IB 

Union Calendar No. 119 

111TH CONGRESS 

1ST SESSION H. R. 3288 

[Report No. 111–218] 

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. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 22, 2009 

Mr. OLVER, from the Committee on Appropriations, reported the following 

bill; which was committed to the Committee of the Whole House on the 

State of the Union and ordered to be printed 

A BILL 

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. 


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

3 That the following sums are appropriated, out of any 

4 money in the Treasury not otherwise appropriated, for the 

5 Departments of Transportation, and Housing and Urban 

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

8 TITLE I 

9 DEPARTMENT OF TRANSPORTATION 

10 OFFICE OF THE SECRETARY

11 SALARIES AND EXPENSES

12 For necessary expenses of the Office of the Secretary, 

13 $102,556,000, of which not to exceed $2,631,000, shall 

14 be available for the immediate Office of the Secretary; not 

15 to exceed $986,000, shall be available for the immediate 

16 Office of the Deputy Secretary; not to exceed 

17 $20,359,000, shall be available for the Office of the Gen18 eral Counsel; not to exceed $11,100,000, shall be available 

19 for the Office of the Under Secretary of Transportation 

20 for Policy; not to exceed $10,559,000, shall be available 

21 for the Office of the Assistant Secretary for Budget and 

22 Programs; not to exceed $2,440,000, shall be available for 

23 the Office of the Assistant Secretary for Governmental Af24 fairs; not to exceed $25,520,000, shall be available for the 

25 Office of the Assistant Secretary for Administration; not 


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1 to exceed $2,055,000, shall be available for the Office of 

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

3 for the Office of the Executive Secretariat; not to exceed 

4 $1,433,000, shall be available for the Office of Small and 

5 Disadvantaged Business Utilization; not to exceed 

6 $10,600,000, shall be available for the Office of Intel7 ligence, Security, and Emergency Response; and not to ex8 ceed $13,215,000 shall be available for the Office of the 

9 Chief Information Officer: Provided, That the Secretary 

10 of Transportation is authorized to transfer funds appro11 priated for any office of the Office of the Secretary to any 

12 other office of the Office of the Secretary: Provided fur13 ther, That no appropriation for any office shall be in14 creased or decreased by more than 5 percent by all such 

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

16