Alcohol, Tobacco, Firearms 
and Explosives, not to exceed $40,000 for official reception and 
representation expenses; for training of State and local law 
enforcement agencies with or without reimbursement, including training 
in connection with the training and acquisition of canines for 
explosives and fire accelerants detection; and for provision of 
laboratory assistance to State and local law enforcement agencies, with 
or without reimbursement, $1,114,772,000, of which not to exceed 
$1,000,000 shall be available for the payment of attorneys' fees as 
provided by section 924(d)(2) of title 18, United States Code; and of 
which not to exceed $10,000,000 shall remain available until expended: 
Provided, That no funds appropriated herein shall be available for 
salaries or administrative expenses in connection with consolidating or 
centralizing, within the Department of Justice, the records, or any 
portion thereof, of acquisition and disposition of firearms maintained 
by Federal firearms licensees: Provided further, That no funds 
appropriated herein shall be used to pay administrative expenses or the 
compensation of any officer or employee of the United States to 
implement an amendment or amendments to 27 CFR 478.118 or to change the 
definition of ``Curios or relics'' in 27 CFR 478.11 or remove any item 
from ATF Publication 5300.11 as it existed on January 1, 1994: Provided 
further, That none of the funds appropriated herein shall be available 
to investigate or act upon applications for relief from Federal 
firearms disabilities under 18 U.S.C. 925(c): Provided further, That 
such funds shall be available to investigate and act upon applications 
filed by corporations for relief from Federal firearms disabilities 
under section 925(c) of title 18, United States Code: Provided further, 
That no funds made available by this or any other Act may be used to 
transfer the functions, missions, or activities of the Bureau of 
Alcohol, Tobacco, Firearms and Explosives to other agencies or 
Departments in fiscal year 2010: Provided further, That, beginning in 
fiscal year 2010 and thereafter, no funds appropriated under this or 
any other Act may be used to disclose part or all of the contents of 
the Firearms Trace System database maintained by the National Trace 
Center of the Bureau of Alcohol, Tobacco, Firearms and Explosives or 
any information required to be kept by licensees pursuant to section 
923(g) of title 18, United States Code, or required to be reported 
pursuant to paragraphs (3) and (7) of such section 923(g), except to: 
(1) a Federal, State, local, or tribal law enforcement agency, or a 
Federal, State, or local prosecutor; or (2) a foreign law enforcement 
agency solely in connection with or for use in a criminal investigation 
or prosecution; or (3) a Federal agency for a national security or 
intelligence purpose; unless such disclosure of such data to any of the 
entities described in (1), (2) or (3) of this proviso would compromise 
the identity of any undercover law enforcement officer or confidential 
informant, or interfere with any case under investigation; and no 
person or entity described in (1), (2) or (3) shall knowingly and 
publicly disclose such data; and all such data shall be immune from 
legal process, shall not be subject to subpoena or other discovery, 
shall be inadmissible in evidence, and shall not be used, relied on, or 
disclosed in any manner, nor shall testimony or other evidence be 
permitted based on the data, in a civil action in any State (including 
the District of Columbia) or Federal court or in an administrative 
proceeding other than a proceeding commenced by the Bureau of Alcohol, 
Tobacco, Firearms and Explosives to enforce the provisions of chapter 
44 of such title, or a review of such an action or proceeding; except 
that this proviso shall not be construed to prevent: (A) the disclosure 
of statistical information concerning total production, importation, 
and exportation by each licensed importer (as defined in section 
921(a)(9) of such title) and licensed manufacturer (as defined in 
section 921(a)(10) of such title); (B) the sharing or exchange of such 
information among and between Federal, State, local, or foreign law 
enforcement agencies, Federal, State, or local prosecutors, and Federal 
national security, intelligence, or counterterrorism officials; or (C) 
the publication of annual statistical reports on products regulated by 
the Bureau of Alcohol, Tobacco, Firearms and Explosives, including 
total production, importation, and exportation by each licensed 
importer (as so defined) and licensed manufacturer (as so defined), or 
statistical aggregate data regarding firearms traffickers and 
trafficking channels, or firearms misuse, felons, and trafficking 
investigations: Provided further, That no funds made available by this 
or any other Act shall be expended to promulgate or implement any rule 
requiring a physical inventory of any business licensed under section 
923 of title 18, United States Code: Provided further, That no funds 
under this Act may be used to electronically retrieve information 
gathered pursuant to 18 U.S.C. 923(g)(4) by name or any personal 
identification code: Provided further, That no funds authorized or made 
available under this or any other Act may be used to deny any 
application for a license under section 923 of title 18, United States 
Code, or renewal of such a license due to a lack of business activity, 
provided that the applicant is otherwise eligible to receive such a 
license, and is eligible to report business income or to claim an 
income tax deduction for business expenses under the Internal Revenue 
Code of 1986.

                              construction

    For necessary expenses to construct or acquire buildings and sites 
by purchase, or as otherwise authorized by law (including equipment for 
such buildings); conversion and extension of Federally-owned buildings; 
and preliminary planning and design of projects; $6,000,000, to remain 
available until expended.

                         Federal Prison System

                         salaries and expenses

    For necessary expenses of the Federal Prison System for the 
administration, operation, and maintenance of Federal penal and 
correctional institutions, including purchase (not to exceed 831, of 
which 743 are for replacement only) and hire of law enforcement and 
passenger motor vehicles, and for the provision of technical assistance 
and advice on corrections related issues to foreign governments, 
$6,086,231,000: Provided, That the Attorney General may transfer to the 
Health Resources and Services Administration such amounts as may be 
necessary for direct expenditures by that Administration for medical 
relief for inmates of Federal penal and correctional institutions: 
Provided further, That the Director of the Federal Prison System, where 
necessary, may enter into contracts with a fiscal agent or fiscal 
intermediary claims processor to determine the amounts payable to 
persons who, on behalf of the Federal Prison System, furnish health 
services to individuals committed to the custody of the Federal Prison 
System: Provided further, That not to exceed $6,000 shall be available 
for official reception and representation expenses: Provided further, 
That not to exceed $50,000,000 shall remain available for necessary 
operations until September 30, 2011: Provided further, That, of the 
amounts provided for contract confinement, not to exceed $20,000,000 
shall remain available until expended to make payments in advance for 
grants, contracts and reimbursable agreements, and other expenses 
authorized by section 501(c) of the Refugee Education Assistance Act of 
1980 (8 U.S.C. 1522 note), for the care and security in the United 
States of Cuban and Haitian entrants: Provided further, That the 
Director of the Federal Prison System may accept donated property and 
services relating to the operation of the prison card program from a 
not-for-profit entity which has operated such program in the past 
notwithstanding the fact that such not-for-profit entity furnishes 
services under contracts to the Federal Prison System relating to the 
operation of pre-release services, halfway houses, or other custodial 
facilities.

                        buildings and facilities

    For planning, acquisition of sites and construction of new 
facilities; purchase and acquisition of facilities and remodeling, and 
equipping of such facilities for penal and correctional use, including 
all necessary expenses incident thereto, by contract or force account; 
and constructing, remodeling, and equipping necessary buildings and 
facilities at existing penal and correctional institutions, including 
all necessary expenses incident thereto, by contract or force account, 
$99,155,000, to remain available until expended, of which not less than 
$73,769,000 shall be available only for modernization, maintenance and 
repair, and of which not to exceed $14,000,000 shall be available to 
construct areas for inmate work programs: Provided, That labor of 
United States prisoners may be used for work performed under this 
appropriation.

                federal prison industries, incorporated

    The Federal Prison Industries, Incorporated, is hereby authorized 
to make such expenditures, within the limits of funds and borrowing 
authority available, and in accord with the law, and to make such 
contracts and commitments, without regard to fiscal year limitations as 
provided by section 9104 of title 31, United States Code, as may be 
necessary in carrying out the program set forth in the budget for the 
current fiscal year for such corporation, including purchase (not to 
exceed five for replacement only) and hire of passenger motor vehicles.

   limitation on administrative expenses, federal prison industries, 
                              incorporated

    Not to exceed $2,700,000 of the funds of the Federal Prison 
Industries, Incorporated shall be available for its administrative 
expenses, and for services as authorized by section 3109 of title 5, 
United States Code, to be computed on an accrual basis to be determined 
in accordance with the corporation's current prescribed accounting 
system, and such amounts shall be exclusive of depreciation, payment of 
claims, and expenditures which such accounting system requires to be 
capitalized or charged to cost of commodities acquired or produced, 
including selling and shipping expenses, and expenses in connection 
with acquisition, construction, operation, maintenance, improvement, 
protection, or disposition of facilities and other property belonging 
to the corporation or in which it has an interest.

               State and Local Law Enforcement Activities

                    Office on Violence Against Women

       violence against women prevention and prosecution programs

                     (including transfer of funds)

    For grants, contracts, cooperative agreements, and other assistance 
for the prevention and prosecution of violence against women, as 
authorized by the Omnibus Crime Control and Safe Streets Act of 1968 
(42 U.S.C. 3711 et seq.) (``the 1968 Act''); the Violent Crime Control 
and Law Enforcement Act of 1994 (Public Law 103-322) (``the 1994 
Act''); the Victims of Child Abuse Act of 1990 (Public Law 101-647) 
(``the 1990 Act''); the Prosecutorial Remedies and Other Tools to end 
the Exploitation of Children Today Act of 2003 (Public Law 108-21); the 
Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5601 
et seq.) (``the 1974 Act''); the Victims of Trafficking and Violence 
Protection Act of 2000 (Public Law 106-386) (``the 2000 Act''); and the 
Violence Against Women and Department of Justice Reauthorization Act of 
2005 (Public Law 109-162) (``the 2005 Act''); and for related victims 
services, $418,500,000, to remain available until expended: Provided, 
That except as otherwise provided by law, not to exceed 3 percent of 
funds made available under this heading may be used for expenses 
related to evaluation, training, and technical assistance: Provided 
further, That of the amount provided (which shall be by transfer for 
programs administered by the Office of Justice Programs)--
        (1) $210,000,000 for grants to combat violence against women, 
    as authorized by part T of the 1968 Act, of which--
            (A) $18,000,000 shall be for transitional housing 
        assistance grants for victims of domestic violence, stalking or 
        sexual assault as authorized by section 40299 of the 1994 Act; 
        and
            (B) $3,000,000 shall be for the National Institute of 
        Justice for research and evaluation of violence against women 
        and related issues addressed by grant programs of the Office on 
        Violence Against Women;
        (2) $60,000,000 for grants to encourage arrest policies as 
    authorized by part U of the 1968 Act;
        (3) $15,000,000 for sexual assault victims assistance, as 
    authorized by section 41601 of the 1994 Act;
        (4) $41,000,000 for rural domestic violence and child abuse 
    enforcement assistance grants, as authorized by section 40295 of 
    the 1994 Act;
        (5) $9,500,000 for grants to reduce violent crimes against 
    women on campus, as authorized by section 304 of the 2005 Act;
        (6) $41,000,000 for legal assistance for victims, as authorized 
    by section 1201 of the 2000 Act;
        (7) $4,250,000 for enhanced training and services to end 
    violence against and abuse of women in later life, as authorized by 
    section 40802 of the 1994 Act;
        (8) $14,000,000 for the safe havens for children program, as 
    authorized by section 1301 of the 2000 Act;
        (9) $6,750,000 for education and training to end violence 
    against and abuse of women with disabilities, as authorized by 
    section 1402 of the 2000 Act;
        (10) $3,000,000 for an engaging men and youth in prevention 
    program, as authorized by section 41305 of the 1994 Act;
        (11) $1,000,000 for tracking of violence against Indian women, 
    as authorized by section 905 of the 2005 Act and consistent with 
    title I of the Adam Walsh Child Protection and Safety Act of 2006;
        (12) $3,500,000 for services to advocate and respond to youth, 
    as authorized by section 41201 of the 1994 Act;
        (13) $3,000,000 for grants to assist children and youth exposed 
    to violence, as authorized by section 41303 of the 1994 Act;
        (14) $3,000,000 for the court training and improvements 
    program, as authorized by section 41002 of the 1994 Act;
        (15) $1,000,000 for the National Resource Center on Workplace 
    Responses to assist victims of domestic violence, as authorized by 
    section 41501 of the 1994 Act; and
        (16) $2,500,000 for the Supporting Teens through Education and 
    Protection program, as authorized by section 41204 of the 1994 Act.

                       Office of Justice Programs

                           justice assistance

    For grants, contracts, cooperative agreements, and other assistance 
authorized by title I of the Omnibus Crime Control and Safe Streets Act 
of 1968 ``the 1968 Act''; the Juvenile Justice and Delinquency 
Prevention Act of 1974 ``the 1974 Act''; the Missing Children's 
Assistance Act (42 U.S.C. 5771 et seq.); the Prosecutorial Remedies and 
Other Tools to end the Exploitation of Children Today Act of 2003 
(Public Law 108-21); the Justice for All Act of 2004 (Public Law 108-
405); the Violence Against Women and Department of Justice 
Reauthorization Act of 2005 (Public Law 109-162); the Victims of Child 
Abuse Act of 1990 (Public Law 101-647); the Second Chance Act of 2007 
(Public Law 110-199); the Victims of Crime Act of 1984 (Public Law 98-
473); the Adam Walsh Child Protection and Safety Act of 2006 (Public 
Law 109-248); the PROTECT Our Children Act of 2008 (Public Law 110-
401); subtitle D of title II of the Homeland Security Act of 2002 
(Public Law 107-296), which may include research and development; and 
other programs (including the Statewide Automated Victim Notification 
Program); $235,000,000, to remain available until expended, of which--
        (1) $60,000,000 is for criminal justice statistics programs, 
    and other activities, as authorized by part C of title I of the 
    1968 Act, of which $41,000,000 is for the National Crime 
    Victimization Survey;
        (2) $48,000,000 is for research, development, and evaluation 
    programs, and other activities as authorized by part B of title I 
    of the 1968 Act;
        (3) $12,000,000 is for the Statewide Victim Notification System 
    of the Bureau of Justice Assistance;
        (4) $45,000,000 is for the Regional Information Sharing System, 
    as authorized by part M of title I of the 1968 Act; and
        (5) $70,000,000 is for missing and exploited children programs, 
    including as authorized by sections 404(b) and 405(a) of the 1974 
    Act.

               state and local law enforcement assistance

    For grants, contracts, cooperative agreements, and other assistance 
authorized by the Violent Crime Control and Law Enforcement Act of 1994 
(Public Law 103-322) (``the 1994 Act''); the Omnibus Crime Control and 
Safe Streets Act of 1968 (``the 1968 Act''); the Justice for All Act of 
2004 (Public Law 108-405); the Victims of Child Abuse Act of 1990 
(Public Law 101-647) (``the 1990 Act''); the Trafficking Victims 
Protection Reauthorization Act of 2005 (Public Law 109-164); the 
Violence Against Women and Department of Justice Reauthorization Act of 
2005 (Public Law 109-162); the Adam Walsh Child Protection and Safety 
Act of 2006 (Public Law 109-248); and the Victims of Trafficking and 
Violence Protection Act of 2000 (Public Law 106-386); the Second Chance 
Act of 2007 (Public Law 110-199); the Prioritizing Resources and 
Organization for Intellectual Property Act of 2008 (Public Law 110-
403); and other programs; $1,534,768,000, to remain available until 
expended as follows--
        (1) $519,000,000 for the Edward Byrne Memorial Justice 
    Assistance Grant program as authorized by subpart 1 of part E of 
    title I of the 1968 Act, (except that section 1001(c), and the 
    special rules for Puerto Rico under section 505(g), of the 1968 
    Act, as amended, shall not apply for purposes of this Act), of 
    which $5,000,000 is for use by the National Institute of Justice in 
    assisting units of local government to identify, select, develop, 
    modernize, and purchase new technologies for use by law 
    enforcement, and $3,000,000 is for a program to improve State and 
    local law enforcement intelligence capabilities including 
    antiterrorism training and training to ensure that constitutional 
    rights, civil liberties, civil rights, and privacy interests are 
    protected throughout the intelligence process;
        (2) $330,000,000 for the State Criminal Alien Assistance 
    Program, as authorized by section 241(i)(5) of the Immigration and 
    Nationality Act (8 U.S.C. 1231(i)(5));
        (3) $31,000,000 for the Southwest Border Prosecutor Initiative 
    to reimburse State, county, parish, tribal, or municipal 
    governments for costs associated with the prosecution of criminal 
    cases declined by local offices of the United States Attorneys;
        (4) $185,268,000 for discretionary grants to improve the 
    functioning of the criminal justice system, to prevent or combat 
    juvenile delinquency, and to assist victims of crime (other than 
    compensation), which shall be used for the projects, and in the 
    amounts, specified in the explanatory statement accompanying this 
    Act;
        (5) $40,000,000 for competitive grants to improve the 
    functioning of the criminal justice system, to prevent or combat 
    juvenile delinquency, and to assist victims of crime (other than 
    compensation);
        (6) $2,000,000 for the purposes described in the Missing 
    Alzheimer's Disease Patient Alert Program (section 240001 of the 
    1994 Act);
        (7) $12,500,000 for victim services programs for victims of 
    trafficking, as authorized by section 107(b)(2) of Public Law 106-
    386 and for programs authorized under Public Law 109-164;
        (8) $45,000,000 for Drug Courts, as authorized by section 
    1001(25)(A) of title I of the 1968 Act;
        (9) $7,000,000 for a program to monitor prescription drugs and 
    scheduled listed chemical products;
        (10) $15,000,000 for prison rape prevention and prosecution and 
    other programs, as authorized by the Prison Rape Elimination Act of 
    2003 (Public Law 108-79);
        (11) $30,000,000 for grants for Residential Substance Abuse 
    Treatment for State Prisoners, as authorized by part S of title I 
    of the 1968 Act;
        (12) $5,500,000 for the Capital Litigation Improvement Grant 
    Program, as authorized by section 426 of Public Law 108-405, and 
    for grants for wrongful conviction review;
        (13) $12,000,000 for mental health courts and adult and 
    juvenile collaboration program grants, as authorized by parts V and 
    HH of title I of the 1968 Act, and the Mentally Ill Offender 
    Treatment and Crime Reduction Reauthorization and Improvement Act 
    of 2008 (Public Law 110-416);
        (14) $50,000,000 for assistance to Indian tribes, of which--
            (A) $10,000,000 shall be available for grants under section 
        20109 of subtitle A of title II of the 1994 Act;
            (B) $25,000,000 shall be available for the Tribal Courts 
        Initiative;
            (C) $12,000,000 shall be available for tribal alcohol and 
        substance abuse reduction assistance grants; and
            (D) $3,000,000 shall be available for training and 
        technical assistance and civil and criminal legal assistance as 
        authorized by title I of Public Law 106-559;
        (15) $20,000,000 for economic, high technology and Internet 
    crime prevention grants, including as authorized by section 401 of 
    Public Law 110-403;
        (16) $15,000,000 for the court-appointed special advocate 
    program, as authorized by section 217 of the 1990 Act;
        (17) $2,500,000 for child abuse training programs for judicial 
    personnel and practitioners, as authorized by section 222 of the 
    1990 Act;
        (18) $3,000,000 for grants to improve the stalking and domestic 
    violence database, as authorized by section 40602 of the 1994 Act;
        (19) $1,000,000 for analysis and research on violence against 
    Indian women, including as authorized by section 904 of the 2005 
    Act;
        (20) $3,500,000 for training programs as authorized by section 
    40152 of the 1994 Act, and for related local demonstration 
    projects;
        (21) $1,000,000 for grants for televised testimony, as 
    authorized by part N of title I of the 1968 Act;
        (22) $15,000,000 for programs to reduce gun crime and gang 
    violence;
        (23) $20,000,000 for grants to assist State and tribal 
    governments as authorized by the NICS Improvements Amendments Act 
    of 2007 (Public Law 110-180);
        (24) $11,500,000 for the National Criminal History Improvement 
    program for grants to upgrade criminal records;
        (25) $100,000,000 for offender reentry programs, as authorized 
    by the Second Chance Act of 2007 (Public Law 110-199), of which 
    $37,000,000 is for grants for adult and juvenile offender State and 
    local reentry demonstration projects, $15,000,000 is for grants for 
    mentoring and transitional services, $10,000,000 is for reentry 
    courts, $7,500,000 is for family-based substance abuse treatment, 
    $2,500,000 is for evaluation and improvement of education at 
    prisons, jails, and juvenile facilities, $5,000,000 is for 
    technology careers training demonstration grants, $13,000,000 is 
    for offender reentry substance abuse and criminal justice 
    collaboration, and $10,000,000 is for prisoner reentry research;
        (26) $10,000,000 for activities related to comprehensive 
    criminal justice reform and recidivism reduction efforts by States;
        (27) $10,000,000 for implementation of a student loan repayment 
    assistance program pursuant to section 952 of Public Law 110-315;
        (28) $3,000,000 for the Northern Border Prosecutor Initiative 
    to reimburse State, county, parish, tribal, or municipal 
    governments for the costs associated with the prosecution of 
    criminal cases declined by local offices of the United States 
    Attorneys; and
        (29) $35,000,000 for Paul Coverdell Forensic Science 
    Improvement Grants under part BB of title I of the 1968 Act:
Provided,  That if a unit of local government uses any of the funds 
made available under this heading to increase the number of law 
enforcement officers, the unit of local government will achieve a net 
gain in the number of law enforcement officers who perform non-
administrative public sector safety service.

                       weed and seed program fund

    For necessary expenses, including salaries and related expenses of 
the Office of Weed and Seed Strategies, $20,000,000, to remain 
available until expended, as authorized by section 103 of title I of 
the Omnibus Crime Control and Safe Streets Act of 1968.

                       juvenile justice programs

    For grants, contracts, cooperative agreements, and other assistance 
authorized by the Juvenile Justice and Delinquency Prevention Act of 
1974 (``the 1974 Act''), the Omnibus Crime Control and Safe Streets Act 
of 1968 (``the 1968 Act''), the Violence Against Women and Department 
of Justice Reauthorization Act of 2005 (Public Law 109-162), the 
Missing Children's Assistance Act (42 U.S.C. 5771 et seq.); the 
Prosecutorial Remedies and Other Tools to end the Exploitation of 
Children Today Act of 2003 (Public Law 108-21); the Victims of Child 
Abuse Act of 1990 (Public Law 101-647); the Adam Walsh Child Protection 
and Safety Act of 2006 (Public Law 109-248); the PROTECT Our Children 
Act of 2008 (Public Law 110-401), and other juvenile justice programs, 
$423,595,000, to remain available until expended as follows--
        (1) $75,000,000 for programs authorized by section 221 of the 
    1974 Act, and for training and technical assistance to assist 
    small, non-profit organizations with the Federal grants process;
        (2) $91,095,000 for grants and projects, as authorized by 
    sections 261 and 262 of the 1974 Act, which shall be used for the 
    projects, and in the amounts, specified in the explanatory 
    statement accompanying this Act;
        (3) $100,000,000 for youth mentoring grants;
        (4) $65,000,000 for delinquency prevention, as authorized by 
    section 505 of the 1974 Act, of which, pursuant to sections 261 and 
    262 thereof--
            (A) $25,000,000 shall be for the Tribal Youth Program;
            (B) $10,000,000 shall be for a gang education initiative; 
        and
            (C) $25,000,000 shall be for grants of $360,000 to each 
        State and $4,840,000 shall be available for discretionary 
        grants, for programs and activities to enforce State laws 
        prohibiting the sale of alcoholic beverages to minors or the 
        purchase or consumption of alcoholic beverages by minors, for 
        prevention and reduction of consumption of alcoholic beverages 
        by minors, and for technical assistance and training;
        (5) $22,500,000 for programs authorized by the Victims of Child 
    Abuse Act of 1990;
        (6) $55,000,000 for the Juvenile Accountability Block Grants 
    program as authorized by part R of title I of the 1968 Act and Guam 
    shall be considered a State;
        (7) $10,000,000 for community-based violence prevention 
    initiatives; and
        (8) $5,000,000 for the Safe Start Program, as authorized by the 
    1974 Act:
Provided, That not more than 10 percent of each amount may be used for 
research, evaluation, and statistics activities designed to benefit the 
programs or activities authorized: Provided further, That not more than 
2 percent of each amount may be used for training and technical 
assistance: Provided further, That the previous two provisos shall not 
apply to grants and projects authorized by sections 261 and 262 of the 
1974 Act.

                     public safety officer benefits

    For payments and expenses authorized under section 1001(a)(4) of 
title I of the Omnibus Crime Control and Safe Streets Act of 1968, such 
sums as are necessary (including amounts for administrative costs, 
which amounts shall be paid to the ``Salaries and Expenses'' account), 
to remain available until expended; and $9,100,000 for payments 
authorized by section 1201(b) of such Act and for educational 
assistance authorized by section 1218 of such Act, to remain available 
until expended: Provided, That notwithstanding section 205 of this Act, 
upon a determination by the Attorney General that emergent 
circumstances require additional funding for such disability and 
education payments, the Attorney General may transfer such amounts to 
``Public Safety Officer Benefits'' from available appropriations for 
the current fiscal year for the Department of Justice as may be 
necessary to respond to such circumstances: Provided further, That any 
transfer pursuant to the previous proviso shall be treated as a 
reprogramming under section 505 of this Act and shall not be available 
for obligation or expenditure except in compliance with the procedures 
set forth in that section.

                  Community Oriented Policing Services

                     (including transfers of funds)

    For activities authorized by the Violent Crime Control and Law 
Enforcement Act of 1994 (Public Law 103-322); the Omnibus Crime Control 
and Safe Streets Act of 1968 (``the 1968 Act''); the Violence Against 
Women and Department of Justice Reauthorization Act of 2005 (Public Law 
109-162); subtitle D of title II of the Homeland Security Act of 2002 
(Public Law 107-296), which may include research and development; and 
the USA PATRIOT Improvement and Reauthorization Act of 2005 (Public Law 
109-177); the NICS Improvement Amendments Act of 2007 (Public Law 110-
180); the Adam Walsh Child Protection and Safety Act of 2006 (Public 
Law 109-248) (the ``Adam Walsh Act''); and the Justice for All Act of 
2004 (Public Law 108-405), $791,608,000, to remain available until 
expended: Provided, That any balances made available through prior year 
deobligations shall only be available in accordance with section 505 of 
this Act. Of the amount provided (which shall be by transfer, for 
programs administered by the Office of Justice Programs)--
        (1) $30,000,000 for the matching grant program for law 
    enforcement armor vests, as authorized by section 2501 of title I 
    of the 1968 Act: Provided, That $1,500,000 is for related research, 
    testing, and evaluation programs;
        (2) $40,385,000 for grants to entities described in section 
    1701 of title I of the 1968 Act, to address public safety and 
    methamphetamine manufacturing, sale, and use in hot spots as 
    authorized by section 754 of Public Law 109-177, and for other 
    anti-methamphetamine-related activities: Provided, That within the 
    amounts appropriated $25,385,000 shall be used for the projects, 
    and in the amounts, specified in the explanatory statement 
    accompanying this Act: Provided further, That within the amounts 
    appropriated $10,000,000 shall be transferred to the Drug 
    Enforcement Administration upon enactment of this Act: Provided 
    further, That within the amounts appropriated $5,000,000 is for 
    anti-methamphetamine-related activities in Indian Country;
        (3) $170,223,000 for a law enforcement technologies and 
    interoperable communications program, and related law enforcement 
    and public safety equipment: Provided, That within the amounts 
    appropriated, $168,723,000 shall be used for the projects, and in 
    the amounts, specified in the explanatory statement accompanying 
    this Act: Provided further, That of the amounts provided under this 
    heading $1,500,000 is transferred directly to the National 
    Institute of Standards and Technology's Office of Law Enforcement 
    Standards from the Community Oriented Policing Services Office for 
    research, testing, and evaluation programs;
        (4) $161,000,000 for DNA related and forensic programs and 
    activities, of which--
            (A) $151,000,000 is for a DNA analysis and capacity 
        enhancement program and for other local, State, and Federal 
        forensic activities including the purposes of section 2 of the 
        DNA Analysis Backlog Elimination Act of 2000 (the Debbie Smith 
        DNA Backlog Grant Program);
            (B) $5,000,000 is for the purposes described in the Kirk 
        Bloodsworth Post-Conviction DNA Testing Program (Public Law 
        108-405, section 412); and
            (C) $5,000,000 is for Sexual Assault Forensic Exam Program 
        Grants as authorized by Public Law 108-405, section 304;
        (5) $40,000,000 for improving tribal law enforcement, including 
    equipment and training;
        (6) $12,000,000 for community policing development activities;
        (7) $24,000,000 for a national grant program the purpose of 
    which is to assist State and local law enforcement to locate, 
    arrest and prosecute child sexual predators and exploiters, and to 
    enforce sex offender registration laws described in section 1701(b) 
    of the 1968 Act, of which--
            (A) $11,000,000 is for sex offender management assistance 
        as authorized by the Adam Walsh Act and the Violent Crime 
        Control Act of 1994 (Public Law 103-322); and
            (B) $1,000,000 is for the National Sex Offender Public 
        Registry;
        (8) $16,000,000 for expenses authorized by part AA of the 1968 
    Act (Secure our Schools); and
        (9) $298,000,000 for grants under section 1701 of title I of 
    the 1968 Act (42 U.S.C. 3796dd) for the hiring and rehiring of 
    additional career law enforcement officers under part Q of such 
    title notwithstanding subsections (g) and (i) of such section and 
    notwithstanding 42 U.S.C. 3796dd-3(c).

                         Salaries and Expenses

    For necessary expenses, not elsewhere specified in this title, for 
management and administration of programs within the Office on Violence 
Against Women, the Office of Justice Programs and the Community 
Oriented Policing Services Office, $192,388,000, of which not to exceed 
$15,708,000 shall be available for the Office on Violence Against 
Women; not to exceed $139,218,000 shall be available for the Office of 
Justice Programs; not to exceed $37,462,000 shall be available for the 
Community Oriented Policing Services Office: Provided, That, 
notwithstanding section 109 of title I of Public Law 90-351, an 
additional amount, not to exceed $21,000,000 shall be available for 
authorized activities of the Office of Audit, Assessment, and 
Management: Provided further, That the total amount available for 
management and administration of such programs shall not exceed 
$213,388,000: Provided further, That notwithstanding section 205 of 
this Act, upon a determination by the Attorney General that emergent 
circumstances require additional funding for management and 
administration of such programs, the Attorney General may transfer such 
amounts to ``Salaries and Expenses'' from available appropriations for 
the current fiscal year for the Department of Justice as may be 
necessary to respond to such circumstances: Provided further, That any 
transfer pursuant to the previous proviso shall be treated as a 
reprogramming under section 505 of this Act and shall not be available 
for obligation or expenditure except in compliance with the procedures 
set forth in that section.

               General Provisions--Department of Justice

    Sec. 201.  In addition to amounts otherwise made available in this 
title for official reception and representation expenses, a total of 
not to exceed $75,000 from funds appropriated to the Department of 
Justice in this title shall be available to the Attorney General for 
official reception and representation expenses.
    Sec. 202.  None of the funds appropriated by this title shall be 
available to pay for an abortion, except where the life of the mother 
would be endangered if the fetus were carried to term, or in the case 
of rape: Provided, That should this prohibition be declared 
unconstitutional by a court of competent jurisdiction, this section 
shall be null and void.
    Sec. 203.  None of the funds appropriated under this title shall be 
used to require any person to perform, or facilitate in any way the 
performance of, any abortion.
    Sec. 204.  Nothing in the preceding section shall remove the 
obligation of the Director of the Bureau of Prisons to provide escort 
services necessary for a female inmate to receive such service outside 
the Federal facility: Provided, That nothing in this section in any way 
diminishes the effect of section 203 intended to address the 
philosophical beliefs of individual employees of the Bureau of Prisons.
    Sec. 205.  Not to exceed 5 percent of any appropriation made 
available for the current fiscal year for the Department of Justice in 
this Act may be transferred between such appropriations, but no such 
appropriation, except as otherwise specifically provided, shall be 
increased by more than 10 percent by any such transfers: Provided, That 
any transfer pursuant to this section shall be treated as a 
reprogramming of funds under section 505 of this Act and shall not be 
available for obligation except in compliance with the procedures set 
forth in that section.
    Sec. 206.  The Attorney General is authorized to extend through 
September 30, 2011, the Personnel Management Demonstration Project 
transferred to the Attorney General pursuant to section 1115 of the 
Homeland Security Act of 2002, Public Law 107-296 (6 U.S.C. 533) 
without limitation on the number of employees or the positions covered.
    Sec. 207.  Notwithstanding any other provision of law, Public Law 
102-395 section 102(b) shall extend to the Bureau of Alcohol, Tobacco, 
Firearms and Explosives in the conduct of undercover investigative 
operations and shall apply without fiscal year limitation with respect 
to any undercover investigative operation by the Bureau of Alcohol, 
Tobacco, Firearms and Explosives that is necessary for the detection 
and prosecution of crimes against the United States.
    Sec. 208.  None of the funds made available to the Department of 
Justice in this Act may be used for the purpose of transporting an 
individual who is a prisoner pursuant to conviction for crime under 
State or Federal law and is classified as a maximum or high security 
prisoner, other than to a prison or other facility certified by the 
Federal Bureau of Prisons as appropriately secure for housing such a 
prisoner.
    Sec. 209. (a) None of the funds appropriated by this Act may be 
used by Federal prisons to purchase cable television services, to rent 
or purchase videocassettes, videocassette recorders, or other 
audiovisual or electronic equipment used primarily for recreational 
purposes.
    (b) The preceding sentence does not preclude the renting, 
maintenance, or purchase of audiovisual or electronic equipment for 
inmate training, religious, or educational programs.
    Sec. 210.  None of the funds made available under this title shall 
be obligated or expended for Sentinel, or for any other major new or 
enhanced information technology program having total estimated 
development costs in excess of $100,000,000, unless the Deputy Attorney 
General and the investment review board certify to the Committees on 
Appropriations that the information technology program has appropriate 
program management and contractor oversight mechanisms in place, and 
that the program is compatible with the enterprise architecture of the 
Department of Justice.
    Sec. 211.  The notification thresholds and procedures set forth in 
section 505 of this Act shall apply to deviations from the amounts 
designated for specific activities in this Act and accompanying 
statement, and to any use of deobligated balances of funds provided 
under this title in previous years.
    Sec. 212.  None of the funds appropriated by this Act may be used 
to plan for, begin, continue, finish, process, or approve a public-
private competition under the Office of Management and Budget Circular 
A-76 or any successor administrative regulation, directive, or policy 
for work performed by employees of the Bureau of Prisons or of Federal 
Prison Industries, Incorporated.
    Sec. 213.  Notwithstanding any other provision of law, no funds 
shall be available for the salary, benefits, or expenses of any United 
States Attorney assigned dual or additional responsibilities by the 
Attorney General or his designee that exempt that United States 
Attorney from the residency requirements of 28 U.S.C. 545.
    Sec. 214.  None of the funds appropriated in this or any other Act 
shall be obligated for the initiation of a future phase of the Federal 
Bureau of Investigation's Sentinel program until the Attorney General 
certifies to the Committees on Appropriations that existing phases 
currently under contract for development or fielding have completed a 
majority of the work for that phase under the performance measurement 
baseline validated by the integrated baseline review conducted in 2008: 
Provided, That this restriction does not apply to planning and design 
activities for future phases: Provided further, That the Bureau will 
notify the Committees on Appropriations of any significant changes to 
the baseline.
    Sec. 215.  In addition to any amounts that otherwise may be 
available (or authorized to be made available) by law, with respect to 
funds appropriated by this Act under the headings ``Justice 
Assistance'', ``State and Local Law Enforcement Assistance'', ``Weed 
and Seed'', ``Juvenile Justice Programs'', and ``Community Oriented 
Policing Services''--
        (1) Up to 3 percent of funds made available to the Office of 
    Justice Programs for grants or reimbursement may be used to provide 
    training and technical assistance; and
        (2) Up to 1 percent of funds made available to such Office for 
    formula grants under such headings may be used for research or 
    statistical purposes by the National Institute of Justice or the 
    Bureau of Justice Statistics, pursuant to, respectively, sections 
    201 and 202, and sections 301 and 302 of title I of Public Law 90-
    351.
    Sec. 216.  The Attorney General may, upon request by a grantee and 
based upon a determination of fiscal hardship, waive the requirements 
of paragraph (1) of section 2976(g) of the Omnibus Crime Control and 
Safe Streets Act of 1968 (42 U.S.C. 3797w(g)(1)) with respect to funds 
appropriated in this or any other Act making appropriations for fiscal 
years 2009 and 2010 for Adult and Juvenile Offender State and Local 
Reentry Demonstration Projects authorized under part FF of such Act of 
1968.
    Sec. 217.  Section 5759 of title 5, United States Code, is amended 
by striking subsection (e).
    Sec. 218. (a) The Attorney General shall submit quarterly reports 
to the Inspector General of the Department of Justice regarding the 
costs and contracting procedures relating to each conference held by 
the Department of Justice during fiscal year 2010 for which the cost to 
the Government was more than $20,000.
    (b) Each report submitted under subsection (a) shall include, for 
each conference described in that subsection held during the applicable 
quarter--
        (1) a description of the subject of and number of participants 
    attending that conference;
        (2) a detailed statement of the costs to the Government 
    relating to that conference, including--
            (A) the cost of any food or beverages;
            (B) the cost of any audio-visual services; and
            (C) a discussion of the methodology used to determine which 
        costs relate to that conference; and
        (3) a description of the contracting procedures relating to 
    that conference, including--
            (A) whether contracts were awarded on a competitive basis 
        for that conference; and
            (B) a discussion of any cost comparison conducted by the 
        Department of Justice in evaluating potential contractors for 
        that conference.
    Sec. 219. (a) Subchapter IV of chapter 57 of title 5, United States 
Code, is amended by adding at the end the following:
    ``Sec. 5761. Foreign language proficiency pay awards for the 
      Federal Bureau of Investigation
    ``The Director of the Federal Bureau of Investigation may, under 
regulations prescribed by the Director, pay a cash award of up to 10 
percent of basic pay to any Bureau employee who maintains proficiency 
in a language or languages critical to the mission or who uses one or 
more foreign languages in the performance of official duties.''.
    (b) The analysis for chapter 57 of title 5, United States Code, is 
amended by adding at the end the following:

``5761. Foreign language proficiency pay awards for the Federal Bureau 
          of Investigation.''
    Sec. 220.  For purposes of the allocation under section 505(d)(1) 
of title I of Public Law 90-351 (42 U.S.C. 3755(d)(1)) for fiscal year 
2010, the Attorney General is authorized to waive the application of 
section 505(e)(3) (42 U.S.C. 3755(e)(3)) to any non-reporting unit of 
local government that--
        (1) was eligible to receive an allocation under section 
    505(d)(2)(B) (42 U.S.C. 3755(d)(2)(B));
        (2) agrees to begin to report timely data on part I violent 
    crimes of the Uniform Crime Reports to the Federal Bureau of 
    Investigation by not later than the end of such fiscal year; and
        (3) does so begin in accordance with such agreement.
    This title may be cited as the ``Department of Justice 
Appropriations Act, 2010''.

                               TITLE III

                                SCIENCE

                Office of Science and Technology Policy

    For necessary expenses of the Office of Science and Technology 
Policy, in carrying out the purposes of the National Science and 
Technology Policy, Organization, and Priorities Act of 1976 (42 U.S.C. 
6601-6671), hire of passenger motor vehicles, and services as 
authorized by 5 U.S.C. 3109, not to exceed $2,500 for official 
reception and representation expenses, and rental of conference rooms 
in the District of Columbia, $7,000,000.

             National Aeronautics and Space Administration

                                science

    For necessary expenses, not otherwise provided for, in the conduct 
and support of science research and development activities, including 
research, development, operations, support, and services; maintenance; 
space flight, spacecraft control, and communications activities; 
program management; personnel and related costs, including uniforms or 
allowances therefor, as authorized by 5 U.S.C. 5901-5902; travel 
expenses; purchase and hire of passenger motor vehicles; and purchase, 
lease, charter, maintenance, and operation of mission and 
administrative aircraft, $4,469,000,000, to remain available until 
September 30, 2011.

                              aeronautics

    For necessary expenses, not otherwise provided for, in the conduct 
and support of aeronautics research and development activities, 
including research, development, operations, support, and services; 
maintenance; space flight, spacecraft control, and communications 
activities; program management; personnel and related costs, including 
uniforms or allowances therefor, as authorized by 5 U.S.C. 5901-5902; 
travel expenses; purchase and hire of passenger motor vehicles; and 
purchase, lease, charter, maintenance, and operation of mission and 
administrative aircraft, $501,000,000, to remain available until 
September 30, 2011.

                              exploration

    For necessary expenses, not otherwise provided for, in the conduct 
and support of exploration research and development activities, 
including research, development, operations, support, and services; 
maintenance; space flight, spacecraft control, and communications 
activities; program management, personnel and related costs, including 
uniforms or allowances therefor, as authorized by 5 U.S.C. 5901-5902; 
travel expenses; purchase and hire of passenger motor vehicles; and 
purchase, lease, charter, maintenance, and operation of mission and 
administrative aircraft, $3,746,300,000, to remain available until 
September 30, 2011: Provided, That notwithstanding section 505 of this 
Act, none of the funds provided herein and from prior years that remain 
available for obligation during fiscal year 2010 shall be available for 
the termination or elimination of any program, project or activity of 
the architecture for the Constellation program nor shall such funds be 
available to create or initiate a new program, project or activity, 
unless such program termination, elimination, creation, or initiation 
is provided in subsequent appropriations Acts.

                            space operations

    For necessary expenses, not otherwise provided for, in the conduct 
and support of space operations research and development activities, 
including research, development, operations, support and services; 
space flight, spacecraft control and communications activities 
including operations, production, and services; maintenance; program 
management; personnel and related costs, including uniforms or 
allowances therefor, as authorized by 5 U.S.C. 5901-5902; travel 
expenses; purchase and hire of passenger motor vehicles; and purchase, 
lease, charter, maintenance and operation of mission and administrative 
aircraft, $6,146,800,000, to remain available until September 30, 2011: 
Provided, That of the amounts provided under this heading, not more 
than $3,157,100,000 shall be for Space Shuttle operations, production, 
research, development, and support, not more than $2,317,000,000 shall 
be for International Space Station operations, production, research, 
development, and support, and not more than $751,500,000 shall be for 
Space and Flight Support.

                               education

    For necessary expenses, not otherwise provided for, in carrying out 
aerospace and aeronautical education research and development 
activities, including research, development, operations, support, and 
services; program management; personnel and related costs, uniforms or 
allowances therefor, as authorized by 5 U.S.C. 5901-5902; travel 
expenses; purchase and hire of passenger motor vehicles; and purchase, 
lease, charter, maintenance, and operation of mission and 
administrative aircraft, $182,500,000, to remain available until 
September 30, 2011.

                          cross agency support

    For necessary expenses, not otherwise provided for, in the conduct 
and support of science, aeronautics, exploration, space operations and 
education research and development activities, including research, 
development, operations, support, and services; maintenance; space 
flight, spacecraft control, and communications activities; program 
management; personnel and related costs, including uniforms or 
allowances therefor, as authorized by 5 U.S.C. 5901-5902; travel 
expenses; purchase and hire of passenger motor vehicles; not to exceed 
$70,000 for official reception and representation expenses; and 
purchase, lease, charter, maintenance, and operation of mission and 
administrative aircraft, $3,194,000,000: Provided, That not more than 
$2,206,300,000 shall be available for center management and operations: 
Provided further, That not less than $40,000,000 shall be available for 
independent verification and validation activities: Provided further, 
That within the amounts appropriated, $63,000,000 shall be used for the 
projects, and in the amounts, specified in the explanatory statement 
accompanying this Act.

       construction and environmental compliance and remediation

    For necessary expenses for construction of facilities including 
repair, rehabilitation, revitalization, and modification of facilities, 
construction of new facilities and additions to existing facilities, 
facility planning and design, and restoration, and acquisition or 
condemnation of real property, as authorized by law, and environmental 
compliance and restoration, $448,300,000, to remain available until 
September 30, 2015: Provided, That within the funds provided, 
$13,700,000 shall be available to support science research and 
development activities; $90,800,000 shall be available to support 
exploration research and development activities; $27,300,000 shall be 
available to support space operations research and development 
activities; and $316,500,000 shall be available for cross agency 
support activities: Provided further, That hereafter, notwithstanding 
section 315 of the National Aeronautics and Space Act of 1958 (42 
U.S.C. 2459j), all proceeds from leases entered into under that section 
shall be deposited into this account and shall be available for a 
period of 5 years, to the extent provided in annual appropriations 
Acts: Provided further, That such proceeds shall be available for 
obligation for fiscal year 2010 in an amount not to exceed $6,226,000: 
Provided further, That each annual budget request shall include an 
annual estimate of gross receipts and collections and proposed use of 
all funds collected pursuant to section 315 of the National Aeronautics 
and Space Act of 1958 (42 U.S.C. 2459j).

                      office of inspector general

    For necessary expenses of the Office of Inspector General in 
carrying out the Inspector General Act of 1978, $36,400,000.

                       administrative provisions

    Funds for announced prizes otherwise authorized shall remain 
available, without fiscal year limitation, until the prize is claimed 
or the offer is withdrawn.
    Not to exceed 5 percent of any appropriation made available for the 
current fiscal year for the National Aeronautics and Space 
Administration in this Act may be transferred between such 
appropriations, but no such appropriation, except as otherwise 
specifically provided, shall be increased by more than 10 percent by 
any such transfers. Any transfer pursuant to this provision shall be 
treated as a reprogramming of funds under section 505 of this Act and 
shall not be available for obligation except in compliance with the 
procedures set forth in that section.
    Notwithstanding any other provision of law, no funds shall be used 
to implement by Reduction in Force or other involuntary separations 
(except for cause) by the National Aeronautics and Space Administration 
prior to September 30, 2010.
    The unexpired balances of the Science, Aeronautics, and Exploration 
account, for activities for which funds are provided under this Act, 
may be transferred to the new accounts established in this Act that 
provide such activity. Balances so transferred shall be merged with the 
funds in the newly established accounts, but shall be available under 
the same terms, conditions and period of time as previously 
appropriated.

                      National Science Foundation

                    research and related activities

                     (including transfer of funds)

    For necessary expenses in carrying out the National Science 
Foundation Act of 1950, as amended (42 U.S.C. 1861-1875), and the Act 
to establish a National Medal of Science (42 U.S.C. 1880-1881); 
services as authorized by 5 U.S.C. 3109; maintenance and operation of 
aircraft and purchase of flight services for research support; 
acquisition of aircraft; and authorized travel; $5,617,920,000, to 
remain available until September 30, 2011, of which not to exceed 
$570,000,000 shall remain available until expended for polar research 
and operations support, and for reimbursement to other Federal agencies 
for operational and science support and logistical and other related 
activities for the United States Antarctic program: Provided, That from 
funds specified in the fiscal year 2010 budget request for icebreaking 
services, $54,000,000 shall be transferred to the U.S. Coast Guard 
``Operating Expenses'' within 60 days of enactment of this Act: 
Provided further, That receipts for scientific support services and 
materials furnished by the National Research Centers and other National 
Science Foundation supported research facilities may be credited to 
this appropriation: Provided further, That not less than $147,120,000 
shall be available for activities authorized by section 
7002(c)(2)(A)(iv) of Public Law 110-69.

          major research equipment and facilities construction

    For necessary expenses for the acquisition, construction, 
commissioning, and upgrading of major research equipment, facilities, 
and other such capital assets pursuant to the National Science 
Foundation Act of 1950, as amended (42 U.S.C. 1861-1875), including 
authorized travel, $117,290,000, to remain available until expended: 
Provided, That none of the funds may be used to reimburse the Judgment 
Fund.

                     education and human resources

    For necessary expenses in carrying out science, mathematics and 
engineering education and human resources programs and activities 
pursuant to the National Science Foundation Act of 1950, as amended (42 
U.S.C. 1861-1875), including services as authorized by 5 U.S.C. 3109, 
authorized travel, and rental of conference rooms in the District of 
Columbia, $872,760,000, to remain available until September 30, 2011: 
Provided, That not less than $55,000,000 shall be available until 
expended for activities authorized by section 7030 of Public Law 110-
69: Provided further, That not less than $32,000,000 shall be available 
until expended for the Historically Black Colleges and Universities 
Undergraduate Program.

                 agency operations and award management

    For agency operations and award management necessary in carrying 
out the National Science Foundation Act of 1950, as amended (42 U.S.C. 
1861-1875); services authorized by 5 U.S.C. 3109; hire of passenger 
motor vehicles; not to exceed $9,200 for official reception and 
representation expenses; uniforms or allowances therefor, as authorized 
by 5 U.S.C. 5901-5902; rental of conference rooms in the District of 
Columbia; and reimbursement of the Department of Homeland Security for 
security guard services; $300,000,000: Provided, That contracts may be 
entered into under this heading in fiscal year 2010 for maintenance and 
operation of facilities, and for other services, to be provided during 
the next fiscal year.

                  office of the national science board

    For necessary expenses (including payment of salaries, authorized 
travel, hire of passenger motor vehicles, the rental of conference 
rooms in the District of Columbia, and the employment of experts and 
consultants under section 3109 of title 5, United States Code) involved 
in carrying out section 4 of the National Science Foundation Act of 
1950, as amended (42 U.S.C. 1863) and Public Law 86-209 (42 U.S.C. 1880 
et seq.), $4,540,000: Provided, That not to exceed $2,800 shall be 
available for official reception and representation expenses.

                      office of inspector general

    For necessary expenses of the Office of Inspector General as 
authorized by the Inspector General Act of 1978, as amended, 
$14,000,000.
    This title may be cited as the ``Science Appropriations Act, 
2010''.

                                TITLE IV

                            RELATED AGENCIES

                       Commission on Civil Rights

                         salaries and expenses

    For necessary expenses of the Commission on Civil Rights, including 
hire of passenger motor vehicles, $9,400,000: Provided, That none of 
the funds appropriated in this paragraph shall be used to employ in 
excess of four full-time individuals under Schedule C of the Excepted 
Service exclusive of one special assistant for each Commissioner: 
Provided further, That none of the funds appropriated in this paragraph 
shall be used to reimburse Commissioners for more than 75 billable 
days, with the exception of the chairperson, who is permitted 125 
billable days.

                Equal Employment Opportunity Commission

                         salaries and expenses

    For necessary expenses of the Equal Employment Opportunity 
Commission as authorized by title VII of the Civil Rights Act of 1964, 
the Age Discrimination in Employment Act of 1967, the Equal Pay Act of 
1963, the Americans with Disabilities Act of 1990, the Civil Rights Act 
of 1991, the Genetic Information Non-Discrimination Act (GINA) of 2008 
(Public Law 110-233), the ADA Amendments Act of 2008 (Public Law 110-
325), and the Lilly Ledbetter Fair Pay Act of 2009 (Public Law 111-2), 
including services as authorized by 5 U.S.C. 3109; hire of passenger 
motor vehicles as authorized by 31 U.S.C. 1343(b); nonmonetary awards 
to private citizens; and not to exceed $30,000,000 for payments to 
State and local enforcement agencies for authorized services to the 
Commission, $367,303,000: Provided, That the Commission is authorized 
to make available for official reception and representation expenses 
not to exceed $2,500 from available funds: Provided further, That the 
Commission may take no action to implement any workforce repositioning, 
restructuring, or reorganization until such time as the House and 
Senate Committees on Appropriations have been notified of such 
proposals, in accordance with the reprogramming requirements of section 
505 of this Act: Provided further, That the Chair is authorized to 
accept and use any gift or donation to carry out the work of the 
Commission.

                     International Trade Commission

                         salaries and expenses

    For necessary expenses of the International Trade Commission, 
including hire of passenger motor vehicles, and services as authorized 
by 5 U.S.C. 3109, and not to exceed $2,500 for official reception and 
representation expenses, $81,860,000, to remain available until 
expended.

                       Legal Services Corporation

               payment to the legal services corporation

    For payment to the Legal Services Corporation to carry out the 
purposes of the Legal Services Corporation Act of 1974, $420,000,000, 
of which $394,400,000 is for basic field programs and required 
independent audits; $4,200,000 is for the Office of Inspector General, 
of which such amounts as may be necessary may be used to conduct 
additional audits of recipients; $17,000,000 is for management and 
grants oversight; $3,400,000 is for client self-help and information 
technology; and $1,000,000 is for loan repayment assistance: Provided, 
That the Legal Services Corporation may continue to provide locality 
pay to officers and employees at a rate no greater than that provided 
by the Federal Government to Washington, DC-based employees as 
authorized by 5 U.S.C. 5304, notwithstanding section 1005(d) of the 
Legal Services Corporation Act, 42 U.S.C. 2996(d): Provided further, 
That the authorities provided in section 205 of this Act shall be 
applicable to the Legal Services Corporation.

          administrative provision--legal services corporation

    None of the funds appropriated in this Act to the Legal Services 
Corporation shall be expended for any purpose prohibited or limited by, 
or contrary to any of the provisions of, sections 501, 502, 503, 504, 
505, and 506 of Public Law 105-119, and all funds appropriated in this 
Act to the Legal Services Corporation shall be subject to the same 
terms and conditions set forth in such sections, except that all 
references in sections 502 and 503 to 1997 and 1998 shall be deemed to 
refer instead to 2009 and 2010, respectively.

                        Marine Mammal Commission

                         salaries and expenses

    For necessary expenses of the Marine Mammal Commission as 
authorized by title II of Public Law 92-522, $3,250,000.

            Office of the United States Trade Representative

                         salaries and expenses

    For necessary expenses of the Office of the United States Trade 
Representative, including the hire of passenger motor vehicles and the 
employment of experts and consultants as authorized by 5 U.S.C. 3109, 
$47,826,000, of which $1,000,000 shall remain available until expended: 
Provided, That not to exceed $124,000 shall be available for official 
reception and representation expenses: Provided further, That 
negotiations shall be conducted within the World Trade Organization to 
recognize the right of members to distribute monies collected from 
antidumping and countervailing duties: Provided further, That 
negotiations shall be conducted within the World Trade Organization 
consistent with the negotiating objectives contained in the Trade Act 
of 2002, Public Law 107-210.

                        State Justice Institute

                         salaries and expenses

    For necessary expenses of the State Justice Institute, as 
authorized by the State Justice Institute Authorization Act of 1984 (42 
U.S.C. 10701 et seq.) $5,131,000, of which $500,000 shall remain 
available until September 30, 2011: Provided, That not to exceed $2,500 
shall be available for official reception and representation expenses.

                                TITLE V

                           GENERAL PROVISIONS

    Sec. 501.  No part of any appropriation contained in this Act shall 
be used for publicity or propaganda purposes not authorized by the 
Congress.
    Sec. 502.  No part of any appropriation contained in this Act shall 
remain available for obligation beyond the current fiscal year unless 
expressly so provided herein.
    Sec. 503.  The expenditure of any appropriation under this Act for 
any consulting service through procurement contract, pursuant to 5 
U.S.C. 3109, shall be limited to those contracts where such 
expenditures are a matter of public record and available for public 
inspection, except where otherwise provided under existing law, or 
under existing Executive order issued pursuant to existing law.
    Sec. 504.  If any provision of this Act or the application of such 
provision to any person or circumstances shall be held invalid, the 
remainder of the Act and the application of each provision to persons 
or circumstances other than those as to which it is held invalid shall 
not be affected thereby.
    Sec. 505. (a) None of the funds provided under this Act, or 
provided under previous appropriations Acts to the agencies funded by 
this Act that remain available for obligation or expenditure in fiscal 
year 2010, or provided from any accounts in the Treasury of the United 
States derived by the collection of fees available to the agencies 
funded by this Act, shall be available for obligation or expenditure 
through the reprogramming of funds that--
        (1) creates or initiates a new program, project or activity;
        (2) eliminates a program, project or activity, unless the House 
    and Senate Committees on Appropriations are notified 15 days in 
    advance of such reprogramming of funds;
        (3) increases funds or personnel by any means for any project 
    or activity for which funds have been denied or restricted by this 
    Act, unless the House and Senate Committees on Appropriations are 
    notified 15 days in advance of such reprogramming of funds;
        (4) relocates an office or employees, unless the House and 
    Senate Committees on Appropriations are notified 15 days in advance 
    of such reprogramming of funds;
        (5) reorganizes or renames offices, programs or activities, 
    unless the House and Senate Committees on Appropriations are 
    notified 15 days in advance of such reprogramming of funds;
        (6) contracts out or privatizes any functions or activities 
    presently performed by Federal employees, unless the House and 
    Senate Committees on Appropriations are notified 15 days in advance 
    of such reprogramming of funds;
        (7) proposes to use funds directed for a specific activity by 
    either the House or Senate Committee on Appropriations for a 
    different purpose, unless the House and Senate Committees on 
    Appropriations are notified 15 days in advance of such 
    reprogramming of funds;
        (8) augments funds for existing programs, projects or 
    activities in excess of $500,000 or 10 percent, whichever is less, 
    or reduces by 10 percent funding for any program, project or 
    activity, or numbers of personnel by 10 percent as approved by 
    Congress, unless the House and Senate Committees on Appropriations 
    are notified 15 days in advance of such reprogramming of funds; or
        (9) results from any general savings, including savings from a 
    reduction in personnel, which would result in a change in existing 
    programs, projects or activities as approved by Congress, unless 
    the House and Senate Committees on Appropriations are notified 15 
    days in advance of such reprogramming of funds.
    (b) None of the funds in provided under this Act, or provided under 
previous appropriations Acts to the agencies funded by this Act that 
remain available for obligation or expenditure in fiscal year 2010, or 
provided from any accounts in the Treasury of the United States derived 
by the collection of fees available to the agencies funded by this Act, 
shall be available for obligation or expenditure through the 
reprogramming of funds after August 1, except in extraordinary 
circumstances, and only after the House and Senate Committees on 
Appropriations are notified 30 days in advance of such reprogramming of 
funds.
    Sec. 506.  Hereafter, none of the funds made available in this or 
any other Act may be used to implement, administer, or enforce any 
guidelines of the Equal Employment Opportunity Commission covering 
harassment based on religion, when it is made known to the Federal 
entity or official to which such funds are made available that such 
guidelines do not differ in any respect from the proposed guidelines 
published by the Commission on October 1, 1993 (58 Fed. Reg. 51266).
    Sec. 507.  If it has been finally determined by a court or Federal 
agency that any person intentionally affixed a label bearing a ``Made 
in America'' inscription, or any inscription with the same meaning, to 
any product sold in or shipped to the United States that is not made in 
the United States, the person shall be ineligible to receive any 
contract or subcontract made with funds made available in this Act, 
pursuant to the debarment, suspension, and ineligibility procedures 
described in sections 9.400 through 9.409 of title 48, Code of Federal 
Regulations.
    Sec. 508.  The Departments of Commerce and Justice, the National 
Science Foundation, and the National Aeronautics and Space 
Administration, shall provide to the House and Senate Committees on 
Appropriations a quarterly accounting of the cumulative balances of any 
unobligated funds that were received by such agency during any previous 
fiscal year.
    Sec. 509.  Any costs incurred by a department or agency funded 
under this Act resulting from, or to prevent, personnel actions taken 
in response to funding reductions included in this Act shall be 
absorbed within the total budgetary resources available to such 
department or agency: Provided, That the authority to transfer funds 
between appropriations accounts as may be necessary to carry out this 
section is provided in addition to authorities included elsewhere in 
this Act: Provided further, That use of funds to carry out this section 
shall be treated as a reprogramming of funds under section 505 of this 
Act and shall not be available for obligation or expenditure except in 
compliance with the procedures set forth in that section.
    Sec. 510.  None of the funds provided by this Act shall be 
available to promote the sale or export of tobacco or tobacco products, 
or to seek the reduction or removal by any foreign country of 
restrictions on the marketing of tobacco or tobacco products, except 
for restrictions which are not applied equally to all tobacco or 
tobacco products of the same type.
    Sec. 511.  None of the funds appropriated pursuant to this Act or 
any other provision of law may be used for--
        (1) the implementation of any tax or fee in connection with the 
    implementation of subsection 922(t) of title 18, United States 
    Code; and
        (2) any system to implement subsection 922(t) of title 18, 
    United States Code, that does not require and result in the 
    destruction of any identifying information submitted by or on 
    behalf of any person who has been determined not to be prohibited 
    from possessing or receiving a firearm no more than 24 hours after 
    the system advises a Federal firearms licensee that possession or 
    receipt of a firearm by the prospective transferee would not 
    violate subsection (g) or (n) of section 922 of title 18, United 
    States Code, or State law.
    Sec. 512.  Notwithstanding any other provision of law, amounts 
deposited or available in the Fund established under 42 U.S.C. 10601 in 
any fiscal year in excess of $705,000,000 shall not be available for 
obligation until the following fiscal year.
    Sec. 513.  None of the funds made available to the Department of 
Justice in this Act may be used to discriminate against or denigrate 
the religious or moral beliefs of students who participate in programs 
for which financial assistance is provided from those funds, or of the 
parents or legal guardians of such students.
    Sec. 514.  None of the funds made available in this Act may be 
transferred to any department, agency, or instrumentality of the United 
States Government, except pursuant to a transfer made by, or transfer 
authority provided in, this Act or any other appropriations Act.
    Sec. 515.  Any funds provided in this Act used to implement E-
Government Initiatives shall be subject to the procedures set forth in 
section 505 of this Act.
    Sec. 516. (a) Tracing studies conducted by the Bureau of Alcohol, 
Tobacco, Firearms and Explosives are released without adequate 
disclaimers regarding the limitations of the data.
    (b) The Bureau of Alcohol, Tobacco, Firearms and Explosives shall 
include in all such data releases, language similar to the following 
that would make clear that trace data cannot be used to draw broad 
conclusions about firearms-related crime:
        (1) Firearm traces are designed to assist law enforcement 
    authorities in conducting investigations by tracking the sale and 
    possession of specific firearms. Law enforcement agencies may 
    request firearms traces for any reason, and those reasons are not 
    necessarily reported to the Federal Government. Not all firearms 
    used in crime are traced and not all firearms traced are used in 
    crime.
        (2) Firearms selected for tracing are not chosen for purposes 
    of determining which types, makes, or models of firearms are used 
    for illicit purposes. The firearms selected do not constitute a 
    random sample and should not be considered representative of the 
    larger universe of all firearms used by criminals, or any subset of 
    that universe. Firearms are normally traced to the first retail 
    seller, and sources reported for firearms traced do not necessarily 
    represent the sources or methods by which firearms in general are 
    acquired for use in crime.
    Sec. 517. (a) The Inspectors General of the Department of Commerce, 
the Department of Justice, the National Aeronautics and Space 
Administration, the National Science Foundation, and the Legal Services 
Corporation shall conduct audits, pursuant to the Inspector General Act 
(5 U.S.C. App.), of grants or contracts for which funds are 
appropriated by this Act, and shall submit reports to Congress on the 
progress of such audits, which may include preliminary findings and a 
description of areas of particular interest, within 180 days after 
initiating such an audit and every 180 days thereafter until any such 
audit is completed.
    (b) Within 60 days after the date on which an audit described in 
subsection (a) by an Inspector General is completed, the Secretary, 
Attorney General, Administrator, Director, or President, as 
appropriate, shall make the results of the audit available to the 
public on the Internet website maintained by the Department, 
Administration, Foundation, or Corporation, respectively. The results 
shall be made available in redacted form to exclude--
        (1) any matter described in section 552(b) of title 5, United 
    States Code; and
        (2) sensitive personal information for any individual, the 
    public access to which could be used to commit identity theft or 
    for other inappropriate or unlawful purposes.
    (c) A grant or contract funded by amounts appropriated by this Act 
may not be used for the purpose of defraying the costs of a banquet or 
conference that is not directly and programmatically related to the 
purpose for which the grant or contract was awarded, such as a banquet 
or conference held in connection with planning, training, assessment, 
review, or other routine purposes related to a project funded by the 
grant or contract.
    (d) Any person awarded a grant or contract funded by amounts 
appropriated by this Act shall submit a statement to the Secretary of 
Commerce, the Attorney General, the Administrator, Director, or 
President, as appropriate, certifying that no funds derived from the 
grant or contract will be made available through a subcontract or in 
any other manner to another person who has a financial interest in the 
person awarded the grant or contract.
    (e) The provisions of the preceding subsections of this section 
shall take effect 30 days after the date on which the Director of the 
Office of Management and Budget, in consultation with the Director of 
the Office of Government Ethics, determines that a uniform set of rules 
and requirements, substantially similar to the requirements in such 
subsections, consistently apply under the executive branch ethics 
program to all Federal departments, agencies, and entities.
    Sec. 518.  None of the funds appropriated or otherwise made 
available under this Act may be used to issue patents on claims 
directed to or encompassing a human organism.
    Sec. 519.  None of the funds made available in this Act shall be 
used in any way whatsoever to support or justify the use of torture by 
any official or contract employee of the United States Government.
    Sec. 520. (a) Notwithstanding any other provision of law or treaty, 
none of the funds appropriated or otherwise made available under this 
Act or any other Act may be expended or obligated by a department, 
agency, or instrumentality of the United States to pay administrative 
expenses or to compensate an officer or employee of the United States 
in connection with requiring an export license for the export to Canada 
of components, parts, accessories or attachments for firearms listed in 
Category I, section 121.1 of title 22, Code of Federal Regulations 
(International Trafficking in Arms Regulations (ITAR), part 121, as it 
existed on April 1, 2005) with a total value not exceeding $500 
wholesale in any transaction, provided that the conditions of 
subsection (b) of this section are met by the exporting party for such 
articles.
    (b) The foregoing exemption from obtaining an export license--
        (1) does not exempt an exporter from filing any Shipper's 
    Export Declaration or notification letter required by law, or from 
    being otherwise eligible under the laws of the United States to 
    possess, ship, transport, or export the articles enumerated in 
    subsection (a); and
        (2) does not permit the export without a license of--
            (A) fully automatic firearms and components and parts for 
        such firearms, other than for end use by the Federal 
        Government, or a Provincial or Municipal Government of Canada;
            (B) barrels, cylinders, receivers (frames) or complete 
        breech mechanisms for any firearm listed in Category I, other 
        than for end use by the Federal Government, or a Provincial or 
        Municipal Government of Canada; or
            (C) articles for export from Canada to another foreign 
        destination.
    (c) In accordance with this section, the District Directors of 
Customs and postmasters shall permit the permanent or temporary export 
without a license of any unclassified articles specified in subsection 
(a) to Canada for end use in Canada or return to the United States, or 
temporary import of Canadian-origin items from Canada for end use in 
the United States or return to Canada for a Canadian citizen.
    (d) The President may require export licenses under this section on 
a temporary basis if the President determines, upon publication first 
in the Federal Register, that the Government of Canada has implemented 
or maintained inadequate import controls for the articles specified in 
subsection (a), such that a significant diversion of such articles has 
and continues to take place for use in international terrorism or in 
the escalation of a conflict in another nation. The President shall 
terminate the requirements of a license when reasons for the temporary 
requirements have ceased.
    Sec. 521.  Notwithstanding any other provision of law, no 
department, agency, or instrumentality of the United States receiving 
appropriated funds under this Act or any other Act shall obligate or 
expend in any way such funds to pay administrative expenses or the 
compensation of any officer or employee of the United States to deny 
any application submitted pursuant to 22 U.S.C. 2778(b)(1)(B) and 
qualified pursuant to 27 CFR section 478.112 or .113, for a permit to 
import United States origin ``curios or relics'' firearms, parts, or 
ammunition.
    Sec. 522.  None of the funds made available in this Act may be used 
to include in any new bilateral or multilateral trade agreement the 
text of--
        (1) paragraph 2 of article 16.7 of the United States-Singapore 
    Free Trade Agreement;
        (2) paragraph 4 of article 17.9 of the United States-Australia 
    Free Trade Agreement; or
        (3) paragraph 4 of article 15.9 of the United States-Morocco 
    Free Trade Agreement.
    Sec. 523.  None of the funds made available in this Act may be used 
to authorize or issue a national security letter in contravention of 
any of the following laws authorizing the Federal Bureau of 
Investigation to issue national security letters: The Right to 
Financial Privacy Act; The Electronic Communications Privacy Act; The 
Fair Credit Reporting Act; The National Security Act of 1947; USA 
PATRIOT Act; and the laws amended by these Acts.
    Sec. 524.  If at any time during any quarter, the program manager 
of a project within the jurisdiction of the Departments of Commerce or 
Justice, the National Aeronautics and Space Administration, or the 
National Science Foundation totaling more than $75,000,000 has 
reasonable cause to believe that the total program cost has increased 
by 10 percent, the program manager shall immediately inform the 
Secretary, Administrator, or Director. The Secretary, Administrator, or 
Director shall notify the House and Senate Committees on Appropriations 
within 30 days in writing of such increase, and shall include in such 
notice: the date on which such determination was made; a statement of 
the reasons for such increases; the action taken and proposed to be 
taken to control future cost growth of the project; changes made in the 
performance or schedule milestones and the degree to which such changes 
have contributed to the increase in total program costs or procurement 
costs; new estimates of the total project or procurement costs; and a 
statement validating that the project's management structure is 
adequate to control total project or procurement costs.
    Sec. 525.  Funds appropriated by this Act, or made available by the 
transfer of funds in this Act, for intelligence or intelligence related 
activities are deemed to be specifically authorized by the Congress for 
purposes of section 504 of the National Security Act of 1947 (50 U.S.C. 
414) during fiscal year 2010 until the enactment of the Intelligence 
Authorization Act for fiscal year 2010.
    Sec. 526.  The Departments, agencies, and commissions funded under 
this Act, shall establish and maintain on the homepages of their 
Internet websites--
        (1) a direct link to the Internet websites of their Offices of 
    Inspectors General; and
        (2) a mechanism on the Offices of Inspectors General website by 
    which individuals may anonymously report cases of waste, fraud, or 
    abuse with respect to those Departments, agencies, and commissions.
    Sec. 527.  None of the funds appropriated or otherwise made 
available by this Act may be used to enter into a contract in an amount 
greater than $5,000,000 or to award a grant in excess of such amount 
unless the prospective contractor or grantee certifies in writing to 
the agency awarding the contract or grant that, to the best of its 
knowledge and belief, the contractor or grantee has filed all Federal 
tax returns required during the three years preceding the 
certification, has not been convicted of a criminal offense under the 
Internal Revenue Code of 1986, and has not, more than 90 days prior to 
certification, been notified of any unpaid Federal tax assessment for 
which the liability remains unsatisfied, unless the assessment is the 
subject of an installment agreement or offer in compromise that has 
been approved by the Internal Revenue Service and is not in default, or 
the assessment is the subject of a non-frivolous administrative or 
judicial proceeding.
    Sec. 528.  None of the funds appropriated or otherwise made 
available in this Act may be used in a manner that is inconsistent with 
the principal negotiating objective of the United States with respect 
to trade remedy laws to preserve the ability of the United States--
        (1) to enforce vigorously its trade laws, including 
    antidumping, countervailing duty, and safeguard laws;
        (2) to avoid agreements that--
            (A) lessen the effectiveness of domestic and international 
        disciplines on unfair trade, especially dumping and subsidies; 
        or
            (B) lessen the effectiveness of domestic and international 
        safeguard provisions, in order to ensure that United States 
        workers, agricultural producers, and firms can compete fully on 
        fair terms and enjoy the benefits of reciprocal trade 
        concessions; and
        (3) to address and remedy market distortions that lead to 
    dumping and subsidization, including overcapacity, cartelization, 
    and market-access barriers.

                             (rescissions)

    Sec. 529. (a) Of the unobligated balances available to the 
Department of Justice from prior appropriations, the following funds 
are hereby rescinded, not later than September 30, 2010, from the 
following accounts in the specified amounts--
        (1) ``Legal Activities, Assets Forfeiture Fund'', $387,200,000;
        (2) ``Federal Bureau of Investigation, Salaries and Expenses'', 
    $50,000,000;
        (3) ``Office of Justice Programs'', $54,000,000; and
        (4) ``Community Oriented Policing Services'', $40,000,000.
    (b) Within 30 days of enactment of this Act, the Department of 
Justice shall submit to the Committees on Appropriations of the House 
of Representatives and the Senate a report specifying the amount of 
each rescission made pursuant to this section.
    (c) The rescissions contained in this section shall not apply to 
funds provided in this Act.
    Sec. 530.  None of the funds made available in this Act may be used 
to purchase first class or premium airline travel in contravention of 
sections 301-10.122 through 301-10.124 of title 41 of the Code of 
Federal Regulations.
    Sec. 531.  None of the funds made available in this Act may be used 
to send or otherwise pay for the attendance of more than 50 employees 
from a Federal department or agency at any single conference occurring 
outside the United States.
    Sec. 532. (a) None of the funds made available in this or any other 
Act may be used to release an individual who is detained, as of June 
24, 2009, at Naval Station, Guantanamo Bay, Cuba, into the continental 
United States, Alaska, Hawaii, or the District of Columbia, into any of 
the United States territories of Guam, American Samoa (AS), the United 
States Virgin Islands (USVI), the Commonwealth of Puerto Rico and the 
Commonwealth of the Northern Mariana Islands (CNMI).
    (b) None of the funds made available in this or any other Act may 
be used to transfer an individual who is detained, as of June 24, 2009, 
at Naval Station, Guantanamo Bay, Cuba, into the continental United 
States, Alaska, Hawaii, or the District of Columbia, into any of the 
United States territories of Guam, American Samoa (AS), the United 
States Virgin Islands (USVI), the Commonwealth of Puerto Rico and the 
Commonwealth of the Northern Mariana Islands (CNMI), for the purpose of 
detention, except as provided in subsection (c).
    (c) None of the funds made available in this or any other Act may 
be used to transfer an individual who is detained, as of June 24, 2009, 
at Naval Station, Guantanamo Bay, Cuba, into the continental United 
States, Alaska, Hawaii, or the District of Columbia, into any of the 
United States territories of Guam, American Samoa (AS), the United 
States Virgin Islands (USVI), the Commonwealth of Puerto Rico and the 
Commonwealth of the Northern Mariana Islands (CNMI), for the purposes 
of prosecuting such individual, or detaining such individual during 
legal proceedings, until 45 days after the plan described in subsection 
(d) is received.
    (d) The President shall submit to Congress, in classified form, a 
plan regarding the proposed disposition of any individual covered by 
subsection (c) who is detained as of June 24, 2009. Such plan shall 
include, at a minimum, each of the following for each such individual:
        (1) A determination of the risk that the individual might 
    instigate an act of terrorism within the continental United States, 
    Alaska, Hawaii, the District of Columbia, or the United States 
    territories if the individual were so transferred.
        (2) A determination of the risk that the individual might 
    advocate, coerce, or incite violent extremism, ideologically 
    motivated criminal activity, or acts of terrorism, among inmate 
    populations at incarceration facilities within the continental 
    United States, Alaska, Hawaii, the District of Columbia, or the 
    United States territories if the individual were transferred to 
    such a facility.
        (3) The costs associated with transferring the individual in 
    question.
        (4) The legal rationale and associated court demands for 
    transfer.
        (5) A plan for mitigation of any risks described in paragraphs 
    (1), (2), and (7).
        (6) A copy of a notification to the Governor of the State to 
    which the individual will be transferred, to the Mayor of the 
    District of Columbia if the individual will be transferred to the 
    District of Columbia, or to any United States territories with a 
    certification by the Attorney General of the United States in 
    classified form at least 14 days prior to such transfer (together 
    with supporting documentation and justification) that the 
    individual poses little or no security risk to the United States.
        (7) An assessment of any risk to the national security of the 
    United States or its citizens, including members of the Armed 
    Services of the United States, that is posed by such transfer and 
    the actions taken to mitigate such risk.
    (e) None of the funds made available in this or any other Act may 
be used to transfer or release an individual detained at Naval Station, 
Guantanamo Bay, Cuba, as of June 24, 2009, to the country of such 
individual's nationality or last habitual residence or to any other 
country other than the United States or to a freely associated State, 
unless the President submits to the Congress, in classified form, at 
least 15 days prior to such transfer or release, the following 
information:
        (1) The name of any individual to be transferred or released 
    and the country or the freely associated State to which such 
    individual is to be transferred or released.
        (2) An assessment of any risk to the national security of the 
    United States or its citizens, including members of the Armed 
    Services of the United States, that is posed by such transfer or 
    release and the actions taken to mitigate such risk.
        (3) The terms of any agreement with the country or the freely 
    associated State for the acceptance of such individual, including 
    the amount of any financial assistance related to such agreement.
    (f) None of the funds made available in this Act may be used to 
provide any immigration benefit (including a visa, admission into the 
United States or any of the United States territories, parole into the 
United States or any of the United States territories (other than 
parole for the purposes of prosecution and related detention), or 
classification as a refugee or applicant for asylum) to any individual 
who is detained, as of June 24, 2009, at Naval Station, Guantanamo Bay, 
Cuba.
    (g) In this section, the term ``freely associated States'' means 
the Federated States of Micronesia (FSM), the Republic of the Marshall 
Islands (RMI), and the Republic of Palau.
    (h) Prior to the termination of detention operations at Naval 
Station, Guantanamo Bay, Cuba, the President shall submit to the 
Congress a report in classified form describing the disposition or 
legal status of each individual detained at the facility as of the date 
of enactment of this Act.
    Sec. 533.  Section 504(a) of the Departments of Commerce, Justice, 
and State, the Judiciary, and Related Agencies Appropriations Act, 1996 
(as contained in Public Law 104-134) is amended by striking paragraph 
(13).
    Sec. 534.  None of the funds made available under this Act may be 
distributed to the Association of Community Organizations for Reform 
Now (ACORN) or its subsidiaries.
    Sec. 535. (a) The Comptroller General of the United States shall 
conduct a review and audit of Federal funds received by the Association 
of Community Organizations for Reform Now (referred to in this section 
as ``ACORN'') or any subsidiary or affiliate of ACORN to determine--
        (1) whether any Federal funds were misused and, if so, the 
    total amount of Federal funds involved and how such funds were 
    misused;
        (2) what steps, if any, have been taken to recover any Federal 
    funds that were misused;
        (3) what steps should be taken to prevent the misuse of any 
    Federal funds; and
        (4) whether all necessary steps have been taken to prevent the 
    misuse of any Federal funds.
    (b) Not later than 180 days after the date of enactment of this 
Act, the Comptroller General shall submit to Congress a report on the 
results of the audit required under subsection (a), along with 
recommendations for Federal agency reforms.
    Sec. 536.  To the extent practicable, funds made available in this 
Act should be used to purchase light bulbs that are ``Energy Star'' 
qualified or have the ``Federal Energy Management Program'' 
designation.
    Sec. 537.  The Director of the Office of Management and Budget 
shall instruct any department, agency, or instrumentality of the United 
States Government receiving funds appropriated under this Act to track 
undisbursed balances in expired grant accounts and include in its 
annual performance plan and performance and accountability reports the 
following:
        (1) Details on future action the department, agency, or 
    instrumentality will take to resolve undisbursed balances in 
    expired grant accounts.
        (2) The method that the department, agency, or instrumentality 
    uses to track undisbursed balances in expired grant accounts.
        (3) Identification of undisbursed balances in expired grant 
    accounts that may be returned to the Treasury of the United States.
        (4) In the preceding 3 fiscal years, details on the total 
    number of expired grant accounts with undisbursed balances (on the 
    first day of each fiscal year) for the department, agency, or 
    instrumentality and the total finances that have not been obligated 
    to a specific project remaining in the accounts.
    Sec. 538.  None of the funds made available in this Act may be used 
to relocate the Bureau of the Census or employees from the Department 
of Commerce to the jurisdiction of the Executive Office of the 
President.
    Sec. 539.  Specific projects contained in the report of the 
Committee on Appropriations of the House of Representatives 
accompanying this Act (H. Rept. 111-149) that are considered 
congressional earmarks for purposes of clause 9 of rule XXI of the 
Rules of the House of Representatives, when intended to be awarded to a 
for-profit entity, shall be awarded under a full and open competition.
    This division may be cited as the ``Commerce, Justice, Science, and 
Related Agencies Appropriations Act, 2010''.

 DIVISION C--FINANCIAL SERVICES AND GENERAL GOVERNMENT APPROPRIATIONS 
                               ACT, 2010

                                TITLE I

                       DEPARTMENT OF THE TREASURY

                          Departmental Offices

                         salaries and expenses

                     (including transfers of funds)

    For necessary expenses of the Departmental Offices including 
operation and maintenance of the Treasury Building and Annex; hire of 
passenger motor vehicles; maintenance, repairs, and improvements of, 
and purchase of commercial insurance policies for, real properties 
leased or owned overseas, when necessary for the performance of 
official business, $304,888,000, of which not to exceed $21,983,000 is 
for executive direction program activities; not to exceed $47,249,000 
is for economic policies and programs activities, including $1,000,000 
that shall be transferred to the National Academy of Sciences for a 
study by the Board on Mathematical Sciences and Their Applications on 
the long-term economic effects of the aging population in the United 
States, to remain available until September 30, 2011, and $1,500,000 
that shall be transferred to the National Academy of Sciences for a 
carbon audit of the tax code as authorized in section 117 of the Energy 
Improvement and Extension Act of 2008 (Public Law 110-343), to remain 
available until September 30, 2011; not to exceed $48,580,000 is for 
financial policies and programs activities; not to exceed $64,611,000 
is for terrorism and financial intelligence activities; not to exceed 
$22,679,000 is for Treasury-wide management policies and programs 
activities; and not to exceed $99,786,000 is for administration 
programs activities: Provided, That the Secretary of the Treasury is 
authorized to transfer funds appropriated for any program activity of 
the Departmental Offices to any other program activity of the 
Departmental Offices upon notification to the House and Senate 
Committees on Appropriations: Provided further, That no appropriation 
for any program activity shall be increased or decreased by more than 4 
percent by all such transfers: Provided further, That any change in 
funding greater than 4 percent shall be submitted for approval to the 
House and Senate Committees on Appropriations: Provided further, That 
of the amount appropriated under this heading, not to exceed 
$3,000,000, to remain available until September 30, 2011, is for 
information technology modernization requirements; not to exceed 
$200,000 is for official reception and representation expenses; and not 
to exceed $258,000 is for unforeseen emergencies of a confidential 
nature, to be allocated and expended under the direction of the 
Secretary of the Treasury and to be accounted for solely on his 
certificate: Provided further, That of the amount appropriated under 
this heading, $6,787,000, to remain available until September 30, 2011, 
is for the Treasury-wide Financial Statement Audit and Internal Control 
Program, of which such amounts as may be necessary may be transferred 
to accounts of the Department's offices and bureaus to conduct audits: 
Provided further, That this transfer authority shall be in addition to 
any other provided in this Act: Provided further, That of the amount 
appropriated under this heading, $500,000, to remain available until 
September 30, 2011, is for secure space requirements: Provided further, 
That of the amount appropriated under this heading, $3,400,000, to 
remain available until September 30, 2012, is to develop and implement 
programs within the Office of Critical Infrastructure Protection and 
Compliance Policy, including entering into cooperative agreements: 
Provided further, That of the amount appropriated under this heading, 
$3,000,000, to remain available until September 30, 2012, is for 
modernizing the Office of Debt Management's information technology.

        department-wide systems and capital investments programs

                     (including transfer of funds)

    For development and acquisition of automatic data processing 
equipment, software, and services for the Department of the Treasury, 
$9,544,000, to remain available until September 30, 2012: Provided, 
That $4,544,000 is for repairs to the Treasury Annex Building: Provided 
further, That these funds shall be transferred to accounts and in 
amounts as necessary to satisfy the requirements of the Department's 
offices, bureaus, and other organizations: Provided further, That this 
transfer authority shall be in addition to any other transfer authority 
provided in this Act: Provided further, That none of the funds 
appropriated under this heading shall be used to support or supplement 
``Internal Revenue Service, Operations Support'' or ``Internal Revenue 
Service, Business Systems Modernization''.

                      office of inspector general

                         salaries and expenses

    For necessary expenses of the Office of Inspector General in 
carrying out the provisions of the Inspector General Act of 1978, not 
to exceed $2,000,000 for official travel expenses, including hire of 
passenger motor vehicles; and not to exceed $100,000 for unforeseen 
emergencies of a confidential nature, to be allocated and expended 
under the direction of the Inspector General of the Treasury, 
$29,700,000, of which not to exceed $2,500 shall be available for 
official reception and representation expenses.

           treasury inspector general for tax administration

                         salaries and expenses

    For necessary expenses of the Treasury Inspector General for Tax 
Administration in carrying out the Inspector General Act of 1978, 
including purchase (not to exceed 150 for replacement only for police-
type use) and hire of passenger motor vehicles (31 U.S.C. 1343(b)); 
services authorized by 5 U.S.C. 3109, at such rates as may be 
determined by the Inspector General for Tax Administration; 
$152,000,000, of which not to exceed $6,000,000 shall be available for 
official travel expenses; of which not to exceed $500,000 shall be 
available for unforeseen emergencies of a confidential nature, to be 
allocated and expended under the direction of the Inspector General for 
Tax Administration; and of which not to exceed $1,500 shall be 
available for official reception and representation expenses.

    special inspector general for the troubled asset relief program

                         salaries and expenses

    For necessary expenses of the Office of the Special Inspector 
General in carrying out the provisions of the Emergency Economic 
Stabilization Act of 2008 (Public Law 110-343), $23,300,000.

                  Financial Crimes Enforcement Network

                         salaries and expenses

    For necessary expenses of the Financial Crimes Enforcement Network, 
including hire of passenger motor vehicles; travel and training 
expenses, including for course development, of non-Federal and foreign 
government personnel to attend meetings and training concerned with 
domestic and foreign financial intelligence activities, law 
enforcement, and financial regulation; not to exceed $14,000 for 
official reception and representation expenses; and for assistance to 
Federal law enforcement agencies, with or without reimbursement, 
$111,010,000, of which not to exceed $26,085,000 shall remain available 
until September 30, 2012; and of which $9,316,000 shall remain 
available until September 30, 2011: Provided, That funds appropriated 
in this account may be used to procure personal services contracts.

                        Treasury Forfeiture Fund

                              (rescission)

    Of the unobligated balances available under this heading, 
$90,000,000 are rescinded.

                      Financial Management Service

                         salaries and expenses

    For necessary expenses of the Financial Management Service, 
$244,132,000, of which not to exceed $9,220,000 shall remain available 
until September 30, 2012, for information systems modernization 
initiatives; and of which not to exceed $2,500 shall be available for 
official reception and representation expenses.

                Alcohol and Tobacco Tax and Trade Bureau

                         salaries and expenses

    For necessary expenses of carrying out section 1111 of the Homeland 
Security Act of 2002, including hire of passenger motor vehicles, 
$103,000,000; of which not to exceed $6,000 for official reception and 
representation expenses; not to exceed $50,000 for cooperative research 
and development programs for laboratory services; and provision of 
laboratory assistance to State and local agencies with or without 
reimbursement: Provided, That of the amount appropriated under this 
heading, $3,000,000, to remain available until September 30, 2011, 
shall be for the hiring, training, and equipping of special agents and 
related support personnel.

                           United States Mint

               united states mint public enterprise fund

    Pursuant to section 5136 of title 31, United States Code, the 
United States Mint is provided funding through the United States Mint 
Public Enterprise Fund for costs associated with the production of 
circulating coins, numismatic coins, and protective services, including 
both operating expenses and capital investments. The aggregate amount 
of new liabilities and obligations incurred during fiscal year 2010 
under such section 5136 for circulating coinage and protective service 
capital investments of the United States Mint shall not exceed 
$26,700,000.

                       Bureau of the Public Debt

                     administering the public debt

    For necessary expenses connected with any public-debt issues of the 
United States, $192,244,000, of which not to exceed $2,500 shall be 
available for official reception and representation expenses, and of 
which not to exceed $2,000,000 shall remain available until September 
30, 2012, for systems modernization: Provided, That the sum 
appropriated herein from the general fund for fiscal year 2010 shall be 
reduced by not more than $10,000,000 as definitive security issue fees 
and Legacy Treasury Direct Investor Account Maintenance fees are 
collected, so as to result in a final fiscal year 2010 appropriation 
from the general fund estimated at $182,244,000. In addition, $90,000 
to be derived from the Oil Spill Liability Trust Fund to reimburse the 
Bureau for administrative and personnel expenses for financial 
management of the Fund, as authorized by section 1012 of Public Law 
101-380.

   Community Development Financial Institutions Fund Program Account

                     (including transfer of funds)

    To carry out the Community Development Banking and Financial 
Institutions Act of 1994 (Public Law 103-325), including services 
authorized by 5 U.S.C. 3109, but at rates for individuals not to exceed 
the per diem rate equivalent to the rate for ES-3, notwithstanding 
sections 4707(d) and 4707(e) of title 12, United States Code, 
$166,750,000, to remain available until September 30, 2011; of which 
$12,000,000 shall be for financial assistance, technical assistance, 
training and outreach programs, designed to benefit Native American, 
Native Hawaiian, and Alaskan Native communities and provided primarily 
through qualified community development lender organizations with 
experience and expertise in community development banking and lending 
in Indian country, Native American organizations, tribes and tribal 
organizations and other suitable providers; of which $1,000,000 shall 
be available for the pilot project grant program under section 1132(d) 
of division A of the Housing and Economic Recovery Act of 2008 (Public 
Law 110-289); of which $3,150,000 shall be for an additional pilot 
project grant to an eligible organization located in the State of 
Hawaii for financial education and pre-home ownership counseling as 
authorized in section 1132(d) of division A of the Housing and Economic 
Recovery Act of 2008 (Public Law 110-289), and of which up to 
$18,000,000 may be used for administrative expenses, including 
administration of the New Markets Tax Credit.
    For an additional amount to be transferred to the ``Capital Magnet 
Fund'', as authorized by section 1339 of the Federal Housing 
Enterprises Financial Safety and Soundness Act of 1992 (12 U.S.C. 1301 
et seq.), as amended by section 1131 of the Housing and Economic 
Recovery Act of 2008 (Public Law 110-289), to support financing for 
affordable housing and economic development projects, $80,000,000, to 
remain available until September 30, 2011: Provided, That, for fiscal 
year 2010, section 1339(h)(3) of the Federal Housing Enterprises 
Financial Safety and Soundness Act of 1992, as amended by section 1131 
of the Housing and Economic Recovery Act of 2008 (Public Law 110-289), 
shall be applied by substituting the term ``at least 10 times the grant 
amount or such other amount that the Secretary may require'' for ``at 
least 10 times the grant amount''.

                        Internal Revenue Service

                           taxpayer services

    For necessary expenses of the Internal Revenue Service to provide 
taxpayer services, including pre-filing assistance and education, 
filing and account services, taxpayer advocacy services, and other 
services as authorized by 5 U.S.C. 3109, at such rates as may be 
determined by the Commissioner, $2,278,830,000, of which not less than 
$6,100,000 shall be for the Tax Counseling for the Elderly Program, of 
which not less than $10,000,000 shall be available for low-income 
taxpayer clinic grants, of which not less than $12,000,000, to remain 
available until September 30, 2011, shall be available for a Community 
Volunteer Income Tax Assistance matching grants demonstration program 
for tax return preparation assistance, and of which not less than 
$205,954,000 shall be available for operating expenses of the Taxpayer 
Advocate Service.

                              enforcement

                     (including transfer of funds)

    For necessary expenses for tax enforcement activities of the 
Internal Revenue Service to determine and collect owed taxes, to 
provide legal and litigation support, to conduct criminal 
investigations, to enforce criminal statutes related to violations of 
internal revenue laws and other financial crimes, to purchase (for 
police-type use, not to exceed 850) and hire passenger motor vehicles 
(31 U.S.C. 1343(b)), and to provide other services as authorized by 5 
U.S.C. 3109, at such rates as may be determined by the Commissioner, 
$4,904,000,000, of which not less than $59,206,000 shall be for the 
Interagency Crime and Drug Enforcement program; and of which not to 
exceed $126,500 shall be for official reception and representation 
expenses associated with hosting the Leeds Castle Meeting in the United 
States during 2010: Provided, That up to $10,000,000 may be transferred 
as necessary from this account to ``Operations Support'' solely for the 
purposes of the Interagency Crime and Drug Enforcement program: 
Provided further, That this transfer authority shall be in addition to 
any other transfer authority provided in this Act. In addition to 
amounts made available above, $600,000,000 shall be made available for 
enhanced tax enforcement activities.

                           operations support

    For necessary expenses of the Internal Revenue Service to support 
taxpayer services and enforcement programs, including rent payments; 
facilities services; printing; postage; physical security; headquarters 
and other IRS-wide administration activities; research and statistics 
of income; telecommunications; information technology development, 
enhancement, operations, maintenance, and security; the hire of 
passenger motor vehicles (31 U.S.C. 1343(b)); and other services as 
authorized by 5 U.S.C. 3109, at such rates as may be determined by the 
Commissioner; $4,083,884,000, of which up to $75,000,000 shall remain 
available until September 30, 2011, for information technology support; 
of which not to exceed $1,000,000 shall remain available until 
September 30, 2012, for research; of which not less than $2,000,000 
shall be for the Internal Revenue Service Oversight Board; of which not 
to exceed $25,000 shall be for official reception and representation; 
and of which $290,000,000 shall be made available to support enhanced 
tax enforcement activities: Provided, That of the amounts provided 
under this heading, such sums as are necessary shall be available to 
fully support tax enforcement and enhanced tax enforcement activities.

                     business systems modernization

    For necessary expenses of the Internal Revenue Service's business 
systems modernization program, $263,897,000, to remain available until 
September 30, 2012, for the capital asset acquisition of information 
technology systems, including management and related contractual costs 
of said acquisitions, including related Internal Revenue Service labor 
costs, and contractual costs associated with operations authorized by 5 
U.S.C. 3109: Provided, That, with the exception of labor costs, none of 
these funds may be obligated until the Internal Revenue Service submits 
to the Committees on Appropriations, and such Committees approve, a 
plan for expenditure that: (1) meets the capital planning and 
investment control review requirements established by the Office of 
Management and Budget, including Circular A-11; (2) complies with the 
Internal Revenue Service's enterprise architecture, including the 
modernization blueprint; (3) conforms with the Internal Revenue 
Service's enterprise life cycle methodology; (4) is approved by the 
Internal Revenue Service, the Department of the Treasury, and the 
Office of Management and Budget; (5) has been reviewed by the 
Government Accountability Office; and (6) complies with the acquisition 
rules, requirements, guidelines, and systems acquisition management 
practices of the Federal Government.

               health insurance tax credit administration

    For expenses necessary to implement the health insurance tax credit 
included in the Trade Act of 2002 (Public Law 107-210), $15,512,000.

          administrative provisions--internal revenue service

                     (including transfer of funds)

    Sec. 101.  Not to exceed 5 percent of any appropriation made 
available in this Act to the Internal Revenue Service or not to exceed 
3 percent of appropriations under the heading ``Enforcement'' may be 
transferred to any other Internal Revenue Service appropriation upon 
the advance approval of the Committees on Appropriations.
    Sec. 102.  The Internal Revenue Service shall maintain a training 
program to ensure that Internal Revenue Service employees are trained 
in taxpayers' rights, in dealing courteously with taxpayers, and in 
cross-cultural relations.
    Sec. 103.  The Internal Revenue Service shall institute and enforce 
policies and procedures that will safeguard the confidentiality of 
taxpayer information.
    Sec. 104.  Funds made available by this or any other Act to the 
Internal Revenue Service shall be available for improved facilities and 
increased staffing to provide sufficient and effective 1-800 help line 
service for taxpayers. The Commissioner shall continue to make the 
improvement of the Internal Revenue Service 1-800 help line service a 
priority and allocate resources necessary to increase phone lines and 
staff to improve the Internal Revenue Service 1-800 help line service.
    Sec. 105.  Of the funds made available by this Act to the Internal 
Revenue Service, not less than $7,100,000,000 shall be available only 
for tax enforcement. In addition, of the funds made available by this 
Act to the Internal Revenue Service, and subject to the same terms and 
conditions, $890,000,000 shall be available for enhanced tax law 
enforcement.
    Sec. 106.  None of the funds made available in this Act may be used 
to enter into, renew, extend, administer, implement, enforce, or 
provide oversight of any qualified tax collection contract (as defined 
in section 6306 of the Internal Revenue Code of 1986).

         Administrative Provisions--Department of the Treasury

                     (including transfers of funds)

    Sec. 107.  Appropriations to the Department of the Treasury in this 
Act shall be available for uniforms or allowances therefor, as 
authorized by law (5 U.S.C. 5901), including maintenance, repairs, and 
cleaning; purchase of insurance for official motor vehicles operated in 
foreign countries; purchase of motor vehicles without regard to the 
general purchase price limitations for vehicles purchased and used 
overseas for the current fiscal year; entering into contracts with the 
Department of State for the furnishing of health and medical services 
to employees and their dependents serving in foreign countries; and 
services authorized by 5 U.S.C. 3109.
    Sec. 108.  Not to exceed 2 percent of any appropriations in this 
Act made available to the Departmental Offices--Salaries and Expenses, 
Office of Inspector General, Financial Management Service, Alcohol and 
Tobacco Tax and Trade Bureau, Financial Crimes Enforcement Network, and 
Bureau of the Public Debt, may be transferred between such 
appropriations upon the advance approval of the Committees on 
Appropriations: Provided, That no transfer may increase or decrease any 
such appropriation by more than 2 percent.
    Sec. 109.  Not to exceed 2 percent of any appropriation made 
available in this Act to the Internal Revenue Service may be 
transferred to the Treasury Inspector General for Tax Administration's 
appropriation upon the advance approval of the Committees on 
Appropriations: Provided, That no transfer may increase or decrease any 
such appropriation by more than 2 percent.
    Sec. 110.  Of the funds available for the purchase of law 
enforcement vehicles, no funds may be obligated until the Secretary of 
the Treasury certifies that the purchase by the respective Treasury 
bureau is consistent with departmental vehicle management principles: 
Provided, That the Secretary may delegate this authority to the 
Assistant Secretary for Management.
    Sec. 111.  None of the funds appropriated in this Act or otherwise 
available to the Department of the Treasury or the Bureau of Engraving 
and Printing may be used to redesign the $1 Federal Reserve note.
    Sec. 112.  The Secretary of the Treasury may transfer funds from 
Financial Management Service, Salaries and Expenses to the Debt 
Collection Fund as necessary to cover the costs of debt collection: 
Provided, That such amounts shall be reimbursed to such salaries and 
expenses account from debt collections received in the Debt Collection 
Fund.
    Sec. 113.  Section 122(g)(1) of Public Law 105-119 (5 U.S.C. 3104 
note), is further amended by striking ``11 years'' and inserting ``12 
years''.
    Sec. 114.  None of the funds appropriated or otherwise made 
available by this or any other Act may be used by the United States 
Mint to construct or operate any museum without the explicit approval 
of the Committees on Appropriations of the House of Representatives and 
the Senate, the House Committee on Financial Services, and the Senate 
Committee on Banking, Housing and Urban Affairs.
    Sec. 115.  None of the funds appropriated or otherwise made 
available by this or any other Act or source to the Department of the 
Treasury, the Bureau of Engraving and Printing, and the United States 
Mint, individually or collectively, may be used to consolidate any or 
all functions of the Bureau of Engraving and Printing and the United 
States Mint without the explicit approval of the House Committee on 
Financial Services; the Senate Committee on Banking, Housing, and Urban 
Affairs; the House Committee on Appropriations; and the Senate 
Committee on Appropriations.
    Sec. 116.  Funds appropriated by this Act, or made available by the 
transfer of funds in this Act, for the Department of the Treasury's 
intelligence or intelligence related activities are deemed to be 
specifically authorized by the Congress for purposes of section 504 of 
the National Security Act of 1947 (50 U.S.C. 414) during fiscal year 
2010 until the enactment of the Intelligence Authorization Act for 
Fiscal Year 2010.
    Sec. 117.  Not to exceed $5,000 shall be made available from the 
Bureau of Engraving and Printing's Industrial Revolving Fund for 
necessary official reception and representation expenses.
     This title may be cited as the ``Department of the Treasury 
Appropriations Act, 2010''.

                                TITLE II

    EXECUTIVE OFFICE OF THE PRESIDENT AND FUNDS APPROPRIATED TO THE 
                               PRESIDENT

                     Compensation of the President

    For compensation of the President, including an expense allowance 
at the rate of $50,000 per annum as authorized by 3 U.S.C. 102, 
$450,000: Provided, That none of the funds made available for official 
expenses shall be expended for any other purpose and any unused amount 
shall revert to the Treasury pursuant to 31 U.S.C. 1552.

                            The White House

                         salaries and expenses

    For necessary expenses for the White House as authorized by law, 
including not to exceed $3,850,000 for services as authorized by 5 
U.S.C. 3109 and 3 U.S.C. 105; subsistence expenses as authorized by 3 
U.S.C. 105, which shall be expended and accounted for as provided in 
that section; hire of passenger motor vehicles, newspapers, 
periodicals, teletype news service, and travel (not to exceed $100,000 
to be expended and accounted for as provided by 3 U.S.C. 103); and not 
to exceed $19,000 for official entertainment expenses, to be available 
for allocation within the Executive Office of the President; and for 
necessary expenses of the Office of Policy Development, including 
services as authorized by 5 U.S.C. 3109 and 3 U.S.C. 107, $59,143,000, 
of which not less than $1,400,000 shall be for the Office of National 
AIDS Policy.

                 Executive Residence at the White House

                           operating expenses

    For the care, maintenance, repair and alteration, refurnishing, 
improvement, heating, and lighting, including electric power and 
fixtures, of the Executive Residence at the White House and official 
entertainment expenses of the President, $13,838,000, to be expended 
and accounted for as provided by 3 U.S.C. 105, 109, 110, and 112-114.

                         reimbursable expenses

    For the reimbursable expenses of the Executive Residence at the 
White House, such sums as may be necessary: Provided, That all 
reimbursable operating expenses of the Executive Residence shall be 
made in accordance with the provisions of this paragraph: Provided 
further, That, notwithstanding any other provision of law, such amount 
for reimbursable operating expenses shall be the exclusive authority of 
the Executive Residence to incur obligations and to receive offsetting 
collections, for such expenses: Provided further, That the Executive 
Residence shall require each person sponsoring a reimbursable political 
event to pay in advance an amount equal to the estimated cost of the 
event, and all such advance payments shall be credited to this account 
and remain available until expended: Provided further, That the 
Executive Residence shall require the national committee of the 
political party of the President to maintain on deposit $25,000, to be 
separately accounted for and available for expenses relating to 
reimbursable political events sponsored by such committee during such 
fiscal year: Provided further, That the Executive Residence shall 
ensure that a written notice of any amount owed for a reimbursable 
operating expense under this paragraph is submitted to the person owing 
such amount within 60 days after such expense is incurred, and that 
such amount is collected within 30 days after the submission of such 
notice: Provided further, That the Executive Residence shall charge 
interest and assess penalties and other charges on any such amount that 
is not reimbursed within such 30 days, in accordance with the interest 
and penalty provisions applicable to an outstanding debt on a United 
States Government claim under 31 U.S.C. 3717: Provided further, That 
each such amount that is reimbursed, and any accompanying interest and 
charges, shall be deposited in the Treasury as miscellaneous receipts: 
Provided further, That the Executive Residence shall prepare and submit 
to the Committees on Appropriations, by not later than 90 days after 
the end of the fiscal year covered by this Act, a report setting forth 
the reimbursable operating expenses of the Executive Residence during 
the preceding fiscal year, including the total amount of such expenses, 
the amount of such total that consists of reimbursable official and 
ceremonial events, the amount of such total that consists of 
reimbursable political events, and the portion of each such amount that 
has been reimbursed as of the date of the report: Provided further, 
That the Executive Residence shall maintain a system for the tracking 
of expenses related to reimbursable events within the Executive 
Residence that includes a standard for the classification of any such 
expense as political or nonpolitical: Provided further, That no 
provision of this paragraph may be construed to exempt the Executive 
Residence from any other applicable requirement of subchapter I or II 
of chapter 37 of title 31, United States Code.

                   White House Repair and Restoration

    For the repair, alteration, and improvement of the Executive 
Residence at the White House, $2,500,000, to remain available until 
expended, for required maintenance, resolution of safety and health 
issues, and continued preventative maintenance.

                      Council of Economic Advisers

                         salaries and expenses

    For necessary expenses of the Council of Economic Advisers in 
carrying out its functions under the Employment Act of 1946 (15 U.S.C. 
1021 et seq.), $4,200,000.

                       National Security Council

                         salaries and expenses

    For necessary expenses of the National Security Council, including 
services as authorized by 5 U.S.C. 3109, $12,231,000.

                        Office of Administration

                         salaries and expenses

    For necessary expenses of the Office of Administration, including 
services as authorized by 5 U.S.C. 3109 and 3 U.S.C. 107, and hire of 
passenger motor vehicles, $115,280,000, of which $16,768,000 shall 
remain available until expended for continued modernization of the 
information technology infrastructure within the Executive Office of 
the President.

                    Office of Management and Budget

                         salaries and expenses

    For necessary expenses of the Office of Management and Budget, 
including hire of passenger motor vehicles and services as authorized 
by 5 U.S.C. 3109 and to carry out the provisions of chapter 35 of title 
44, United States Code, $92,863,000, of which not to exceed $3,000 
shall be available for official representation expenses: Provided, That 
none of the funds appropriated in this Act for the Office of Management 
and Budget may be used for the purpose of reviewing any agricultural 
marketing orders or any activities or regulations under the provisions 
of the Agricultural Marketing Agreement Act of 1937 (7 U.S.C. 601 et 
seq.): Provided further, That none of the funds made available for the 
Office of Management and Budget by this Act may be expended for the 
altering of the transcript of actual testimony of witnesses, except for 
testimony of officials of the Office of Management and Budget, before 
the Committees on Appropriations or their subcommittees: Provided 
further, That none of the funds provided in this or prior Acts shall be 
used, directly or indirectly, by the Office of Management and Budget, 
for evaluating or determining if water resource project or study 
reports submitted by the Chief of Engineers acting through the 
Secretary of the Army are in compliance with all applicable laws, 
regulations, and requirements relevant to the Civil Works water 
resource planning process: Provided further, That the Office of 
Management and Budget shall have not more than 60 days in which to 
perform budgetary policy reviews of water resource matters on which the 
Chief of Engineers has reported: Provided further, That the Director of 
the Office of Management and Budget shall notify the appropriate 
authorizing and appropriating committees when the 60-day review is 
initiated: Provided further, That if water resource reports have not 
been transmitted to the appropriate authorizing and appropriating 
committees within 15 days after the end of the Office of Management and 
Budget review period based on the notification from the Director, 
Congress shall assume Office of Management and Budget concurrence with 
the report and act accordingly.

                 Office of National Drug Control Policy

                         salaries and expenses

    For necessary expenses of the Office of National Drug Control 
Policy; for research activities pursuant to the Office of National Drug 
Control Policy Reauthorization Act of 2006 (Public Law 109-469); not to 
exceed $10,000 for official reception and representation expenses; and 
for participation in joint projects or in the provision of services on 
matters of mutual interest with nonprofit, research, or public 
organizations or agencies, with or without reimbursement, $29,575,000; 
of which $1,300,000 shall remain available until expended for policy 
research and evaluation: Provided, That the Office is authorized to 
accept, hold, administer, and utilize gifts, both real and personal, 
public and private, without fiscal year limitation, for the purpose of 
aiding or facilitating the work of the Office.

                counterdrug technology assessment center

                     (including transfer of funds)

    For necessary expenses for the Counterdrug Technology Assessment 
Center (CTAC) for research activities pursuant to the Office of 
National Drug Control Policy Reauthorization Act of 2006 (Public Law 
109-469), $5,000,000, which shall remain available until expended for 
counternarcotics research and development projects: Provided, That such 
amount shall be available for transfer to other Federal departments or 
agencies: Provided further, That the Office of National Drug Control 
Policy shall submit for approval by the Committees on Appropriations of 
the House of Representatives and the Senate, a mission statement for 
CTAC, a detailed explanation of the CTAC program, and a detailed 
spending plan for the use of these funds, prior to obligation of any 
funds provided in this paragraph: Provided further, That the report 
required by the preceding proviso shall be in lieu of inclusion of CTAC 
in the financial plan required by section 202.

                     federal drug control programs

             high intensity drug trafficking areas program

                     (including transfers of funds)

    For necessary expenses of the Office of National Drug Control 
Policy's High Intensity Drug Trafficking Areas Program, $239,000,000, 
to remain available until September 30, 2011, for drug control 
activities consistent with the approved strategy for each of the 
designated High Intensity Drug Trafficking Areas (``HIDTAs''), of which 
not less than 51 percent shall be transferred to State and local 
entities for drug control activities and shall be obligated not later 
than 120 days after enactment of this Act: Provided, That up to 49 
percent may be transferred to Federal agencies and departments in 
amounts determined by the Director of the Office of National Drug 
Control Policy (``the Director''), of which up to $2,700,000 may be 
used for auditing services and associated activities (including up to 
$500,000 to ensure the continued operation and maintenance of the 
Performance Management System): Provided further, That, notwithstanding 
the requirements of Public Law 106-58, any unexpended funds obligated 
prior to fiscal year 2008 may be used for any other approved activities 
of that High Intensity Drug Trafficking Area, subject to reprogramming 
requirements: Provided further, That each High Intensity Drug 
Trafficking Area designated as of September 30, 2009, shall be funded 
at not less than the fiscal year 2009 base level, unless the Director 
submits to the Committees on Appropriations of the House of 
Representatives and the Senate justification for changes to those 
levels based on clearly articulated priorities and published Office of 
National Drug Control Policy performance measures of effectiveness: 
Provided further, That the Director shall notify the Committees on 
Appropriations of the initial allocation of fiscal year 2010 funding 
among HIDTAs not later than 45 days after enactment of this Act, and 
shall notify the Committees of planned uses of discretionary HIDTA 
funding, as determined in consultation with the HIDTA Directors, not 
later than 90 days after enactment of this Act.

                  other federal drug control programs

                     (including transfers of funds)

    For other drug control activities authorized by the Office of 
National Drug Control Policy Reauthorization Act of 2006 (Public Law 
109-469), $154,400,000, to remain available until expended, which shall 
be available as follows: $45,000,000 to support a national media 
campaign; $95,000,000 for the Drug-Free Communities Program, of which 
$2,000,000 shall be made available as directed by section 4 of Public 
Law 107-82, as amended by Public Law 109-469 (21 U.S.C. 1521 note); 
$1,000,000 for the National Drug Court Institute; $10,000,000 for the 
United States Anti-Doping Agency for anti-doping activities; $1,900,000 
for the United States membership dues to the World Anti-Doping Agency; 
$1,250,000 for the National Alliance for Model State Drug Laws; and 
$250,000 for evaluations and research related to National Drug Control 
Program performance measures, which may be transferred to other Federal 
departments and agencies to carry out such activities.

                          Unanticipated Needs

    For expenses necessary to enable the President to meet 
unanticipated needs, in furtherance of the national interest, security, 
or defense which may arise at home or abroad during the current fiscal 
year, as authorized by 3 U.S.C. 108, $1,000,000, to remain available 
until September 30, 2011.

           Partnership Fund for Program Integrity Innovation

                     (including transfer of funds)

    For the Partnership Fund for Program Integrity Innovation, 
$37,500,000, to remain available until September 30, 2012, which may be 
used for grants, contracts, cooperative agreements, and administrative 
costs of carrying out Partnership Fund for Program Integrity Innovation 
pilot projects: Provided, That these funds shall be transferred by the 
Director of the Office of Management and Budget to appropriate agencies 
to carry out pilot projects and to conduct or provide for evaluation of 
such projects: Provided further, That such transfers shall be 
contingent upon the Director of the Office of Management and Budget 
determining, in consultation with an interagency council consisting of 
representatives of appropriate Federal agencies, States, and other 
stakeholders, that the pilot projects address Federal programs that 
have a substantial State role in eligibility determination or 
administration or where Federal-State cooperation could otherwise be 
beneficial; in aggregate, save at least as much money as they cost; 
demonstrate the potential to streamline administration or strengthen 
program integrity; and do not achieve savings primarily by reducing the 
participation of eligible beneficiaries: Provided further, That the 
interagency council required by the previous proviso shall submit a 
progress report to the Committees on Appropriations of the House of 
Representatives and the Senate not later than March 31, 2010 and 
semiannually thereafter until the program is completed, including 
detailed information on goals, objectives, performance measures, and 
evaluations of the program in general and of each specific pilot 
undertaken.

                  Special Assistance to the President

                         salaries and expenses

    For necessary expenses to enable the Vice President to provide 
assistance to the President in connection with specially assigned 
functions; services as authorized by 5 U.S.C. 3109 and 3 U.S.C. 106, 
including subsistence expenses as authorized by 3 U.S.C. 106, which 
shall be expended and accounted for as provided in that section; and 
hire of passenger motor vehicles, $4,604,000.

                Official Residence of the Vice President

                           operating expenses

                     (including transfer of funds)

    For the care, operation, refurnishing, improvement, and to the 
extent not otherwise provided for, heating and lighting, including 
electric power and fixtures, of the official residence of the Vice 
President; the hire of passenger motor vehicles; and not to exceed 
$90,000 for official entertainment expenses of the Vice President, to 
be accounted for solely on his certificate, $330,000: Provided, That 
advances or repayments or transfers from this appropriation may be made 
to any department or agency for expenses of carrying out such 
activities.

Administrative Provisions--Executive Office of the President and Funds 
                     Appropriated to the President

                     (including transfers of funds)

    Sec. 201.  From funds made available in this Act under the headings 
``The White House'', ``Executive Residence at the White House'', 
``White House Repair and Restoration'', ``Council of Economic 
Advisers'', ``National Security Council'', ``Office of 
Administration'', ``Special Assistance to the President'', and 
``Official Residence of the Vice President'', the Director of the 
Office of Management and Budget (or such other officer as the President 
may designate in writing), may, 15 days after giving notice to the 
Committees on Appropriations of the House of Representatives and the 
Senate, transfer not to exceed 10 percent of any such appropriation to 
any other such appropriation, to be merged with and available for the 
same time and for the same purposes as the appropriation to which 
transferred: Provided, That the amount of an appropriation shall not be 
increased by more than 50 percent by such transfers: Provided further, 
That no amount shall be transferred from ``Special Assistance to the 
President'' or ``Official Residence of the Vice President'' without the 
approval of the Vice President.
    Sec. 202.  The Director of the Office of National Drug Control 
Policy shall submit to the Committees on Appropriations of the House of 
Representatives and the Senate not later than 60 days after the date of 
enactment of this Act, and prior to the initial obligation of more than 
20 percent of the funds appropriated in any account (except 
``Counterdrug Technology Assessment Center'') under the heading 
``Office of National Drug Control Policy'', a detailed narrative and 
financial plan on the proposed uses of all funds under the account by 
program, project, and activity: Provided, That the reports required by 
this section shall be updated and submitted to the Committees on 
Appropriations every 6 months and shall include information detailing 
how the estimates and assumptions contained in previous reports have 
changed: Provided further, That any new projects and changes in funding 
of ongoing projects shall be subject to the prior approval of the 
Committees on Appropriations.
    Sec. 203.  Not to exceed 2 percent of any appropriations in this 
Act made available to the Office of National Drug Control Policy may be 
transferred between appropriated programs upon the advance approval of 
the Committees on Appropriations: Provided, That no transfer may 
increase or decrease any such appropriation by more than 3 percent.
    Sec. 204.  Not to exceed $1,000,000 of any appropriations in this 
Act made available to the Office of National Drug Control Policy may be 
reprogrammed within a program, project, or activity upon the advance 
approval of the Committees on Appropriations.
     This title may be cited as the ``Executive Office of the President 
Appropriations Act, 2010''.

                               TITLE III

                             THE JUDICIARY

                   Supreme Court of the United States

                         salaries and expenses

    For expenses necessary for the operation of the Supreme Court, as 
required by law, excluding care of the building and grounds, including 
purchase or hire, driving, maintenance, and operation of an automobile 
for the Chief Justice, not to exceed $10,000 for the purpose of 
transporting Associate Justices, and hire of passenger motor vehicles 
as authorized by 31 U.S.C. 1343 and 1344; not to exceed $10,000 for 
official reception and representation expenses; and for miscellaneous 
expenses, to be expended as the Chief Justice may approve, $74,034,000, 
of which $2,000,000 shall remain available until expended.

                    care of the building and grounds

    For such expenditures as may be necessary to enable the Architect 
of the Capitol to carry out the duties imposed upon the Architect by 40 
U.S.C. 6111 and 6112, $14,525,000, which shall remain available until 
expended.

         United States Court of Appeals for the Federal Circuit

                         salaries and expenses

    For salaries of the chief judge, judges, and other officers and 
employees, and for necessary expenses of the court, as authorized by 
law, $32,560,000.

               United States Court of International Trade

                         salaries and expenses

    For salaries of the chief judge and eight judges, salaries of the 
officers and employees of the court, services, and necessary expenses 
of the court, as authorized by law, $21,350,000.

    Courts of Appeals, District Courts, and Other Judicial Services

                         salaries and expenses

    For the salaries of circuit and district judges (including judges 
of the territorial courts of the United States), justices and judges 
retired from office or from regular active service, judges of the 
United States Court of Federal Claims, bankruptcy judges, magistrate 
judges, and all other officers and employees of the Federal Judiciary 
not otherwise specifically provided for, and necessary expenses of the 
courts, as authorized by law, $5,011,018,000 (including the purchase of 
firearms and ammunition); of which not to exceed $27,817,000 shall 
remain available until expended for space alteration projects and for 
furniture and furnishings related to new space alteration and 
construction projects.
    In addition, for expenses of the United States Court of Federal 
Claims associated with processing cases under the National Childhood 
Vaccine Injury Act of 1986 (Public Law 99-660), not to exceed 
$5,428,000, to be appropriated from the Vaccine Injury Compensation 
Trust Fund.

                           defender services

    For the operation of Federal Defender organizations; the 
compensation and reimbursement of expenses of attorneys appointed to 
represent persons under 18 U.S.C. 3006A, and also under 18 U.S.C. 3599, 
in cases in which a defendant is charged with a crime that may be 
punishable by death; the compensation and reimbursement of expenses of 
persons furnishing investigative, expert, and other services under 18 
U.S.C. 3006A(e), and also under 18 U.S.C. 3599(f) and (g)(2), in cases 
in which a defendant is charged with a crime that may be punishable by 
death; the compensation (in accordance with the maximums under 18 
U.S.C. 3006A) and reimbursement of expenses of attorneys appointed to 
assist the court in criminal cases where the defendant has waived 
representation by counsel; the compensation and reimbursement of travel 
expenses of guardians ad litem acting on behalf of financially eligible 
minor or incompetent offenders in connection with transfers from the 
United States to foreign countries with which the United States has a 
treaty for the execution of penal sentences; the compensation and 
reimbursement of expenses of attorneys appointed to represent jurors in 
civil actions for the protection of their employment, as authorized by 
28 U.S.C. 1875(d); the compensation and reimbursement of expenses of 
attorneys appointed under 18 U.S.C. 983(b)(1) in connection with 
certain judicial civil forfeiture proceedings; and for necessary 
training and general administrative expenses, $977,748,000, to remain 
available until expended.

                    fees of jurors and commissioners

    For fees and expenses of jurors as authorized by 28 U.S.C. 1871 and 
1876; compensation of jury commissioners as authorized by 28 U.S.C. 
1863; and compensation of commissioners appointed in condemnation cases 
pursuant to rule 71.1(h) of the Federal Rules of Civil Procedure (28 
U.S.C. Appendix Rule 71.1(h)), $61,861,000, to remain available until 
expended: Provided, That the compensation of land commissioners shall 
not exceed the daily equivalent of the highest rate payable under 5 
U.S.C. 5332.

                             court security

                     (including transfers of funds)

    For necessary expenses, not otherwise provided for, incident to the 
provision of protective guard services for United States courthouses 
and other facilities housing Federal court operations, and the 
procurement, installation, and maintenance of security systems and 
equipment for United States courthouses and other facilities housing 
Federal court operations, including building ingress-egress control, 
inspection of mail and packages, directed security patrols, perimeter 
security, basic security services provided by the Federal Protective 
Service, and other similar activities as authorized by section 1010 of 
the Judicial Improvement and Access to Justice Act (Public Law 100-
702), $452,607,000, of which not to exceed $15,000,000 shall remain 
available until expended, to be expended directly or transferred to the 
United States Marshals Service, which shall be responsible for 
administering the Judicial Facility Security Program consistent with 
standards or guidelines agreed to by the Director of the Administrative 
Office of the United States Courts and the Attorney General.

           Administrative Office of the United States Courts

                         salaries and expenses

    For necessary expenses of the Administrative Office of the United 
States Courts as authorized by law, including travel as authorized by 
31 U.S.C. 1345, hire of a passenger motor vehicle as authorized by 31 
U.S.C. 1343(b), advertising and rent in the District of Columbia and 
elsewhere, $83,075,000, of which not to exceed $8,500 is authorized for 
official reception and representation expenses.

                        Federal Judicial Center

                         salaries and expenses

    For necessary expenses of the Federal Judicial Center, as 
authorized by Public Law 90-219, $27,328,000; of which $1,800,000 shall 
remain available through September 30, 2011, to provide education and 
training to Federal court personnel; and of which not to exceed $1,500 
is authorized for official reception and representation expenses.

                       Judicial Retirement Funds

                    payment to judiciary trust funds

    For payment to the Judicial Officers' Retirement Fund, as 
authorized by 28 U.S.C. 377(o), $71,874,000; to the Judicial Survivors' 
Annuities Fund, as authorized by 28 U.S.C. 376(c), $6,500,000; and to 
the United States Court of Federal Claims Judges' Retirement Fund, as 
authorized by 28 U.S.C. 178(l), $4,000,000.

                  United States Sentencing Commission

                         salaries and expenses

    For the salaries and expenses necessary to carry out the provisions 
of chapter 58 of title 28, United States Code, $16,837,000, of which 
not to exceed $1,000 is authorized for official reception and 
representation expenses.

                Administrative Provisions--The Judiciary

                     (including transfer of funds)

    Sec. 301.  Appropriations and authorizations made in this title 
which are available for salaries and expenses shall be available for 
services as authorized by 5 U.S.C. 3109.
    Sec. 302.  Not to exceed 5 percent of any appropriation made 
available for the current fiscal year for the Judiciary in this Act may 
be transferred between such appropriations, but no such appropriation, 
except ``Courts of Appeals, District Courts, and Other Judicial 
Services, Defender Services'' and ``Courts of Appeals, District Courts, 
and Other Judicial Services, Fees of Jurors and Commissioners'', shall 
be increased by more than 10 percent by any such transfers: Provided, 
That any transfer pursuant to this section shall be treated as a 
reprogramming of funds under sections 604 and 608 of this Act and shall 
not be available for obligation or expenditure except in compliance 
with the procedures set forth in section 608.
    Sec. 303.  Notwithstanding any other provision of law, the salaries 
and expenses appropriation for ``Courts of Appeals, District Courts, 
and Other Judicial Services'' shall be available for official reception 
and representation expenses of the Judicial Conference of the United 
States: Provided, That such available funds shall not exceed $11,000 
and shall be administered by the Director of the Administrative Office 
of the United States Courts in the capacity as Secretary of the 
Judicial Conference.
    Sec. 304.  Within 90 days after the date of the enactment of this 
Act, the Administrative Office of the U.S. Courts shall submit to the 
Committees on Appropriations a comprehensive financial plan for the 
Judiciary allocating all sources of available funds including 
appropriations, fee collections, and carryover balances, to include a 
separate and detailed plan for the Judiciary Information Technology 
Fund, which will establish the baseline for application of 
reprogramming and transfer authorities for the current fiscal year.
    Sec. 305.  Section 3314(a) of title 40, United States Code, shall 
be applied by substituting ``Federal'' for ``executive'' each place it 
appears.
    Sec. 306.  In accordance with 28 U.S.C. 561-569, and 
notwithstanding any other provision of law, the United States Marshals 
Service shall provide, for such courthouses as its Director may 
designate in consultation with the Director of the Administrative 
Office of the United States Courts, for purposes of a pilot program, 
the security services that 40 U.S.C. 1315 authorizes the Department of 
Homeland Security to provide, except for the services specified in 40 
U.S.C. 1315(b)(2)(E). For building-specific security services at these 
courthouses, the Director of the Administrative Office of the United 
States Courts shall reimburse the United States Marshals Service rather 
than the Department of Homeland Security.
    Sec. 307.  Section 203(c) of the Judicial Improvements Act of 1990 
(Public Law 101-650; 28 U.S.C. 133 note), is amended--
        (1) in the third sentence (relating to the District of Kansas), 
    by striking ``18 years'' and inserting ``19 years'';
        (2) in the sixth sentence (relating to the Northern District of 
    Ohio), by striking ``18 years'' and inserting ``19 years''; and
        (3) in the seventh sentence (relating to the District of 
    Hawaii), by striking ``15 years'' and inserting ``16 years''.
    This title may be cited as the ``Judiciary Appropriations Act, 
2010''.

                                TITLE IV

                          DISTRICT OF COLUMBIA

                             Federal Funds

              federal payment for resident tuition support

    For a Federal payment to the District of Columbia, to be deposited 
into a dedicated account, for a nationwide program to be administered 
by the Mayor, for District of Columbia resident tuition support, 
$35,100,000, to remain available until expended: Provided, That such 
funds, including any interest accrued thereon, may be used on behalf of 
eligible District of Columbia residents to pay an amount based upon the 
difference between in-State and out-of-State tuition at public 
institutions of higher education, or to pay up to $2,500 each year at 
eligible private institutions of higher education: Provided further, 
That the awarding of such funds may be prioritized on the basis of a 
resident's academic merit, the income and need of eligible students and 
such other factors as may be authorized: Provided further, That the 
District of Columbia government shall maintain a dedicated account for 
the Resident Tuition Support Program that shall consist of the Federal 
funds appropriated to the Program in this Act and any subsequent 
appropriations, any unobligated balances from prior fiscal years, and 
any interest earned in this or any fiscal year: Provided further, That 
the account shall be under the control of the District of Columbia 
Chief Financial Officer, who shall use those funds solely for the 
purposes of carrying out the Resident Tuition Support Program: Provided 
further, That the Office of the Chief Financial Officer shall provide a 
quarterly financial report to the Committees on Appropriations of the 
House of Representatives and the Senate for these funds showing, by 
object class, the expenditures made and the purpose therefor.

   federal payment for emergency planning and security costs in the 
                          district of columbia

    For a Federal payment of necessary expenses, as determined by the 
Mayor of the District of Columbia in written consultation with the 
elected county or city officials of surrounding jurisdictions, 
$15,000,000, to remain available until expended and in addition any 
funds that remain available from prior year appropriations under this 
heading for the District of Columbia Government, for the costs of 
providing public safety at events related to the presence of the 
national capital in the District of Columbia, including support 
requested by the Director of the United States Secret Service Division 
in carrying out protective duties under the direction of the Secretary 
of Homeland Security, and for the costs of providing support to respond 
to immediate and specific terrorist threats or attacks in the District 
of Columbia or surrounding jurisdictions.

           federal payment to the district of columbia courts

    For salaries and expenses for the District of Columbia Courts, 
$261,180,000 to be allocated as follows: for the District of Columbia 
Court of Appeals, $12,022,000, of which not to exceed $2,500 is for 
official reception and representation expenses; for the District of 
Columbia Superior Court, $108,524,000, of which not to exceed $2,500 is 
for official reception and representation expenses; for the District of 
Columbia Court System, $65,114,000, of which not to exceed $2,500 is 
for official reception and representation expenses; and $75,520,000, to 
remain available until September 30, 2011, for capital improvements for 
District of Columbia courthouse facilities, including structural 
improvements to the District of Columbia cell block at the Moultrie 
Courthouse: Provided, That funds made available for capital 
improvements shall be expended consistent with the General Services 
Administration (GSA) master plan study and building evaluation report: 
Provided further, That notwithstanding any other provision of law, all 
amounts under this heading shall be apportioned quarterly by the Office 
of Management and Budget and obligated and expended in the same manner 
as funds appropriated for salaries and expenses of other Federal 
agencies, with payroll and financial services to be provided on a 
contractual basis with the GSA, and such services shall include the 
preparation of monthly financial reports, copies of which shall be 
submitted directly by GSA to the President and to the Committees on 
Appropriations of the House of Representatives and the Senate, the 
Committee on Oversight and Government Reform of the House of 
Representatives, and the Committee on Homeland Security and 
Governmental Affairs of the Senate: Provided further, That 30 days 
after providing written notice to the Committees on Appropriations of 
the House of Representatives and the Senate, the District of Columbia 
Courts may reallocate not more than $1,000,000 of the funds provided 
under this heading among the items and entities funded under this 
heading for operations, and not more than 4 percent of the funds 
provided under this heading for facilities.

  federal payment for defender services in district of columbia courts

    For payments authorized under section 11-2604 and section 11-2605, 
D.C. Official Code (relating to representation provided under the 
District of Columbia Criminal Justice Act), payments for counsel 
appointed in proceedings in the Family Court of the Superior Court of 
the District of Columbia under chapter 23 of title 16, D.C. Official 
Code, or pursuant to contractual agreements to provide guardian ad 
litem representation, training, technical assistance, and such other 
services as are necessary to improve the quality of guardian ad litem 
representation, payments for counsel appointed in adoption proceedings 
under chapter 3 of title 16, D.C. Official Code, and payments for 
counsel authorized under section 21-2060, D.C. Official Code (relating 
to representation provided under the District of Columbia Guardianship, 
Protective Proceedings, and Durable Power of Attorney Act of 1986), 
$55,000,000, to remain available until expended: Provided, That funds 
provided under this heading shall be administered by the Joint 
Committee on Judicial Administration in the District of Columbia: 
Provided further, That notwithstanding any other provision of law, this 
appropriation shall be apportioned quarterly by the Office of 
Management and Budget and obligated and expended in the same manner as 
funds appropriated for expenses of other Federal agencies, with payroll 
and financial services to be provided on a contractual basis with the 
General Services Administration (GSA), and such services shall include 
the preparation of monthly financial reports, copies of which shall be 
submitted directly by GSA to the President and to the Committees on 
Appropriations of the House of Representatives and the Senate, the 
Committee on Oversight and Government Reform of the House of 
Representatives, and the Committee on Homeland Security and 
Governmental Affairs of the Senate.

 federal payment to the court services and offender supervision agency 
                      for the district of columbia

    For salaries and expenses, including the transfer and hire of motor 
vehicles, of the Court Services and Offender Supervision Agency for the 
District of Columbia, as authorized by the National Capital 
Revitalization and Self-Government Improvement Act of 1997, 
$212,408,000, of which not to exceed $2,000 is for official reception 
and representation expenses related to Community Supervision and 
Pretrial Services Agency programs; of which not to exceed $25,000 is 
for dues and assessments relating to the implementation of the Court 
Services and Offender Supervision Agency Interstate Supervision Act of 
2002; of which $153,856,000 shall be for necessary expenses of 
Community Supervision and Sex Offender Registration, to include 
expenses relating to the supervision of adults subject to protection 
orders or the provision of services for or related to such persons; of 
which $58,552,000 shall be available to the Pretrial Services Agency: 
Provided, That notwithstanding any other provision of law, all amounts 
under this heading shall be apportioned quarterly by the Office of 
Management and Budget and obligated and expended in the same manner as 
funds appropriated for salaries and expenses of other Federal agencies: 
Provided further, That not less than $2,000,000 shall be available for 
re-entrant housing in the District of Columbia: Provided further, That 
the Director is authorized to accept and use gifts in the form of in-
kind contributions of space and hospitality to support offender and 
defendant programs, and equipment and vocational training services to 
educate and train offenders and defendants: Provided further, That the 
Director shall keep accurate and detailed records of the acceptance and 
use of any gift or donation under the previous proviso, and shall make 
such records available for audit and public inspection: Provided 
further, That the Court Services and Offender Supervision Agency 
Director is authorized to accept and use reimbursement from the 
District of Columbia Government for space and services provided on a 
cost reimbursable basis.

  federal payment to the public defender service for the district of 
                                columbia

    For salaries and expenses, including the transfer and hire of motor 
vehicles, of the District of Columbia Public Defender Service, as 
authorized by the National Capital Revitalization and Self-Government 
Improvement Act of 1997, $37,316,000: Provided, That notwithstanding 
any other provision of law, all amounts under this heading shall be 
apportioned quarterly by the Office of Management and Budget and 
obligated and expended in the same manner as funds appropriated for 
salaries and expenses of Federal agencies.

 federal payment to the district of columbia water and sewer authority

    For a Federal payment to the District of Columbia Water and Sewer 
Authority, $20,000,000, to remain available until expended, to continue 
implementation of the Combined Sewer Overflow Long-Term Plan: Provided, 
That the District of Columbia Water and Sewer Authority provides a 100 
percent match for this payment.

      federal payment to the criminal justice coordinating council

    For a Federal payment to the Criminal Justice Coordinating Council, 
$2,000,000, to remain available until expended, to support initiatives 
related to the coordination of Federal and local criminal justice 
resources in the District of Columbia.

                federal payment for judicial commissions

    For a Federal payment, to remain available until September 30, 
2011, to the Commission on Judicial Disabilities and Tenure, $295,000, 
and for the Judicial Nomination Commission, $205,000.

 federal payment to the office of the chief financial officer for the 
                          district of columbia

    For a Federal payment to the Office of the Chief Financial Officer 
for the District of Columbia, $1,850,000, in the amounts and for the 
projects specified in the table that appears under the heading 
``Federal Payment to the Office of the Chief Financial Officer for the 
District of Columbia'' in the statement of managers to accompany this 
Act: Provided, That each entity that receives funding under this 
heading shall submit to the Office of the Chief Financial Officer for 
the District of Columbia (CFO), not later than 60 days after enactment 
of this Act, a detailed budget and comprehensive description of the 
activities to be carried out with such funds, and the CFO shall submit 
a comprehensive report to the Committees on Appropriations of the House 
of Representatives and the Senate not later than June 1, 2010.

                 federal payment for school improvement

    For a Federal payment for a school improvement program in the 
District of Columbia, $75,400,000, to be allocated as follows: for the 
District of Columbia Public Schools, $42,200,000 to improve public 
school education in the District of Columbia; for the State Education 
Office, $20,000,000 to expand quality public charter schools in the 
District of Columbia, to remain available until expended; for the 
Secretary of the Department of Education, $13,200,000 to provide 
opportunity scholarships for students in the District of Columbia in 
accordance with title III of division C of the District of Columbia 
Appropriations Act, 2004 (Public Law 108-199; 118 Stat. 126), to remain 
available until expended, of which up to $1,000,000 may be used to 
administer and fund assessments, and of which up to $1,000,000 may be 
used to administer testing of students to determine and compare 
academic performance of the schools enrolling students participating in 
the opportunity scholarship program: Provided, That notwithstanding the 
second proviso under this heading in Public Law 111-8, funds provided 
herein may only be used to provide opportunity scholarships to students 
who received scholarships in the 2009-2010 school year: Provided 
further, That funds available under this heading for opportunity 
scholarships, including from prior-year appropriations Acts, may be 
made available only for scholarships to students who received 
scholarships in the 2009-2010 school year: Provided further, That none 
of the funds provided in this Act or any other Act for opportunity 
scholarships may be used by an eligible student to enroll in a 
participating school under the DC School Choice Incentive Act of 2003 
unless (1) the participating school has and maintains a valid 
certificate of occupancy issued by the District of Columbia; (2) the 
core subject matter teachers of the eligible student hold 4-year 
bachelor's degrees; and (3) the participating school is in compliance 
with the accreditation and other standards prescribed under the 
District of Columbia compulsory school attendance laws that apply to 
educational institutions not affiliated with the District of Columbia 
Public Schools: Provided further, That the Secretary of Education shall 
submit a report to Congress not later than June 15, 2010 detailing the 
academic rigor and quality of each participating school and that for 
the purposes of submitting the report the Secretary shall administer to 
eligible students participating in the program the same tests of 
academic performance as those administered to students enrolled in the 
District of Columbia Public Schools in the 2009-2010 school year and 
the Secretary shall utilize the performance of scholarship recipients 
on that test as well as other metrics of academic quality considered 
appropriate by the Secretary to evaluate the academic rigor and quality 
of participating schools and include in this report comparative data on 
District of Columbia Public Schools and Public Charter Schools: 
Provided further, That the Secretary of Education shall ensure that 
site inspections of participating schools are conducted at least twice 
annually.

          federal payment for consolidated laboratory facility

    For a Federal payment to the District of Columbia, $15,000,000, to 
remain available until September 30, 2011, for costs associated with 
the construction of a consolidated bioterrorism and forensics 
laboratory: Provided, That the District of Columbia provides a 100 
percent match for this payment.

      federal payment for the district of columbia national guard

    For a Federal payment to the District of Columbia National Guard, 
$375,000, to remain available until expended for the District of 
Columbia National Guard retention and college access programs, which 
shall hereafter be known as the ``Major General David F. Wherley, Jr. 
District of Columbia National Guard Retention and College Access 
Program''.

              federal payment for housing for the homeless

    For a Federal payment to the District of Columbia, $17,000,000, to 
remain available until September 30, 2011, to support permanent 
supportive housing programs in the District.

                   federal payment for youth services

    For a Federal payment to the District of Columbia, $4,000,000, to 
remain available until September 30, 2011, to support the 
``Reconnecting Disconnected Youth'' initiative.

                       District of Columbia Funds

    The following amounts are appropriated for the District of Columbia 
for the current fiscal year out of the General Fund of the District of 
Columbia (``General Fund''), except as otherwise specifically provided: 
Provided, That notwithstanding any other provision of law, except as 
provided in section 450A of the District of Columbia Home Rule Act, 
(114 Stat. 2440; D.C. Official Code, section 1-204.50a) and provisions 
of the Fiscal Year 2010 Budget Request Act, the total amount 
appropriated in this Act for operating expenses for the District of 
Columbia for fiscal year 2010 under this heading shall not exceed the 
lesser of the sum of the total revenues of the District of Columbia for 
such fiscal year or $10,016,041,000 (of which $5,637,824,000 shall be 
from local funds, (including $394,417,000 from dedicated taxes) 
$2,661,782,000 shall be from Federal grant funds, $1,711,249,000 shall 
be from other funds, and $5,187,000 shall be from private funds); in 
addition, $185,725,000 from funds previously appropriated in this Act 
as Federal payments, which does not include funds appropriated under 
the American Recovery and Reinvestment Act of 2009 (Public Law 111-5): 
Provided further, That of the local funds, such amounts as may be 
necessary may be derived from the District's General Fund balance: 
Provided further, That of these funds the District's intradistrict 
authority shall be $791,096,000: in addition for capital construction 
projects, an increase of $3,249,642,000, of which $2,685,760,000 shall 
be from local funds, $54,893,000 from the District of Columbia Highway 
Trust fund, $186,805,000 from the Local Street Maintenance fund, 
$322,184,000 from Federal grant funds, and a rescission of 
$1,834,494,000 from local funds and a rescission of $91,327,000 from 
Local Street Maintenance funds appropriated under this heading in prior 
fiscal years for a net amount of $1,323,821,000, to remain available 
until expended: Provided further, That the amounts provided under this 
heading are to be available, allocated and expended as proposed under 
Title III of the Fiscal Year 2010 Budget Request Act at the rate set 
forth under ``District of Columbia Funds Division of Expenses'' of the 
Fiscal Year 2010 Proposed Budget and Financial Plan submitted to the 
Congress of the United States by the District of Columbia on September 
28, 2009: Provided further, That this amount may be increased by 
proceeds of one-time transactions, which are expended for emergency or 
unanticipated operating or capital needs: Provided further, That such 
increases shall be approved by enactment of local District law and 
shall comply with all reserve requirements contained in the District of 
Columbia Home Rule Act (87 Stat. 777; D.C. Official Code sec. 1-201.01 
et seq.): Provided further, That the Chief Financial Officer of the 
District of Columbia shall take such steps as are necessary to assure 
that the District of Columbia meets these requirements, including the 
apportioning by the Chief Financial Officer of the appropriations and 
funds made available to the District during fiscal year 2010, except 
that the Chief Financial Officer may not reprogram for operating 
expenses any funds derived from bonds, notes, or other obligations 
issued for capital projects.
     This title may be cited as the ``District of Columbia 
Appropriations Act, 2010''.

                                TITLE V

                          INDEPENDENT AGENCIES

             Administrative Conference of the United States

                         salaries and expenses

    For necessary expenses of the Administrative Conference of the 
United States, authorized by 5 U.S.C. 591 et seq., $1,500,000, to 
remain available until September 30, 2011, of which not to exceed 
$1,000 is for official reception and representation expenses.

               Christopher Columbus Fellowship Foundation

                         salaries and expenses

    For payment to the Christopher Columbus Fellowship Foundation, 
established by section 423 of Public Law 102-281, $750,000, to remain 
available until expended.

                   Consumer Product Safety Commission

                         salaries and expenses

    For necessary expenses of the Consumer Product Safety Commission, 
including hire of passenger motor vehicles, services as authorized by 5 
U.S.C. 3109, but at rates for individuals not to exceed the per diem 
rate equivalent to the maximum rate payable under 5 U.S.C. 5376, 
purchase of nominal awards to recognize non-Federal officials' 
contributions to Commission activities, and not to exceed $2,000 for 
official reception and representation expenses, $118,200,000, of which 
$2,000,000 shall remain available for obligation until September 30, 
2011, to implement the Virginia Graeme Baker Pool and Spa Safety Act 
grant program as provided by section 1405 of Public Law 110-140 (15 
U.S.C. 8004).

                     Election Assistance Commission

                         salaries and expenses

                     (including transfer of funds)

    For necessary expenses to carry out the Help America Vote Act of 
2002 (Public Law 107-252), $17,959,000, of which $3,500,000 shall be 
transferred to the National Institute of Standards and Technology for 
election reform activities authorized under the Help America Vote Act 
of 2002: Provided, That $750,000 shall be for the Help America Vote 
College Program as authorized by the Help America Vote Act of 2002: 
Provided further, That $300,000 shall be for a competitive grant 
program to support community involvement in student and parent mock 
elections.

                        election reform programs

    For necessary expenses relating to election reform programs, 
$75,000,000, to remain available until expended, of which $70,000,000 
shall be for requirements payments under part 1 of subtitle D of title 
II of the Help America Vote Act of 2002 (Public Law 107-252), 
$3,000,000 shall be for grants to carry out research on voting 
technology improvements as authorized under part 3 of subtitle D of 
title II of such Act, and $2,000,000, shall be to conduct a pilot 
program for grants to States and units of local government for pre-
election logic and accuracy testing and post-election voting systems 
verification.

                   Federal Communications Commission

                         salaries and expenses

    For necessary expenses of the Federal Communications Commission, as 
authorized by law, including uniforms and allowances therefor, as 
authorized by 5 U.S.C. 5901-5902; not to exceed $4,000 for official 
reception and representation expenses; purchase and hire of motor 
vehicles; special counsel fees; and services as authorized by 5 U.S.C. 
3109, $335,794,000: Provided, That $335,794,000 of offsetting 
collections shall be assessed and collected pursuant to section 9 of 
title I of the Communications Act of 1934, shall be retained and used 
for necessary expenses in this appropriation, and shall remain 
available until expended: Provided further, That the sum herein 
appropriated shall be reduced as such offsetting collections are 
received during fiscal year 2010 so as to result in a final fiscal year 
2010 appropriation estimated at $0: Provided further, That any 
offsetting collections received in excess of $335,794,000 in fiscal 
year 2010 shall not be available for obligation: Provided further, That 
remaining offsetting collections from prior years collected in excess 
of the amount specified for collection in each such year and otherwise 
becoming available on October 1, 2009, shall not be available for 
obligation: Provided further, That notwithstanding 47 U.S.C. 
309(j)(8)(B), proceeds from the use of a competitive bidding system 
that may be retained and made available for obligation shall not exceed 
$85,000,000 for fiscal year 2010: Provided further, That the Inspector 
General of the Federal Communications Commission shall examine whether, 
and to what extent, the National Exchange Carrier Association, Inc. is 
acting in compliance with the Communications Act of 1934, as amended, 
and the regulations promulgated thereunder, and whether, and to what 
extent, the FCC has delegated authority to National Exchange Carrier 
Association, Inc. consistent with the Communications Act of 1934, as 
amended: Provided further, That the Federal Communications Commission 
Inspector General shall submit a report to Congress not later than July 
1, 2010, setting forth the conclusions of such examination.

      administrative provisions--federal communications commission

    Sec. 501.  Section 302 of the Universal Service Antideficiency 
Temporary Suspension Act is amended by striking ``December 31, 2009'', 
each place it appears and inserting ``December 31, 2010''.
    Sec. 502.  None of the funds appropriated by this Act may be used 
by the Federal Communications Commission to modify, amend, or change 
its rules or regulations for universal service support payments to 
implement the February 27, 2004 recommendations of the Federal-State 
Joint Board on Universal Service regarding single connection or primary 
line restrictions on universal service support payments.

                 Federal Deposit Insurance Corporation

                    office of the inspector general

    For necessary expenses of the Office of Inspector General in 
carrying out the provisions of the Inspector General Act of 1978, 
$37,942,000, to be derived from the Deposit Insurance Fund or, only 
when appropriate, the FSLIC Resolution Fund.

                      Federal Election Commission

                         salaries and expenses

    For necessary expenses to carry out the provisions of the Federal 
Election Campaign Act of 1971, $66,500,000, of which not to exceed 
$5,000 shall be available for reception and representation expenses.

                   Federal Labor Relations Authority

                         salaries and expenses

    For necessary expenses to carry out functions of the Federal Labor 
Relations Authority, pursuant to Reorganization Plan Numbered 2 of 
1978, and the Civil Service Reform Act of 1978, including services 
authorized by 5 U.S.C. 3109, and including hire of experts and 
consultants, hire of passenger motor vehicles, and rental of conference 
rooms in the District of Columbia and elsewhere, $24,773,000: Provided, 
That public members of the Federal Service Impasses Panel may be paid 
travel expenses and per diem in lieu of subsistence as authorized by 
law (5 U.S.C. 5703) for persons employed intermittently in the 
Government service, and compensation as authorized by 5 U.S.C. 3109: 
Provided further, That notwithstanding 31 U.S.C. 3302, funds received 
from fees charged to non-Federal participants at labor-management 
relations conferences shall be credited to and merged with this 
account, to be available without further appropriation for the costs of 
carrying out these conferences.

                        Federal Trade Commission

                         salaries and expenses

    For necessary expenses of the Federal Trade Commission, including 
uniforms or allowances therefor, as authorized by 5 U.S.C. 5901-5902; 
services as authorized by 5 U.S.C. 3109; hire of passenger motor 
vehicles; and not to exceed $2,000 for official reception and 
representation expenses, $291,700,000, to remain available until 
expended: Provided, That not to exceed $300,000 shall be available for 
use to contract with a person or persons for collection services in 
accordance with the terms of 31 U.S.C. 3718: Provided further, That, 
notwithstanding any other provision of law, not to exceed $102,000,000 
of offsetting collections derived from fees collected for premerger 
notification filings under the Hart-Scott-Rodino Antitrust Improvements 
Act of 1976 (15 U.S.C. 18a), regardless of the year of collection, 
shall be retained and used for necessary expenses in this 
appropriation: Provided further, That, notwithstanding any other 
provision of law, not to exceed $21,000,000 in offsetting collections 
derived from fees sufficient to implement and enforce the Telemarketing 
Sales Rule, promulgated under the Telemarketing and Consumer Fraud and 
Abuse Prevention Act (15 U.S.C. 6101 et seq.), shall be credited to 
this account, and be retained and used for necessary expenses in this 
appropriation: Provided further, That the sum herein appropriated from 
the general fund shall be reduced as such offsetting collections are 
received during fiscal year 2010, so as to result in a final fiscal 
year 2010 appropriation from the general fund estimated at not more 
than $168,700,000: Provided further, That none of the funds made 
available to the Federal Trade Commission may be used to implement 
subsection (e)(2)(B) of section 43 of the Federal Deposit Insurance Act 
(12 U.S.C. 1831t).

                    General Services Administration

                        real property activities

                         federal buildings fund

                 limitations on availability of revenue

    For an additional amount to be deposited in the Federal Buildings 
Fund, $537,900,000. Amounts in the Fund, including revenues and 
collections deposited into the Fund shall be available for necessary 
expenses of real property management and related activities not 
otherwise provided for, including operation, maintenance, and 
protection of federally owned and leased buildings; rental of buildings 
in the District of Columbia; restoration of leased premises; moving 
governmental agencies (including space adjustments and 
telecommunications relocation expenses) in connection with the 
assignment, allocation and transfer of space; contractual services 
incident to cleaning or servicing buildings, and moving; repair and 
alteration of federally owned buildings including grounds, approaches 
and appurtenances; care and safeguarding of sites; maintenance, 
preservation, demolition, and equipment; acquisition of buildings and 
sites by purchase, condemnation, or as otherwise authorized by law; 
acquisition of options to purchase buildings and sites; conversion and 
extension of federally owned buildings; preliminary planning and design 
of projects by contract or otherwise; construction of new buildings 
(including equipment for such buildings); and payment of principal, 
interest, and any other obligations for public buildings acquired by 
installment purchase and purchase contract; in the aggregate amount of 
$8,543,585,000, of which: (1) $894,037,000 shall remain available until 
expended for construction and acquisition (including funds for sites 
and expenses and associated design and construction services) of 
additional projects at the following locations:
    New Construction:
        Alabama:
            Mobile, United States Courthouse, $50,000,000.
        California:
            Calexico, Calexico West, Land Port of Entry, $9,437,000.
        Colorado:
            Lakewood, Denver Federal Center Remediation, $9,962,000.
        District of Columbia:
            Columbia Plaza, $100,000,000.
            Southeast Federal Center Remediation, $15,000,000.
        Florida:
            Miami, Federal Bureau of Investigation Field Office 
        Consolidation, $190,675,000.
        Georgia:
            Savannah, United States Courthouse, $7,900,000.
        Maine:
            Madawaska, Land Port of Entry, $50,127,000.
        Maryland:
            White Oak, Food and Drug Administration Consolidation, 
        $137,871,000.
            Greenbelt, United States Courthouse, $10,000,000.
        Pennsylvania:
            Lancaster, United States Courthouse, $6,500,000.
        Texas:
            El Paso, Tornillo-Guadalupe, Land Port of Entry, 
        $91,565,000.
            San Antonio, United States Courthouse, $4,000,000.
        Utah:
            Salt Lake City, United States Courthouse, $211,000,000:
Provided, That each of the foregoing limits of costs on new 
construction projects may be exceeded to the extent that savings are 
effected in other such projects, but not to exceed 10 percent of the 
amounts included in an approved prospectus, if required, unless advance 
approval is obtained from the Committees on Appropriations of a greater 
amount: Provided further, That all funds for direct construction 
projects shall expire on September 30, 2011 and remain in the Federal 
Buildings Fund except for funds for projects as to which funds for 
design or other funds have been obligated in whole or in part prior to 
such date: Provided further, That for fiscal year 2011 and thereafter, 
the annual budget submission to Congress for the General Services 
Administration shall include a detailed 5-year plan for Federal 
building construction projects with a yearly update of total projected 
future funding needs: Provided further, That for fiscal year 2011 and 
thereafter, the annual budget submission to Congress for the General 
Services Administration shall, in consultation with U.S. Customs and 
Border Protection, include a detailed 5-year plan for Federal land 
port-of-entry projects with a yearly update of total projected future 
funding needs; (2) $413,776,000 shall remain available until expended 
for repairs and alterations, which includes associated design and 
construction services:
    Repairs and Alterations:
        District of Columbia:
            East Wing Infrastructure Systems Replacement, $84,500,000.
            Eisenhower Executive Office Building Roof Replacement, 
        $15,000,000.
            New Executive Office Building, $30,276,000.
        Special Emphasis Programs:
            Fire and Life Safety Program, $20,000,000.
            Energy and Water Retrofit and Conservation Measures, 
        $2,000,000.
            Federal High-Performance Green Buildings, $2,000,000.
        Basic Repairs and Alterations, $260,000,000:
Provided further, That funds made available in this or any previous Act 
in the Federal Buildings Fund for Repairs and Alterations shall, for 
prospectus projects, be limited to the amount identified for each 
project, except each project in this or any previous Act may be 
increased by an amount not to exceed 10 percent unless advance approval 
is obtained from the Committees on Appropriations of a greater amount: 
Provided further, That additional projects for which prospectuses have 
been fully approved may be funded under this category only if advance 
approval is obtained from the Committees on Appropriations: Provided 
further, That the amounts provided in this or any prior Act for 
``Repairs and Alterations'' may be used to fund costs associated with 
implementing security improvements to buildings necessary to meet the 
minimum standards for security in accordance with current law and in 
compliance with the reprogramming guidelines of the appropriate 
Committees of the House and Senate: Provided further, That the 
difference between the funds appropriated and expended on any projects 
in this or any prior Act, under the heading ``Repairs and 
Alterations'', may be transferred to Basic Repairs and Alterations or 
used to fund authorized increases in prospectus projects: Provided 
further, That all funds for repairs and alterations prospectus projects 
shall expire on September 30, 2011 and remain in the Federal Buildings 
Fund except funds for projects as to which funds for design or other 
funds have been obligated in whole or in part prior to such date: 
Provided further, That the amount provided in this or any prior Act for 
Basic Repairs and Alterations may be used to pay claims against the 
Government arising from any projects under the heading ``Repairs and 
Alterations'' or used to fund authorized increases in prospectus 
projects; (3) $140,525,000 for installment acquisition payments 
including payments on purchase contracts which shall remain available 
until expended; (4) $4,804,871,000 for rental of space which shall 
remain available until expended; and (5) $2,290,376,000 for building 
operations which shall remain available until expended: Provided 
further, That funds available to the General Services Administration 
shall not be available for expenses of any construction, repair, 
alteration and acquisition project for which a prospectus, if required 
by the Public Buildings Act of 1959, has not been approved, except that 
necessary funds may be expended for each project for required expenses 
for the development of a proposed prospectus: Provided further, That 
funds available in the Federal Buildings Fund may be expended for 
emergency repairs when advance approval is obtained from the Committees 
on Appropriations: Provided further, That amounts necessary to provide 
reimbursable special services to other agencies under 40 U.S.C. 
592(b)(2) and amounts to provide such reimbursable fencing, lighting, 
guard booths, and other facilities on private or other property not in 
Government ownership or control as may be appropriate to enable the 
United States Secret Service to perform its protective functions 
pursuant to 18 U.S.C. 3056, shall be available from such revenues and 
collections: Provided further, That revenues and collections and any 
other sums accruing to this Fund during fiscal year 2010, excluding 
reimbursements under 40 U.S.C. 592(b)(2) in excess of the aggregate new 
obligational authority authorized for Real Property Activities of the 
Federal Buildings Fund in this Act shall remain in the Fund and shall 
not be available for expenditure except as authorized in appropriations 
Acts.

                           general activities

                         government-wide policy

    For expenses authorized by law, not otherwise provided for, for 
Government-wide policy and evaluation activities associated with the 
management of real and personal property assets and certain 
administrative services; Government-wide policy support 
responsibilities relating to acquisition, telecommunications, 
information technology management, and related technology activities; 
and services as authorized by 5 U.S.C. 3109; $59,665,000.

                           operating expenses

    For expenses authorized by law, not otherwise provided for, for 
Government-wide activities associated with utilization and donation of 
surplus personal property; disposal of real property; agency-wide 
policy direction, management, and communications; the Civilian Board of 
Contract Appeals; services as authorized by 5 U.S.C. 3109; and not to 
exceed $7,500 for official reception and representation expenses; 
$72,881,000, of which $1,000,000 shall be for a payment to the Oklahoma 
City National Memorial Foundation as authorized by 16 U.S.C. 450ss-5.

                      office of inspector general

    For necessary expenses of the Office of Inspector General and 
service authorized by 5 U.S.C. 3109, $59,000,000: Provided, That not to 
exceed $15,000 shall be available for payment for information and 
detection of fraud against the Government, including payment for 
recovery of stolen Government property: Provided further, That not to 
exceed $2,500 shall be available for awards to employees of other 
Federal agencies and private citizens in recognition of efforts and 
initiatives resulting in enhanced Office of Inspector General 
effectiveness.

                       electronic government fund

                     (including transfer of funds)

    For necessary expenses in support of interagency projects that 
enable the Federal Government to expand its ability to conduct 
activities electronically, through the development and implementation 
of innovative uses of the Internet and other electronic methods, 
$34,000,000, to remain available until expended: Provided, That these 
funds may be transferred to Federal agencies to carry out the purpose 
of the Fund: Provided further, That this transfer authority shall be in 
addition to any other transfer authority provided in this Act: Provided 
further, That such transfers may not be made until 10 days after a 
proposed spending plan and explanation for each project to be 
undertaken has been submitted to the Committees on Appropriations of 
the House of Representatives and the Senate.

           allowances and office staff for former presidents

    For carrying out the provisions of the Act of August 25, 1958 (3 
U.S.C. 102 note), and Public Law 95-138, $3,756,000.

                     federal citizen services fund

    For necessary expenses of the Office of Citizen Services, including 
services authorized by 5 U.S.C. 3109, $36,515,000, to be deposited into 
the Federal Citizen Services Fund: Provided, That the appropriations, 
revenues, and collections deposited into the Fund shall be available 
for necessary expenses of Federal Citizen Services activities in the 
aggregate amount not to exceed $61,000,000. Appropriations, revenues, 
and collections accruing to this Fund during fiscal year 2010 in excess 
of such amount shall remain in the Fund and shall not be available for 
expenditure except as authorized in appropriations Acts.

       administrative provisions--general services administration

                     (including transfers of funds)

    Sec. 510.  Funds available to the General Services Administration 
shall be available for the hire of passenger motor vehicles.
    Sec. 511.  Funds in the Federal Buildings Fund made available for 
fiscal year 2010 for Federal Buildings Fund activities may be 
transferred between such activities only to the extent necessary to 
meet program requirements: Provided, That any proposed transfers shall 
be approved in advance by the Committees on Appropriations of the House 
of Representatives and the Senate.
    Sec. 512.  Except as otherwise provided in this title, funds made 
available by this Act shall be used to transmit a fiscal year 2011 
request for United States Courthouse construction only if the request: 
(1) meets the design guide standards for construction as established 
and approved by the General Services Administration, the Judicial 
Conference of the United States, and the Office of Management and 
Budget; (2) reflects the priorities of the Judicial Conference of the 
United States as set out in its approved 5-year construction plan; and 
(3) includes a standardized courtroom utilization study of each 
facility to be constructed, replaced, or expanded.
    Sec. 513.  None of the funds provided in this Act may be used to 
increase the amount of occupiable square feet, provide cleaning 
services, security enhancements, or any other service usually provided 
through the Federal Buildings Fund, to any agency that does not pay the 
rate per square foot assessment for space and services as determined by 
the General Services Administration in compliance with the Public 
Buildings Amendments Act of 1972 (Public Law 92-313).
    Sec. 514.  From funds made available under the heading ``Federal 
Buildings Fund, Limitations on Availability of Revenue'', claims 
against the Government of less than $250,000 arising from direct 
construction projects and acquisition of buildings may be liquidated 
from savings effected in other construction projects with prior 
notification to the Committees on Appropriations of the House of 
Representatives and the Senate.
    Sec. 515.  In any case in which the Committee on Transportation and 
Infrastructure of the House of Representatives and the Committee on 
Environment and Public Works of the Senate adopt a resolution granting 
lease authority pursuant to a prospectus transmitted to Congress by the 
Administrator of the General Services Administration under 40 U.S.C. 
3307, the Administrator shall ensure that the delineated area of 
procurement is identical to the delineated area included in the 
prospectus for all lease agreements, except that, if the Administrator 
determines that the delineated area of the procurement should not be 
identical to the delineated area included in the prospectus, the 
Administrator shall provide an explanatory statement to each of such 
committees and the Committees on Appropriations of the House of 
Representatives and the Senate prior to exercising any lease authority 
provided in the resolution.
    Sec. 516.  In furtherance of the emergency management policy set 
forth in the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act, the Administrator of the General Services 
Administration may provide for the use of the Federal supply schedules 
of the General Services Administration by relief and disaster 
assistance organizations as described in section 309 of that Act. 
Purchases under this authority shall be limited to use in preparation 
for, response to, and recovery from hazards as defined in section 602 
of that Act.

                 Harry S Truman Scholarship Foundation

                         salaries and expenses

    For payment to the Harry S Truman Scholarship Foundation Trust 
Fund, established by section 10 of Public Law 93-642, $660,000, to 
remain available until expended.

                     Merit Systems Protection Board

                         salaries and expenses

                     (including transfer of funds)

    For necessary expenses to carry out functions of the Merit Systems 
Protection Board pursuant to Reorganization Plan Numbered 2 of 1978, 
the Civil Service Reform Act of 1978, and the Whistleblower Protection 
Act of 1989 (5 U.S.C. 5509 note), including services as authorized by 5 
U.S.C. 3109, rental of conference rooms in the District of Columbia and 
elsewhere, hire of passenger motor vehicles, direct procurement of 
survey printing, and not to exceed $2,000 for official reception and 
representation expenses, $40,339,000 together with not to exceed 
$2,579,000 for administrative expenses to adjudicate retirement appeals 
to be transferred from the Civil Service Retirement and Disability Fund 
in amounts determined by the Merit Systems Protection Board.

            Morris K. Udall and Stewart L. Udall Foundation

            morris k. udall and stewart l. udall trust fund

                     (including transfer of funds)

    For payment to the Morris K. Udall and Stewart L. Udall Trust Fund, 
pursuant to the Morris K. Udall and Stewart L. Udall Foundation Act (20 
U.S.C. 5601 et seq.), $2,500,000, to remain available until expended, 
of which up to $50,000 shall be used to conduct financial audits 
pursuant to the Accountability of Tax Dollars Act of 2002 (Public Law 
107-289) notwithstanding sections 8 and 9 of Public Law 102-259: 
Provided, That up to 60 percent of such funds may be transferred by the 
Morris K. Udall and Stewart L. Udall Foundation for the necessary 
expenses of the Native Nations Institute.

                 environmental dispute resolution fund

    For payment to the Environmental Dispute Resolution Fund to carry 
out activities authorized in the Environmental Policy and Conflict 
Resolution Act of 1998, $3,800,000, to remain available until expended.

              National Archives and Records Administration

                           operating expenses

    For necessary expenses in connection with the administration of the 
National Archives and Records Administration (including the Information 
Security Oversight Office) and archived Federal records and related 
activities, as provided by law, and for expenses necessary for the 
review and declassification of documents and the activities of the 
Public Interest Declassification Board, and for the hire of passenger 
motor vehicles, and for uniforms or allowances therefor, as authorized 
by law (5 U.S.C. 5901 et seq.), including maintenance, repairs, and 
cleaning, $339,770,000.

                      office of inspector general

    For necessary expenses of the Office of Inspector General in 
carrying out the provisions of the Inspector General Reform Act of 
2008, Public Law 110-409, 122 Stat. 4302-16 (2008), and the Inspector 
General Act of 1978 (5 U.S.C. App.), and for the hire of passenger 
motor vehicles, $4,100,000.

                      electronic records archives

    For necessary expenses in connection with the development of the 
electronic records archives, to include all direct project costs 
associated with research, analysis, design, development, and program 
management, $85,500,000, of which $61,757,000 shall remain available 
until September 30, 2012: Provided, That none of the multi-year funds 
may be obligated until the National Archives and Records Administration 
submits to the Committees on Appropriations, and such Committees 
approve, a plan for expenditure that: (1) meets the capital planning 
and investment control review requirements established by the Office of 
Management and Budget, including Circular A-11; (2) complies with the 
National Archives and Records Administration's enterprise architecture; 
(3) conforms with the National Archives and Records Administration's 
enterprise life cycle methodology; (4) is approved by the National 
Archives and Records Administration and the Office of Management and 
Budget; (5) has been reviewed by the Government Accountability Office; 
and (6) complies with the acquisition rules, requirements, guidelines, 
and systems acquisition management practices of the Federal Government.

                        repairs and restoration

    For the repair, alteration, and improvement of archives facilities, 
and to provide adequate storage for holdings, $27,500,000, to remain 
available until expended.

        national historical publications and records commission

                             grants program

    For necessary expenses for allocations and grants for historical 
publications and records as authorized by 44 U.S.C. 2504, $13,000,000, 
to remain available until expended.

                  National Credit Union Administration

                       central liquidity facility

    During fiscal year 2010, gross obligations of the Central Liquidity 
Facility for the principal amount of new direct loans to member credit 
unions, as authorized by 12 U.S.C. 1795 et seq., shall be the amount 
authorized by section 307(a)(4)(A) of the Federal Credit Union Act (12 
U.S.C. 1795f(a)(4)(A)): Provided, That administrative expenses of the 
Central Liquidity Facility in fiscal year 2010 shall not exceed 
$1,250,000.

               community development revolving loan fund

    For the Community Development Revolving Loan Fund program as 
authorized by 42 U.S.C. 9812, 9822 and 9910, $1,250,000 shall be 
available until September 30, 2011 for technical assistance to low-
income designated credit unions.

                      Office of Government Ethics

                         salaries and expenses

    For necessary expenses to carry out functions of the Office of 
Government Ethics pursuant to the Ethics in Government Act of 1978, and 
the Ethics Reform Act of 1989, including services as authorized by 5 
U.S.C. 3109, rental of conference rooms in the District of Columbia and 
elsewhere, hire of passenger motor vehicles, and not to exceed $1,500 
for official reception and representation expenses, $14,000,000.

                     Office of Personnel Management

                         salaries and expenses

                  (including transfer of trust funds)

    For necessary expenses to carry out functions of the Office of 
Personnel Management pursuant to Reorganization Plan Numbered 2 of 1978 
and the Civil Service Reform Act of 1978, including services as 
authorized by 5 U.S.C. 3109; medical examinations performed for 
veterans by private physicians on a fee basis; rental of conference 
rooms in the District of Columbia and elsewhere; hire of passenger 
motor vehicles; not to exceed $2,500 for official reception and 
representation expenses; advances for reimbursements to applicable 
funds of the Office of Personnel Management and the Federal Bureau of 
Investigation for expenses incurred under Executive Order No. 10422 of 
January 9, 1953, as amended; and payment of per diem and/or subsistence 
allowances to employees where Voting Rights Act activities require an 
employee to remain overnight at his or her post of duty, $102,970,000, 
of which $5,908,000 shall remain available until September 30, 2011 for 
the Enterprise Human Resources Integration project; $1,364,000 shall 
remain available until September 30, 2011 for the Human Resources Line 
of Business project; and in addition $112,738,000 for administrative 
expenses, to be transferred from the appropriate trust funds of the 
Office of Personnel Management without regard to other statutes, 
including direct procurement of printed materials, for the retirement 
and insurance programs, of which not more than $9,300,000 shall remain 
available until September 30, 2011 for the cost of implementing the new 
integrated financial system and not more than $4,000,000 shall remain 
available until September 30, 2011 for automating the retirement 
recordkeeping systems: Provided, That the provisions of this 
appropriation shall not affect the authority to use applicable trust 
funds as provided by sections 8348(a)(1)(B), and 9004(f)(2)(A) of title 
5, United States Code: Provided further, That no part of this 
appropriation shall be available for salaries and expenses of the Legal 
Examining Unit of the Office of Personnel Management established 
pursuant to Executive Order No. 9358 of July 1, 1943, or any successor 
unit of like purpose: Provided further, That the President's Commission 
on White House Fellows, established by Executive Order No. 11183 of 
October 3, 1964, may, during fiscal year 2010, accept donations of 
money, property, and personal services: Provided further, That such 
donations, including those from prior years, may be used for the 
development of publicity materials to provide information about the 
White House Fellows, except that no such donations shall be accepted 
for travel or reimbursement of travel expenses, or for the salaries of 
employees of such Commission: Provided further, That within the funds 
provided, the Office of Personnel Management shall carry out the 
Intergovernmental Personnel Act Mobility Program, with special 
attention to Federal agencies employing more than 2,000 nurses: 
Provided further, That funding may be allocated to develop guidelines 
that provide Federal agencies direction in using their authority under 
the Intergovernmental Personnel Act Mobility Program, according to the 
directives outlined in the joint explanatory statement.

                      office of inspector general

                         salaries and expenses

                  (including transfer of trust funds)

    For necessary expenses of the Office of Inspector General in 
carrying out the provisions of the Inspector General Act of 1978, 
including services as authorized by 5 U.S.C. 3109, hire of passenger 
motor vehicles, $3,148,000, and in addition, not to exceed $21,215,000 
for administrative expenses to audit, investigate, and provide other 
oversight of the Office of Personnel Management's retirement and 
insurance programs, to be transferred from the appropriate trust funds 
of the Office of Personnel Management, as determined by the Inspector 
General: Provided, That the Inspector General is authorized to rent 
conference rooms in the District of Columbia and elsewhere.

      government payment for annuitants, employees health benefits

    For payment of Government contributions with respect to retired 
employees, as authorized by chapter 89 of title 5, United States Code, 
and the Retired Federal Employees Health Benefits Act (74 Stat. 849), 
such sums as may be necessary.

       government payment for annuitants, employee life insurance

    For payment of Government contributions with respect to employees 
retiring after December 31, 1989, as required by chapter 87 of title 5, 
United States Code, such sums as may be necessary.

        payment to civil service retirement and disability fund

    For financing the unfunded liability of new and increased annuity 
benefits becoming effective on or after October 20, 1969, as authorized 
by 5 U.S.C. 8348, and annuities under special Acts to be credited to 
the Civil Service Retirement and Disability Fund, such sums as may be 
necessary: Provided, That annuities authorized by the Act of May 29, 
1944, and the Act of August 19, 1950 (33 U.S.C. 771-775), may hereafter 
be paid out of the Civil Service Retirement and Disability Fund.

                       Office of Special Counsel

                         salaries and expenses

    For necessary expenses to carry out functions of the Office of 
Special Counsel pursuant to Reorganization Plan Numbered 2 of 1978, the 
Civil Service Reform Act of 1978 (Public Law 95-454), the Whistleblower 
Protection Act of 1989 (Public Law 101-12), Public Law 107-304, and the 
Uniformed Services Employment and Reemployment Rights Act of 1994 
(Public Law 103-353), including services as authorized by 5 U.S.C. 
3109, payment of fees and expenses for witnesses, rental of conference 
rooms in the District of Columbia and elsewhere, and hire of passenger 
motor vehicles; $18,495,000.

                      Postal Regulatory Commission

                         salaries and expenses

                     (including transfer of funds)

    For necessary expenses of the Postal Regulatory Commission in 
carrying out the provisions of the Postal Accountability and 
Enhancement Act (Public Law 109-435), $14,333,000, to be derived by 
transfer from the Postal Service Fund and expended as authorized by 
section 603(a) of such Act.

              Privacy and Civil Liberties Oversight Board

                         salaries and expenses

    For necessary expenses of the Privacy and Civil Liberties Oversight 
Board, as authorized by section 1061 of the Intelligence Reform and 
Terrorism Prevention Act of 2004 (5 U.S.C. 601 note), $1,500,000, to 
remain available until September 30, 2011.

                   Securities and Exchange Commission

                         salaries and expenses

    For necessary expenses for the Securities and Exchange Commission, 
including services as authorized by 5 U.S.C. 3109, the rental of space 
(to include multiple year leases) in the District of Columbia and 
elsewhere, and not to exceed $3,500 for official reception and 
representation expenses, $1,111,000,000, to remain available until 
expended; of which not less than $4,400,000 shall be for the Office of 
Inspector General; of which not to exceed $20,000 may be used toward 
funding a permanent secretariat for the International Organization of 
Securities Commissions; and of which not to exceed $100,000 shall be 
available for expenses for consultations and meetings hosted by the 
Commission with foreign governmental and other regulatory officials, 
members of their delegations, appropriate representatives and staff to 
exchange views concerning developments relating to securities matters, 
development and implementation of cooperation agreements concerning 
securities matters and provision of technical assistance for the 
development of foreign securities markets, such expenses to include 
necessary logistic and administrative expenses and the expenses of 
Commission staff and foreign invitees in attendance at such 
consultations and meetings including: (1) such incidental expenses as 
meals taken in the course of such attendance; (2) any travel and 
transportation to or from such meetings; and (3) any other related 
lodging or subsistence: Provided, That fees and charges authorized by 
sections 6(b) of the Securities Exchange Act of 1933 (15 U.S.C. 
77f(b)), and 13(e), 14(g) and 31 of the Securities Exchange Act of 1934 
(15 U.S.C. 78m(e), 78n(g), and 78ee), shall be credited to this account 
as offsetting collections: Provided further, That not to exceed 
$1,094,915,800 of such offsetting collections shall be available until 
expended for necessary expenses of this account: Provided further, That 
$16,084,200 shall be derived from prior year unobligated balances from 
funds previously appropriated to the Securities and Exchange 
Commission: Provided further, That the total amount appropriated under 
this heading from the general fund for fiscal year 2010 shall be 
reduced as such offsetting fees are received so as to result in a final 
total fiscal year 2010 appropriation from the general fund estimated at 
not more than $0.

                        Selective Service System

                         salaries and expenses

    For necessary expenses of the Selective Service System, including 
expenses of attendance at meetings and of training for uniformed 
personnel assigned to the Selective Service System, as authorized by 5 
U.S.C. 4101-4118 for civilian employees; purchase of uniforms, or 
allowances therefor, as authorized by 5 U.S.C. 5901-5902; hire of 
passenger motor vehicles; services as authorized by 5 U.S.C. 3109; and 
not to exceed $750 for official reception and representation expenses; 
$24,275,000: Provided, That during the current fiscal year, the 
President may exempt this appropriation from the provisions of 31 
U.S.C. 1341, whenever the President deems such action to be necessary 
in the interest of national defense: Provided further, That none of the 
funds appropriated by this Act may be expended for or in connection 
with the induction of any person into the Armed Forces of the United 
States.

                     Small Business Administration

                         salaries and expenses

    For necessary expenses, not otherwise provided for, of the Small 
Business Administration as authorized by Public Law 108-447, including 
hire of passenger motor vehicles as authorized by 31 U.S.C. 1343 and 
1344, and not to exceed $3,500 for official reception and 
representation expenses, $433,438,000: Provided, That the Administrator 
is authorized to charge fees to cover the cost of publications 
developed by the Small Business Administration, and certain loan 
program activities, including fees authorized by section 5(b) of the 
Small Business Act: Provided further, That, notwithstanding 31 U.S.C. 
3302, revenues received from all such activities shall be credited to 
this account, to remain available until expended, for carrying out 
these purposes without further appropriations: Provided further, That 
$113,000,000 shall be available to fund grants for performance in 
fiscal year 2010 or fiscal year 2011 as authorized by section 21 of the 
Small Business Act, of which $1,000,000 shall be for the Veterans 
Assistance and Services Program authorized by section 21(n) of the 
Small Business Act, as added by section 107 of Public Law 110-186, and 
of which $1,000,000 shall be for the Small Business Energy Efficiency 
Program authorized by section 1203(c) of Public Law 110-140: Provided 
further, That $22,000,000 shall remain available until September 30, 
2011 for marketing, management, and technical assistance under section 
7(m) of the Small Business Act (15 U.S.C. 636(m)(4)) by intermediaries 
that make microloans under the microloan program: Provided further, 
That during fiscal year 2010, the applicable percentage under section 
7(m)(4)(A) of the Small Business Act shall be 50 percent: Provided 
further, That $11,690,500 shall be available for the Loan Modernization 
and Accounting System, to be available until September 30, 2011: 
Provided further, That $2,000,000 shall be for the Federal and State 
Technology Partnership Program under section 34 of the Small Business 
Act (15 U.S.C. 657d).

                      office of inspector general

    For necessary expenses of the Office of Inspector General in 
carrying out the provisions of the Inspector General Act of 1978, 
$16,300,000.

                 surety bond guarantees revolving fund

    For additional capital for the Surety Bond Guarantees Revolving 
Fund, authorized by the Small Business Investment Act of 1958, 
$1,000,000, to remain available until expended.

                     business loans program account

                     (including transfer of funds)

    For the cost of direct loans, $3,000,000, to remain available until 
expended, and for the cost of guaranteed loans as authorized by section 
7(a) of the Small Business Act, $80,000,000, to remain available until 
expended: Provided, That such costs, including the cost of modifying 
such loans, shall be as defined in section 502 of the Congressional 
Budget Act of 1974: Provided further, That subject to section 502 of 
the Congressional Budget Act of 1974, during fiscal year 2010 
commitments to guarantee loans under section 503 of the Small Business 
Investment Act of 1958 shall not exceed $7,500,000,000: Provided 
further, That during fiscal year 2010 commitments for general business 
loans authorized under section 7(a) of the Small Business Act shall not 
exceed $17,500,000,000:  Provided further, That during fiscal year 2010 
commitments to guarantee loans for debentures under section 303(b) of 
the Small Business Investment Act of 1958, shall not exceed 
$3,000,000,000: Provided further, That during fiscal year 2010, 
guarantees of trust certificates authorized by section 5(g) of the 
Small Business Act shall not exceed a principal amount of 
$12,000,000,000. In addition, for administrative expenses to carry out 
the direct and guaranteed loan programs, $153,000,000, which may be 
transferred to and merged with the appropriations for Salaries and 
Expenses.

                     disaster loans program account

                     (including transfers of funds)

    For the cost of guaranteed loans, including the cost of modifying 
such loans as defined in section 502 of the Congressional Budget Act of 
1974, $1,690,000, to remain available until expended, of which $352,357 
is for loan guarantees as authorized by section 42 of the Small 
Business Act, and $1,337,643 is for loan guarantees as authorized by 
section 12085 of Public Law 110-246.
    In addition, for administrative expenses to carry out the direct 
loan program authorized by section 7(b) of the Small Business Act and 
the guaranteed loan programs authorized by section 42 of the Small 
Business Act and section 12085 of Public Law 110-246, $76,588,200, to 
be available until expended, of which $1,000,000 is for the Office of 
Inspector General of the Small Business Administration for audits and 
reviews of disaster loans and the disaster loan programs and shall be 
transferred to and merged with the appropriations for the Office of 
Inspector General; of which $65,278,200 is for direct administrative 
expenses of loan making and servicing to carry out the direct loan 
program, which may be transferred to and merged with the appropriations 
for Salaries and Expenses; of which $9,000,000 is for indirect 
administrative expenses for the direct loan program, which may be 
transferred to and merged with the appropriations for Salaries and 
Expenses, and of which $1,310,000 is for administrative expenses to 
carry out the guaranteed loan programs, which may be transferred to and 
merged with the appropriations for Salaries and Expenses.

        administrative provisions--small business administration

                     (including transfer of funds)

    Sec. 520.  Not to exceed 5 percent of any appropriation made 
available for the current fiscal year for the Small Business 
Administration in this Act may be transferred between such 
appropriations, but no such appropriation shall be increased by more 
than 10 percent by any such transfers: Provided, That any transfer 
pursuant to this paragraph shall be treated as a reprogramming of funds 
under section 608 of this Act and shall not be available for obligation 
or expenditure except in compliance with the procedures set forth in 
that section.
    Sec. 521.  All disaster loans issued in Alaska or North Dakota 
shall be administered by the Small Business Administration and shall 
not be sold during fiscal year 2010.
    Sec. 522.  Funds made available under section 525 of Public Law 
111-8 for the Jackie Joyner-Kersee Center shall be made available to 
the Illinois Institute of Independent Colleges and Universities.
    Sec. 523.  For an additional amount under the heading ``Small 
Business Administration--Salaries and Expenses'', $59,000,000, to 
remain available until September 30, 2011, which shall be for 
initiatives related to small business development and entrepreneurship, 
including programmatic and construction activities, in the amounts and 
for the projects specified in the table that appears under the heading 
``Administrative Provisions--Small Business Administration'' in the 
statement of managers to accompany this Act.

                      United States Postal Service

                   payment to the postal service fund

    For payment to the Postal Service Fund for revenue forgone on free 
and reduced rate mail, pursuant to subsections (c) and (d) of section 
2401 of title 39, United States Code, $118,328,000, of which 
$89,328,000 shall not be available for obligation until October 1, 
2010: Provided, That mail for overseas voting and mail for the blind 
shall continue to be free: Provided further, That 6-day delivery and 
rural delivery of mail shall continue at not less than the 1983 level: 
Provided further, That none of the funds made available to the Postal 
Service by this Act shall be used to implement any rule, regulation, or 
policy of charging any officer or employee of any State or local child 
support enforcement agency, or any individual participating in a State 
or local program of child support enforcement, a fee for information 
requested or provided concerning an address of a postal customer: 
Provided further, That none of the funds provided in this Act shall be 
used to consolidate or close small rural and other small post offices 
in fiscal year 2010.

                      office of inspector general

                         salaries and expenses

                     (including transfer of funds)

    For necessary expenses of the Office of Inspector General in 
carrying out the provisions of the Inspector General Act of 1978, 
$244,397,000, to be derived by transfer from the Postal Service Fund 
and expended as authorized by section 603(b)(3) of the Postal 
Accountability and Enhancement Act (Public Law 109-435).

                        United States Tax Court

                         salaries and expenses

    For necessary expenses, including contract reporting and other 
services as authorized by 5 U.S.C. 3109, $49,241,000: Provided, That 
travel expenses of the judges shall be paid upon the written 
certificate of the judge.

                                TITLE VI

                      GENERAL PROVISIONS--THIS ACT

    Sec. 601.  None of the funds in this Act shall be used for the 
planning or execution of any program to pay the expenses of, or 
otherwise compensate, non-Federal parties intervening in regulatory or 
adjudicatory proceedings funded in this Act.
    Sec. 602.  None of the funds appropriated in this Act shall remain 
available for obligation beyond the current fiscal year, nor may any be 
transferred to other appropriations, unless expressly so provided 
herein.
    Sec. 603.  The expenditure of any appropriation under this Act for 
any consulting service through procurement contract pursuant to 5 
U.S.C. 3109, shall be limited to those contracts where such 
expenditures are a matter of public record and available for public 
inspection, except where otherwise provided under existing law, or 
under existing Executive order issued pursuant to existing law.
    Sec. 604.  None of the funds made available in this Act may be 
transferred to any department, agency, or instrumentality of the United 
States Government, except pursuant to a transfer made by, or transfer 
authority provided in, this Act or any other appropriations Act.
    Sec. 605.  None of the funds made available by this Act shall be 
available for any activity or for paying the salary of any Government 
employee where funding an activity or paying a salary to a Government 
employee would result in a decision, determination, rule, regulation, 
or policy that would prohibit the enforcement of section 307 of the 
Tariff Act of 1930 (19 U.S.C. 1307).
    Sec. 606.  No funds appropriated pursuant to this Act may be 
expended by an entity unless the entity agrees that in expending the 
assistance the entity will comply with the Buy American Act (41 U.S.C. 
10a-10c).
    Sec. 607.  No funds appropriated or otherwise made available under 
this Act shall be made available to any person or entity that has been 
convicted of violating the Buy American Act (41 U.S.C. 10a-10c).
    Sec. 608.  Except as otherwise provided in this Act, none of the 
funds provided in this Act, provided by previous appropriations Acts to 
the agencies or entities funded in this Act that remain available for 
obligation or expenditure in fiscal year 2010, or provided from any 
accounts in the Treasury derived by the collection of fees and 
available to the agencies funded by this Act, shall be available for 
obligation or expenditure through a reprogramming of funds that: (1) 
creates a new program; (2) eliminates a program, project, or activity; 
(3) increases funds or personnel for any program, project, or activity 
for which funds have been denied or restricted by the Congress; (4) 
proposes to use funds directed for a specific activity by the Committee 
on Appropriations of either the House of Representatives or the Senate 
for a different purpose; (5) augments existing programs, projects, or 
activities in excess of $5,000,000 or 10 percent, whichever is less; 
(6) reduces existing programs, projects, or activities by $5,000,000 or 
10 percent, whichever is less; or (7) creates or reorganizes offices, 
programs, or activities unless prior approval is received from the 
Committees on Appropriations of the House of Representatives and the 
Senate: Provided, That prior to any significant reorganization or 
restructuring of offices, programs, or activities, each agency or 
entity funded in this Act shall consult with the Committees on 
Appropriations of the House of Representatives and the Senate: Provided 
further, That not later than 60 days after the date of enactment of 
this Act, each agency funded by this Act shall submit a report to the 
Committees on Appropriations of the House of Representatives and the 
Senate to establish the baseline for application of reprogramming and 
transfer authorities for the current fiscal year: Provided further, 
That the report shall include: (1) a table for each appropriation with 
a separate column to display the President's budget request, 
adjustments made by Congress, adjustments due to enacted rescissions, 
if appropriate, and the fiscal year enacted level; (2) a delineation in 
the table for each appropriation both by object class and program, 
project, and activity as detailed in the budget appendix for the 
respective appropriation; and (3) an identification of items of special 
congressional interest: Provided further, That the amount appropriated 
or limited for salaries and expenses for an agency shall be reduced by 
$100,000 per day for each day after the required date that the report 
has not been submitted to the Congress.
    Sec. 609.  Except as otherwise specifically provided by law, not to 
exceed 50 percent of unobligated balances remaining available at the 
end of fiscal year 2010 from appropriations made available for salaries 
and expenses for fiscal year 2010 in this Act, shall remain available 
through September 30, 2011, for each such account for the purposes 
authorized: Provided, That a request shall be submitted to the 
Committees on Appropriations of the House of Representatives and the 
Senate for approval prior to the expenditure of such funds: Provided 
further, That these requests shall be made in compliance with 
reprogramming guidelines.
    Sec. 610.  None of the funds made available in this Act may be used 
by the Executive Office of the President to request from the Federal 
Bureau of Investigation any official background investigation report on 
any individual, except when--
        (1) such individual has given his or her express written 
    consent for such request not more than 6 months prior to the date 
    of such request and during the same presidential administration; or
        (2) such request is required due to extraordinary circumstances 
    involving national security.
    Sec. 611.  The cost accounting standards promulgated under section 
26 of the Office of Federal Procurement Policy Act (Public Law 93-400; 
41 U.S.C. 422) shall not apply with respect to a contract under the 
Federal Employees Health Benefits Program established under chapter 89 
of title 5, United States Code.
    Sec. 612.  For the purpose of resolving litigation and implementing 
any settlement agreements regarding the nonforeign area cost-of-living 
allowance program, the Office of Personnel Management may accept and 
utilize (without regard to any restriction on unanticipated travel 
expenses imposed in an Appropriations Act) funds made available to the 
Office of Personnel Management pursuant to court approval.
    Sec. 613.  No funds appropriated by this Act shall be available to 
pay for an abortion, or the administrative expenses in connection with 
any health plan under the Federal employees health benefits program 
which provides any benefits or coverage for abortions.
    Sec. 614.  The provision of section 613 shall not apply where the 
life of the mother would be endangered if the fetus were carried to 
term, or the pregnancy is the result of an act of rape or incest.
    Sec. 615.  In order to promote Government access to commercial 
information technology, the restriction on purchasing nondomestic 
articles, materials, and supplies set forth in the Buy American Act (41 
U.S.C. 10a et seq.), shall not apply to the acquisition by the Federal 
Government of information technology (as defined in section 11101 of 
title 40, United States Code), that is a commercial item (as defined in 
section 4(12) of the Office of Federal Procurement Policy Act (41 
U.S.C. 403(12)).
    Sec. 616.  Notwithstanding section 1353 of title 31, United States 
Code, no officer or employee of any regulatory agency or commission 
funded by this Act may accept on behalf of that agency, nor may such 
agency or commission accept, payment or reimbursement from a non-
Federal entity for travel, subsistence, or related expenses for the 
purpose of enabling an officer or employee to attend and participate in 
any meeting or similar function relating to the official duties of the 
officer or employee when the entity offering payment or reimbursement 
is a person or entity subject to regulation by such agency or 
commission, or represents a person or entity subject to regulation by 
such agency or commission, unless the person or entity is an 
organization described in section 501(c)(3) of the Internal Revenue 
Code of 1986 and exempt from tax under section 501(a) of such Code.
    Sec. 617.  The Public Company Accounting Oversight Board shall have 
authority to obligate funds for the scholarship program established by 
section 109(c)(2) of the Sarbanes-Oxley Act of 2002 (Public Law 107-
204) in an aggregate amount not exceeding the amount of funds collected 
by the Board as of December 31, 2009, including accrued interest, as a 
result of the assessment of monetary penalties. Funds available for 
obligation in fiscal year 2010 shall remain available until expended.
    Sec. 618.  From the unobligated balances of prior year 
appropriations made available for the Privacy and Civil Liberties 
Oversight Board, $1,500,000 are rescinded.
    Sec. 619.  During fiscal year 2010, for purposes of section 
908(b)(1) of the Trade Sanctions Reform and Export Enhancement Act of 
2000 (22 U.S.C. 7207(b)(1)), the term ``payment of cash in advance'' 
shall be interpreted as payment before the transfer of title to, and 
control of, the exported items to the Cuban purchaser.
    Sec. 620. (a) Section 101(a)(1) of the Federal and District of 
Columbia Government Real Property Act of 2006 (Public Law 109-396; 120 
Stat. 2711) is amended to read as follows:
        ``(1) In general.--
            ``(A) U.S. reservation 13.--On the date on which the 
        District of Columbia conveys to the Administrator of General 
        Services all right, title, and interest of the District of 
        Columbia in the property described in subsection (c), the 
        Administrator shall convey to the District of Columbia all 
        right, title, and interest of the United States in U.S. 
        Reservation 13, subject to the conditions described in 
        subsection (b).
            ``(B) Old naval hospital.--Not later than 60 days after the 
        date of the enactment of the Financial Services and General 
        Government Appropriations Act, 2010, the Administrator shall 
        convey to the District of Columbia all right, title, and 
        interest of the United States in Old Naval Hospital.''.
    (b) The amendment made by subsection (a) shall take effect as if 
included in the enactment of the Federal and District of Columbia 
Government Real Property Act of 2006.
    Sec. 621.  Notwithstanding section 708 of this Act, funds made 
available to the Commodity Futures Trading Commission and the 
Securities and Exchange Commission by this or any other Act may be used 
for the interagency funding and sponsorship of a joint advisory 
committee to advise on emerging regulatory issues.
    Sec. 622.  Specific projects contained in the report of the 
Committee on Appropriations of the House of Representatives 
accompanying this Act (H. Rept. 111-202) that are considered 
congressional earmarks for purposes of clause 9 of rule XXI of the 
Rules of the House of Representatives, when intended to be awarded to a 
for-profit entity, shall be awarded under a full and open competition.

                               TITLE VII

                  GENERAL PROVISIONS--GOVERNMENT-WIDE

                Departments, Agencies, and Corporations

    Sec. 701.  No department, agency, or instrumentality of the United 
States receiving appropriated funds under this or any other Act for 
fiscal year 2010 shall obligate or expend any such funds, unless such 
department, agency, or instrumentality has in place, and will continue 
to administer in good faith, a written policy designed to ensure that 
all of its workplaces are free from the illegal use, possession, or 
distribution of controlled substances (as defined in the Controlled 
Substances Act (21 U.S.C. 802)) by the officers and employees of such 
department, agency, or instrumentality.
    Sec. 702.  Unless otherwise specifically provided, the maximum 
amount allowable during the current fiscal year in accordance with 
section 16 of the Act of August 2, 1946 (60 Stat. 810), for the 
purchase of any passenger motor vehicle (exclusive of buses, 
ambulances, law enforcement, and undercover surveillance vehicles), is 
hereby fixed at $13,197 except station wagons for which the maximum 
shall be $13,631: Provided, That these limits may be exceeded by not to 
exceed $3,700 for police-type vehicles, and by not to exceed $4,000 for 
special heavy-duty vehicles: Provided further, That the limits set 
forth in this section may not be exceeded by more than 5 percent for 
electric or hybrid vehicles purchased for demonstration under the 
provisions of the Electric and Hybrid Vehicle Research, Development, 
and Demonstration Act of 1976: Provided further, That the limits set 
forth in this section may be exceeded by the incremental cost of clean 
alternative fuels vehicles acquired pursuant to Public Law 101-549 over 
the cost of comparable conventionally fueled vehicles.
    Sec. 703.  Appropriations of the executive departments and 
independent establishments for the current fiscal year available for 
expenses of travel, or for the expenses of the activity concerned, are 
hereby made available for quarters allowances and cost-of-living 
allowances, in accordance with 5 U.S.C. 5922-5924.
    Sec. 704.  Unless otherwise specified during the current fiscal 
year, no part of any appropriation contained in this or any other Act 
shall be used to pay the compensation of any officer or employee of the 
Government of the United States (including any agency the majority of 
the stock of which is owned by the Government of the United States) 
whose post of duty is in the continental United States unless such 
person: (1) is a citizen of the United States; (2) is a person who is 
lawfully admitted for permanent residence and is seeking citizenship as 
outlined in 8 U.S.C. 1324b(a)(3)(B); (3) is a person who is admitted as 
a refugee under 8 U.S.C. 1157 or is granted asylum under 8 U.S.C. 1158 
and has filed a declaration of intention to become a lawful permanent 
resident and then a citizen when eligible; or (4) is a person who owes 
allegiance to the United States: Provided, That for purposes of this 
section, affidavits signed by any such person shall be considered prima 
facie evidence that the requirements of this section with respect to 
his or her status are being complied with: Provided further, That any 
person making a false affidavit shall be guilty of a felony, and upon 
conviction, shall be fined no more than $4,000 or imprisoned for not 
more than 1 year, or both: Provided further, That the above penal 
clause shall be in addition to, and not in substitution for, any other 
provisions of existing law: Provided further, That any payment made to 
any officer or employee contrary to the provisions of this section 
shall be recoverable in action by the Federal Government: Provided 
further, That this section shall not apply to any person who is an 
officer or employee of the Government of the United States on the date 
of enactment of this Act, or to international broadcasters employed by 
the Broadcasting Board of Governors, or to temporary employment of 
translators, or to temporary employment in the field service (not to 
exceed 60 days) as a result of emergencies: Provided further, That this 
section does not apply to the employment as Wildland firefighters for 
not more than 120 days of nonresident aliens employed by the Department 
of the Interior or the USDA Forest Service pursuant to an agreement 
with another country.
    Sec. 705.  Appropriations available to any department or agency 
during the current fiscal year for necessary expenses, including 
maintenance or operating expenses, shall also be available for payment 
to the General Services Administration for charges for space and 
services and those expenses of renovation and alteration of buildings 
and facilities which constitute public improvements performed in 
accordance with the Public Buildings Act of 1959 (73 Stat. 479), the 
Public Buildings Amendments of 1972 (86 Stat. 216), or other applicable 
law.
    Sec. 706.  In addition to funds provided in this or any other Act, 
all Federal agencies are authorized to receive and use funds resulting 
from the sale of materials, including Federal records disposed of 
pursuant to a records schedule recovered through recycling or waste 
prevention programs. Such funds shall be available until expended for 
the following purposes:
        (1) Acquisition, waste reduction and prevention, and recycling 
    programs as described in Executive Order No. 13423 (January 24, 
    2007), including any such programs adopted prior to the effective 
    date of the Executive order.
        (2) Other Federal agency environmental management programs, 
    including, but not limited to, the development and implementation 
    of hazardous waste management and pollution prevention programs.
        (3) Other employee programs as authorized by law or as deemed 
    appropriate by the head of the Federal agency.
    Sec. 707.  Funds made available by this or any other Act for 
administrative expenses in the current fiscal year of the corporations 
and agencies subject to chapter 91 of title 31, United States Code, 
shall be available, in addition to objects for which such funds are 
otherwise available, for rent in the District of Columbia; services in 
accordance with 5 U.S.C. 3109; and the objects specified under this 
head, all the provisions of which shall be applicable to the 
expenditure of such funds unless otherwise specified in the Act by 
which they are made available: Provided, That in the event any 
functions budgeted as administrative expenses are subsequently 
transferred to or paid from other funds, the limitations on 
administrative expenses shall be correspondingly reduced.
    Sec. 708.  No part of any appropriation contained in this or any 
other Act shall be available for interagency financing of boards 
(except Federal Executive Boards), commissions, councils, committees, 
or similar groups (whether or not they are interagency entities) which 
do not have a prior and specific statutory approval to receive 
financial support from more than one agency or instrumentality.
    Sec. 709.  None of the funds made available pursuant to the 
provisions of this Act shall be used to implement, administer, or 
enforce any regulation which has been disapproved pursuant to a joint 
resolution duly adopted in accordance with the applicable law of the 
United States.
    Sec. 710. (a) Notwithstanding any other provision of law, and 
except as otherwise provided in this section, no part of any of the 
funds appropriated for fiscal year 2010, by this or any other Act, may 
be used to pay any prevailing rate employee described in section 
5342(a)(2)(A) of title 5, United States Code--
        (1) during the period from the date of expiration of the 
    limitation imposed by the comparable section for previous fiscal 
    years until the normal effective date of the applicable wage survey 
    adjustment that is to take effect in fiscal year 2010, in an amount 
    that exceeds the rate payable for the applicable grade and step of 
    the applicable wage schedule in accordance with such section; and
        (2) during the period consisting of the remainder of fiscal 
    year 2010, in an amount that exceeds, as a result of a wage survey 
    adjustment, the rate payable under paragraph (1) by more than the 
    sum of--
            (A) the percentage adjustment taking effect in fiscal year 
        2010 under section 5303 of title 5, United States Code, in the 
        rates of pay under the General Schedule; and
            (B) the difference between the overall average percentage 
        of the locality-based comparability payments taking effect in 
        fiscal year 2010 under section 5304 of such title (whether by 
        adjustment or otherwise), and the overall average percentage of 
        such payments which was effective in the previous fiscal year 
        under such section.
    (b) Notwithstanding any other provision of law, no prevailing rate 
employee described in subparagraph (B) or (C) of section 5342(a)(2) of 
title 5, United States Code, and no employee covered by section 5348 of 
such title, may be paid during the periods for which subsection (a) is 
in effect at a rate that exceeds the rates that would be payable under 
subsection (a) were subsection (a) applicable to such employee.
    (c) For the purposes of this section, the rates payable to an 
employee who is covered by this section and who is paid from a schedule 
not in existence on September 30, 2009, shall be determined under 
regulations prescribed by the Office of Personnel Management.
    (d) Notwithstanding any other provision of law, rates of premium 
pay for employees subject to this section may not be changed from the 
rates in effect on September 30, 2009, except to the extent determined 
by the Office of Personnel Management to be consistent with the purpose 
of this section.
    (e) This section shall apply with respect to pay for service 
performed after September 30, 2009.
    (f) For the purpose of administering any provision of law 
(including any rule or regulation that provides premium pay, 
retirement, life insurance, or any other employee benefit) that 
requires any deduction or contribution, or that imposes any requirement 
or limitation on the basis of a rate of salary or basic pay, the rate 
of salary or basic pay payable after the application of this section 
shall be treated as the rate of salary or basic pay.
    (g) Nothing in this section shall be considered to permit or 
require the payment to any employee covered by this section at a rate 
in excess of the rate that would be payable were this section not in 
effect.
    (h) The Office of Personnel Management may provide for exceptions 
to the limitations imposed by this section if the Office determines 
that such exceptions are necessary to ensure the recruitment or 
retention of qualified employees.
    Sec. 711.  During the period in which the head of any department or 
agency, or any other officer or civilian employee of the Federal 
Government appointed by the President of the United States, holds 
office, no funds may be obligated or expended in excess of $5,000 to 
furnish or redecorate the office of such department head, agency head, 
officer, or employee, or to purchase furniture or make improvements for 
any such office, unless advance notice of such furnishing or 
redecoration is transmitted to the Committees on Appropriations of the 
House of Representatives and the Senate. For the purposes of this 
section, the term ``office'' shall include the entire suite of offices 
assigned to the individual, as well as any other space used primarily 
by the individual or the use of which is directly controlled by the 
individual.
    Sec. 712.  Notwithstanding section 31 U.S.C. 1346, or section 708 
of this Act, funds made available for the current fiscal year by this 
or any other Act shall be available for the interagency funding of 
national security and emergency preparedness telecommunications 
initiatives which benefit multiple Federal departments, agencies, or 
entities, as provided by Executive Order No. 12472 (April 3, 1984).
    Sec. 713. (a) None of the funds appropriated by this or any other 
Act may be obligated or expended by any Federal department, agency, or 
other instrumentality for the salaries or expenses of any employee 
appointed to a position of a confidential or policy-determining 
character excepted from the competitive service pursuant to 5 U.S.C. 
3302, without a certification to the Office of Personnel Management 
from the head of the Federal department, agency, or other 
instrumentality employing the Schedule C appointee that the Schedule C 
position was not created solely or primarily in order to detail the 
employee to the White House.
    (b) The provisions of this section shall not apply to Federal 
employees or members of the armed forces detailed to or from--
        (1) the Central Intelligence Agency;
        (2) the National Security Agency;
        (3) the Defense Intelligence Agency;
        (4) the National Geospatial-Intelligence Agency;
        (5) the offices within the Department of Defense for the 
    collection of specialized national foreign intelligence through 
    reconnaissance programs;
        (6) the Bureau of Intelligence and Research of the Department 
    of State;
        (7) any agency, office, or unit of the Army, Navy, Air Force, 
    and Marine Corps, the Department of Homeland Security, the Federal 
    Bureau of Investigation and the Drug Enforcement Administration of 
    the Department of Justice, the Department of Transportation, the 
    Department of the Treasury, and the Department of Energy performing 
    intelligence functions; and
        (8) the Director of National Intelligence or the Office of the 
    Director of National Intelligence.
    Sec. 714.  No part of any appropriation contained in this or any 
other Act shall be available for the payment of the salary of any 
officer or employee of the Federal Government, who--
        (1) prohibits or prevents, or attempts or threatens to prohibit 
    or prevent, any other officer or employee of the Federal Government 
    from having any direct oral or written communication or contact 
    with any Member, committee, or subcommittee of the Congress in 
    connection with any matter pertaining to the employment of such 
    other officer or employee or pertaining to the department or agency 
    of such other officer or employee in any way, irrespective of 
    whether such communication or contact is at the initiative of such 
    other officer or employee or in response to the request or inquiry 
    of such Member, committee, or subcommittee; or
        (2) removes, suspends from duty without pay, demotes, reduces 
    in rank, seniority, status, pay, or performance or efficiency 
    rating, denies promotion to, relocates, reassigns, transfers, 
    disciplines, or discriminates in regard to any employment right, 
    entitlement, or benefit, or any term or condition of employment of, 
    any other officer or employee of the Federal Government, or 
    attempts or threatens to commit any of the foregoing actions with 
    respect to such other officer or employee, by reason of any 
    communication or contact of such other officer or employee with any 
    Member, committee, or subcommittee of the Congress as described in 
    paragraph (1).
    Sec. 715. (a) None of the funds made available in this or any other 
Act may be obligated or expended for any employee training that--
        (1) does not meet identified needs for knowledge, skills, and 
    abilities bearing directly upon the performance of official duties;
        (2) contains elements likely to induce high levels of emotional 
    response or psychological stress in some participants;
        (3) does not require prior employee notification of the content 
    and methods to be used in the training and written end of course 
    evaluation;
        (4) contains any methods or content associated with religious 
    or quasi-religious belief systems or ``new age'' belief systems as 
    defined in Equal Employment Opportunity Commission Notice N-
    915.022, dated September 2, 1988; or
        (5) is offensive to, or designed to change, participants--
    personal values or lifestyle outside the workplace.
    (b) Nothing in this section shall prohibit, restrict, or otherwise 
preclude an agency from conducting training bearing directly upon the 
performance of official duties.
    Sec. 716.  No funds appropriated in this or any other Act may be 
used to implement or enforce the agreements in Standard Forms 312 and 
4414 of the Government or any other nondisclosure policy, form, or 
agreement if such policy, form, or agreement does not contain the 
following provisions: ``These restrictions are consistent with and do 
not supersede, conflict with, or otherwise alter the employee 
obligations, rights, or liabilities created by Executive Order No. 
12958; section 7211 of title 5, United States Code (governing 
disclosures to Congress); section 1034 of title 10, United States Code, 
as amended by the Military Whistleblower Protection Act (governing 
disclosure to Congress by members of the military); section 2302(b)(8) 
of title 5, United States Code, as amended by the Whistleblower 
Protection Act of 1989 (governing disclosures of illegality, waste, 
fraud, abuse or public health or safety threats); the Intelligence 
Identities Protection Act of 1982 (50 U.S.C. 421 et seq.) (governing 
disclosures that could expose confidential Government agents); and the 
statutes which protect against disclosure that may compromise the 
national security, including sections 641, 793, 794, 798, and 952 of 
title 18, United States Code, and section 4(b) of the Subversive 
Activities Act of 1950 (50 U.S.C. 783(b)). The definitions, 
requirements, obligations, rights, sanctions, and liabilities created 
by said Executive order and listed statutes are incorporated into this 
agreement and are controlling.'': Provided, That notwithstanding the 
preceding paragraph, a nondisclosure policy form or agreement that is 
to be executed by a person connected with the conduct of an 
intelligence or intelligence-related activity, other than an employee 
or officer of the United States Government, may contain provisions 
appropriate to the particular activity for which such document is to be 
used. Such form or agreement shall, at a minimum, require that the 
person will not disclose any classified information received in the 
course of such activity unless specifically authorized to do so by the 
United States Government. Such nondisclosure forms shall also make it 
clear that they do not bar disclosures to Congress, or to an authorized 
official of an executive agency or the Department of Justice, that are 
essential to reporting a substantial violation of law.
    Sec. 717.  No part of any funds appropriated in this or any other 
Act shall be used by an agency of the executive branch, other than for 
normal and recognized executive-legislative relationships, for 
publicity or propaganda purposes, and for the preparation, distribution 
or use of any kit, pamphlet, booklet, publication, radio, television, 
or film presentation designed to support or defeat legislation pending 
before the Congress, except in presentation to the Congress itself.
    Sec. 718.  None of the funds appropriated by this or any other Act 
may be used by an agency to provide a Federal employee's home address 
to any labor organization except when the employee has authorized such 
disclosure or when such disclosure has been ordered by a court of 
competent jurisdiction.
    Sec. 719.  None of the funds made available in this Act or any 
other Act may be used to provide any non-public information such as 
mailing or telephone lists to any person or any organization outside of 
the Federal Government without the approval of the Committees on 
Appropriations of the House of Representatives and the Senate.
    Sec. 720.  No part of any appropriation contained in this or any 
other Act shall be used directly or indirectly, including by private 
contractor, for publicity or propaganda purposes within the United 
States not heretofore authorized by the Congress.
    Sec. 721. (a) In this section, the term ``agency''--
        (1) means an Executive agency, as defined under 5 U.S.C. 105;
        (2) includes a military department, as defined under section 
    102 of such title, the Postal Service, and the Postal Regulatory 
    Commission; and
        (3) shall not include the Government Accountability Office.
    (b) Unless authorized in accordance with law or regulations to use 
such time for other purposes, an employee of an agency shall use 
official time in an honest effort to perform official duties. An 
employee not under a leave system, including a Presidential appointee 
exempted under 5 U.S.C. 6301(2), has an obligation to expend an honest 
effort and a reasonable proportion of such employee's time in the 
performance of official duties.
    Sec. 722.  Notwithstanding 31 U.S.C. 1346 and section 708 of this 
Act, funds made available for the current fiscal year by this or any 
other Act to any department or agency, which is a member of the Federal 
Accounting Standards Advisory Board (FASAB), shall be available to 
finance an appropriate share of FASAB administrative costs.

                          (transfer of funds)

    Sec. 723.  Notwithstanding 31 U.S.C. 1346 and section 708 of this 
Act, the head of each Executive department and agency is hereby 
authorized to transfer to or reimburse ``General Services 
Administration, Government-wide Policy'' with the approval of the 
Director of the Office of Management and Budget, funds made available 
for the current fiscal year by this or any other Act, including rebates 
from charge card and other contracts: Provided, That these funds shall 
be administered by the Administrator of General Services to support 
Government-wide financial, information technology, procurement, and 
other management innovations, initiatives, and activities, as approved 
by the Director of the Office of Management and Budget, in consultation 
with the appropriate interagency groups designated by the Director 
(including the President's Management Council for overall management 
improvement initiatives, the Chief Financial Officers Council for 
financial management initiatives, the Chief Information Officers 
Council for information technology initiatives, the Chief Human Capital 
Officers Council for human capital initiatives, the Chief Acquisition 
Officers Council for procurement initiatives, and the Performance 
Improvement Council for performance improvement initiatives): Provided 
further, That the total funds transferred or reimbursed shall not 
exceed $17,000,000: Provided further, That such transfers or 
reimbursements may only be made after 15 days following notification of 
the Committees on Appropriations by the Director of the Office of 
Management and Budget.
    Sec. 724.  Notwithstanding any other provision of law, a woman may 
breastfeed her child at any location in a Federal building or on 
Federal property, if the woman and her child are otherwise authorized 
to be present at the location.
    Sec. 725.  Notwithstanding 31 U.S.C. 1346, or section 708 of this 
Act, funds made available for the current fiscal year by this or any 
other Act shall be available for the interagency funding of specific 
projects, workshops, studies, and similar efforts to carry out the 
purposes of the National Science and Technology Council (authorized by 
Executive Order No. 12881), which benefit multiple Federal departments, 
agencies, or entities: Provided, That the Office of Management and 
Budget shall provide a report describing the budget of and resources 
connected with the National Science and Technology Council to the 
Committees on Appropriations, the House Committee on Science and 
Technology, and the Senate Committee on Commerce, Science, and 
Transportation 90 days after enactment of this Act.
    Sec. 726.  Any request for proposals, solicitation, grant 
application, form, notification, press release, or other publications 
involving the distribution of Federal funds shall indicate the agency 
providing the funds, the Catalog of Federal Domestic Assistance Number, 
as applicable, and the amount provided: Provided, That this provision 
shall apply to direct payments, formula funds, and grants received by a 
State receiving Federal funds.
    Sec. 727. (a) Prohibition of Federal Agency Monitoring of 
Individuals' Internet Use.--None of the funds made available in this or 
any other Act may be used by any Federal agency--
        (1) to collect, review, or create any aggregation of data, 
    derived from any means, that includes any personally identifiable 
    information relating to an individual's access to or use of any 
    Federal Government Internet site of the agency; or
        (2) to enter into any agreement with a third party (including 
    another government agency) to collect, review, or obtain any 
    aggregation of data, derived from any means, that includes any 
    personally identifiable information relating to an individual's 
    access to or use of any nongovernmental Internet site.
    (b) Exceptions.--The limitations established in subsection (a) 
shall not apply to--
        (1) any record of aggregate data that does not identify 
    particular persons;
        (2) any voluntary submission of personally identifiable 
    information;
        (3) any action taken for law enforcement, regulatory, or 
    supervisory purposes, in accordance with applicable law; or
        (4) any action described in subsection (a)(1) that is a system 
    security action taken by the operator of an Internet site and is 
    necessarily incident to providing the Internet site services or to 
    protecting the rights or property of the provider of the Internet 
    site.
    (c) Definitions.--For the purposes of this section:
        (1) The term ``regulatory'' means agency actions to implement, 
    interpret or enforce authorities provided in law.
        (2) The term ``supervisory'' means examinations of the agency's 
    supervised institutions, including assessing safety and soundness, 
    overall financial condition, management practices and policies and 
    compliance with applicable standards as provided in law.
    Sec. 728. (a) None of the funds appropriated by this Act may be 
used to enter into or renew a contract which includes a provision 
providing prescription drug coverage, except where the contract also 
includes a provision for contraceptive coverage.
    (b) Nothing in this section shall apply to a contract with--
        (1) any of the following religious plans:
            (A) Personal Care's HMO; and
            (B) OSF HealthPlans, Inc.; and
        (2) any existing or future plan, if the carrier for the plan 
    objects to such coverage on the basis of religious beliefs.
    (c) In implementing this section, any plan that enters into or 
renews a contract under this section may not subject any individual to 
discrimination on the basis that the individual refuses to prescribe or 
otherwise provide for contraceptives because such activities would be 
contrary to the individual's religious beliefs or moral convictions.
    (d) Nothing in this section shall be construed to require coverage 
of abortion or abortion-related services.
    Sec. 729.  The Congress of the United States recognizes the United 
States Anti-Doping Agency (USADA) as the official anti-doping agency 
for Olympic, Pan American, and Paralympic sport in the United States.
    Sec. 730.  Notwithstanding any other provision of law, funds 
appropriated for official travel by Federal departments and agencies 
may be used by such departments and agencies, if consistent with Office 
of Management and Budget Circular A-126 regarding official travel for 
Government personnel, to participate in the fractional aircraft 
ownership pilot program.
    Sec. 731.  Notwithstanding any other provision of law, none of the 
funds appropriated or made available under this Act or any other 
appropriations Act may be used to implement or enforce restrictions or 
limitations on the Coast Guard Congressional Fellowship Program, or to 
implement the proposed regulations of the Office of Personnel 
Management to add sections 300.311 through 300.316 to part 300 of title 
5 of the Code of Federal Regulations, published in the Federal 
Register, volume 68, number 174, on September 9, 2003 (relating to the 
detail of executive branch employees to the legislative branch).
    Sec. 732.  Notwithstanding any other provision of law, no executive 
branch agency shall purchase, construct, and/or lease any additional 
facilities, except within or contiguous to existing locations, to be 
used for the purpose of conducting Federal law enforcement training 
without the advance approval of the Committees on Appropriations of the 
House of Representatives and the Senate, except that the Federal Law 
Enforcement Training Center is authorized to obtain the temporary use 
of additional facilities by lease, contract, or other agreement for 
training which cannot be accommodated in existing Center facilities.
    Sec. 733. (a) For fiscal year 2010, no funds shall be available for 
transfers or reimbursements to the E-Government initiatives sponsored 
by the Office of Management and Budget prior to 15 days following 
submission of a report to the Committees on Appropriations of the House 
of Representatives and the Senate by the Director of the Office of 
Management and Budget and receipt of approval to transfer funds by the 
Committees on Appropriations of the House of Representatives and the 
Senate.
    (b) The report in subsection (a) and other required justification 
materials shall include at a minimum--
        (1) a description of each initiative including but not limited 
    to its objectives, benefits, development status, risks, cost 
    effectiveness (including estimated net costs or savings to the 
    government), and the estimated date of full operational capability;
        (2) the total development cost of each initiative by fiscal 
    year including costs to date, the estimated costs to complete its 
    development to full operational capability, and estimated annual 
    operations and maintenance costs; and
        (3) the sources and distribution of funding by fiscal year and 
    by agency and bureau for each initiative including agency 
    contributions to date and estimated future contributions by agency.
    (c) No funds shall be available for obligation or expenditure for 
new E-Government initiatives without the explicit approval of the 
Committees on Appropriations of the House of Representatives and the 
Senate.
    Sec. 734.  Notwithstanding section 1346 of title 31, United States 
Code, and section 708 of this Act and any other provision of law, the 
head of each appropriate executive department and agency shall transfer 
to or reimburse the Federal Aviation Administration, upon the direction 
of the Director of the Office of Management and Budget, funds made 
available by this or any other Act for the purposes described below, 
and shall submit budget requests for such purposes. These funds shall 
be administered by the Federal Aviation Administration, in consultation 
with the appropriate interagency groups designated by the Director and 
shall be used to ensure the uninterrupted, continuous operation of the 
Midway Atoll Airfield by the Federal Aviation Administration pursuant 
to an operational agreement with the Department of the Interior for the 
entirety of fiscal year 2010 and any period thereafter that precedes 
the enactment of the Financial Services and General Government 
Appropriations Act, 2011. The Director of the Office of Management and 
Budget shall mandate the necessary transfers after determining an 
equitable allocation between the appropriate executive departments and 
agencies of the responsibility for funding the continuous operation of 
the Midway Atoll Airfield based on, but not limited to, potential use, 
interest in maintaining aviation safety, and applicability to 
governmental operations and agency mission. The total funds transferred 
or reimbursed shall not exceed $6,000,000 for any 12-month period. Such 
sums shall be sufficient to ensure continued operation of the airfield 
throughout the period cited above. Funds shall be available for 
operation of the airfield or airfield-related capital upgrades. The 
Director of the Office of Management and Budget shall notify the 
Committees on Appropriations of the House of Representatives and the 
Senate of such transfers or reimbursements within 15 days of this Act. 
Such transfers or reimbursements shall begin within 30 days of 
enactment of this Act.
    Sec. 735.  None of the funds appropriated or otherwise made 
available by this or any other Act may be used to begin or announce a 
study or public-private competition regarding the conversion to 
contractor performance of any function performed by Federal employees 
pursuant to Office of Management and Budget Circular A-76 or any other 
administrative regulation, directive, or policy.
    Sec. 736.  Unless otherwise authorized by existing law, none of the 
funds provided in this Act or any other Act may be used by an executive 
branch agency to produce any prepackaged news story intended for 
broadcast or distribution in the United States, unless the story 
includes a clear notification within the text or audio of the 
prepackaged news story that the prepackaged news story was prepared or 
funded by that executive branch agency.
    Sec. 737.  None of the funds made available in this Act may be used 
in contravention of section 552a of title 5, United States Code 
(popularly known as the Privacy Act) and regulations implementing that 
section.
    Sec. 738.  Each executive department and agency shall evaluate the 
creditworthiness of an individual before issuing the individual a 
government travel charge card. Such evaluations for individually billed 
travel charge cards shall include an assessment of the individual's 
consumer report from a consumer reporting agency as those terms are 
defined in section 603 of the Fair Credit Reporting Act (Public Law 91-
508): Provided, That the department or agency may not issue a 
government travel charge card to an individual that either lacks a 
credit history or is found to have an unsatisfactory credit history as 
a result of this evaluation: Provided further, That this restriction 
shall not preclude issuance of a restricted-use charge, debit, or 
stored value card made in accordance with agency procedures to: (1) an 
individual with an unsatisfactory credit history where such card is 
used to pay travel expenses and the agency determines there is no 
suitable alternative payment mechanism available before issuing the 
card; or (2) an individual who lacks a credit history. Each executive 
department and agency shall establish guidelines and procedures for 
disciplinary actions to be taken against agency personnel for improper, 
fraudulent, or abusive use of government charge cards, which shall 
include appropriate disciplinary actions for use of charge cards for 
purposes, and at establishments, that are inconsistent with the 
official business of the Department or agency or with applicable 
standards of conduct.
    Sec. 739. (a) Definitions.--For purposes of this section the 
following definitions apply:
        (1) Great lakes.--The terms ``Great Lakes'' and ``Great Lakes 
    State'' have the same meanings as such terms have in section 506 of 
    the Water Resources Development Act of 2000 (42 U.S.C. 1962d-22).
        (2) Great lakes restoration activities.--The term ``Great Lakes 
    restoration activities'' means any Federal or State activity 
    primarily or entirely within the Great Lakes watershed that seeks 
    to improve the overall health of the Great Lakes ecosystem.
    (b) Report.--Not later than 45 days after submission of the budget 
of the President to Congress, the Director of the Office of Management 
and Budget, in coordination with the Governor of each Great Lakes State 
and the Great Lakes Interagency Task Force, shall submit to the 
appropriate authorizing and appropriating committees of the Senate and 
the House of Representatives a financial report, certified by the 
Secretary of each agency that has budget authority for Great Lakes 
restoration activities, containing--
        (1) an interagency budget crosscut report that--
            (A) displays the budget proposed, including any planned 
        interagency or intra-agency transfer, for each of the Federal 
        agencies that carries out Great Lakes restoration activities in 
        the upcoming fiscal year, separately reporting the amount of 
        funding to be provided under existing laws pertaining to the 
        Great Lakes ecosystem; and
            (B) identifies all expenditures since fiscal year 2004 by 
        the Federal Government and State governments for Great Lakes 
        restoration activities;
        (2) a detailed accounting of all funds received and obligated 
    by all Federal agencies and, to the extent available, State 
    agencies using Federal funds, for Great Lakes restoration 
    activities during the current and previous fiscal years;
        (3) a budget for the proposed projects (including a description 
    of the project, authorization level, and project status) to be 
    carried out in the upcoming fiscal year with the Federal portion of 
    funds for activities; and
        (4) a listing of all projects to be undertaken in the upcoming 
    fiscal year with the Federal portion of funds for activities.
    Sec. 740. (a) In General.--None of the funds appropriated or 
otherwise made available by this or any other Act may be used for any 
Federal Government contract with any foreign incorporated entity which 
is treated as an inverted domestic corporation under section 835(b) of 
the Homeland Security Act of 2002 (6 U.S.C. 395(b)) or any subsidiary 
of such an entity.
    (b) Waivers.--
        (1) In general.--Any Secretary shall waive subsection (a) with 
    respect to any Federal Government contract under the authority of 
    such Secretary if the Secretary determines that the waiver is 
    required in the interest of national security.
        (2) Report to congress.--Any Secretary issuing a waiver under 
    paragraph (1) shall report such issuance to Congress.
    (c) Exception.--This section shall not apply to any Federal 
Government contract entered into before the date of the enactment of 
this Act, or to any task order issued pursuant to such contract.
    Sec. 741.  None of the funds made available by this or any other 
Act may be used to implement, administer, enforce, or apply the rule 
entitled ``Competitive Area'' published by the Office of Personnel 
Management in the Federal Register on April 15, 2008 (73 Fed. Reg. 
20180 et seq.).
    Sec. 742. (a) Section 748 of the Financial Services and General 
Government Appropriations Act, 2009 (Public Law 111-8, division D) is 
repealed.
    (b) Hereafter, the President may modify or replace Executive Order 
No. 13423 if the President determines that a revised or new executive 
order will achieve equal or better environmental or energy efficiency 
results.
    Sec. 743. (a) Service Contract Inventory Requirement.--
        (1) Guidance.--Not later than March 1, 2010, the Director of 
    the Office of Management and Budget shall develop and disseminate 
    guidance to aid executive agencies in establishing systems for the 
    collection of information required to meet the requirements of this 
    section and to ensure consistency of inventories across agencies.
        (2) Report.--Not later than July 31, 2010, the Director of the 
    Office of Management and Budget shall submit a report to Congress 
    on the status of efforts to enable executive agencies to prepare 
    the inventories required under paragraph (3), including the 
    development, as appropriate, of guidance, methodologies, and 
    technical tools.
        (3) Inventory contents.--Not later than December 31, 2010, and 
    annually thereafter, the head of each executive agency required to 
    submit an inventory in accordance with the Federal Activities 
    Inventory Reform Act of 1998 (Public Law 105-270; 31 U.S.C. 501 
    note), other than the Department of Defense, shall submit to the 
    Office of Management and Budget an annual inventory of service 
    contracts awarded or extended through the exercise of an option on 
    or after April 1, 2010, for or on behalf of such agency. For each 
    service contract, the entry for an inventory under this section 
    shall include, for the preceding fiscal year, the following:
            (A) A description of the services purchased by the 
        executive agency and the role the services played in achieving 
        agency objectives, regardless of whether such a purchase was 
        made through a contract or task order.
            (B) The organizational component of the executive agency 
        administering the contract, and the organizational component of 
        the agency whose requirements are being met through contractor 
        performance of the service.
            (C) The total dollar amount obligated for services under 
        the contract and the funding source for the contract.
            (D) The total dollar amount invoiced for services under the 
        contract.
            (E) The contract type and date of award.
            (F) The name of the contractor and place of performance.
            (G) The number and work location of contractor and 
        subcontractor employees, expressed as full-time equivalents for 
        direct labor, compensated under the contract.
            (H) Whether the contract is a personal services contract.
            (I) Whether the contract was awarded on a noncompetitive 
        basis, regardless of date of award.
    (b) Form.--Reports required under this section shall be submitted 
in unclassified form, but may include a classified annex.
    (c) Publication.--Not later than 30 days after the date on which 
the inventory under subsection (a)(3) is required to be submitted to 
the Office of Management and Budget, the head of each executive agency 
shall--
        (1) make the inventory available to the public; and
        (2) publish in the Federal Register a notice that the inventory 
    is available to the public.
    (d) Government-wide Inventory Report.--Not later than 90 days after 
the deadline for submitting inventories under subsection (a)(3), and 
annually thereafter, the Director of the Office of Management and 
Budget shall submit to Congress and make publicly available on the 
Office of Management and Budget website a report on the inventories 
submitted. The report shall identify whether each agency required to 
submit an inventory under subsection (a)(3) has met such requirement 
and summarize the information submitted by each executive agency 
required to have a Chief Financial Officer pursuant to section 901 of 
title 31, United States Code.
    (e) Review and Planning Requirements.--Not later than 180 days 
after the deadline for submitting inventories under subsection (a)(3) 
for an executive agency, the head of the executive agency, or an 
official designated by the agency head shall--
        (1) review the contracts and information in the inventory;
        (2) ensure that--
            (A) each contract in the inventory that is a personal 
        services contract has been entered into, and is being 
        performed, in accordance with applicable laws and regulations;
            (B) the agency is giving special management attention to 
        functions that are closely associated with inherently 
        governmental functions;
            (C) the agency is not using contractor employees to perform 
        inherently governmental functions;
            (D) the agency has specific safeguards and monitoring 
        systems in place to ensure that work being performed by 
        contractors has not changed or expanded during performance to 
        become an inherently governmental function;
            (E) the agency is not using contractor employees to perform 
        critical functions in such a way that could affect the ability 
        of the agency to maintain control of its mission and 
        operations; and
            (F) there are sufficient internal agency resources to 
        manage and oversee contracts effectively;
        (3) identify contracts that have been poorly performed, as 
    determined by a contracting officer, because of excessive costs or 
    inferior quality; and
        (4) identify contracts that should be considered for conversion 
    to--
            (A) performance by Federal employees of the executive 
        agency in accordance with agency insourcing guidelines required 
        under section 736 of the Financial Services and General 
        Government Appropriations Act, 2009 (Public Law 111-8, division 
        D); or
            (B) an alternative acquisition approach that would better 
        enable the agency to efficiently utilize its assets and achieve 
        its public mission.
    (f) Report on Actions Taken in Response to Annual Inventory.--Not 
later than one year after submitting an annual inventory under 
subsection (a)(3), the head of each executive agency submitting such an 
inventory shall submit to the Office of Management and Budget a report 
summarizing the actions taken pursuant to subsection (e), including any 
actions taken to consider and convert functions from contractor to 
Federal employee performance. The report shall be included as an 
attachment to the next annual inventory and made publicly available in 
accordance with subsection (c).
    (g) Submission of Service Contract Inventory Before Public-private 
Competition.--Notwithstanding any other provision of law, beginning in 
fiscal year 2011, if an executive agency has not submitted to the 
Office of Management and Budget the inventory required under subsection 
(a)(3) for the prior fiscal year, the agency may not begin, plan for, 
or announce a study or public-private competition regarding the 
conversion to contractor performance of any function performed by 
Federal employees pursuant to Office of Management and Budget Circular 
A-76 or any other administrative regulation or directive until such 
time as the inventory is submitted for the prior fiscal year.
    (h) GAO Reports on Implementation.--
        (1) Report on guidance.--Not later than 120 days after 
    submission of the report by the Director of the Office of 
    Management and Budget required under subsection (a)(2), the 
    Comptroller General of the United States shall report on the 
    guidance issued and actions taken by the Director. The report shall 
    be submitted to the Committee on Homeland Security and Governmental 
    Affairs and the Committee on Appropriations of the Senate and the 
    Committee on Oversight and Government Reform and the Committee on 
    Appropriations of the House of Representatives.
        (2) Reports on inventories.--
            (A) Initial inventory.--Not later than September 30, 2011, 
        the Comptroller General of the United States shall submit a 
        report to the Committees named in the preceding paragraph on 
        the initial implementation by executive agencies of the 
        inventory requirement in subsection (a)(3) with respect to 
        inventories required to be submitted by December 31, 2010.
            (B) Second inventory.--Not later than September 30, 2012, 
        the Comptroller General shall submit a report to the same 
        Committees on annual inventories required to be submitted by 
        December 31, 2011.
        (3) Periodic briefings.--The Comptroller General shall provide 
    periodic briefings, as may be requested by the Committees, on 
    matters related to implementation of this section.
    (i) Executive Agency Defined.--In this section, the term 
``executive agency'' has the meaning given the term in section 4 of the 
Office of Federal Procurement Policy Act (41 U.S.C. 403).
    Sec. 744. (a) The adjustment in rates of basic pay for employees 
under the statutory pay systems that takes effect in fiscal year 2010 
under section 5303 of title 5, United States Code, shall be an increase 
of 1.5 percent, and the overall average percentage of the adjustments 
taking effect in such fiscal year under sections 5304-5304a of such 
title 5 shall be an increase of 0.5 percent (with comparability 
payments to be determined and allocated among pay localities by the 
President). Adjustments under the preceding sentence shall also apply 
to civilian employees in the Department of Homeland Security and in the 
Department of Defense. All adjustments under this subsection shall be 
effective as of the first day of the first applicable pay period 
beginning on or after January 1, 2010.
    (b) Notwithstanding section 710, the adjustment in rates of basic 
pay for the statutory pay systems that take place in fiscal year 2010 
under sections 5344 and 5348 of title 5, United States Code, shall be 
no less than the percentages in subsection (a) as employees in the same 
location whose rates of basic pay are adjusted pursuant to the 
statutory pay systems under section 5303 and 5304-5304a of title 5, 
United States Code. Prevailing rate employees at locations where there 
are no employees whose pay is increased pursuant to sections 5303 and 
5304-5304a of such title 5 and prevailing rate employees described in 
section 5343(a)(5) of such title 5 shall be considered to be located in 
the pay locality designated as ``Rest of U.S.'' pursuant to section 
5304 of such title 5 for purposes of this subsection.
    (c) Funds used to carry out this section shall be paid from 
appropriations, which are made to each applicable department or agency 
for salaries and expenses for fiscal year 2010.
    Sec. 745. (a) Section 5538 of title 5, United States Code, is 
amended by striking subsection (b) and inserting the following:
    ``(b) Amounts under this section shall be payable with respect to 
each pay period (which would otherwise apply if the employee's civilian 
employment had not been interrupted)--
        ``(1) during which such employee is entitled to re-employment 
    rights under chapter 43 of title 38 with respect to the position 
    from which such employee is absent (as referred to in subsection 
    (a)); and
        ``(2) for which such employee does not otherwise receive basic 
    pay (including by taking any annual, military, or other paid leave) 
    to which such employee is entitled by virtue of such employee's 
    civilian employment with the Government.''.
    (b) The amendments made by this section shall take effect on the 
first day of the first applicable pay period beginning on or after the 
date of the enactment of this Act.
    Sec. 746.  Except as expressly provided otherwise, any reference to 
``this Act'' contained in any title other than title IV or VIII shall 
not apply to such title IV or VIII.
    Sec. 747. (a) Definitions.--For purposes of this section the 
following definitions apply:
        (1) The term ``covered manufacturer'' means--
            (A) an automobile manufacturer in which the United States 
        Government has an ownership interest, or to which the 
        Government has provided financial assistance under title I of 
        the Emergency Economic Stabilization Act of 2008; or
            (B) an automobile manufacturer which acquired more than 
        half of the assets of an automobile manufacturer in which the 
        United States Government has an ownership interest, or to which 
        the Government has provided financial assistance under title I 
        of the Emergency Economic Stabilization Act of 2008.
        (2) The term ``covered dealership'' means an automobile 
    dealership that had a franchise agreement for the sale and service 
    of vehicles of a brand or brands with a covered manufacturer in 
    effect as of October 3, 2008, and such agreement was terminated, 
    not assigned in the form existing on October 3, 2008 to another 
    covered manufacturer in connection with an acquisition of assets 
    related to the manufacture of that vehicle brand or brands, not 
    renewed, or not continued during the period beginning on October 3, 
    2008, and ending on December 31, 2010.
    (b) A covered dealership that was not lawfully terminated under 
applicable State law on or before April 29, 2009, shall have the right 
to seek, through binding arbitration, continuation, or reinstatement of 
a franchise agreement, or to be added as a franchisee to the dealer 
network of the covered manufacturer in the geographical area where the 
covered dealership was located when its franchise agreement was 
terminated, not assigned, not renewed, or not continued. Such 
continuation, reinstatement, or addition shall be limited to each brand 
owned and manufactured by the covered manufacturer at the time the 
arbitration commences, to the extent that the covered dealership had 
been a dealer for such brand at the time such dealer's franchise 
agreement was terminated, not assigned, not renewed, or not continued.
    (c) Before the end of the 30-day period beginning on the date of 
the enactment of this Act, a covered manufacturer shall provide to each 
covered dealership related to such covered manufacturer a summary of 
the terms and the rights accorded under this section to a covered 
dealership and the specific criteria pursuant to which such dealer was 
terminated, was not renewed, or was not assumed and assigned to a 
covered manufacturer.
    (d) A covered dealership may elect to pursue the right to binding 
arbitration with the appropriate covered manufacturer. Such election 
must occur within 40 days of the date of enactment. The arbitration 
process must commence as soon as practicable thereafter with the 
selection of the arbitrator and conclude with the case being submitted 
to the arbitrator for deliberation within 180 days of the date of 
enactment of this Act. The arbitrator may extend the time periods in 
this subsection for up to 30 days for good cause. The covered 
manufacturer and the covered dealership may present any relevant 
information during the arbitration. The arbitrator shall balance the 
economic interest of the covered dealership, the economic interest of 
the covered manufacturer, and the economic interest of the public at 
large and shall decide, based on that balancing, whether or not the 
covered dealership should be added to the dealer network of the covered 
manufacturer. The factors considered by the arbitrator shall include 
(1) the covered dealership's profitability in 2006, 2007, 2008, and 
2009, (2) the covered manufacturer's overall business plan, (3) the 
covered dealership's current economic viability, (4) the covered 
dealership's satisfaction of the performance objectives established 
pursuant to the applicable franchise agreement, (5) the demographic and 
geographic characteristics of the covered dealership's market 
territory, (6) the covered dealership's performance in relation to the 
criteria used by the covered manufacturer to terminate, not renew, not 
assume or not assign the covered dealership's franchise agreement, and 
(7) the length of experience of the covered dealership. The arbitrator 
shall issue a written determination no later than 7 business days after 
the arbitrator determines that case has been fully submitted. At a 
minimum, the written determination shall include (1) a description of 
the covered dealership, (2) a clear statement indicating whether the 
franchise agreement at issue is to be renewed, continued, assigned or 
assumed by the covered manufacturer, (3) the key facts relied upon by 
the arbitrator in making the determination, and (4) an explanation of 
how the balance of economic interests supports the arbitrator's 
determination.
    (e) The arbitrator shall be selected from the list of qualified 
arbitrators maintained by the Regional Office of the American 
Arbitration Association (AAA), in the Region where the dealership is 
located, by mutual agreement of the covered dealership and covered 
manufacturer. If agreement cannot be reached on a suitable arbitrator, 
the parties shall request AAA to select the arbitrator. There will be 
no depositions in the proceedings, and discovery shall be limited to 
requests for documents specific to the covered dealership. The parties 
shall be responsible for their own expenses, fees, and costs, and shall 
share equally all other costs associated with the arbitration, such as 
arbitrator fees, meeting room charges, and administrative costs. The 
arbitration shall be conducted in the State where the covered 
dealership is located. Parties will have the option of conducting 
arbitration electronically and telephonically, by mutual agreement of 
both parties. The arbitrator shall not award compensatory, punitive, or 
exemplary damages to any party. If the arbitrator finds in favor of a 
covered dealership, the covered manufacturer shall as soon as 
practicable, but not later than 7 business days after receipt of the 
arbitrator's determination, provide the dealer a customary and usual 
letter of intent to enter into a sales and service agreement. After 
executing the sales and service agreement and successfully completing 
the operational prerequisites set forth therein, a covered dealership 
shall return to the covered manufacturer any financial compensation 
provided by the covered manufacturer in consideration of the covered 
manufacturer's initial determination to terminate, not renew, not 
assign or not assume the covered dealership's applicable franchise 
agreement.
    (f) Any legally binding agreement resulting from a voluntary 
negotiation between a covered manufacturer and covered dealership(s) 
shall not be considered inconsistent with this provision and any 
covered dealership that is a party to such agreement shall forfeit the 
right to arbitration established by this provision.
    (g) Notwithstanding the requirements of this provision, nothing 
herein shall prevent a covered manufacturer from lawfully terminating a 
covered dealership in accordance with applicable State law.

                               TITLE VIII

                GENERAL PROVISIONS--DISTRICT OF COLUMBIA

                     (including transfer of funds)

    Sec. 801.  Whenever in this Act, an amount is specified within an 
appropriation for particular purposes or objects of expenditure, such 
amount, unless otherwise specified, shall be considered as the maximum 
amount that may be expended for said purpose or object rather than an 
amount set apart exclusively therefor.
    Sec. 802.  Appropriations in this Act shall be available for 
expenses of travel and for the payment of dues of organizations 
concerned with the work of the District of Columbia government, when 
authorized by the Mayor, or, in the case of the Council of the District 
of Columbia, funds may be expended with the authorization of the 
Chairman of the Council.
    Sec. 803.  There are appropriated from the applicable funds of the 
District of Columbia such sums as may be necessary for making refunds 
and for the payment of legal settlements or judgments that have been 
entered against the District of Columbia government.
    Sec. 804. (a) None of the Federal funds provided in this Act shall 
be used for publicity or propaganda purposes or implementation of any 
policy including boycott designed to support or defeat legislation 
pending before Congress or any State legislature.
    (b) The District of Columbia may use local funds provided in this 
title to carry out lobbying activities on any matter.
    Sec. 805. (a) None of the Federal funds provided under this Act to 
the agencies funded by this Act, both Federal and District government 
agencies, that remain available for obligation or expenditure in fiscal 
year 2010, or provided from any accounts in the Treasury of the United 
States derived by the collection of fees available to the agencies 
funded by this Act, shall be available for obligation or expenditures 
for an agency through a reprogramming of funds which--
        (1) creates new programs;
        (2) eliminates a program, project, or responsibility center;
        (3) establishes or changes allocations specifically denied, 
    limited or increased under this Act;
        (4) increases funds or personnel by any means for any program, 
    project, or responsibility center for which funds have been denied 
    or restricted;
        (5) re-establishes any program or project previously deferred 
    through reprogramming;
        (6) augments any existing program, project, or responsibility 
    center through a reprogramming of funds in excess of $3,000,000 or 
    10 percent, whichever is less; or
        (7) increases by 20 percent or more personnel assigned to a 
    specific program, project or responsibility center,
unless the Committees on Appropriations of the House of Representatives 
and the Senate are notified in writing 15 days in advance of the 
reprogramming.
    (b) The District of Columbia government is authorized to approve 
and execute reprogramming and transfer requests of local funds under 
this title through November 1, 2010.
    Sec. 806.  Consistent with the provisions of section 1301(a) of 
title 31, United States Code, appropriations under this Act shall be 
applied only to the objects for which the appropriations were made 
except as otherwise provided by law.
    Sec. 807.  None of the Federal funds provided in this Act may be 
used by the District of Columbia to provide for salaries, expenses, or 
other costs associated with the offices of United States Senator or 
United States Representative under section 4(d) of the District of 
Columbia Statehood Constitutional Convention Initiatives of 1979 (D.C. 
Law 3-171; D.C. Official Code, sec. 1-123).
    Sec. 808.  Except as otherwise provided in this section, none of 
the funds made available by this Act or by any other Act may be used to 
provide any officer or employee of the District of Columbia with an 
official vehicle unless the officer or employee uses the vehicle only 
in the performance of the officer's or employee's official duties. For 
purposes of this section, the term ``official duties'' does not include 
travel between the officer's or employee's residence and workplace, 
except in the case of--
        (1) an officer or employee of the Metropolitan Police 
    Department who resides in the District of Columbia or a District of 
    Columbia government employee as may otherwise be designated by the 
    Chief of the Department;
        (2) at the discretion of the Fire Chief, an officer or employee 
    of the District of Columbia Fire and Emergency Medical Services 
    Department who resides in the District of Columbia and is on call 
    24 hours a day or is otherwise designated by the Fire Chief;
        (3) at the discretion of the Director of the Department of 
    Corrections, an officer or employee of the District of Columbia 
    Department of Corrections who resides in the District of Columbia 
    and is on call 24 hours a day or is otherwise designated by the 
    Director;
        (4) the Mayor of the District of Columbia; and
        (5) the Chairman of the Council of the District of Columbia.
    Sec. 809. (a) None of the Federal funds contained in this Act may 
be used by the District of Columbia Attorney General or any other 
officer or entity of the District government to provide assistance for 
any petition drive or civil action which seeks to require Congress to 
provide for voting representation in Congress for the District of 
Columbia.
    (b) Nothing in this section bars the District of Columbia Attorney 
General from reviewing or commenting on briefs in private lawsuits, or 
from consulting with officials of the District government regarding 
such lawsuits.
    Sec. 810.  None of the Federal funds contained in this Act may be 
used to distribute any needle or syringe for the purpose of preventing 
the spread of blood borne pathogens in any location that has been 
determined by the local public health or local law enforcement 
authorities to be inappropriate for such distribution.
    Sec. 811.  Nothing in this Act may be construed to prevent the 
Council or Mayor of the District of Columbia from addressing the issue 
of the provision of contraceptive coverage by health insurance plans, 
but it is the intent of Congress that any legislation enacted on such 
issue should include a ``conscience clause'' which provides exceptions 
for religious beliefs and moral convictions.
    Sec. 812.  The Mayor of the District of Columbia shall submit to 
the Committees on Appropriations of the House of Representatives and 
the Senate, the Committee on Oversight and Government Reform of the 
House of Representatives, and the Committee on Homeland Security and 
Governmental Affairs of the Senate annual reports addressing--
        (1) crime, including the homicide rate, implementation of 
    community policing, the number of police officers on local beats, 
    and the closing down of open-air drug markets;
        (2) access to substance and alcohol abuse treatment, including 
    the number of treatment slots, the number of people served, the 
    number of people on waiting lists, and the effectiveness of 
    treatment programs, the retention rates in treatment programs, and 
    the recidivism/re-arrest rates for treatment participants;
        (3) management of parolees and pre-trial violent offenders, 
    including the number of halfway houses escapes and steps taken to 
    improve monitoring and supervision of halfway house residents to 
    reduce the number of escapes to be provided in consultation with 
    the Court Services and Offender Supervision Agency for the District 
    of Columbia;
        (4) education, including access to special education services 
    and student achievement to be provided in consultation with the 
    District of Columbia Public Schools and the District of Columbia 
    public charter schools, repeated grade rates, high school 
    graduation rates, post-secondary education attendance rates, and 
    teen pregnancy rates;
        (5) improvement in basic District services, including rat 
    control and abatement;
        (6) application for and management of Federal grants, including 
    the number and type of grants for which the District was eligible 
    but failed to apply and the number and type of grants awarded to 
    the District but for which the District failed to spend the amounts 
    received;
        (7) indicators of child and family well-being including child 
    living arrangements by family structure, number of children aging 
    out of foster care, poverty rates by family structure, crime by 
    family structure, marriage rates by income quintile, and out-of-
    wedlock births; and
        (8) employment, including job status and participation in 
    assistance programs by income, education and family structure.
    Sec. 813.  None of the Federal funds contained in this Act may be 
used to enact or carry out any law, rule, or regulation to legalize or 
otherwise reduce penalties associated with the possession, use, or 
distribution of any schedule I substance under the Controlled 
Substances Act (21 U.S.C. 801 et seq.) or any tetrahydrocannabinols 
derivative.
    Sec. 814.  None of the Federal funds appropriated under this Act 
shall be expended for any abortion except where the life of the mother 
would be endangered if the fetus were carried to term or where the 
pregnancy is the result of an act of rape or incest.
    Sec. 815. (a) No later than 30 calendar days after the date of the 
enactment of this Act, the Chief Financial Officer for the District of 
Columbia shall submit to the appropriate committees of Congress, the 
Mayor, and the Council of the District of Columbia, a revised 
appropriated funds operating budget in the format of the budget that 
the District of Columbia government submitted pursuant to section 442 
of the District of Columbia Home Rule Act (D.C. Official Code, sec. 1-
204.42), for all agencies of the District of Columbia government for 
fiscal year 2010 that is in the total amount of the approved 
appropriation and that realigns all budgeted data for personal services 
and other-than-personal services, respectively, with anticipated actual 
expenditures.
    (b) This section shall apply only to an agency for which the Chief 
Financial Officer for the District of Columbia certifies that a 
reallocation is required to address unanticipated changes in program 
requirements.
    Sec. 816.  No later than 30 calendar days after the date of the 
enactment of this Act, the Chief Financial Officer for the District of 
Columbia shall submit to the appropriate committees of Congress, the 
Mayor, and the Council for the District of Columbia, a revised 
appropriated funds operating budget for the District of Columbia Public 
Schools that aligns schools budgets to actual enrollment. The revised 
appropriated funds budget shall be in the format of the budget that the 
District of Columbia government submitted pursuant to section 442 of 
the District of Columbia Home Rule Act (D.C. Official Code, Sec. 1-
204.42).
    Sec. 817.  Amounts appropriated in this Act as operating funds may 
be transferred to the District of Columbia's enterprise and capital 
funds and such amounts, once transferred, shall retain appropriation 
authority consistent with the provisions of this Act.
    Sec. 818.  Except as expressly provided otherwise, any reference to 
``this Act'' contained in this title or in title IV shall be treated as 
referring only to the provisions of this title or of title IV.
    This division may be cited as the ``Financial Services and General 
Government Appropriations Act, 2010''.

   DIVISION D--DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES, AND 
        EDUCATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2010

                                TITLE I

                          DEPARTMENT OF LABOR

                 Employment and Training Administration

                    training and employment services

                     (including transfer of funds)

    For necessary expenses of the Workforce Investment Act of 1998 
(``WIA''), the Second Chance Act of 2007, and the Women in 
Apprenticeship and Non-Traditional Occupations Act of 1992, including 
the purchase and hire of passenger motor vehicles, the construction, 
alteration, and repair of buildings and other facilities, and the 
purchase of real property for training centers as authorized by the 
WIA; $3,828,530,000, plus reimbursements, shall be available. Of the 
amounts provided:
        (1) for grants to States for adult employment and training 
    activities, youth activities, and dislocated worker employment and 
    training activities, $2,969,449,000 as follows:
            (A) $861,540,000 for adult employment and training 
        activities, of which $149,540,000 shall be available for the 
        period July 1, 2010, through June 30, 2011, and of which 
        $712,000,000 shall be available for the period October 1, 2010 
        through June 30, 2011;
            (B) $924,069,000 for youth activities, which shall be 
        available for the period April 1, 2010 through June 30, 2011; 
        and
            (C) $1,183,840,000 for dislocated worker employment and 
        training activities, of which $323,840,000 shall be available 
        for the period July 1, 2010 through June 30, 2011, and of which 
        $860,000,000 shall be available for the period October 1, 2010 
        through June 30, 2011:
    Provided, That notwithstanding the transfer limitation under 
    section 133(b)(4) of the WIA, up to 30 percent of such funds may be 
    transferred by a local board if approved by the Governor: Provided 
    further, That a local board may award a contract to an institution 
    of higher education or other eligible training provider if the 
    local board determines that it would facilitate the training of 
    multiple individuals in high-demand occupations, if such contract 
    does not limit customer choice;
        (2) for federally administered programs, $470,038,000 as 
    follows:
            (A) $229,160,000 for the dislocated workers assistance 
        national reserve, of which $29,160,000 shall be available for 
        the period July 1, 2010 through June 30, 2011, and of which 
        $200,000,000 shall be available for the period October 1, 2010 
        through June 30, 2011: Provided, That funds provided to carry 
        out section 132(a)(2)(A) of the WIA may be used to provide 
        assistance to a State for State-wide or local use in order to 
        address cases where there have been worker dislocations across 
        multiple sectors or across multiple local areas and such 
        workers remain dislocated; coordinate the State workforce 
        development plan with emerging economic development needs; and 
        train such eligible dislocated workers: Provided further, That 
        funds provided to carry out section 171(d) of the WIA may be 
        used for demonstration projects that provide assistance to new 
        entrants in the workforce and incumbent workers: Provided 
        further, That none of the funds shall be obligated to carry out 
        section 173(e) of the WIA;
            (B) $52,758,000 for Native American programs, which shall 
        be available for the period July 1, 2010 through June 30, 2011;
            (C) $84,620,000 for migrant and seasonal farmworker 
        programs under section 167 of the WIA, including $78,410,000 
        for formula grants (of which not less than 70 percent shall be 
        for employment and training services), $5,700,000 for migrant 
        and seasonal housing (of which not less than 70 percent shall 
        be for permanent housing), and $510,000 for other discretionary 
        purposes, which shall be available for the period July 1, 2010 
        through June 30, 2011: Provided, That notwithstanding any other 
        provision of law or related regulation, the Department of Labor 
        shall take no action limiting the number or proportion of 
        eligible participants receiving related assistance services or 
        discouraging grantees from providing such services;
            (D) $1,000,000 for carrying out the Women in Apprenticeship 
        and Nontraditional Occupations Act, which shall be available 
        for the period July 1, 2010 through June 30, 2011; and
            (E) $102,500,000 for YouthBuild activities as described in 
        section 173A of the WIA, which shall be available for the 
        period April 1, 2010 through June 30, 2011: Provided, That for 
        program year 2010 and each program year thereafter, the 
        YouthBuild program may serve an individual who has dropped out 
        of high school and re-enrolled in an alternative school, if 
        that re-enrollment is part of a sequential service strategy;
        (3) for national activities, $389,043,000, as follows:
            (A) $93,450,000 for Pilots, Demonstrations, and Research, 
        which shall be available for the period April 1, 2010 through 
        June 30, 2011, of which $30,000,000 shall be for Transitional 
        Jobs activities, and shall not be subject to the requirements 
        of section 171(b)(2)(B) or 171(c)(4)(D) of the WIA, and that up 
        to 10 percent of the amount available for Transitional Jobs 
        activities may be used for evaluation of such projects or 
        transferred to the Department of Health and Human Services and/
        or the Department of Justice for support of Transitional Jobs 
        activities; and of which $5,500,000 shall be for competitive 
        grants to address the employment and training needs of young 
        parents, and shall not be subject to the requirements of 
        section 171(b)(2)(B) or 171(c)(4)(D) of the WIA; and of which 
        $48,889,000 shall be used for the projects, and in the amounts, 
        specified under the heading ``Training and Employment 
        Services'' in the statement of the managers on the conference 
        report accompanying this Act: Provided, That funding provided 
        to carry out such projects shall not be subject to the 
        requirements of sections 171(b)(2)(B) and 171(c)(4)(D) of the 
        WIA, the joint funding requirements of sections 171(b)(2)(A) 
        and 171(c)(4)(A) of the WIA, or any time limit requirements of 
        sections 171(b)(2)(C) and 171(c)(4)(B) of the WIA;
            (B) $108,493,000 for ex-offender activities, under the 
        authority of section 171 of the WIA and section 212 of the 
        Second Chance Act of 2007, which shall be available for the 
        period April 1, 2010 through June 30, 2011, notwithstanding the 
        requirements of section 171(b)(2)(B) or 171(c)(4)(D) of the 
        WIA, of which $15,000,000 shall be for competitive grants to 
        provide Transitional Job activities for ex-offenders;
            (C) $9,600,000 for Evaluation, which shall be available for 
        the period July 1, 2010 through June 30, 2011;
            (D) $40,000,000 for activities that prepare workers for 
        careers in energy efficiency and renewable energy as described 
        in section 171(e)(1)(B) of the WIA, under the authority of 
        section 171 of the WIA, which shall be available for the period 
        July 1, 2010 through June 30, 2011, and which shall not be 
        subject to the requirements of section 171(b)(2)(B) or 
        171(c)(4)(D);
            (E) $125,000,000 for Career Pathways Innovation Fund, under 
        the authority of section 171 of the WIA, which shall be 
        available for the period July 1, 2010 through June 30, 2011, of 
        which not less than $65,000,000 shall be dedicated to 
        activities that prepare workers for careers in the health care 
        sector, and which shall not be subject to the requirements of 
        section 171(b)(2)(B) or 171(c)(4)(D); and
            (F) $12,500,000 for the Workforce Data Quality Initiative, 
        under the authority of section 171(c)(2) of the WIA, which 
        shall be available for the period July 1, 2010 through June 30, 
        2011, and which shall not be subject to the requirements of 
        section 171(c)(4)(D).

            community service employment for older americans

    To carry out title V of the Older Americans Act of 1965 (``OAA''), 
$825,425,000, of which $600,425,000 shall be available for the period 
July 1, 2010 through June 30, 2011 and of which $225,000,000 shall be 
available on the date of the enactment of this Act and remain available 
through December 31, 2011: Provided, That notwithstanding sections 506 
and 514 of the OAA, $225,000,000 shall be allotted within 45 days of 
the date of the enactment of this Act to current grantees that the 
Secretary of Labor determines can effectively utilize additional 
funding: Provided further, That within 15 days of the enactment of this 
Act, the Secretary shall provide to the Committees on Appropriations of 
the House of Representatives and the Senate a report on the procedure 
for allotting such funds: Provided further, That funds made available 
under this heading may, in accordance with section 517(c) of the OAA, 
be recaptured and reobligated.

              federal unemployment benefits and allowances

    For payments during fiscal year 2010 of trade adjustment benefit 
payments and allowances under part I of subchapter B of chapter 2 of 
title II of the Trade Act of 1974, and section 246 of that Act; and for 
training, employment and case management services, allowances for job 
search and relocation, and related State administrative expenses under 
part II of subchapter B of chapter 2 of title II of the Trade Act of 
1974, including benefit payments, allowances, training, and related 
State administration provided pursuant to paragraphs (1) and (2) of 
section 1891(b) of the Trade and Globalization Adjustment Assistance 
Act of 2009, $1,818,400,000, together with such amounts as may be 
necessary to be charged to the subsequent appropriation for payments 
for any period subsequent to September 15, 2010.

     state unemployment insurance and employment service operations

    For authorized administrative expenses, $86,403,000, together with 
not to exceed $3,977,278,000 which may be expended from the Employment 
Security Administration Account in the Unemployment Trust Fund (``the 
Trust Fund''), of which:
        (1) $3,195,645,000 from the Trust Fund is for grants to States 
    for the administration of State unemployment insurance laws as 
    authorized under title III of the Social Security Act (including 
    $10,000,000 to conduct in-person reemployment and eligibility 
    assessments and unemployment insurance improper payment reviews), 
    the administration of unemployment insurance for Federal employees 
    and for ex-service members as authorized under 5 U.S.C. 8501-8523, 
    and the administration of trade readjustment allowances, 
    reemployment trade adjustment assistance, and alternative trade 
    adjustment assistance under the Trade Act of 1974 and under section 
    1891(b) of the Trade and Globalization Adjustment Assistance Act of 
    2009, and shall be available for obligation by the States through 
    December 31, 2010, except that funds used for automation 
    acquisitions shall be available for obligation by the States 
    through September 30, 2012, and funds used for unemployment 
    insurance workloads experienced by the States through September 30, 
    2010, shall be available for Federal obligation through December 
    31, 2010;
        (2) $11,310,000 from the Trust Fund is for national activities 
    necessary to support the administration of the Federal-State 
    unemployment insurance system;
        (3) $680,893,000 from the Trust Fund, together with $22,683,000 
    from the General Fund of the Treasury, is for grants to States in 
    accordance with section 6 of the Wagner-Peyser Act, and shall be 
    available for Federal obligation for the period July 1, 2010 
    through June 30, 2011;
        (4) $20,994,000 from the Trust Fund is for national activities 
    of the Employment Service, including administration of the work 
    opportunity tax credit under section 51 of the Internal Revenue 
    Code of 1986, and the provision of technical assistance and staff 
    training under the Wagner-Peyser Act, including not to exceed 
    $1,228,000 that may be used for amortization payments to States 
    which had independent retirement plans in their State employment 
    service agencies prior to 1980;
        (5) $68,436,000 from the Trust Fund is for the administration 
    of foreign labor certifications and related activities under the 
    Immigration and Nationality Act and related laws, of which 
    $53,307,000 shall be available for the Federal administration of 
    such activities, and $15,129,000 shall be available for grants to 
    States for the administration of such activities; and
        (6) $63,720,000 from the General Fund is to provide workforce 
    information, national electronic tools, and one-stop system 
    building under the Wagner-Peyser Act and section 171 (e)(2)(C) of 
    the Workforce Investment Act of 1998 and shall be available for 
    Federal obligation for the period July 1, 2010 through June 30, 
    2011:
Provided, That to the extent that the Average Weekly Insured 
Unemployment (``AWIU'') for fiscal year 2010 is projected by the 
Department of Labor to exceed 5,059,000, an additional $28,600,000 from 
the Trust Fund shall be available for obligation for every 100,000 
increase in the AWIU level (including a pro rata amount for any 
increment less than 100,000) to carry out title III of the Social 
Security Act: Provided further, That funds appropriated in this Act 
that are allotted to a State to carry out activities under title III of 
the Social Security Act may be used by such State to assist other 
States in carrying out activities under such title III if the other 
States include areas that have suffered a major disaster declared by 
the President under the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act: Provided further, That the Secretary of Labor 
may use funds appropriated for grants to States under title III of the 
Social Security Act to make payments on behalf of States for the use of 
the National Directory of New Hires under section 453(j)(8) of such 
Act: Provided further, That funds appropriated in this Act which are 
used to establish a national one-stop career center system, or which 
are used to support the national activities of the Federal-State 
unemployment insurance or immigration programs, may be obligated in 
contracts, grants, or agreements with non-State entities: Provided 
further, That funds appropriated under this Act for activities 
authorized under title III of the Social Security Act and the Wagner-
Peyser Act may be used by States to fund integrated Unemployment 
Insurance and Employment Service automation efforts, notwithstanding 
cost allocation principles prescribed under the Office of Management 
and Budget Circular A-87: Provided further, That the Secretary, at the 
request of a State participating in a consortium with other States, may 
reallot funds allotted to such State under title III of the Social 
Security Act to other States participating in the consortium in order 
to carry out activities that benefit the administration of the 
unemployment compensation law of the State making the request.
    In addition, $50,000,000 from the Employment Security 
Administration Account of the Unemployment Trust Fund shall be 
available to conduct in-person reemployment and eligibility assessments 
and unemployment insurance improper payment reviews.

        advances to the unemployment trust fund and other funds

    For repayable advances to the Unemployment Trust Fund as authorized 
by sections 905(d) and 1203 of the Social Security Act, and to the 
Black Lung Disability Trust Fund as authorized by section 9501(c)(1) of 
the Internal Revenue Code of 1986; and for nonrepayable advances to the 
Unemployment Trust Fund as authorized by 5 U.S.C. 8509, and to the 
``Federal Unemployment Benefits and Allowances'' account, such sums as 
may be necessary, which shall be available for obligation through 
September 30, 2011.

                         program administration

    For expenses of administering employment and training programs, 
$97,516,000, together with not to exceed $50,140,000, which may be 
expended from the Employment Security Administration Account in the 
Unemployment Trust Fund.

               Employee Benefits Security Administration

                         salaries and expenses

    For necessary expenses for the Employee Benefits Security 
Administration, $154,861,000.

                  Pension Benefit Guaranty Corporation

               pension benefit guaranty corporation fund

    The Pension Benefit Guaranty Corporation (``Corporation'') is 
authorized to make such expenditures, including financial assistance 
authorized by subtitle E of title IV of the Employee Retirement Income 
Security Act of 1974, within limits of funds and borrowing authority 
available to the Corporation, and in accord with law, and to make such 
contracts and commitments without regard to fiscal year limitations, as 
provided by 31 U.S.C. 9104, as may be necessary in carrying out the 
program, including associated administrative expenses, through 
September 30, 2010, for the Corporation: Provided, That none of the 
funds available to the Corporation for fiscal year 2010 shall be 
available for obligations for administrative expenses in excess of 
$464,067,000: Provided further, That to the extent that the number of 
new plan participants in plans terminated by the Corporation exceeds 
100,000 in fiscal year 2010, an amount not to exceed an additional 
$9,200,000 shall be available through September 30, 2011 for obligation 
for administrative expenses for every 20,000 additional terminated 
participants: Provided further, That an additional $50,000 shall be 
made available through September 30, 2011, for obligation for 
investment management fees for every $25,000,000 in assets received by 
the Corporation as a result of new plan terminations or asset growth, 
after approval by the Office of Management and Budget and notification 
of the Committees on Appropriations of the House of Representatives and 
the Senate: Provided further, That obligations in excess of the amounts 
provided in this paragraph may be incurred for unforeseen and 
extraordinary pretermination expenses after approval by the Office of 
Management and Budget and notification of the Committees on 
Appropriations of the House of Representatives and the Senate.

                  Employment Standards Administration

                         salaries and expenses

              (including rescission and transfer of funds)

    For necessary expenses for the Employment Standards Administration, 
including reimbursement to State, Federal, and local agencies and their 
employees for inspection services rendered, $491,382,000, together with 
$2,124,000 which may be expended from the Special Fund in accordance 
with sections 39(c), 44(d), and 44(j) of the Longshore and Harbor 
Workers' Compensation Act: Provided, That the Secretary of Labor is 
authorized to establish and, in accordance with 31 U.S.C. 3302, collect 
and deposit in the Treasury fees for processing applications and 
issuing certificates under sections 11(d) and 14 of the Fair Labor 
Standards Act of 1938 and for processing applications and issuing 
registrations under title I of the Migrant and Seasonal Agricultural 
Worker Protection Act: Provided further, That funds identified in the 
table contained in the statement of the managers on the conference 
report accompanying this Act for Program Direction and Support may be 
allocated among the agencies included in this account and may be 
transferred to any other account within the Department of Labor for 
such purposes.
    Of the unobligated funds collected pursuant to section 286(v) of 
the Immigration and Nationality Act, $50,000,000 are rescinded as of 
September 30, 2010.

                            special benefits

                     (including transfer of funds)

    For the payment of compensation, benefits, and expenses (except 
administrative expenses) accruing during the current or any prior 
fiscal year authorized by 5 U.S.C. 81; continuation of benefits as 
provided for under the heading ``Civilian War Benefits'' in the Federal 
Security Agency Appropriation Act, 1947; the Employees' Compensation 
Commission Appropriation Act, 1944; sections 4(c) and 5(f) of the War 
Claims Act of 1948; and 50 percent of the additional compensation and 
benefits required by section 10(h) of the Longshore and Harbor Workers' 
Compensation Act, $187,000,000, together with such amounts as may be 
necessary to be charged to the subsequent year appropriation for the 
payment of compensation and other benefits for any period subsequent to 
August 15 of the current year: Provided, That amounts appropriated may 
be used under 5 U.S.C. 8104, by the Secretary of Labor to reimburse an 
employer, who is not the employer at the time of injury, for portions 
of the salary of a re-employed, disabled beneficiary: Provided further, 
That balances of reimbursements unobligated on September 30, 2009, 
shall remain available until expended for the payment of compensation, 
benefits, and expenses: Provided further, That in addition there shall 
be transferred to this appropriation from the Postal Service and from 
any other corporation or instrumentality required under 5 U.S.C. 
8147(c) to pay an amount for its fair share of the cost of 
administration, such sums as the Secretary determines to be the cost of 
administration for employees of such fair share entities through 
September 30, 2010: Provided further, That of those funds transferred 
to this account from the fair share entities to pay the cost of 
administration of the Federal Employees' Compensation Act, $58,120,000 
shall be made available to the Secretary as follows:
        (1) For enhancement and maintenance of automated data 
    processing systems and telecommunications systems, $19,968,000;
        (2) For automated workload processing operations, including 
    document imaging, centralized mail intake, and medical bill 
    processing, $23,323,000;
        (3) For periodic roll management and medical review, 
    $14,829,000; and
        (4) The remaining funds shall be paid into the Treasury as 
    miscellaneous receipts:
Provided further, That the Secretary may require that any person filing 
a notice of injury or a claim for benefits under 5 U.S.C. 81, or the 
Longshore and Harbor Workers' Compensation Act, provide as part of such 
notice and claim, such identifying information (including Social 
Security account number) as such regulations may prescribe.

               special benefits for disabled coal miners

    For carrying out title IV of the Federal Mine Safety and Health Act 
of 1977, as amended by Public Law 107-275, $169,180,000, to remain 
available until expended.
    For making after July 31 of the current fiscal year, benefit 
payments to individuals under title IV of such Act, for costs incurred 
in the current fiscal year, such amounts as may be necessary.
    For making benefit payments under title IV for the first quarter of 
fiscal year 2011, $45,000,000, to remain available until expended.

    administrative expenses, energy employees occupational illness 
                           compensation fund

    For necessary expenses to administer the Energy Employees 
Occupational Illness Compensation Program Act, $51,900,000, to remain 
available until expended: Provided, That the Secretary of Labor may 
require that any person filing a claim for benefits under the Act 
provide as part of such claim, such identifying information (including 
Social Security account number) as may be prescribed.

                    black lung disability trust fund

                     (including transfer of funds)

    In fiscal year 2010, such sums as may be necessary from the Black 
Lung Disability Trust Fund (``Fund''), to remain available until 
expended, for payment of all benefits authorized by section 9501(d)(1), 
(2), (4), and (7) of the Internal Revenue Code of 1986; and interest on 
advances, as authorized by section 9501(c)(2) of that Act. In addition, 
the following amounts may be expended from the Fund for fiscal year 
2010 for expenses of operation and administration of the Black Lung 
Benefits program, as authorized by section 9501(d)(5): not to exceed 
$32,720,000 for transfer to the Employment Standards Administration 
``Salaries and Expenses''; not to exceed $25,091,000 for transfer to 
Departmental Management, ``Salaries and Expenses''; not to exceed 
$327,000 for transfer to Departmental Management, ``Office of Inspector 
General''; and not to exceed $356,000 for payments into miscellaneous 
receipts for the expenses of the Department of the Treasury.

             Occupational Safety and Health Administration

                         salaries and expenses

    For necessary expenses for the Occupational Safety and Health 
Administration, $558,620,000, including not to exceed $104,393,000 
which shall be the maximum amount available for grants to States under 
section 23(g) of the Occupational Safety and Health Act (``Act''), 
which grants shall be no less than 50 percent of the costs of State 
occupational safety and health programs required to be incurred under 
plans approved by the Secretary of Labor under section 18 of the Act; 
and, in addition, notwithstanding 31 U.S.C. 3302, the Occupational 
Safety and Health Administration may retain up to $200,000 per fiscal 
year of training institute course tuition fees, otherwise authorized by 
law to be collected, and may utilize such sums for occupational safety 
and health training and education: Provided, That notwithstanding 31 
U.S.C. 3302, the Secretary is authorized, during the fiscal year ending 
September 30, 2010, to collect and retain fees for services provided to 
Nationally Recognized Testing Laboratories, and may utilize such sums, 
in accordance with the provisions of 29 U.S.C. 9a, to administer 
national and international laboratory recognition programs that ensure 
the safety of equipment and products used by workers in the workplace: 
Provided further, That none of the funds appropriated under this 
paragraph shall be obligated or expended to prescribe, issue, 
administer, or enforce any standard, rule, regulation, or order under 
the Act which is applicable to any person who is engaged in a farming 
operation which does not maintain a temporary labor camp and employs 10 
or fewer employees: Provided further, That no funds appropriated under 
this paragraph shall be obligated or expended to administer or enforce 
any standard, rule, regulation, or order under the Act with respect to 
any employer of 10 or fewer employees who is included within a category 
having a Days Away, Restricted, or Transferred (DART) occupational 
injury and illness rate, at the most precise industrial classification 
code for which such data are published, less than the national average 
rate as such rates are most recently published by the Secretary, acting 
through the Bureau of Labor Statistics, in accordance with section 24 
of the Act, except--
        (1) to provide, as authorized by the Act, consultation, 
    technical assistance, educational and training services, and to 
    conduct surveys and studies;
        (2) to conduct an inspection or investigation in response to an 
    employee complaint, to issue a citation for violations found during 
    such inspection, and to assess a penalty for violations which are 
    not corrected within a reasonable abatement period and for any 
    willful violations found;
        (3) to take any action authorized by the Act with respect to 
    imminent dangers;
        (4) to take any action authorized by the Act with respect to 
    health hazards;
        (5) to take any action authorized by the Act with respect to a 
    report of an employment accident which is fatal to one or more 
    employees or which results in hospitalization of two or more 
    employees, and to take any action pursuant to such investigation 
    authorized by the Act; and
        (6) to take any action authorized by the Act with respect to 
    complaints of discrimination against employees for exercising 
    rights under the Act:
Provided further, That the foregoing proviso shall not apply to any 
person who is engaged in a farming operation which does not maintain a 
temporary labor camp and employs 10 or fewer employees: Provided 
further, That $10,750,000 shall be available for Susan Harwood training 
grants.

                 Mine Safety and Health Administration

                         salaries and expenses

    For necessary expenses for the Mine Safety and Health 
Administration, $357,293,000, including purchase and bestowal of 
certificates and trophies in connection with mine rescue and first-aid 
work, and the hire of passenger motor vehicles, including up to 
$2,000,000 for mine rescue and recovery activities, and $1,450,000 to 
continue the project with the United Mine Workers of America, for 
classroom and simulated rescue training for mine rescue teams; in 
addition, not to exceed $750,000 may be collected by the National Mine 
Health and Safety Academy for room, board, tuition, and the sale of 
training materials, otherwise authorized by law to be collected, to be 
available for mine safety and health education and training activities, 
notwithstanding 31 U.S.C. 3302; and, in addition, the Mine Safety and 
Health Administration may retain up to $1,000,000 from fees collected 
for the approval and certification of equipment, materials, and 
explosives for use in mines, and may utilize such sums for such 
activities; the Secretary of Labor is authorized to accept lands, 
buildings, equipment, and other contributions from public and private 
sources and to prosecute projects in cooperation with other agencies, 
Federal, State, or private; the Mine Safety and Health Administration 
is authorized to promote health and safety education and training in 
the mining community through cooperative programs with States, 
industry, and safety associations; the Secretary is authorized to 
recognize the Joseph A. Holmes Safety Association as a principal safety 
association and, notwithstanding any other provision of law, may 
provide funds and, with or without reimbursement, personnel, including 
service of Mine Safety and Health Administration officials as officers 
in local chapters or in the national organization; and any funds 
available to the Department of Labor may be used, with the approval of 
the Secretary, to provide for the costs of mine rescue and survival 
operations in the event of a major disaster.

                       Bureau of Labor Statistics

                         salaries and expenses

    For necessary expenses for the Bureau of Labor Statistics, 
including advances or reimbursements to State, Federal, and local 
agencies and their employees for services rendered, $533,183,000, 
together with not to exceed $78,264,000, which may be expended from the 
Employment Security Administration Account in the Unemployment Trust 
Fund, of which $1,500,000 may be used to fund the mass layoff 
statistics program under section 15 of the Wagner-Peyser Act: Provided, 
That the Current Employment Survey shall maintain the content of the 
survey issued prior to June 2005 with respect to the collection of data 
for the women worker series.

                 Office of Disability Employment Policy

                         salaries and expenses

    For necessary expenses for the Office of Disability Employment 
Policy to provide leadership, develop policy and initiatives, and award 
grants furthering the objective of eliminating barriers to the training 
and employment of people with disabilities, $39,031,000.

                        Departmental Management

                         salaries and expenses

                     (including transfer of funds)

    For necessary expenses for Departmental Management, including the 
hire of three sedans, $354,827,000, together with not to exceed 
$327,000, which may be expended from the Employment Security 
Administration Account in the Unemployment Trust Fund: Provided, That 
$66,500,000 for the Bureau of International Labor Affairs shall be 
available for obligation through December 31, 2010: Provided further, 
That funds available to the Bureau of International Labor Affairs may 
be used to administer or operate international labor activities, 
bilateral and multilateral technical assistance, and microfinance 
programs, by or through contracts, grants, subgrants and other 
arrangements: Provided further, That $40,000,000 shall be for the 
United States' contribution to the International Labour Organization's 
International Program on the Elimination of Child Labor: Provided 
further, That not less than $6,500,000 shall be used to implement model 
programs that address worker rights issues through technical assistance 
in countries with which the United States has trade preference 
programs: Provided further, That funds available for the acquisition of 
Departmental information technology, architecture, infrastructure, 
equipment, software and related needs, may be allocated to agencies of 
the Department by the Department's Chief Information Officer: Provided 
further, That funds available for program evaluation may be transferred 
to any other appropriate account in the Department for such purpose.

                          office of job corps

    To carry out subtitle C of title I of the Workforce Investment Act 
of 1998, including Federal administrative expenses, the purchase and 
hire of passenger motor vehicles, the construction, alteration and 
repairs of buildings and other facilities, and the purchase of real 
property for training centers as authorized by the Workforce Investment 
Act; $1,708,205,000, plus reimbursements, as follows:
        (1) $1,574,015,000 for Job Corps Operations, of which 
    $983,015,000 shall be available for obligation for the period July 
    1, 2010 through June 30, 2011 and of which $591,000,000 shall be 
    available for obligation for the period October 1, 2010 through 
    June 30, 2011;
        (2) $105,000,000 for construction, rehabilitation and 
    acquisition of Job Corps Centers, of which $5,000,000 shall be 
    available for the period July 1, 2010 through June 30, 2013 and 
    $100,000,000 shall be available for the period October 1, 2010 
    through June 30, 2013; and
        (3) $29,190,000 for necessary expenses of the Office of Job 
    Corps shall be available for obligation for the period October 1, 
    2009 through September 30, 2010:
Provided, That the Office of Job Corps shall have contracting 
authority: Provided further, That no funds from any other appropriation 
shall be used to provide meal services at or for Job Corps centers.

                    veterans employment and training

    Not to exceed $210,156,000 may be derived from the Employment 
Security Administration Account in the Unemployment Trust Fund to carry 
out the provisions of 38 U.S.C. 4100-4113, 4211-4215, and 4321-4327, 
and Public Law 103-353, and which shall be available for obligation by 
the States through December 31, 2010, of which $2,449,000 is for the 
National Veterans' Employment and Training Services Institute.
    In addition, to carry out Department of Labor programs under 
section 5(a)(1) of the Homeless Veterans Comprehensive Assistance Act 
of 2001 and the Veterans Workforce Investment Programs under section 
168 of the Workforce Investment Act, $45,971,000, of which $9,641,000 
shall be available for obligation for the period July 1, 2010 through 
June 30, 2011.

                      office of inspector general

    For salaries and expenses of the Office of Inspector General in 
carrying out the provisions of the Inspector General Act of 1978, 
$78,093,000, together with not to exceed $5,921,000, which may be 
expended from the Employment Security Administration Account in the 
Unemployment Trust Fund.

                           General Provisions

    Sec. 101.  None of the funds appropriated in this Act for the Job 
Corps shall be used to pay the salary of an individual, either as 
direct costs or any proration as an indirect cost, at a rate in excess 
of Executive Level I.

                          (transfer of funds)

    Sec. 102.  Not to exceed 1 percent of any discretionary funds 
(pursuant to the Balanced Budget and Emergency Deficit Control Act of 
1985) which are appropriated for the current fiscal year for the 
Department of Labor in this Act may be transferred between a program, 
project, or activity, but no such program, project, or activity shall 
be increased by more than 3 percent by any such transfer: Provided, 
That the transfer authority granted by this section shall be available 
only to meet emergency needs and shall not be used to create any new 
program or to fund any project or activity for which no funds are 
provided in this Act: Provided further, That the Committees on 
Appropriations of the House of Representatives and the Senate are 
notified at least 15 days in advance of any transfer.
    Sec. 103.  In accordance with Executive Order No. 13126, none of 
the funds appropriated or otherwise made available pursuant to this Act 
shall be obligated or expended for the procurement of goods mined, 
produced, manufactured, or harvested or services rendered, whole or in 
part, by forced or indentured child labor in industries and host 
countries already identified by the United States Department of Labor 
prior to enactment of this Act.
    Sec. 104.  None of the funds appropriated in this title for grants 
under section 171 of the Workforce Investment Act of 1998 may be 
obligated prior to the preparation and submission of a report by the 
Secretary of Labor to the Committees on Appropriations of the House of 
Representatives and the Senate detailing the planned uses of such 
funds.
    Sec. 105.  None of the funds made available to the Department of 
Labor for grants under section 414(c) of the American Competitiveness 
and Workforce Improvement Act of 1998 may be used for any purpose other 
than training in the occupations and industries for which employers are 
using H-1B visas to hire foreign workers, and the related activities 
necessary to support such training: Provided, That the preceding 
limitation shall not apply to multi-year grants awarded prior to June 
30, 2007.
    Sec. 106.  None of the funds available in this Act or available to 
the Secretary of Labor from other sources for grants under the Career 
Pathways Innovation Fund and grants authorized under section 414(c) of 
the American Competitiveness and Workforce Improvement Act of 1998 
shall be obligated for a grant awarded on a non-competitive basis.
    Sec. 107.  None of the funds appropriated in this Act under the 
heading ``Employment and Training Administration'' shall be used by a 
recipient or subrecipient of such funds to pay the salary and bonuses 
of an individual, either as direct costs or indirect costs, at a rate 
in excess of Executive Level II. This limitation shall not apply to 
vendors providing goods and services as defined in Office of Management 
and Budget Circular A-133. Where States are recipients of such funds, 
States may establish a lower limit for salaries and bonuses of those 
receiving salaries and bonuses from subrecipients of such funds, taking 
into account factors including the relative cost-of-living in the 
State, the compensation levels for comparable State or local government 
employees, and the size of the organizations that administer Federal 
programs involved including Employment and Training Administration 
programs.

                     (including transfer of funds)

    Sec. 108.  The Secretary of Labor shall submit to the Committees on 
Appropriations of the House of Representatives and the Senate a plan 
for the transfer of the administration of the Job Corps program 
authorized under title I-C of the Workforce Investment Act of 1998 from 
the Office of the Secretary to the Employment and Training 
Administration. As of the date that is 30 days after the date of 
submission of such plan, the Secretary may transfer the administration 
and appropriated funds of the program from the Office of the Secretary 
and the provisions of section 102 of Public Law 109-149 shall no longer 
be applicable.
    Sec. 109.  The Secretary of Labor shall take no action to amend, 
through regulatory or administration action, the definition established 
in section 667.220 of title 20 of the Code of Federal Regulations for 
functions and activities under title I of the Workforce Investment Act 
of 1998, or to modify, through regulatory or administrative action, the 
procedure for redesignation of local areas as specified in subtitle B 
of title I of that Act (including applying the standards specified in 
section 116(a)(3)(B) of that Act, but notwithstanding the time limits 
specified in section 116(a)(3)(B) of that Act), until such time as 
legislation reauthorizing the Act is enacted. Nothing in the preceding 
sentence shall permit or require the Secretary to withdraw approval for 
such redesignation from a State that received the approval not later 
than October 12, 2005, or to revise action taken or modify the 
redesignation procedure being used by the Secretary in order to 
complete such redesignation for a State that initiated the process of 
such redesignation by submitting any request for such redesignation not 
later than October 26, 2005.
     This title may be cited as the ``Department of Labor 
Appropriations Act, 2010''.

                                TITLE II

                DEPARTMENT OF HEALTH AND HUMAN SERVICES

              Health Resources and Services Administration

                     health resources and services

    For carrying out titles II, III, IV, VII, VIII, X, XI, XII, XIX, 
and XXVI of the Public Health Service Act (``PHS Act''), section 427(a) 
of the Federal Coal Mine Health and Safety Act, title V and sections 
711, 1128E, and 1820 of the Social Security Act, the Health Care 
Quality Improvement Act of 1986, the Native Hawaiian Health Care Act of 
1988, the Cardiac Arrest Survival Act of 2000, section 712 of the 
American Jobs Creation Act of 2004, and the Stem Cell Therapeutic and 
Research Act of 2005, $7,473,522,000, of which $41,200,000 from general 
revenues, notwithstanding section 1820(j) of the Social Security Act, 
shall be available for carrying out the Medicare rural hospital 
flexibility grants program under such section: Provided, That of the 
funds made available under this heading, $1,000,000 shall be to carry 
out section 1820(g)(6) of the Social Security Act: Provided further, 
That amounts provided for such grants shall be available for the 
purchase and implementation of telehealth services, including pilots 
and demonstrations on the use of electronic health records to 
coordinate rural veterans care between rural providers and the 
Department of Veterans Affairs through the use of the VISTA-Electronic 
Health Record: Provided further, That of the funds made available under 
this heading, $129,000 shall be available until expended for facilities 
renovations at the Gillis W. Long Hansen's Disease Center: Provided 
further, That in addition to fees authorized by section 427(b) of the 
Health Care Quality Improvement Act of 1986, fees shall be collected 
for the full disclosure of information under the Act sufficient to 
recover the full costs of operating the National Practitioner Data 
Bank, and shall remain available until expended to carry out that Act: 
Provided further, That fees collected for the full disclosure of 
information under the ``Health Care Fraud and Abuse Data Collection 
Program'', authorized by section 1128E(d)(2) of the Social Security 
Act, shall be sufficient to recover the full costs of operating the 
program, and shall remain available until expended to carry out that 
Act: Provided further, That no more than $40,000 shall be available 
until expended for carrying out the provisions of section 224(o) of the 
PHS Act including associated administrative expenses and relevant 
evaluations: Provided further, That no more than $44,055,000 shall be 
available until expended for carrying out the provisions of Public Law 
104-73 and for expenses incurred by the Department of Health and Human 
Services (``HHS'') pertaining to administrative claims made under such 
law: Provided further, That of the funds made available under this 
heading, $317,491,000 shall be for the program under title X of the PHS 
Act to provide for voluntary family planning projects: Provided 
further, That amounts provided to said projects under such title shall 
not be expended for abortions, that all pregnancy counseling shall be 
nondirective, and that such amounts shall not be expended for any 
activity (including the publication or distribution of literature) that 
in any way tends to promote public support or opposition to any 
legislative proposal or candidate for public office: Provided further, 
That of the funds available under this heading, $1,932,865,000 shall 
remain available to the Secretary of HHS through September 30, 2012, 
for parts A and B of title XXVI of the PHS Act: Provided further, That 
within the amounts provided for part A of title XXVI of the PHS Act, 
$6,021,000 shall be available to the Secretary through September 30, 
2012, and shall be available to qualifying jurisdictions, within 30 
days of enactment, for increasing supplemental grants for fiscal year 
2010 to metropolitan and transitional areas that received grant funding 
in fiscal year 2009 under subparts I and II of part A of title XXVI of 
the PHS Act to ensure that an area's total funding under subparts I and 
II of part A for fiscal year 2009, together with the amount of this 
additional funding, is not less than 92.4 percent of the amount of such 
area's total funding under part A for fiscal year 2006: Provided 
further, That notwithstanding section 2603(c)(1) of the PHS Act, the 
additional funding to areas under the immediately preceding proviso, 
which may be used for costs incurred during fiscal year 2009, shall be 
available to the area for obligation from the date of the award through 
the end of the grant year for the award: Provided further, That 
$835,000,000 shall be for State AIDS Drug Assistance Programs 
authorized by section 2616 of the PHS Act: Provided further, That in 
addition to amounts provided herein, $25,000,000 shall be available 
from amounts available under section 241 of the PHS Act to carry out 
parts A, B, C, and D of title XXVI of the PHS Act to fund section 2691 
Special Projects of National Significance: Provided further, That 
notwithstanding sections 502(a)(1) and 502(b)(1) of the Social Security 
Act, not to exceed $92,551,000 shall be available for carrying out 
special projects of regional and national significance pursuant to 
section 501(a)(2) of such Act and $10,400,000 shall be available for 
projects described in paragraphs (A) through (F) of section 501(a)(3) 
of such Act: Provided further, That notwithstanding section 747(e)(2) 
of the PHS Act, not less than $29,025,000 shall be for family medicine 
programs, not less than $7,575,000 shall be for general dentistry 
programs, and not less than $7,575,000 shall be for pediatric dentistry 
programs including faculty loan repayments for service as a full-time 
faculty member in dentistry: Provided further, That dentistry faculty 
loan repayments shall be made using the same terms and conditions as 
the Nursing Faculty Loan Repayment program authorized under section 738 
of the PHS Act unless otherwise authorized: Provided further, That of 
the funds provided, $10,000,000 shall be provided to the Denali 
Commission as a direct lump payment pursuant to Public Law 106-113: 
Provided further, That of the funds provided, $35,000,000 shall be 
provided for the Delta Health Initiative as authorized in section 219 
of division G of Public Law 110-161 and associated administrative 
expenses: Provided further, That funds provided under section 846 and 
subpart 3 of part D of title III of the PHS Act may be used to make 
prior year adjustments to awards made under these sections: Provided 
further, That notwithstanding section 340A(d)(3)(B) of the PHS Act, 
$5,000,000 shall be available for 3 year grant periods under the 
Patient Navigator Act: Provided further, That of the amount 
appropriated in this paragraph, $338,002,000 shall be used for the 
projects financing the construction and renovation (including 
equipment) of health care and other facilities and for other health-
related activities, and in the amounts, specified under the heading 
``Health Resources and Services'' in the statement of the managers on 
the conference report accompanying this Act, and of which up to one 
percent of the amount for each project may be used for related agency 
administrative expenses: Provided further, That notwithstanding section 
338J(k) of the PHS Act, $10,075,000 shall be available for State 
Offices of Rural Health: Provided further, That of the funds provided, 
$15,000,000 shall be available for the Small Rural Hospital Improvement 
Grant Program for quality improvement and adoption of health 
information technology: Provided further, That $75,000,000 shall be 
available for State Health Access Grants to expand access to affordable 
health care coverage for the uninsured populations in such States.

           health education assistance loans program account

    Such sums as may be necessary to carry out the purpose of the 
program, as authorized by title VII of the Public Health Service Act 
(``PHS Act''). For administrative expenses to carry out the guaranteed 
loan program, including section 709 of the PHS Act, $2,847,000.

             vaccine injury compensation program trust fund

    For payments from the Vaccine Injury Compensation Program Trust 
Fund (``Trust Fund''), such sums as may be necessary for claims 
associated with vaccine-related injury or death with respect to 
vaccines administered after September 30, 1988, pursuant to subtitle 2 
of title XXI of the Public Health Service Act, to remain available 
until expended: Provided, That for necessary administrative expenses, 
not to exceed $6,502,000 shall be available from the Trust Fund to the 
Secretary of Health and Human Services.

               Centers for Disease Control and Prevention

                disease control, research, and training

    To carry out titles II, III, VII, XI, XV, XVII, XIX, XXI, and XXVI 
of the Public Health Service Act (``PHS Act''), sections 101, 102, 103, 
201, 202, 203, 301, 501, and 514 of the Federal Mine Safety and Health 
Act of 1977, section 13 of the Mine Improvement and New Emergency 
Response Act of 2006, sections 20, 21, and 22 of the Occupational 
Safety and Health Act of 1970, title IV of the Immigration and 
Nationality Act, section 501 of the Refugee Education Assistance Act of 
1980, and for expenses necessary to support activities related to 
countering potential biological, nuclear, radiological, and chemical 
threats to civilian populations; including purchase and insurance of 
official motor vehicles in foreign countries; and purchase, hire, 
maintenance, and operation of aircraft, $6,390,387,000, of which 
$69,150,000 shall remain available until expended for acquisition of 
real property, equipment, construction and renovation of facilities; of 
which $595,749,000 shall remain available until expended for the 
Strategic National Stockpile under section 319F-2 of the PHS Act; of 
which $20,620,000 shall be used for the projects, and in the amounts, 
specified under the heading ``Disease Control, Research, and Training'' 
in the statement of the managers on the conference report accompanying 
this Act; of which $118,979,000 for international HIV/AIDS shall remain 
available through September 30, 2011; and of which $70,723,000 shall be 
available until expended to provide screening and treatment for first 
response emergency services personnel, residents, students, and others 
related to the September 11, 2001 terrorist attacks on the World Trade 
Center: Provided, That in addition, such sums as may be derived from 
authorized user fees, which shall be credited to this account: Provided 
further, That with respect to the previous proviso, authorized user 
fees from the Vessel Sanitation Program shall be available through 
September 30, 2011: Provided further, That in addition to amounts 
provided herein, the following amounts shall be available from amounts 
available under section 241 of the PHS Act: (1) $12,864,000 to carry 
out the National Immunization Surveys; (2) $138,683,000 to carry out 
the National Center for Health Statistics surveys; (3) $30,880,000 for 
Public Health Informatics; (4) $47,036,000 for Health Marketing; (5) 
$31,170,000 to carry out Public Health Research; and (6) $91,724,000 to 
carry out research activities within the National Occupational Research 
Agenda: Provided further, That none of the funds made available for 
injury prevention and control at the Centers for Disease Control and 
Prevention may be used, in whole or in part, to advocate or promote gun 
control: Provided further, That of the funds made available under this 
heading, up to $1,000 per eligible employee of the Centers for Disease 
Control and Prevention shall be made available until expended for 
Individual Learning Accounts: Provided further, That the Director may 
redirect the total amount made available under authority of Public Law 
101-502, section 3, dated November 3, 1990, to activities the Director 
may so designate: Provided further, That the Committees on 
Appropriations of the House of Representatives and the Senate are to be 
notified promptly of any such redirection: Provided further, That not 
to exceed $20,787,000 may be available for making grants under section 
1509 of the PHS Act to not less than 21 States, tribes, or tribal 
organizations: Provided further, That notwithstanding any other 
provision of law, the Centers for Disease Control and Prevention shall 
award a single contract or related contracts for development and 
construction of the next building or facility designated in the 
Buildings and Facilities Master Plan that collectively include the full 
scope of the project: Provided further, That the solicitation and 
contract shall contain the clause ``availability of funds'' found at 48 
CFR 52.232-18: Provided further, That of the funds appropriated, 
$10,000 shall be for official reception and representation expenses 
when specifically approved by the Director of the Centers for Disease 
Control and Prevention: Provided further, That employees of the Centers 
for Disease Control and Prevention or the Public Health Service, both 
civilian and Commissioned Officers, detailed to States, municipalities, 
or other organizations under authority of section 214 of the PHS Act, 
or in overseas assignments, shall be treated as non-Federal employees 
for reporting purposes only and shall not be included within any 
personnel ceiling applicable to the Agency, Service, or the Department 
of Health and Human Services during the period of detail or assignment.
    In addition, for necessary expenses to administer the Energy 
Employees Occupational Illness Compensation Program Act, $55,358,000, 
to remain available until expended, of which $4,500,000 shall be for 
use by or in support of the Advisory Board on Radiation and Worker 
Health (``the Board'') to carry out its statutory responsibilities, 
including obtaining audits, technical assistance, and other support 
from the Board's audit contractor with regard to radiation dose 
estimation and reconstruction efforts, site profiles, procedures, and 
review of Special Exposure Cohort petitions and evaluation reports: 
Provided, That this amount shall be available consistent with the 
provision regarding administrative expenses in section 151(b) of 
division B, title I of Public Law 106-554.

                     National Institutes of Health

                       national cancer institute

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to cancer, $5,103,388,000, of which up to 
$8,000,000 may be used for facilities repairs and improvements at the 
National Cancer Institute-Frederick Federally Funded Research and 
Development Center in Frederick, Maryland.

               national heart, lung, and blood institute

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to cardiovascular, lung, and blood diseases, 
and blood and blood products, $3,096,916,000.

         national institute of dental and craniofacial research

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to dental disease, $413,236,000.

    national institute of diabetes and digestive and kidney diseases

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to diabetes and digestive and kidney disease, 
$1,808,100,000.

        national institute of neurological disorders and stroke

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to neurological disorders and stroke, 
$1,636,371,000.

         national institute of allergy and infectious diseases

                     (including transfer of funds)

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to allergy and infectious diseases, 
$4,818,275,000, of which $304,000,000 shall be derived by transfer from 
funds appropriated under the heading ``Biodefense Countermeasures'' in 
the Department of Homeland Security Appropriations Act, 2004: Provided, 
That $300,000,000 may be made available to International Assistance 
Programs ``Global Fund to Fight HIV/AIDS, Malaria, and Tuberculosis'', 
to remain available until expended.

             national institute of general medical sciences

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to general medical sciences, $2,051,798,000.

  eunice kennedy shriver national institute of child health and human 
                              development

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to child health and human development, 
$1,329,528,000.

                         national eye institute

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to eye diseases and visual disorders, 
$707,036,000.

          national institute of environmental health sciences

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to environmental health sciences, 
$689,781,000.

                      national institute on aging

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to aging, $1,110,229,000.

 national institute of arthritis and musculoskeletal and skin diseases

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to arthritis and musculoskeletal and skin 
diseases, $539,082,000.

    national institute on deafness and other communication disorders

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to deafness and other communication disorders, 
$418,833,000.

                 national institute of nursing research

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to nursing research, $145,660,000.

           national institute on alcohol abuse and alcoholism

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to alcohol abuse and alcoholism, $462,346,000.

                    national institute on drug abuse

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to drug abuse, $1,059,848,000.

                  national institute of mental health

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to mental health, $1,489,372,000.

                national human genome research institute

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to human genome research, $516,028,000.

      national institute of biomedical imaging and bioengineering

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to biomedical imaging and bioengineering 
research, $316,582,000.

                 national center for research resources

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to research resources and general research 
support grants, $1,268,896,000.

       national center for complementary and alternative medicine

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to complementary and alternative medicine, 
$128,844,000.

       national center on minority health and health disparities

    For carrying out section 301 and title IV of the Public Health 
Service Act with respect to minority health and health disparities 
research, $211,572,000.

                  john e. fogarty international center

    For carrying out the activities of the John E. Fogarty 
International Center (described in subpart 2 of part E of title IV of 
the Public Health Service Act), $70,051,000.

                      national library of medicine

    For carrying out section 301 and title IV of the Public Health 
Service Act (``PHS Act'') with respect to health information 
communications, $339,716,000, of which $4,000,000 shall be available 
until expended for improvement of information systems: Provided, That 
in fiscal year 2010, the National Library of Medicine may enter into 
personal services contracts for the provision of services in facilities 
owned, operated, or constructed under the jurisdiction of the National 
Institutes of Health: Provided further, That in addition to amounts 
provided herein, $8,200,000 shall be available from amounts available 
under section 241 of the PHS Act to carry out the purposes of the 
National Information Center on Health Services Research and Health Care 
Technology established under section 478A of the PHS Act and related 
health services.

                         office of the director

    For carrying out the responsibilities of the Office of the 
Director, National Institutes of Health (``NIH''), $1,177,300,000, of 
which up to $25,000,000 shall be used to carry out section 214 of this 
Act: Provided, That funding shall be available for the purchase of not 
to exceed 29 passenger motor vehicles for replacement only: Provided 
further, That the NIH is authorized to collect third party payments for 
the cost of clinical services that are incurred in NIH research 
facilities and that such payments shall be credited to the NIH 
Management Fund: Provided further, That all funds credited to such Fund 
shall remain available for one fiscal year after the fiscal year in 
which they are deposited: Provided further, That up to $193,880,000 
shall be available for continuation of the National Children's Study: 
Provided further, That $544,109,000 shall be available for the Common 
Fund established under section 402A(c)(1) of the Public Health Service 
Act (``PHS Act''): Provided further, That of the funds provided $10,000 
shall be for official reception and representation expenses when 
specifically approved by the Director of the NIH: Provided further, 
That the Office of AIDS Research within the Office of the Director of 
the NIH may spend up to $8,000,000 to make grants for construction or 
renovation of facilities as provided for in section 2354(a)(5)(B) of 
the PHS Act.

                        buildings and facilities

    For the study of, construction of, renovation of, and acquisition 
of equipment for, facilities of or used by the National Institutes of 
Health, including the acquisition of real property, $100,000,000, to 
remain available until expended.

       Substance Abuse and Mental Health Services Administration

               substance abuse and mental health services

    For carrying out titles III, V, and XIX of the Public Health 
Service Act (``PHS Act'') with respect to substance abuse and mental 
health services and the Protection and Advocacy for Individuals with 
Mental Illness Act, $3,431,624,000, of which $14,518,000 shall be used 
for the projects, and in the amounts, specified under the heading 
``Substance Abuse and Mental Health Services'' in the statement of the 
managers on the conference report accompanying this Act: Provided, That 
notwithstanding section 520A(f)(2) of the PHS Act, no funds 
appropriated for carrying out section 520A are available for carrying 
out section 1971 of the PHS Act: Provided further, That $795,000 shall 
be available until expended for reimbursing the General Services 
Administration for environmental testing and remediation on the 
federally owned facilities at St. Elizabeths Hospital, including but 
not limited to testing and remediation conducted prior to fiscal year 
2010: Provided further, That in addition to amounts provided herein, 
the following amounts shall be available under section 241 of the PHS 
Act: (1) $79,200,000 to carry out subpart II of part B of title XIX of 
the PHS Act to fund section 1935(b) technical assistance, national 
data, data collection and evaluation activities, and further that the 
total available under this Act for section 1935(b) activities shall not 
exceed 5 percent of the amounts appropriated for subpart II of part B 
of title XIX; (2) $21,039,000 to carry out subpart I of part B of title 
XIX of the PHS Act to fund section 1920(b) technical assistance, 
national data, data collection and evaluation activities, and further 
that the total available under this Act for section 1920(b) activities 
shall not exceed 5 percent of the amounts appropriated for subpart I of 
part B of title XIX; (3) $22,750,000 to carry out national surveys on 
drug abuse and mental health; and (4) $8,596,000 to collect and analyze 
data and evaluate substance abuse treatment programs: Provided further, 
That section 520E(b)(2) of the PHS Act shall not apply to funds 
appropriated under this Act for fiscal year 2010.

               Agency for Healthcare Research and Quality

                    healthcare research and quality

    For carrying out titles III and IX of the Public Health Service Act 
(``PHS Act''), part A of title XI of the Social Security Act, and 
section 1013 of the Medicare Prescription Drug, Improvement, and 
Modernization Act of 2003, amounts received from Freedom of Information 
Act fees, reimbursable and interagency agreements, and the sale of data 
shall be credited to this appropriation and shall remain available 
until expended: Provided, That the amount made available pursuant to 
section 937(c) of the PHS Act shall not exceed $397,053,000.

               Centers for Medicare and Medicaid Services

                     grants to states for medicaid

    For carrying out, except as otherwise provided, titles XI and XIX 
of the Social Security Act, $220,962,473,000, to remain available until 
expended.
    For making, after May 31, 2010, payments to States under title XIX 
of the Social Security Act for the last quarter of fiscal year 2010 for 
unanticipated costs, incurred for the current fiscal year, such sums as 
may be necessary.
    For making payments to States or in the case of section 1928 on 
behalf of States under title XIX of the Social Security Act for the 
first quarter of fiscal year 2011, $86,789,382,000, to remain available 
until expended.
    Payment under title XIX may be made for any quarter with respect to 
a State plan or plan amendment in effect during such quarter, if 
submitted in or prior to such quarter and approved in that or any 
subsequent quarter.

                  payments to health care trust funds

    For payment to the Federal Hospital Insurance Trust Fund and the 
Federal Supplementary Medical Insurance Trust Fund, as provided under 
sections 217(g), 1844, and 1860D-16 of the Social Security Act, 
sections 103(c) and 111(d) of the Social Security Amendments of 1965, 
section 278(d) of Public Law 97-248, and for administrative expenses 
incurred pursuant to section 201(g) of the Social Security Act, 
$207,286,070,000.
    In addition, for making matching payments under section 1844, and 
benefit payments under section 1860D-16 of the Social Security Act, not 
anticipated in budget estimates, such sums as may be necessary.

                           program management

    For carrying out, except as otherwise provided, titles XI, XVIII, 
XIX, and XXI of the Social Security Act, titles XIII and XXVII of the 
Public Health Service Act (``PHS Act''), and the Clinical Laboratory 
Improvement Amendments of 1988, not to exceed $3,470,242,000, to be 
transferred from the Federal Hospital Insurance Trust Fund and the 
Federal Supplementary Medical Insurance Trust Fund, as authorized by 
section 201(g) of the Social Security Act; together with all funds 
collected in accordance with section 353 of the PHS Act and section 
1857(e)(2) of the Social Security Act, funds retained by the Secretary 
of Health and Human Services pursuant to section 302 of the Tax Relief 
and Health Care Act of 2006; and such sums as may be collected from 
authorized user fees and the sale of data, which shall be credited to 
this account and remain available until expended: Provided, That all 
funds derived in accordance with 31 U.S.C. 9701 from organizations 
established under title XIII of the PHS Act shall be credited to and 
available for carrying out the purposes of this appropriation: Provided 
further, That $35,681,000, to remain available through September 30, 
2011, shall be for contract costs for the Healthcare Integrated General 
Ledger Accounting System: Provided further, That $65,600,000, to remain 
available through September 30, 2011, shall be for the Centers for 
Medicare and Medicaid Services (``CMS'') Medicare contracting reform 
activities: Provided further, That $55,000,000 shall be available for 
the State high risk health insurance pool program as authorized by the 
State High Risk Pool Funding Extension Act of 2006: Provided further, 
That the Secretary is directed to collect fees in fiscal year 2010 from 
Medicare Advantage organizations pursuant to section 1857(e)(2) of the 
Social Security Act and from eligible organizations with risk-sharing 
contracts under section 1876 of that Act pursuant to section 
1876(k)(4)(D) of that Act: Provided further, That $3,100,000 shall be 
used for the projects, and in the amounts, specified under the heading 
``Program Management'' in the statement of the managers on the 
conference report accompanying this Act.

              Health Care Fraud and Abuse Control Account

    In addition to amounts otherwise available for program integrity 
and program management, $311,000,000, to remain available through 
September 30, 2011, to be transferred from the Federal Hospital 
Insurance Trust Fund and the Federal Supplementary Medical Insurance 
Trust Fund, as authorized by section 201(g) of the Social Security Act, 
of which $220,320,000 shall be for the Medicare Integrity Program at 
the Centers for Medicare and Medicaid Services, including 
administrative costs, to conduct oversight activities for Medicare 
Advantage and the Medicare Prescription Drug Program authorized in 
title XVIII of the Social Security Act and for activities listed in 
section 1893 of such Act; of which $29,790,000 shall be for the 
Department of Health and Human Services Office of Inspector General to 
carry out fraud and abuse activities authorized by section 1817(k)(3) 
of such Act; of which $31,100,000 shall be for the Medicaid and 
Children's Health Insurance Program (``CHIP'') program integrity 
activities; and of which $29,790,000 shall be for the Department of 
Justice to carry out fraud and abuse activities authorized by section 
1817(k)(3) of such Act: Provided, That the report required by section 
1817(k)(5) of the Social Security Act for fiscal year 2010 shall 
include measures of the operational efficiency and impact on fraud, 
waste, and abuse in the Medicare, Medicaid, and CHIP programs for the 
funds provided by this appropriation.

                Administration for Children and Families

  payments to states for child support enforcement and family support 
                                programs

    For making payments to States or other non-Federal entities under 
titles I, IV-D, X, XI, XIV, and XVI of the Social Security Act and the 
Act of July 5, 1960, $3,571,509,000, to remain available until 
expended; and for such purposes for the first quarter of fiscal year 
2011, $1,100,000,000, to remain available until expended.
    For making payments to each State for carrying out the program of 
Aid to Families with Dependent Children under title IV-A of the Social 
Security Act before the effective date of the program of Temporary 
Assistance for Needy Families with respect to such State, such sums as 
may be necessary: Provided, That the sum of the amounts available to a 
State with respect to expenditures under such title IV-A in fiscal year 
1997 under this appropriation and under such title IV-A as amended by 
the Personal Responsibility and Work Opportunity Reconciliation Act of 
1996 shall not exceed the limitations under section 116(b) of such Act.
    For making, after May 31 of the current fiscal year, payments to 
States or other non-Federal entities under titles I, IV-D, X, XI, XIV, 
and XVI of the Social Security Act and the Act of July 5, 1960, for the 
last 3 months of the current fiscal year for unanticipated costs, 
incurred for the current fiscal year, such sums as may be necessary.

                   low income home energy assistance

    For making payments under subsections (b), (d), and (e) of section 
2602 of the Low Income Home Energy Assistance Act of 1981, 
$5,100,000,000, of which $4,509,672,000 shall be for payments under 
subsections (b) and (d) of such section; and of which $590,328,000 
shall be for payments under subsection (e) of such section, to be made 
notwithstanding the designation requirements of such subsection: 
Provided, That all but $839,792,000 of the amount provided in this Act 
for subsections (b) and (d) shall be allocated as though the total 
appropriation for such payments for fiscal year 2010 was less than 
$1,975,000,000: Provided further, That notwithstanding section 
2605(b)(2)(B)(ii) of such Act, a State may use any amount of an 
allotment from prior appropriations Acts that is available to that 
State for providing assistance in fiscal year 2010, and any allotment 
from funds appropriated in this Act or any other appropriations Act for 
fiscal year 2010, to provide assistance to households whose income does 
not exceed 75 percent of the State median income.

                     refugee and entrant assistance

    For necessary expenses for refugee and entrant assistance 
activities authorized by section 414 of the Immigration and Nationality 
Act and section 501 of the Refugee Education Assistance Act of 1980, 
for carrying out section 462 of the Homeland Security Act of 2002, 
section 235 of the William Wilberforce Trafficking Victims Protection 
Reauthorization Act of 2008, and the Trafficking Victims Protection Act 
of 2000, for costs associated with the care and placement of 
unaccompanied alien children, and for carrying out the Torture Victims 
Relief Act of 1998, $730,928,000, of which up to $9,814,000 shall be 
available to carry out the Trafficking Victims Protection Act of 2000: 
Provided, That funds appropriated under this heading pursuant to 
section 414(a) of the Immigration and Nationality Act, section 462 of 
the Homeland Security Act of 2002, section 235 of the William 
Wilberforce Trafficking Victims Protection Reauthorization Act of 2008, 
and the Trafficking Victims Protection Act of 2000 for fiscal year 2010 
shall be available for the costs of assistance provided and other 
activities to remain available through September 30, 2012.

   payments to states for the child care and development block grant

    For carrying out the Child Care and Development Block Grant Act of 
1990, $2,127,081,000 shall be used to supplement, not supplant State 
general revenue funds for child care assistance for low-income 
families: Provided, That $18,960,000 shall be available for child care 
resource and referral and school-aged child care activities, of which 
$1,000,000 shall be for the Child Care Aware toll-free hotline: 
Provided further, That, in addition to the amounts required to be 
reserved by the States under section 658G, $271,401,000 shall be 
reserved by the States for activities authorized under section 658G, of 
which $99,534,000 shall be for activities that improve the quality of 
infant and toddler care: Provided further, That $9,910,000 shall be for 
use by the Secretary of Health and Human Services for child care 
research, demonstration, and evaluation activities.

                      social services block grant

    For making grants to States pursuant to section 2002 of the Social 
Security Act, $1,700,000,000: Provided, That notwithstanding 
subparagraph (B) of section 404(d)(2) of such Act, the applicable 
percent specified under such subparagraph for a State to carry out 
State programs pursuant to title XX of such Act shall be 10 percent.

                children and families services programs

                     (including transfer of funds)

    For carrying out, except as otherwise provided, the Runaway and 
Homeless Youth Act, the Developmental Disabilities Assistance and Bill 
of Rights Act, the Head Start Act, the Child Abuse Prevention and 
Treatment Act, sections 310 and 316 of the Family Violence Prevention 
and Services Act, the Native American Programs Act of 1974, title II of 
the Child Abuse Prevention and Treatment and Adoption Reform Act of 
1978 (adoption opportunities), sections 330F and 330G of the Public 
Health Service Act (``PHS Act''), the Abandoned Infants Assistance Act 
of 1988, sections 261 and 291 of the Help America Vote Act of 2002, 
part B-1 of title IV and sections 413, 1110, and 1115 of the Social 
Security Act; for making payments under the Community Services Block 
Grant Act (``CSBG Act''), sections 439(i), 473B, and 477(i) of the 
Social Security Act, and the Assets for Independence Act; and for 
necessary administrative expenses to carry out such Acts and titles I, 
IV, V, X, XI, XIV, XVI, and XX of the Social Security Act, the Act of 
July 5, 1960, the Low Income Home Energy Assistance Act of 1981, title 
IV of the Immigration and Nationality Act, section 501 of the Refugee 
Education Assistance Act of 1980, and section 505 of the Family Support 
Act of 1988, $9,314,532,000, of which $39,500,000, to remain available 
through September 30, 2011, shall be for grants to States for adoption 
incentive payments, as authorized by section 473A of the Social 
Security Act and may be made for adoptions completed before September 
30, 2010: Provided, That $7,234,783,000 shall be for making payments 
under the Head Start Act: Provided further, That of funds appropriated 
in the American Recovery and Reinvestment Act of 2009 for Head Start 
and Early Head Start, only the amount provided to a Head Start grantee 
under section 640(a)(3)(A)(i)(I) of the Head Start Act as a cost of 
living adjustment may be considered to be part of the fiscal year 2009 
base grant for such grantee for purposes of section 640(a)(2)(B)(i) 
through (v) of the Head Start Act: Provided further, That $746,000,000 
shall be for making payments under the CSBG Act: Provided further, That 
not less than $10,000,000 shall be for section 680(a)(3)(B) of the CSBG 
Act: Provided further, That in addition to amounts provided herein, 
$5,762,000 shall be available from amounts available under section 241 
of the PHS Act to carry out the provisions of section 1110 of the 
Social Security Act: Provided further, That to the extent Community 
Services Block Grant funds are distributed as grant funds by a State to 
an eligible entity as provided under the CSBG Act, and have not been 
expended by such entity, they shall remain with such entity for 
carryover into the next fiscal year for expenditure by such entity 
consistent with program purposes: Provided further, That the Secretary 
of Health and Human Services shall establish procedures regarding the 
disposition of intangible assets and program income that permit such 
assets acquired with, and program income derived from, grant funds 
authorized under section 680 of the CSBG Act to become the sole 
property of such grantees after a period of not more than 12 years 
after the end of the grant period for any activity consistent with 
section 680(a)(2)(A) of the CSBG Act: Provided further, That intangible 
assets in the form of loans, equity investments and other debt 
instruments, and program income may be used by grantees for any 
eligible purpose consistent with section 680(a)(2)(A) of the CSBG Act: 
Provided further, That these procedures shall apply to such grant funds 
made available after November 29, 1999: Provided further, That funds 
appropriated for section 680(a)(2) of the CSBG Act shall be available 
for financing construction and rehabilitation and loans or investments 
in private business enterprises owned by community development 
corporations: Provided further, That $17,410,000 shall be for 
activities authorized by the Help America Vote Act of 2002, of which 
$12,154,000 shall be for payments to States to promote access for 
voters with disabilities, and of which $5,256,000 shall be for payments 
to States for protection and advocacy systems for voters with 
disabilities: Provided further, That $2,000,000 shall be for a human 
services case management system for federally declared disasters, to 
include a comprehensive national case management contract and Federal 
costs of administering the system: Provided further, That up to 
$2,000,000 shall be for improving the Public Assistance Reporting 
Information System, including grants to States to support data 
collection for a study of the system's effectiveness: Provided further, 
That of the funds appropriated under this heading, $1,000,000 shall be 
transferred to the National Commission on Children and Disasters to 
carry out title VI of division G of Public Law 110-161: Provided 
further, That $20,785,000 shall be used for the projects, and in the 
amounts, specified under the heading ``Children and Families Services 
Programs'' in the statement of the managers on the conference report 
accompanying this Act.

                   promoting safe and stable families

    For carrying out section 436 of the Social Security Act, 
$345,000,000 and section 437 of such Act, $63,311,000.

                payments for foster care and permanency

    For making payments to States or other non-Federal entities under 
title IV-E of the Social Security Act, $5,532,000,000.
    For making payments to States or other non-Federal entities under 
title IV-E of the Social Security Act, for the first quarter of fiscal 
year 2011, $1,850,000,000.
    For making, after May 31 of the current fiscal year, payments to 
States or other non-Federal entities under section 474 of title IV-E of 
the Social Security Act, for the last 3 months of the current fiscal 
year for unanticipated costs, incurred for the current fiscal year, 
such sums as may be necessary.

                        Administration on Aging

                        aging services programs

    For carrying out, to the extent not otherwise provided, the Older 
Americans Act of 1965, section 398 and title XXIX of the Public Health 
Service Act, and section 119 of the Medicare Improvements for Patients 
and Providers Act of 2008, $1,516,297,000, of which $5,500,000 shall be 
available for activities regarding medication management, screening, 
and education to prevent incorrect medication and adverse drug 
reactions: Provided, That $5,974,000 shall be used for the projects, 
and in the amounts, specified under the heading ``Aging Services 
Programs'' in the statement of the managers on the conference report 
accompanying this Act.

                        Office of the Secretary

                    general departmental management

                     (including transfer of funds)

    For necessary expenses, not otherwise provided, for general 
departmental management, including hire of six sedans, and for carrying 
out titles III, IV, XVII, XX, and XXI of the Public Health Service Act 
(``PHS Act''), the United States-Mexico Border Health Commission Act, 
and research studies under section 1110 of the Social Security Act, 
$493,377,000, together with $5,851,000 to be transferred and expended 
as authorized by section 201(g)(1) of the Social Security Act from the 
Federal Hospital Insurance Trust Fund and the Federal Supplementary 
Medical Insurance Trust Fund, and $65,211,000 from the amounts 
available under section 241 of the PHS Act to carry out national health 
or human services research and evaluation activities: Provided, That of 
this amount, $53,891,000 shall be for minority AIDS prevention and 
treatment activities; $5,789,000 shall be to assist Afghanistan in the 
development of maternal and child health clinics, consistent with 
section 103(a)(4)(H) of the Afghanistan Freedom Support Act of 2002; 
and $1,000,000 shall be transferred, not later than 30 days after 
enactment of this Act, to the National Institute of Mental Health to 
administer the Interagency Autism Coordinating Committee: Provided 
further, That all of the funds made available under this heading for 
carrying out title XX of the PHS Act shall be for activities specified 
under section 2003(b)(1) of such title XX: Provided further, That of 
the funds made available under this heading, $110,000,000 shall be for 
making competitive contracts and grants to public and private entities 
to fund medically accurate and age appropriate programs that reduce 
teen pregnancy and for the Federal costs associated with administering 
and evaluating such contracts and grants, of which not less than 
$75,000,000 shall be for replicating programs that have been proven 
effective through rigorous evaluation to reduce teenage pregnancy, 
behavioral risk factors underlying teenage pregnancy, or other 
associated risk factors, of which not less than $25,000,000 shall be 
available for research and demonstration grants to develop, replicate, 
refine, and test additional models and innovative strategies for 
preventing teenage pregnancy, and of which any remaining amounts shall 
be available for training and technical assistance, evaluation, 
outreach, and additional program support activities: Provided further, 
That of the amounts provided under this heading from amounts available 
under section 241 of the PHS Act, $4,455,000 shall be available to 
carry out evaluations (including longitudinal evaluations) of teenage 
pregnancy prevention approaches: Provided further, That funds provided 
in this Act for embryo adoption activities may be used to provide, to 
individuals adopting embryos, through grants and other mechanisms, 
medical and administrative services deemed necessary for such 
adoptions: Provided further, That such services shall be provided 
consistent with 42 CFR 59.5(a)(4): Provided further, That $1,650,000 
shall be used for the projects, and in the amounts, specified under the 
heading ``General Departmental Management'' in the statement of the 
managers on the conference report accompanying this Act.

                office of medicare hearings and appeals

    For expenses necessary for administrative law judges responsible 
for hearing cases under title XVIII of the Social Security Act (and 
related provisions of title XI of such Act), $71,147,000, to be 
transferred in appropriate part from the Federal Hospital Insurance 
Trust Fund and the Federal Supplementary Medical Insurance Trust Fund.

  office of the national coordinator for health information technology

    For expenses necessary for the Office of the National Coordinator 
for Health Information Technology, including grants, contracts, and 
cooperative agreements for the development and advancement of 
interoperable health information technology, $42,331,000: Provided, 
That in addition to amounts provided herein, $19,011,000 shall be 
available from amounts available under section 241 of the Public Health 
Service Act.

                      office of inspector general

    For expenses necessary for the Office of Inspector General, 
including the hire of passenger motor vehicles for investigations, in 
carrying out the provisions of the Inspector General Act of 1978, 
$50,279,000: Provided, That of such amount, necessary sums shall be 
available for providing protective services to the Secretary of Health 
and Human Services and investigating non-payment of child support cases 
for which non-payment is a Federal offense under 18 U.S.C. 228: 
Provided further, That at least forty percent of the funds provided in 
this Act for the Office of Inspector General shall be used only for 
investigations, audits, and evaluations pertaining to the discretionary 
programs funded in this Act.

                        office for civil rights

    For expenses necessary for the Office for Civil Rights, 
$37,785,000, together with not to exceed $3,314,000 to be transferred 
and expended as authorized by section 201(g)(1) of the Social Security 
Act from the Federal Hospital Insurance Trust Fund and the Federal 
Supplementary Medical Insurance Trust Fund.

     retirement pay and medical benefits for commissioned officers

    For retirement pay and medical benefits of Public Health Service 
Commissioned Officers as authorized by law, for payments under the 
Retired Serviceman's Family Protection Plan and Survivor Benefit Plan, 
and for medical care of dependents and retired personnel under the 
Dependents' Medical Care Act, such amounts as may be required during 
the current fiscal year.

            public health and social services emergency fund

                     (including transfer of funds)

    For expenses necessary to support activities related to countering 
potential biological, nuclear, radiological, chemical, and 
cybersecurity threats to civilian populations, and for other public 
health emergencies and to pay the costs described in section 319F-
2(c)(7)(B) of the Public Health Service Act (``PHS Act''), 
$617,942,000; of which $33,065,000 shall be to support preparedness and 
emergency operations, of which $5,000,000 shall remain available 
through September 30, 2011; and of which $10,000,000, to remain 
available through September 30, 2011, shall be to support the delivery 
of medical countermeasures: Provided, That of the amount made available 
herein for the delivery of medical countermeasures, up to $8,000,000 
may be transferred to the U.S. Postal Service to support delivery of 
medical countermeasures.
    For expenses necessary to support advanced research and development 
pursuant to section 319L of the PHS Act, $305,000,000, to be derived by 
transfer from funds appropriated under the heading ``Biodefense 
Countermeasures'' in the Department of Homeland Security Appropriations 
Act, 2004, to remain available through September 30, 2011.
    For expenses necessary to prepare for and respond to an influenza 
pandemic, $354,167,000, of which $276,000,000 shall be available until 
expended, for activities including the development and purchase of 
vaccine, antivirals, necessary medical supplies, diagnostics, and other 
surveillance tools: Provided, That products purchased with these funds 
may, at the discretion of the Secretary of Health and Human Services, 
be deposited in the Strategic National Stockpile under section 319F-
2(a) of the PHS Act: Provided further, That notwithstanding section 
496(b) of the PHS Act, funds may be used for the construction or 
renovation of privately owned facilities for the production of pandemic 
influenza vaccines and other biologics, if the Secretary finds such 
construction or renovation necessary to secure sufficient supplies of 
such vaccines or biologics: Provided further, That funds appropriated 
herein may be transferred to other appropriation accounts of the 
Department of Health and Human Services, as determined by the Secretary 
to be appropriate, to be used for the purposes specified in this 
paragraph.
    All remaining balances from funds appropriated under the heading 
``Biodefense Countermeasures'' in the Department of Homeland Security 
Appropriations Act, 2004, shall be transferred to this account, and 
shall remain available for obligation through September 30, 2013, for 
the procurement of medical countermeasures pursuant to section 319F-
2(c) of the PHS Act: Provided, That products purchased with these funds 
shall be deposited in the Strategic National Stockpile under section 
319F-2(a) of the PHS Act.
    For expenses necessary for fit-out and other costs related to a 
competitive lease procurement to renovate or replace the existing 
headquarters building for Public Health Service agencies and other 
components of the Department of Health and Human Services, $69,585,000, 
to remain available until expended.

                           General Provisions

    Sec. 201.  Funds appropriated in this title shall be available for 
not to exceed $50,000 for official reception and representation 
expenses when specifically approved by the Secretary of Health and 
Human Services.
    Sec. 202.  The Secretary of Health and Human Services shall make 
available through assignment not more than 60 employees of the Public 
Health Service to assist in child survival activities and to work in 
AIDS programs through and with funds provided by the Agency for 
International Development, the United Nations International Children's 
Emergency Fund or the World Health Organization.
    Sec. 203.  None of the funds appropriated in this Act for the 
National Institutes of Health, the Agency for Healthcare Research and 
Quality, and the Substance Abuse and Mental Health Services 
Administration shall be used to pay the salary of an individual, 
through a grant or other extramural mechanism, at a rate in excess of 
Executive Level I.
    Sec. 204.  None of the funds appropriated in this Act may be 
expended pursuant to section 241 of the Public Health Service Act, 
except for funds specifically provided for in this Act, or for other 
taps and assessments made by any office located in the Department of 
Health and Human Services, prior to the preparation and submission of a 
report by the Secretary of Health and Human Services to the Committees 
on Appropriations of the House of Representatives and the Senate 
detailing the planned uses of such funds.
    Sec. 205.  Notwithstanding section 241(a) of the Public Health 
Service Act, such portion as the Secretary of Health and Human Services 
shall determine, but not more than 2.5 percent, of any amounts 
appropriated for programs authorized under such Act shall be made 
available for the evaluation (directly, or by grants or contracts) of 
the implementation and effectiveness of such programs.

                          (transfer of funds)

    Sec. 206.  Not to exceed 1 percent of any discretionary funds 
(pursuant to the Balanced Budget and Emergency Deficit Control Act of 
1985) which are appropriated for the current fiscal year for the 
Department of Health and Human Services in this Act may be transferred 
between a program, project, or activity, but no such program, project, 
or activity shall be increased by more than 3 percent by any such 
transfer: Provided, That the transfer authority granted by this section 
shall be available only to meet emergency needs and shall not be used 
to create any new program or to fund any project or activity for which 
no funds are provided in this Act: Provided further, That the 
Committees on Appropriations of the House of Representatives and the 
Senate are notified at least 15 days in advance of any transfer.

                          (transfer of funds)

    Sec. 207.  The Director of the National Institutes of Health, 
jointly with the Director of the Office of AIDS Research, may transfer 
up to 3 percent among institutes and centers from the total amounts 
identified by these two Directors as funding for research pertaining to 
the human immunodeficiency virus: Provided, That the Committees on 
Appropriations of the House of Representatives and the Senate are 
notified at least 15 days in advance of any transfer.

                          (transfer of funds)

    Sec. 208.  Of the amounts made available in this Act for the 
National Institutes of Health, the amount for research related to the 
human immunodeficiency virus, as jointly determined by the Director of 
the National Institutes of Health and the Director of the Office of 
AIDS Research, shall be made available to the ``Office of AIDS Research 
Office'' account. The Director of the Office of AIDS Research shall 
transfer from such account amounts necessary to carry out section 
2353(d)(3) of the Public Health Service Act.
    Sec. 209.  None of the funds appropriated in this Act may be made 
available to any entity under title X of the Public Health Service Act 
unless the applicant for the award certifies to the Secretary of Health 
and Human Services that it encourages family participation in the 
decision of minors to seek family planning services and that it 
provides counseling to minors on how to resist attempts to coerce 
minors into engaging in sexual activities.
    Sec. 210.  Notwithstanding any other provision of law, no provider 
of services under title X of the Public Health Service Act shall be 
exempt from any State law requiring notification or the reporting of 
child abuse, child molestation, sexual abuse, rape, or incest.
    Sec. 211.  None of the funds appropriated by this Act (including 
funds appropriated to any trust fund) may be used to carry out the 
Medicare Advantage program if the Secretary of Health and Human 
Services denies participation in such program to an otherwise eligible 
entity (including a Provider Sponsored Organization) because the entity 
informs the Secretary that it will not provide, pay for, provide 
coverage of, or provide referrals for abortions: Provided, That the 
Secretary shall make appropriate prospective adjustments to the 
capitation payment to such an entity (based on an actuarially sound 
estimate of the expected costs of providing the service to such 
entity's enrollees): Provided further, That nothing in this section 
shall be construed to change the Medicare program's coverage for such 
services and a Medicare Advantage organization described in this 
section shall be responsible for informing enrollees where to obtain 
information about all Medicare covered services.
    Sec. 212. (a) Except as provided by subsection (e) none of the 
funds appropriated for fiscal year 2010 or any subsequent fiscal year 
by this or any subsequent appropriations Act may be used to withhold 
substance abuse funding from a State pursuant to section 1926 of the 
Public Health Service Act (``PHS Act'') if such State certifies to the 
Secretary of Health and Human Services by May 1 of the fiscal year for 
which the funds are appropriated, that the State will commit additional 
State funds, in accordance with subsection (b), to ensure compliance 
with State laws prohibiting the sale of tobacco products to individuals 
under 18 years of age.
    (b) The amount of funds to be committed by a State under subsection 
(a) shall be equal to 1 percent of such State's substance abuse block 
grant allocation for each percentage point by which the State misses 
the retailer compliance rate goal established by the Secretary under 
section 1926 of such Act.
    (c) The State is to maintain State expenditures in such fiscal year 
for tobacco prevention programs and for compliance activities at a 
level that is not less than the level of such expenditures maintained 
by the State for the preceding fiscal year, and adding to that level 
the additional funds for tobacco compliance activities required under 
subsection (a). The State is to submit a report to the Secretary on all 
State obligations of funds for such fiscal year and all State 
expenditures for the preceding fiscal year for tobacco prevention and 
compliance activities by program activity by July 31 of such fiscal 
year.
    (d) The Secretary shall exercise discretion in enforcing the timing 
of the State obligation of the additional funds required by the 
certification described in subsection (a) as late as July 31 of such 
fiscal year.
    (e) None of the funds appropriated by this or any subsequent 
appropriations Act may be used to withhold substance abuse funding 
pursuant to section 1926 of the PHS Act from a territory that receives 
less than $1,000,000.
    Sec. 213.  In order for the Department of Health and Human Services 
to carry out international health activities, including HIV/AIDS and 
other infectious disease, chronic and environmental disease, and other 
health activities abroad during fiscal year 2010:
        (1) The Secretary of Health and Human Services may exercise 
    authority equivalent to that available to the Secretary of State in 
    section 2(c) of the State Department Basic Authorities Act of 1956. 
    The Secretary of Health and Human Services shall consult with the 
    Secretary of State and relevant Chief of Mission to ensure that the 
    authority provided in this section is exercised in a manner 
    consistent with section 207 of the Foreign Service Act of 1980 and 
    other applicable statutes administered by the Department of State.
        (2) The Secretary of Health and Human Services is authorized to 
    provide such funds by advance or reimbursement to the Secretary of 
    State as may be necessary to pay the costs of acquisition, lease, 
    alteration, renovation, and management of facilities outside of the 
    United States for the use of the Department of Health and Human 
    Services. The Department of State shall cooperate fully with the 
    Secretary of Health and Human Services to ensure that the 
    Department of Health and Human Services has secure, safe, 
    functional facilities that comply with applicable regulation 
    governing location, setback, and other facilities requirements and 
    serve the purposes established by this Act. The Secretary of Health 
    and Human Services is authorized, in consultation with the 
    Secretary of State, through grant or cooperative agreement, to make 
    available to public or nonprofit private institutions or agencies 
    in participating foreign countries, funds to acquire, lease, alter, 
    or renovate facilities in those countries as necessary to conduct 
    programs of assistance for international health activities, 
    including activities relating to HIV/AIDS and other infectious 
    diseases, chronic and environmental diseases, and other health 
    activities abroad.
        (3) The Secretary of Health and Human Services is authorized to 
    provide to personnel appointed or assigned by the Secretary to 
    serve abroad, allowances and benefits similar to those provided 
    under chapter 9 of title I of the Foreign Service Act of 1980, and 
    22 U.S.C. 4081 through 4086 and subject to such regulations 
    prescribed by the Secretary. The Secretary is further authorized to 
    provide locality-based comparability payments (stated as a 
    percentage) up to the amount of the locality-based comparability 
    payment (stated as a percentage) that would be payable to such 
    personnel under section 5304 of title 5, United States Code if such 
    personnel's official duty station were in the District of Columbia. 
    Leaves of absence for personnel under this subsection shall be on 
    the same basis as that provided under subchapter I of chapter 63 of 
    title 5, United States Code, or section 903 of the Foreign Service 
    Act of 1980, to individuals serving in the Foreign Service.
    Sec. 214. (a) Authority.--Notwithstanding any other provision of 
law, the Director of the National Institutes of Health (``Director'') 
may use funds available under section 402(b)(7) or 402(b)(12) of the 
Public Health Service Act (``PHS Act'') to enter into transactions 
(other than contracts, cooperative agreements, or grants) to carry out 
research identified pursuant to such section 402(b)(7) (pertaining to 
the Common Fund) or research and activities described in such section 
402(b)(12).
    (b) Peer Review.--In entering into transactions under subsection 
(a), the Director may utilize such peer review procedures (including 
consultation with appropriate scientific experts) as the Director 
determines to be appropriate to obtain assessments of scientific and 
technical merit. Such procedures shall apply to such transactions in 
lieu of the peer review and advisory council review procedures that 
would otherwise be required under sections 301(a)(3), 405(b)(1)(B), 
405(b)(2), 406(a)(3)(A), 492, and 494 of the PHS Act.
    Sec. 215.  Funds which are available for Individual Learning 
Accounts for employees of the Centers for Disease Control and 
Prevention (``CDC'') and the Agency for Toxic Substances and Disease 
Registry (``ATSDR'') may be transferred to ``Disease Control, Research, 
and Training'', to be available only for Individual Learning Accounts: 
Provided, That such funds may be used for any individual full-time 
equivalent employee while such employee is employed either by CDC or 
ATSDR.
    Sec. 216.  Notwithstanding any other provisions of law, funds made 
available in this Act may be used to continue operating the Council on 
Graduate Medical Education established by section 301 of Public Law 
102-408.
    Sec. 217.  Not to exceed $35,000,000  of funds appropriated by this 
Act to the institutes and centers of the National Institutes of Health 
may be used for alteration, repair, or improvement of facilities, as 
necessary for the proper and efficient conduct of the activities 
authorized herein, at not to exceed $2,500,000 per project.

                          (transfer of funds)

    Sec. 218.  Of the amounts made available for the National 
Institutes of Health, 1 percent of the amount made available for 
National Research Service Awards (``NRSA'') shall be made available to 
the Administrator of the Health Resources and Services Administration 
to make NRSA awards for research in primary medical care to individuals 
affiliated with entities who have received grants or contracts under 
section 747 of the Public Health Service Act, and 1 percent of the 
amount made available for NRSA shall be made available to the Director 
of the Agency for Healthcare Research and Quality to make NRSA awards 
for health service research.
    Sec. 219.  By May 1, 2010, the Secretary of the Department of 
Health and Human Services shall amend regulations at 42 CFR Part 50 
Subpart F for the purpose of strengthening Federal and institutional 
oversight and identifying enhancements, including requirements for 
financial disclosure to institutions, governing financial conflicts of 
interest among extramural investigators receiving grant support from 
the National Institutes of Health.
    This title may be cited as the ``Department of Health and Human 
Services Appropriations Act, 2010''.

                               TITLE III

                        DEPARTMENT OF EDUCATION

                    Education for the Disadvantaged

    For carrying out title I of the Elementary and Secondary Education 
Act of 1965 (``ESEA'') and section 418A of the Higher Education Act of 
1965, $15,914,666,000, of which $4,954,510,000 shall become available 
on July 1, 2010, and shall remain available through September 30, 2011, 
and of which $10,841,176,000 shall become available on October 1, 2010, 
and shall remain available through September 30, 2011, for academic 
year 2010-2011: Provided, That $6,597,946,000 shall be for basic grants 
under section 1124 of the ESEA: Provided further, That up to $4,000,000 
of these funds shall be available to the Secretary of Education on 
October 1, 2009, to obtain annually updated local educational-agency-
level census poverty data from the Bureau of the Census: Provided 
further, That $1,365,031,000 shall be for concentration grants under 
section 1124A of the ESEA: Provided further, That $3,264,712,000 shall 
be for targeted grants under section 1125 of the ESEA: Provided 
further, That $3,264,712,000 shall be for education finance incentive 
grants under section 1125A of the ESEA: Provided further, That 
$9,167,000 shall be to carry out sections 1501 and 1503 of the ESEA: 
Provided further, That $545,633,000 shall be available for school 
improvement grants under section 1003(g) of the ESEA, which shall be 
allocated by the Secretary through the formula described in section 
1003(g)(2) and shall be used consistent with the requirements of 
section 1003(g), except that State and local educational agencies may 
use such funds (and funds appropriated for section 1003(g) under the 
American Recovery and Reinvestment Act) to serve any school eligible to 
receive assistance under part A of title I that has not made adequate 
yearly progress for at least 2 years or is in the State's lowest 
quintile of performance based on proficiency rates and, in the case of 
secondary schools, priority shall be given to those schools with 
graduation rates below 60 percent: Provided further, That 
notwithstanding section 1003(g)(5)(A), each State educational agency 
may establish a maximum subgrant size of not more than $2,000,000 for 
each participating school applicable to such funds and to the funds 
appropriated for section 1003(g) under the American Recovery and 
Reinvestment Act: Provided further, That the ESEA title I, part A funds 
awarded to local educational agencies under the American Recovery and 
Reinvestment Act of 2009 for fiscal year 2009 shall not be considered 
for the purpose of calculating hold-harmless amounts under subsections 
1122(c) and 1125A(g)(3) in making allocations under title I, part A for 
fiscal year 2010 and succeeding years and, notwithstanding section 
1003(e), shall not be considered for the purpose of reserving funds 
under section 1003(a): Provided further, That $250,000,000 shall be 
available under section 1502 of the ESEA for a comprehensive literacy 
development and education program to advance literacy skills, including 
pre-literacy skills, reading, and writing, for students from birth 
through grade 12, including limited-English-proficient students and 
students with disabilities, of which one-half of 1 percent shall be 
reserved for the Secretary of the Interior for such a program at 
schools funded by the Bureau of Indian Education, one-half of 1 percent 
shall be reserved for grants to the outlying areas for such a program, 
$10,000,000 shall be reserved for formula grants to States based on 
each State's relative share of funds under part A of title I of the 
ESEA for fiscal year 2009 (excluding funds awarded under the American 
Recovery and Reinvestment Act of 2009), except that no State shall 
receive less than $150,000, to establish or support a State Literacy 
Team with expertise in literacy development and education for children 
from birth through grade 12 to assist the State in developing a 
comprehensive literacy plan, up to 5 percent may be reserved for 
national activities, and the remainder shall be used to award 
competitive grants to State educational agencies for such a program, of 
which a State educational agency may reserve up to 5 percent for State 
leadership activities, including technical assistance and training, 
data collection, reporting, and administration, and shall subgrant not 
less than 95 percent to local educational agencies or, in the case of 
early literacy, to local educational agencies or other nonprofit 
providers of early childhood education that partner with a public or 
private nonprofit organization or agency with a demonstrated record of 
effectiveness in improving the early literacy development of children 
from birth through kindergarten entry and in providing professional 
development in early literacy, giving priority to such agencies or 
other entities serving greater numbers or percentages of disadvantaged 
children: Provided further, That the State educational agency shall 
ensure that at least 15 percent of the subgranted funds are used to 
serve children from birth through age 5, 40 percent are used to serve 
students in kindergarten through grade 5, and 40 percent are used to 
serve students in middle and high school including an equitable 
distribution of funds between middle and high schools: Provided 
further, That eligible entities receiving subgrants from State 
educational agencies shall use such funds for services and activities 
that have the characteristics of effective literacy instruction through 
professional development, screening and assessment, targeted 
interventions for students reading below grade level and other 
research-based methods of improving classroom instruction and practice.

                               Impact Aid

    For carrying out programs of financial assistance to federally 
affected schools authorized by title VIII of the Elementary and 
Secondary Education Act of 1965, $1,276,183,000, of which 
$1,138,000,000 shall be for basic support payments under section 
8003(b), $48,602,000 shall be for payments for children with 
disabilities under section 8003(d), $17,509,000 shall be for 
construction under section 8007(a), $67,208,000 shall be for Federal 
property payments under section 8002, and $4,864,000, to remain 
available until expended, shall be for facilities maintenance under 
section 8008: Provided, That for purposes of computing the amount of a 
payment for an eligible local educational agency under section 8003(a) 
for school year 2009-2010, children enrolled in a school of such agency 
that would otherwise be eligible for payment under section 
8003(a)(1)(B) of such Act, but due to the deployment of both parents or 
legal guardians, or a parent or legal guardian having sole custody of 
such children, or due to the death of a military parent or legal 
guardian while on active duty (so long as such children reside on 
Federal property as described in section 8003(a)(1)(B)), are no longer 
eligible under such section, shall be considered as eligible students 
under such section, provided such students remain in average daily 
attendance at a school in the same local educational agency they 
attended prior to their change in eligibility status.

                      School Improvement Programs

    For carrying out school improvement activities authorized by parts 
A, B, and D of title II, part B of title IV, subparts 6 and 9 of part D 
of title V, parts A and B of title VI, and parts B and C of title VII 
of the Elementary and Secondary Education Act of 1965 (``ESEA''); the 
McKinney-Vento Homeless Assistance Act; section 203 of the Educational 
Technical Assistance Act of 2002; the Compact of Free Association 
Amendments Act of 2003; part Z of title VIII of the Higher Education 
Act (``HEA''); and the Civil Rights Act of 1964, $5,228,444,000, of 
which $3,363,993,000 shall become available on July 1, 2010, and remain 
available through September 30, 2011, and of which $1,681,441,000 shall 
become available on October 1, 2010, and shall remain available through 
September 30, 2011, for academic year 2010-2011: Provided, That funds 
made available to carry out part B of title VII of the ESEA may be used 
for construction, renovation, and modernization of any elementary 
school, secondary school, or structure related to an elementary school 
or secondary school, run by the Department of Education of the State of 
Hawaii, that serves a predominantly Native Hawaiian student body: 
Provided further, That from the funds referred to in the preceding 
proviso, not less than $1,500,000 shall be for the activities described 
in such proviso and $1,500,000 shall be for a grant to the University 
of Hawaii School of Law for a Center of Excellence in Native Hawaiian 
law: Provided further, That from the funds referred to in the second 
preceding proviso, $500,000 shall be for part Z of title VIII of the 
HEA: Provided further, That funds made available to carry out part C of 
title VII of the ESEA may be used for construction: Provided further, 
That up to 100 percent of the funds available to a State educational 
agency under part D of title II of the ESEA may be used for subgrants 
described in section 2412(a)(2)(B) of such Act: Provided further, That 
funds made available under this heading for section 2421 of the ESEA 
may be used for activities authorized under section 802 of the Higher 
Education Opportunity Act: Provided further, That $56,313,000 shall be 
available to carry out section 203 of the Educational Technical 
Assistance Act of 2002: Provided further, That $34,391,000 shall be 
available to carry out part D of title V of the ESEA: Provided further, 
That no funds appropriated under this heading may be used to carry out 
section 5494 under the ESEA: Provided further, That $17,687,000 shall 
be available to carry out the Supplemental Education Grants program for 
the Federated States of Micronesia and the Republic of the Marshall 
Islands: Provided further, That up to 5 percent of these amounts may be 
reserved by the Federated States of Micronesia and the Republic of the 
Marshall Islands to administer the Supplemental Education Grants 
programs and to obtain technical assistance, oversight and consultancy 
services in the administration of these grants and to reimburse the 
United States Departments of Labor, Health and Human Services, and 
Education for such services: Provided further, That $9,729,000 of the 
funds available for the Foreign Language Assistance Program shall be 
available for 5-year grants to local educational agencies that would 
work in partnership with one or more institutions of higher education 
to establish or expand articulated programs of study in languages 
critical to United States national security that will enable successful 
students to advance from elementary school through college to achieve a 
superior level of proficiency in those languages: Provided further, 
That of the funds available for section 2103(a) of the ESEA, $5,000,000 
shall be available to continue a national school leadership partnership 
initiative as described in the statement of the managers on the 
conference report accompanying this Act.

                            Indian Education

    For expenses necessary to carry out, to the extent not otherwise 
provided, title VII, part A of the Elementary and Secondary Education 
Act of 1965, $127,282,000.

                       Innovation and Improvement

    For carrying out activities authorized by part G of title I, 
subpart 5 of part A and parts C and D of title II, parts B, C, and D of 
title V, and section 1504 of the Elementary and Secondary Education Act 
of 1965 (``ESEA''), and by part F of title VIII of the Higher Education 
Act of 1965, $1,389,065,000: Provided, That $10,649,000 shall be 
provided to the National Board for Professional Teaching Standards to 
carry out section 2151(c) of the ESEA: Provided further, That from 
funds for subpart 4, part C of title II of the ESEA, up to 3 percent 
shall be available to the Secretary of Education for technical 
assistance and dissemination of information: Provided further, That 
$671,570,000 shall be available to carry out part D of title V of the 
ESEA: Provided further, That $88,791,000 shall be used for the 
projects, and in the amounts, specified in the statement of the 
managers on the conference report accompanying this Act: Provided 
further, That $1,000,000 shall be for a national clearinghouse that 
will collect and disseminate information on effective educational 
practices and the latest research regarding the planning, design, 
financing, construction, improvement, operation, and maintenance of 
safe, healthy, high-performance public facilities for nursery and pre-
kindergarten, kindergarten through grade 12, and higher education: 
Provided further, That $400,000,000 of the funds for subpart 1 of part 
D of title V of the ESEA shall be for competitive grants to local 
educational agencies, including charter schools that are local 
educational agencies, or States, or partnerships of: (1) a local 
educational agency, a State, or both; and (2) at least one non-profit 
organization to develop and implement performance-based compensation 
systems for teachers, principals, and other personnel in high-need 
schools: Provided further, That such performance-based compensation 
systems must consider gains in student academic achievement as well as 
classroom evaluations conducted multiple times during each school year 
among other factors and provide educators with incentives to take on 
additional responsibilities and leadership roles: Provided further, 
That recipients of such grants shall demonstrate that such performance-
based systems are developed with the input of teachers and school 
leaders in the schools and local educational agencies to be served by 
the grant: Provided further, That recipients of such grants may use 
such funds to develop or improve systems and tools (which may be 
developed and used for the entire local educational agency or only for 
schools served under the grant) that would enhance the quality and 
success of the compensation system, such as high-quality teacher 
evaluations and tools to measure growth in student achievement: 
Provided further, That applications for such grants shall include a 
plan to sustain financially the activities conducted and systems 
developed under the grant once the grant period has expired: Provided 
further, That up to 5 percent of such funds for competitive grants 
shall be available for technical assistance, training, peer review of 
applications, program outreach and evaluation activities: Provided 
further, That of the funds available for part B of title V of the ESEA, 
the Secretary shall use up to $23,082,000 to carry out activities under 
section 5205(b) and under subpart 2: Provided further, That of the 
funds available for subpart 1 of part B of title V of the ESEA, and 
notwithstanding section 5205(a), the Secretary may reserve up to 
$50,000,000 to make multiple awards to non-profit charter management 
organizations and other entities that are not for-profit entities for 
the replication and expansion of successful charter school models and 
shall reserve $10,000,000 to carry out the activities described in 
section 5205(a), including by providing technical assistance to 
authorized public chartering agencies in order to increase the number 
of high-performing charter schools: Provided further, That the funds 
referenced in the preceding proviso shall not be obligated prior to 
submission of a report to the Committees on Appropriations of the House 
of Representatives and the Senate detailing the planned uses of such 
funds: Provided further, That each application submitted pursuant to 
section 5203(a) shall describe a plan to monitor and hold accountable 
authorized public chartering agencies through such activities as 
providing technical assistance or establishing a professional 
development program, which may include planning, training and systems 
development for staff of authorized public chartering agencies to 
improve the capacity of such agencies in the State to authorize, 
monitor, and hold accountable charter schools: Provided further, That 
each application submitted pursuant to section 5203(a) shall contain 
assurances that State law, regulations, or other policies require that: 
(1) each authorized charter school in the State operate under a legally 
binding charter or performance contract between itself and the school's 
authorized public chartering agency that describes the obligations and 
responsibilities of the school and the public chartering agency; 
conduct annual, timely, and independent audits of the school's 
financial statements that are filed with the school's authorized public 
chartering agency; and demonstrate improved student academic 
achievement; and (2) authorized public chartering agencies use 
increases in student academic achievement for all groups of students 
described in section 1111(b)(2)(C)(v) of the ESEA as the most important 
factor when determining to renew or revoke a school's charter: Provided 
further, That from the funds for subpart 1 of part D of title V of the 
ESEA, $12,000,000 shall be for competitive awards to local educational 
agencies located in counties in Louisiana, Mississippi, and Texas that 
were designated by the Federal Emergency Management Agency as counties 
eligible for individual assistance due to damage caused by Hurricanes 
Katrina, Ike, or Gustav: Provided further, That such awards shall be 
used to improve education in areas affected by such hurricanes and 
shall be for such activities as replacing instructional materials and 
equipment; paying teacher incentives; modernizing or renovating or 
repairing school buildings; beginning or expanding Advanced Placement 
or other rigorous courses; supporting the expansion of charter schools; 
and supporting after-school or extended learning time activities.

                 Safe Schools and Citizenship Education

    For carrying out activities authorized by subpart 3 of part C of 
title II, part A of title IV, and subparts 2, 3 and 10 of part D of 
title V of the Elementary and Secondary Education Act of 1965, 
$393,053,000: Provided, That $224,053,000 shall be available for 
subpart 2 of part A of title IV, of which $8,212,000 shall be used for 
activities authorized under subpart 3 of part D of title V: Provided 
further, That $134,000,000 shall be available to carry out part D of 
title V: Provided further, That of the funds available to carry out 
subpart 3 of part C of title II, up to $13,383,000 may be used to carry 
out section 2345 and $2,957,000 shall be used by the Center for Civic 
Education to implement a comprehensive program to improve public 
knowledge, understanding, and support of the Congress and the State 
legislatures.

                      English Language Acquisition

    For carrying out part A of title III of the Elementary and 
Secondary Education Act of 1965, $750,000,000, which shall become 
available on July 1, 2010, and shall remain available through September 
30, 2011, except that 6.5 percent of such amount shall be available on 
October 1, 2009, and shall remain available through September 30, 2011, 
to carry out activities under section 3111(c)(1)(C): Provided, That the 
Secretary of Education shall use estimates of the American Community 
Survey child counts for the most recent 3-year period available to 
calculate allocations under such part.

                           Special Education

    For carrying out the Individuals with Disabilities Education Act 
(``IDEA'') and the Special Olympics Sport and Empowerment Act of 2004, 
$12,587,035,000, of which $3,726,354,000 shall become available on July 
1, 2010, and shall remain available through September 30, 2011, and of 
which $8,592,383,000 shall become available on October 1, 2010, and 
shall remain available through September 30, 2011, for academic year 
2010-2011: Provided, That $13,250,000 shall be for Recording for the 
Blind and Dyslexic, Inc., to support the development, production, and 
circulation of accessible educational materials: Provided further, That 
$737,000 shall be for the recipient of funds provided by Public Law 
105-78 under section 687(b)(2)(G) of the IDEA (as in effect prior to 
the enactment of the Individuals with Disabilities Education 
Improvement Act of 2004) to provide information on diagnosis, 
intervention, and teaching strategies for children with disabilities: 
Provided further, That the amount for section 611(b)(2) of the IDEA 
shall be equal to the lesser of the amount available for that activity 
during fiscal year 2009, increased by the amount of inflation as 
specified in section 619(d)(2)(B) of the IDEA, or the percent change in 
the funds appropriated under section 611(i) of the IDEA, but not less 
than the amount for that activity during fiscal year 2009: Provided 
further, That the part B and C funds awarded to States under the 
American Recovery and Reinvestment Act of 2009 for fiscal year 2009 
shall not be considered for the purposes of calculating State 
allocations under sections 611, 619, and 643 for fiscal year 2010 and 
succeeding years: Provided further, That funds made available for the 
Special Olympics Sport and Empowerment Act of 2004 may be used to 
support expenses associated with the Special Olympics National and 
World games.

            Rehabilitation Services and Disability Research

    For carrying out, to the extent not otherwise provided, the 
Rehabilitation Act of 1973, the Assistive Technology Act of 1998, and 
the Helen Keller National Center Act, $3,506,861,000: Provided, That 
for purposes of determining whether a State may administer the Centers 
for Independent Living program under section 723 of the Rehabilitation 
Act, for fiscal year 2010, the Secretary shall exclude American 
Recovery and Reinvestment Act of 2009 funds awarded in fiscal year 2009 
from the calculation of Federal funding allotted under section 721(c) 
and (d) of the Rehabilitation Act: Provided further, That $5,095,000 
shall be used for the projects, and in the amounts, specified under the 
heading ``Rehabilitation Services and Disability Research'' in the 
statement of the managers on the conference report accompanying this 
Act.

           Special Institutions for Persons With Disabilities

                 american printing house for the blind

    For carrying out the Act of March 3, 1879, $24,600,000.

               national technical institute for the deaf

    For the National Technical Institute for the Deaf under titles I 
and II of the Education of the Deaf Act of 1986, $68,437,000, of which 
$5,400,000 shall be for construction and shall remain available until 
expended: Provided, That from the total amount available, the Institute 
may at its discretion use funds for the endowment program as authorized 
under section 207 of such Act.

                          gallaudet university

    For the Kendall Demonstration Elementary School, the Model 
Secondary School for the Deaf, and the partial support of Gallaudet 
University under titles I and II of the Education of the Deaf Act of 
1986, $123,000,000, of which $5,000,000 shall be for construction and 
shall remain available until expended: Provided, That from the total 
amount available, the University may at its discretion use funds for 
the endowment program as authorized under section 207 of such Act.

                 Career, Technical, and Adult Education

    For carrying out, to the extent not otherwise provided, the Carl D. 
Perkins Career and Technical Education Act of 2006, the Adult Education 
and Family Literacy Act (``AEFLA''), subpart 4 of part D of title V of 
the Elementary and Secondary Education Act of 1965 (``ESEA'') and title 
VIII-D of the Higher Education Amendments of 1998, $2,016,447,000, of 
which $4,400,000 shall become available on October 1, 2009, and remain 
available through September 30, 2011, of which $1,221,047,000 shall 
become available on July 1, 2010, and shall remain available through 
September 30, 2011, and of which $791,000,000 shall become available on 
October 1, 2010, and shall remain available through September 30, 2011: 
Provided, That in allocating AEFLA State grants, the Secretary of 
Education shall first distribute up to $45,907,000 to those States and 
outlying areas that, due to administrative error, were underpaid for 
fiscal years 2003 through 2008 in the amounts such States and outlying 
areas were underpaid: Provided further, That the Secretary shall not 
reduce the allocations for those years to the States and outlying areas 
that were overpaid through such error, or take other corrective action 
with respect to those overpayments: Provided further, That the 
additional funds provided to States and outlying areas to correct the 
administrative error shall not be considered in determining the ``hold 
harmless'' amounts under section 211(f) of the AEFLA for fiscal year 
2011 or subsequent fiscal years: Provided further, That of the amount 
provided for Adult Education State Grants, $75,000,000 shall be made 
available for integrated English literacy and civics education services 
to immigrants and other limited English proficient populations: 
Provided further, That of the amount reserved for integrated English 
literacy and civics education, notwithstanding section 211 of the 
AEFLA, 65 percent shall be allocated to States based on a State's 
absolute need as determined by calculating each State's share of a 10-
year average of the United States Citizenship and Immigration Services 
data for immigrants admitted for legal permanent residence for the 10 
most recent years, and 35 percent allocated to States that experienced 
growth as measured by the average of the 3 most recent years for which 
United States Citizenship and Immigration Services data for immigrants 
admitted for legal permanent residence are available, except that no 
State shall be allocated an amount less than $60,000: Provided further, 
That of the amounts made available for AEFLA, $11,346,000 shall be for 
national leadership activities under section 243: Provided further, 
That $88,000,000 shall be available to support the activities 
authorized under subpart 4 of part D of title V of the ESEA, of which 
up to 5 percent shall become available on October 1, 2009, and shall 
remain available through September 30, 2011, for evaluation, technical 
assistance, school networks, peer review of applications, and program 
outreach activities, and of which not less than 95 percent shall become 
available on July 1, 2010, and remain available through September 30, 
2011, for grants to local educational agencies: Provided further, That 
funds made available to local educational agencies under this subpart 
shall be used only for activities related to establishing smaller 
learning communities within large high schools or small high schools 
that provide alternatives for students enrolled in large high schools: 
Provided further, That the Secretary of Education may use amounts 
available under this heading for the necessary costs of any closeout of 
the National Institute for Literacy.

                      Student Financial Assistance

                     (including deferral of funds)

    For carrying out subparts 1, 3, and 4 of part A, part C and part E 
of title IV of the Higher Education Act of 1965, $19,296,809,000, which 
shall remain available through September 30, 2011.
    The maximum Pell Grant for which a student shall be eligible during 
award year 2010-2011 shall be $4,860.
    Of the funds made available under section 401A(e)(1)(D) of the 
Higher Education Act of 1965, $561,000,000 shall not be available until 
October 1, 2010.

                       Student Aid Administration

    For Federal administrative expenses to carry out part D of title I, 
and subparts 1, 3, 4, and 9 of part A, and parts B, C, D, and E of 
title IV of the Higher Education Act of 1965, $870,402,000, which shall 
remain available until expended.

                            Higher Education

    For carrying out, to the extent not otherwise provided, titles II, 
III, IV, V, VI, VII, and VIII of the Higher Education Act of 1965 
(``HEA''), section 1543 of the Higher Education Amendments of 1992, the 
Mutual Educational and Cultural Exchange Act of 1961, title VIII of the 
Higher Education Amendments of 1998, part I of subtitle A of title VI 
of the America COMPETES Act, and section 117 of the Carl D. Perkins 
Career and Technical Education Act of 2006, $2,255,665,000: Provided, 
That $9,687,000, to remain available through September 30, 2011, shall 
be available to fund fellowships for academic year 2011-2012 under 
subpart 1 of part A of title VII of the HEA, under the terms and 
conditions of such subpart 1: Provided further, That $609,000 shall be 
for data collection and evaluation activities for programs under the 
HEA, including such activities needed to comply with the Government 
Performance and Results Act of 1993: Provided further, That 
notwithstanding any other provision of law, funds made available in 
this Act to carry out title VI of the HEA and section 102(b)(6) of the 
Mutual Educational and Cultural Exchange Act of 1961 may be used to 
support visits and study in foreign countries by individuals who are 
participating in advanced foreign language training and international 
studies in areas that are vital to United States national security and 
who plan to apply their language skills and knowledge of these 
countries in the fields of government, the professions, or 
international development: Provided further, That of the funds referred 
to in the preceding proviso up to 1 percent may be used for program 
evaluation, national outreach, and information dissemination 
activities: Provided further, That notwithstanding any other provision 
of law, a recipient of a multi-year award under section 316 of the HEA, 
as that section was in effect prior to the date of enactment of the 
Higher Education Opportunity Act (``HEOA''), that would have otherwise 
received a continuation award for fiscal year 2010 under that section, 
shall receive under section 316, as amended by the HEOA, not less than 
the amount that such recipient would have received under such a 
continuation award: Provided further, That the portion of the funds 
received under section 316 by a recipient described in the preceding 
proviso that is equal to the amount of such continuation award shall be 
used in accordance with the terms of such continuation award: Provided 
further, That $1,500,000, to remain available until expended, shall be 
available to carry out a scholarship program for the purpose of 
increasing the skilled workforce for industrial health and safety 
occupations, including mine safety: Provided further, That the 
Secretary of Education shall identify these scholarships as ``Erma Byrd 
Scholarships'': Provided further, That such scholarships shall be 
awarded without regard to an applicant's prior work experience, but the 
Secretary shall, notwithstanding section 437 of the General Education 
Provisions Act and 5 U.S.C. 553, by notice in the Federal Register, 
establish the eligibility requirements, service obligations, payback 
requirements, and other program requirements similar to those specified 
in section 515 of the Federal Mine Safety and Health Act as are 
necessary to implement such a program: Provided further, That such 
scholarship funds may be used to replace a student's expected family 
contribution, but institutions accepting such scholarship funds may not 
use these funds to supplant existing institutional aid: Provided 
further, That the Secretary shall be authorized to accept contributions 
for such scholarships from private sources: Provided further, That 
these funds shall be used for scholarships for academic year 2010-2011 
and may be available for scholarships in academic year 2011-2012: 
Provided further, That $101,507,000 shall be used for the projects, and 
in the amounts, specified under the heading ``Higher Education'' in the 
statement of the managers on the conference report accompanying this 
Act: provided further, That $17,750,000 shall be used for the programs 
specified under the ``Fund for the Improvement of Post Secondary 
Education'' in the statement of the managers in accordance with the 
specified sections.

                           Howard University

    For partial support of Howard University, $234,977,000, of which 
not less than $3,600,000 shall be for a matching endowment grant 
pursuant to the Howard University Endowment Act and shall remain 
available until expended.

         College Housing and Academic Facilities Loans Program

    For Federal administrative expenses to carry out activities related 
to existing facility loans pursuant to section 121 of the Higher 
Education Act of 1965, $461,000.

  Historically Black College and University Capital Financing Program 
                                Account

    For the cost of guaranteed loans, $20,228,000, as authorized 
pursuant to part D of title III of the Higher Education Act of 1965 
(``HEA''): Provided, That such costs, including the cost of modifying 
such loans, shall be as defined in section 502 of the Congressional 
Budget Act of 1974: Provided further, That these funds are available to 
subsidize total loan principal, any part of which is to be guaranteed, 
not to exceed $178,221,000.
    In addition, for administrative expenses to carry out the 
Historically Black College and University Capital Financing Program 
entered into pursuant to part D of title III of the HEA, $354,000.

                    Institute of Education Sciences

    For carrying out activities authorized by the Education Sciences 
Reform Act of 2002, the National Assessment of Educational Progress 
Authorization Act, section 208 of the Educational Technical Assistance 
Act of 2002, and section 664 of the Individuals with Disabilities 
Education Act, $659,006,000, of which $588,356,000 shall be available 
through September 30, 2011: Provided, That funds available to carry out 
section 208 of the Educational Technical Assistance Act may be used for 
Statewide data systems that include postsecondary and workforce 
information and information on children of all ages: Provided further, 
That up to $10,000,000 of the funds available to carry out section 208 
of the Educational Technical Assistance Act may be used for State data 
coordinators and for awards to public or private organizations or 
agencies to improve data coordination, quality, and use.

                        Departmental Management

                         program administration

    For carrying out, to the extent not otherwise provided, the 
Department of Education Organization Act, including rental of 
conference rooms in the District of Columbia and hire of three 
passenger motor vehicles, $456,200,000, of which $8,200,000, to remain 
available until expended, shall be for relocation of, and renovation of 
buildings occupied by, Department staff.

                        office for civil rights

    For expenses necessary for the Office for Civil Rights, as 
authorized by section 203 of the Department of Education Organization 
Act, $103,024,000.

                    office of the inspector general

    For expenses necessary for the Office of the Inspector General, as 
authorized by section 212 of the Department of Education Organization 
Act, $60,053,000.

                           General Provisions

    Sec. 301.  No funds appropriated in this Act may be used for the 
transportation of students or teachers (or for the purchase of 
equipment for such transportation) in order to overcome racial 
imbalance in any school or school system, or for the transportation of 
students or teachers (or for the purchase of equipment for such 
transportation) in order to carry out a plan of racial desegregation of 
any school or school system.
    Sec. 302.  None of the funds contained in this Act shall be used to 
require, directly or indirectly, the transportation of any student to a 
school other than the school which is nearest the student's home, 
except for a student requiring special education, to the school 
offering such special education, in order to comply with title VI of 
the Civil Rights Act of 1964. For the purpose of this section an 
indirect requirement of transportation of students includes the 
transportation of students to carry out a plan involving the 
reorganization of the grade structure of schools, the pairing of 
schools, or the clustering of schools, or any combination of grade 
restructuring, pairing or clustering. The prohibition described in this 
section does not include the establishment of magnet schools.
    Sec. 303.  No funds appropriated in this Act may be used to prevent 
the implementation of programs of voluntary prayer and meditation in 
the public schools.

                          (transfer of funds)

    Sec. 304.  Not to exceed 1 percent of any discretionary funds 
(pursuant to the Balanced Budget and Emergency Deficit Control Act of 
1985) which are appropriated for the Department of Education in this 
Act may be transferred between appropriations, but no such 
appropriation shall be increased by more than 3 percent by any such 
transfer: Provided, That the transfer authority granted by this section 
shall be available only to meet emergency needs and shall not be used 
to create any new program or to fund any project or activity for which 
no funds are provided in this Act: Provided further, That the 
Committees on Appropriations of the House of Representatives and the 
Senate are notified at least 15 days in advance of any transfer.
    Sec. 305.  The Outlying Areas may consolidate funds received under 
this Act, pursuant to 48 U.S.C. 1469a, under part A of title V of the 
Elementary and Secondary Education Act.
    Sec. 306.  None of the funds made available in the sixth proviso 
under the heading ``Innovation and Improvement'' in this Act shall be 
made available for new awards under the Teacher Incentive Fund prior to 
the submission of an impact evaluation plan to the Committees on 
Appropriations of the House of Representatives and the Senate.
    Sec. 307.  Section 14007 of division A of the American Recovery and 
Reinvestment Act of 2009 is amended--
        (1) by amending subsection (a)(3) to read as follows:
        ``(3) Purpose of awards.--The Secretary shall make awards to 
    eligible entities in order to identify, document, and bring to 
    scale innovative best practices based on demonstrated success, to 
    allow such eligible entities to--
            ``(A) expand their work and serve as models for best 
        practices; and
            ``(B) work in partnership with the private sector and the 
        philanthropic community.'';
        (2) in subsection (b)--
            (A) by redesignating paragraphs (1) through (4) as 
        paragraphs (1)(A), (1)(B), (2), and (3), respectively;
            (B) in paragraph (1)(A), as so redesignated, by inserting 
        ``or'' after the semicolon;
            (C) by amending paragraph (1)(B), as so redesignated, to 
        read as follows:
        ``(B) have demonstrated success in significantly increasing 
    student academic achievement for all groups of students described 
    in such section;''; and
            (D) in paragraph (3), as so redesignated, by striking 
        ``they have established partnerships'' and inserting ``it has 
        established one or more partnerships'';
        (3) in subsection (c), by striking ``paragraphs'' and all that 
    follows through ``such requirements'' and inserting ``paragraphs 
    (1)(A) or (1)(B) and (2) of subsection (b) if the nonprofit 
    organization has a record of significantly improving student 
    achievement, attainment, or retention and shall be considered to 
    have met the requirements of subsection (b)(3) if it demonstrates 
    that it will meet the requirement relating to private-sector 
    matching''; and
        (4) by adding at the end a new subsection (d) to read as 
    follows:
    ``(d) Subgrants.--In the case of an eligible entity that is a 
partnership described in subsection (a)(1)(B), the partner serving as 
the fiscal agent may make subgrants to one or more of the other 
entities in the partnership.''.
    Sec. 308.  Section 307 of the Departments of Labor, Health and 
Human Services, and Education, and Related Agencies Appropriations Act, 
2008 is amended by striking ``and 2009'' each place the term occurs and 
inserting ``through 2011''.
    Sec. 309.  Section 105(f)(1)(B)(ix) of the Compact of Free 
Association Amendments Act of 2003 (48 U.S.C. 1921d(f)(1)(B)(ix)) shall 
be applied by substituting ``2010'' for ``2009''.
    Sec. 310.  Section 14006(c) of division A of the American Recovery 
and Reinvestment Act of 2009 (Public Law 111-5) is amended--
        (1) by inserting ``(1) In general.--'' before ``Each State''; 
    and
        (2) by adding a new paragraph (2) at the end to read as 
    follows:
        ``(2) Exception.--Paragraph (1) does not apply to grants made 
    by the Secretary to consortia of States to develop academic 
    assessments that are aligned with academic standards.''.
    This title may be cited as the ``Department of Education 
Appropriations Act, 2010''.

                                TITLE IV

                            RELATED AGENCIES

 Committee for Purchase From People Who Are Blind or Severely Disabled

                         salaries and expenses

    For expenses necessary for the Committee for Purchase From People 
Who Are Blind or Severely Disabled established by Public Law 92-28, 
$5,396,000.

             Corporation for National and Community Service

                           operating expenses

    For necessary expenses for the Corporation for National and 
Community Service (``the Corporation'') to carry out the Domestic 
Volunteer Service Act of 1973 (``1973 Act'') and the National and 
Community Service Act of 1990 (``1990 Act''), $857,021,000, of which 
$319,974,000 shall be to carry out the 1973 Act and $537,047,000 shall 
be to carry out the 1990 Act and notwithstanding sections 198B(b)(3), 
198S(g), 501(a)(4)(C), and 501(a)(4)(F) of the 1990 Act: Provided, That 
of the amounts provided under this heading: (1) up to 1 percent of 
program grant funds may be used to defray the costs of conducting grant 
application reviews, including the use of outside peer reviewers and 
electronic management of the grants cycle; (2) $50,000,000 shall be 
available for expenses authorized under section 501(a)(4)(E) of the 
1990 Act; (3) $7,500,000 shall be available for expenses to carry out 
sections 112(e), 179A, and 198O and subtitle J of title I of the 1990 
Act, notwithstanding section 501(a)(6) of the 1990 Act; (4) $5,000,000 
shall be available for grants to public or private nonprofit 
institutions to increase the participation of individuals with 
disabilities in national service and for demonstration activities in 
furtherance of this purpose, notwithstanding section 129(k)(1) of the 
1990 Act; (5) $17,000,000 shall be available to provide assistance to 
State commissions on national and community service, under section 
126(a) of the 1990 Act and notwithstanding section 501(a)(5)(B) of the 
1990 Act; (6) $29,000,000 shall be available to carry out subtitle E of 
the 1990 Act; and (7) $4,000,000 shall be available for expenses 
authorized under section 501(a)(4)(F) of the 1990 Act, which, 
notwithstanding the provisions of section 198P shall be awarded by the 
Corporation on a competitive basis to State commissions.

                         national service trust

                     (including transfer of funds)

    For necessary expenses for the National Service Trust established 
under subtitle D of title I of the National and Community Service Act 
of 1990 (``1990 Act''), $197,000,000, to remain available until 
expended: Provided, That the Corporation for National and Community 
Service may transfer additional funds from the amount provided within 
``Operating Expenses'' allocated to grants under subtitle C of title I 
of the 1990 Act to the National Service Trust upon determination that 
such transfer is necessary to support the activities of national 
service participants and after notice is transmitted to the Committees 
on Appropriations of the House of Representatives and the Senate:  
Provided further, That amounts appropriated for or transferred to the 
National Service Trust may be invested under section 145(b) of the 1990 
Act without regard to the requirement to apportion funds under 31 
U.S.C. 1513(b).

                         salaries and expenses

    For necessary expenses of administration as provided under section 
501(a)(5) of the National and Community Service Act of 1990 and under 
section 504(a) of the Domestic Volunteer Service Act of 1973, including 
payment of salaries, authorized travel, hire of passenger motor 
vehicles, the rental of conference rooms in the District of Columbia, 
the employment of experts and consultants authorized under 5 U.S.C. 
3109, and not to exceed $2,500 for official reception and 
representation expenses, $88,000,000.

                      office of inspector general

    For necessary expenses of the Office of Inspector General in 
carrying out the Inspector General Act of 1978, $7,700,000.

                       administrative provisions

    Sec. 401.  The Corporation for National and Community Service 
(``the Corporation'') shall make any significant changes to program 
requirements, service delivery or policy only through public notice and 
comment rulemaking. For fiscal year 2010, during any grant selection 
process, an officer or employee of the Corporation shall not knowingly 
disclose any covered grant selection information regarding such 
selection, directly or indirectly, to any person other than an officer 
or employee of the Corporation that is authorized by the Corporation to 
receive such information.
    Sec. 402.  AmeriCorps programs receiving grants under the National 
Service Trust program shall meet an overall minimum share requirement 
of 24 percent for the first 3 years that they receive AmeriCorps 
funding, and thereafter shall meet the overall minimum share 
requirement as provided in section 2521.60 of title 45, Code of Federal 
Regulations, without regard to the operating costs match requirement in 
section 121(e) or the member support Federal share limitations in 
section 140 of the National and Community Service Act of 1990, and 
subject to partial waiver consistent with section 2521.70 of title 45, 
Code of Federal Regulations.
    Sec. 403.  Donations made to the Corporation for National and 
Community Service under section 196 of the National and Community 
Service Act of 1990 (``1990 Act'') for the purposes of financing 
programs and operations under titles I and II of the 1973 Act or 
subtitle B, C, D, or E of title I of the 1990 Act shall be used to 
supplement and not supplant current programs and operations.

                  Corporation for Public Broadcasting

    For payment to the Corporation for Public Broadcasting 
(``Corporation''), as authorized by the Communications Act of 1934, an 
amount which shall be available within limitations specified by that 
Act, for the fiscal year 2012, $445,000,000: Provided, That none of the 
funds made available to the Corporation by this Act shall be used to 
pay for receptions, parties, or similar forms of entertainment for 
Government officials or employees: Provided further, That none of the 
funds made available to the Corporation by this Act shall be available 
or used to aid or support any program or activity from which any person 
is excluded, or is denied benefits, or is discriminated against, on the 
basis of race, color, national origin, religion, or sex: Provided 
further, That none of the funds made available to the Corporation by 
this Act shall be used to apply any political test or qualification in 
selecting, appointing, promoting, or taking any other personnel action 
with respect to officers, agents, and employees of the Corporation: 
Provided further, That none of the funds made available to the 
Corporation by this Act shall be used to support the Television Future 
Fund or any similar purpose. In addition, for payment to the 
Corporation for fiscal year 2010, $86,000,000 as follows:
        (1) $25,000,000 shall be for fiscal stabilization grants to 
    public radio and television licensees, with no deduction for 
    administrative or other costs of the Corporation, to maintain local 
    programming and services and preserve jobs threatened by declines 
    in non-Federal revenues due to the downturn in the economy, to be 
    awarded no later than 45 days after enactment of this Act;
        (2) $36,000,000 shall be for costs related to digital program 
    production, development, and distribution associated with the 
    transition of public broadcasting to digital broadcasting, to be 
    awarded as determined by the Corporation in consultation with 
    public radio and television licensees or permittees, or their 
    designated representatives; and
        (3) $25,000,000 is available pursuant to section 396(k)(10) of 
    the Communications Act of 1934 for replacement and upgrade of the 
    public radio interconnection system.

               Federal Mediation and Conciliation Service

                         salaries and expenses

    For expenses necessary for the Federal Mediation and Conciliation 
Service (``Service'') to carry out the functions vested in it by the 
Labor Management Relations Act, 1947, including hire of passenger motor 
vehicles; for expenses necessary for the Labor-Management Cooperation 
Act of 1978; and for expenses necessary for the Service to carry out 
the functions vested in it by the Civil Service Reform Act, 
$46,652,000, including $349,000 for activities authorized by the Labor-
Management Cooperation Act of 1978: Provided, That notwithstanding 31 
U.S.C. 3302, fees charged, up to full-cost recovery, for special 
training activities and other conflict resolution services and 
technical assistance, including those provided to foreign governments 
and international organizations, and for arbitration services shall be 
credited to and merged with this account, and shall remain available 
until expended: Provided further, That fees for arbitration services 
shall be available only for education, training, and professional 
development of the agency workforce: Provided further, That the 
Director of the Service is authorized to accept and use on behalf of 
the United States gifts of services and real, personal, or other 
property in the aid of any projects or functions within the Director's 
jurisdiction.

            Federal Mine Safety and Health Review Commission

                         salaries and expenses

    For expenses necessary for the Federal Mine Safety and Health 
Review Commission, $10,358,000.

                Institute of Museum and Library Services

    office of museum and library services: grants and administration

    For carrying out the Museum and Library Services Act of 1996 and 
the National Museum of African American History and Culture Act, 
$282,251,000, of which $16,382,000 shall be used for the projects, and 
in the amounts, specified under the heading ``Office of Museum and 
Library Services: Grants and Administration'' in the statement of the 
managers on the conference report accompanying this Act.

                  Medicare Payment Advisory Commission

                         salaries and expenses

    For expenses necessary to carry out section 1805 of the Social 
Security Act, $11,800,000, to be transferred to this appropriation from 
the Federal Hospital Insurance Trust Fund and the Federal Supplementary 
Medical Insurance Trust Fund.

                     National Council on Disability

                         salaries and expenses

    For expenses necessary for the National Council on Disability as 
authorized by title IV of the Rehabilitation Act of 1973, $3,271,000.

                     National Labor Relations Board

                         salaries and expenses

    For expenses necessary for the National Labor Relations Board to 
carry out the functions vested in it by the Labor-Management Relations 
Act, 1947, and other laws, $283,400,000: Provided, That no part of this 
appropriation shall be available to organize or assist in organizing 
agricultural laborers or used in connection with investigations, 
hearings, directives, or orders concerning bargaining units composed of 
agricultural laborers as referred to in section 2(3) of the Act of July 
5, 1935, and as amended by the Labor-Management Relations Act, 1947, 
and as defined in section 3(f) of the Act of June 25, 1938, and 
including in said definition employees engaged in the maintenance and 
operation of ditches, canals, reservoirs, and waterways when maintained 
or operated on a mutual, nonprofit basis and at least 95 percent of the 
water stored or supplied thereby is used for farming purposes.

                        National Mediation Board

                         salaries and expenses

    For expenses necessary to carry out the provisions of the Railway 
Labor Act, including emergency boards appointed by the President, 
$13,463,000.

            Occupational Safety and Health Review Commission

                         salaries and expenses

    For expenses necessary for the Occupational Safety and Health 
Review Commission, $11,712,000.

                       Railroad Retirement Board

                     dual benefits payments account

    For payment to the Dual Benefits Payments Account, authorized under 
section 15(d) of the Railroad Retirement Act of 1974, $64,000,000, 
which shall include amounts becoming available in fiscal year 2010 
pursuant to section 224(c)(1)(B) of Public Law 98-76; and in addition, 
an amount, not to exceed 2 percent of the amount provided herein, shall 
be available proportional to the amount by which the product of 
recipients and the average benefit received exceeds the amount 
available for payment of vested dual benefits: Provided, That the total 
amount provided herein shall be credited in 12 approximately equal 
amounts on the first day of each month in the fiscal year.

          federal payments to the railroad retirement accounts

    For payment to the accounts established in the Treasury for the 
payment of benefits under the Railroad Retirement Act for interest 
earned on unnegotiated checks, $150,000, to remain available through 
September 30, 2011, which shall be the maximum amount available for 
payment pursuant to section 417 of Public Law 98-76.

                      limitation on administration

    For necessary expenses for the Railroad Retirement Board 
(``Board'') for administration of the Railroad Retirement Act and the 
Railroad Unemployment Insurance Act, $109,073,000, to be derived in 
such amounts as determined by the Board from the railroad retirement 
accounts and from moneys credited to the railroad unemployment 
insurance administration fund.

             limitation on the office of inspector general

    For expenses necessary for the Office of Inspector General for 
audit, investigatory and review activities, as authorized by the 
Inspector General Act of 1978, not more than $8,186,000, to be derived 
from the railroad retirement accounts and railroad unemployment 
insurance account.

                     Social Security Administration

                payments to social security trust funds

    For payment to the Federal Old-Age and Survivors Insurance Trust 
Fund and the Federal Disability Insurance Trust Fund, as provided under 
sections 201(m), 228(g), and 1131(b)(2) of the Social Security Act, 
$20,404,000.

                  supplemental security income program

    For carrying out titles XI and XVI of the Social Security Act, 
section 401 of Public Law 92-603, section 212 of Public Law 93-66, as 
amended, and section 405 of Public Law 95-216, including payment to the 
Social Security trust funds for administrative expenses incurred 
pursuant to section 201(g)(1) of the Social Security Act, 
$34,742,000,000, to remain available until expended: Provided, That any 
portion of the funds provided to a State in the current fiscal year and 
not obligated by the State during that year shall be returned to the 
Treasury.
    For making, after June 15 of the current fiscal year, benefit 
payments to individuals under title XVI of the Social Security Act, for 
unanticipated costs incurred for the current fiscal year, such sums as 
may be necessary.
    For making benefit payments under title XVI of the Social Security 
Act for the first quarter of fiscal year 2011, $16,000,000,000, to 
remain available until expended.

                 limitation on administrative expenses

    For necessary expenses, including the hire of two passenger motor 
vehicles, and not to exceed $45,000 for official reception and 
representation expenses, not more than $10,800,500,000 may be expended, 
as authorized by section 201(g)(1) of the Social Security Act, from any 
one or all of the trust funds referred to therein: Provided, That not 
less than $2,300,000 shall be for the Social Security Advisory Board: 
Provided further, That unobligated balances of funds provided under 
this paragraph at the end of fiscal year 2010 not needed for fiscal 
year 2010 shall remain available until expended to invest in the Social 
Security Administration information technology and telecommunications 
hardware and software infrastructure, including related equipment and 
non-payroll administrative expenses associated solely with this 
information technology and telecommunications infrastructure: Provided 
further, That reimbursement to the trust funds under this heading for 
expenditures for official time for employees of the Social Security 
Administration pursuant to 5 U.S.C. 7131, and for facilities or support 
services for labor organizations pursuant to policies, regulations, or 
procedures referred to in section 7135(b) of such title shall be made 
by the Secretary of the Treasury, with interest, from amounts in the 
general fund not otherwise appropriated, as soon as possible after such 
expenditures are made.
    From funds provided under the first paragraph, not less than 
$273,000,000 shall be available for the cost associated with conducting 
continuing disability reviews under titles II and XVI of the Social 
Security Act and for the cost associated with conducting 
redeterminations of eligibility under title XVI of the Social Security 
Act.
    In addition to the amounts made available above, and subject to the 
same terms and conditions, $485,000,000, for additional continuing 
disability reviews and redeterminations of eligibility, of which, upon 
a determination by the Office of the Chief Actuary that such initiative 
would be at least as cost effective as redeterminations of eligibility, 
up to $34,000,000 shall be available for one or more initiatives to 
improve asset verification: Provided, That the Commissioner shall 
provide to the Congress (at the conclusion of the fiscal year) a report 
on the obligation and expenditure of these additional amounts, similar 
to the reports that were required by section 103(d)(2) of Public Law 
104-121 for fiscal years 1996 through 2002.
    In addition, $160,000,000 to be derived from administration fees in 
excess of $5.00 per supplementary payment collected pursuant to section 
1616(d) of the Social Security Act or section 212(b)(3) of Public Law 
93-66, which shall remain available until expended. To the extent that 
the amounts collected pursuant to such sections in fiscal year 2010 
exceed $160,000,000, the amounts shall be available in fiscal year 2011 
only to the extent provided in advance in appropriations Acts.
    In addition, up to $1,000,000 to be derived from fees collected 
pursuant to section 303(c) of the Social Security Protection Act, which 
shall remain available until expended.

                      office of inspector general

                     (including transfer of funds)

    For expenses necessary for the Office of Inspector General in 
carrying out the provisions of the Inspector General Act of 1978, 
$29,000,000, together with not to exceed $73,682,000, to be transferred 
and expended as authorized by section 201(g)(1) of the Social Security 
Act from the Federal Old-Age and Survivors Insurance Trust Fund and the 
Federal Disability Insurance Trust Fund.
    In addition, an amount not to exceed 3 percent of the total 
provided in this appropriation may be transferred from the ``Limitation 
on Administrative Expenses'', Social Security Administration, to be 
merged with this account, to be available for the time and purposes for 
which this account is available: Provided, That notice of such 
transfers shall be transmitted promptly to the Committees on 
Appropriations of the House of Representatives and the Senate.

                                TITLE V

                           GENERAL PROVISIONS

    Sec. 501.  The Secretaries of Labor, Health and Human Services, and 
Education are authorized to transfer unexpended balances of prior 
appropriations to accounts corresponding to current appropriations 
provided in this Act. Such transferred balances shall be used for the 
same purpose, and for the same periods of time, for which they were 
originally appropriated.
    Sec. 502.  No part of any appropriation contained in this Act shall 
remain available for obligation beyond the current fiscal year unless 
expressly so provided herein.
    Sec. 503. (a) No part of any appropriation contained in this Act 
shall be used, other than for normal and recognized executive-
legislative relationships, for publicity or propaganda purposes, for 
the preparation, distribution, or use of any kit, pamphlet, booklet, 
publication, radio, television, or video presentation designed to 
support or defeat legislation pending before the Congress or any State 
legislature, except in presentation to the Congress or any State 
legislature itself.
    (b) No part of any appropriation contained in this Act shall be 
used to pay the salary or expenses of any grant or contract recipient, 
or agent acting for such recipient, related to any activity designed to 
influence legislation or appropriations pending before the Congress or 
any State legislature.
    Sec. 504.  The Secretaries of Labor and Education are authorized to 
make available not to exceed $28,000 and $22,000, respectively, from 
funds available for salaries and expenses under titles I and III, 
respectively, for official reception and representation expenses; the 
Director of the Federal Mediation and Conciliation Service is 
authorized to make available for official reception and representation 
expenses not to exceed $5,000 from the funds available for ``Federal 
Mediation and Conciliation Service, Salaries and expenses''; and the 
Chairman of the National Mediation Board is authorized to make 
available for official reception and representation expenses not to 
exceed $5,000 from funds available for ``National Mediation Board, 
Salaries and expenses''.
    Sec. 505.  None of the funds contained in this Act may be used to 
distribute any needle or syringe for the purpose of preventing the 
spread of blood borne pathogens in any location that has been 
determined by the local public health or local law enforcement 
authorities to be inappropriate for such distribution.
    Sec. 506.  When issuing statements, press releases, requests for 
proposals, bid solicitations and other documents describing projects or 
programs funded in whole or in part with Federal money, all grantees 
receiving Federal funds included in this Act, including but not limited 
to State and local governments and recipients of Federal research 
grants, shall clearly state--
        (1) the percentage of the total costs of the program or project 
    which will be financed with Federal money;
        (2) the dollar amount of Federal funds for the project or 
    program; and
        (3) percentage and dollar amount of the total costs of the 
    project or program that will be financed by non-governmental 
    sources.
    Sec. 507. (a) None of the funds appropriated in this Act, and none 
of the funds in any trust fund to which funds are appropriated in this 
Act, shall be expended for any abortion.
    (b) None of the funds appropriated in this Act, and none of the 
funds in any trust fund to which funds are appropriated in this Act, 
shall be expended for health benefits coverage that includes coverage 
of abortion.
    (c) The term ``health benefits coverage'' means the package of 
services covered by a managed care provider or organization pursuant to 
a contract or other arrangement.
    Sec. 508. (a) The limitations established in the preceding section 
shall not apply to an abortion--
        (1) if the pregnancy is the result of an act of rape or incest; 
    or
        (2) in the case where a woman suffers from a physical disorder, 
    physical injury, or physical illness, including a life-endangering 
    physical condition caused by or arising from the pregnancy itself, 
    that would, as certified by a physician, place the woman in danger 
    of death unless an abortion is performed.
    (b) Nothing in the preceding section shall be construed as 
prohibiting the expenditure by a State, locality, entity, or private 
person of State, local, or private funds (other than a State's or 
locality's contribution of Medicaid matching funds).
    (c) Nothing in the preceding section shall be construed as 
restricting the ability of any managed care provider from offering 
abortion coverage or the ability of a State or locality to contract 
separately with such a provider for such coverage with State funds 
(other than a State's or locality's contribution of Medicaid matching 
funds).
    (d)(1) None of the funds made available in this Act may be made 
available to a Federal agency or program, or to a State or local 
government, if such agency, program, or government subjects any 
institutional or individual health care entity to discrimination on the 
basis that the health care entity does not provide, pay for, provide 
coverage of, or refer for abortions.
    (2) In this subsection, the term ``health care entity'' includes an 
individual physician or other health care professional, a hospital, a 
provider-sponsored organization, a health maintenance organization, a 
health insurance plan, or any other kind of health care facility, 
organization, or plan.
    Sec. 509. (a) None of the funds made available in this Act may be 
used for--
        (1) the creation of a human embryo or embryos for research 
    purposes; or
        (2) research in which a human embryo or embryos are destroyed, 
    discarded, or knowingly subjected to risk of injury or death 
    greater than that allowed for research on fetuses in utero under 45 
    CFR 46.204(b) and section 498(b) of the Public Health Service Act 
    (42 U.S.C. 289g(b)).
    (b) For purposes of this section, the term ``human embryo or 
embryos'' includes any organism, not protected as a human subject under 
45 CFR 46 as of the date of the enactment of this Act, that is derived 
by fertilization, parthenogenesis, cloning, or any other means from one 
or more human gametes or human diploid cells.
    Sec. 510. (a) None of the funds made available in this Act may be 
used for any activity that promotes the legalization of any drug or 
other substance included in schedule I of the schedules of controlled 
substances established under section 202 of the Controlled Substances 
Act except for normal and recognized executive-congressional 
communications.
    (b) The limitation in subsection (a) shall not apply when there is 
significant medical evidence of a therapeutic advantage to the use of 
such drug or other substance or that federally sponsored clinical 
trials are being conducted to determine therapeutic advantage.
    Sec. 511.  None of the funds made available in this Act may be used 
to promulgate or adopt any final standard under section 1173(b) of the 
Social Security Act providing for, or providing for the assignment of, 
a unique health identifier for an individual (except in an individual's 
capacity as an employer or a health care provider), until legislation 
is enacted specifically approving the standard.
    Sec. 512.  None of the funds made available in this Act may be 
obligated or expended to enter into or renew a contract with an entity 
if--
        (1) such entity is otherwise a contractor with the United 
    States and is subject to the requirement in 38 U.S.C. 4212(d) 
    regarding submission of an annual report to the Secretary of Labor 
    concerning employment of certain veterans; and
        (2) such entity has not submitted a report as required by that 
    section for the most recent year for which such requirement was 
    applicable to such entity.
    Sec. 513.  None of the funds made available in this Act may be 
transferred to any department, agency, or instrumentality of the United 
States Government, except pursuant to a transfer made by, or transfer 
authority provided in, this Act or any other appropriation Act.
    Sec. 514.  None of the funds made available by this Act to carry 
out the Library Services and Technology Act may be made available to 
any library covered by paragraph (1) of section 224(f) of such Act, as 
amended by the Children's Internet Protection Act, unless such library 
has made the certifications required by paragraph (4) of such section.
    Sec. 515.  None of the funds made available by this Act to carry 
out part D of title II of the Elementary and Secondary Education Act of 
1965 may be made available to any elementary or secondary school 
covered by paragraph (1) of section 2441(a) of such Act, as amended by 
the Children's Internet Protection Act and the No Child Left Behind 
Act, unless the local educational agency with responsibility for such 
covered school has made the certifications required by paragraph (2) of 
such section.
    Sec. 516. (a) None of the funds provided under this Act, or 
provided under previous appropriations Acts to the agencies funded by 
this Act that remain available for obligation or expenditure in fiscal 
year 2010, or provided from any accounts in the Treasury of the United 
States derived by the collection of fees available to the agencies 
funded by this Act, shall be available for obligation or expenditure 
through a reprogramming of funds that--
        (1) creates new programs;
        (2) eliminates a program, project, or activity;
        (3) increases funds or personnel by any means for any project 
    or activity for which funds have been denied or restricted;
        (4) relocates an office or employees;
        (5) reorganizes or renames offices;
        (6) reorganizes programs or activities; or
        (7) contracts out or privatizes any functions or activities 
    presently performed by Federal employees;
unless the Committees on Appropriations of the House of Representatives 
and the Senate are notified 15 days in advance of such reprogramming or 
of an announcement of intent relating to such reprogramming, whichever 
occurs earlier.
    (b) None of the funds provided under this Act, or provided under 
previous appropriations Acts to the agencies funded by this Act that 
remain available for obligation or expenditure in fiscal year 2010, or 
provided from any accounts in the Treasury of the United States derived 
by the collection of fees available to the agencies funded by this Act, 
shall be available for obligation or expenditure through a 
reprogramming of funds in excess of $500,000 or 10 percent, whichever 
is less, that--
        (1) augments existing programs, projects (including 
    construction projects), or activities;
        (2) reduces by 10 percent funding for any existing program, 
    project, or activity, or numbers of personnel by 10 percent as 
    approved by Congress; or
        (3) results from any general savings from a reduction in 
    personnel which would result in a change in existing programs, 
    activities, or projects as approved by Congress;
unless the Committees on Appropriations of the House of Representatives 
and the Senate are notified 15 days in advance of such reprogramming or 
of an announcement of intent relating to such reprogramming, whichever 
occurs earlier.
    Sec. 517. (a) None of the funds made available in this Act may be 
used to request that a candidate for appointment to a Federal 
scientific advisory committee disclose the political affiliation or 
voting history of the candidate or the position that the candidate 
holds with respect to political issues not directly related to and 
necessary for the work of the committee involved.
    (b) None of the funds made available in this Act may be used to 
disseminate scientific information that is deliberately false or 
misleading.
    Sec. 518.  Within 45 days of enactment of this Act, each department 
and related agency funded through this Act shall submit an operating 
plan that details at the program, project, and activity level any 
funding allocations for fiscal year 2010 that are different than those 
specified in this Act, the accompanying detailed table in the statement 
of the managers on the conference report accompanying this Act, or the 
fiscal year 2010 budget request.
    Sec. 519.  The Secretaries of Labor, Health and Human Services, and 
Education shall each prepare and submit to the Committees on 
Appropriations of the House of Representatives and the Senate a report 
on the number and amount of contracts, grants, and cooperative 
agreements exceeding $500,000 in value and awarded by the Department on 
a non-competitive basis during each quarter of fiscal year 2010, but 
not to include grants awarded on a formula basis or directed by law. 
Such report shall include the name of the contractor or grantee, the 
amount of funding, the governmental purpose, including a justification 
for issuing the award on a non-competitive basis. Such report shall be 
transmitted to the Committees within 30 days after the end of the 
quarter for which the report is submitted.
    Sec. 520.  Section 8103(b) of Public Law 110-28 is amended--
        (1) in paragraph (1)(B), by inserting before the semicolon the 
    following: ``, except that, beginning in 2010 and each year 
    thereafter, such increase shall occur on September 30''; and
        (2) in paragraph (2)(C), by inserting before the period the 
    following: ``, except that, beginning in 2010 and each year 
    thereafter, such increase shall occur on September 30''.
    Sec. 521.  None of the funds appropriated in this Act shall be 
expended or obligated by the Commissioner of Social Security, for 
purposes of administering Social Security benefit payments under title 
II of the Social Security Act, to process any claim for credit for a 
quarter of coverage based on work performed under a social security 
account number that is not the claimant's number and the performance of 
such work under such number has formed the basis for a conviction of 
the claimant of a violation of section 208(a)(6) or (7) of the Social 
Security Act.
    Sec. 522.  None of the funds appropriated by this Act may be used 
by the Commissioner of Social Security or the Social Security 
Administration to pay the compensation of employees of the Social 
Security Administration to administer Social Security benefit payments, 
under any agreement between the United States and Mexico establishing 
totalization arrangements between the social security system 
established by title II of the Social Security Act and the social 
security system of Mexico, which would not otherwise be payable but for 
such agreement.
    Sec. 523.  None of the funds made available in this Act may be used 
in contravention of title IV of the Personal Responsibility and Work 
Opportunity Reconciliation Act of 1996 (8 U.S.C. 1611 et seq.).
    Sec. 524. (a) In General.--Strike subparagraphs (B) and (C) that 
appear within section 426(b) of division J of the Consolidated 
Appropriations Act, 2005 (Public Law 108-447) and insert the following:
            ``(B) Secretary of homeland security.--One-third of the 
        amounts deposited into the Fraud Prevention and Detection 
        Account shall remain available to the Secretary of Homeland 
        Security until expended for programs and activities to prevent 
        and detect immigration benefit fraud, including fraud with 
        respect to petitions filed under paragraph (1) or (2)(A) of 
        section 214(c) to grant an alien nonimmigrant status described 
        in subparagraph (H) or (L) of section 101(a)(15).
            ``(C) Secretary of labor.--One-third of the amounts 
        deposited into the Fraud Prevention and Detection Account shall 
        remain available to the Secretary of Labor until expended for 
        wage and hour enforcement programs and activities otherwise 
        authorized to be conducted by the Secretary of Labor that focus 
        on industries likely to employ nonimmigrants, including 
        enforcement programs and activities described in section 212(n) 
        and enforcement programs and activities related to section 
        214(c)(14)(A)(i).''
    (b) Effective Date.--The amendment made by subsection (a) shall 
take effect on the date of the enactment of this Act.
    Sec. 525.  None of the funds made available in this Act may be used 
for first-class travel by the employees of agencies funded by this Act 
in contravention of sections 301-10.124 of title 41, Code of Federal 
Regulations.
    Sec. 526.  Specific projects contained in the report of the 
Committee on Appropriations of the House of Representatives 
accompanying this Act (H. Rept. 111-220) that are considered 
congressional earmarks for purposes of clause 9 of rule XXI of the 
Rules of the House of Representatives, when intended to be awarded to a 
for-profit entity, shall be awarded under a full and open competition.
    Sec. 527.  None of the funds appropriated or otherwise made 
available by this Act may be used to enter into a contract in an amount 
greater than $5,000,000 or to award a grant in excess of such amount 
unless the prospective contractor or grantee certifies in writing to 
the agency awarding the contract or grant that, to the best of its 
knowledge and belief, the contractor or grantee has filed all Federal 
tax returns required during the three years preceding the 
certification, has not been convicted of a criminal offense under the 
Internal Revenue Code of 1986, and has not, more than 90 days prior to 
certification, been notified of any unpaid Federal tax assessment for 
which the liability remains unsatisfied, unless the assessment is the 
subject of an installment agreement or offer in compromise that has 
been approved by the Internal Revenue Service and is not in default, or 
the assessment is the subject of a non-frivolous administrative or 
judicial proceeding.
    This division may be cited as the ``Departments of Labor, Health 
and Human Services, and Education, and Related Agencies Appropriations 
Act, 2010''.

  DIVISION E--MILITARY CONSTRUCTION AND VETERANS AFFAIRS AND RELATED 
                   AGENCIES APPROPRIATIONS ACT, 2010

                                TITLE I

                         DEPARTMENT OF DEFENSE

                      Military Construction, Army

    For acquisition, construction, installation, and equipment of 
temporary or permanent public works, military installations, 
facilities, and real property for the Army as currently authorized by 
law, including personnel in the Army Corps of Engineers and other 
personal services necessary for the purposes of this appropriation, and 
for construction and operation of facilities in support of the 
functions of the Commander in Chief, $3,719,419,000, to remain 
available until September 30, 2014, of which $350,000,000 shall be for 
trainee troop housing facilities: Provided, That of this amount, not to 
exceed $200,519,000 shall be available for study, planning, design, 
architect and engineer services, and host nation support, as authorized 
by law, unless the Secretary of the Army determines that additional 
obligations are necessary for such purposes and notifies the Committees 
on Appropriations of both Houses of Congress of the determination and 
the reasons therefor: Provided further, That, not later than 30 days 
after the date of the enactment of this Act, the Secretary of the Army 
shall submit to the Committees on Appropriations of both Houses of 
Congress an expenditure plan for the funds provided for trainee troop 
housing facilities:  Provided further, That the amount appropriated in 
this paragraph shall be for the projects and activities, and in the 
amounts, specified under the heading ``Military Construction, Army'' 
and under the headings ``Army'' in the table entitled ``Military 
Construction'' in the explanatory statement of managers to accompany 
this Act.

              Military Construction, Navy and Marine Corps

    For acquisition, construction, installation, and equipment of 
temporary or permanent public works, naval installations, facilities, 
and real property for the Navy and Marine Corps as currently authorized 
by law, including personnel in the Naval Facilities Engineering Command 
and other personal services necessary for the purposes of this 
appropriation, $3,769,003,000, to remain available until September 30, 
2014: Provided, That of this amount, not to exceed $179,652,000 shall 
be available for study, planning, design, and architect and engineer 
services, as authorized by law, unless the Secretary of the Navy 
determines that additional obligations are necessary for such purposes 
and notifies the Committees on Appropriations of both Houses of 
Congress of the determination and the reasons therefor:  Provided 
further, That the amount appropriated in this paragraph shall be for 
the projects and activities, and in the amounts, specified under the 
heading ``Military Construction, Navy and Marine Corps'' and under the 
headings ``Navy'' in the table entitled ``Military Construction'' in 
the explanatory statement of managers to accompany this Act.

                    Military Construction, Air Force

                    (including rescission of funds)

    For acquisition, construction, installation, and equipment of 
temporary or permanent public works, military installations, 
facilities, and real property for the Air Force as currently authorized 
by law, $1,450,426,000, to remain available until September 30, 2014: 
Provided, That of this amount, not to exceed $103,562,000 shall be 
available for study, planning, design, and architect and engineer 
services, as authorized by law, unless the Secretary of the Air Force 
determines that additional obligations are necessary for such purposes 
and notifies the Committees on Appropriations of both Houses of 
Congress of the determination and the reasons therefor: Provided 
further, That the amount appropriated in this paragraph shall be for 
the projects and activities, and in the amounts, specified under the 
heading ``Military Construction, Air Force'' and under the headings 
``Air Force'' in the table entitled ``Military Construction'' in the 
explanatory statement of managers to accompany this Act: Provided 
further, That of the funds appropriated for ``Military Construction, 
Air Force'' under Public Law 110-329, $37,500,000 are hereby rescinded.

                  Military Construction, Defense-Wide

              (including transfer and rescission of funds)

    For acquisition, construction, installation, and equipment of 
temporary or permanent public works, installations, facilities, and 
real property for activities and agencies of the Department of Defense 
(other than the military departments), as currently authorized by law, 
$3,093,679,000, to remain available until September 30, 2014: Provided, 
That such amounts of this appropriation as may be determined by the 
Secretary of Defense may be transferred to such appropriations of the 
Department of Defense available for military construction or family 
housing as the Secretary may designate, to be merged with and to be 
available for the same purposes, and for the same time period, as the 
appropriation or fund to which transferred: Provided further, That of 
the amount appropriated, not to exceed $131,942,000 shall be available 
for study, planning, design, and architect and engineer services, as 
authorized by law, unless the Secretary of Defense determines that 
additional obligations are necessary for such purposes and notifies the 
Committees on Appropriations of both Houses of Congress of the 
determination and the reasons therefor: Provided further, That of the 
amount appropriated, notwithstanding any other provision of law, not to 
exceed $41,400,000 shall be available for payments to the North 
Atlantic Treaty Organization for the planning, design, and construction 
of a new North Atlantic Treaty Organization headquarters: Provided 
further, That the amount appropriated in this paragraph shall be for 
the projects and activities, and in the amounts, specified under the 
heading ``Military Construction, Defense-Wide'' and under the headings 
``Defense-Wide'' in the table entitled ``Military Construction'' in the 
explanatory statement of managers to accompany this Act: Provided 
further, That of the funds appropriated for ``Military Construction, 
Defense-Wide'' under Public Law 110-329, $151,160,000 are hereby 
rescinded.

               Military Construction, Army National Guard

    For construction, acquisition, expansion, rehabilitation, and 
conversion of facilities for the training and administration of the 
Army National Guard, and contributions therefor, as authorized by 
chapter 1803 of title 10, United States Code, and Military Construction 
Authorization Acts, $582,056,000, to remain available until September 
30, 2014, of which $30,000,000 shall be for critical unfunded 
requirements: Provided, That of the amount appropriated, not to exceed 
$47,429,000 shall be available for study, planning, design, and 
architect and engineer services, as authorized by law, unless the 
Director of the Army National Guard determines that additional 
obligations are necessary for such purposes and notifies the Committees 
on Appropriations of both Houses of Congress of the determination and 
the reasons therefor: Provided further, That, not later than 30 days 
after the date of the enactment of this Act, the Director of the Army 
National Guard shall submit to the Committees on Appropriations of both 
Houses of Congress an expenditure plan for the funds provided for 
critical unfunded requirements:  Provided further, That the amount 
appropriated in this paragraph shall be for the projects and 
activities, and in the amounts, specified under the heading ``Military 
Construction, Army National Guard'' and under the headings ``Army 
National Guard'' in the table entitled ``Military Construction'' in the 
explanatory statement of managers to accompany this Act.

               Military Construction, Air National Guard

    For construction, acquisition, expansion, rehabilitation, and 
conversion of facilities for the training and administration of the Air 
National Guard, and contributions therefor, as authorized by chapter 
1803 of title 10, United States Code, and Military Construction 
Authorization Acts, $371,226,000, to remain available until September 
30, 2014, of which $30,000,000 shall be for critical unfunded 
requirements: Provided, That of the amount appropriated, not to exceed 
$20,021,000 shall be available for study, planning, design, and 
architect and engineer services, as authorized by law, unless the 
Director of the Air National Guard determines that additional 
obligations are necessary for such purposes and notifies the Committees 
on Appropriations of both Houses of Congress of the determination and 
the reasons therefor:  Provided further, That, not later than 30 days 
after the date of the enactment of this Act, the Director of the Air 
National Guard shall submit to the Committees on Appropriations of both 
Houses of Congress an expenditure plan for the funds provided for 
critical unfunded requirements: Provided further, That the amount 
appropriated in this paragraph shall be for the projects and 
activities, and in the amounts, specified under the heading ``Military 
Construction, Air National Guard'' and under the headings ``Air 
National Guard'' in the table entitled ``Military Construction'' in the 
explanatory statement of managers to accompany this Act.

                  Military Construction, Army Reserve

    For construction, acquisition, expansion, rehabilitation, and 
conversion of facilities for the training and administration of the 
Army Reserve as authorized by chapter 1803 of title 10, United States 
Code, and Military Construction Authorization Acts, $431,566,000, to 
remain available until September 30, 2014, of which $30,000,000 shall 
be for critical unfunded requirements: Provided, That of the amount 
appropriated, not to exceed $22,716,000 shall be available for study, 
planning, design, and architect and engineer services, as authorized by 
law, unless the Secretary of the Army determines that additional 
obligations are necessary for such purposes and notifies the Committees 
on Appropriations of both Houses of Congress of the determination and 
the reasons therefor: Provided further, That, not later than 30 days 
after the date of the enactment of this Act, the Chief of Army Reserve 
shall submit to the Committees on Appropriations of both Houses of 
Congress an expenditure plan for the funds provided for critical 
unfunded requirements: Provided further, That the amount appropriated 
in this paragraph shall be for the projects and activities, and in the 
amounts, specified under the heading ``Military Construction, Army 
Reserve'' and under the headings ``Army Reserve'' in the table entitled 
``Military Construction'' in the explanatory statement of managers to 
accompany this Act.

                  Military Construction, Navy Reserve

    For construction, acquisition, expansion, rehabilitation, and 
conversion of facilities for the training and administration of the 
reserve components of the Navy and Marine Corps as authorized by 
chapter 1803 of title 10, United States Code, and Military Construction 
Authorization Acts, $125,874,000, to remain available until September 
30, 2014, of which $20,000,000 shall be for critical unfunded 
requirements of the Navy Reserve and $35,000,000 shall be for critical 
unfunded requirements of the Marine Forces Reserve:  Provided, That of 
the amount appropriated, not to exceed $2,951,000 shall be available 
for study, planning, design, and architect and engineer services, as 
authorized by law, unless the Secretary of the Navy determines that 
additional obligations are necessary for such purposes and notifies the 
Committees on Appropriations of both Houses of Congress of the 
determination and the reasons therefor: Provided further, That, not 
later than 30 days after the date of the enactment of this Act, the 
Chief of Navy Reserve and the Commander, Marine Forces Reserve shall 
submit to the Committees on Appropriations of both Houses of Congress 
an expenditure plan for the funds provided for critical unfunded 
requirements:  Provided further, That the amount appropriated in this 
paragraph shall be for the projects and activities, and in the amounts, 
specified under the heading ``Military Construction, Navy Reserve'' and 
under the headings ``Navy Reserve'' in the table entitled ``Military 
Construction'' in the explanatory statement of managers to accompany 
this Act.

                Military Construction, Air Force Reserve

    For construction, acquisition, expansion, rehabilitation, and 
conversion of facilities for the training and administration of the Air 
Force Reserve as authorized by chapter 1803 of title 10, United States 
Code, and Military Construction Authorization Acts, $112,269,000, to 
remain available until September 30, 2014, of which $55,000,000 shall 
be for critical unfunded requirements: Provided, That of the amount 
appropriated, not to exceed $3,869,000 shall be available for study, 
planning, design, and architect and engineer services, as authorized by 
law, unless the Secretary of the Air Force determines that additional 
obligations are necessary for such purposes and notifies the Committees 
on Appropriations of both Houses of Congress of the determination and 
the reasons therefor: Provided further, That, not later than 30 days 
after the date of the enactment of this Act, the Chief of Air Force 
Reserve shall submit to the Committees on Appropriations of both Houses 
of Congress an expenditure plan for the funds provided for critical 
unfunded requirements:  Provided further, That the amount appropriated 
in this paragraph shall be for the projects and activities, and in the 
amounts, specified under the heading ``Military Construction, Air Force 
Reserve'' and under the headings ``Air Force Reserve'' in the table 
entitled ``Military Construction'' in the explanatory statement of 
managers to accompany this Act.

                   North Atlantic Treaty Organization

                      Security Investment Program

    For the United States share of the cost of the North Atlantic 
Treaty Organization Security Investment Program for the acquisition and 
construction of military facilities and installations (including 
international military headquarters) and for related expenses for the 
collective defense of the North Atlantic Treaty Area as authorized by 
section 2806 of title 10, United States Code, and Military Construction 
Authorization Acts, $197,414,000, to remain available until expended.

                   Family Housing Construction, Army

    For expenses of family housing for the Army for construction, 
including acquisition, replacement, addition, expansion, extension, and 
alteration, as authorized by law, $273,236,000, to remain available 
until September 30, 2014: Provided, That the amount appropriated in 
this paragraph shall be for the projects and activities, and in the 
amounts, specified under the heading ``Family Housing Construction, 
Army'' in the table entitled ``Military Construction'' in the 
explanatory statement of managers to accompany this Act.

             Family Housing Operation and Maintenance, Army

    For expenses of family housing for the Army for operation and 
maintenance, including debt payment, leasing, minor construction, 
principal and interest charges, and insurance premiums, as authorized 
by law, $523,418,000.

           Family Housing Construction, Navy and Marine Corps

    For expenses of family housing for the Navy and Marine Corps for 
construction, including acquisition, replacement, addition, expansion, 
extension, and alteration, as authorized by law, $146,569,000, to 
remain available until September 30, 2014:  Provided, That the amount 
appropriated in this paragraph shall be for the projects and 
activities, and in the amounts, specified under the heading ``Family 
Housing Construction, Navy and Marine Corps'' in the table entitled 
``Military Construction'' in the explanatory statement of managers to 
accompany this Act.

    Family Housing Operation and Maintenance, Navy and Marine Corps

    For expenses of family housing for the Navy and Marine Corps for 
operation and maintenance, including debt payment, leasing, minor 
construction, principal and interest charges, and insurance premiums, 
as authorized by law, $368,540,000.

                 Family Housing Construction, Air Force

    For expenses of family housing for the Air Force for construction, 
including acquisition, replacement, addition, expansion, extension, and 
alteration, as authorized by law, $66,101,000, to remain available 
until September 30, 2014:  Provided, That the amount appropriated in 
this paragraph shall be for the projects and activities, and in the 
amounts, specified under the heading ``Family Housing Construction, Air 
Force'' in the table entitled ``Military Construction'' in the 
explanatory statement of managers to accompany this Act.

          Family Housing Operation and Maintenance, Air Force

    For expenses of family housing for the Air Force for operation and 
maintenance, including debt payment, leasing, minor construction, 
principal and interest charges, and insurance premiums, as authorized 
by law, $502,936,000.

               Family Housing Construction, Defense-Wide

    For expenses of family housing for the activities and agencies of 
the Department of Defense (other than the military departments) for 
construction, including acquisition, replacement, addition, expansion, 
extension, and alteration, as authorized by law, $2,859,000, to remain 
available until September 30, 2014:  Provided, That the amount 
appropriated in this paragraph shall be for the projects and 
activities, and in the amounts, specified under the heading ``Family 
Housing Construction, Defense-Wide'' in the table entitled ``Military 
Construction'' in the explanatory statement of managers to accompany 
this Act.

         Family Housing Operation and Maintenance, Defense-Wide

    For expenses of family housing for the activities and agencies of 
the Department of Defense (other than the military departments) for 
operation and maintenance, leasing, and minor construction, as 
authorized by law, $49,214,000.

         Department of Defense Family Housing Improvement Fund

    For the Department of Defense Family Housing Improvement Fund, 
$2,600,000, to remain available until expended, for family housing 
initiatives undertaken pursuant to section 2883 of title 10, United 
States Code, providing alternative means of acquiring and improving 
military family housing and supporting facilities.

                       Homeowners Assistance Fund

    For the Homeowners Assistance Fund established by section 1013 of 
the Demonstration Cities and Metropolitan Development Act of 1966 (42 
U.S.C. 3374), as amended by section 1001 of division A of the American 
Recovery and Reinvestment Act of 2009 (Public Law 111-5; 123 Stat. 
194), $323,225,000, to remain available until expended.

          Chemical Demilitarization Construction, Defense-Wide

    For expenses of construction, not otherwise provided for, necessary 
for the destruction of the United States stockpile of lethal chemical 
agents and munitions in accordance with section 1412 of the Department 
of Defense Authorization Act, 1986 (50 U.S.C. 1521), and for the 
destruction of other chemical warfare materials that are not in the 
chemical weapon stockpile, as currently authorized by law, 
$151,541,000, to remain available until September 30, 2014, which shall 
be only for the Assembled Chemical Weapons Alternatives program: 
Provided, That the amount appropriated in this paragraph shall be for 
the projects and activities, and in the amounts, specified under the 
headings ``Chemical Demilitarization Construction, Defense-Wide'' in 
the table entitled ``Military Construction'' in the explanatory 
statement of managers to accompany this Act.

            Department of Defense Base Closure Account 1990

    For deposit into the Department of Defense Base Closure Account 
1990, established by section 2906(a)(1) of the Defense Base Closure and 
Realignment Act of 1990 (10 U.S.C. 2687 note), $496,768,000, to remain 
available until expended.

            Department of Defense Base Closure Account 2005

    For deposit into the Department of Defense Base Closure Account 
2005, established by section 2906A(a)(1) of the Defense Base Closure 
and Realignment Act of 1990 (10 U.S.C. 2687 note), $7,455,498,000, to 
remain available until expended: Provided, That the Department of 
Defense shall notify the Committees on Appropriations of both Houses of 
Congress 14 days prior to obligating an amount for a construction 
project that exceeds or reduces the amount identified for that project 
in the most recently submitted budget request for this account by 20 
percent or $2,000,000, whichever is less: Provided further, That the 
previous proviso shall not apply to projects costing less than 
$5,000,000, except for those projects not previously identified in any 
budget submission for this account and exceeding the minor construction 
threshold under section 2805 of title 10, United States Code.

                       Administrative Provisions

    Sec. 101.  None of the funds made available in this title shall be 
expended for payments under a cost-plus-a-fixed-fee contract for 
construction, where cost estimates exceed $25,000, to be performed 
within the United States, except Alaska, without the specific approval 
in writing of the Secretary of Defense setting forth the reasons 
therefor.
    Sec. 102.  Funds made available in this title for construction 
shall be available for hire of passenger motor vehicles.
    Sec. 103.  Funds made available in this title for construction may 
be used for advances to the Federal Highway Administration, Department 
of Transportation, for the construction of access roads as authorized 
by section 210 of title 23, United States Code, when projects 
authorized therein are certified as important to the national defense 
by the Secretary of Defense.
    Sec. 104.  None of the funds made available in this title may be 
used to begin construction of new bases in the United States for which 
specific appropriations have not been made.
    Sec. 105.  None of the funds made available in this title shall be 
used for purchase of land or land easements in excess of 100 percent of 
the value as determined by the Army Corps of Engineers or the Naval 
Facilities Engineering Command, except: (1) where there is a 
determination of value by a Federal court; (2) purchases negotiated by 
the Attorney General or the designee of the Attorney General; (3) where 
the estimated value is less than $25,000; or (4) as otherwise 
determined by the Secretary of Defense to be in the public interest.
    Sec. 106.  None of the funds made available in this title shall be 
used to: (1) acquire land; (2) provide for site preparation; or (3) 
install utilities for any family housing, except housing for which 
funds have been made available in annual Acts making appropriations for 
military construction.
    Sec. 107.  None of the funds made available in this title for minor 
construction may be used to transfer or relocate any activity from one 
base or installation to another, without prior notification to the 
Committees on Appropriations of both Houses of Congress.
    Sec. 108.  None of the funds made available in this title may be 
used for the procurement of steel for any construction project or 
activity for which American steel producers, fabricators, and 
manufacturers have been denied the opportunity to compete for such 
steel procurement.
    Sec. 109.  None of the funds available to the Department of Defense 
for military construction or family housing during the current fiscal 
year may be used to pay real property taxes in any foreign nation.
    Sec. 110.  None of the funds made available in this title may be 
used to initiate a new installation overseas without prior notification 
to the Committees on Appropriations of both Houses of Congress.
    Sec. 111.  None of the funds made available in this title may be 
obligated for architect and engineer contracts estimated by the 
Government to exceed $500,000 for projects to be accomplished in Japan, 
in any North Atlantic Treaty Organization member country, or in 
countries bordering the Arabian Sea, unless such contracts are awarded 
to United States firms or United States firms in joint venture with 
host nation firms.
    Sec. 112.  None of the funds made available in this title for 
military construction in the United States territories and possessions 
in the Pacific and on Kwajalein Atoll, or in countries bordering the 
Arabian Sea, may be used to award any contract estimated by the 
Government to exceed $1,000,000 to a foreign contractor: Provided, That 
this section shall not be applicable to contract awards for which the 
lowest responsive and responsible bid of a United States contractor 
exceeds the lowest responsive and responsible bid of a foreign 
contractor by greater than 20 percent: Provided further, That this 
section shall not apply to contract awards for military construction on 
Kwajalein Atoll for which the lowest responsive and responsible bid is 
submitted by a Marshallese contractor.
    Sec. 113.  The Secretary of Defense is to inform the appropriate 
committees of both Houses of Congress, including the Committees on 
Appropriations, of the plans and scope of any proposed military 
exercise involving United States personnel 30 days prior to its 
occurring, if amounts expended for construction, either temporary or 
permanent, are anticipated to exceed $100,000.
    Sec. 114.  Not more than 20 percent of the funds made available in 
this title which are limited for obligation during the current fiscal 
year shall be obligated during the last two months of the fiscal year.
    Sec. 115.  Funds appropriated to the Department of Defense for 
construction in prior years shall be available for construction 
authorized for each such military department by the authorizations 
enacted into law during the current session of Congress.
    Sec. 116.  For military construction or family housing projects 
that are being completed with funds otherwise expired or lapsed for 
obligation, expired or lapsed funds may be used to pay the cost of 
associated supervision, inspection, overhead, engineering and design on 
those projects and on subsequent claims, if any.
    Sec. 117.  Notwithstanding any other provision of law, any funds 
made available to a military department or defense agency for the 
construction of military projects may be obligated for a military 
construction project or contract, or for any portion of such a project 
or contract, at any time before the end of the fourth fiscal year after 
the fiscal year for which funds for such project were made available, 
if the funds obligated for such project: (1) are obligated from funds 
available for military construction projects; and (2) do not exceed the 
amount appropriated for such project, plus any amount by which the cost 
of such project is increased pursuant to law.
    Sec. 118. (a) The Secretary of Defense, in consultation with the 
Secretary of State, shall submit to the Committees on Appropriations of 
both Houses of Congress, by February 15 of each year, an annual report 
in unclassified and, if necessary, classified form, on actions taken by 
the Department of Defense and the Department of State during the 
previous fiscal year to encourage host countries to assume a greater 
share of the common defense burden of such countries and the United 
States.
    (b) The report under subsection (a) shall include a description 
of--
        (1) attempts to secure cash and in-kind contributions from host 
    countries for military construction projects;
        (2) attempts to achieve economic incentives offered by host 
    countries to encourage private investment for the benefit of the 
    United States Armed Forces;
        (3) attempts to recover funds due to be paid to the United 
    States by host countries for assets deeded or otherwise imparted to 
    host countries upon the cessation of United States operations at 
    military installations;
        (4) the amount spent by host countries on defense, in dollars 
    and in terms of the percent of gross domestic product (GDP) of the 
    host country; and
        (5) for host countries that are members of the North Atlantic 
    Treaty Organization (NATO), the amount contributed to NATO by host 
    countries, in dollars and in terms of the percent of the total NATO 
    budget.
    (c) In this section, the term ``host country'' means other member 
countries of NATO, Japan, South Korea, and United States allies 
bordering the Arabian Sea.

                     (including transfer of funds)

    Sec. 119.  In addition to any other transfer authority available to 
the Department of Defense, proceeds deposited to the Department of 
Defense Base Closure Account established by section 207(a)(1) of the 
Defense Authorization Amendments and Base Closure and Realignment Act 
(10 U.S.C. 2687 note) pursuant to section 207(a)(2)(C) of such Act, may 
be transferred to the account established by section 2906(a)(1) of the 
Defense Base Closure and Realignment Act of 1990 (10 U.S.C. 2687 note), 
to be merged with, and to be available for the same purposes and the 
same time period as that account.

                     (including transfer of funds)

    Sec. 120.  Subject to 30 days prior notification, or 14 days for a 
notification provided in an electronic medium pursuant to sections 480 
and 2883, of title 10, United States Code, to the Committees on 
Appropriations of both Houses of Congress, such additional amounts as 
may be determined by the Secretary of Defense may be transferred to: 
(1) the Department of Defense Family Housing Improvement Fund from 
amounts appropriated for construction in ``Family Housing'' accounts, 
to be merged with and to be available for the same purposes and for the 
same period of time as amounts appropriated directly to the Fund; or 
(2) the Department of Defense Military Unaccompanied Housing 
Improvement Fund from amounts appropriated for construction of military 
unaccompanied housing in ``Military Construction'' accounts, to be 
merged with and to be available for the same purposes and for the same 
period of time as amounts appropriated directly to the Fund: Provided, 
That appropriations made available to the Funds shall be available to 
cover the costs, as defined in section 502(5) of the Congressional 
Budget Act of 1974, of direct loans or loan guarantees issued by the 
Department of Defense pursuant to the provisions of subchapter IV of 
chapter 169 of title 10, United States Code, pertaining to alternative 
means of acquiring and improving military family housing, military 
unaccompanied housing, and supporting facilities.
    Sec. 121. (a) Not later than 60 days before issuing any 
solicitation for a contract with the private sector for military family 
housing the Secretary of the military department concerned shall submit 
to the Committees on Appropriations of both Houses of Congress the 
notice described in subsection (b).
    (b)(1) A notice referred to in subsection (a) is a notice of any 
guarantee (including the making of mortgage or rental payments) 
proposed to be made by the Secretary to the private party under the 
contract involved in the event of--
        (A) the closure or realignment of the installation for which 
    housing is provided under the contract;
        (B) a reduction in force of units stationed at such 
    installation; or
        (C) the extended deployment overseas of units stationed at such 
    installation.
    (2) Each notice under this subsection shall specify the nature of 
the guarantee involved and assess the extent and likelihood, if any, of 
the liability of the Federal Government with respect to the guarantee.

                     (including transfer of funds)

    Sec. 122.  In addition to any other transfer authority available to 
the Department of Defense, amounts may be transferred from the accounts 
established by sections 2906(a)(1) and 2906A(a)(1) of the Defense Base 
Closure and Realignment Act of 1990 (10 U.S.C. 2687 note), to the fund 
established by section 1013(d) of the Demonstration Cities and 
Metropolitan Development Act of 1966 (42 U.S.C. 3374) to pay for 
expenses associated with the Homeowners Assistance Program incurred 
under 42 U.S.C. 3374(a)(1)(A). Any amounts transferred shall be merged 
with and be available for the same purposes and for the same time 
period as the fund to which transferred.
    Sec. 123.  Notwithstanding any other provision of law, funds made 
available in this title for operation and maintenance of family housing 
shall be the exclusive source of funds for repair and maintenance of 
all family housing units, including general or flag officer quarters: 
Provided, That not more than $35,000 per unit may be spent annually for 
the maintenance and repair of any general or flag officer quarters 
without 30 days prior notification, or 14 days for a notification 
provided in an electronic medium pursuant to sections 480 and 2883 of 
title 10, United States Code, to the Committees on Appropriations of 
both Houses of Congress, except that an after-the-fact notification 
shall be submitted if the limitation is exceeded solely due to costs 
associated with environmental remediation that could not be reasonably 
anticipated at the time of the budget submission: Provided further, 
That the Under Secretary of Defense (Comptroller) is to report annually 
to the Committees on Appropriations of both Houses of Congress all 
operation and maintenance expenditures for each individual general or 
flag officer quarters for the prior fiscal year.
    Sec. 124.  Amounts contained in the Ford Island Improvement Account 
established by subsection (h) of section 2814 of title 10, United 
States Code, are appropriated and shall be available until expended for 
the purposes specified in subsection (i)(1) of such section or until 
transferred pursuant to subsection (i)(3) of such section.

                     (including transfer of funds)

    Sec. 125.  None of the funds made available in this title, or in 
any Act making appropriations for military construction which remain 
available for obligation, may be obligated or expended to carry out a 
military construction, land acquisition, or family housing project at 
or for a military installation approved for closure, or at a military 
installation for the purposes of supporting a function that has been 
approved for realignment to another installation, in 2005 under the 
Defense Base Closure and Realignment Act of 1990 (part A of title XXIX 
of Public Law 101-510; 10 U.S.C. 2687 note), unless such a project at a 
military installation approved for realignment will support a 
continuing mission or function at that installation or a new mission or 
function that is planned for that installation, or unless the Secretary 
of Defense certifies that the cost to the United States of carrying out 
such project would be less than the cost to the United States of 
cancelling such project, or if the project is at an active component 
base that shall be established as an enclave or in the case of projects 
having multi-agency use, that another Government agency has indicated 
it will assume ownership of the completed project. The Secretary of 
Defense may not transfer funds made available as a result of this 
limitation from any military construction project, land acquisition, or 
family housing project to another account or use such funds for another 
purpose or project without the prior approval of the Committees on 
Appropriations of both Houses of Congress. This section shall not apply 
to military construction projects, land acquisition, or family housing 
projects for which the project is vital to the national security or the 
protection of health, safety, or environmental quality: Provided, That 
the Secretary of Defense shall notify the congressional defense 
committees within seven days of a decision to carry out such a military 
construction project.

                     (including transfer of funds)

    Sec. 126.  During the 5-year period after appropriations available 
in this Act to the Department of Defense for military construction and 
family housing operation and maintenance and construction have expired 
for obligation, upon a determination that such appropriations will not 
be necessary for the liquidation of obligations or for making 
authorized adjustments to such appropriations for obligations incurred 
during the period of availability of such appropriations, unobligated 
balances of such appropriations may be transferred into the 
appropriation ``Foreign Currency Fluctuations, Construction, Defense'', 
to be merged with and to be available for the same time period and for 
the same purposes as the appropriation to which transferred.
    Sec. 127.  None of the funds appropriated or otherwise made 
available in this title may be used for any action that is related to 
or promotes the expansion of the boundaries or size of the Pinon Canyon 
Maneuver Site, Colorado.
    Sec. 128.  Amounts appropriated or otherwise made available in an 
account funded under the headings in this title may be transferred 
among projects and activities within the account in accordance with the 
reprogramming guidelines for military construction and family housing 
construction contained in the explanatory statement of managers to 
accompany this Act and in the guidance for military construction 
reprogrammings and notifications contained in Department of Defense 
Financial Management Regulation 7000.14-R, Volume 3, Chapter 7, of 
December 1996, as in effect on the date of enactment of this Act.
    Sec. 129.  Of the funds made available in this title, the following 
accounts are hereby reduced in the following amounts to reflect 
adjusted inflation and bid savings projections: ``Military 
Construction, Army'', $230,000,000; ``Military Construction, Navy and 
Marine Corps'', $235,000,000; and ``Military Construction, Air Force'', 
$64,091,000.
    Sec. 130.  Of the funds made available under the following headings 
in Public Law 110-329, the following amounts associated with 
unobligated balances are hereby rescinded: ``Military Construction, 
Army'', $33,000,000; ``Military Construction, Navy and Marine Corps'', 
$51,468,000; ``Military Construction, Defense-Wide'', $93,268,000; 
``Military Construction, Army National Guard'', $33,000,000; and 
``Military Construction, Air National Guard'', $7,000,000.

                                TITLE II

                     DEPARTMENT OF VETERANS AFFAIRS

                    Veterans Benefits Administration

                       compensation and pensions

                     (including transfer of funds)

    For the payment of compensation benefits to or on behalf of 
veterans and a pilot program for disability examinations as authorized 
by section 107 and chapters 11, 13, 18, 51, 53, 55, and 61 of title 38, 
United States Code; pension benefits to or on behalf of veterans as 
authorized by chapters 15, 51, 53, 55, and 61 of title 38, United 
States Code; and burial benefits, the Reinstated Entitlement Program 
for Survivors, emergency and other officers' retirement pay, adjusted-
service credits and certificates, payment of premiums due on commercial 
life insurance policies guaranteed under the provisions of title IV of 
the Servicemembers Civil Relief Act (50 U.S.C. App. 541 et seq.) and 
for other benefits as authorized by sections 107, 1312, 1977, and 2106, 
and chapters 23, 51, 53, 55, and 61 of title 38, United States Code, 
$47,396,106,000, to remain available until expended: Provided, That not 
to exceed $29,283,000 of the amount appropriated under this heading 
shall be reimbursed to ``General operating expenses'', ``Medical 
support and compliance'', and ``Information technology systems'' for 
necessary expenses in implementing the provisions of chapters 51, 53, 
and 55 of title 38, United States Code, the funding source for which is 
specifically provided as the ``Compensation and pensions'' 
appropriation: Provided further, That such sums as may be earned on an 
actual qualifying patient basis, shall be reimbursed to ``Medical care 
collections fund'' to augment the funding of individual medical 
facilities for nursing home care provided to pensioners as authorized.

                         readjustment benefits

    For the payment of readjustment and rehabilitation benefits to or 
on behalf of veterans as authorized by chapters 21, 30, 31, 33, 34, 35, 
36, 39, 51, 53, 55, and 61 of title 38, United States Code, 
$9,232,369,000, to remain available until expended: Provided, That 
expenses for rehabilitation program services and assistance which the 
Secretary is authorized to provide under subsection (a) of section 3104 
of title 38, United States Code, other than under paragraphs (1), (2), 
(5), and (11) of that subsection, shall be charged to this account.

                   veterans insurance and indemnities

    For military and naval insurance, national service life insurance, 
servicemen's indemnities, service-disabled veterans insurance, and 
veterans mortgage life insurance as authorized by title 38, United 
States Code, chapters 19 and 21, $49,288,000, to remain available until 
expended.

                 veterans housing benefit program fund

    For the cost of direct and guaranteed loans, such sums as may be 
necessary to carry out the program, as authorized by subchapters I 
through III of chapter 37 of title 38, United States Code: Provided, 
That such costs, including the cost of modifying such loans, shall be 
as defined in section 502 of the Congressional Budget Act of 1974: 
Provided further, That during fiscal year 2010, within the resources 
available, not to exceed $500,000 in gross obligations for direct loans 
are authorized for specially adapted housing loans.
    In addition, for administrative expenses to carry out the direct 
and guaranteed loan programs, $165,082,000.

            vocational rehabilitation loans program account

    For the cost of direct loans, $29,000, as authorized by chapter 31 
of title 38, United States Code: Provided, That such costs, including 
the cost of modifying such loans, shall be as defined in section 502 of 
the Congressional Budget Act of 1974: Provided further, That funds made 
available under this heading are available to subsidize gross 
obligations for the principal amount of direct loans not to exceed 
$2,298,000.
    In addition, for administrative expenses necessary to carry out the 
direct loan program, $328,000, which may be paid to the appropriation 
for ``General operating expenses''.

          native american veteran housing loan program account

    For administrative expenses to carry out the direct loan program 
authorized by subchapter V of chapter 37 of title 38, United States 
Code, $664,000.

  guaranteed transitional housing loans for homeless veterans program 
                                account

    For the administrative expenses to carry out the guaranteed 
transitional housing loan program authorized by subchapter VI of 
chapter 20 of title 38, United States Code, not to exceed $750,000 of 
the amounts appropriated by this Act for ``General operating expenses'' 
and ``Medical support and compliance'' may be expended.

                     Veterans Health Administration

                            medical services

                     (including transfer of funds)

    For necessary expenses for furnishing, as authorized by law, 
inpatient and outpatient care and treatment to beneficiaries of the 
Department of Veterans Affairs and veterans described in section 
1705(a) of title 38, United States Code, including care and treatment 
in facilities not under the jurisdiction of the Department, and 
including medical supplies and equipment, food services, and salaries 
and expenses of health care employees hired under title 38, United 
States Code, and aid to State homes as authorized by section 1741 of 
title 38, United States Code; $71,843,500,000, plus reimbursements, of 
which $37,136,000,000 shall become available on October 1, 2010, and 
shall remain available until September 30, 2011: Provided, That, of the 
amount made available under this heading for fiscal year 2010, not to 
exceed $1,015,000,000 shall remain available until September 30, 2011: 
Provided further, That, notwithstanding any other provision of law, the 
Secretary of Veterans Affairs shall establish a priority for the 
provision of medical treatment for veterans who have service-connected 
disabilities, lower income, or have special needs: Provided further, 
That, notwithstanding any other provision of law, the Secretary of 
Veterans Affairs shall give priority funding for the provision of basic 
medical benefits to veterans in enrollment priority groups 1 through 6: 
Provided further, That, notwithstanding any other provision of law, the 
Secretary of Veterans Affairs may authorize the dispensing of 
prescription drugs from Veterans Health Administration facilities to 
enrolled veterans with privately written prescriptions based on 
requirements established by the Secretary: Provided further, That the 
implementation of the program described in the previous proviso shall 
incur no additional cost to the Department of Veterans Affairs: 
Provided further, That for the Department of Defense/Department of 
Veterans Affairs Health Care Sharing Incentive Fund, as authorized by 
section 8111(d) of title 38, United States Code, a minimum of 
$15,000,000 shall remain available until expended for any purpose 
authorized by section 8111 of title 38, United States Code.

                     medical support and compliance

    For necessary expenses in the administration of the medical, 
hospital, nursing home, domiciliary, construction, supply, and research 
activities, as authorized by law; administrative expenses in support of 
capital policy activities; and administrative and legal expenses of the 
Department for collecting and recovering amounts owed the Department as 
authorized under chapter 17 of title 38, United States Code, and the 
Federal Medical Care Recovery Act (42 U.S.C. 2651 et seq.); 
$10,237,000,000, plus reimbursements, of which $5,307,000,000 shall 
become available on October 1, 2010, and shall remain available until 
September 30, 2011: Provided, That, of the amount made available under 
this heading for fiscal year 2010, not to exceed $145,000,000 shall 
remain available until September 30, 2011.

                           medical facilities

    For necessary expenses for the maintenance and operation of 
hospitals, nursing homes, and domiciliary facilities and other 
necessary facilities of the Veterans Health Administration; for 
administrative expenses in support of planning, design, project 
management, real property acquisition and disposition, construction, 
and renovation of any facility under the jurisdiction or for the use of 
the Department; for oversight, engineering, and architectural 
activities not charged to project costs; for repairing, altering, 
improving, or providing facilities in the several hospitals and homes 
under the jurisdiction of the Department, not otherwise provided for, 
either by contract or by the hire of temporary employees and purchase 
of materials; for leases of facilities; and for laundry services, 
$10,599,000,000, plus reimbursements, of which $5,740,000,000 shall 
become available on October 1, 2010, and shall remain available until 
September 30, 2011: Provided, That, of the amount made available under 
this heading for fiscal year 2010, not to exceed $145,000,000 shall 
remain available until September 30, 2011: Provided further, That, of 
the amount available for fiscal year 2010, $130,000,000 for non-
recurring maintenance shall be allocated in a manner not subject to the 
Veterans Equitable Resource Allocation.

                    medical and prosthetic research

    For necessary expenses in carrying out programs of medical and 
prosthetic research and development as authorized by chapter 73 of 
title 38, United States Code, $581,000,000, plus reimbursements, shall 
remain available until September 30, 2011.

                    National Cemetery Administration

    For necessary expenses of the National Cemetery Administration for 
operations and maintenance, not otherwise provided for, including 
uniforms or allowances therefor; cemeterial expenses as authorized by 
law; purchase of one passenger motor vehicle for use in cemeterial 
operations; hire of passenger motor vehicles; and repair, alteration or 
improvement of facilities under the jurisdiction of the National 
Cemetery Administration, $250,000,000, of which not to exceed 
$24,200,000 shall remain available until September 30, 2011.

                      Departmental Administration

                       general operating expenses

    For necessary operating expenses of the Department of Veterans 
Affairs, not otherwise provided for, including administrative expenses 
in support of Department-Wide capital planning, management and policy 
activities, uniforms, or allowances therefor; not to exceed $25,000 for 
official reception and representation expenses; hire of passenger motor 
vehicles; and reimbursement of the General Services Administration for 
security guard services, and the Department of Defense for the cost of 
overseas employee mail, $2,086,707,000: Provided, That expenses for 
services and assistance authorized under paragraphs (1), (2), (5), and 
(11) of section 3104(a) of title 38, United States Code, that the 
Secretary of Veterans Affairs determines are necessary to enable 
entitled veterans: (1) to the maximum extent feasible, to become 
employable and to obtain and maintain suitable employment; or (2) to 
achieve maximum independence in daily living, shall be charged to this 
account: Provided further, That the Veterans Benefits Administration 
shall be funded at not less than $1,689,207,000: Provided further, That 
of the funds made available under this heading, not to exceed 
$111,000,000 shall remain available until September 30, 2011: Provided 
further, That from the funds made available under this heading, the 
Veterans Benefits Administration may purchase (on a one-for-one 
replacement basis only) up to two passenger motor vehicles for use in 
operations of that Administration in Manila, Philippines.

                     information technology systems

    For necessary expenses for information technology systems and 
telecommunications support, including developmental information systems 
and operational information systems; for pay and associated costs; and 
for the capital asset acquisition of information technology systems, 
including management and related contractual costs of said 
acquisitions, including contractual costs associated with operations 
authorized by section 3109 of title 5, United States Code, 
$3,307,000,000, plus reimbursements, shall remain available until 
September 30, 2011: Provided, That none of the funds made available 
under this heading may be obligated until the Department of Veterans 
Affairs submits to the Committees on Appropriations of both Houses of 
Congress, and such Committees approve, a plan for expenditure that: (1) 
meets the capital planning and investment control review requirements 
established by the Office of Management and Budget; (2) complies with 
the Department of Veterans Affairs enterprise architecture; (3) 
conforms with an established enterprise life cycle methodology; and (4) 
complies with the acquisition rules, requirements, guidelines, and 
systems acquisition management practices of the Federal Government: 
Provided further, That not later than 30 days after the date of the 
enactment of this Act, the Secretary of Veterans Affairs shall submit 
to the Committees on Appropriations of both Houses of Congress a 
reprogramming base letter which sets forth, by project, the operations 
and maintenance costs, with salary expenses separately designated, and 
development costs to be carried out utilizing amounts made available 
under this heading: Provided further, That of the amounts made 
available under this heading, $800,485,000 may not be obligated or 
expended until the Secretary of Veterans Affairs or the Chief 
Information Officer of the Department of Veterans Affairs submits to 
the Committees on Appropriations of both Houses of Congress a 
certification of the amounts, in parts or in full, to be obligated and 
expended for each development project.

                      office of inspector general

    For necessary expenses of the Office of Inspector General, to 
include information technology, in carrying out the provisions of the 
Inspector General Act of 1978 (5 U.S.C. App.), $109,000,000, of which 
$6,000,000 shall remain available until September 30, 2011.

                      construction, major projects

    For constructing, altering, extending, and improving any of the 
facilities, including parking projects, under the jurisdiction or for 
the use of the Department of Veterans Affairs, or for any of the 
purposes set forth in sections 316, 2404, 2406, 8102, 8103, 8106, 8108, 
8109, 8110, and 8122 of title 38, United States Code, including 
planning, architectural and engineering services, construction 
management services, maintenance or guarantee period services costs 
associated with equipment guarantees provided under the project, 
services of claims analysts, offsite utility and storm drainage system 
construction costs, and site acquisition, where the estimated cost of a 
project is more than the amount set forth in section 8104(a)(3)(A) of 
title 38, United States Code, or where funds for a project were made 
available in a previous major project appropriation, $1,194,000,000, to 
remain available until expended, of which $16,000,000 shall be to make 
reimbursements as provided in section 13 of the Contract Disputes Act 
of 1978 (41 U.S.C. 612) for claims paid for contract disputes: 
Provided, That except for advance planning activities, including needs 
assessments which may or may not lead to capital investments, and other 
capital asset management related activities, including portfolio 
development and management activities, and investment strategy studies 
funded through the advance planning fund and the planning and design 
activities funded through the design fund, including needs assessments 
which may or may not lead to capital investments, and funds provided 
for the purchase of land for the National Cemetery Administration 
through the land acquisition line item, none of the funds made 
available under this heading shall be used for any project which has 
not been approved by the Congress in the budgetary process: Provided 
further, That funds made available under this heading for fiscal year 
2010, for each approved project shall be obligated: (1) by the awarding 
of a construction documents contract by September 30, 2010; and (2) by 
the awarding of a construction contract by September 30, 2011: Provided 
further, That the Secretary of Veterans Affairs shall promptly submit 
to the Committees on Appropriations of both Houses of Congress a 
written report on any approved major construction project for which 
obligations are not incurred within the time limitations established 
above: Provided further, That of the funds made available under this 
heading, $933,030,000 shall be for the projects and activities, and in 
the amounts, specified under this heading in the explanatory statement 
of managers to accompany this Act.

                      construction, minor projects

    For constructing, altering, extending, and improving any of the 
facilities, including parking projects, under the jurisdiction or for 
the use of the Department of Veterans Affairs, including planning and 
assessments of needs which may lead to capital investments, 
architectural and engineering services, maintenance or guarantee period 
services costs associated with equipment guarantees provided under the 
project, services of claims analysts, offsite utility and storm 
drainage system construction costs, and site acquisition, or for any of 
the purposes set forth in sections 316, 2404, 2406, 8102, 8103, 8106, 
8108, 8109, 8110, 8122, and 8162 of title 38, United States Code, where 
the estimated cost of a project is equal to or less than the amount set 
forth in section 8104(a)(3)(A) of title 38, United States Code, 
$703,000,000, to remain available until expended, along with 
unobligated balances of previous ``Construction, minor projects'' 
appropriations which are hereby made available for any project where 
the estimated cost is equal to or less than the amount set forth in 
such section: Provided, That funds made available under this heading 
shall be for: (1) repairs to any of the nonmedical facilities under the 
jurisdiction or for the use of the Department which are necessary 
because of loss or damage caused by any natural disaster or 
catastrophe; and (2) temporary measures necessary to prevent or to 
minimize further loss by such causes.

       grants for construction of state extended care facilities

    For grants to assist States to acquire or construct State nursing 
home and domiciliary facilities and to remodel, modify, or alter 
existing hospital, nursing home, and domiciliary facilities in State 
homes, for furnishing care to veterans as authorized by sections 8131 
through 8137 of title 38, United States Code, $100,000,000, to remain 
available until expended.

          grants for construction of state veterans cemeteries

    For grants to assist States in establishing, expanding, or 
improving State veterans cemeteries as authorized by section 2408 of 
title 38, United States Code, $46,000,000, to remain available until 
expended.

                       Administrative Provisions

                     (including transfer of funds)

    Sec. 201.  Any appropriation for fiscal year 2010 for 
``Compensation and pensions'', ``Readjustment benefits'', and 
``Veterans insurance and indemnities'' may be transferred as necessary 
to any other of the mentioned appropriations: Provided, That before a 
transfer may take place, the Secretary of Veterans Affairs shall 
request from the Committees on Appropriations of both Houses of 
Congress the authority to make the transfer and such Committees issue 
an approval, or absent a response, a period of 30 days has elapsed.

                     (including transfer of funds)

    Sec. 202.  Amounts made available for the Department of Veterans 
Affairs for fiscal year 2010, in this Act or any other Act, under the 
``Medical services'', ``Medical support and compliance'', and ``Medical 
facilities'' accounts may be transferred among the accounts: Provided, 
That any transfers between the ``Medical services'' and ``Medical 
support and compliance'' accounts of 1 percent or less of the total 
amount appropriated to the account in this or any other Act may take 
place subject to notification from the Secretary of Veterans Affairs to 
the Committees on Appropriations of both Houses of Congress of the 
amount and purpose of the transfer: Provided further, That any 
transfers between the ``Medical services'' and ``Medical support and 
compliance'' accounts in excess of 1 percent, or exceeding the 
cumulative 1 percent for the fiscal year, may take place only after the 
Secretary requests from the Committees on Appropriations of both Houses 
of Congress the authority to make the transfer and an approval is 
issued: Provided further, That any transfers to or from the ``Medical 
facilities'' account may take place only after the Secretary requests 
from the Committees on Appropriations of both Houses of Congress the 
authority to make the transfer and an approval is issued.
    Sec. 203.  Appropriations available in this title for salaries and 
expenses shall be available for services authorized by section 3109 of 
title 5, United States Code, hire of passenger motor vehicles; lease of 
a facility or land or both; and uniforms or allowances therefore, as 
authorized by sections 5901 through 5902 of title 5, United States 
Code.
    Sec. 204.  No appropriations in this title (except the 
appropriations for ``Construction, major projects'', and 
``Construction, minor projects'') shall be available for the purchase 
of any site for or toward the construction of any new hospital or home.
    Sec. 205.  No appropriations in this title shall be available for 
hospitalization or examination of any persons (except beneficiaries 
entitled to such hospitalization or examination under the laws 
providing such benefits to veterans, and persons receiving such 
treatment under sections 7901 through 7904 of title 5, United States 
Code, or the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act (42 U.S.C. 5121 et seq.)), unless reimbursement of the 
cost of such hospitalization or examination is made to the ``Medical 
services'' account at such rates as may be fixed by the Secretary of 
Veterans Affairs.
    Sec. 206.  Appropriations available in this title for 
``Compensation and pensions'', ``Readjustment benefits'', and 
``Veterans insurance and indemnities'' shall be available for payment 
of prior year accrued obligations required to be recorded by law 
against the corresponding prior year accounts within the last quarter 
of fiscal year 2009.
    Sec. 207.  Appropriations available in this title shall be 
available to pay prior year obligations of corresponding prior year 
appropriations accounts resulting from sections 3328(a), 3334, and 
3712(a) of title 31, United States Code, except that if such 
obligations are from trust fund accounts they shall be payable only 
from ``Compensation and pensions''.

                     (including transfer of funds)

    Sec. 208.  Notwithstanding any other provision of law, during 
fiscal year 2010, the Secretary of Veterans Affairs shall, from the 
National Service Life Insurance Fund under section 1920 of title 38, 
United States Code, the Veterans' Special Life Insurance Fund under 
section 1923 of title 38, United States Code, and the United States 
Government Life Insurance Fund under section 1955 of title 38, United 
States Code, reimburse the ``General operating expenses'' and 
``Information technology systems'' accounts for the cost of 
administration of the insurance programs financed through those 
accounts: Provided, That reimbursement shall be made only from the 
surplus earnings accumulated in such an insurance program during fiscal 
year 2010 that are available for dividends in that program after claims 
have been paid and actuarially determined reserves have been set aside: 
Provided further, That if the cost of administration of such an 
insurance program exceeds the amount of surplus earnings accumulated in 
that program, reimbursement shall be made only to the extent of such 
surplus earnings: Provided further, That the Secretary shall determine 
the cost of administration for fiscal year 2010 which is properly 
allocable to the provision of each such insurance program and to the 
provision of any total disability income insurance included in that 
insurance program.
    Sec. 209.  Amounts deducted from enhanced-use lease proceeds to 
reimburse an account for expenses incurred by that account during a 
prior fiscal year for providing enhanced-use lease services, may be 
obligated during the fiscal year in which the proceeds are received.

                     (including transfer of funds)

    Sec. 210.  Funds available in this title or funds for salaries and 
other administrative expenses shall also be available to reimburse the 
Office of Resolution Management of the Department of Veterans Affairs 
and the Office of Employment Discrimination Complaint Adjudication 
under section 319 of title 38, United States Code, for all services 
provided at rates which will recover actual costs but not exceed 
$35,257,000 for the Office of Resolution Management and $3,287,000 for 
the Office of Employment and Discrimination Complaint Adjudication: 
Provided, That payments may be made in advance for services to be 
furnished based on estimated costs: Provided further, That amounts 
received shall be credited to the ``General operating expenses'' and 
``Information technology systems'' accounts for use by the office that 
provided the service.
    Sec. 211.  No appropriations in this title shall be available to 
enter into any new lease of real property if the estimated annual 
rental cost is more than $1,000,000, unless the Secretary submits a 
report which the Committees on Appropriations of both Houses of 
Congress approve within 30 days following the date on which the report 
is received.
    Sec. 212.  No funds of the Department of Veterans Affairs shall be 
available for hospital care, nursing home care, or medical services 
provided to any person under chapter 17 of title 38, United States 
Code, for a non-service-connected disability described in section 
1729(a)(2) of such title, unless that person has disclosed to the 
Secretary of Veterans Affairs, in such form as the Secretary may 
require, current, accurate third-party reimbursement information for 
purposes of section 1729 of such title: Provided, That the Secretary 
may recover, in the same manner as any other debt due the United 
States, the reasonable charges for such care or services from any 
person who does not make such disclosure as required: Provided further, 
That any amounts so recovered for care or services provided in a prior 
fiscal year may be obligated by the Secretary during the fiscal year in 
which amounts are received.

                     (including transfer of funds)

    Sec. 213.  Notwithstanding any other provision of law, proceeds or 
revenues derived from enhanced-use leasing activities (including 
disposal) may be deposited into the ``Construction, major projects'' 
and ``Construction, minor projects'' accounts and be used for 
construction (including site acquisition and disposition), alterations, 
and improvements of any medical facility under the jurisdiction or for 
the use of the Department of Veterans Affairs. Such sums as realized 
are in addition to the amount provided for in ``Construction, major 
projects'' and ``Construction, minor projects''.
    Sec. 214.  Amounts made available under ``Medical services'' are 
available--
        (1) for furnishing recreational facilities, supplies, and 
    equipment; and
        (2) for funeral expenses, burial expenses, and other expenses 
    incidental to funerals and burials for beneficiaries receiving care 
    in the Department.

                     (including transfer of funds)

    Sec. 215.  Such sums as may be deposited to the Medical Care 
Collections Fund pursuant to section 1729A of title 38, United States 
Code, may be transferred to ``Medical services'', to remain available 
until expended for the purposes of that account.
    Sec. 216.  The Secretary of Veterans Affairs may enter into 
agreements with Indian tribes and tribal organizations which are party 
to the Alaska Native Health Compact with the Indian Health Service, and 
Indian tribes and tribal organizations serving rural Alaska which have 
entered into contracts with the Indian Health Service under the Indian 
Self Determination and Educational Assistance Act, to provide 
healthcare, including behavioral health and dental care. The Secretary 
shall require participating veterans and facilities to comply with all 
appropriate rules and regulations, as established by the Secretary. The 
term ``rural Alaska'' shall mean those lands sited within the external 
boundaries of the Alaska Native regions specified in sections 7(a)(1)-
(4) and (7)-(12) of the Alaska Native Claims Settlement Act, as amended 
(43 U.S.C. 1606), and those lands within the Alaska Native regions 
specified in sections 7(a)(5) and 7(a)(6) of the Alaska Native Claims 
Settlement Act, as amended (43 U.S.C. 1606), which are not within the 
boundaries of the Municipality of Anchorage, the Fairbanks North Star 
Borough, the Kenai Peninsula Borough or the Matanuska Susitna Borough.

                     (including transfer of funds)

    Sec. 217.  Such sums as may be deposited to the Department of 
Veterans Affairs Capital Asset Fund pursuant to section 8118 of title 
38, United States Code, may be transferred to the ``Construction, major 
projects'' and ``Construction, minor projects'' accounts, to remain 
available until expended for the purposes of these accounts.
    Sec. 218.  None of the funds made available in this title may be 
used to implement any policy prohibiting the Directors of the Veterans 
Integrated Services Networks from conducting outreach or marketing to 
enroll new veterans within their respective Networks.
    Sec. 219.  The Secretary of Veterans Affairs shall submit to the 
Committees on Appropriations of both Houses of Congress a quarterly 
report on the financial status of the Veterans Health Administration.

                     (including transfer of funds)

    Sec. 220.  Amounts made available under the ``Medical services'', 
``Medical support and compliance'', ``Medical facilities'', ``General 
operating expenses'', and ``National Cemetery Administration'' accounts 
for fiscal year 2010, may be transferred to or from the ``Information 
technology systems'' account: Provided, That before a transfer may take 
place, the Secretary of Veterans Affairs shall request from the 
Committees on Appropriations of both Houses of Congress the authority 
to make the transfer and an approval is issued.
    Sec. 221.  Amounts made available for the ``Information technology 
systems'' account may be transferred between projects: Provided, That 
no project may be increased or decreased by more than $1,000,000 of 
cost prior to submitting a request to the Committees on Appropriations 
of both Houses of Congress to make the transfer and an approval is 
issued, or absent a response, a period of 30 days has elapsed.
    Sec. 222. (a) Upon a determination by the Secretary of Veterans 
Affairs that such action is in the national interest, and will have a 
direct benefit for veterans through increased access to treatment, the 
Secretary of Veterans Affairs may transfer not more than $5,000,000 to 
the Secretary of Health and Human Services for the Graduate Psychology 
Education Program, which includes treatment of veterans, to support 
increased training of psychologists skilled in the treatment of post-
traumatic stress disorder, traumatic brain injury, and related 
disorders.
    (b) The Secretary of Health and Human Services may only use funds 
transferred under this section for the purposes described in subsection 
(a).
    (c) The Secretary of Veterans Affairs shall notify Congress of any 
such transfer of funds under this section.
    Sec. 223.  None of the funds appropriated or otherwise made 
available by this Act or any other Act for the Department of Veterans 
Affairs may be used in a manner that is inconsistent with--
        (1) section 842 of the Transportation, Treasury, Housing and 
    Urban Development, the Judiciary, the District of Columbia, and 
    Independent Agencies Appropriations Act, 2006 (Public Law 109-115; 
    119 Stat. 2506); or
        (2) section 8110(a)(5) of title 38, United States Code.
    Sec. 224.  Of the amounts made available to the Department of 
Veterans Affairs for fiscal year 2010, in this Act or any other Act, 
under the ``Medical facilities'' account for non-recurring maintenance, 
not more than 20 percent of the funds made available shall be obligated 
during the last 2 months of that fiscal year: Provided, That the 
Secretary may waive this requirement after providing written notice to 
the Committees on Appropriations of both Houses of Congress.
    Sec. 225.  Section 1925(d)(3) of title 38, United States Code, is 
amended by striking ``appropriation `General Operating Expenses, 
Department of Veterans Affairs''' and inserting ``appropriations for 
`General Operating Expenses and Information Technology Systems, 
Department of Veterans Affairs'''.
    Sec. 226.  Section 1922(a) of title 38, United States Code, is 
amended by striking ``administrative costs to the Government for the 
costs of'' and inserting ``administrative support financed by the 
appropriations for `General Operating Expenses, Department of Veterans 
Affairs' and `Information Technology Systems, Department of Veterans 
Affairs' for''.
    Sec. 227. (a) Effective October 1, 2010, the North Chicago Veterans 
Affairs Medical Center located in Lake County, Illinois, shall be known 
and designated as the ``Captain James A. Lovell Federal Health Care 
Center''.
    (b) Any reference to the medical center referred to in subsection 
(a) in any law, regulation, map, document, record, or other paper of 
the United States shall be considered to be a reference to the Captain 
James A. Lovell Federal Health Care Center.
    Sec. 228.  Section 315(b) of title 38, United States Code, is 
amended by striking ``December 31, 2009'' and inserting ``December 31, 
2010''.
    Sec. 229.  Section 1714(c) of title 38, United States Code is 
amended--
        (1) in paragraph (1), by striking ``and'' at the end;
        (2) in paragraph (2), by striking the period and inserting ``; 
    and''; and
        (3) by adding at the end the following new paragraph:
        ``(3) service dogs trained for the aid of persons with mental 
    illnesses, including post-traumatic stress disorder, to veterans 
    with such illnesses who are enrolled under section 1705 of this 
    title.''.
    Sec. 230. (a) The Department of Veterans Affairs Medical Center in 
Louisville, Kentucky, and any successor to such medical center, shall 
after the date of the enactment of this Act be known and designated as 
the ``Robley Rex Department of Veterans Affairs Medical Center''.
    (b) Any reference in any law, regulation, map, document, record, or 
other paper of the United States to the medical center referred to in 
subsection (a) shall be considered to be a reference to the Robley Rex 
Department of Veterans Affairs Medical Center.
    Sec. 231. (a) Section 2703(b) of the Emergency Supplemental 
Appropriations Act for Defense, the Global War on Terror, and Hurricane 
Recovery, 2006 (Public Law 109-234; 120 Stat. 469), as amended by 
section 231 of the Military Construction and Veterans Affairs and 
Related Agencies Appropriations Act, 2009 (division E of Public Law 
110-329; 122 Stat. 3713), is further amended by inserting after ``the 
City of Gulfport'' the following: ``, or its urban renewal agency,''.
    (b) The Secretary of Veterans Affairs shall take appropriate 
actions to modify the quitclaim deeds executed to effectuate the 
conveyance authorized by section 2703 of the Emergency Supplemental 
Appropriations Act for Defense, the Global War on Terror, and Hurricane 
Recovery, 2006, in order to accurately reflect and memorialize the 
amendment made by subsection (a).
    Sec. 232.  Of the amounts appropriated or otherwise made available 
by this title, the Secretary may execute $5,000,000 for cooperative 
agreements with State and local government entities or their designees 
with a demonstrated record of serving veterans to conduct outreach to 
ensure that veterans in underserved areas receive the care and benefits 
for which they are eligible.

                               TITLE III

                            RELATED AGENCIES

                  American Battle Monuments Commission

                         salaries and expenses

    For necessary expenses, not otherwise provided for, of the American 
Battle Monuments Commission, including the acquisition of land or 
interest in land in foreign countries; purchases and repair of uniforms 
for caretakers of national cemeteries and monuments outside of the 
United States and its territories and possessions; rent of office and 
garage space in foreign countries; purchase (one-for-one replacement 
basis only) and hire of passenger motor vehicles; not to exceed $7,500 
for official reception and representation expenses; and insurance of 
official motor vehicles in foreign countries, when required by law of 
such countries, $62,675,000, to remain available until expended.

                 foreign currency fluctuations account

    For necessary expenses, not otherwise provided for, of the American 
Battle Monuments Commission, such sums as may be necessary, to remain 
available until expended, for purposes authorized by section 2109 of 
title 36, United States Code.

           United States Court of Appeals for Veterans Claims

                         salaries and expenses

    For necessary expenses for the operation of the United States Court 
of Appeals for Veterans Claims as authorized by sections 7251 through 
7298 of title 38, United States Code, $27,115,000, of which $1,820,000 
shall be available for the purpose of providing financial assistance as 
described, and in accordance with the process and reporting procedures 
set forth, under this heading in Public Law 102-229.

                      Department of Defense--Civil

                       Cemeterial Expenses, Army

                         salaries and expenses

    For necessary expenses, as authorized by law, for maintenance, 
operation, and improvement of Arlington National Cemetery and Soldiers' 
and Airmen's Home National Cemetery, including the purchase of two 
passenger motor vehicles for replacement only, and not to exceed $1,000 
for official reception and representation expenses, $39,850,000, to 
remain available until expended: Provided, That none of the funds 
available under this heading shall be for construction of a perimeter 
wall at Arlington National Cemetery. In addition, such sums as may be 
necessary for parking maintenance, repairs and replacement, to be 
derived from the Lease of Department of Defense Real Property for 
Defense Agencies account.
    Funds appropriated under this Act may be provided to Arlington 
County, Virginia, for the relocation of the federally-owned water main 
at Arlington National Cemetery making additional land available for 
ground burials.

                      Armed Forces Retirement Home

                               trust fund

    For expenses necessary for the Armed Forces Retirement Home to 
operate and maintain the Armed Forces Retirement Home--Washington, 
District of Columbia, and the Armed Forces Retirement Home--Gulfport, 
Mississippi, to be paid from funds available in the Armed Forces 
Retirement Home Trust Fund, $134,000,000, of which $72,000,000 shall 
remain available until expended for construction and renovation of the 
physical plants at the Armed Forces Retirement Home--Washington, 
District of Columbia, and the Armed Forces Retirement Home--Gulfport, 
Mississippi.

                                TITLE IV

                    OVERSEAS CONTINGENCY OPERATIONS

                         DEPARTMENT OF DEFENSE

                      Military Construction, Army

    For an additional amount for ``Military Construction, Army'', 
$924,484,000, to remain available until September 30, 2012: Provided, 
That the amount appropriated in this paragraph shall be for the 
projects and activities, and in the amounts, specified under the 
headings ``Army'' in the table entitled ``Overseas Contingency 
Operations'' in the explanatory statement of managers to accompany this 
Act.

                    Military Construction, Air Force

    For an additional amount for ``Military Construction, Air Force'', 
$474,500,000, to remain available until September 30, 2012: Provided, 
That the amount appropriated in this paragraph shall be for the 
projects and activities, and in the amounts, specified under the 
headings ``Air Force'' in the table entitled ``Overseas Contingency 
Operations'' in the explanatory statement of managers to accompany this 
Act.

                        Administrative Provision

    Sec. 401.  Amounts appropriated or otherwise made available by this 
title are designated as being for overseas deployments and other 
activities pursuant to sections 401(c)(4) and 423(a)(1) of S. Con. Res. 
13 (111th Congress), the concurrent resolution on the budget for fiscal 
year 2010.

                                TITLE V

                           GENERAL PROVISIONS

    Sec. 501.  No part of any appropriation contained in this Act shall 
remain available for obligation beyond the current fiscal year unless 
expressly so provided herein.
    Sec. 502.  Such sums as may be necessary for fiscal year 2010 for 
pay raises for programs funded by this Act shall be absorbed within the 
levels appropriated in this Act.
    Sec. 503.  None of the funds made available in this Act may be used 
for any program, project, or activity, when it is made known to the 
Federal entity or official to which the funds are made available that 
the program, project, or activity is not in compliance with any Federal 
law relating to risk assessment, the protection of private property 
rights, or unfunded mandates.
    Sec. 504.  No part of any funds appropriated in this Act shall be 
used by an agency of the executive branch, other than for normal and 
recognized executive-legislative relationships, for publicity or 
propaganda purposes, and for the preparation, distribution, or use of 
any kit, pamphlet, booklet, publication, radio, television, or film 
presentation designed to support or defeat legislation pending before 
Congress, except in presentation to Congress itself.
    Sec. 505.  All departments and agencies funded under this Act are 
encouraged, within the limits of the existing statutory authorities and 
funding, to expand their use of ``E-Commerce'' technologies and 
procedures in the conduct of their business practices and public 
service activities.
    Sec. 506.  None of the funds made available in this Act may be 
transferred to any department, agency, or instrumentality of the United 
States Government except pursuant to a transfer made by, or transfer 
authority provided in, this or any other appropriations Act.
    Sec. 507.  Unless stated otherwise, all reports and notifications 
required by this Act shall be submitted to the Subcommittee on Military 
Construction and Veterans Affairs, and Related Agencies of the 
Committee on Appropriations of the House of Representatives and the 
Subcommittee on Military Construction and Veterans Affairs, and Related 
Agencies of the Committee on Appropriations of the Senate.
    Sec. 508.  None of the funds made available in this Act may be used 
for a project or program named for an individual serving as a Member, 
Delegate, or Resident Commissioner of the United States House of 
Representatives.
    Sec. 509.  None of the funds made available in this Act may be used 
for the processing of new enhanced-use leases at the National Homes for 
Disabled Volunteer Soldiers located in Milwaukee, Wisconsin.
    Sec. 510. (a) Any agency receiving funds made available in this 
Act, shall, subject to subsections (b) and (c), post on the public 
website of that agency any report required to be submitted by the 
Congress in this or any other Act, upon the determination by the head 
of the agency that it shall serve the national interest.
    (b) Subsection (a) shall not apply to a report if--
        (1) the public posting of the report compromises national 
    security; or
        (2) the report contains confidential or proprietary 
    information.
    (c) The head of the agency posting such report shall do so only 
after such report has been made available to the requesting Committee 
or Committees of Congress for no less than 45 days.
    Sec. 511.  None of the funds made available in this division or any 
other division in this Act may be distributed to the Association of 
Community Organizations for Reform Now (ACORN) or its subsidiaries.
     This division may be cited as the ``Military Construction and 
Veterans Affairs and Related Agencies Appropriations Act, 2010''.

   DIVISION F--DEPARTMENT OF STATE, FOREIGN OPERATIONS, AND RELATED 
                   PROGRAMS APPROPRIATIONS ACT, 2010

                                TITLE I

                 DEPARTMENT OF STATE AND RELATED AGENCY

                          DEPARTMENT OF STATE

                   Administration of Foreign Affairs

                    diplomatic and consular programs

                     (including transfer of funds)

    For necessary expenses of the Department of State and the Foreign 
Service not otherwise provided for, $8,227,000,000, of which 
$1,586,214,000 is for Worldwide Security Protection (to remain 
available until expended): Provided, That the Secretary of State may 
transfer up to $137,600,000 of the total funds made available under 
this heading to any other appropriation of any department or agency of 
the United States, upon the concurrence of the head of such department 
or agency, to support operations in and assistance for Afghanistan and 
to carry out the provisions of the Foreign Assistance Act of 1961: 
Provided further, That funds made available under this heading shall be 
allocated as follows:
        (1) Human resources.--For necessary expenses for training, 
    human resources management, and salaries, including employment 
    without regard to civil service and classification laws of persons 
    on a temporary basis (not to exceed $700,000), as authorized by 
    section 801 of the United States Information and Educational 
    Exchange Act of 1948, $2,667,130,000 to remain available until 
    September 30, 2011, of which not less than $138,075,000 shall be 
    available only for public diplomacy American salaries, and 
    $220,840,000 is for Worldwide Security Protection and shall remain 
    available until expended: Provided, That the Secretary of State 
    shall submit to the Committees on Appropriations, concurrent with 
    the fiscal year 2011 congressional budget justification materials, 
    a strategy described in the joint explanatory statement of the 
    committee of conference (hereafter ``joint explanatory statement'') 
    accompanying this Act for projected personnel requirements for the 
    United States Department of State over the next 3 fiscal years.
        (2) Overseas programs.--For necessary expenses for the regional 
    bureaus of the Department of State and overseas activities as 
    authorized by law, $2,495,158,000, to remain available until 
    September 30, 2011, of which not less than $381,800,000 shall be 
    available only for public diplomacy international information 
    programs.
        (3) Diplomatic policy and support.--For necessary expenses for 
    the functional bureaus of the Department of State including 
    representation to certain international organizations in which the 
    United States participates pursuant to treaties ratified pursuant 
    to the advice and consent of the Senate or specific Acts of 
    Congress, general administration, and arms control, 
    nonproliferation and disarmament activities as authorized, 
    $892,012,000, to remain available until September 30, 2011.
        (4) Security programs.--For necessary expenses for security 
    activities, $2,172,700,000, to remain available until September 30, 
    2011, of which $1,365,374,000 is for Worldwide Security Protection 
    and shall remain available until expended.
        (5) Fees and payments collected.--In addition to amounts 
    otherwise made available under this heading--
            (A) not to exceed $1,653,305 shall be derived from fees 
        collected from other executive agencies for lease or use of 
        facilities located at the International Center in accordance 
        with section 4 of the International Center Act, and, in 
        addition, as authorized by section 5 of such Act, $490,000, to 
        be derived from the reserve authorized by that section, to be 
        used for the purposes set out in that section;
            (B) as authorized by section 810 of the United States 
        Information and Educational Exchange Act, not to exceed 
        $6,000,000, to remain available until expended, may be credited 
        to this appropriation from fees or other payments received from 
        English teaching, library, motion pictures, and publication 
        programs and from fees from educational advising and counseling 
        and exchange visitor programs; and
            (C) not to exceed $15,000, which shall be derived from 
        reimbursements, surcharges and fees for use of Blair House 
        facilities.
        (6) Transfer, reprogramming, and spending plan.--
            (A) Notwithstanding any provision of this Act, funds may be 
        reprogrammed within and between subsections under this heading 
        subject to section 7015 of this Act.
            (B) Of the amount made available under this heading, not to 
        exceed $10,000,000 may be transferred to, and merged with, 
        funds made available by this Act under the heading 
        ``Emergencies in the Diplomatic and Consular Service'', to be 
        available only for emergency evacuations and rewards, as 
        authorized.
            (C) Funds appropriated under this heading are available for 
        acquisition by exchange or purchase of passenger motor vehicles 
        as authorized by law and, pursuant to 31 U.S.C. 1108(g), for 
        the field examination of programs and activities in the United 
        States funded from any account contained in this title.
            (D) Not later than 45 days after the enactment of this Act, 
        the Secretary of State shall submit to the Committees on 
        Appropriations a report detailing planned expenditures for 
        funds appropriated under this heading.

                   civilian stabilization initiative

    For necessary expenses to support, maintain, mobilize, and deploy a 
civilian response corps in coordination with the United States Agency 
for International Development (USAID), and for related reconstruction 
and stabilization assistance to prevent or respond to conflict or civil 
strife in foreign countries or regions, or to enable transition from 
such strife, $120,000,000, to remain available until expended: 
Provided, That funds made available under this heading may be made 
available in fiscal year 2010 to provide administrative expenses for 
the Office of the Coordinator for Reconstruction and Stabilization: 
Provided further, That notwithstanding any other provision of law and 
following consultation with the Committees on Appropriations, the 
President may exercise transfer authorities contained in the Foreign 
Assistance Act of 1961 for reconstruction and stabilization assistance 
managed by the Office of the Coordinator for Reconstruction and 
Stabilization only to support an actively deployed Civilian Response 
Corps, subject to the regular notification procedures of the Committees 
on Appropriations: Provided further, That of the funds appropriated 
under this heading, $10,000,000 shall be withheld from obligation until 
the Secretary of State reports to the Committees on Appropriations that 
the Department of State has signed a memorandum of understanding with 
the Department of Defense relating to the provision of airlift for 
deployment of Civilian Response Corps personnel and equipment: Provided 
further, That not later than 45 days after enactment of this Act, the 
Secretary of State and the USAID Administrator shall submit a 
coordinated joint spending plan for funds made available under this 
heading and under the heading ``Civilian Stabilization Initiative'' in 
title II of this Act.

                        capital investment fund

    For necessary expenses of the Capital Investment Fund, 
$139,000,000, to remain available until expended, as authorized: 
Provided, That section 135(e) of Public Law 103-236 shall not apply to 
funds available under this heading.

                      office of inspector general

    For necessary expenses of the Office of Inspector General, 
$100,000,000, notwithstanding section 209(a)(1) of the Foreign Service 
Act of 1980 (Public Law 96-465), as it relates to post inspections, of 
which $23,000,000 shall be for the Special Inspector General for Iraq 
Reconstruction for reconstruction oversight, and $23,000,000 shall be 
for the Special Inspector General for Afghanistan Reconstruction for 
reconstruction oversight.

               educational and cultural exchange programs

    For expenses of educational and cultural exchange programs, as 
authorized, $635,000,000, to remain available until expended: Provided, 
That not to exceed $5,000,000, to remain available until expended, may 
be credited to this appropriation from fees or other payments received 
from or in connection with English teaching, educational advising and 
counseling programs, and exchange visitor programs as authorized.

                       representation allowances

    For representation allowances as authorized, $8,175,000.

              protection of foreign missions and officials

    For expenses, not otherwise provided, to enable the Secretary of 
State to provide for extraordinary protective services, as authorized, 
$28,000,000, to remain available until September 30, 2011.

            embassy security, construction, and maintenance

    For necessary expenses for carrying out the Foreign Service 
Buildings Act of 1926 (22 U.S.C. 292-303), preserving, maintaining, 
repairing, and planning for buildings that are owned or directly leased 
by the Department of State, renovating, in addition to funds otherwise 
available, the Harry S Truman Building, and carrying out the Diplomatic 
Security Construction Program as authorized, $876,850,000, to remain 
available until expended as authorized, of which not to exceed $25,000 
may be used for domestic and overseas representation as authorized: 
Provided, That none of the funds appropriated in this paragraph shall 
be available for acquisition of furniture, furnishings, or generators 
for other departments and agencies.
    In addition, for the costs of worldwide security upgrades, 
acquisition, and construction as authorized, $847,300,000, to remain 
available until expended: Provided, That not later than 45 days after 
enactment of this Act, the Secretary of State shall submit to the 
Committees on Appropriations the proposed allocation of funds made 
available under this heading and the actual and anticipated proceeds of 
sales for all projects in fiscal year 2010.

           emergencies in the diplomatic and consular service

                     (including transfer of funds)

    For necessary expenses to enable the Secretary of State to meet 
unforeseen emergencies arising in the Diplomatic and Consular Service, 
$10,000,000, to remain available until expended as authorized, of which 
not to exceed $1,000,000 may be transferred to, and merged with, funds 
appropriated by this Act under the heading ``Repatriation Loans Program 
Account'', subject to the same terms and conditions.

                    buying power maintenance account

    To offset adverse fluctuations in foreign currency exchange rates 
and/or overseas wage and price changes, as authorized by section 24(b) 
of the State Department Basic Authorities Act of 1956 (22 U.S.C. 
2696(b)), $8,500,000, to remain available until expended.

                   repatriation loans program account

                     (including transfer of funds)

    For the cost of direct loans, $739,000, as authorized: Provided, 
That such costs, including the cost of modifying such loans, shall be 
as defined in section 502 of the Congressional Budget Act of 1974.
    In addition, for administrative expenses necessary to carry out the 
direct loan program, $711,000, which may be transferred to, and merged 
with, funds made available under the heading ``Diplomatic and Consular 
Programs''.

              payment to the american institute in taiwan

    For necessary expenses to carry out the Taiwan Relations Act 
(Public Law 96-8), $21,174,000.

     payment to the foreign service retirement and disability fund

    For payment to the Foreign Service Retirement and Disability Fund, 
as authorized, $158,900,000.

                      International Organizations

              contributions to international organizations

    For necessary expenses, not otherwise provided for, to meet annual 
obligations of membership in international multilateral organizations, 
pursuant to treaties ratified pursuant to the advice and consent of the 
Senate, conventions or specific Acts of Congress, $1,682,500,000: 
Provided, That the Secretary of State shall, at the time of the 
submission of the President's budget to Congress under section 1105(a) 
of title 31, United States Code, transmit to the Committees on 
Appropriations the most recent biennial budget prepared by the United 
Nations for the operations of the United Nations: Provided further, 
That the Secretary of State shall notify the Committees on 
Appropriations at least 15 days in advance (or in an emergency, as far 
in advance as is practicable) of any United Nations action to increase 
funding for any United Nations program without identifying an 
offsetting decrease elsewhere in the United Nations budget: Provided 
further, That any payment of arrearages under this heading shall be 
directed toward activities that are mutually agreed upon by the United 
States and the respective international organization: Provided further, 
That none of the funds appropriated under this heading shall be 
available for a United States contribution to an international 
organization for the United States share of interest costs made known 
to the United States Government by such organization for loans incurred 
on or after October 1, 1984, through external borrowings.

        contributions for international peacekeeping activities

    For necessary expenses to pay assessed and other expenses of 
international peacekeeping activities directed to the maintenance or 
restoration of international peace and security, $2,125,000,000, of 
which 15 percent shall remain available until September 30, 2011: 
Provided, That none of the funds made available by this Act shall be 
obligated or expended for any new or expanded United Nations 
peacekeeping mission unless, at least 15 days in advance of voting for 
the new or expanded mission in the United Nations Security Council (or 
in an emergency as far in advance as is practicable): (1) the 
Committees on Appropriations are notified of the estimated cost and 
length of the mission, the national interest that will be served, the 
planned exit strategy, and that the United Nations has taken 
appropriate measures to prevent United Nations employees, contractor 
personnel, and peacekeeping forces serving in the mission from 
trafficking in persons, exploiting victims of trafficking, or 
committing acts of illegal sexual exploitation, and to hold accountable 
individuals who engage in such acts while participating in the 
peacekeeping mission, including the prosecution in their home countries 
of such individuals in connection with such acts; and (2) notification 
pursuant to section 7015 of this Act is submitted, and the procedures 
therein followed, setting forth the source of funds that will be used 
to pay for the cost of the new or expanded mission: Provided further, 
That funds shall be available for peacekeeping expenses unless the 
Secretary of State determines that American manufacturers and suppliers 
are not being given opportunities to provide equipment, services, and 
material for United Nations peacekeeping activities equal to those 
being given to foreign manufacturers and suppliers.

                       International Commissions

    For necessary expenses, not otherwise provided for, to meet 
obligations of the United States arising under treaties, or specific 
Acts of Congress, as follows:

 international boundary and water commission, united states and mexico

    For necessary expenses for the United States Section of the 
International Boundary and Water Commission, United States and Mexico, 
and to comply with laws applicable to the United States Section, 
including not to exceed $6,000 for representation; as follows:

                         salaries and expenses

    For salaries and expenses, not otherwise provided for, $33,000,000.

                              construction

    For detailed plan preparation and construction of authorized 
projects, $43,250,000, to remain available until expended, as 
authorized.

              american sections, international commissions

    For necessary expenses, not otherwise provided, for the 
International Joint Commission and the International Boundary 
Commission, United States and Canada, as authorized by treaties between 
the United States and Canada or Great Britain, and the Border 
Environment Cooperation Commission as authorized by Public Law 103-182, 
$12,608,000: Provided, That of the amount provided under this heading 
for the International Joint Commission, $9,000 may be made available 
for representation expenses.

                  international fisheries commissions

    For necessary expenses for international fisheries commissions, not 
otherwise provided for, as authorized by law, $53,976,000: Provided, 
That the United States share of such expenses may be advanced to the 
respective commissions pursuant to 31 U.S.C. 3324: Provided further, 
That in addition to other funds available for such purposes, funds 
available under this heading may be used to make payments necessary to 
fulfill the United States' obligations under the Pacific Salmon Treaty.

                             RELATED AGENCY

                    Broadcasting Board of Governors

                 international broadcasting operations

    For necessary expenses to enable the Broadcasting Board of 
Governors (BBG), as authorized, to carry out international 
communication activities, including the purchase, rent, construction, 
and improvement of facilities for radio and television transmission and 
reception and purchase, lease, and installation of necessary equipment 
for radio and television transmission and reception to Cuba, and to 
make and supervise grants for radio and television broadcasting to the 
Middle East, $733,788,000, of which not more than $5,500,000 may be 
made available for non-salary and benefits expenses for TV Marti 
broadcasts to Cuba: Provided, That of the total amount in this heading, 
not to exceed $16,000 may be used for official receptions within the 
United States as authorized, not to exceed $35,000 may be used for 
representation abroad as authorized, and not to exceed $39,000 may be 
used for official reception and representation expenses of Radio Free 
Europe/Radio Liberty: Provided further, That the authority provided by 
section 504(c) of the Foreign Relations Authorization Act, Fiscal Year 
2003 (Public Law 107-228; 22 U.S.C. 6206 note) shall remain in effect 
through September 30, 2010: Provided further, That not later than 45 
days after enactment of this Act, the BBG shall report to the 
Committees on Appropriations that all BBG language services and 
grantees, including the broadcasters to the Middle East, Afghanistan, 
and Pakistan, have processes and policies, including appropriate 
management and editorial controls, to require that programming abide by 
the standards and principles set forth in the United States 
International Broadcasting Act of 1994 (22 U.S.C. 6202(a) and (b)) and 
the relevant journalistic code of ethics, and not provide an open 
platform for terrorists or those who support terrorists: Provided 
further, That the BBG shall notify the Committees on Appropriations 
within 15 days of any determination by the Board that any of its 
broadcast entities, including its grantee organizations, was found to 
be in violation of the principles, standards, or journalistic code of 
ethics referenced in the previous proviso: Provided further, That in 
addition to funds made available under this heading, and 
notwithstanding any other provision of law, up to $2,000,000 in 
receipts from advertising and revenue from business ventures, up to 
$500,000 in receipts from cooperating international organizations, and 
up to $1,000,000 in receipts from privatization efforts of the Voice of 
America and the International Broadcasting Bureau, to remain available 
until expended for carrying out authorized purposes.

                   broadcasting capital improvements

    For the purchase, rent, construction, and improvement of facilities 
for radio and television transmission and reception, and purchase and 
installation of necessary equipment for radio and television 
transmission and reception as authorized, $12,622,000, to remain 
available until expended, as authorized.

                            RELATED PROGRAMS

                          The Asia Foundation

    For a grant to The Asia Foundation, as authorized by The Asia 
Foundation Act (22 U.S.C. 4402), $19,000,000, to remain available until 
expended, as authorized.

                    United States Institute of Peace

    For necessary expenses of the United States Institute of Peace, as 
authorized by the United States Institute of Peace Act, $49,220,000, to 
remain available until September 30, 2011, of which up to $15,000,000 
may be used for construction activities.

         Center for Middle Eastern-Western Dialogue Trust Fund

    For necessary expenses of the Center for Middle Eastern-Western 
Dialogue Trust Fund, the total amount of the interest and earnings 
accruing to such Fund on or before September 30, 2010, to remain 
available until expended.

                 Eisenhower Exchange Fellowship Program

    For necessary expenses of Eisenhower Exchange Fellowships, 
Incorporated, as authorized by sections 4 and 5 of the Eisenhower 
Exchange Fellowship Act of 1990 (20 U.S.C. 5204-5205), all interest and 
earnings accruing to the Eisenhower Exchange Fellowship Program Trust 
Fund on or before September 30, 2010, to remain available until 
expended: Provided, That none of the funds appropriated herein shall be 
used to pay any salary or other compensation, or to enter into any 
contract providing for the payment thereof, in excess of the rate 
authorized by 5 U.S.C. 5376; or for purposes which are not in 
accordance with OMB Circulars A-110 (Uniform Administrative 
Requirements) and A-122 (Cost Principles for Non-profit Organizations), 
including the restrictions on compensation for personal services.

                    Israeli Arab Scholarship Program

    For necessary expenses of the Israeli Arab Scholarship Program, as 
authorized by section 214 of the Foreign Relations Authorization Act, 
Fiscal Years 1992 and 1993 (22 U.S.C. 2452), all interest and earnings 
accruing to the Israeli Arab Scholarship Fund on or before September 
30, 2010, to remain available until expended.

                            East-West Center

    To enable the Secretary of State to provide for carrying out the 
provisions of the Center for Cultural and Technical Interchange Between 
East and West Act of 1960, by grant to the Center for Cultural and 
Technical Interchange Between East and West in the State of Hawaii, 
$23,000,000: Provided, That none of the funds appropriated herein shall 
be used to pay any salary, or enter into any contract providing for the 
payment thereof, in excess of the rate authorized by 5 U.S.C. 5376.

                    National Endowment for Democracy

    For grants made by the Department of State to the National 
Endowment for Democracy, as authorized by the National Endowment for 
Democracy Act, $118,000,000, to remain available until expended, of 
which $100,000,000 shall be allocated in the traditional and customary 
manner, including for the core institutes, and $18,000,000 shall be for 
democracy, human rights, and rule of law programs: Provided, That the 
President of the National Endowment for Democracy shall provide to the 
Committees on Appropriations not later than 45 days after the date of 
enactment of this Act a report on the proposed uses of funds under this 
heading on a regional and country basis.

                           OTHER COMMISSIONS

      Commission for the Preservation of America's Heritage Abroad

                         salaries and expenses

    For necessary expenses for the Commission for the Preservation of 
America's Heritage Abroad, $635,000, as authorized by section 1303 of 
Public Law 99-83.

      United States Commission on International Religious Freedom

                         salaries and expenses

    For necessary expenses for the United States Commission on 
International Religious Freedom, as authorized by title II of the 
International Religious Freedom Act of 1998 (Public Law 105-292), 
$4,300,000, to remain available until September 30, 2011: Provided, 
That notwithstanding the expenditure limitation specified in section 
208(c)(1) of such Act (22 U.S.C. 6435a(c)(1)), the Commission may 
expend up to $250,000 of the funds made available under this heading to 
procure temporary and intermittent services under the authority of 
section 3109(b) of title 5, United States Code.

            Commission on Security and Cooperation in Europe

                         salaries and expenses

    For necessary expenses of the Commission on Security and 
Cooperation in Europe, as authorized by Public Law 94-304, $2,610,000, 
to remain available until September 30, 2011.

  Congressional-Executive Commission on the People's Republic of China

                         salaries and expenses

    For necessary expenses of the Congressional-Executive Commission on 
the People's Republic of China, as authorized, $2,000,000, including 
not more than $3,000 for the purpose of official representation, to 
remain available until September 30, 2011.

      United States-China Economic and Security Review Commission

                         salaries and expenses

    For necessary expenses of the United States-China Economic and 
Security Review Commission, $3,500,000, including not more than $4,000 
for the purpose of official representation, to remain available until 
September 30, 2011: Provided, That the Commission shall provide to the 
Committees on Appropriations a quarterly accounting of the cumulative 
balances of any unobligated funds that were received by the Commission 
during any previous fiscal year: Provided further, That section 308(e) 
of the United States-China Relations Act of 2000 (22 U.S.C. 6918(e)) 
(relating to the treatment of employees as Congressional employees), 
and section 309 of such Act (22 U.S.C. 6919) (relating to printing and 
binding costs), shall apply to the Commission in the same manner as 
such section applies to the Congressional-Executive Commission on the 
People's Republic of China: Provided further, That the Commission shall 
comply with chapter 43 of title 5, United States Code, regarding the 
establishment and regular review of employee performance appraisals: 
Provided further, That the Commission shall comply with section 4505a 
of title 5, United States Code, with respect to limitations on payment 
of performance-based cash awards: Provided further, That compensation 
for the executive director of the Commission may not exceed the rate 
payable for level II of the Executive Schedule under section 5313 of 
title 5, United States Code: Provided further, That travel by members 
and staff of the Commission shall be arranged and conducted under the 
rules and procedures applying to travel by members and staff of the 
House of Representatives.

                                TITLE II

           UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT

                  Funds Appropriated to the President

                           operating expenses

                     (including transfer of funds)

    For necessary expenses to carry out the provisions of section 667 
of the Foreign Assistance Act of 1961, $1,388,800,000, of which up to 
$105,000,000 may remain available until September 30, 2011: Provided, 
That none of the funds appropriated under this heading and under the 
heading ``Capital Investment Fund'' in this Act may be made available 
to finance the construction (including architect and engineering 
services), purchase, or long-term lease of offices for use by the 
United States Agency for International Development (USAID), unless the 
USAID Administrator has identified such proposed construction 
(including architect and engineering services), purchase, or long-term 
lease of offices in a report submitted to the Committees on 
Appropriations at least 15 days prior to the obligation of funds for 
such purposes: Provided further, That the previous proviso shall not 
apply when the total cost of construction (including architect and 
engineering services), purchase, or long-term lease of offices does not 
exceed $1,000,000: Provided further, That of the funds appropriated 
under this heading that are available for capital investments related 
to the Development Leadership Initiative, up to $245,000,000 may remain 
available until September 30, 2014: Provided further, That the USAID 
Administrator shall submit to the Committees on Appropriations, 
concurrent with the fiscal year 2011 congressional budget justification 
materials, a strategy described in the joint explanatory statement 
accompanying this Act for projected personnel requirements for USAID 
over the next 3 fiscal years: Provided further, That contracts or 
agreements entered into with funds appropriated under this heading may 
entail commitments for the expenditure of such funds through the 
following fiscal year: Provided further, That any decision to open a 
new USAID overseas mission or office or, except where there is a 
substantial security risk to mission personnel, to close or 
significantly reduce the number of personnel of any such mission or 
office, shall be subject to the regular notification procedures of the 
Committees on Appropriations: Provided further, That the authority of 
sections 610 and 109 of the Foreign Assistance Act of 1961 may be 
exercised by the Secretary of State to transfer funds appropriated to 
carry out chapter 1 of part I of such Act to ``Operating Expenses'' in 
accordance with the provisions of those sections: Provided further, 
That of the funds appropriated or made available under this heading, 
not to exceed $250,000 may be available for representation and 
entertainment allowances, of which not to exceed $5,000 may be 
available for entertainment allowances, for USAID during the current 
fiscal year: Provided further, That no such entertainment funds may be 
used for the purposes listed in section 7020 of this Act: Provided 
further, That appropriate steps shall be taken to assure that, to the 
maximum extent possible, United States-owned foreign currencies are 
utilized in lieu of dollars.

                   civilian stabilization initiative

    For necessary expenses to carry out section 667 of the Foreign 
Assistance Act of 1961 for the United States Agency for International 
Development (USAID) to support, maintain, mobilize, and deploy a 
Civilian Response Corps in coordination with the Department of State, 
and for related reconstruction and stabilization assistance to prevent 
or respond to conflict or civil strife in foreign countries or regions, 
or to enable transition from such strife, $30,000,000, to remain 
available until expended: Provided, That not later than 45 days after 
enactment of this Act, the Secretary of State and the USAID 
Administrator shall submit a coordinated joint spending plan for funds 
made available under this heading and under the heading ``Civilian 
Stabilization Initiative'' in title I of this Act.

                        capital investment fund

    For necessary expenses for overseas construction and related costs, 
and for the procurement and enhancement of information technology and 
related capital investments, pursuant to section 667 of the Foreign 
Assistance Act of 1961, $185,000,000, to remain available until 
expended, of which not more than $134,500,000 may be made available for 
the purpose of implementing the Capital Security Cost-Sharing Program: 
Provided, That this amount is in addition to funds otherwise available 
for such purposes: Provided further, That funds appropriated under this 
heading shall be available for obligation only pursuant to the regular 
notification procedures of the Committees on Appropriations.

                      office of inspector general

    For necessary expenses to carry out the provisions of section 667 
of the Foreign Assistance Act of 1961, $46,500,000, to remain available 
until September 30, 2011, which sum shall be available for the Office 
of Inspector General of the United States Agency for International 
Development.

                               TITLE III

                     BILATERAL ECONOMIC ASSISTANCE

                  Funds Appropriated to the President

    For necessary expenses to enable the President to carry out the 
provisions of the Foreign Assistance Act of 1961, and for other 
purposes, to remain available until September 30, 2010, unless 
otherwise specified herein, as follows:

                    global health and child survival

                     (including transfer of funds)

    For necessary expenses to carry out the provisions of chapters 1 
and 10 of part I of the Foreign Assistance Act of 1961, for global 
health activities, in addition to funds otherwise available for such 
purposes, $2,420,000,000, to remain available until September 30, 2011, 
and which shall be apportioned directly to the United States Agency for 
International Development (USAID): Provided, That this amount shall be 
made available for such activities as: (1) child survival and maternal 
health programs; (2) immunization and oral rehydration programs; (3) 
other health, nutrition, water and sanitation programs which directly 
address the needs of mothers and children, and related education 
programs; (4) assistance for children displaced or orphaned by causes 
other than AIDS; (5) programs for the prevention, treatment, control 
of, and research on HIV/AIDS, tuberculosis, polio, malaria, and other 
infectious diseases including neglected tropical diseases, and for 
assistance to communities severely affected by HIV/AIDS, including 
children infected or affected by AIDS; and (6) family planning/
reproductive health: Provided further, That none of the funds 
appropriated under this paragraph may be made available for nonproject 
assistance, except that funds may be made available for such assistance 
for ongoing health activities: Provided further, That of the funds 
appropriated under this paragraph, $78,000,000 should be made available 
for a United States contribution to the GAVI Alliance: Provided 
further, That none of the funds made available in this Act nor any 
unobligated balances from prior appropriations Acts may be made 
available to any organization or program which, as determined by the 
President of the United States, supports or participates in the 
management of a program of coercive abortion or involuntary 
sterilization: Provided further, That any determination made under the 
previous proviso must be made no later than 6 months after the date of 
enactment of this Act, and must be accompanied by the evidence and 
criteria utilized to make the determination: Provided further, That 
none of the funds made available under this Act may be used to pay for 
the performance of abortion as a method of family planning or to 
motivate or coerce any person to practice abortions: Provided further, 
That nothing in this paragraph shall be construed to alter any existing 
statutory prohibitions against abortion under section 104 of the 
Foreign Assistance Act of 1961: Provided further, That none of the 
funds made available under this Act may be used to lobby for or against 
abortion: Provided further, That in order to reduce reliance on 
abortion in developing nations, funds shall be available only to 
voluntary family planning projects which offer, either directly or 
through referral to, or information about access to, a broad range of 
family planning methods and services, and that any such voluntary 
family planning project shall meet the following requirements: (1) 
service providers or referral agents in the project shall not implement 
or be subject to quotas, or other numerical targets, of total number of 
births, number of family planning acceptors, or acceptors of a 
particular method of family planning (this provision shall not be 
construed to include the use of quantitative estimates or indicators 
for budgeting and planning purposes); (2) the project shall not include 
payment of incentives, bribes, gratuities, or financial reward to: (A) 
an individual in exchange for becoming a family planning acceptor; or 
(B) program personnel for achieving a numerical target or quota of 
total number of births, number of family planning acceptors, or 
acceptors of a particular method of family planning; (3) the project 
shall not deny any right or benefit, including the right of access to 
participate in any program of general welfare or the right of access to 
health care, as a consequence of any individual's decision not to 
accept family planning services; (4) the project shall provide family 
planning acceptors comprehensible information on the health benefits 
and risks of the method chosen, including those conditions that might 
render the use of the method inadvisable and those adverse side effects 
known to be consequent to the use of the method; and (5) the project 
shall ensure that experimental contraceptive drugs and devices and 
medical procedures are provided only in the context of a scientific 
study in which participants are advised of potential risks and 
benefits; and, not less than 60 days after the date on which the USAID 
Administrator determines that there has been a violation of the 
requirements contained in paragraph (1), (2), (3), or (5) of this 
proviso, or a pattern or practice of violations of the requirements 
contained in paragraph (4) of this proviso, the Administrator shall 
submit to the Committees on Appropriations a report containing a 
description of such violation and the corrective action taken by the 
Agency: Provided further, That in awarding grants for natural family 
planning under section 104 of the Foreign Assistance Act of 1961 no 
applicant shall be discriminated against because of such applicant's 
religious or conscientious commitment to offer only natural family 
planning; and, additionally, all such applicants shall comply with the 
requirements of the previous proviso: Provided further, That for 
purposes of this or any other Act authorizing or appropriating funds 
for the Department of State, foreign operations, and related programs, 
the term ``motivate'', as it relates to family planning assistance, 
shall not be construed to prohibit the provision, consistent with local 
law, of information or counseling about all pregnancy options: Provided 
further, That to the maximum extent practicable, taking into 
consideration cost, timely availability, and best health practices, 
funds appropriated in this Act or prior appropriations Acts that are 
made available for condom procurement should be made available for the 
procurement of condoms manufactured in the United States: Provided 
further, That information provided about the use of condoms as part of 
projects or activities that are funded from amounts appropriated by 
this Act shall be medically accurate and shall include the public 
health benefits and failure rates of such use.
    In addition, for necessary expenses to carry out the provisions of 
the Foreign Assistance Act of 1961 for the prevention, treatment, and 
control of, and research on, HIV/AIDS, $5,359,000,000, to remain 
available until expended, and which shall be apportioned directly to 
the Department of State: Provided, That of the funds appropriated under 
this paragraph, not less than $750,000,000 shall be made available, 
notwithstanding any other provision of law, except for the United 
States Leadership Against HIV/AIDS, Tuberculosis and Malaria Act of 
2003 (Public Law 108-25), as amended, for a United States contribution 
to the Global Fund to Fight AIDS, Tuberculosis and Malaria, and shall 
be expended at the minimum rate necessary to make timely payment for 
projects and activities: Provided further, That up to 5 percent of the 
aggregate amount of funds made available to the Global Fund in fiscal 
year 2010 may be made available to USAID for technical assistance 
related to the activities of the Global Fund: Provided further, That of 
the funds appropriated under this paragraph, up to $14,000,000 may be 
made available, in addition to amounts otherwise available for such 
purposes, for administrative expenses of the Office of the United 
States Global AIDS Coordinator.

                         development assistance

    For necessary expenses to carry out the provisions of sections 103, 
105, 106, and sections 251 through 255, and chapter 10 of part I of the 
Foreign Assistance Act of 1961, $2,520,000,000, to remain available 
until September 30, 2011: Provided, That of the funds appropriated by 
this Act, not less than $265,000,000 shall be made available for 
microenterprise and microfinance development programs for the poor, 
especially women: Provided further, That of the funds appropriated 
under this heading, not less than $23,500,000 shall be made available 
for the American Schools and Hospitals Abroad program: Provided 
further, That of the funds appropriated under this heading, $10,000,000 
shall be made available for cooperative development programs within the 
Office of Private and Voluntary Cooperation, United States Agency for 
International Development (USAID): Provided further, That of the funds 
appropriated by this Act, not less than $315,000,000 shall be made 
available for water and sanitation supply projects pursuant to the 
Senator Paul Simon Water for the Poor Act of 2005 (Public Law 109-121): 
Provided further, That the relevant bureaus and offices of USAID that 
support cross-cutting development programs shall coordinate such 
programs on a regular basis: Provided further, That of the funds 
appropriated by title III of this Act, not less than $1,169,833,000 
should be made available for food security and agricultural development 
programs, which may be made available notwithstanding any other 
provision of law to address critical food shortages, of which 
$31,500,000 shall be made available for Collaborative Research Support 
Programs: Provided further, That prior to the obligation of funds 
pursuant to the previous proviso and after consultation with other 
relevant Federal departments and agencies, the Committees on 
Appropriations, and relevant nongovernmental organizations, the USAID 
Administrator shall submit to the Committees on Appropriations a 
strategy for achieving food security and agricultural development 
program goals: Provided further, That of the funds appropriated under 
this heading for food security and agricultural development programs, 
$10,000,000 shall be made available for a United States contribution to 
the endowment of the Global Crop Diversity Trust pursuant to section 
3202 of Public Law 110-246: Provided further, That of the funds 
appropriated under this heading, not less than $20,000,000 shall be 
made available for programs to improve women's leadership capacity in 
recipient countries.

                   international disaster assistance

    For necessary expenses to carry out the provisions of section 491 
of the Foreign Assistance Act of 1961 for international disaster 
relief, rehabilitation, and reconstruction assistance, $845,000,000, to 
remain available until expended.

                         transition initiatives

    For necessary expenses for international disaster rehabilitation 
and reconstruction assistance pursuant to section 491 of the Foreign 
Assistance Act of 1961, $55,000,000, to remain available until 
expended, to support transition to democracy and to long-term 
development of countries in crisis: Provided, That such support may 
include assistance to develop, strengthen, or preserve democratic 
institutions and processes, revitalize basic infrastructure, and foster 
the peaceful resolution of conflict: Provided further, That the United 
States Agency for International Development shall submit a report to 
the Committees on Appropriations at least 5 days prior to beginning a 
new program of assistance: Provided further, That if the Secretary of 
State determines that it is important to the national interests of the 
United States to provide transition assistance in excess of the amount 
appropriated under this heading, up to $15,000,000 of the funds 
appropriated by this Act to carry out the provisions of part I of the 
Foreign Assistance Act of 1961 may be used for purposes of this heading 
and under the authorities applicable to funds appropriated under this 
heading: Provided further, That funds made available pursuant to the 
previous proviso shall be made available subject to prior consultation 
with the Committees on Appropriations.

                          complex crises fund

    For necessary expenses to carry out the provisions of the Foreign 
Assistance Act of 1961 to enable the Administrator of the United States 
Agency for International Development (USAID), in consultation with the 
Secretary of State, to support programs and activities to prevent or 
respond to emerging or unforeseen complex crises overseas, $50,000,000, 
to remain available until expended: Provided, That funds appropriated 
under this heading may be made available on such terms and conditions 
as the USAID Administrator may determine, in consultation with the 
Committees on Appropriations, for the purposes of preventing or 
responding to such crises, except that no funds shall be made available 
to respond to natural disasters: Provided further, That funds 
appropriated under this heading shall be made available notwithstanding 
section 10 of Public Law 91-672 and section 15 of the State Department 
Basic Authorities Act of 1956: Provided further, That the USAID 
Administrator may furnish assistance under this heading notwithstanding 
any other provision of law, except sections 7007, 7008, and 7018 of 
this Act and section 620J of the Foreign Assistance Act of 1961: 
Provided further, That funds appropriated under this heading shall be 
subject to the regular notification procedures of the Committees on 
Appropriations, except that such notifications shall be transmitted at 
least 5 days in advance of the obligation of funds: Provided further, 
That the requirements of the previous proviso may be waived if failure 
to do so would pose a substantial risk to human health or welfare: 
Provided further, That in case of any such waiver, notification to the 
Committees on Appropriations shall be provided as early as practicable, 
but in no event later than 3 days after taking the action to which such 
notification requirement was applicable, in the context of the 
circumstances necessitating such waiver: Provided further, That any 
such notification provided pursuant to such waiver shall contain an 
explanation of the emergency circumstances.

                      development credit authority

                     (including transfer of funds)

    For the cost of direct loans and loan guarantees provided by the 
United States Agency for International Development, as authorized by 
sections 256 and 635 of the Foreign Assistance Act of 1961, up to 
$25,000,000 may be derived by transfer from funds appropriated by this 
Act to carry out part I of such Act and under the heading ``Assistance 
for Europe, Eurasia and Central Asia'': Provided, That funds provided 
under this paragraph and funds provided as a gift pursuant to section 
635(d) of the Foreign Assistance Act of 1961 shall be made available 
only for micro and small enterprise programs, urban programs, and other 
programs which further the purposes of part I of such Act: Provided 
further, That such costs, including the cost of modifying such direct 
and guaranteed loans, shall be as defined in section 502 of the 
Congressional Budget Act of 1974, as amended: Provided further, That 
funds made available by this paragraph may be used for the cost of 
modifying any such guaranteed loans under this Act or prior Acts, and 
funds used for such costs shall be subject to the regular notification 
procedures of the Committees on Appropriations: Provided further, That 
the provisions of section 107A(d) (relating to general provisions 
applicable to the Development Credit Authority) of the Foreign 
Assistance Act of 1961, as contained in section 306 of H.R. 1486 as 
reported by the House Committee on International Relations on May 9, 
1997, shall be applicable to direct loans and loan guarantees provided 
under this heading: Provided further, That these funds are available to 
subsidize total loan principal, any portion of which is to be 
guaranteed, of up to $700,000,000.
    In addition, for administrative expenses to carry out credit 
programs administered by the United States Agency for International 
Development, $8,600,000, which may be transferred to, and merged with, 
funds made available under the heading ``Operating Expenses'' in title 
II of this Act: Provided, That funds made available under this heading 
shall remain available until September 30, 2012.

                         economic support fund

                     (including transfer of funds)

    For necessary expenses to carry out the provisions of chapter 4 of 
part II of the Foreign Assistance Act of 1961, $6,337,000,000, to 
remain available until September 30, 2011: Provided, That of the funds 
appropriated under this heading, $250,000,000 shall be available only 
for assistance for Egypt, which sum shall be provided on a grant basis, 
and of which sum cash transfer assistance shall be provided with the 
understanding that Egypt will undertake significant economic and 
democratic reforms which are additional to those which were undertaken 
in previous fiscal years: Provided further, That of the funds 
appropriated under this heading for assistance for Egypt, not less than 
$25,000,000 shall be made available for democracy, human rights and 
governance programs, and not less than $35,000,000 shall be made 
available for education programs, of which not less than $10,000,000 is 
for scholarships for Egyptian students with high financial need: 
Provided further, That $11,000,000 of the funds appropriated under this 
heading should be made available for assistance for Cyprus to be used 
only for scholarships, administrative support of the scholarship 
program, bicommunal projects, and measures aimed at reunification of 
the island and designed to reduce tensions and promote peace and 
cooperation between the two communities on Cyprus: Provided further, 
That $12,000,000 of the funds made available for assistance for Lebanon 
under this heading shall be made available for educational scholarships 
for students in Lebanon with high financial need: Provided further, 
That of the funds appropriated under this heading, not less than 
$363,000,000 shall be made available only for assistance for Jordan: 
Provided further, That of the funds appropriated under this heading not 
more than $400,400,000 may be made available for assistance for the 
West Bank and Gaza, of which not to exceed $2,000,000 may be used for 
administrative expenses of the United States Agency for International 
Development (USAID), in addition to funds otherwise available for such 
purposes: Provided further, That not more than $150,000,000 of the 
funds provided for the West Bank and Gaza shall be for cash transfer 
assistance: Provided further, That funds appropriated under this 
heading that are made available for assistance for infrastructure 
projects in Pakistan shall be implemented in a manner consistent with 
section 507(6) of the Trade Act of 1974 (19 U.S.C. 2467(6)): Provided 
further, That of the funds appropriated under this heading for 
assistance for Afghanistan and Pakistan, assistance may be provided 
notwithstanding any provision of law that restricts assistance to 
foreign countries for cross border stabilization and development 
programs between Afghanistan and Pakistan or between either country and 
the Central Asian republics: Provided further, That funds appropriated 
by this Act for assistance for Afghanistan and Pakistan may be made 
available for government-to-government assistance only if the Secretary 
of State certifies to the Committees on Appropriations that the 
Government of the United States and the government of the recipient 
country have agreed, in writing, to clear and achievable goals and 
objectives for the use of such funds, and have established mechanisms 
within each implementing agency to ensure that such funds are used for 
the purposes for which they were intended: Provided further, That any 
such cash transfer assistance shall be subject to prior consultation 
with the Committees on Appropriations: Provided further, That the 
Secretary of State should suspend any such cash transfer assistance to 
an implementing agency if the Secretary has credible evidence of misuse 
of such funds by any such agency: Provided further, That any decision 
to significantly modify the scope, objectives or implementation 
mechanisms of United States assistance programs in Afghanistan or 
Pakistan shall be subject to prior consultation with, and the regular 
notification procedures of, the Committees on Appropriations, except 
that the prior consultation requirement may be waived if it is 
determined that failure to do so would pose a substantial risk to human 
health or welfare: Provided further, That in case of any such waiver, 
notification to the Committees on Appropriations shall be provided as 
early as practicable, but in no event later than 3 days after taking 
the action to which such consultation requirement was applicable: 
Provided further, That of the funds made available under this heading 
for assistance for Pakistan, $2,000,000 shall be transferred to, and 
merged with, funds available under the heading ``Administration of 
Foreign Affairs, Office of Inspector General'' for oversight of 
programs in Pakistan: Provided further, That of the funds appropriated 
under this heading, $209,790,000 shall be apportioned directly to USAID 
for alternative development/institution building programs in Colombia: 
Provided further, That of the funds appropriated under this heading 
that are available for assistance for Colombia, not less than 
$8,000,000 shall be transferred to, and merged with, funds appropriated 
under the heading ``Migration and Refugee Assistance'' and shall be 
made available only for assistance to nongovernmental and international 
organizations that provide assistance to Colombian refugees in 
neighboring countries.

                             democracy fund

    For necessary expenses to carry out the provisions of the Foreign 
Assistance Act of 1961 for the promotion of democracy globally, 
$120,000,000, to remain available until September 30, 2011, of which 
$70,000,000 shall be made available for the Human Rights and Democracy 
Fund of the Bureau of Democracy, Human Rights and Labor, Department of 
State, and $50,000,000 shall be made available for the Office of 
Democracy and Governance of the Bureau for Democracy, Conflict, and 
Humanitarian Assistance, United States Agency for International 
Development.

                     international fund for ireland

    For necessary expenses to carry out the provisions of chapter 4 of 
part II of the Foreign Assistance Act of 1961, $17,000,000, which shall 
be available for the United States contribution to the International 
Fund for Ireland and shall be made available in accordance with the 
provisions of the Anglo-Irish Agreement Support Act of 1986 (Public Law 
99-415): Provided, That such amount shall be expended at the minimum 
rate necessary to make timely payment for projects and activities: 
Provided further, That funds made available under this heading shall 
remain available until September 30, 2011.

            assistance for europe, eurasia and central asia

    For necessary expenses to carry out the provisions of the Foreign 
Assistance Act of 1961, the FREEDOM Support Act, and the Support for 
East European Democracy (SEED) Act of 1989, $741,632,000, to remain 
available until September 30, 2011, which shall be available, 
notwithstanding any other provision of law, for assistance and for 
related programs for countries identified in section 3 of the FREEDOM 
Support Act and section 3(c) of the SEED Act: Provided, That funds 
appropriated under this heading shall be considered to be economic 
assistance under the Foreign Assistance Act of 1961 for purposes of 
making available the administrative authorities contained in that Act 
for the use of economic assistance: Provided further, That 
notwithstanding any provision of this or any other Act, funds 
appropriated in prior years under the headings ``Independent States of 
the Former Soviet Union'' and similar headings and ``Assistance for 
Eastern Europe and the Baltic States'' and similar headings, and 
currencies generated by or converted from such funds, shall be 
available for use in any country for which funds are made available 
under this heading without regard to the geographic limitations of the 
heading under which such funds were originally appropriated: Provided 
further, That funds made available for the Southern Caucasus region may 
be used for confidence-building measures and other activities in 
furtherance of the peaceful resolution of conflicts, including in 
Nagorno-Karabakh: Provided further, That of the funds appropriated 
under this heading that are available for assistance for the Kyrgyz 
Republic, up to $11,500,000 shall be made available for the Joint 
Development Fund.

                          Department of State

                    migration and refugee assistance

    For necessary expenses, not otherwise provided for, to enable the 
Secretary of State to provide, as authorized by law, a contribution to 
the International Committee of the Red Cross, assistance to refugees, 
including contributions to the International Organization for Migration 
and the United Nations High Commissioner for Refugees, and other 
activities to meet refugee and migration needs; salaries and expenses 
of personnel and dependents as authorized by the Foreign Service Act of 
1980; allowances as authorized by sections 5921 through 5925 of title 
5, United States Code; purchase and hire of passenger motor vehicles; 
and services as authorized by section 3109 of title 5, United States 
Code, $1,685,000,000, to remain available until expended, of which 
$25,000,000 shall be made available for refugees resettling in Israel, 
and not less than $35,000,000 shall be made available to respond to 
small-scale emergency humanitarian requirements of international and 
nongovernmental partners.

     united states emergency refugee and migration assistance fund

    For necessary expenses to carry out the provisions of section 2(c) 
of the Migration and Refugee Assistance Act of 1962, as amended (22 
U.S.C. 2601(c)), $45,000,000, to remain available until expended.

                          Independent Agencies

                              peace corps

                     (including transfer of funds)

    For necessary expenses to carry out the provisions of the Peace 
Corps Act (22 U.S.C. 2501-2523), including the purchase of not to 
exceed five passenger motor vehicles for administrative purposes for 
use outside of the United States, $400,000,000, to remain available 
until September 30, 2011: Provided, That none of the funds appropriated 
under this heading shall be used to pay for abortions: Provided 
further, That the Director of the Peace Corps may transfer to the 
Foreign Currency Fluctuations Account, as authorized by 22 U.S.C. 2515, 
an amount not to exceed $5,000,000: Provided further, That funds 
transferred pursuant to the previous proviso may not be derived from 
amounts made available for Peace Corps overseas operations: Provided 
further, That of the funds appropriated under this heading, not to 
exceed $4,000 may be made available for entertainment expenses: 
Provided further, That any decision to open, close, significantly 
reduce, or suspend a domestic or overseas office or country program 
shall be subject to prior consultation with, and the regular 
notification procedures of, the Committees on Appropriations, except 
that prior consultation and regular notification procedures may be 
waived when there is a substantial security risk to volunteers or other 
Peace Corps personnel, pursuant to section 7015(e) of this Act: 
Provided further, That not later than 45 days after enactment of this 
Act, the Director shall submit a spending plan to the Committees on 
Appropriations on the proposed uses of funds under this heading: 
Provided further, That not later than 180 days after enactment of this 
Act, the Director shall, after consultation with the Committees on 
Appropriations, submit a report to the Committees that includes the 
findings of a comprehensive assessment of the current program model of 
the Peace Corps and a strategy for reforming and improving operations.

                    millennium challenge corporation

                     (including transfer of funds)

    For necessary expenses to carry out the provisions of the 
Millennium Challenge Act of 2003, $1,105,000,000 to remain available 
until expended: Provided, That of the funds appropriated under this 
heading, up to $95,000,000 may be available for administrative expenses 
of the Millennium Challenge Corporation (the Corporation): Provided 
further, That up to 10 percent of the funds appropriated under this 
heading may be made available to carry out the purposes of section 616 
of the Millennium Challenge Act of 2003 for fiscal year 2010: Provided 
further, That section 605(e)(4) of the Millennium Challenge Act of 2003 
shall apply to funds appropriated under this heading: Provided further, 
That funds appropriated under this heading may be made available for a 
Millennium Challenge Compact entered into pursuant to section 609 of 
the Millennium Challenge Act of 2003 only if such Compact obligates, or 
contains a commitment to obligate subject to the availability of funds 
and the mutual agreement of the parties to the Compact to proceed, the 
entire amount of the United States Government funding anticipated for 
the duration of the Compact: Provided further, That the Corporation 
should reimburse the United States Agency for International Development 
(USAID) for all expenses incurred by USAID with funds appropriated 
under this heading in assisting the Corporation in carrying out such 
Act, including administrative costs for compact development, 
negotiation, and implementation: Provided further, That the Chief 
Executive Officer of the Millennium Challenge Corporation shall notify 
the Committees on Appropriations not later than 15 days prior to 
signing any new country compact or new threshold country program; 
terminating or suspending any country compact or threshold country 
program; or commencing negotiations for any new compact or threshold 
country program: Provided further, That funds appropriated by this Act 
or any prior Act appropriating funds for the Department of State, 
foreign operations, and related programs that are made available for a 
Millennium Challenge Compact and that are suspended or terminated by 
the Chief Executive Officer of the Corporation shall be subject to the 
regular notification procedures of the Committees on Appropriations 
prior to re-obligation: Provided further, That none of the funds 
appropriated by this Act and prior Acts making appropriations for the 
Department of State, foreign operations, and related programs under 
this heading may be used for military assistance or military training, 
including for assistance for military or paramilitary purposes and for 
assistance to military forces: Provided further, That the terms and 
conditions of section 1105(c) of Public Law 111-32 shall apply to funds 
appropriated under this heading: Provided further, That a Millennium 
Challenge Corporation candidate country selected as an eligible country 
in fiscal year 2009 in accordance with section 607(c) of the Millennium 
Challenge Act of 2003 that is transitioning out of one of the income 
categories identified in subsections 606(a) and (b) shall retain its 
candidacy status at the lower income category for purposes of setting 
compact funding levels for the fiscal year of its transition and the 
two subsequent fiscal years: Provided further, That of the funds 
appropriated under this heading, not to exceed $100,000 may be 
available for representation and entertainment allowances, of which not 
to exceed $5,000 may be available for entertainment allowances.

                       inter-american foundation

    For necessary expenses to carry out the functions of the Inter-
American Foundation in accordance with the provisions of section 401 of 
the Foreign Assistance Act of 1969, $23,000,000, to remain available 
until September 30, 2011: Provided, That of the funds appropriated 
under this heading, not to exceed $2,000 may be available for 
entertainment and representation allowances.

                     african development foundation

    For necessary expenses to carry out title V of the International 
Security and Development Cooperation Act of 1980 (Public Law 96-533), 
$30,000,000, to remain available until September 30, 2011: Provided, 
That funds made available to grantees may be invested pending 
expenditure for project purposes when authorized by the Board of 
Directors of the Foundation: Provided further, That interest earned 
shall be used only for the purposes for which the grant was made: 
Provided further, That notwithstanding section 505(a)(2) of the African 
Development Foundation Act, in exceptional circumstances the Board of 
Directors of the Foundation may waive the $250,000 limitation contained 
in that section with respect to a project and a project may exceed the 
limitation by up to $10,000 if the increase is due solely to foreign 
currency fluctuation: Provided further, That the Foundation shall 
provide a report to the Committees on Appropriations after each time 
such waiver authority is exercised.

                       Department of the Treasury

               international affairs technical assistance

    For necessary expenses to carry out the provisions of section 129 
of the Foreign Assistance Act of 1961, $25,000,000, to remain available 
until September 30, 2012, which shall be available notwithstanding any 
other provision of law.

                           debt restructuring

    For the cost, as defined in section 502 of the Congressional Budget 
Act of 1974, of modifying loans and loan guarantees, as the President 
may determine, for which funds have been appropriated or otherwise made 
available for programs within the International Affairs Budget Function 
150, including the cost of selling, reducing, or canceling amounts owed 
to the United States as a result of concessional loans made to eligible 
countries, pursuant to parts IV and V of the Foreign Assistance Act of 
1961, of modifying concessional credit agreements with least developed 
countries, as authorized under section 411 of the Agricultural Trade 
Development and Assistance Act of 1954, as amended, of concessional 
loans, guarantees and credit agreements, as authorized under section 
572 of the Foreign Operations, Export Financing, and Related Programs 
Appropriations Act, 1989 (Public Law 100-461), and of canceling amounts 
owed, as a result of loans or guarantees made pursuant to the Export-
Import Bank Act of 1945, by countries that are eligible for debt 
reduction pursuant to title V of H.R. 3425 as enacted into law by 
section 1000(a)(5) of Public Law 106-113, $60,000,000, to remain 
available until September 30, 2012: Provided, That not less than 
$20,000,000 of the funds appropriated under this heading shall be made 
available to carry out the provisions of part V of the Foreign 
Assistance Act of 1961: Provided further, That amounts paid to the 
Heavily Indebted Poor Countries (HIPC) Trust Fund may be used only to 
fund debt reduction under the enhanced HIPC initiative by--
        (1) the Inter-American Development Bank;
        (2) the African Development Fund;
        (3) the African Development Bank; and
        (4) the Central American Bank for Economic Integration:
Provided further, That funds may not be paid to the HIPC Trust Fund for 
the benefit of any country if the Secretary of State has credible 
evidence that the central government of such country is engaged in a 
consistent pattern of gross violations of internationally recognized 
human rights or in military or civil conflict that undermines its 
ability to develop and implement measures to alleviate poverty and to 
devote adequate human and financial resources to that end: Provided 
further, That on the basis of final appropriations, the Secretary of 
the Treasury shall consult with the Committees on Appropriations 
concerning which countries and international financial institutions are 
expected to benefit from a United States contribution to the HIPC Trust 
Fund during the fiscal year: Provided further, That the Secretary of 
the Treasury shall notify the Committees on Appropriations not less 
than 15 days in advance of the signature of an agreement by the United 
States to make payments to the HIPC Trust Fund of amounts for such 
countries and institutions: Provided further, That the Secretary of the 
Treasury may disburse funds designated for debt reduction through the 
HIPC Trust Fund only for the benefit of countries that--
        (1) have committed, for a period of 24 months, not to accept 
    new market-rate loans from the international financial institution 
    receiving debt repayment as a result of such disbursement, other 
    than loans made by such institutions to export-oriented commercial 
    projects that generate foreign exchange which are generally 
    referred to as ``enclave'' loans; and
        (2) have documented and demonstrated their commitment to 
    redirect their budgetary resources from international debt 
    repayments to programs to alleviate poverty and promote economic 
    growth that are additional to or expand upon those previously 
    available for such purposes:
Provided further, That any limitation of subsection (e) of section 411 
of the Agricultural Trade Development and Assistance Act of 1954 shall 
not apply to funds appropriated under this heading: Provided further, 
That none of the funds made available under this heading in this or any 
other appropriations Act shall be made available for Sudan or Burma 
unless the Secretary of the Treasury determines and notifies the 
Committees on Appropriations that a democratically elected government 
has taken office.

                                TITLE IV

                   INTERNATIONAL SECURITY ASSISTANCE

                          Department of State

          international narcotics control and law enforcement

    For necessary expenses to carry out section 481 of the Foreign 
Assistance Act of 1961, $1,597,000,000, to remain available until 
September 30, 2011: Provided, That during fiscal year 2010, the 
Department of State may also use the authority of section 608 of the 
Foreign Assistance Act of 1961, without regard to its restrictions, to 
receive excess property from an agency of the United States Government 
for the purpose of providing it to a foreign country or international 
organization under chapter 8 of part I of that Act subject to the 
regular notification procedures of the Committees on Appropriations: 
Provided further, That the Secretary of State shall provide to the 
Committees on Appropriations not later than 45 days after the date of 
the enactment of this Act and prior to the initial obligation of funds 
appropriated under this heading, a report on the proposed uses of all 
funds under this heading on a country-by-country basis for each 
proposed program, project, or activity: Provided further, That section 
482(b) of the Foreign Assistance Act of 1961 shall not apply to funds 
appropriated under this heading: Provided further, That assistance 
provided with funds appropriated under this heading that is made 
available notwithstanding section 482(b) of the Foreign Assistance Act 
of 1961 shall be made available subject to the regular notification 
procedures of the Committees on Appropriations: Provided further, That 
of the funds appropriated under this heading, $5,000,000 should be made 
available to combat piracy of United States copyrighted materials, 
consistent with the requirements of section 688(a) and (b) of the 
Department of State, Foreign Operations, and Related Programs 
Appropriations Act, 2008 (division J of Public Law 110-161): Provided 
further, That none of the funds appropriated under this heading for 
assistance for Afghanistan may be made available for eradication 
programs through the aerial spraying of herbicides unless the Secretary 
of State determines and reports to the Committees on Appropriations 
that the President of Afghanistan has requested assistance for such 
aerial spraying programs for counternarcotics purposes: Provided 
further, That in the event the Secretary of State makes a determination 
pursuant to the previous proviso, the Secretary shall consult with the 
Committees on Appropriations prior to the obligation of funds for such 
eradication programs: Provided further, That none of the funds 
appropriated under this heading for assistance for Colombia shall be 
made available for budget support or as cash payments: Provided 
further, That none of the funds appropriated under this heading shall 
be made available for assistance for the Bolivian military and police 
unless the Secretary of State determines and reports to the Committees 
on Appropriations that the Government of Bolivia is investigating, 
prosecuting, and punishing military and police personnel who have been 
credibly alleged to have violated internationally recognized human 
rights.

    nonproliferation, anti-terrorism, demining and related programs

    For necessary expenses for nonproliferation, anti-terrorism, 
demining and related programs and activities, $754,000,000, to carry 
out the provisions of chapter 8 of part II of the Foreign Assistance 
Act of 1961 for anti-terrorism assistance, chapter 9 of part II of the 
Foreign Assistance Act of 1961, section 504 of the FREEDOM Support Act, 
section 23 of the Arms Export Control Act or the Foreign Assistance Act 
of 1961 for demining activities, the clearance of unexploded ordnance, 
the destruction of small arms, and related activities, notwithstanding 
any other provision of law, including activities implemented through 
nongovernmental and international organizations, and section 301 of the 
Foreign Assistance Act of 1961 for a voluntary contribution to the 
International Atomic Energy Agency (IAEA), and for a United States 
contribution to the Comprehensive Nuclear Test Ban Treaty Preparatory 
Commission: Provided, That of this amount not to exceed $75,000,000, to 
remain available until expended, may be made available for the 
Nonproliferation and Disarmament Fund, notwithstanding any other 
provision of law, to promote bilateral and multilateral activities 
relating to nonproliferation, disarmament and weapons destruction: 
Provided further, That such funds may also be used for such countries 
other than the Independent States of the former Soviet Union and 
international organizations when it is in the national security 
interest of the United States to do so: Provided further, That funds 
made available for the Nonproliferation and Disarmament Fund shall be 
subject to prior consultation with, and the regular notification 
procedures of, the Committees on Appropriations: Provided further, That 
funds appropriated under this heading may be made available for the 
IAEA unless the Secretary of State determines that Israel is being 
denied its right to participate in the activities of that Agency: 
Provided further, That of the funds appropriated under this heading, 
not more than $500,000 may be made available for public-private 
partnerships for conventional weapons and mine action by grant, 
cooperative agreement or contract: Provided further, That of the funds 
made available for demining and related activities, not to exceed 
$700,000, in addition to funds otherwise available for such purposes, 
may be used for administrative expenses related to the operation and 
management of the demining program: Provided further, That funds 
appropriated under this heading that are available for ``Anti-terrorism 
Assistance'' and ``Export Control and Border Security'' shall remain 
available until September 30, 2011.

                        peacekeeping operations

    For necessary expenses to carry out the provisions of section 551 
of the Foreign Assistance Act of 1961, $331,500,000: Provided, That 
funds appropriated under this heading may be used, notwithstanding 
section 660 of such Act, to provide assistance to enhance the capacity 
of foreign civilian security forces, including gendarmes, to 
participate in peacekeeping operations: Provided further, That of the 
funds appropriated under this heading, up to $102,000,000 may be made 
available for assistance for Somalia, of which up to $55,000,000 may be 
used to pay assessed expenses of international peacekeeping activities 
in Somalia: Provided further, That of the funds appropriated under this 
heading, not less than $26,000,000 shall be made available for a United 
States contribution to the Multinational Force and Observers mission in 
the Sinai: Provided further, That none of the funds appropriated under 
this heading shall be obligated or expended except as provided through 
the regular notification procedures of the Committees on 
Appropriations.

                  Funds Appropriated to the President

             international military education and training

    For necessary expenses to carry out the provisions of section 541 
of the Foreign Assistance Act of 1961, $108,000,000, of which up to 
$4,000,000 may remain available until expended and may only be provided 
through the regular notification procedures of the Committees on 
Appropriations: Provided, That the civilian personnel for whom military 
education and training may be provided under this heading may include 
civilians who are not members of a government whose participation would 
contribute to improved civil-military relations, civilian control of 
the military, or respect for human rights: Provided further, That funds 
made available under this heading for assistance for Angola, 
Bangladesh, Cameroon, Central African Republic, Chad, Cote d'Ivoire, 
Democratic Republic of the Congo, Ethiopia, Guatemala, Guinea, Haiti, 
Kenya, Libya, Nepal, Nigeria, and Sri Lanka may only be provided 
through the regular notification procedures of the Committees on 
Appropriations and any such notification shall include a detailed 
description of proposed activities: Provided further, That of the funds 
appropriated under this heading, not to exceed $55,000 may be available 
for entertainment allowances.

                   foreign military financing program

    For necessary expenses for grants to enable the President to carry 
out the provisions of section 23 of the Arms Export Control Act, 
$4,195,000,000: Provided, That to expedite the provision of assistance 
to foreign countries and international organizations, the Secretary of 
State, following consultation with the Committees on Appropriations and 
subject to the regular notification procedures of such Committees, may 
use the funds appropriated under this heading to procure defense 
articles and services to enhance the capacity of foreign security 
forces: Provided further, That of the funds appropriated under this 
heading, not less than $2,220,000,000 shall be available for grants 
only for Israel, and not less than $1,040,000,000 shall be made 
available for grants only for Egypt, including for border security 
programs and activities in the Sinai: Provided further, That the funds 
appropriated under this heading for assistance for Israel shall be 
disbursed within 30 days of the enactment of this Act: Provided 
further, That to the extent that the Government of Israel requests that 
funds be used for such purposes, grants made available for Israel under 
this heading shall, as agreed by the United States and Israel, be 
available for advanced weapons systems, of which not less than 
$583,860,000 shall be available for the procurement in Israel of 
defense articles and defense services, including research and 
development: Provided further, That funds appropriated under this 
heading estimated to be outlayed for Egypt during fiscal year 2010 
shall be transferred to an interest bearing account for Egypt in the 
Federal Reserve Bank of New York within 30 days of enactment of this 
Act:  Provided further, That of the funds appropriated under this 
heading, $150,000,000 shall be made available for assistance for 
Jordan: Provided further, That of the funds appropriated under this 
heading, not more than $55,000,000 shall be available for assistance 
for Colombia, of which up to $12,500,000 is available to support 
maritime interdiction and riverine operations: Provided further, That 
of the funds appropriated under this heading, not less than 
$238,000,000 should be made available for assistance for Pakistan: 
Provided further, That in addition to the funds made available in the 
previous proviso, up to $60,000,000 of the funds appropriated under the 
heading ``Economic Support Fund'' in this Act and prior Acts making 
appropriations for the Department of State, foreign operations, and 
related programs, may be transferred to, and merged with, funds 
appropriated under this heading and made available for assistance for 
Pakistan, subject to the regular notification procedures of the 
Committees on Appropriations: Provided further, That none of the funds 
made available under this heading shall be made available to support or 
continue any program initially funded under the authority of section 
1206 of the National Defense Authorization Act for Fiscal Year 2006 
(Public Law 109-163; 119 Stat. 3456) unless the Secretary of State, in 
coordination with the Secretary of Defense, has justified such program 
to the Committees on Appropriations: Provided further, That funds 
appropriated or otherwise made available under this heading shall be 
nonrepayable notwithstanding any requirement in section 23 of the Arms 
Export Control Act: Provided further, That funds made available under 
this heading shall be obligated upon apportionment in accordance with 
paragraph (5)(C) of title 31, United States Code, section 1501(a).
    None of the funds made available under this heading shall be 
available to finance the procurement of defense articles, defense 
services, or design and construction services that are not sold by the 
United States Government under the Arms Export Control Act unless the 
foreign country proposing to make such procurements has first signed an 
agreement with the United States Government specifying the conditions 
under which such procurements may be financed with such funds: 
Provided, That all country and funding level increases in allocations 
shall be submitted through the regular notification procedures of 
section 7015 of this Act: Provided further, That none of the funds 
appropriated under this heading may be made available for assistance 
for Nepal, Sri Lanka, Pakistan, Bangladesh, Philippines, Indonesia, 
Bosnia and Herzegovina, Haiti, Guatemala, Ethiopia, Cambodia, Kenya, 
Chad, and the Democratic Republic of the Congo except pursuant to the 
regular notification procedures of the Committees on Appropriations: 
Provided further, That funds made available under this heading may be 
used, notwithstanding any other provision of law, for demining, the 
clearance of unexploded ordnance, and related activities, and may 
include activities implemented through nongovernmental and 
international organizations: Provided further, That only those 
countries for which assistance was justified for the ``Foreign Military 
Sales Financing Program'' in the fiscal year 1989 congressional 
presentation for security assistance programs may utilize funds made 
available under this heading for procurement of defense articles, 
defense services or design and construction services that are not sold 
by the United States Government under the Arms Export Control Act: 
Provided further, That funds appropriated under this heading shall be 
expended at the minimum rate necessary to make timely payment for 
defense articles and services: Provided further, That not more than 
$54,464,000 of the funds appropriated under this heading may be 
obligated for necessary expenses, including the purchase of passenger 
motor vehicles for replacement only for use outside of the United 
States, for the general costs of administering military assistance and 
sales, except that this limitation may be exceeded only through the 
regular notification procedures of the Committees on Appropriations: 
Provided further, That of the funds appropriated under this heading for 
general costs of administering military assistance and sales, not to 
exceed $4,000 may be available for entertainment expenses and not to 
exceed $130,000 may be available for representation allowances: 
Provided further, That not more than $550,000,000 of funds realized 
pursuant to section 21(e)(1)(A) of the Arms Export Control Act may be 
obligated for expenses incurred by the Department of Defense during 
fiscal year 2010 pursuant to section 43(b) of the Arms Export Control 
Act, except that this limitation may be exceeded only through the 
regular notification procedures of the Committees on Appropriations.

                                TITLE V

                        MULTILATERAL ASSISTANCE

                  Funds Appropriated to the President

                international organizations and programs

    For necessary expenses to carry out the provisions of section 301 
of the Foreign Assistance Act of 1961, and of section 2 of the United 
Nations Environment Program Participation Act of 1973, $394,000,000: 
Provided, That section 307(a) of the Foreign Assistance Act of 1961 
shall not apply to contributions to the United Nations Democracy Fund.

                  international financial institutions

                      global environment facility

    For the United States contribution for the Global Environment 
Facility, $86,500,000, to the International Bank for Reconstruction and 
Development as trustee for the Global Environment Facility, by the 
Secretary of the Treasury, to remain available until expended.

       contribution to the international development association

    For payment to the International Development Association by the 
Secretary of the Treasury, $1,262,500,000, to remain available until 
expended.

               contribution to the clean technology fund

    For contributions to the multilateral Clean Technology Fund, 
$300,000,000, to remain available until expended.

               contribution to the strategic climate fund

    For contributions to the multilateral Strategic Climate Fund, 
$75,000,000, to remain available until expended.

          contribution to the inter-american development bank

    For payment to the Inter-American Investment Corporation by the 
Secretary of the Treasury, $4,670,000, to remain available until 
expended.

contribution to the enterprise for the americas multilateral investment 
                                  fund

    For payment to the Enterprise for the Americas Multilateral 
Investment Fund by the Secretary of the Treasury, for the United States 
contribution to the fund, $25,000,000, to remain available until 
expended.

               contribution to the asian development fund

    For the United States contribution by the Secretary of the Treasury 
to the increase in resources of the Asian Development Fund, as 
authorized by the Asian Development Bank Act, as amended, $105,000,000, 
to remain available until expended.

              contribution to the african development fund

    For the United States contribution by the Secretary of the Treasury 
to the increase in resources of the African Development Fund, 
$155,000,000, to remain available until expended.

  contribution to the international fund for agricultural development

    For the United States contribution by the Secretary of the Treasury 
to increase the resources of the International Fund for Agricultural 
Development, $30,000,000, to remain available until expended.

                                TITLE VI

                    EXPORT AND INVESTMENT ASSISTANCE

                Export-import Bank of the United States

                           inspector general

    For necessary expenses of the Office of Inspector General in 
carrying out the provisions of the Inspector General Act of 1978, as 
amended, $2,500,000, to remain available until September 30, 2011.

                            program account

    The Export-Import Bank of the United States is authorized to make 
such expenditures within the limits of funds and borrowing authority 
available to such corporation, and in accordance with law, and to make 
such contracts and commitments without regard to fiscal year 
limitations, as provided by section 104 of the Government Corporation 
Control Act, as may be necessary in carrying out the program for the 
current fiscal year for such corporation: Provided, That none of the 
funds available during the current fiscal year may be used to make 
expenditures, contracts, or commitments for the export of nuclear 
equipment, fuel, or technology to any country, other than a nuclear-
weapon state as defined in Article IX of the Treaty on the Non-
Proliferation of Nuclear Weapons eligible to receive economic or 
military assistance under this Act, that has detonated a nuclear 
explosive after the date of the enactment of this Act: Provided 
further, That notwithstanding section 1(c) of Public Law 103-428, as 
amended, sections 1(a) and (b) of Public Law 103-428 shall remain in 
effect through October 1, 2010: Provided further, That not less than 10 
percent of the aggregate loan, guarantee, and insurance authority 
available to the Export-Import Bank under this Act should be used for 
renewable energy technologies or end-use energy efficiency 
technologies.

                         subsidy appropriation

    For the cost of direct loans, loan guarantees, insurance, and tied-
aid grants as authorized by section 10 of the Export-Import Bank Act of 
1945, as amended, not to exceed $58,000,000: Provided, That such costs, 
including the cost of modifying such loans, shall be as defined in 
section 502 of the Congressional Budget Act of 1974: Provided further, 
That such funds shall remain available until September 30, 2025, for 
the disbursement of direct loans, loan guarantees, insurance and tied-
aid grants obligated in fiscal years 2010, 2011, 2012, and 2013: 
Provided further, That none of the funds appropriated by this Act or 
any prior Acts appropriating funds for the Department of State, foreign 
operations, and related programs for tied-aid credits or grants may be 
used for any other purpose except through the regular notification 
procedures of the Committees on Appropriations: Provided further, That 
funds appropriated by this paragraph are made available notwithstanding 
section 2(b)(2) of the Export-Import Bank Act of 1945, in connection 
with the purchase or lease of any product by any Eastern European 
country, any Baltic State or any agency or national thereof.

                        administrative expenses

    For administrative expenses to carry out the direct and guaranteed 
loan and insurance programs, including hire of passenger motor vehicles 
and services as authorized by 5 U.S.C. 3109, and not to exceed $30,000 
for official reception and representation expenses for members of the 
Board of Directors, not to exceed $83,880,000: Provided, That the 
Export-Import Bank may accept, and use, payment or services provided by 
transaction participants for legal, financial, or technical services in 
connection with any transaction for which an application for a loan, 
guarantee or insurance commitment has been made: Provided further, That 
notwithstanding subsection (b) of section 117 of the Export Enhancement 
Act of 1992, subsection (a) thereof shall remain in effect until 
October 1, 2010.

                           receipts collected

    Receipts collected pursuant to the Export-Import Bank Act of 1945, 
as amended, and the Federal Credit Reform Act of 1990, as amended, in 
an amount not to exceed the amount appropriated herein, shall be 
credited as offsetting collections to this account: Provided, That the 
sums herein appropriated from the General Fund shall be reduced on a 
dollar-for-dollar basis by such offsetting collections so as to result 
in a final fiscal year appropriation from the General Fund estimated at 
$0: Provided further, That amounts collected in fiscal year 2010 in 
excess of obligations shall become available on September 1, 2010 and 
shall remain available until September 30, 2013.

                Overseas Private Investment Corporation

                           noncredit account

    The Overseas Private Investment Corporation is authorized to make, 
without regard to fiscal year limitations, as provided by 31 U.S.C. 
9104, such expenditures and commitments within the limits of funds 
available to it and in accordance with law as may be necessary: 
Provided, That the amount available for administrative expenses to 
carry out the credit and insurance programs (including an amount for 
official reception and representation expenses which shall not exceed 
$35,000) shall not exceed $52,310,000: Provided further, That project-
specific transaction costs, including direct and indirect costs 
incurred in claims settlements, and other direct costs associated with 
services provided to specific investors or potential investors pursuant 
to section 234 of the Foreign Assistance Act of 1961, shall not be 
considered administrative expenses for the purposes of this heading.

                            program account

    For the cost of direct and guaranteed loans, $29,000,000, as 
authorized by section 234 of the Foreign Assistance Act of 1961, to be 
derived by transfer from the Overseas Private Investment Corporation 
Noncredit Account: Provided, That such costs, including the cost of 
modifying such loans, shall be as defined in section 502 of the 
Congressional Budget Act of 1974: Provided further, That such sums 
shall be available for direct loan obligations and loan guaranty 
commitments incurred or made during fiscal years 2010, 2011, and 2012: 
Provided further, That funds so obligated in fiscal year 2010 remain 
available for disbursement through 2018; funds obligated in fiscal year 
2011 remain available for disbursement through 2019; and funds 
obligated in fiscal year 2012 remain available for disbursement through 
2020: Provided further, That notwithstanding any other provision of 
law, the Overseas Private Investment Corporation is authorized to 
undertake any program authorized by title IV of the Foreign Assistance 
Act of 1961 in Iraq: Provided further, That funds made available 
pursuant to the authority of the previous proviso shall be subject to 
the regular notification procedures of the Committees on 
Appropriations.
    In addition, such sums as may be necessary for administrative 
expenses to carry out the credit program may be derived from amounts 
available for administrative expenses to carry out the credit and 
insurance programs in the Overseas Private Investment Corporation 
Noncredit Account and merged with said account.

                  Funds Appropriated to the President

                      trade and development agency

    For necessary expenses to carry out the provisions of section 661 
of the Foreign Assistance Act of 1961, $55,200,000, to remain available 
until September 30, 2011: Provided, That of the funds appropriated 
under this heading, not more than $4,000 may be available for 
representation and entertainment allowances.

                               TITLE VII

                           GENERAL PROVISIONS

                      allowances and differentials

    Sec. 7001.  Funds appropriated under title I of this Act shall be 
available, except as otherwise provided, for allowances and 
differentials as authorized by subchapter 59 of title 5, United States 
Code; for services as authorized by 5 U.S.C. 3109; and for hire of 
passenger transportation pursuant to 31 U.S.C. 1343(b).

                      unobligated balances report

    Sec. 7002.  Any department or agency of the United States 
Government to which funds are appropriated or otherwise made available 
by this Act shall provide to the Committees on Appropriations a 
quarterly accounting of cumulative balances by program, project, and 
activity of the funds received by such department or agency in this 
fiscal year or any previous fiscal year that remain unobligated and 
unexpended.

                          consulting services

    Sec. 7003.  The expenditure of any appropriation under title I of 
this Act for any consulting service through procurement contract, 
pursuant to 5 U.S.C. 3109, shall be limited to those contracts where 
such expenditures are a matter of public record and available for 
public inspection, except where otherwise provided under existing law, 
or under existing Executive order issued pursuant to existing law.

                          embassy construction

    Sec. 7004. (a) Of funds provided under title I of this Act, except 
as provided in subsection (b), a project to construct a diplomatic 
facility of the United States may not include office space or other 
accommodations for an employee of a Federal agency or department if the 
Secretary of State determines that such department or agency has not 
provided to the Department of State the full amount of funding required 
by subsection (e) of section 604 of the Secure Embassy Construction and 
Counterterrorism Act of 1999 (as enacted into law by section 1000(a)(7) 
of Public Law 106-113 and contained in appendix G of that Act; 113 
Stat. 1501A-453), as amended by section 629 of the Departments of 
Commerce, Justice, and State, the Judiciary, and Related Agencies 
Appropriations Act, 2005.
    (b) Notwithstanding the prohibition in subsection (a), a project to 
construct a diplomatic facility of the United States may include office 
space or other accommodations for members of the United States Marine 
Corps.
    (c) Funds appropriated by this Act, and any prior Act making 
appropriations for the Department of State, foreign operations, and 
related programs, which may be made available for the acquisition of 
property for diplomatic facilities in Kabul, Afghanistan, shall be 
subject to prior consultation with, and the regular notification 
procedures of, the Committees on Appropriations.

                           personnel actions

    Sec. 7005.  Any costs incurred by a department or agency funded 
under title I of this Act resulting from personnel actions taken in 
response to funding reductions included in this Act shall be absorbed 
within the total budgetary resources available under title I to such 
department or agency: Provided, That the authority to transfer funds 
between appropriations accounts as may be necessary to carry out this 
section is provided in addition to authorities included elsewhere in 
this Act: Provided further, That use of funds to carry out this section 
shall be treated as a reprogramming of funds under section 7015 of this 
Act and shall not be available for obligation or expenditure except in 
compliance with the procedures set forth in that section.

                         local guard contracts

    Sec. 7006.  In evaluating proposals for local guard contracts, the 
Secretary of State shall award contracts in accordance with section 136 
of the Foreign Relations Authorization Act, Fiscal Years 1990 and 1991 
(22 U.S.C. 4864), except that the Secretary may grant authorization to 
award such contracts on the basis of best value as determined by a 
cost-technical tradeoff analysis (as described in Federal Acquisition 
Regulation part 15.101) in Iraq, Afghanistan, and Pakistan, 
notwithstanding subsection (c)(3) of such section: Provided, That the 
authority in this section shall apply to any options for renewal that 
may be exercised under such contracts that are awarded during the 
current fiscal year: Provided further, That prior to issuing a 
solicitation for a contract to be awarded pursuant to the authority 
under this section, the Secretary of State shall consult with the 
Committees on Foreign Relations and Appropriations of the Senate and 
the Committees on Foreign Affairs and Appropriations of the House of 
Representatives.

        prohibition against direct funding for certain countries

    Sec. 7007.  None of the funds appropriated or otherwise made 
available pursuant to titles III through VI of this Act shall be 
obligated or expended to finance directly any assistance or reparations 
for the governments of Cuba, North Korea, Iran, or Syria: Provided, 
That for purposes of this section, the prohibition on obligations or 
expenditures shall include direct loans, credits, insurance and 
guarantees of the Export-Import Bank or its agents.

                              coups d'etat

    Sec. 7008.  None of the funds appropriated or otherwise made 
available pursuant to titles III through VI of this Act shall be 
obligated or expended to finance directly any assistance to the 
government of any country whose duly elected head of government is 
deposed by military coup or decree: Provided, That assistance may be 
resumed to such government if the President determines and certifies to 
the Committees on Appropriations that subsequent to the termination of 
assistance a democratically elected government has taken office: 
Provided further, That the provisions of this section shall not apply 
to assistance to promote democratic elections or public participation 
in democratic processes: Provided further, That funds made available 
pursuant to the previous provisos shall be subject to the regular 
notification procedures of the Committees on Appropriations.

                           transfer authority

    Sec. 7009. (a) Department of State and Broadcasting Board of 
Governors.--Not to exceed 5 percent of any appropriation made available 
for the current fiscal year for the Department of State under title I 
of this Act may be transferred between such appropriations, but no such 
appropriation, except as otherwise specifically provided, shall be 
increased by more than 10 percent by any such transfers: Provided, That 
not to exceed 5 percent of any appropriation made available for the 
current fiscal year for the Broadcasting Board of Governors under title 
I of this Act may be transferred between such appropriations, but no 
such appropriation, except as otherwise specifically provided, shall be 
increased by more than 10 percent by any such transfers: Provided 
further, That any transfer pursuant to this section shall be treated as 
a reprogramming of funds under section 7015(a) and (b) of this Act and 
shall not be available for obligation or expenditure except in 
compliance with the procedures set forth in that section.
    (b) Export Financing Transfer Authorities.--Not to exceed 5 percent 
of any appropriation other than for administrative expenses made 
available for fiscal year 2010, for programs under title VI of this Act 
may be transferred between such appropriations for use for any of the 
purposes, programs, and activities for which the funds in such 
receiving account may be used, but no such appropriation, except as 
otherwise specifically provided, shall be increased by more than 25 
percent by any such transfer: Provided, That the exercise of such 
authority shall be subject to the regular notification procedures of 
the Committees on Appropriations.
    (c) Limitation on Transfers Between Agencies.--
        (1) None of the funds made available under titles II through V 
    of this Act may be transferred to any department, agency, or 
    instrumentality of the United States Government, except pursuant to 
    a transfer made by, or transfer authority provided in, this Act or 
    any other appropriation Act.
        (2) Notwithstanding paragraph (1), in addition to transfers 
    made by, or authorized elsewhere in, this Act, funds appropriated 
    by this Act to carry out the purposes of the Foreign Assistance Act 
    of 1961 may be allocated or transferred to agencies of the United 
    States Government pursuant to the provisions of sections 109, 610, 
    and 632 of the Foreign Assistance Act of 1961.
        (3) Any agreement entered into by the United States Agency for 
    International Development (USAID) or the Department of State with 
    any department, agency, or instrumentality of the United States 
    Government pursuant to section 632(b) of the Foreign Assistance Act 
    of 1961 valued in excess of $1,000,000 and any agreement made 
    pursuant to section 632(a) of such Act, with funds appropriated by 
    this Act and prior Acts making appropriations for the Department of 
    State, foreign operations, and related programs under the headings 
    ``Global Health and Child Survival'', ``Development Assistance'', 
    and ``Economic Support Fund'' shall be subject to the regular 
    notification procedures of the Committees on Appropriations: 
    Provided, That the requirement in the previous sentence shall not 
    apply to agreements entered into between USAID and the Department 
    of State.
    (d) Transfers Between Accounts.--None of the funds made available 
under titles II through V of this Act may be obligated under an 
appropriation account to which they were not appropriated, except for 
transfers specifically provided for in this Act, unless the President, 
not less than 5 days prior to the exercise of any authority contained 
in the Foreign Assistance Act of 1961 to transfer funds, consults with 
and provides a written policy justification to the Committees on 
Appropriations.
    (e) Audit of Inter-agency Transfers.--Any agreement for the 
transfer or allocation of funds appropriated by this Act, or prior 
Acts, entered into between the Department of State or USAID and another 
agency of the United States Government under the authority of section 
632(a) of the Foreign Assistance Act of 1961 or any comparable 
provision of law, shall expressly provide that the Inspector General 
for the agency receiving the transfer or allocation of such funds shall 
perform periodic program and financial audits of the use of such funds: 
Provided, That funds transferred under such authority may be made 
available for the cost of such audits.

                         reporting requirement

    Sec. 7010.  The Secretary of State shall provide the Committees on 
Appropriations, not later than April 1, 2010, and for each fiscal 
quarter, a report in writing on the uses of funds made available under 
the headings ``Foreign Military Financing Program'', ``International 
Military Education and Training'', and ``Peacekeeping Operations'': 
Provided, That such report shall include a description of the 
obligation and expenditure of funds, and the specific country in 
receipt of, and the use or purpose of the assistance provided by such 
funds.

                         availability of funds

    Sec. 7011.  No part of any appropriation contained in this Act 
shall remain available for obligation after the expiration of the 
current fiscal year unless expressly so provided in this Act: Provided, 
That funds appropriated for the purposes of chapters 1, 8, 11, and 12 
of part I, section 661, section 667, chapters 4, 5, 6, 8, and 9 of part 
II of the Foreign Assistance Act of 1961, section 23 of the Arms Export 
Control Act, and funds provided under the headings ``Assistance for 
Europe, Eurasia and Central Asia'' and ``Development Credit 
Authority'', shall remain available for an additional 4 years from the 
date on which the availability of such funds would otherwise have 
expired, if such funds are initially obligated before the expiration of 
their respective periods of availability contained in this Act: 
Provided further, That, notwithstanding any other provision of this 
Act, any funds made available for the purposes of chapter 1 of part I 
and chapter 4 of part II of the Foreign Assistance Act of 1961 which 
are allocated or obligated for cash disbursements in order to address 
balance of payments or economic policy reform objectives, shall remain 
available until expended.

            limitation on assistance to countries in default

    Sec. 7012.  No part of any appropriation provided under titles III 
through VI in this Act shall be used to furnish assistance to the 
government of any country which is in default during a period in excess 
of one calendar year in payment to the United States of principal or 
interest on any loan made to the government of such country by the 
United States pursuant to a program for which funds are appropriated 
under this Act unless the President determines, following consultations 
with the Committees on Appropriations, that assistance for such country 
is in the national interest of the United States.

          prohibition on taxation of united states assistance

    Sec. 7013. (a) Prohibition on Taxation.--None of the funds 
appropriated under titles III through VI of this Act may be made 
available to provide assistance for a foreign country under a new 
bilateral agreement governing the terms and conditions under which such 
assistance is to be provided unless such agreement includes a provision 
stating that assistance provided by the United States shall be exempt 
from taxation, or reimbursed, by the foreign government, and the 
Secretary of State shall expeditiously seek to negotiate amendments to 
existing bilateral agreements, as necessary, to conform with this 
requirement.
    (b) Reimbursement of Foreign Taxes.--An amount equivalent to 200 
percent of the total taxes assessed during fiscal year 2010 on funds 
appropriated by this Act by a foreign government or entity against 
commodities financed under United States assistance programs for which 
funds are appropriated by this Act, either directly or through 
grantees, contractors and subcontractors shall be withheld from 
obligation from funds appropriated for assistance for fiscal year 2011 
and allocated for the central government of such country and for the 
West Bank and Gaza program to the extent that the Secretary of State 
certifies and reports in writing to the Committees on Appropriations 
that such taxes have not been reimbursed to the Government of the 
United States.
    (c) De Minimis Exception.--Foreign taxes of a de minimis nature 
shall not be subject to the provisions of subsection (b).
    (d) Reprogramming of Funds.--Funds withheld from obligation for 
each country or entity pursuant to subsection (b) shall be reprogrammed 
for assistance to countries which do not assess taxes on United States 
assistance or which have an effective arrangement that is providing 
substantial reimbursement of such taxes.
    (e) Determinations.--
        (1) The provisions of this section shall not apply to any 
    country or entity the Secretary of State determines--
            (A) does not assess taxes on United States assistance or 
        which has an effective arrangement that is providing 
        substantial reimbursement of such taxes; or
            (B) the foreign policy interests of the United States 
        outweigh the purpose of this section to ensure that United 
        States assistance is not subject to taxation.
        (2) The Secretary of State shall consult with the Committees on 
    Appropriations at least 15 days prior to exercising the authority 
    of this subsection with regard to any country or entity.
    (f) Implementation.--The Secretary of State shall issue rules, 
regulations, or policy guidance, as appropriate, to implement the 
prohibition against the taxation of assistance contained in this 
section.
    (g) Definitions.--As used in this section--
        (1) the terms ``taxes'' and ``taxation'' refer to value added 
    taxes and customs duties imposed on commodities financed with 
    United States assistance for programs for which funds are 
    appropriated by this Act; and
        (2) the term ``bilateral agreement'' refers to a framework 
    bilateral agreement between the Government of the United States and 
    the government of the country receiving assistance that describes 
    the privileges and immunities applicable to United States foreign 
    assistance for such country generally, or an individual agreement 
    between the Government of the United States and such government 
    that describes, among other things, the treatment for tax purposes 
    that will be accorded the United States assistance provided under 
    that agreement.

                         reservations of funds

    Sec. 7014. (a) Funds appropriated under titles II through VI of 
this Act which are specifically designated may be reprogrammed for 
other programs within the same account notwithstanding the designation 
if compliance with the designation is made impossible by operation of 
any provision of this or any other Act: Provided, That any such 
reprogramming shall be subject to the regular notification procedures 
of the Committees on Appropriations: Provided further, That assistance 
that is reprogrammed pursuant to this subsection shall be made 
available under the same terms and conditions as originally provided.
    (b) In addition to the authority contained in subsection (a), the 
original period of availability of funds appropriated by this Act and 
administered by the United States Agency for International Development 
(USAID) that are specifically designated for particular programs or 
activities by this or any other Act shall be extended for an additional 
fiscal year if the USAID Administrator determines and reports promptly 
to the Committees on Appropriations that the termination of assistance 
to a country or a significant change in circumstances makes it unlikely 
that such designated funds can be obligated during the original period 
of availability: Provided, That such designated funds that continue to 
be available for an additional fiscal year shall be obligated only for 
the purpose of such designation.
    (c) Ceilings and specifically designated funding levels contained 
in this Act shall not be applicable to funds or authorities 
appropriated or otherwise made available by any subsequent Act unless 
such Act specifically so directs: Provided, That specifically 
designated funding levels or minimum funding requirements contained in 
any other Act shall not be applicable to funds appropriated by this 
Act.

                reprogramming notification requirements

    Sec. 7015. (a) None of the funds made available in title I of this 
Act, or in prior appropriations Acts to the agencies and departments 
funded by this Act that remain available for obligation or expenditure 
in fiscal year 2010, or provided from any accounts in the Treasury of 
the United States derived by the collection of fees or of currency 
reflows or other offsetting collections, or made available by transfer, 
to the agencies and departments funded by this Act, shall be available 
for obligation or expenditure through a reprogramming of funds that: 
(1) creates new programs; (2) eliminates a program, project, or 
activity; (3) increases funds or personnel by any means for any project 
or activity for which funds have been denied or restricted; (4) 
relocates an office or employees; (5) closes or opens a mission or 
post; (6) reorganizes or renames offices; (7) reorganizes programs or 
activities; or (8) contracts out or privatizes any functions or 
activities presently performed by Federal employees; unless the 
Committees on Appropriations are notified 15 days in advance of such 
reprogramming of funds.
    (b) For the purposes of providing the executive branch with the 
necessary administrative flexibility, none of the funds provided under 
title I of this Act, or provided under previous appropriations Acts to 
the agency or department funded under title I of this Act that remain 
available for obligation or expenditure in fiscal year 2010, or 
provided from any accounts in the Treasury of the United States derived 
by the collection of fees available to the agency or department funded 
by title I of this Act, shall be available for obligation or 
expenditure for activities, programs, or projects through a 
reprogramming of funds in excess of $1,000,000 or 10 percent, whichever 
is less, that: (1) augments existing programs, projects, or activities; 
(2) reduces by 10 percent funding for any existing program, project, or 
activity, or numbers of personnel by 10 percent as approved by 
Congress; or (3) results from any general savings, including savings 
from a reduction in personnel, which would result in a change in 
existing programs, activities, or projects as approved by Congress; 
unless the Committees on Appropriations are notified 15 days in advance 
of such reprogramming of funds.
    (c) For the purposes of providing the executive branch with the 
necessary administrative flexibility, none of the funds made available 
under titles II through V in this Act under the headings ``Global 
Health and Child Survival'', ``Development Assistance'', 
``International Organizations and Programs'', ``Trade and Development 
Agency'', ``International Narcotics Control and Law Enforcement'', 
``Assistance for Europe, Eurasia and Central Asia'', ``Economic Support 
Fund'', ``Democracy Fund'', ``Peacekeeping Operations'', ``Capital 
Investment Fund'', ``Operating Expenses'', ``Civilian Stabilization 
Initiative'', ``Office of Inspector General'', ``Nonproliferation, 
Anti-terrorism, Demining and Related Programs'', ``Millennium Challenge 
Corporation'', ``Foreign Military Financing Program'', ``International 
Military Education and Training'', ``Peace Corps'', ``Complex Crises 
Fund'', and ``Migration and Refugee Assistance'', shall be available 
for obligation for activities, programs, projects, type of materiel 
assistance, countries, or other operations not justified or in excess 
of the amount justified to the Committees on Appropriations for 
obligation under any of these specific headings unless the Committees 
on Appropriations are previously notified 15 days in advance: Provided, 
That the President shall not enter into any commitment of funds 
appropriated for the purposes of section 23 of the Arms Export Control 
Act for the provision of major defense equipment, other than 
conventional ammunition, or other major defense items defined to be 
aircraft, ships, missiles, or combat vehicles, not previously justified 
to Congress or 20 percent in excess of the quantities justified to 
Congress unless the Committees on Appropriations are notified 15 days 
in advance of such commitment: Provided further, That requirements of 
this subsection or any similar provision of any other Act shall not 
apply to any reprogramming for an activity, program, or project for 
which funds are appropriated under titles II through IV of this Act of 
less than 10 percent of the amount previously justified to the Congress 
for obligation for such activity, program, or project for the current 
fiscal year.
    (d) Notwithstanding any other provision of law, with the exception 
of funds transferred to, and merged with, funds appropriated under 
title I of this Act, funds transferred by the Department of Defense to 
the Department of State and the United States Agency for International 
Development for assistance for foreign countries and international 
organizations, and funds made available for programs authorized by 
section 1206 of the National Defense Authorization Act for Fiscal Year 
2006 (Public Law 109-163), shall be subject to the regular notification 
procedures of the Committees on Appropriations.
    (e) The requirements of this section or any similar provision of 
this Act or any other Act, including any prior Act requiring 
notification in accordance with the regular notification procedures of 
the Committees on Appropriations, may be waived if failure to do so 
would pose a substantial risk to human health or welfare: Provided, 
That in case of any such waiver, notification to the Committees on 
Appropriations shall be provided as early as practicable, but in no 
event later than 3 days after taking the action to which such 
notification requirement was applicable, in the context of the 
circumstances necessitating such waiver: Provided further, That any 
notification provided pursuant to such a waiver shall contain an 
explanation of the emergency circumstances.
    (f) None of the funds appropriated under titles III through VI of 
this Act shall be obligated or expended for assistance for Serbia, 
Sudan, Zimbabwe, Pakistan, Dominican Republic, Cuba, Iran, Haiti, 
Libya, Ethiopia, Nepal, Colombia, Mexico, Kazakhstan, Somalia, Sri 
Lanka, or Cambodia and countries listed in section 7045(c)(2) and 
(f)(2) of this Act except as provided through the regular notification 
procedures of the Committees on Appropriations.

                notification on excess defense equipment

    Sec. 7016.  Prior to providing excess Department of Defense 
articles in accordance with section 516(a) of the Foreign Assistance 
Act of 1961, the Department of Defense shall notify the Committees on 
Appropriations to the same extent and under the same conditions as 
other committees pursuant to subsection (f) of that section: Provided, 
That before issuing a letter of offer to sell excess defense articles 
under the Arms Export Control Act, the Department of Defense shall 
notify the Committees on Appropriations in accordance with the regular 
notification procedures of such Committees if such defense articles are 
significant military equipment (as defined in section 47(9) of the Arms 
Export Control Act) or are valued (in terms of original acquisition 
cost) at $7,000,000 or more, or if notification is required elsewhere 
in this Act for the use of appropriated funds for specific countries 
that would receive such excess defense articles: Provided further, That 
such Committees shall also be informed of the original acquisition cost 
of such defense articles.

limitation on availability of funds for international organizations and 
                                programs

    Sec. 7017.  Subject to the regular notification procedures of the 
Committees on Appropriations, funds appropriated under titles III 
through VI of this Act or any previously enacted Act making 
appropriations for the Department of State, foreign operations, and 
related programs, which are returned or not made available for 
organizations and programs because of the implementation of section 
307(a) of the Foreign Assistance Act of 1961, shall remain available 
for obligation until September 30, 2011.

   prohibition on funding for abortions and involuntary sterilization

    Sec. 7018.  None of the funds made available to carry out part I of 
the Foreign Assistance Act of 1961, as amended, may be used to pay for 
the performance of abortions as a method of family planning or to 
motivate or coerce any person to practice abortions. None of the funds 
made available to carry out part I of the Foreign Assistance Act of 
1961, as amended, may be used to pay for the performance of involuntary 
sterilization as a method of family planning or to coerce or provide 
any financial incentive to any person to undergo sterilizations. None 
of the funds made available to carry out part I of the Foreign 
Assistance Act of 1961, as amended, may be used to pay for any 
biomedical research which relates in whole or in part, to methods of, 
or the performance of, abortions or involuntary sterilization as a 
means of family planning. None of the funds made available to carry out 
part I of the Foreign Assistance Act of 1961, as amended, may be 
obligated or expended for any country or organization if the President 
certifies that the use of these funds by any such country or 
organization would violate any of the above provisions related to 
abortions and involuntary sterilizations.

                              allocations

    Sec. 7019. (a) Funds provided in this Act for the following 
accounts shall be made available for programs and countries in the 
amounts contained in the respective tables included in the joint 
explanatory statement accompanying this Act:
        ``American Sections, International Commissions''.
        ``Civilian Stabilization Initiative''.
        ``Diplomatic and Consular Programs''.
        ``Educational and Cultural Exchange Programs''.
        ``International Boundary and Water Commission, United States 
    and Mexico''.
        ``International Fisheries Commissions''.
        ``International Broadcasting Operations''.
        ``Global Health and Child Survival''.
        ``Democracy Fund''.
        ``Economic Support Fund''.
        ``Assistance for Europe, Eurasia and Central Asia''.
        ``International Narcotics Control and Law Enforcement''.
        ``Nonproliferation, Anti-terrorism, Demining and Related 
    Programs''.
        ``Foreign Military Financing Program''.
        ``Peacekeeping Operations''.
        ``International Organizations and Programs''.
    (b) For the purposes of implementing this section and only with 
respect to the tables included in the joint explanatory statement 
accompanying this Act, the Secretary of State, the Administrator of the 
United States Agency for International Development and the Broadcasting 
Board of Governors, as appropriate, may propose deviations to the 
amounts referenced in subsection (a), subject to the regular 
notification procedures of the Committees on Appropriations.
    (c) The requirements contained in subsection (a) shall apply to the 
tables under the headings ``Bilateral Economic Assistance'' and 
``General Provisions'' in the joint explanatory statement.

               prohibition of payment of certain expenses

    Sec. 7020.  None of the funds appropriated or otherwise made 
available by this Act under the headings ``International Military 
Education and Training'' or ``Foreign Military Financing Program'' for 
Informational Program activities or under the headings ``Global Health 
and Child Survival'', ``Development Assistance'', and ``Economic 
Support Fund'' may be obligated or expended to pay for--
        (1) alcoholic beverages; or
        (2) entertainment expenses for activities that are 
    substantially of a recreational character, including but not 
    limited to entrance fees at sporting events, theatrical and musical 
    productions, and amusement parks.

  prohibition on assistance to foreign governments that export lethal 
   military equipment to countries supporting international terrorism

    Sec. 7021. (a) None of the funds appropriated or otherwise made 
available by titles III through VI of this Act may be available to any 
foreign government which provides lethal military equipment to a 
country the government of which the Secretary of State has determined 
is a government that supports international terrorism for purposes of 
section 6(j) of the Export Administration Act of 1979: Provided, That 
the prohibition under this section with respect to a foreign government 
shall terminate 12 months after that government ceases to provide such 
military equipment: Provided further, That this section applies with 
respect to lethal military equipment provided under a contract entered 
into after October 1, 1997.
    (b) Assistance restricted by subsection (a) or any other similar 
provision of law, may be furnished if the President determines that to 
do so is important to the national interests of the United States.
    (c) Whenever the President makes a determination pursuant to 
subsection (b), the President shall submit to the Committees on 
Appropriations a report with respect to the furnishing of such 
assistance, including a detailed explanation of the assistance to be 
provided, the estimated dollar amount of such assistance, and an 
explanation of how the assistance furthers United States national 
interests.

       prohibition on bilateral assistance to terrorist countries

    Sec. 7022. (a) Funds appropriated for bilateral assistance in 
titles III through VI of this Act and funds appropriated under any such 
heading in a provision of law enacted prior to the enactment of this 
Act, shall not be made available to any country which the President 
determines--
        (1) grants sanctuary from prosecution to any individual or 
    group which has committed an act of international terrorism; or
        (2) otherwise supports international terrorism.
    (b) The President may waive the application of subsection (a) to a 
country if the President determines that national security or 
humanitarian reasons justify such waiver: Provided, That the President 
shall publish each such waiver in the Federal Register and, at least 15 
days before the waiver takes effect, shall notify the Committees on 
Appropriations of the waiver (including the justification for the 
waiver) in accordance with the regular notification procedures of the 
Committees on Appropriations.

                       authorization requirements

    Sec. 7023.  Funds appropriated by this Act, except funds 
appropriated under the heading ``Trade and Development Agency'', may be 
obligated and expended notwithstanding section 10 of Public Law 91-672, 
section 15 of the State Department Basic Authorities Act of 1956, 
section 313 of the Foreign Relations Authorization Act, Fiscal Years 
1994 and 1995 (Public Law 103-236), and section 504(a)(1) of the 
National Security Act of 1947 (50 U.S.C. 414(a)(1)).

              definition of program, project, and activity

    Sec. 7024.  For the purpose of titles II through VI of this Act 
``program, project, and activity'' shall be defined at the 
appropriations Act account level and shall include all appropriations 
and authorizations Acts funding directives, ceilings, and limitations 
with the exception that for the following accounts: ``Economic Support 
Fund'' and ``Foreign Military Financing Program'', ``program, project, 
and activity'' shall also be considered to include country, regional, 
and central program level funding within each such account; for the 
development assistance accounts of the United States Agency for 
International Development ``program, project, and activity'' shall also 
be considered to include central, country, regional, and program level 
funding, either as: (1) justified to the Congress; or (2) allocated by 
the executive branch in accordance with a report, to be provided to the 
Committees on Appropriations within 30 days of the enactment of this 
Act, as required by section 653(a) of the Foreign Assistance Act of 
1961.

authorities for the peace corps, inter-american foundation and african 
                         development foundation

    Sec. 7025.  Unless expressly provided to the contrary, provisions 
of this or any other Act, including provisions contained in prior Acts 
authorizing or making appropriations for the Department of State, 
foreign operations, and related programs, shall not be construed to 
prohibit activities authorized by or conducted under the Peace Corps 
Act, the Inter-American Foundation Act or the African Development 
Foundation Act: Provided, That the agency shall promptly report to the 
Committees on Appropriations whenever it is conducting activities or is 
proposing to conduct activities in a country for which assistance is 
prohibited.

                commerce, trade and surplus commodities

    Sec. 7026. (a) None of the funds appropriated or made available 
pursuant to titles III through VI of this Act for direct assistance and 
none of the funds otherwise made available to the Export-Import Bank 
and the Overseas Private Investment Corporation shall be obligated or 
expended to finance any loan, any assistance or any other financial 
commitments for establishing or expanding production of any commodity 
for export by any country other than the United States, if the 
commodity is likely to be in surplus on world markets at the time the 
resulting productive capacity is expected to become operative and if 
the assistance will cause substantial injury to United States producers 
of the same, similar, or competing commodity: Provided, That such 
prohibition shall not apply to the Export-Import Bank if in the 
judgment of its Board of Directors the benefits to industry and 
employment in the United States are likely to outweigh the injury to 
United States producers of the same, similar, or competing commodity, 
and the Chairman of the Board so notifies the Committees on 
Appropriations.
    (b) None of the funds appropriated by this or any other Act to 
carry out chapter 1 of part I of the Foreign Assistance Act of 1961 
shall be available for any testing or breeding feasibility study, 
variety improvement or introduction, consultancy, publication, 
conference, or training in connection with the growth or production in 
a foreign country of an agricultural commodity for export which would 
compete with a similar commodity grown or produced in the United 
States: Provided, That this subsection shall not prohibit--
        (1) activities designed to increase food security in developing 
    countries where such activities will not have a significant impact 
    on the export of agricultural commodities of the United States; or
        (2) research activities intended primarily to benefit American 
    producers.
    (c) The Secretary of the Treasury shall instruct the United States 
Executive Directors of the International Bank for Reconstruction and 
Development, the International Development Association, the 
International Finance Corporation, the Inter-American Development Bank, 
the International Monetary Fund, the Asian Development Bank, the Inter-
American Investment Corporation, the North American Development Bank, 
the European Bank for Reconstruction and Development, the African 
Development Bank, and the African Development Fund to use the voice and 
vote of the United States to oppose any assistance by these 
institutions, using funds appropriated or made available pursuant to 
titles III through VI of this Act, for the production or extraction of 
any commodity or mineral for export, if it is in surplus on world 
markets and if the assistance will cause substantial injury to United 
States producers of the same, similar, or competing commodity.

                           separate accounts

    Sec. 7027. (a) Separate Accounts for Local Currencies.--
        (1) If assistance is furnished to the government of a foreign 
    country under chapters 1 and 10 of part I or chapter 4 of part II 
    of the Foreign Assistance Act of 1961 under agreements which result 
    in the generation of local currencies of that country, the 
    Administrator of the United States Agency for International 
    Development (USAID) shall--
            (A) require that local currencies be deposited in a 
        separate account established by that government;
            (B) enter into an agreement with that government which sets 
        forth--
                (i) the amount of the local currencies to be generated; 
            and
                (ii) the terms and conditions under which the 
            currencies so deposited may be utilized, consistent with 
            this section; and
            (C) establish by agreement with that government the 
        responsibilities of USAID and that government to monitor and 
        account for deposits into and disbursements from the separate 
        account.
        (2) Uses of local currencies.--As may be agreed upon with the 
    foreign government, local currencies deposited in a separate 
    account pursuant to subsection (a), or an equivalent amount of 
    local currencies, shall be used only--
            (A) to carry out chapter 1 or 10 of part I or chapter 4 of 
        part II of the Foreign Assistance Act of 1961 (as the case may 
        be), for such purposes as--
                (i) project and sector assistance activities; or
                (ii) debt and deficit financing; or
            (B) for the administrative requirements of the United 
        States Government.
        (3) Programming accountability.--USAID shall take all necessary 
    steps to ensure that the equivalent of the local currencies 
    disbursed pursuant to subsection (a)(2)(A) from the separate 
    account established pursuant to subsection (a)(1) are used for the 
    purposes agreed upon pursuant to subsection (a)(2).
        (4) Termination of assistance programs.--Upon termination of 
    assistance to a country under chapter 1 or 10 of part I or chapter 
    4 of part II of the Foreign Assistance Act of 1961 (as the case may 
    be), any unencumbered balances of funds which remain in a separate 
    account established pursuant to subsection (a) shall be disposed of 
    for such purposes as may be agreed to by the government of that 
    country and the United States Government.
        (5) Reporting requirement.--The USAID Administrator shall 
    report on an annual basis as part of the justification documents 
    submitted to the Committees on Appropriations on the use of local 
    currencies for the administrative requirements of the United States 
    Government as authorized in subsection (a)(2)(B), and such report 
    shall include the amount of local currency (and United States 
    dollar equivalent) used and/or to be used for such purpose in each 
    applicable country.
    (b) Separate Accounts for Cash Transfers.--
        (1) If assistance is made available to the government of a 
    foreign country, under chapter 1 or 10 of part I or chapter 4 of 
    part II of the Foreign Assistance Act of 1961, as cash transfer 
    assistance or as nonproject sector assistance, that country shall 
    be required to maintain such funds in a separate account and not 
    commingle them with any other funds.
        (2) Applicability of other provisions of law.--Such funds may 
    be obligated and expended notwithstanding provisions of law which 
    are inconsistent with the nature of this assistance including 
    provisions which are referenced in the Joint Explanatory Statement 
    of the Committee of Conference accompanying House Joint Resolution 
    648 (House Report No. 98-1159).
        (3) Notification.--At least 15 days prior to obligating any 
    such cash transfer or nonproject sector assistance, the President 
    shall submit a notification through the regular notification 
    procedures of the Committees on Appropriations, which shall include 
    a detailed description of how the funds proposed to be made 
    available will be used, with a discussion of the United States 
    interests that will be served by the assistance (including, as 
    appropriate, a description of the economic policy reforms that will 
    be promoted by such assistance).
        (4) Exemption.--Nonproject sector assistance funds may be 
    exempt from the requirements of subsection (b)(1) only through the 
    regular notification procedures of the Committees on 
    Appropriations.

                       eligibility for assistance

    Sec. 7028. (a) Assistance Through Nongovernmental Organizations.--
Restrictions contained in this or any other Act with respect to 
assistance for a country shall not be construed to restrict assistance 
in support of programs of nongovernmental organizations from funds 
appropriated by this Act to carry out the provisions of chapters 1, 10, 
11, and 12 of part I and chapter 4 of part II of the Foreign Assistance 
Act of 1961, and from funds appropriated under the heading ``Assistance 
for Europe, Eurasia and Central Asia'': Provided, That before using the 
authority of this subsection to furnish assistance in support of 
programs of nongovernmental organizations, the President shall notify 
the Committees on Appropriations under the regular notification 
procedures of those committees, including a description of the program 
to be assisted, the assistance to be provided, and the reasons for 
furnishing such assistance: Provided further, That nothing in this 
subsection shall be construed to alter any existing statutory 
prohibitions against abortion or involuntary sterilizations contained 
in this or any other Act.
    (b) Public Law 480.--During fiscal year 2010, restrictions 
contained in this or any other Act with respect to assistance for a 
country shall not be construed to restrict assistance under the 
Agricultural Trade Development and Assistance Act of 1954: Provided, 
That none of the funds appropriated to carry out title I of such Act 
and made available pursuant to this subsection may be obligated or 
expended except as provided through the regular notification procedures 
of the Committees on Appropriations.
    (c) Exception.--This section shall not apply--
        (1) with respect to section 620A of the Foreign Assistance Act 
    of 1961 or any comparable provision of law prohibiting assistance 
    to countries that support international terrorism; or
        (2) with respect to section 116 of the Foreign Assistance Act 
    of 1961 or any comparable provision of law prohibiting assistance 
    to the government of a country that violates internationally 
    recognized human rights.

                  impact on jobs in the united states

    Sec. 7029.  None of the funds appropriated under titles III through 
VI of this Act may be obligated or expended to provide--
        (1) any financial incentive to a business enterprise currently 
    located in the United States for the purpose of inducing such an 
    enterprise to relocate outside the United States if such incentive 
    or inducement is likely to reduce the number of employees of such 
    business enterprise in the United States because United States 
    production is being replaced by such enterprise outside the United 
    States; or
        (2) assistance for any program, project, or activity that 
    contributes to the violation of internationally recognized workers 
    rights, as defined in section 507(4) of the Trade Act of 1974, of 
    workers in the recipient country, including any designated zone or 
    area in that country: Provided, That the application of section 
    507(4)(D) and (E) of such Act should be commensurate with the level 
    of development of the recipient country and sector, and shall not 
    preclude assistance for the informal sector in such country, micro 
    and small-scale enterprise, and smallholder agriculture.

                  international financial institutions

    Sec. 7030. (a) None of the funds appropriated in title V of this 
Act may be made as payment to any international financial institution 
while the United States Executive Director to such institution is 
compensated by the institution at a rate which, together with whatever 
compensation such Director receives from the United States, is in 
excess of the rate provided for an individual occupying a position at 
level IV of the Executive Schedule under section 5315 of title 5, 
United States Code, or while any alternate United States Director to 
such institution is compensated by the institution at a rate in excess 
of the rate provided for an individual occupying a position at level V 
of the Executive Schedule under section 5316 of title 5, United States 
Code.
    (b) The Secretary of the Treasury shall instruct the United States 
Executive Director at each international financial institution to 
oppose any loan, grant, strategy or policy of such institution that 
would require user fees or service charges on poor people for primary 
education or primary healthcare, including prevention, care and 
treatment for HIV/AIDS, malaria, tuberculosis, and infant, child, and 
maternal health, in connection with the institutions' financing 
programs.
    (c) The Secretary of the Treasury shall instruct the United States 
Executive Director of the International Monetary Fund (the Fund) to use 
the voice and vote of the United States to oppose any loan, project, 
agreement, memorandum, instrument, plan, or other program of the Fund 
to a Heavily Indebted Poor Country that imposes budget caps or 
restraints that do not allow the maintenance of or an increase in 
governmental spending on health care or education; and to promote 
government spending on health care, education, food aid, or other 
critical safety net programs in all of the Fund's activities with 
respect to Heavily Indebted Poor Countries.
    (d) For purposes of this section ``international financial 
institutions'' are the International Bank for Reconstruction and 
Development, the Inter-American Development Bank, the Asian Development 
Bank, the Asian Development Fund, the African Development Bank, the 
African Development Fund, the International Monetary Fund, the North 
American Development Bank, and the European Bank for Reconstruction and 
Development.

                          debt-for-development

    Sec. 7031.  In order to enhance the continued participation of 
nongovernmental organizations in debt-for-development and debt-for-
nature exchanges, a nongovernmental organization which is a grantee or 
contractor of the United States Agency for International Development 
may place in interest bearing accounts local currencies which accrue to 
that organization as a result of economic assistance provided under 
title III of this Act and, subject to the regular notification 
procedures of the Committees on Appropriations, any interest earned on 
such investment shall be used for the purpose for which the assistance 
was provided to that organization.

             authority to engage in debt buybacks or sales

    Sec. 7032. (a) Loans Eligible for Sale, Reduction, or 
Cancellation.--
        (1) Authority to sell, reduce, or cancel certain loans.--
    Notwithstanding any other provision of law, the President may, in 
    accordance with this section, sell to any eligible purchaser any 
    concessional loan or portion thereof made before January 1, 1995, 
    pursuant to the Foreign Assistance Act of 1961, to the government 
    of any eligible country as defined in section 702(6) of that Act or 
    on receipt of payment from an eligible purchaser, reduce or cancel 
    such loan or portion thereof, only for the purpose of 
    facilitating--
            (A) debt-for-equity swaps, debt-for-development swaps, or 
        debt-for-nature swaps; or
            (B) a debt buyback by an eligible country of its own 
        qualified debt, only if the eligible country uses an additional 
        amount of the local currency of the eligible country, equal to 
        not less than 40 percent of the price paid for such debt by 
        such eligible country, or the difference between the price paid 
        for such debt and the face value of such debt, to support 
        activities that link conservation and sustainable use of 
        natural resources with local community development, and child 
        survival and other child development, in a manner consistent 
        with sections 707 through 710 of the Foreign Assistance Act of 
        1961, if the sale, reduction, or cancellation would not 
        contravene any term or condition of any prior agreement 
        relating to such loan.
        (2) Terms and conditions.--Notwithstanding any other provision 
    of law, the President shall, in accordance with this section, 
    establish the terms and conditions under which loans may be sold, 
    reduced, or canceled pursuant to this section.
        (3) Administration.--The Facility, as defined in section 702(8) 
    of the Foreign Assistance Act of 1961, shall notify the 
    administrator of the agency primarily responsible for administering 
    part I of the Foreign Assistance Act of 1961 of purchasers that the 
    President has determined to be eligible, and shall direct such 
    agency to carry out the sale, reduction, or cancellation of a loan 
    pursuant to this section: Provided, That such agency shall make 
    adjustment in its accounts to reflect the sale, reduction, or 
    cancellation.
        (4) Limitation.--The authorities of this subsection shall be 
    available only to the extent that appropriations for the cost of 
    the modification, as defined in section 502 of the Congressional 
    Budget Act of 1974, are made in advance.
    (b) Deposit of Proceeds.--The proceeds from the sale, reduction, or 
cancellation of any loan sold, reduced, or canceled pursuant to this 
section shall be deposited in the United States Government account or 
accounts established for the repayment of such loan.
    (c) Eligible Purchasers.--A loan may be sold pursuant to subsection 
(a)(1)(A) only to a purchaser who presents plans satisfactory to the 
President for using the loan for the purpose of engaging in debt-for-
equity swaps, debt-for-development swaps, or debt-for-nature swaps.
    (d) Debtor Consultations.--Before the sale to any eligible 
purchaser, or any reduction or cancellation pursuant to this section, 
of any loan made to an eligible country, the President should consult 
with the country concerning the amount of loans to be sold, reduced, or 
canceled and their uses for debt-for-equity swaps, debt-for-development 
swaps, or debt-for-nature swaps.
    (e) Availability of Funds.--The authority provided by subsection 
(a) may be used only with regard to funds appropriated by this Act 
under the heading ``Debt Restructuring''.

                  special debt relief for the poorest

    Sec. 7033. (a) Authority to Reduce Debt.--The President may reduce 
amounts owed to the United States (or any agency of the United States) 
by an eligible country as a result of--
        (1) guarantees issued under sections 221 and 222 of the Foreign 
    Assistance Act of 1961;
        (2) credits extended or guarantees issued under the Arms Export 
    Control Act; or
        (3) any obligation or portion of such obligation, to pay for 
    purchases of United States agricultural commodities guaranteed by 
    the Commodity Credit Corporation under export credit guarantee 
    programs authorized pursuant to section 5(f) of the Commodity 
    Credit Corporation Charter Act of June 29, 1948, as amended, 
    section 4(b) of the Food for Peace Act of 1966, as amended (Public 
    Law 89-808), or section 202 of the Agricultural Trade Act of 1978, 
    as amended (Public Law 95-501).
    (b) Limitations.--
        (1) The authority provided by subsection (a) may be exercised 
    only to implement multilateral official debt relief and referendum 
    agreements, commonly referred to as ``Paris Club Agreed Minutes''.
        (2) The authority provided by subsection (a) may be exercised 
    only in such amounts or to such extent as is provided in advance by 
    appropriations Acts.
        (3) The authority provided by subsection (a) may be exercised 
    only with respect to countries with heavy debt burdens that are 
    eligible to borrow from the International Development Association, 
    but not from the International Bank for Reconstruction and 
    Development, commonly referred to as ``IDA-only'' countries.
    (c) Conditions.--The authority provided by subsection (a) may be 
exercised only with respect to a country whose government--
        (1) does not have an excessive level of military expenditures;
        (2) has not repeatedly provided support for acts of 
    international terrorism;
        (3) is not failing to cooperate on international narcotics 
    control matters;
        (4) (including its military or other security forces) does not 
    engage in a consistent pattern of gross violations of 
    internationally recognized human rights; and
        (5) is not ineligible for assistance because of the application 
    of section 527 of the Foreign Relations Authorization Act, Fiscal 
    Years 1994 and 1995.
    (d) Availability of Funds.--The authority provided by subsection 
(a) may be used only with regard to the funds appropriated by this Act 
under the heading ``Debt Restructuring''.
    (e) Certain Prohibitions Inapplicable.--A reduction of debt 
pursuant to subsection (a) shall not be considered assistance for the 
purposes of any provision of law limiting assistance to a country: 
Provided, That the authority provided by subsection (a) may be 
exercised notwithstanding section 620(r) of the Foreign Assistance Act 
of 1961 or section 321 of the International Development and Food 
Assistance Act of 1975.

                          special authorities

    Sec. 7034. (a) Afghanistan, Iraq, Pakistan, Lebanon, Montenegro, 
Victims of War, Displaced Children, and Displaced Burmese.--Funds 
appropriated under titles III through VI of this Act that are made 
available for assistance for Afghanistan may be made available 
notwithstanding section 7012 of this Act or any similar provision of 
law and section 660 of the Foreign Assistance Act of 1961, and funds 
appropriated in titles III and VI of this Act that are made available 
for Iraq, Lebanon, Montenegro, Pakistan, and for victims of war, 
displaced children, and displaced Burmese, and to assist victims of 
trafficking in persons and, subject to the regular notification 
procedures of the Committees on Appropriations, to combat such 
trafficking, may be made available notwithstanding any other provision 
of law.
    (b) Waiver.--
        (1) The President may waive the provisions of section 1003 of 
    Public Law 100-204 if the President determines and certifies in 
    writing to the Speaker of the House of Representatives, the 
    President pro tempore of the Senate, and the Committees on 
    Appropriations that it is important to the national security 
    interests of the United States.
        (2) Period of application of waiver.--Any waiver pursuant to 
    paragraph (1) shall be effective for no more than a period of 6 
    months at a time and shall not apply beyond 12 months after the 
    enactment of this Act.
    (c) Small Business.--In entering into multiple award indefinite-
quantity contracts with funds appropriated by this Act, the United 
States Agency for International Development may provide an exception to 
the fair opportunity process for placing task orders under such 
contracts when the order is placed with any category of small or small 
disadvantaged business.
    (d) Authority Repealed.--Section 7034(d) of Public Law 111-8 is 
hereby repealed.
    (e) Reconstituting Civilian Police Authority.--In providing 
assistance with funds appropriated by this Act under section 660(b)(6) 
of the Foreign Assistance Act of 1961, support for a nation emerging 
from instability may be deemed to mean support for regional, district, 
municipal, or other sub-national entity emerging from instability, as 
well as a nation emerging from instability.
    (f) Extension of Authority.--The Foreign Operations, Export 
Financing, and Related Programs Appropriations Act, 1990 (Public Law 
101-167) is amended--
        (1) in section 599D (8 U.S.C. 1157 note)--
            (A) in subsection (b)(3), by striking ``and 2009'' and 
        inserting ``2009, and 2010''; and
            (B) in subsection (e), by striking ``2009'' each place it 
        appears and inserting ``2010''; and
        (2) in section 599E (8 U.S.C. 1255 note) in subsection (b)(2), 
    by striking ``2009'' and inserting ``2010''.
    (g) World Food Program.--Of the funds managed by the Bureau for 
Democracy, Conflict, and Humanitarian Assistance, United States Agency 
for International Development, from this or any other Act, not less 
than $10,000,000 shall be made available as a general contribution to 
the World Food Program, notwithstanding any other provision of law.
    (h) Disarmament, Demobilization and Reintegration.--Notwithstanding 
any other provision of law, regulation or Executive order, funds 
appropriated by this Act and prior Acts making appropriations for the 
Department of State, foreign operations, and related programs under the 
headings ``Economic Support Fund'', ``Peacekeeping Operations'', 
``International Disaster Assistance'', and ``Transition Initiatives'' 
should be made available to support programs to disarm, demobilize, and 
reintegrate into civilian society former members of foreign terrorist 
organizations: Provided, That the Secretary of State shall consult with 
the Committees on Appropriations prior to the obligation of funds 
pursuant to this subsection: Provided further, That for the purposes of 
this subsection the term ``foreign terrorist organization'' means an 
organization designated as a terrorist organization under section 219 
of the Immigration and Nationality Act.
    (i) Middle East Foundation.--Funds appropriated by this Act and 
prior Acts for a Middle East Foundation shall be subject to the regular 
notification procedures of the Committees on Appropriations.
    (j) Contingencies.--During fiscal year 2010, the President may use 
up to $50,000,000 under the authority of section 451 of the Foreign 
Assistance Act of 1961, notwithstanding any other provision of law.
    (k) Program for Research and Training on Eastern Europe and the 
Independent States of the Former Soviet Union.--Of the funds 
appropriated by this Act under the heading, ``Economic Support Fund'', 
not less than $5,000,000 shall be made available to carry out the 
Program for Research and Training on Eastern Europe and the Independent 
States of the Former Soviet Union (title VIII) as authorized by the 
Soviet-Eastern European Research and Training Act of 1983 (22 U.S.C. 
4501-4508, as amended).
    (l) Interparliamentary Exchanges.--Of the unobligated funds in the 
``Educational and Cultural Exchange Programs'' appropriation account, 
$411,687 shall be transferred to the permanent appropriation for 
delegation expenses provided under section 303 of the Departments of 
Commerce, Justice, and State, the Judiciary, and Related Agencies 
Appropriations Act, 1988, as enacted into law by section 101(a) of 
Public Law 100-202 (22 USC 276e note), for the purpose of conducting 
Interparliamentary Exchanges and shall remain available until expended.
    (m) Democracy Promotion.--
        (1) Funds made available by this Act that are made available 
    for the promotion of democracy may be made available 
    notwithstanding any other provision of law, and with regard to the 
    National Endowment for Democracy, any regulation.
        (2) For the purposes of funds appropriated by this Act, the 
    term ``promotion of democracy'' means programs that support good 
    governance, human rights, independent media, and the rule of law, 
    and otherwise strengthen the capacity of democratic political 
    parties, governments, nongovernmental organizations and 
    institutions, and citizens to support the development of democratic 
    states, institutions, and practices that are responsive and 
    accountable to citizens.
        (3) Any contract, grant, or cooperative agreement (or any 
    amendment to any contract, grant or cooperative agreement) in 
    excess of $1,000,000 of funds under the heading ``Democracy Fund'', 
    and in excess of $2,500,000 under other headings in this Act for 
    the promotion of democracy, with the exception of programs and 
    activities of the National Endowment for Democracy, shall be 
    subject to the regular notification procedures of the Committees on 
    Appropriations.
        (4) With respect to the provision of assistance for democracy, 
    human rights and governance activities in this Act, the 
    organizations implementing such assistance and the specific nature 
    of that assistance shall not be subject to the prior approval by 
    the government of any foreign country.
        (5) Of the funds appropriated under title III of this Act that 
    are made available for the promotion of democracy, not less than 
    $30,000,000 shall be made available to expand access to information 
    and communications through the Internet, and shall be used for 
    programs that provide unmonitored and uncensored access to the 
    Internet for large numbers of users living in closed societies that 
    have acutely hostile Internet environments.
    (n) Personnel.--The authority provided by section 1113 of Public 
Law 111-32 shall remain in effect through fiscal year 2010.
    (o) Partner Vetting.--None of the funds appropriated by this Act or 
any prior Act may be used by the Secretary of State or the 
Administrator of the United States Agency for International Development 
(USAID) to implement a Partner Vetting System (PVS): Provided, That 
notwithstanding the previous sentence, funds appropriated by this Act 
may be used to implement a PVS pilot program, including necessary 
rulemaking: Provided further, That any such PVS pilot program shall 
apply equally to the programs and activities of the Department of State 
and USAID: Provided further, That the Secretary of State and the USAID 
Administrator shall jointly consult with the Committees on 
Appropriations not later than 90 days after enactment of this Act and 
prior to the implementation of such a PVS pilot program, and such funds 
shall be subject to the regular notification procedures of the 
Committees on Appropriations.
    (p) Spending Plans.--The Secretary of State shall submit to the 
Committees on Appropriations not later than 45 days after enactment of 
this Act, and prior to the initial obligation of funds for assistance 
for Afghanistan, Pakistan, and Iraq, detailed spending plans for funds 
appropriated for such purposes.
    (q) Technical Corrections.--
        (1)(A) Section 67 of the Bretton Woods Agreements Act, as added 
    by section 1402 of the Supplemental Appropriations Act, 2009 
    (Public Law 111-32), is amended by striking ``resolution numbered 
    54-4'' and inserting ``resolution numbered 52-4''.
        (B) The amendment made by subparagraph (A) shall take effect as 
    if included in the enactment of section 1402 of Public Law 111-32.
        (2) Section 302(l) of the Foreign Assistance Act of 1961 is 
    amended by striking ``Vaccine Fund'' and inserting ``GAVI 
    Alliance''.
    (r) Accountability Review Boards.--The authority provided by 
section 301(a)(3) of the Omnibus Diplomatic Security and Antiterrorism 
Act of 1986 (22 U.S.C. 4831(a)(3)) shall remain in effect through 
September 30, 2010.
    (s) Protections and Remedies for Employees of Diplomatic Missions 
and International Organizations.--The Secretary of State shall promptly 
and fully implement section 203(a)(2) of the William Wilberforce 
Trafficking Victims Protection Reauthorization Act of 2008 (Public Law 
110-457): Provided, That in determining whether to suspend the issuance 
of A-3 or G-5 visas to applicants seeking to work for officials of a 
diplomatic mission or international organization, the Secretary shall 
consider whether a final court judgment has been issued against a 
current or former employee of such mission or organization (and the 
time period for a final appeal has expired): Provided further, That the 
Secretary should assist in obtaining payment of final court judgments 
awarded to A-3 and G-5 visa holders: Provided further, That the 
Secretary should include all trafficking cases involving A-3 or G-5 
visa holders in the Trafficking in Persons annual report where a final 
civil judgment has been issued (and the time period for final appeal 
has expired) or the Department of Justice has determined that the 
United States Government would seek to indict the diplomat or a family 
member but for diplomatic immunity.
    (t) International Tribunal for Yugoslavia.--Section 1342(c)(3) of 
the National Defense Authorization Act for Fiscal Year 1996 (Public Law 
104-106) is amended by adding ``, as amended'' after ``signed at The 
Hague, October 5, 1994''.

                     arab league boycott of israel

    Sec. 7035.  It is the sense of the Congress that--
        (1) the Arab League boycott of Israel, and the secondary 
    boycott of American firms that have commercial ties with Israel, is 
    an impediment to peace in the region and to United States 
    investment and trade in the Middle East and North Africa;
        (2) the Arab League boycott, which was regrettably reinstated 
    in 1997, should be immediately and publicly terminated, and the 
    Central Office for the Boycott of Israel immediately disbanded;
        (3) all Arab League states should normalize relations with 
    their neighbor Israel;
        (4) the President and the Secretary of State should continue to 
    vigorously oppose the Arab League boycott of Israel and find 
    concrete steps to demonstrate that opposition by, for example, 
    taking into consideration the participation of any recipient 
    country in the boycott when determining to sell weapons to said 
    country; and
        (5) the President should report to Congress annually on 
    specific steps being taken by the United States to encourage Arab 
    League states to normalize their relations with Israel to bring 
    about the termination of the Arab League boycott of Israel, 
    including those to encourage allies and trading partners of the 
    United States to enact laws prohibiting businesses from complying 
    with the boycott and penalizing businesses that do comply.

                         palestinian statehood

    Sec. 7036. (a) Limitation on Assistance.--None of the funds 
appropriated under titles III through VI of this Act may be provided to 
support a Palestinian state unless the Secretary of State determines 
and certifies to the appropriate congressional committees that--
        (1) the governing entity of a new Palestinian state--
            (A) has demonstrated a firm commitment to peaceful co-
        existence with the State of Israel;
            (B) is taking appropriate measures to counter terrorism and 
        terrorist financing in the West Bank and Gaza, including the 
        dismantling of terrorist infrastructures, and is cooperating 
        with appropriate Israeli and other appropriate security 
        organizations; and
        (2) the Palestinian Authority (or the governing entity of a new 
    Palestinian state) is working with other countries in the region to 
    vigorously pursue efforts to establish a just, lasting, and 
    comprehensive peace in the Middle East that will enable Israel and 
    an independent Palestinian state to exist within the context of 
    full and normal relationships, which should include--
            (A) termination of all claims or states of belligerency;
            (B) respect for and acknowledgment of the sovereignty, 
        territorial integrity, and political independence of every 
        state in the area through measures including the establishment 
        of demilitarized zones;
            (C) their right to live in peace within secure and 
        recognized boundaries free from threats or acts of force;
            (D) freedom of navigation through international waterways 
        in the area; and
            (E) a framework for achieving a just settlement of the 
        refugee problem.
    (b) Sense of Congress.--It is the sense of Congress that the 
governing entity should enact a constitution assuring the rule of law, 
an independent judiciary, and respect for human rights for its 
citizens, and should enact other laws and regulations assuring 
transparent and accountable governance.
    (c) Waiver.--The President may waive subsection (a) if he 
determines that it is important to the national security interests of 
the United States to do so.
    (d) Exemption.--The restriction in subsection (a) shall not apply 
to assistance intended to help reform the Palestinian Authority and 
affiliated institutions, or the governing entity, in order to help meet 
the requirements of subsection (a), consistent with the provisions of 
section 7040 of this Act (``Limitation on Assistance to the Palestinian 
Authority'').

           restrictions concerning the palestinian authority

    Sec. 7037.  None of the funds appropriated under titles II through 
VI of this Act may be obligated or expended to create in any part of 
Jerusalem a new office of any department or agency of the United States 
Government for the purpose of conducting official United States 
Government business with the Palestinian Authority over Gaza and 
Jericho or any successor Palestinian governing entity provided for in 
the Israel-PLO Declaration of Principles: Provided, That this 
restriction shall not apply to the acquisition of additional space for 
the existing Consulate General in Jerusalem: Provided further, That 
meetings between officers and employees of the United States and 
officials of the Palestinian Authority, or any successor Palestinian 
governing entity provided for in the Israel-PLO Declaration of 
Principles, for the purpose of conducting official United States 
Government business with such authority should continue to take place 
in locations other than Jerusalem: Provided further, That as has been 
true in the past, officers and employees of the United States 
Government may continue to meet in Jerusalem on other subjects with 
Palestinians (including those who now occupy positions in the 
Palestinian Authority), have social contacts, and have incidental 
discussions.

 prohibition on assistance to the palestinian broadcasting corporation

    Sec. 7038.  None of the funds appropriated or otherwise made 
available by this Act may be used to provide equipment, technical 
support, consulting services, or any other form of assistance to the 
Palestinian Broadcasting Corporation.

                 assistance for the west bank and gaza

    Sec. 7039. (a) Oversight.--For fiscal year 2010, 30 days prior to 
the initial obligation of funds for the bilateral West Bank and Gaza 
Program, the Secretary of State shall certify to the Committees on 
Appropriations that procedures have been established to assure the 
Comptroller General of the United States will have access to 
appropriate United States financial information in order to review the 
uses of United States assistance for the Program funded under the 
heading ``Economic Support Fund'' for the West Bank and Gaza.
    (b) Vetting.--Prior to the obligation of funds appropriated by this 
Act under the heading ``Economic Support Fund'' for assistance for the 
West Bank and Gaza, the Secretary of State shall take all appropriate 
steps to ensure that such assistance is not provided to or through any 
individual, private or government entity, or educational institution 
that the Secretary knows or has reason to believe advocates, plans, 
sponsors, engages in, or has engaged in, terrorist activity nor, with 
respect to private entities or educational institutions, those that 
have as a principal officer of the entity's governing board or 
governing board of trustees any individual that has been determined to 
be involved in, or advocating terrorist activity or determined to be a 
member of a designated foreign terrorist organization: Provided, That 
the Secretary of State shall, as appropriate, establish procedures 
specifying the steps to be taken in carrying out this subsection and 
shall terminate assistance to any individual, entity, or educational 
institution which the Secretary has determined to be involved in or 
advocating terrorist activity.
    (c) Prohibition.--
        (1) None of the funds appropriated under titles III through VI 
    of this Act for assistance under the West Bank and Gaza Program may 
    be made available for the purpose of recognizing or otherwise 
    honoring individuals who commit, or have committed acts of 
    terrorism.
        (2) Notwithstanding any other provision of law, none of the 
    funds made available by this or prior appropriations Acts, 
    including funds made available by transfer, may be made available 
    for obligation for security assistance for the West Bank and Gaza 
    until the Secretary of State reports to the Committees on 
    Appropriations on the benchmarks that have been established for 
    security assistance for the West Bank and Gaza and reports on the 
    extent of Palestinian compliance with such benchmarks.
    (d) Audits.--
        (1) The Administrator of the United States Agency for 
    International Development shall ensure that Federal or non-Federal 
    audits of all contractors and grantees, and significant 
    subcontractors and sub-grantees, under the West Bank and Gaza 
    Program, are conducted at least on an annual basis to ensure, among 
    other things, compliance with this section.
        (2) Of the funds appropriated by this Act up to $500,000 may be 
    used by the Office of Inspector General of the United States Agency 
    for International Development for audits, inspections, and other 
    activities in furtherance of the requirements of this subsection: 
    Provided, That such funds are in addition to funds otherwise 
    available for such purposes.
    (e) Subsequent to the certification specified in subsection (a), 
the Comptroller General of the United States shall conduct an audit and 
an investigation of the treatment, handling, and uses of all funds for 
the bilateral West Bank and Gaza Program, including all funds provided 
as cash transfer assistance, in fiscal year 2010 under the heading 
``Economic Support Fund'', and such audit shall address--
        (1) the extent to which such Program complies with the 
    requirements of subsections (b) and (c); and
        (2) an examination of all programs, projects, and activities 
    carried out under such Program, including both obligations and 
    expenditures.
    (f) Funds made available in this Act for West Bank and Gaza shall 
be subject to the regular notification procedures of the Committees on 
Appropriations.
    (g) Not later than 180 days after enactment of this Act, the 
Secretary of State shall submit a report to the Committees on 
Appropriations updating the report contained in section 2106 of chapter 
2 of title II of Public Law 109-13.

         limitation on assistance for the palestinian authority

    Sec. 7040. (a) Prohibition of Funds.--None of the funds 
appropriated by this Act to carry out the provisions of chapter 4 of 
part II of the Foreign Assistance Act of 1961 may be obligated or 
expended with respect to providing funds to the Palestinian Authority.
    (b) Waiver.--The prohibition included in subsection (a) shall not 
apply if the President certifies in writing to the Speaker of the House 
of Representatives, the President pro tempore of the Senate, and the 
Committees on Appropriations that waiving such prohibition is important 
to the national security interests of the United States.
    (c) Period of Application of Waiver.--Any waiver pursuant to 
subsection (b) shall be effective for no more than a period of 6 months 
at a time and shall not apply beyond 12 months after the enactment of 
this Act.
    (d) Report.--Whenever the waiver authority pursuant to subsection 
(b) is exercised, the President shall submit a report to the Committees 
on Appropriations detailing the justification for the waiver, the 
purposes for which the funds will be spent, and the accounting 
procedures in place to ensure that the funds are properly disbursed: 
Provided, That the report shall also detail the steps the Palestinian 
Authority has taken to arrest terrorists, confiscate weapons and 
dismantle the terrorist infrastructure.
    (e) Certification.--If the President exercises the waiver authority 
under subsection (b), the Secretary of State must certify and report to 
the Committees on Appropriations prior to the obligation of funds that 
the Palestinian Authority has established a single treasury account for 
all Palestinian Authority financing and all financing mechanisms flow 
through this account, no parallel financing mechanisms exist outside of 
the Palestinian Authority treasury account, and there is a single 
comprehensive civil service roster and payroll.
    (f) Prohibition to Hamas and the Palestine Liberation 
Organization.--
        (1) None of the funds appropriated in titles III through VI of 
    this Act may be obligated for salaries of personnel of the 
    Palestinian Authority located in Gaza or may be obligated or 
    expended for assistance to Hamas or any entity effectively 
    controlled by Hamas or any power-sharing government of which Hamas 
    is a member.
        (2) Notwithstanding the limitation of subsection (1), 
    assistance may be provided to a power-sharing government only if 
    the President certifies and reports to the Committees on 
    Appropriations that such government, including all of its ministers 
    or such equivalent, has publicly accepted and is complying with the 
    principles contained in section 620K(b)(1)(A) and (B) of the 
    Foreign Assistance Act of 1961, as amended.
        (3) The President may exercise the authority in section 620K(e) 
    of the Foreign Assistance Act as added by the Palestinian Anti-
    Terrorism Act of 2006 (Public Law 109-446) with respect to this 
    subsection.
        (4) Whenever the certification pursuant to paragraph (2) is 
    exercised, the Secretary of State shall submit a report to the 
    Committees on Appropriations within 120 days of the certification 
    and every quarter thereafter on whether such government, including 
    all of its ministers or such equivalent are continuing to comply 
    with the principles contained in section 620K(b)(l)(A) and (B) of 
    the Foreign Assistance Act of 1961, as amended: Provided, That the 
    report shall also detail the amount, purposes and delivery 
    mechanisms for any assistance provided pursuant to the 
    abovementioned certification and a full accounting of any direct 
    support of such government.
        (5) None of the funds appropriated under titles III through VI 
    of this Act may be obligated for assistance for the Palestine 
    Liberation Organization.

                              saudi arabia

    Sec. 7041.  None of the funds made available in this Act may be 
obligated or expended to finance any assistance to Saudi Arabia: 
Provided, That the Secretary of State may waive this section if the 
Secretary determines that to do so is in the national interest of the 
United States.

                               near east

    Sec. 7042. (a) Egypt.--
        (1) Of the funds appropriated by titles III and IV of this Act, 
    not less than $1,295,200,000 shall be made available for assistance 
    for Egypt.
        (2) Of the funds appropriated by this Act under the heading 
    ``Economic Support Fund'' for assistance for Egypt, up to 
    $50,000,000 may be made available for an endowment to further the 
    shared interests of the United States and Egypt, consistent with 
    the purposes and requirements for which such funds are requested in 
    the fiscal year 2010 congressional budget justification materials 
    and appropriated under such heading: Provided, That the Secretary 
    of State shall consult with the Committees on Appropriations on the 
    establishment of such an endowment, and any funds to be used for 
    such an endowment shall be subject to the regular notification 
    procedures of the Committees on Appropriations.
    (b) Iraq.--
        (1) Of the funds appropriated by titles III and IV of this Act, 
    up to $466,800,000 may be made available for assistance for Iraq.
        (2) The terms and conditions of section 1106(a) and (b) of 
    Public Law 111-32 shall apply to assistance for Iraq in fiscal year 
    2010.
        (3) None of the funds made available in this Act may be used by 
    the Government of the United States to enter into a permanent 
    basing rights agreement between the United States and Iraq.
    (c) Jordan.--Of the funds appropriated by titles III and IV of this 
Act, not less than $542,950,000 shall be made available for assistance 
for Jordan.
    (d) Lebanon.--
        (1) Of the funds appropriated by titles III and IV of this Act, 
    not less than $238,300,000 shall be made available for assistance 
    for Lebanon.
        (2) Funds appropriated under the heading ``Foreign Military 
    Financing Program'' in this Act for assistance for Lebanon shall be 
    made available only to professionalize the Lebanese Armed Forces 
    and to strengthen border security and combat terrorism, including 
    training and equipping the Lebanese Armed Forces to secure 
    Lebanon's borders, interdicting arms shipments, preventing the use 
    of Lebanon as a safe haven for terrorist groups and implementing 
    United Nations Security Council Resolution 1701: Provided, That 
    funds may not be made available for obligation until the Secretary 
    of State provides the Committees on Appropriations a detailed 
    spending plan.
    (e) Middle East Peace.--Funds appropriated by this Act should be 
made available in a manner to further peace in the Middle East between 
Israelis and Palestinians.
    (f) West Bank and Gaza.--
        (1) Of the funds appropriated by titles III and IV of this Act, 
    $502,900,000 shall be made available for assistance for the West 
    Bank and Gaza.
        (2) The reporting requirements contained in section 1404 of 
    Public Law 110-242 shall apply to funds made available by this Act, 
    including a description of modifications, if any, to the security 
    strategy of the Palestinian Authority.
        (3) The reporting requirements regarding the United Nations 
    Relief and Works Agency contained in the joint explanatory 
    statement accompanying the Supplemental Appropriations Act, 2009 
    (Public Law 111-32, House Report 111-151) under the heading 
    ``Migration and Refugee Assistance'' in title XI shall apply to 
    funds made available by this Act under such heading.

                             iran sanctions

    Sec. 7043. (a) Use of Funds.--It is the policy of the United States 
to seek to prevent Iran from achieving the capability to produce or 
otherwise manufacture nuclear weapons, including by supporting 
international diplomatic efforts to halt Iran's uranium enrichment 
program, and the President should fully implement and enforce the Iran 
Sanctions Act of 1996, as amended (Public Law 104-172) as a means of 
encouraging foreign governments to require state-owned and private 
entities to cease all investment in, and support of, Iran's energy 
sector and all exports of refined petroleum products to Iran.
    (b) Limitation.--
        (1) None of the funds made available in title VI of this Act 
    under the heading ``Program Account'' or ``Subsidy Appropriation'' 
    may be used by the Export-Import Bank of the United States to 
    authorize any new guarantee, insurance, or extension of credit for 
    any project controlled by an energy producer or refiner that 
    continues to:
            (A) provide Iran with significant refined petroleum 
        resources;
            (B) materially contribute to Iran's capability to import 
        refined petroleum resources; or
            (C) allow Iran to maintain or expand, in any material 
        respect, its domestic production of refined petroleum 
        resources, including any assistance in refinery construction, 
        modernization, or repair.
        (2) If the Secretary of State determines and reports to the 
    Committees on Appropriations that a country is closely cooperating 
    with efforts of the United States related to Iran, such as through 
    the imposition of sanctions, the Secretary may exempt private 
    entities from such country from the limitation under paragraph (1).
        (3) The President may waive the limitation under paragraph (1) 
    if the President determines and reports to the Committees on 
    Appropriations that to do so is important to the national security 
    interest of the United States.
    (c) Reports.--
        (1) The Secretary of State shall submit to the Committees on 
    Appropriations, not later than 90 days after the date of enactment 
    of this Act and the end of each 90-day period thereafter until 
    September 30, 2010, a report on the status of the bilateral and 
    multilateral efforts aimed at curtailing the pursuit by Iran of 
    nuclear weapons technology.
        (2) The Secretary of State, in consultation with the Secretary 
    of the Treasury, shall submit to the Committees on Appropriations, 
    not later than 180 days after the date of enactment of this Act, a 
    report on the status of bilateral United States and multilateral 
    sanctions against Iran and actions taken by the United States and 
    the international community to enforce sanctions against Iran: 
    Provided, That such report may be submitted in classified form if 
    necessary and shall include the following:
            (A) a list of all current United States bilateral and 
        multilateral sanctions against Iran;
            (B) a list of all United States and foreign entities that 
        the Secretary of State has reason to believe may be in 
        violation of existing United States bilateral and multilateral 
        sanctions;
            (C) a detailed description of United States efforts to 
        enforce sanctions, including a list of all investigations 
        initiated in the 12 months preceding the date of enactment of 
        this Act that have resulted in a determination that a sanctions 
        violation has occurred, and actions taken by the United States 
        Government pursuant to the determination;
            (D) any case in which sanctions were waived or otherwise 
        not imposed against an entity which was determined to have 
        engaged in activities for which sanctions should be imposed and 
        the reason why action was not taken to sanction the entity; and
            (E) a description of United States diplomatic efforts to 
        expand bilateral and multilateral sanctions against Iran and 
        strengthen international efforts to enforce existing sanctions.

                   aircraft transfer and coordination

    Sec. 7044. (a) Transfer Authority.--Notwithstanding any other 
provision of law or regulation, aircraft procured with funds 
appropriated by this Act and prior Acts making appropriations for the 
Department of State, foreign operations, and related programs under the 
headings ``Diplomatic and Consular Programs'', ``International 
Narcotics Control and Law Enforcement'', and ``Andean Counterdrug 
Programs'' may be used for any other program and in any region, 
including for the transportation of active and standby Civilian 
Response Corps personnel and equipment during a deployment: Provided, 
That the responsibility for policy decisions and justification for the 
use of such transfer authority shall be the responsibility of the 
Secretary of State and the Deputy Secretary of State and this 
responsibility shall not be delegated.
    (b) Property Disposal.--The authority provided in subsection (a) 
shall apply only after a determination by the Secretary of State to the 
Committees on Appropriations that the equipment is no longer required 
to meet programmatic purposes in the designated country or region: 
Provided, That any such transfer shall be subject to prior consultation 
with, and the regular notification procedures of, the Committees on 
Appropriations.
    (c) Aircraft Coordination.--
        (1) The uses of aircraft purchased or leased by the Department 
    of State and the United States Agency for International Development 
    (USAID) with funds made available in this Act or prior Acts making 
    appropriations for the Department of State, foreign operations, and 
    related programs shall be coordinated under the authority of the 
    appropriate Chief of Mission: Provided, That such aircraft may be 
    used to transport Federal and non-Federal personnel supporting the 
    Department of State and USAID programs and activities: Provided 
    further, That official travel for other agencies for other purposes 
    may be supported on a reimbursable basis, or without reimbursement 
    when traveling on a space available basis.
        (2) The requirement and authorities of this subsection shall 
    only apply to aircraft, the primary purpose of which is the 
    transportation of personnel.
    (d) Air Fleets.--Not later than September 30, 2010, the Secretary 
of State, in consultation with the USAID Administrator, shall submit a 
report to the Committees on Appropriations detailing the total 
inventory of aircraft procured, leased, or contracted by the Department 
of State and USAID, the contractors operating such aircraft, and the 
annual costs of such contracts: Provided, That such report shall also 
include a best value analysis of the tradeoffs between the purchase or 
lease of aircraft, including all aspects of the costs and risks 
associated with air operations such as repair, maintenance, air safety 
and daily operations.

                           western hemisphere

    Sec. 7045. (a) Trade Capacity.--Of the funds appropriated by this 
Act, not less than $10,000,000 under the heading ``Development 
Assistance'' and not less than $10,000,000 under the heading ``Economic 
Support Fund'' shall be made available for labor and environmental 
capacity building activities relating to the free trade agreements with 
countries of Central America, Peru and the Dominican Republic.
    (b) Assistance for Haiti.--
        (1) The Government of Haiti shall be eligible to purchase 
    defense articles and services under the Arms Export Control Act (22 
    U.S.C. 2751 et seq.), for the Coast Guard.
        (2) Of the funds appropriated by this Act under titles III and 
    IV, not less than $295,530,000 shall be made available for 
    assistance for Haiti.
        (3) None of the funds made available by this Act under the 
    heading ``International Narcotics Control and Law Enforcement'' may 
    be used to transfer excess weapons, ammunition or other lethal 
    property of an agency of the United States Government to the 
    Government of Haiti for use by the Haitian National Police until 
    the Secretary of State reports to the Committees on Appropriations 
    that any members of the Haitian National Police who have been 
    credibly alleged to have committed serious crimes, including drug 
    trafficking and violations of internationally recognized human 
    rights, have been suspended.
    (c) Caribbean Basin Security Initiative.--Of the funds appropriated 
under the headings ``Development Assistance'', ``Economic Support 
Fund'', ``International Narcotics Control and Law Enforcement'', and 
``Foreign Military Financing Program'' in this Act, not less than 
$37,000,000 should be made available for assistance for the countries 
of the Caribbean Basin, to provide equipment and training to combat 
drug trafficking and related violence and organized crime, and for 
judicial reform, institution building, education, anti-corruption, rule 
of law activities, and maritime security, of which not less than 
$21,100,000 should be made available for social justice and education 
programs to include vocational training, workforce development and 
juvenile justice activities: Provided, That none of the funds made 
available under this subsection shall be made available for budget 
support or as cash payments.
        (1) Spending plan.--Not later than 45 days after the date of 
    the enactment of this Act, the Secretary of State shall submit to 
    the Committees on Appropriations a detailed spending plan for funds 
    appropriated or otherwise made available for the countries of the 
    Caribbean Basin by this Act, with concrete goals, actions to be 
    taken, budget proposals, and anticipated results.
        (2) Definition.--For the purposes of this subsection, the term 
    ``countries of the Caribbean Basin'' means Antigua and Barbuda, The 
    Bahamas, Barbados, Belize, Dominica, Dominican Republic, Grenada, 
    Guyana, Haiti, Jamaica, St. Kitts and Nevis, Saint Lucia, St. 
    Vincent and the Grenadines, Suriname, and Trinidad and Tobago.
    (d) Assistance for Guatemala.--
        (1) Of the funds appropriated by this Act under the heading 
    ``International Narcotics Control and Law Enforcement'' not less 
    than $4,000,000 shall be made available for a United States 
    contribution to the International Commission Against Impunity in 
    Guatemala (CICIG).
        (2) Funds appropriated by this Act under the heading 
    ``International Military Education and Training'' (IMET) that are 
    available for assistance for Guatemala, other than for expanded 
    IMET, may be made available only for the Guatemalan Air Force, Navy 
    and Army Corps of Engineers: Provided, That assistance for the Army 
    Corps of Engineers shall only be available for training to improve 
    disaster response capabilities and to participate in international 
    peacekeeping operations: Provided further, That such funds may be 
    made available only if the Secretary of State certifies that the 
    Air Force, Navy and Army Corps of Engineers are respecting 
    internationally recognized human rights and cooperating with 
    civilian judicial investigations and prosecutions of current and 
    retired military personnel who have been credibly alleged to have 
    committed violations of such rights, and with the CICIG by granting 
    access to CICIG personnel, providing evidence to CICIG, and 
    allowing witness testimony.
        (3) Of the funds appropriated by this Act under the heading 
    ``Foreign Military Financing Program'', not more than $1,000,000 
    may be made available for the Guatemalan Air Force, Navy and Army 
    Corps of Engineers: Provided, That assistance for the Army Corps of 
    Engineers shall only be available for training to improve disaster 
    response capabilities and to participate in international 
    peacekeeping operations: Provided further, That such funds may be 
    made available only if the Secretary of State certifies that the 
    Air Force, Navy and Army Corps of Engineers are respecting 
    internationally recognized human rights and cooperating with 
    civilian judicial investigations and prosecutions of current and 
    retired military personnel who have been credibly alleged to have 
    committed violations of such rights, including protecting and 
    providing to the Attorney General's office all military archives 
    pertaining to the internal armed conflict, and cooperating with the 
    CICIG by granting access to CICIG personnel, providing evidence to 
    CICIG, and allowing witness testimony: Provided further, That funds 
    made available in this Act for regional naval cooperation and 
    maritime security assistance programs shall not be subject to the 
    funding limitation of this subsection.
    (e) Assistance for Mexico.--
        (1) Assistance.--Of the funds appropriated under the headings 
    ``International Narcotics Control and Law Enforcement'', ``Foreign 
    Military Financing Program'', and ``Economic Support Fund'' in this 
    Act, not more than $210,250,000 may be made available for 
    assistance for Mexico, only to combat drug trafficking and related 
    violence and organized crime, and for judicial reform, institution 
    building, anti-corruption, and rule of law activities: Provided, 
    That none of the funds made available under this subsection shall 
    be made available for budget support or as cash payments.
        (2) Applicability of fiscal year 2009 provisions.--The 
    provisions of paragraphs (1) through (3) of section 7045(e) of the 
    Department of State, Foreign Operations, and Related Programs 
    Appropriations Act, 2009 (division H of Public Law 111-8) shall 
    apply to funds appropriated or otherwise made available by this Act 
    for assistance for Mexico to the same extent and in the same manner 
    as such provisions of law applied to funds appropriated or 
    otherwise made available by such other Act for assistance for 
    Mexico.
    (f) Assistance for the Countries of Central America.--Of the funds 
appropriated under the headings ``International Narcotics Control and 
Law Enforcement'', ``Economic Support Fund'', and ``Foreign Military 
Financing Program'', up to $83,000,000 may be made available for 
assistance for the countries of Central America only to combat drug 
trafficking and related violence and organized crime, and for judicial 
reform, institution building, anti-corruption, rule of law activities, 
and maritime security: Provided, That funds appropriated under the 
heading ``Economic Support Fund'' shall be made available through the 
United States Agency for International Development for continued 
support of an Economic and Social Development Fund for Central America: 
Provided further, That none of the funds made available under this 
subsection shall be made available for budget support or as cash 
payments.
        (1) Applicability of fiscal year 2009 provisions.--The 
    provisions of paragraphs (1) through (3) of section 7045(f) of the 
    Department of State, Foreign Operations, and Related Programs 
    Appropriations Act, 2009 (division H of Public Law 111-8) shall 
    apply to funds appropriated or otherwise made available by this Act 
    for assistance for countries of Central America to the same extent 
    and in the same manner as such provisions of law applied to funds 
    appropriated or otherwise made available by such other Act for 
    assistance for the countries of Central America.
        (2) Definition.--For the purposes of this subsection, the term 
    ``countries of Central America'' means Belize, Costa Rica, El 
    Salvador, Guatemala, Honduras, Nicaragua, and Panama.
    (g) Aircraft Operations and Maintenance.--To the maximum extent 
practicable, the costs of operations and maintenance, including fuel, 
of aircraft funded by this Act should be borne by the recipient 
country.
    (h) Pilot Project.--Not later than June 30, 2011, the Secretary of 
State, in consultation with the Secretary of Homeland Security, shall 
submit a report to the Committees on Appropriations on the feasibility 
of extending the use of passport cards as proof of identity and 
citizenship for the purposes of international travel by nationals of 
the United States, Canada, and Mexico to air ports of entry between the 
United States and Canada and between the United States and Mexico: 
Provided, That the report shall detail all relevant security, 
infrastructure, budget, policy, or diplomatic implications that may 
arise from extending such use of passport cards: Provided further, That 
the Secretary shall use up to $100,000 of the funds made available 
under the heading ``Diplomatic and Consular Programs'' in this Act for 
a pilot project to test the feasibility of such use of passport cards 
at selected air ports of entry between the United States and Canada.

                                colombia

    Sec. 7046. (a) Assistance.--Of the funds appropriated under the 
headings ``Economic Support Fund'', ``International Narcotics Control 
and Law Enforcement'', ``Nonproliferation, Anti-terrorism, Demining and 
Related Programs'', ``International Military Education and Training'', 
and ``Foreign Military Financing Program'' in this Act, not more than 
$521,880,000 shall be made available for assistance for Colombia.
    Funds appropriated by this Act and made available to the Department 
of State for assistance to the Government of Colombia may be used to 
support a unified campaign against narcotics trafficking and 
organizations designated as Foreign Terrorist Organizations and 
successor organizations, and to take actions to protect human health 
and welfare in emergency circumstances, including undertaking rescue 
operations: Provided, That assistance made available in prior Acts for 
the Government of Colombia to protect the Cano-Limon pipeline may also 
be used for purposes for which funds are made available under the 
heading ``International Narcotics Control and Law Enforcement'' in this 
Act: Provided further, That no United States Armed Forces personnel or 
United States civilian contractor employed by the United States will 
participate in any combat operation in connection with assistance made 
available by this Act for Colombia: Provided further, That rotary and 
fixed wing aircraft supported with funds appropriated under the heading 
``International Narcotics Control and Law Enforcement'' for assistance 
for Colombia may be used for aerial or manual drug eradication and 
interdiction including to transport personnel and supplies and to 
provide security for such operations, and to provide transport in 
support of alternative development programs and investigations of cases 
under the jurisdiction of the Attorney General, the Procuraduria 
General de la Nacion, and the Defensoria del Pueblo: Provided further, 
That the President shall ensure that if any helicopter procured with 
funds in this Act or prior Acts making appropriations for the 
Department of State, foreign operations, and related programs, is used 
to aid or abet the operations of any illegal self-defense group, 
paramilitary organization, illegal security cooperative or successor 
organizations in Colombia, such helicopter shall be immediately 
returned to the United States: Provided further, That none of the funds 
appropriated by this Act or prior Acts making appropriations for the 
Department of State, foreign operations, and related programs may be 
made available for assistance for the Colombian Departamento 
Administrativo de Seguridad.
    Of the funds available under the heading ``International Narcotics 
Control and Law Enforcement'' for the Colombian national police for the 
procurement of chemicals for aerial coca and poppy eradication 
programs, not more than 20 percent of such funds may be made available 
for such eradication programs unless the Secretary of State certifies 
to the Committees on Appropriations that: (1) the herbicide is being 
used in accordance with Environmental Protection Agency label 
requirements for comparable use in the United States and with Colombian 
laws; and (2) the herbicide, in the manner it is being used, does not 
pose unreasonable risks or adverse effects to humans or the 
environment, including endemic species: Provided, That such funds may 
not be made available unless the Secretary of State certifies to the 
Committees on Appropriations that any complaints of harm to health or 
licit crops caused by such aerial eradication are thoroughly 
investigated and evaluated, and fair compensation is being paid in a 
timely manner for meritorious claims: Provided further, That such funds 
may not be made available for such purposes unless programs are being 
implemented by the United States Agency for International Development, 
the Government of Colombia, or other organizations, in consultation and 
coordination with local communities, to provide alternative sources of 
income in areas where security permits for small-acreage growers and 
communities whose illicit crops are targeted for aerial eradication: 
Provided further, That none of the funds appropriated by this Act for 
assistance for Colombia shall be made available for the cultivation or 
processing of African oil palm, if doing so would contribute to 
significant loss of native species, disrupt or contaminate natural 
water sources, reduce local food security, or cause the forced 
displacement of local people: Provided further, That funds appropriated 
by this Act may not be used for aerial eradication in Colombia's 
national parks or reserves unless the Secretary of State certifies to 
the Committees on Appropriations on a case-by-case basis that there are 
no effective alternatives and the eradication is conducted in 
accordance with Colombian laws.
    (b) Applicability of Fiscal Year 2009 Provisions.--
        (1) In general.--Except as provided in paragraph (2), the 
    provisions of subsections (b) through (f) of section 7046 of the 
    Department of State, Foreign Operations, and Related Programs 
    Appropriations Act, 2009 (division H of Public Law 111-8) shall 
    apply to funds appropriated or otherwise made available by this Act 
    for assistance for Colombia to the same extent and in the same 
    manner as such provisions of law applied to funds appropriated or 
    otherwise made available by such other Act for assistance for 
    Colombia.
        (2) Exceptions.--The following provisions of section 7046 of 
    division H of Public Law 111-8 shall apply to funds appropriated or 
    otherwise made available by this Act for assistance for Colombia as 
    follows:
            (A) Subsection (b)(1)(B) is amended by striking clause (iv) 
        and inserting the following:
                ``(iv) That the Government of Colombia is respecting 
            the rights of human rights defenders, journalists, trade 
            unionists, political opposition and religious leaders, and 
            indigenous and Afro-Colombian communities, and the 
            Colombian Armed Forces are implementing procedures to 
            distinguish between civilians, including displaced persons, 
            and combatants in their operations.''.
            (B) Subsection (b)(2) is amended by striking ``July 31, 
        2009'' and inserting ``July 31, 2010''.
            (C) Subsection (b)(3) is amended by striking ``Andean 
        Counterdrug Programs'' and inserting ``International Narcotics 
        Control and Law Enforcement''.
            (D) Subsection (c) is amended by striking ``September 30, 
        2009'' and inserting ``September 30, 2010''.
            (E) Subsection (d)(1) is amended--
                (i) by striking ``$16,769,000'' and inserting 
            ``$18,606,000''; and
                (ii) by striking ``fiscal year 2009'' and inserting 
            ``fiscal year 2010''.

                   community-based police assistance

    Sec. 7047. (a) Authority.--Funds made available by titles III and 
IV of this Act to carry out the provisions of chapter 1 of part I and 
chapters 4 and 6 of part II of the Foreign Assistance Act of 1961, may 
be used, notwithstanding section 660 of that Act, to enhance the 
effectiveness and accountability of civilian police authority through 
training and technical assistance in human rights, the rule of law, 
anti-corruption, strategic planning, and through assistance to foster 
civilian police roles that support democratic governance including 
assistance for programs to prevent conflict, respond to disasters, 
address gender-based violence, and foster improved police relations 
with the communities they serve.
    (b) Notification.--Assistance provided under subsection (a) shall 
be subject to prior consultation with, and the regular notification 
procedures of, the Committees on Appropriations.

           prohibition of payments to united nations members

    Sec. 7048.  None of the funds appropriated or made available 
pursuant to titles III through VI of this Act for carrying out the 
Foreign Assistance Act of 1961, may be used to pay in whole or in part 
any assessments, arrearages, or dues of any member of the United 
Nations or, from funds appropriated by this Act to carry out chapter 1 
of part I of the Foreign Assistance Act of 1961, the costs for 
participation of another country's delegation at international 
conferences held under the auspices of multilateral or international 
organizations.

                     war crimes tribunals drawdown

    Sec. 7049.  If the President determines that doing so will 
contribute to a just resolution of charges regarding genocide or other 
violations of international humanitarian law, the President may direct 
a drawdown pursuant to section 552(c) of the Foreign Assistance Act of 
1961 of up to $30,000,000 of commodities and services for the United 
Nations War Crimes Tribunal established with regard to the former 
Yugoslavia by the United Nations Security Council or such other 
tribunals or commissions as the Council may establish or authorize to 
deal with such violations, without regard to the ceiling limitation 
contained in paragraph (2) thereof: Provided, That the determination 
required under this section shall be in lieu of any determinations 
otherwise required under section 552(c): Provided further, That funds 
made available pursuant to this section shall be made available subject 
to the regular notification procedures of the Committees on 
Appropriations.

                         peacekeeping missions

    Sec. 7050.  None of the funds made available under title I of this 
Act may be used for any United Nations activity when it is made known 
to the Federal official having authority to obligate or expend such 
funds that: (1) the United Nations activity is a peacekeeping mission; 
(2) such activity will involve United States Armed Forces under the 
command or operational control of a foreign national; and (3) the 
President's military advisors have not submitted to the President a 
recommendation that such involvement is in the national interests of 
the United States and the President has not submitted to the Congress 
such a recommendation.

                        peacekeeping assessment

    Sec. 7051.  Section 404(b)(2)(B) of the Foreign Relations 
Authorization Act, Fiscal Years 1994 and 1995 (22 U.S.C. 287e note) is 
amended by adding the following:
                ``(vi) For assessments made during calendar year 2010, 
            27.3 percent.''.

                  united nations human rights council

    Sec. 7052.  The Secretary of State shall report to the Committees 
on Appropriations not later than 30 days after the date of enactment of 
this Act, and every 180 days thereafter until September 30, 2010, on 
the resolutions adopted in the United Nations Human Rights Council.

                attendance at international conferences

    Sec. 7053.  None of the funds made available in this Act may be 
used to send or otherwise pay for the attendance of more than 50 
employees of agencies or departments of the United States Government 
who are stationed in the United States, at any single international 
conference occurring outside the United States, unless the Secretary of 
State reports to the Committees on Appropriations that such attendance 
is in the national interest: Provided, That for purposes of this 
section the term ``international conference'' shall mean a conference 
attended by representatives of the United States Government and of 
foreign governments, international organizations, or nongovernmental 
organizations.

               restrictions on united nations delegations

    Sec. 7054.  None of the funds made available under title I of this 
Act may be used to pay expenses for any United States delegation to any 
specialized agency, body, or commission of the United Nations if such 
commission is chaired or presided over by a country, the government of 
which the Secretary of State has determined, for purposes of section 
6(j)(1) of the Export Administration Act of 1979 (50 U.S.C. App. 
2405(j)(1)), supports international terrorism.

   parking fines and real property taxes owed by foreign governments

    Sec. 7055. (a) Subject to subsection (c), of the funds appropriated 
under titles III through VI by this Act that are made available for 
assistance for a foreign country, an amount equal to 110 percent of the 
total amount of the unpaid fully adjudicated parking fines and 
penalties and unpaid property taxes owed by the central government of 
such country shall be withheld from obligation for assistance for the 
central government of such country until the Secretary of State submits 
a certification to the Committees on Appropriations stating that such 
parking fines and penalties and unpaid property taxes are fully paid.
    (b) Funds withheld from obligation pursuant to subsection (a) may 
be made available for other programs or activities funded by this Act, 
after consultation with and subject to the regular notification 
procedures of the Committees on Appropriations, provided that no such 
funds shall be made available for assistance for the central government 
of a foreign country that has not paid the total amount of the fully 
adjudicated parking fines and penalties and unpaid property taxes owed 
by such country.
    (c) Subsection (a) shall not include amounts that have been 
withheld under any other provision of law.
    (d)(1) The Secretary of State may waive the requirements set forth 
in subsection (a) with respect to parking fines and penalties no sooner 
than 60 days from the date of enactment of this Act, or at any time 
with respect to a particular country, if the Secretary determines that 
it is in the national interests of the United States to do so.
    (2) The Secretary of State may waive the requirements set forth in 
subsection (a) with respect to the unpaid property taxes if the 
Secretary of State determines that it is in the national interests of 
the United States to do so.
    (e) Not later than 6 months after the initial exercise of the 
waiver authority in subsection (d), the Secretary of State, after 
consultations with the City of New York, shall submit a report to the 
Committees on Appropriations describing a strategy, including a 
timetable and steps currently being taken, to collect the parking fines 
and penalties and unpaid property taxes and interest owed by nations 
receiving foreign assistance under this Act.
    (f) In this section:
        (1) The term ``fully adjudicated'' includes circumstances in 
    which the person to whom the vehicle is registered--
            (A)(i) has not responded to the parking violation summons; 
        or
            (ii) has not followed the appropriate adjudication 
        procedure to challenge the summons; and
            (B) the period of time for payment of or challenge to the 
        summons has lapsed.
        (2) The term ``parking fines and penalties'' means parking 
    fines and penalties--
            (A) owed to--
                (i) the District of Columbia; or
                (ii) New York, New York; and
            (B) incurred during the period April 1, 1997, through 
        September 30, 2009.
        (3) The term ``unpaid property taxes'' means the amount of 
    unpaid taxes and interest determined to be owed by a foreign 
    country on real property in the District of Columbia or New York, 
    New York in a court order or judgment entered against such country 
    by a court of the United States or any State or subdivision 
    thereof.

                    landmines and cluster munitions

    Sec. 7056. (a) Landmines.--Notwithstanding any other provision of 
law, demining equipment available to the United States Agency for 
International Development and the Department of State and used in 
support of the clearance of landmines and unexploded ordnance for 
humanitarian purposes may be disposed of on a grant basis in foreign 
countries, subject to such terms and conditions as the President may 
prescribe.
    (b) Cluster Munitions.--No military assistance shall be furnished 
for cluster munitions, no defense export license for cluster munitions 
may be issued, and no cluster munitions or cluster munitions technology 
shall be sold or transferred, unless--
        (1) the submunitions of the cluster munitions, after arming, do 
    not result in more than 1 percent unexploded ordnance across the 
    range of intended operational environments; and
        (2) the agreement applicable to the assistance, transfer, or 
    sale of such cluster munitions or cluster munitions technology 
    specifies that the cluster munitions will only be used against 
    clearly defined military targets and will not be used where 
    civilians are known to be present or in areas normally inhabited by 
    civilians.

                 prohibition on publicity or propaganda

    Sec. 7057.  No part of any appropriation contained in this Act 
shall be used for publicity or propaganda purposes within the United 
States not authorized before the date of the enactment of this Act by 
the Congress: Provided, That not to exceed $25,000 may be made 
available to carry out the provisions of section 316 of Public Law 96-
533.

                    limitation on residence expenses

    Sec. 7058.  Of the funds appropriated or made available pursuant to 
title II of this Act, not to exceed $100,500 shall be for official 
residence expenses of the United States Agency for International 
Development during the current fiscal year: Provided, That appropriate 
steps shall be taken to assure that, to the maximum extent possible, 
United States-owned foreign currencies are utilized in lieu of dollars.

     united states agency for international development management

                     (including transfer of funds)

    Sec. 7059. (a) Authority.--Up to $93,000,000 of the funds made 
available in title III of this Act to carry out the provisions of part 
I of the Foreign Assistance Act of 1961, including funds appropriated 
under the heading ``Assistance for Europe, Eurasia and Central Asia'', 
may be used by the United States Agency for International Development 
(USAID) to hire and employ individuals in the United States and 
overseas on a limited appointment basis pursuant to the authority of 
sections 308 and 309 of the Foreign Service Act of 1980.
    (b) Restrictions.--
        (1) The number of individuals hired in any fiscal year pursuant 
    to the authority contained in subsection (a) may not exceed 175.
        (2) The authority to hire individuals contained in subsection 
    (a) shall expire on September 30, 2011.
    (c) Conditions.--The authority of subsection (a) may only be used 
to the extent that an equivalent number of positions that are filled by 
personal services contractors or other non-direct hire employees of 
USAID, who are compensated with funds appropriated to carry out part I 
of the Foreign Assistance Act of 1961, including funds appropriated 
under the heading ``Assistance for Europe, Eurasia and Central Asia'', 
are eliminated.
    (d) Priority Sectors.--In exercising the authority of this section, 
primary emphasis shall be placed on enabling USAID to meet personnel 
positions in technical skill areas currently encumbered by contractor 
or other non-direct hire personnel.
    (e) Consultations.--The USAID Administrator shall consult with the 
Committees on Appropriations on a quarterly basis concerning the 
implementation of this section.
    (f) Program Account Charged.--The account charged for the cost of 
an individual hired and employed under the authority of this section 
shall be the account to which such individual's responsibilities 
primarily relate: Provided, That funds made available to carry out this 
section may be transferred to, and merged with, funds appropriated by 
this Act in title II under the heading ``Operating Expenses''.
    (g) Foreign Service Limited Extensions.--Individuals hired and 
employed by USAID, with funds made available in this Act or prior Acts 
making appropriations for the Department of State, foreign operations, 
and related programs, pursuant to the authority of section 309 of the 
Foreign Service Act of 1980, may be extended for a period of up to 4 
years notwithstanding the limitation set forth in such section.
    (h) Junior Officer Placement Authority.--Of the funds made 
available in subsection (a), USAID may use, in addition to funds 
otherwise available for such purposes, up to $15,000,000 to fund 
overseas support costs of members of the Foreign Service with a Foreign 
Service rank of four or below: Provided, That such authority is only 
used to reduce USAID's reliance on overseas personal services 
contractors or other non-direct hire employees compensated with funds 
appropriated to carry out part I of the Foreign Assistance Act of 1961, 
including funds appropriated under the heading ``Assistance for Europe, 
Eurasia and Central Asia''.
    (i) Disaster Surge Capacity.--Funds appropriated under title III of 
this Act to carry out part I of the Foreign Assistance Act of 1961, 
including funds appropriated under the heading ``Assistance for Europe, 
Eurasia and Central Asia'', may be used, in addition to funds otherwise 
available for such purposes, for the cost (including the support costs) 
of individuals detailed to or employed by USAID whose primary 
responsibility is to carry out programs in response to natural 
disasters.
    (j) Technical Advisors.--Up to $13,500,000 of the funds made 
available by this Act in title III for assistance under the heading 
``Global Health and Child Survival'', may be used to reimburse United 
States Government agencies, agencies of State governments, institutions 
of higher learning, and private and voluntary organizations for the 
full cost of individuals (including for the personal services of such 
individuals) detailed or assigned to, or contracted by, as the case may 
be, USAID for the purpose of carrying out activities under that 
heading: Provided, That up to $3,500,000 of the funds made available by 
this Act for assistance under the heading ``Development Assistance'' 
may be used to reimburse such agencies, institutions, and organizations 
for such costs of such individuals carrying out other development 
assistance activities.
    (k) Personal Services Contractors.--Funds appropriated by this Act 
to carry out chapter 1 of part I, chapter 4 of part II, and section 667 
of the Foreign Assistance Act of 1961, and title II of the Agricultural 
Trade Development and Assistance Act of 1954, may be used by USAID to 
employ up to 40 personal services contractors in the United States, 
notwithstanding any other provision of law, for the purpose of 
providing direct, interim support for new or expanded overseas programs 
and activities managed by the agency until permanent direct hire 
personnel are hired and trained: Provided, That not more than 10 of 
such contractors shall be assigned to any bureau or office: Provided 
further, That not more than 15 of such contractors shall be for 
activities related to USAID's Afghanistan program: Provided further, 
That such funds appropriated to carry out title II of the Agricultural 
Trade Development and Assistance Act of 1954, may be made available 
only for personal services contractors assigned to the Office of Food 
for Peace.
    (l) Hiring Authority.--Notwithstanding section 307 of the Foreign 
Service Act of 1980, the USAID Administrator may hire up to 30 
individuals under the Development Leadership Initiative: Provided, That 
the authority contained in this subsection shall expire on September 
30, 2011.
    (m) Recruitment Strategy.--Funds made available under the heading 
``Operating Expenses'' in title II of this Act may be made available to 
implement the strategy described in section 7059(1) of Public Law 111-
8, subject to the regular notification procedures of the Committees on 
Appropriations.
    (n) Locally Employed Staff.--Of the funds appropriated under title 
II of this Act, up to $1,000,000, in addition to funds otherwise made 
available for such purposes, may be made available for special 
compensation for overseas, locally employed staff.
    (o) Senior Foreign Service Limited Appointments.--Pursuant to the 
authority of section 309 of the Foreign Service Act of 1980, and 
notwithstanding the limitation set forth in section 305 of the Foreign 
Service Act of 1980, as amended, USAID may appoint into the Senior 
Foreign Service and employ up to 10 individuals to be assigned to or 
support programs in Iraq, Afghanistan, or Pakistan with funds made 
available in this Act and prior Acts making appropriations for the 
Department of State, foreign operations, and related programs.

                        global health activities

    Sec. 7060.  Funds appropriated by titles III and IV of this Act 
that are made available for bilateral assistance for child survival 
activities or disease programs including activities relating to 
research on, and the prevention, treatment and control of, HIV/AIDS may 
be made available notwithstanding any other provision of law except for 
the provisions under the heading ``Global Health and Child Survival'' 
and the United States Leadership Against HIV/AIDS, Tuberculosis, and 
Malaria Act of 2003 (117 Stat. 711; 22 U.S.C. 7601 et seq.), as 
amended: Provided, That of the funds appropriated under title III of 
this Act, not less than $648,457,000 should be made available for 
family planning/reproductive health, including in areas where 
population growth threatens biodiversity or endangered species.

                       development grants program

    Sec. 7061.  Of the funds appropriated in title III of this Act, not 
less than $40,000,000 shall be made available for the Development 
Grants Program established pursuant to section 674 of the Department of 
State, Foreign Operations, and Related Programs Appropriations Act, 
2008 (division J of Public Law 110-161), to support grants of not more 
than $2,000,000 to small nongovernmental organizations: Provided, That 
funds made available under this section are in addition to other funds 
available for such purposes including funds designated by this Act by 
section 7065.

                          women in development

    Sec. 7062. (a) Programs funded under title III of this Act shall 
include, where appropriate, gender considerations in the planning, 
assessment, implementation, monitoring and evaluation of such programs.
    (b) Funds made available under title III of this Act shall be made 
available to support programs to enhance economic opportunities for 
poor women in developing countries, including increasing the number and 
capacity of women-owned enterprises, improving property rights for 
women, increasing access to financial services, and improving women's 
ability to participate in the global economy.
    (c) Funds made available under title III of this Act for food 
security and agricultural development shall take into consideration the 
unique needs of women, and technical assistance for women farmers 
should be a priority.

                         gender-based violence

    Sec. 7063. (a) Funds appropriated under the headings ``Development 
Assistance'', ``Economic Support Fund'', and ``International Narcotics 
Control and Law Enforcement'' in this Act shall be made available for 
programs to address sexual and gender-based violence.
    (b) Programs and activities funded under titles III and IV of this 
Act that provide training for foreign police, judicial, and military 
officials shall address, where appropriate, gender-based violence.

                               education

    Sec. 7064. (a) Basic Education.--
        (1) Of the funds appropriated by title III of this Act, not 
    less than $925,000,000 should be made available for assistance for 
    basic education, of which not less than $365,000,000 shall be made 
    available under the heading ``Development Assistance''.
        (2) There shall continue to be a Coordinator of United States 
    Government Actions to Provide Basic Education Assistance in 
    developing countries as established in section 664 of division J of 
    Public Law 110-161.
        (3) The United States Agency for International Development 
    shall ensure that programs supported with funds appropriated for 
    basic education in this Act and prior Acts are integrated, when 
    appropriate, with health, agriculture, governance, and economic 
    development activities to address the economic and social needs of 
    the broader community.
    (b) Higher Education.--Of the funds appropriated by title III of 
this Act, not less than $200,000,000 shall be made available for 
assistance for higher education, of which not less than $25,000,000 
shall be made available for such assistance for Africa including not 
less than $15,000,000 to support partnerships between African and 
United States institutions of higher education.

                        reconciliation programs

    Sec. 7065.  Of the funds appropriated by title III of this Act 
under the headings ``Economic Support Fund'' and ``Development 
Assistance'', $26,000,000 shall be made available to support people to 
people reconciliation programs which bring together individuals of 
different ethnic, religious and political backgrounds from areas of 
civil strife and war, of which $10,000,000 shall be made available for 
such programs in the Middle East: Provided, That the Administrator of 
the United States Agency for International Development shall consult 
with the Committees on Appropriations, prior to the initial obligation 
of funds, on the most effective uses of such funds.

                   comprehensive expenditures report

    Sec. 7066.  Not later than 180 days after the date of enactment of 
this Act, the Secretary of State shall submit a report to the 
Committees on Appropriations detailing the total amount of United 
States Government expenditures in fiscal years 2008 and 2009, by 
Federal agency, for assistance programs and activities in each foreign 
country, identifying the line item as presented in the President's 
Budget Appendix and the purpose for which the funds were provided: 
Provided, That if required, information may be submitted in classified 
form.

                         requests for documents

    Sec. 7067.  None of the funds appropriated or made available 
pursuant to titles III through VI of this Act shall be available to a 
nongovernmental organization, including any contractor, which fails to 
provide upon timely request any document, file, or record necessary to 
the auditing requirements of the United States Agency for International 
Development.

                     senior policy operating group

    Sec. 7068. (a) The Senior Policy Operating Group on Trafficking in 
Persons, established under section 105(f) of the Victims of Trafficking 
and Violence Protection Act of 2000 (22 U.S.C. 7103(f)) to coordinate 
agency activities regarding policies (including grants and grant 
policies) involving the international trafficking in persons, shall 
coordinate all such policies related to the activities of traffickers 
and victims of severe forms of trafficking.
    (b) None of the funds provided under title I of this or any other 
Act making appropriations for the Department of State, foreign 
operations, and related programs shall be expended to perform functions 
that duplicate coordinating responsibilities of the Operating Group.
    (c) The Operating Group shall continue to report only to the 
authorities that appointed them pursuant to section 105(f).

                     prohibition on use of torture

    Sec. 7069.  None of the funds made available in this Act shall be 
used in any way whatsoever to support or justify the use of torture, 
cruel or inhumane treatment by any official or contract employee of the 
United States Government.

                                 africa

    Sec. 7070. (a) Expanded International Military Education and 
Training.--
        (1) Funds appropriated under the heading ``International 
    Military Education and Training'' in this Act that are made 
    available for assistance for Angola, Cameroon, Central African 
    Republic, Chad, Cote d'Ivoire, Guinea and Zimbabwe may be made 
    available only for training related to international peacekeeping 
    operations and expanded international military education and 
    training: Provided, That the limitation included in this paragraph 
    shall not apply to courses that support training in maritime 
    security for Angola and Cameroon.
        (2) None of the funds appropriated under the heading 
    ``International Military Education and Training'' in this Act may 
    be made available for assistance for Equatorial Guinea or Somalia.
    (b) Counterterrorism Programs.--Funds appropriated by this Act 
under the headings ``Development Assistance'', ``Economic Support 
Fund'', ``International Narcotics Control and Law Enforcement'', 
``Nonproliferation, Anti-terrorism, Demining, and Related Programs'', 
and ``Peacekeeping Operations'' shall be made available as follows:
        (1) Not less than $24,735,000 shall be made available for the 
    East Africa Regional Strategic Initiative;
        (2) Not less than $3,600,000 shall be made available for Africa 
    Conflict Stabilization and Border Security;
        (3) Not less than $81,315,000 shall be made available for 
    Trans-Sahara Counterterrorism Partnership; and
        (4) Not less than $10,000,000 shall be made available for a 
    Horn of Africa and Pan Sahel Program, in addition to funds 
    otherwise made available for such purposes, to be administered by 
    the United States Agency for International Development.
    (c) Ethiopia.--
        (1) None of the funds appropriated by this Act under the 
    heading ``Foreign Military Financing Program'' that are available 
    for assistance for Ethiopia may be made available unless the 
    Secretary of State--
            (A) determines that the Government of Ethiopia is taking 
        effective measures to guarantee the rights of its citizens to 
        peaceful expression, association and assembly, and to document 
        violations of internationally recognized human rights without 
        harassment or criminal penalty, and provides such determination 
        in writing to the Committees on Appropriations; and
            (B) submits a report to such Committees on the types and 
        amounts of United States training and equipment provided to the 
        Ethiopian military including steps being taken to ensure that 
        such assistance is not provided to Ethiopian military units or 
        personnel with records of violations of internationally 
        recognized human rights.
        (2) The restriction in paragraph (1) shall not apply to 
    assistance to support the deployment of members of the Ethiopian 
    military in international peacekeeping operations.
    (d) Rwanda.--
        (1) None of the funds appropriated by this Act under the 
    heading ``Foreign Military Financing Program'' may be made 
    available for assistance for Rwanda if the Secretary of State has 
    credible evidence that the Government of Rwanda is providing 
    political, military or financial support to armed groups in the 
    Democratic Republic of the Congo that have committed violations of 
    internationally recognized human rights, including rape.
        (2) The restriction in paragraph (1) shall not apply to 
    assistance to improve border controls to prevent the importation of 
    minerals into Rwanda by such groups, or to support the deployment 
    of members of the Rwandan military in international peacekeeping 
    operations.
    (e) Natural Resource Transparency.--Funds appropriated by this Act 
that are available for assistance for Liberia, Sierra Leone, Nigeria, 
Cote d'Ivoire, and the countries participating in the Congo Basin 
Forest Partnership shall be made available to promote and support 
transparency and accountability in relation to the extraction of 
timber, oil and gas, cacao and other natural resources, including by 
strengthening implementation and monitoring of the Extractive 
Industries Transparency Initiative and the Kimberley Process 
Certification Scheme.
    (f) Sudan Limitation on Assistance.--
        (1) Subject to subsection (2):
            (A) Notwithstanding any other provision of law, none of the 
        funds appropriated by this Act may be made available for 
        assistance for the Government of Sudan.
            (B) None of the funds appropriated by this Act may be made 
        available for the cost, as defined in section 502, of the 
        Congressional Budget Act of 1974, of modifying loans and loan 
        guarantees held by the Government of Sudan, including the cost 
        of selling, reducing, or canceling amounts owed to the United 
        States, and modifying concessional loans, guarantees, and 
        credit agreements.
        (2) Subsection (f)(1) shall not apply if the Secretary of State 
    determines and certifies to the Committees on Appropriations that:
            (A) The Government of Sudan honors its pledges to cease 
        attacks upon civilians and disarms and demobilizes the 
        Janjaweed and other government-supported militias;
            (B) The Government of Sudan and all government-supported 
        militia groups are honoring their commitments made in all 
        previous cease-fire agreements; and
            (C) The Government of Sudan is allowing unimpeded access to 
        Darfur to humanitarian aid organizations, the human rights 
        investigation and humanitarian teams of the United Nations, 
        including protection officers, and an international monitoring 
        team that is based in Darfur and has the support of the United 
        States.
        (3) The provisions of subsection (f)(1) shall not apply to--
            (A) humanitarian assistance;
            (B) assistance for the Darfur region, Southern Sudan, 
        Southern Kordofan/Nuba Mountains State, Blue Nile State, and 
        Abyei; and
            (C) assistance to support implementation of the 
        Comprehensive Peace Agreement and the Darfur Peace Agreement or 
        any other internationally-recognized viable peace agreement in 
        Sudan.
        (4) For the purposes of this Act, the term ``Government of 
    Sudan'' shall not include the Government of Southern Sudan.
        (5) Notwithstanding any other provision of law, assistance in 
    this Act may be made available to the Government of Southern Sudan 
    to provide non-lethal military assistance, military education and 
    training, and defense services controlled under the International 
    Traffic in Arms Regulations (22 CFR 120.1 et seq.) if the Secretary 
    of State--
            (A) determines that the provision of such items is in the 
        national interest of the United States; and
            (B) not later than 15 days before the provision of any such 
        assistance, notifies the Committees on Appropriations of such 
        determination.
    (g) Southern Sudan.--The Secretary of State shall seek to obtain 
regular audits of the financial accounts of the Government of Southern 
Sudan to ensure transparency and accountability of funds, including 
revenues from the extraction of oil and gas, and the public disclosure 
of such audits in a timely manner: Provided, That in determining 
amounts and types of United States assistance to make available to the 
Government of Southern Sudan, the Secretary shall consider the extent 
to which such government is ensuring transparency and accountability of 
funds: Provided further, That the Secretary shall, as appropriate, 
assist the Government of Southern Sudan in conducting such audits, and 
shall submit a report not later than 90 days after enactment of this 
Act to the Committees on Appropriations detailing the steps that will 
be taken by the Government of Southern Sudan to improve resource 
management and ensure transparency and accountability of funds.
    (h) War Crimes in Africa.--
        (1) The Congress reaffirms its support for the efforts of the 
    International Criminal Tribunal for Rwanda (ICTR) and the Special 
    Court for Sierra Leone (SCSL) to bring to justice individuals 
    responsible for war crimes and crimes against humanity in a timely 
    manner.
        (2) Funds appropriated by this Act, including funds for debt 
    restructuring, may be made available for assistance for the central 
    government of a country in which individuals indicted by ICTR and 
    SCSL are credibly alleged to be living, if the Secretary of State 
    determines and reports to the Committees on Appropriations that 
    such government is cooperating with ICTR and SCSL, including the 
    surrender and transfer of indictees in a timely manner: Provided, 
    That this subsection shall not apply to assistance provided under 
    section 551 of the Foreign Assistance Act of 1961 or to project 
    assistance under title VI of this Act: Provided further, That the 
    United States shall use its voice and vote in the United Nations 
    Security Council to fully support efforts by ICTR and SCSL to bring 
    to justice individuals indicted by such tribunals in a timely 
    manner.
        (3) The prohibition in subsection (2) may be waived on a 
    country-by-country basis if the President determines that doing so 
    is in the national security interest of the United States: 
    Provided, That prior to exercising such waiver authority, the 
    President shall submit a report to the Committees on 
    Appropriations, in classified form if necessary, on--
            (A) the steps being taken to obtain the cooperation of the 
        government in surrendering the indictee in question to the 
        court of jurisdiction;
            (B) a strategy, including a timeline, for bringing the 
        indictee before such court; and
            (C) the justification for exercising the waiver authority.
    (i) Zimbabwe.--
        (1) The Secretary of the Treasury shall instruct the United 
    States executive director to each international financial 
    institution to vote against any extension by the respective 
    institution of any loans to the Government of Zimbabwe, except to 
    meet basic human needs or to promote democracy, unless the 
    Secretary of State determines and reports in writing to the 
    Committees on Appropriations that the rule of law has been restored 
    in Zimbabwe, including respect for ownership and title to property, 
    freedom of speech and association.
        (2) None of the funds appropriated by this Act shall be made 
    available for assistance for the central government of Zimbabwe, 
    except for macroeconomic growth assistance, unless the Secretary of 
    State makes the determination pursuant to paragraph (1).

                                  asia

    Sec. 7071. (a) Tibet.--
        (1) The Secretary of the Treasury should instruct the United 
    States executive director to each international financial 
    institution to use the voice and vote of the United States to 
    support projects in Tibet if such projects do not provide 
    incentives for the migration and settlement of non-Tibetans into 
    Tibet or facilitate the transfer of ownership of Tibetan land and 
    natural resources to non-Tibetans; are based on a thorough needs-
    assessment; foster self-sufficiency of the Tibetan people and 
    respect Tibetan culture and traditions; and are subject to 
    effective monitoring.
        (2) Notwithstanding any other provision of law, not less than 
    $7,400,000 of the funds appropriated by this Act under the heading 
    ``Economic Support Fund'' should be made available to 
    nongovernmental organizations to support activities which preserve 
    cultural traditions and promote sustainable development and 
    environmental conservation in Tibetan communities in the Tibetan 
    Autonomous Region and in other Tibetan communities in China.
    (b) Burma.--
        (1) The Secretary of the Treasury shall instruct the United 
    States executive director to each appropriate international 
    financial institution in which the United States participates, to 
    oppose and vote against the extension by such institution of any 
    loan or financial or technical assistance or any other utilization 
    of funds of the respective bank to and for Burma.
        (2) Of the funds appropriated by this Act under the heading 
    ``Economic Support Fund'', not less than $36,500,000 shall be made 
    available for assistance for Burma: Provided, That such assistance 
    shall be made available only to support democracy and humanitarian 
    programs and activities in Burma, programs and activities along the 
    Burma-Thailand border, programs and activities involving Burmese 
    student groups and other organizations located outside Burma, and 
    humanitarian assistance for displaced Burmese along Burma's 
    borders: Provided further, That such funds may be made available 
    notwithstanding any other provision of law: Provided further, That 
    in addition to assistance for Burmese refugees provided under the 
    heading ``Migration and Refugee Assistance'' in this Act, not less 
    than $4,000,000 shall be made available for community-based 
    organizations operating in Thailand to provide food, medical and 
    other humanitarian assistance to internally displaced persons in 
    eastern Burma.
        (3) Funds made available under paragraph (2) for any new 
    program, project or activity shall be subject to prior consultation 
    with the Committees on Appropriations and all such funds made 
    available under paragraph (2) shall be subject to the regular 
    notification procedures of such Committees: Provided, That when 
    implementing activities with funds appropriated by this Act for 
    assistance for Burma, the implementing agency shall only support 
    activities that are consistent with the principles and goals of the 
    National League for Democracy in Burma.
    (c) Cambodia.--Funds made available in this Act for a United States 
contribution to a Khmer Rouge tribunal may only be made available if 
the Secretary of State certifies to the Committees on Appropriations 
that the United Nations and the Government of Cambodia are taking 
credible steps to address allegations of corruption and mismanagement 
within the tribunal.
    (d) Indonesia.--
        (1) Of the funds appropriated by this Act under the heading 
    ``Foreign Military Financing Program'', not to exceed $20,000,000 
    shall be made available for assistance for Indonesia, of which 
    $2,000,000 is withheld from obligation until the Secretary of State 
    submits to the Committees on Appropriations the report on Indonesia 
    detailed under such heading in the joint explanatory statement 
    accompanying this Act.
        (2) Of the funds appropriated by this Act under the heading 
    ``Economic Support Fund'' that are available for assistance for 
    Indonesia, not less than $400,000 should be made available for 
    grants for capacity building of Indonesian human rights 
    organizations, including in Papua.
    (e) Nepal.--
        (1) Funds appropriated by this Act under the heading ``Foreign 
    Military Financing Program'' may be made available for assistance 
    for Nepal if the Secretary of State certifies to the Committees on 
    Appropriations that the Nepal Army is--
            (A) cooperating fully with investigations and prosecutions 
        by civilian judicial authorities of violations of 
        internationally recognized human rights; and
            (B) working constructively to redefine the Nepal Army's 
        mission and adjust its size accordingly, implement reforms 
        including strengthening the capacity of the civilian ministry 
        of defense to improve budget transparency and accountability, 
        and facilitate the integration of former rebel combatants into 
        the security forces including the Nepal Army, consistent with 
        the goals of reconciliation, peace and stability.
        (2) The conditions in paragraph (1) shall not apply to 
    assistance to support the deployment of members of the Nepal Army 
    in humanitarian relief and reconstruction operations in Nepal.
    (f) North Korea.--
        (1) Funds appropriated under the heading ``Migration and 
    Refugee Assistance'' in this Act shall be made available for 
    assistance for refugees from North Korea.
        (2) Of the funds made available under the heading 
    ``International Broadcasting Operations'' in title I of this Act, 
    up to $8,000,000 should be made available for broadcasts into North 
    Korea.
        (3) Of the funds appropriated by this Act under the heading 
    ``Economic Support Fund'', $3,500,000 shall be made available for 
    democracy, human rights, and governance programs for North Korea.
        (4) None of the funds made available by this Act under the 
    heading ``Economic Support Fund'' may be made available for energy-
    related assistance for North Korea.
        (5) Funds made available by this Act under the heading 
    ``Economic Support Fund'' for assistance for countries in the North 
    Asia region may be made available for programs and activities 
    pursuant to section 4 of Public Law 108-333, as amended, and 
    subject to the regular notification procedures of the Committees on 
    Appropriations: Provided, That for the purposes of this subsection, 
    such programs and activities shall be considered democracy 
    promotion.
        (6) Not later than 45 days after enactment of this Act, the 
    Secretary of State shall report to the Committees on Appropriations 
    the amount the Secretary determines the Government of North Korea 
    owes the Government of the United States for the unsupervised 
    distribution of food assistance provided by the United States: 
    Provided, That the Secretary of State should reduce any assistance 
    made available to the Government of North Korea by such amount, 
    unless the Secretary reports to the Committees on Appropriations 
    that the Government of North Korea provided such food assistance to 
    eligible recipients as intended, or that North Korea has reimbursed 
    the Government of the United States for the costs of such food 
    assistance: Provided further, That the previous proviso shall not 
    apply to programs and activities that promote human rights, 
    democracy, rule of law, and to humanitarian assistance.
    (g) People's Republic of China.--
        (1) None of the funds appropriated under the heading 
    ``Diplomatic and Consular Programs'' in this Act may be obligated 
    or expended for processing licenses for the export of satellites of 
    United States origin (including commercial satellites and satellite 
    components) to the People's Republic of China unless, at least 15 
    days in advance, the Committees on Appropriations are notified of 
    such proposed action.
        (2) The terms and requirements of section 620(h) of the Foreign 
    Assistance Act of 1961 shall apply to foreign assistance projects 
    or activities of the People's Liberation Army (PLA) of the People's 
    Republic of China, to include such projects or activities by any 
    entity that is owned or controlled by, or an affiliate of, the PLA: 
    Provided, That none of the funds appropriated or otherwise made 
    available pursuant to this Act may be used to finance any grant, 
    contract, or cooperative agreement with the PLA, or any entity that 
    the Secretary of State has reason to believe is owned or controlled 
    by, or an affiliate of, the PLA.
        (3) Notwithstanding any other provision of law and subject to 
    the regular notification procedures of the Committees on 
    Appropriations, of the funds appropriated by this Act under the 
    heading ``Development Assistance'', not less than $12,000,000 shall 
    be made available to United States educational institutions and 
    nongovernmental organizations for programs and activities in the 
    People's Republic of China relating to the environment, governance, 
    and the rule of law.
    (h) Philippines.--Of the funds appropriated by this Act under the 
heading ``Foreign Military Financing Program'', not to exceed 
$32,000,000 may be made available for assistance for the Philippines, 
of which $3,000,000 may not be obligated until the Secretary of State 
submits to the Committees on Appropriations the report on the 
Philippines detailed under such heading in the joint explanatory 
statement accompanying this Act.
    (i) Timor-Leste.--Of the funds appropriated by this Act under the 
heading ``Economic Support Fund'', not less than $1,000,000, in 
addition to funds otherwise made available for such purposes, shall be 
made available for democracy programs and activities in Timor-Leste, 
and not less than $2,000,000 shall be made available for higher 
education scholarships.
    (j) Vietnam.--Funds appropriated by this Act that are made 
available for assistance for Vietnam for remediation of dioxin 
contaminated sites and related health activities may be made available 
for assistance for the Government of Vietnam, including the military, 
for such purposes.

                                 serbia

    Sec. 7072. (a) Funds appropriated by this Act may be made available 
for assistance for the central Government of Serbia after May 31, 2010, 
if the President has made the determination and certification contained 
in subsection (c).
    (b) After May 31, 2010, the Secretary of the Treasury should 
instruct the United States executive directors to the international 
financial institutions to support loans and assistance to the 
Government of Serbia subject to the conditions in subsection (c).
    (c) The determination and certification referred to in subsection 
(a) is a determination and a certification by the President to the 
Committees on Appropriations that the Government of Serbia is--
        (1) cooperating with the International Criminal Tribunal for 
    the former Yugoslavia including access for investigators, the 
    provision of documents, timely information on the location, 
    movement, and sources of financial support of indictees, and the 
    surrender and transfer of indictees or assistance in their 
    apprehension, including Ratko Mladic;
        (2) taking steps that are consistent with the Dayton Accords to 
    end Serbian financial, political, security and other support which 
    has served to maintain separate Republika Srpska institutions; and
        (3) taking steps to implement policies which reflect a respect 
    for minority rights and the rule of law.
    (d) This section shall not apply to humanitarian assistance or 
assistance to promote democracy.

             independent states of the former soviet union

    Sec. 7073. (a) None of the funds appropriated under the heading 
``Assistance for Europe, Eurasia and Central Asia'' shall be made 
available for assistance for a government of an Independent State of 
the former Soviet Union if that government directs any action in 
violation of the territorial integrity or national sovereignty of any 
other Independent State of the former Soviet Union, such as those 
violations included in the Helsinki Final Act: Provided, That such 
funds may be made available without regard to the restriction in this 
subsection if the President determines that to do so is in the national 
security interest of the United States.
    (b) Funds appropriated under the heading ``Assistance for Europe, 
Eurasia and Central Asia'' for the Russian Federation, Armenia, 
Kazakhstan, and Uzbekistan shall be subject to the regular notification 
procedures of the Committees on Appropriations.
    (c)(1) Of the funds appropriated under the heading ``Assistance for 
Europe, Eurasia and Central Asia'' that are allocated for assistance 
for the Government of the Russian Federation, 60 percent shall be 
withheld from obligation until the President determines and certifies 
in writing to the Committees on Appropriations that the Government of 
the Russian Federation--
        (A) has terminated implementation of arrangements to provide 
    Iran with technical expertise, training, technology, or equipment 
    necessary to develop a nuclear reactor, related nuclear research 
    facilities or programs, or ballistic missile capability; and
        (B) is providing full access to international non-government 
    organizations providing humanitarian relief to refugees and 
    internally displaced persons in Chechnya.
    (2) Paragraph (1) shall not apply to--
        (A) assistance to combat infectious diseases, child survival 
    activities, or assistance for victims of trafficking in persons; 
    and
        (B) activities authorized under title V (Nonproliferation and 
    Disarmament Programs and Activities) of the FREEDOM Support Act.
    (d) Section 907 of the FREEDOM Support Act shall not apply to--
        (1) activities to support democracy or assistance under title V 
    of the FREEDOM Support Act and section 1424 of Public Law 104-201 
    or non-proliferation assistance;
        (2) any assistance provided by the Trade and Development Agency 
    under section 661 of the Foreign Assistance Act of 1961 (22 U.S.C. 
    2421);
        (3) any activity carried out by a member of the United States 
    and Foreign Commercial Service while acting within his or her 
    official capacity;
        (4) any insurance, reinsurance, guarantee or other assistance 
    provided by the Overseas Private Investment Corporation under title 
    IV of chapter 2 of part I of the Foreign Assistance Act of 1961 (22 
    U.S.C. 2191 et seq.);
        (5) any financing provided under the Export-Import Bank Act of 
    1945; or
        (6) humanitarian assistance.

                  repression in the russian federation

    Sec. 7074. (a) None of the funds appropriated under the heading 
``Assistance for Europe, Eurasia and Central Asia'' in this Act may be 
made available for the Government of the Russian Federation, after 180 
days from the date of the enactment of this Act, unless the Secretary 
of State certifies to the Committees on Appropriations that the 
Government of the Russian Federation:
        (1) has implemented no statute, Executive order, regulation or 
    similar government action that would discriminate, or which has as 
    its principal effect discrimination, against religious groups or 
    religious communities in the Russian Federation in violation of 
    accepted international agreements on human rights and religious 
    freedoms to which the Russian Federation is a party;
        (2) is honoring its international obligations regarding freedom 
    of expression, assembly, and press, as well as due process;
        (3) is investigating and prosecuting law enforcement personnel 
    credibly alleged to have committed human rights abuses against 
    political leaders, activists and journalists; and
        (4) is immediately releasing political leaders, activists and 
    journalists who remain in detention.
    (b) The Secretary of State may waive the requirements of subsection 
(a) if the Secretary determines that to do so is important to the 
national interests of the United States.

                              central asia

    Sec. 7075.  The terms and conditions of sections 7075(a) and (b) 
and 7076(a) through (e) of the Department of State, Foreign Operations, 
and Related Programs Appropriations Act, 2009 (division H of Public Law 
111-8) shall apply to funds appropriated by this Act: Provided, That 
for purposes of the application of section 7076(e) to this Act, the 
term ``assistance'' shall not include expanded international military 
education and training.

                              afghanistan

    Sec. 7076. (a) In General.--Funds appropriated by this Act that are 
available for assistance for Afghanistan shall be made available, to 
the maximum extent practicable, in a manner that utilizes Afghan 
entities and emphasizes the participation and leadership of Afghan 
women and directly improves the security, economic and social well-
being, and political status of Afghan women and girls.
    (b) Assistance for Women and Girls.--
        (1) The terms and conditions of section 1102(b)(1) of Public 
    Law 111-32 shall apply to assistance for Afghanistan in fiscal year 
    2010.
        (2) Of the funds appropriated by this Act under the headings 
    ``Economic Support Fund'' and ``International Narcotics Control and 
    Law Enforcement'', not less than $175,000,000 shall be made 
    available to support programs that directly address the needs and 
    protect the rights of Afghan women and girls, including for the 
    Afghan Independent Human Rights Commission, the Afghan Ministry of 
    Women's Affairs, and for women-led nongovernmental organizations.
    (c) Procurement of Afghan Products and Services.--The terms and 
conditions of section 1102(c) of Public Law 111-32 shall apply to 
assistance for Afghanistan in fiscal year 2010.
    (d) Anticorruption.--
        (1) The terms and conditions of section 1102(d) of Public Law 
    111-32 shall apply to assistance for Afghanistan in fiscal year 
    2010.
        (2) Of the funds appropriated by this Act under the heading 
    ``Economic Support Fund'' that are available for assistance for the 
    Government of Afghanistan, $200,000,000 may not be obligated for 
    such assistance unless the Secretary of State certifies to the 
    Committees on Appropriations that the Government of Afghanistan is 
    cooperating fully with United States efforts against the Taliban 
    and Al Qaeda and to reduce poppy cultivation and illicit drug 
    trafficking: Provided, That the Secretary of State may waive the 
    previous sentence if the Secretary reports to the Committees on 
    Appropriations that to do so is vital to the national security 
    interests of the United States.
    (e) Reconstruction and Development Assistance.--
        (1) Of the funds appropriated by this Act under the heading 
    ``Economic Support Fund'' that are available for assistance for 
    Afghanistan, not less than $175,000,000 shall be made available for 
    the National Solidarity Program.
        (2) The Secretary of State, in consultation with the 
    Administrator of the United States Agency for International 
    Development and the Secretary of Defense, should enhance United 
    States reconstruction efforts in Afghanistan by--
            (A) emphasizing capacity building and support of Afghan 
        entities and institutions at the provincial and sub-provincial 
        levels; and
            (B) requiring civilian Provincial Reconstruction Team (PRT) 
        leaders to consult regularly with appropriate local Afghan 
        leaders in their respective provinces and ensuring that PRT 
        reconstruction and development activities support local needs 
        in a sustainable manner and strengthen the authority and 
        control of the Government of Afghanistan at the provincial and 
        sub-provincial levels.
    (f) Rule of Law Programs.--The Coordinator for Rule of Law at the 
United States Embassy in Kabul, Afghanistan shall be consulted on the 
use of all funds appropriated by this Act for rule of law programs and 
activities in Afghanistan.
    (g) Base Rights.--None of the funds made available by this Act may 
be used by the United States Government to enter into a permanent 
basing rights agreement between the United States and Afghanistan.

                            enterprise funds

    Sec. 7077. (a) Prior to the distribution of any assets resulting 
from any liquidation, dissolution, or winding up of an Enterprise Fund, 
in whole or in part, the President shall submit to the Committees on 
Appropriations, in accordance with the regular notification procedures 
of the Committees on Appropriations, a plan for the distribution of the 
assets of the Enterprise Fund.
    (b) Funds made available under titles III through VI of this Act 
for Enterprise Funds shall be expended at the minimum rate necessary to 
make timely payment for projects and activities and shall be subject to 
the regular notification procedures of the Committees on 
Appropriations.

                     united nations population fund

    Sec. 7078. (a) Contribution.--Of the funds made available under the 
heading ``International Organizations and Programs'' in this Act for 
fiscal year 2010, $55,000,000 shall be made available for the United 
Nations Population Fund (UNFPA).
    (b) Availability of Funds.--Funds appropriated by this Act for 
UNFPA, that are not made available for UNFPA because of the operation 
of any provision of law, shall be transferred to the ``Global Health 
and Child Survival'' account and shall be made available for family 
planning, maternal, and reproductive health activities, subject to the 
regular notification procedures of the Committees on Appropriations.
    (c) Prohibition on Use of Funds in China.--None of the funds made 
available by this Act may be used by UNFPA for a country program in the 
People's Republic of China.
    (d) Conditions on Availability of Funds.--Funds made available by 
this Act for UNFPA may not be made available unless--
        (1) UNFPA maintains funds made available by this Act in an 
    account separate from other accounts of UNFPA and does not 
    commingle such funds with other sums; and
        (2) UNFPA does not fund abortions.
    (e) Report to Congress and Dollar-for-Dollar Withholding of 
Funds.--
        (1) Not later than 4 months after the date of enactment of this 
    Act, the Secretary of State shall submit a report to the Committees 
    on Appropriations indicating the amount of funds that the UNFPA is 
    budgeting for the year in which the report is submitted for a 
    country program in the People's Republic of China.
        (2) If a report under paragraph (1) indicates that the UNFPA 
    plans to spend funds for a country program in the People's Republic 
    of China in the year covered by the report, then the amount of such 
    funds the UNFPA plans to spend in the People's Republic of China 
    shall be deducted from the funds made available to the UNFPA after 
    March 1 for obligation for the remainder of the fiscal year in 
    which the report is submitted.

                                  opic

                     (including transfer of funds)

    Sec. 7079. (a) Whenever the President determines that it is in 
furtherance of the purposes of the Foreign Assistance Act of 1961, up 
to a total of $20,000,000 of the funds appropriated under title III of 
this Act may be transferred to, and merged with, funds appropriated by 
this Act for the Overseas Private Investment Corporation Program 
Account, to be subject to the terms and conditions of that account: 
Provided, That such funds shall not be available for administrative 
expenses of the Overseas Private Investment Corporation: Provided 
further, That designated funding levels in this Act shall not be 
transferred pursuant to this section: Provided further, That the 
exercise of such authority shall be subject to the regular notification 
procedures of the Committees on Appropriations.
    (b) The President of the Overseas Private Investment Corporation is 
hereby authorized and directed to issue, not later than 9 months after 
the date of enactment of this Act, a comprehensive set of 
environmental, transparency and internationally recognized worker 
rights and human rights guidelines with requirements binding on the 
Corporation and its investors that shall be consistently applied to all 
projects, funds and sub-projects supported by the Corporation: 
Provided, That these regulations shall be no less rigorous than the 
environmental and social guidelines that the Corporation has made 
publicly available as of June 3, 2009, and the environmental and social 
policies of the World Bank Group, and hereafter may be issued and 
further revised only following public notice and opportunity for 
comment: Provided further, That the Overseas Private Investment 
Corporation shall issue a report, not later than 180 days after 
enactment of this Act, highlighting its substantial commitment to 
invest in renewable and other clean energy technologies and plans to 
significantly reduce greenhouse gas emissions from its portfolio: 
Provided further, That such commitment shall include implementing a 
revised climate change mitigation plan to reduce greenhouse gas 
emissions associated with projects and sub-projects in the agency's 
portfolio as of June 30, 2008 by at least 30 percent over a 10-year 
period and by at least 50 percent over a 15-year period.
    (c) Notwithstanding section 235(a)(2) of the Foreign Assistance Act 
of 1961 (22 U.S.C. 2195(a)(2)), the authority of subsections (a) 
through (c) of section 234 of such Act shall remain in effect through 
September 30, 2010.

                              extradition

    Sec. 7080. (a) None of the funds appropriated in this Act may be 
used to provide assistance (other than funds provided under the 
headings ``International Narcotics Control and Law Enforcement'', 
``Migration and Refugee Assistance'', ``Emergency Migration and Refugee 
Assistance'', and ``Nonproliferation, Anti-terrorism, Demining and 
Related Assistance'') for the central government of a country which has 
notified the Department of State of its refusal to extradite to the 
United States any individual indicted for a criminal offense for which 
the maximum penalty is life imprisonment without the possibility of 
parole or for killing a law enforcement officer, as specified in a 
United States extradition request.
    (b) Subsection (a) shall only apply to the central government of a 
country with which the United States maintains diplomatic relations and 
with which the United States has an extradition treaty and the 
government of that country is in violation of the terms and conditions 
of the treaty.
    (c) The Secretary of State may waive the restriction in subsection 
(a) on a case-by-case basis if the Secretary certifies to the 
Committees on Appropriations that such waiver is important to the 
national interests of the United States.

                climate change and environment programs

    Sec. 7081. (a) In General.--Of the funds appropriated by this Act, 
up to $1,257,200,000 may be made available for programs and activities 
to--
        (1) reduce, mitigate, and sequester greenhouse gases that 
    contribute to global climate change;
        (2) support climate change adaptation;
        (3) protect forests and other critical landscapes; and
        (4) protect biodiversity.
    (b) Clean Energy Programs.--Funds appropriated by this Act under 
the headings ``Development Assistance'', ``Economic Support Fund'', and 
``Assistance for Europe, Eurasia and Central Asia'' for clean energy 
programs and activities, may be made available only to promote the 
sustainable use of renewable energy technologies and end-use energy 
efficiency technologies, carbon sequestration, and carbon accounting: 
Provided, That of the funds made available for the United States Agency 
for International Development (USAID) for clean energy programs, not 
less than $10,000,000 shall be made available for microfinance 
renewable energy programs, including solar energy programs.
    (c) Adaptation Programs.--Funds appropriated by this Act shall be 
made available for United States contributions to the Least Developed 
Countries Fund and the Special Climate Change Fund to support 
adaptation programs and activities, if the Global Environment Facility 
makes publicly available on its website the criteria used to determine 
which programs and activities receive funds, the manner in which such 
programs and activities meet such criteria, the extent of local 
involvement in such programs and activities, the amount of funds 
provided, and the results achieved.
    (d) Biodiversity.--Of the funds appropriated by title III of this 
Act, not less than $205,000,000 shall be made available for programs 
and activities which directly protect biodiversity, including tropical 
forests and wildlife, in developing countries, of which not less than 
$25,000,000 shall be made available for USAID's conservation programs 
in the Amazon Basin: Provided, That of the funds made available under 
this paragraph, not less than $20,500,000 shall be made available for 
the Congo Basin Forest Partnership only for programs which directly 
promote the conservation and sustainable management of natural 
resources in landscapes in the Congo Basin area, with a priority on 
protected area and landscape resource management to enable local 
communities to conserve the natural resource base, including programs 
to substantially reduce the impacts of industrial-scale resource 
extraction on local communities and the natural resource base: Provided 
further, That none of the funds appropriated by this Act may be made 
available, directly or indirectly, to support industrial-scale logging 
or other industrial-scale resource extraction or sector reform that 
would promote these activities: Provided further, That funds 
appropriated by this Act to carry out the provisions of sections 103 
through 106, and chapter 4 of part II, of the Foreign Assistance Act of 
1961 may be used, notwithstanding any other provision of law and 
subject to the regular notification procedures of the Committees on 
Appropriations, for the purpose of supporting tropical forestry and 
biodiversity conservation activities, clean energy and climate change 
programs aimed at reducing greenhouse gas emissions, and programs to 
mitigate mercury pollution: Provided further, That funds appropriated 
under the heading ``Development Assistance'' may be made available as a 
contribution to the Galapagos Invasive Species Fund.
    (e) Consultation.--Funds made available pursuant to this section 
are subject to prior consultation with, and the regular notification 
procedures of, the Committees on Appropriations: Provided, That prior 
to the obligation of funds for a contribution to the Forest Carbon 
Partnership Facility, the Secretary of State and the Secretary of the 
Treasury, as appropriate, shall determine and report to the Committees 
on Appropriations that there have been thorough consultations by the 
World Bank with interested civil society and indigenous organizations.
    (f) Extraction of Natural Resources.--
        (1) The Secretary of the Treasury shall inform the managements 
    of the international financial institutions and the public that it 
    is the policy of the United States to oppose any assistance by such 
    institutions (including but not limited to any loan, credit, grant, 
    or guarantee) for the extraction and export of oil, gas, coal, 
    timber, or other natural resource unless the government of the 
    country has in place functioning systems for:
            (A) accurately accounting for payments for companies 
        involved in the extraction and export of natural resources;
            (B) the independent auditing of accounts receiving such 
        payments and the widespread public dissemination of the 
        findings of such audits; and
            (C) verifying government receipts against company payments 
        including widespread dissemination of such payment information, 
        and disclosing such documents as Host Government Agreements, 
        Concession Agreements, and bidding documents, allowing in any 
        such dissemination or disclosure for the redaction of, or 
        exceptions for, information that is commercially proprietary or 
        that would create competitive disadvantage.
        (2) Not later than 180 days after the enactment of this Act, 
    the Secretary of the Treasury shall submit a report to the 
    Committees on Appropriations describing, for each international 
    financial institution, the amount and type of assistance provided, 
    by country, for the extraction and export of oil, gas, coal, 
    timber, or other natural resources in the preceding 12 months, and 
    whether each institution considered, in its proposal for such 
    assistance, the extent to which the country has functioning systems 
    described in paragraph (1).
    (g) Authorization for the Clean Technology Fund.--
        (1) Limitations on authorization of appropriations.--For fiscal 
    year 2010, up to $300,000,000 is authorized to be appropriated for 
    a United States contribution to the Clean Technology Fund (the 
    Fund).
        (2) Limits on country access.--The Secretary of the Treasury 
    shall use the voice and vote of the United States to ensure that--
            (A) The Fund does not provide more than 15 percent of Fund 
        resources to any one country;
            (B) Prior to the obligation of funds, recipient countries 
        submit to the governing body of the Fund, and the governing 
        body of the Fund appropriately reviews and considers, an 
        investment plan that will achieve significant net reductions in 
        national-level greenhouse gas emissions;
            (C) The investment plan for a recipient country, whose 
        borrowing status is classified by the World Bank as 
        ``International Development Association (IDA) blend'', shall 
        have at least 15 percent of its total cost for public sector 
        activities contributed from the public funds of the recipient 
        country, and any recipient country whose borrowing status is 
        classified by the World Bank as ``International Bank for 
        Reconstruction and Development (IBRD) Only'' status, shall have 
        at least 25 percent of its total cost for public sector 
        activities contributed from public funds of the recipient 
        country; and
            (D) Assistance made available by the Fund is used 
        exclusively to support the deployment of clean energy 
        technologies in developing countries (including, where 
        appropriate, through the provision of technical support or 
        support for policy or institutional reforms) in a manner that 
        achieves substantial net reductions in greenhouse gas 
        emissions.
        (3) Reporting requirement.--Not later than 180 days after the 
    date of enactment of this Act and annually thereafter, the 
    Secretary of the Treasury shall submit to the Committees on 
    Appropriations in the House and Senate, the Senate Foreign 
    Relations Committee and the House Financial Services Committee, a 
    report describing--
            (A) the operations and governance of the Fund, and the 
        purpose and progress of each project supported by the Fund, 
        including the extent to which assistance made available by the 
        Fund has reduced or will reduce greenhouse gas emissions in 
        recipient countries; and
            (B) how each project furthers the Fund's investment plan of 
        the country or countries in which the project is implemented.
        (4) Definitions.--For purposes of this subsection--
            (A) Net reductions.--The term ``net reductions'' refers to 
        the extent to which a project or program supported under this 
        subsection results in lower greenhouse gas emissions than would 
        be emitted by the same entity or sector in the same country in 
        the absence of the Fund's project, taking into account, unless 
        impracticable, effects beyond the physical boundaries of the 
        project or program that result from project or program 
        activities.
            (B) Public sector activities.--The term ``public sector 
        activities'' may include sovereign loans assumed by the 
        recipient country to contribute to the financing of the 
        investment plan.
            (C) Clean energy technology.--The term ``clean energy 
        technology'' means a technology that, as compared with 
        technologies being deployed at that time for widespread 
        commercial use in the country involved--
                (i) achieves substantial reductions in greenhouse gas 
            emissions;
                (ii) does not result in significant incremental adverse 
            effects on public health or the environment; and
                (iii) does one or more of the following:

                    (I) generates electricity or useful thermal energy 
                from a renewable resource;
                    (II) substantially increases the energy efficiency 
                of buildings, industrial, or agricultural processes, or 
                of electricity transmission, distribution, or end-use 
                consumption; or
                    (III) substantially increases the energy efficiency 
                of the transportation system or increases utilization 
                of transportation fuels that have lifecycle greenhouse 
                gas emissions that are substantially lower than those 
                attributable to fossil fuel-based alternatives.

                  prohibition on promotion of tobacco

    Sec. 7082.  None of the funds provided by this Act shall be 
available to promote the sale or export of tobacco or tobacco products, 
or to seek the reduction or removal by any foreign country of 
restrictions on the marketing of tobacco or tobacco products, except 
for restrictions which are not applied equally to all tobacco or 
tobacco products of the same type.

                 commercial leasing of defense articles

    Sec. 7083.  Notwithstanding any other provision of law, and subject 
to the regular notification procedures of the Committees on 
Appropriations, the authority of section 23(a) of the Arms Export 
Control Act may be used to provide financing to Israel, Egypt and NATO 
and major non-NATO allies for the procurement by leasing (including 
leasing with an option to purchase) of defense articles from United 
States commercial suppliers, not including Major Defense Equipment 
(other than helicopters and other types of aircraft having possible 
civilian application), if the President determines that there are 
compelling foreign policy or national security reasons for those 
defense articles being provided by commercial lease rather than by 
government-to-government sale under such Act.

                            anti-kleptocracy

    Sec. 7084. (a) In furtherance of the National Strategy to 
Internationalize Efforts Against Kleptocracy and Presidential 
Proclamation 7750, the Secretary of State shall compile and maintain a 
list of officials of foreign governments and their immediate family 
members who the Secretary has credible evidence have been involved in 
corruption relating to the extraction of natural resources in their 
countries.
    (b) Any individual on the list compiled under subsection (a) shall 
be ineligible for admission to the United States.
    (c) The Secretary may waive the application of subsection (b) if 
the Secretary determines that admission to the United States is 
necessary to attend the United Nations or to further United States law 
enforcement objectives, or that the circumstances which caused the 
individual to be included on the list have changed sufficiently to 
justify the removal of the individual from the list.
    (d) Not later than 90 days after enactment of this Act and 180 days 
thereafter, the Secretary of State shall report in writing, in 
classified form if necessary, to the Committees on Appropriations 
describing the evidence of corruption concerning each of the 
individuals listed pursuant to subsection (a).

                    international prison conditions

    Sec. 7085. (a) Not later than 180 days after enactment of this Act, 
the Secretary of State shall submit to the Committees on Appropriations 
a report, which shall also be made publicly available including on the 
Department of State's website, describing the conditions in prisons and 
other detention facilities in countries receiving United States 
assistance where the Assistant Secretary of State for Democracy, Human 
Rights and Labor has determined, based on the Department of State's 
most recent Human Rights Report and any other relevant information, 
arbitrary detention and/or cruel, inhumane or degrading treatment of 
prisoners or detainees, or inhumane prison conditions, is common, and 
identifying those countries, if any, whose governments the Assistant 
Secretary determines are making significant efforts to eliminate 
inhumane conditions and those countries whose governments the Assistant 
Secretary determines are not making such efforts.
    (b) For purposes of each determination made pursuant to subsection 
(a), the Assistant Secretary shall consider whether:
        (1) the number of prisoners or detainees does not so exceed 
    prison capacity such that per capita floor space is sufficient to 
    allow for humane sleeping conditions and reasonable physical 
    movement;
        (2) human waste facilities are available and are located 
    separately from the prison population at large, and human waste is 
    disposed of regularly and in a sanitary manner;
        (3) the lighting, ventilation, temperature and physical 
    construction of prisons and other detention facilities do not 
    seriously endanger health and safety;
        (4) prisoners and detainees have access to adequate food and 
    potable drinking water;
        (5) prisoners and detainees have access to basic and emergency 
    medical care;
        (6) to the maximum extent practicable, prisoners and detainees 
    are allowed reasonable contact with visitors and permitted 
    religious observance;
        (7) the government permits prisoners and detainees to submit 
    complaints to judicial authorities without censorship, investigates 
    credible allegations of inhumane conditions, and documents the 
    results of such investigations in a manner that is publicly 
    accessible;
        (8) the government is investigating and monitoring the 
    conditions of prisons and other detention facilities under its 
    authority, including cooperation with international experts on 
    eliminating inhumane conditions, and such information is available 
    to the Secretary of State;
        (9) the government is appointing ombudsmen to serve on behalf 
    of prisoners and detainees, considering alternatives to 
    incarceration for nonviolent offenders to alleviate inhumane 
    overcrowding, making efforts to address the status and 
    circumstances of confinement of juvenile offenders, making efforts 
    to improve pre-trial detention, bail and recordkeeping procedures 
    to reduce pre-trial detention periods and to ensure that prisoners 
    do not serve beyond the maximum sentence for the charged offense; 
    and
        (10) the government is increasing the amount of government 
    resources to eliminate inhumane conditions.
    (c) Funds appropriated by this Act to carry out the provisions of 
chapters 1 and 11 of part I and chapter 4 of part II of the Foreign 
Assistance Act of 1961, and the Support for East European Democracy 
(SEED) Act of 1989, shall be made available, notwithstanding section 
660 of the Foreign Assistance Act of 1961, for assistance to help 
eliminate inhumane conditions in prisons and other detention facilities 
administered by foreign governments that the Assistant Secretary of 
State determines are making significant efforts to eliminate such 
conditions.
    (d) The Secretary of State shall designate a Deputy Assistant 
Secretary of State in the Bureau of Democracy, Human Rights and Labor 
to have primary responsibility for diplomatic efforts related to 
international prison conditions.

                    transparency and accountability

    Sec. 7086. (a) United Nations.--Funds appropriated by this Act 
shall be available to continue to support efforts to promote 
transparency and accountability at the United Nations, including access 
to audits and program information, as appropriate: Provided,  That the 
Secretary of State, following consultation with the Committees on 
Appropriations, may withhold from obligation funds appropriated under 
the heading ``International Organizations and Programs'' for a United 
States contribution to a United Nations organization or agency if the 
Secretary determines that such organization or agency is not adequately 
implementing reforms to increase transparency and accountability.
    (b) International Monetary Fund.--
        (1) The Secretary of the Treasury shall instruct the United 
    States Executive Director of the International Monetary Fund (the 
    Fund) to promote standard public disclosure of documents of the 
    Fund presented to the Executive Board of the Fund and summaries of 
    the minutes of meetings of the Board, as recommended by the 
    Independent Evaluation Office of the Fund, not later than 2 years 
    after the date of the meeting at which the document was presented 
    or the minutes were taken (as the case may be), unless the 
    Executive Board--
            (A) determines that it is appropriate to delay disclosure; 
        and
            (B) posts the reason for the delay on the website of the 
        Fund.
        (2) Transparency and accountability of loans, agreements, and 
    other programs of the international monetary fund.--The Secretary 
    of the Treasury shall instruct the United States Executive Director 
    of the International Monetary Fund to promote--
            (A) transparency and accountability in the policymaking and 
        budgetary procedures of governments of members of the Fund;
            (B) the participation of citizens and nongovernmental 
        organizations in the economic policy choices of those 
        governments; and
            (C) the adoption by those governments of loans, agreements, 
        or other programs of the Fund through a parliamentary process 
        or another participatory and transparent process, as 
        appropriate.
        (3) Efforts to reduce the worst forms of child labor.--
            (A) The Secretary of the Treasury shall instruct the United 
        States Executive Director of the International Monetary Fund to 
        promote policies and practices to reduce the worst forms of 
        child labor (as defined in section 507(6) of the Trade Act of 
        1974 (19 U.S.C. 2467(6))) through education and other means, 
        such as promoting the need for members of the Fund to develop 
        and implement national action plans to combat the worst forms 
        of child labor.
            (B) Not later than one year after the date of the enactment 
        of this Act, the Secretary of the Treasury shall submit to the 
        Committees on Appropriations and Foreign Relations of the 
        Senate and the Committees on Appropriations and Financial 
        Services of the House of Representatives a report describing 
        efforts of the Fund to reduce the worst forms of child labor.
    (c) National Budget Transparency.--
        (1) None of the funds appropriated under titles III and IV of 
    this Act may be made available for assistance for the central 
    government of any country that fails to publicly disclose on an 
    annual basis its national budget, to include income and 
    expenditures.
        (2) The Secretary of State may waive the requirements of 
    paragraph (1) on a country-by-country basis if the Secretary 
    reports to the Committees on Appropriations that to do so is 
    important to the national interest of the United States.
        (3) Of the funds appropriated by this Act under the heading 
    ``Economic Support Fund'', up to $1,500,000 may be made available 
    for programs and activities to assist the central government of any 
    country named in the reports required by paragraph (2) to improve 
    national budget transparency: Provided, That such sums shall be in 
    addition to funds otherwise made available for such purposes.
    (d) Asian Development Bank.--Ten percent of the funds appropriated 
by this Act under the heading ``Contribution to the Asian Development 
Fund'' shall be withheld from obligation until the Secretary of the 
Treasury reports to the Committees on Appropriations that the Asian 
Developement Bank (the Bank) is taking steps to--
        (1) implement an independent review, to include external 
    specialists, of the operations and internal controls of the Office 
    of Information Systems and Technology and any other offices 
    considered vulnerable to fraud and corruption;
        (2) strengthen internal controls to improve accountability by 
    management and prevent cases of fraud and corruption; and
        (3) ensure that restitution, including criminal prosecution if 
    appropriate, is sought if the Bank experiences losses from fraud 
    and corruption.

                          disability programs

    Sec. 7087. (a) Of the funds appropriated by this Act under the 
heading ``Economic Support Fund'', not less than $5,000,000 shall be 
made available for programs and activities administered by the United 
States Agency for International Development (USAID) to address the 
needs and protect and promote the rights of people with disabilities in 
developing countries, and for programs to disseminate information 
(including best practices and strategies) on independent living, 
advocacy, education, and transportation to people with disabilities and 
disability advocacy organizations in developing countries, including 
for the cost of translation.
    (b) Funds appropriated under the heading ``Operating Expenses'' in 
title II of this Act shall be made available to develop and implement 
training for staff in overseas USAID missions to promote the full 
inclusion and equal participation of people with disabilities in 
developing countries.
    (c) The Secretary of State, the Secretary of the Treasury, and the 
USAID Administrator shall seek to ensure that, where appropriate, 
construction projects funded by this Act are accessible to people with 
disabilities and in compliance with the USAID Policy on Standards for 
Accessibility for the Disabled, or other similar accessibility 
standards.
    (d) Of the funds made available pursuant to subsection (a), not 
more than 7 percent may be for management, oversight, and technical 
support.

               orphans, displaced, and abandoned children

    Sec. 7088.  Of the funds appropriated under title III of this Act, 
$3,000,000 should be made available for activities to improve the 
capacity of foreign government agencies and nongovernmental 
organizations to prevent child abandonment, address the needs of 
orphans, displaced and abandoned children and provide permanent homes 
through family reunification, guardianship and adoptions, consistent 
with the Hague Convention on the Protection of Children and Co-
operation in Respect of Inter-Country Adoption.

                               sri lanka

    Sec. 7089. (a) In General.--Funds appropriated in title III of this 
Act that are available for assistance for Sri Lanka shall be made 
available for programs that promote reconciliation between ethnic 
Sinhalese and Tamil populations, support post-conflict reconstruction, 
and advance the participation of Tamils and other minorities in the 
political and economic life of the country, and shall be subject to the 
regular notification procedures of the Committees on Appropriations.
    (b) Restriction on Military Assistance.--None of the funds 
appropriated by this Act under the heading ``Foreign Military Financing 
Program'' may be made available for assistance for Sri Lanka, no 
defense export license may be issued, and no military equipment or 
technology shall be sold or transferred to Sri Lanka pursuant to the 
authorities contained in this Act or any other Act, until the Secretary 
of State certifies to the Committees on Appropriations that the 
Government of Sri Lanka--
        (1) is suspending and bringing to justice members of the 
    military who have been credibly alleged to have violated 
    internationally recognized human rights or international 
    humanitarian law; and
        (2) is respecting internationally recognized human rights, 
    including the right of due process and freedoms of the press, 
    association and assembly;
        (3) is treating internally displaced persons in accordance with 
    international standards, including by guaranteeing their freedom of 
    movement, providing access to conflict-affected areas and 
    populations by humanitarian organizations and journalists, and 
    accounting for persons detained in the conflict; and
        (4) is implementing policies to promote reconciliation and 
    justice including devolution of power as provided for in the 
    Constitution of Sri Lanka.
    (c) Exception.--Subsection (b) shall not apply to assistance for 
humanitarian demining.
    (d) Use of Funds.--If the Secretary makes the certification 
required in subsection (b), funds appropriated under the heading 
``Foreign Military Financing Program'' that are made available for 
assistance for Sri Lanka should be used to support the recruitment and 
training of Tamils into the Sri Lankan military, Tamil language 
training for Sinhalese military personnel, and human rights training 
for all military personnel.
    (e) Restriction on Multilateral Assistance.--The Secretary of the 
Treasury shall instruct the United States Executive Directors of the 
international financial institutions (as defined in section 1701(c)(2) 
of the International Financial Institutions Act (22 U.S.C. 262r(c)(2))) 
to vote against any loan, agreement, or other financial support for Sri 
Lanka except to meet basic human needs, unless the Secretary of State 
certifies to the Committees on Appropriations that the Government of 
Sri Lanka is meeting the requirements in subsection (b)(3).

                 international monetary fund provisions

    Sec. 7090. (a) Opposition to Hard Currency for SDRs Received by 
Terrorist Countries.--The Secretary of the Treasury shall instruct the 
United States Executive Director at the International Monetary Fund 
(the Fund) to use the voice and vote of the United States to oppose the 
provision by the Fund of United States dollars, euros, or Japanese yen 
to any country the government of which the Secretary of State has 
determined, for purposes of section 6(j) of the Export Administration 
Act of 1979, section 620A of the Foreign Assistance Act of 1961, or 
section 40 of the Arms Export Control Act, to be a government that has 
repeatedly provided support for acts of international terrorism, in 
exchange for any Special Drawing Rights received by the country 
pursuant to the amendments to the Articles of Agreement of the Fund as 
described in section 64 of the Bretton Woods Agreements Act.
    (b) Conditional Sunset on Authority to Make Loans to Fund the New 
Arrangements to Borrow.--Section 17(a) of the Bretton Woods Agreements 
Act (22 U.S.C. 286e-2(a)) is amended by adding at the end the 
following:
        ``(3) The authority to make loans under this section shall 
    expire on the date that is 5 years after the date of the enactment 
    of this paragraph unless the Secretary of the Treasury, not later 
    than 60 days before such expiration date or 60 days prior to the 
    renewal of the decision governing the New Arrangements to Borrow 
    (NAB), whichever occurs first, certifies to the appropriate 
    congressional committees, that--
            ``(A) no amendments made, or anticipated to be made, to the 
        NAB to achieve an expanded and more flexible NAB, as described 
        in paragraph 17 of the G20 Leaders' Statement at the 2009 
        London Summit, will impair the ability of the Secretary of the 
        Treasury to consider a renewal of the NAB decision at intervals 
        no greater than 5 years and to withdraw the adherence of the 
        United States to the NAB decision as is currently provided 
        under paragraph 19 of the New Arrangement to Borrow, adopted by 
        the Executive Board of the International Monetary Fund (IMF) on 
        January 27, 1997; and
            ``(B)(i) the IMF will borrow resources from members under 
        the NAB only when quota resources need to be supplemented in 
        order to forestall or cope with an impairment of the 
        international monetary system or to deal with an exceptional 
        situation that poses a threat to the stability of that system;
            ``(ii) the IMF has, prior to any activation of the NAB, 
        fully explored other means of funding to supplement any 
        potential shortfall in quota resources necessary to forestall 
        or cope with an impairment of the international monetary system 
        or to deal with an exceptional situation that poses a threat to 
        the stability of that system; or
            ``(iii) it is in the United States' strategic economic 
        interest to maintain the relative size or lower of the United 
        States contribution to the NAB as in effect on the date of the 
        certification.
        ``(4) Not later than 15 days before submitting the 
    certification under paragraph (3), the Secretary of the Treasury 
    shall consult with the appropriate congressional committees 
    regarding such certification.''.
    (c) Limitation on Percentage of New Arrangements to Borrow to Be 
Funded by the United States.--Section 17(a)(2) of the Bretton Woods 
Agreements Act (22 U.S.C. 286e-2(a)(2)) is amended by striking ``is 
representative of its share as of the date of the enactment of this 
Act'' and inserting ``remains not greater than 20 percent, which 
approximates the United States share as of the date of the enactment of 
the Supplemental Appropriations Act, 2009 Public Law 111-32''.
    (d) Reporting Requirements.--Not later than 60 days after the 
enactment of this Act and annually thereafter until September 30, 2014, 
the Secretary of the Treasury, in consultation with other appropriate 
Federal agencies, shall submit to the Committees on Appropriations a 
report on the loans made and programs carried out using financing 
provided by or through the New Arrangements to Borrow: Provided, That 
each such report shall include the following:
        (1) A description of the economies of countries requiring the 
    assistance from the New Arrangements to Borrow, including the 
    monetary, fiscal, and exchange rate policies of the countries.
        (2) A description of the degree to which the countries 
    requiring the assistance have implemented domestic reforms 
    including--
            (A) the enactment and implementation of appropriate 
        financial reform legislation;
            (B) strengthening the domestic financial system and 
        improving transparency and supervision;
            (C) opening domestic capital markets; and
            (D) making nontransparent conglomerate practices more 
        transparent through the application of internationally accepted 
        accounting practices, independent external audits, full 
        disclosure, and provision of consolidated statements.
        (3) A detailed summary of the trade policies of the countries, 
    including any unfair trade practices or adverse effects of the 
    trade policies on the United States.
        (4) The amount, rate of interest, and disbursement and 
    repayment schedules of any funds disbursed by the International 
    Monetary Fund pursuant to the New Arrangements to Borrow.

                intellectual property rights protections

    Sec. 7091.  Not later than 60 days after enactment of this Act and 
every 120 days thereafter until September 30, 2010, the Secretary of 
State shall submit a report to the Committees on Appropriations 
detailing actions taken by the Secretary during negotiations on the 
United Nations Framework Convention on Climate Change, and subsequent 
international climate change negotiations, to promote compliance with 
and enforcement of existing international legal requirements concerning 
intellectual property rights and effective intellectual property rights 
protection and enforcement for energy and environmental technologies.

               prohibition on certain first-class travel

    Sec. 7092.  None of the funds made available in this Act may be 
used for first-class travel by employees of agencies funded by this Act 
in contravention of sections 301-10.122 through 301-10.124 of title 41, 
Code of Federal Regulations.

      limitation on use of funds in contravention of certain laws

    Sec. 7093.  None of the funds made available in this Act or prior 
Acts may be used in contravention of any provision of, or amendment 
made by, this Act or sections 1110, 1112, 1403, or 1404 of the 
Supplemental Appropriations Act, 2009 (Public Law 111-32), unless such 
authority is expressly provided in statute: Provided, That if a 
determination is made on constitutional grounds by the Executive Branch 
that any provision of law covered by the preceding sentence shall not 
apply, the head of the relevant Federal agency shall notify the 
Committees on Appropriations in writing within 5 days of such 
determination, the basis for such determination and any resulting 
changes to program and policy.
     This division may be cited as the ``Department of State, Foreign 
Operations, and Related Programs Appropriations Act, 2010''

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.
```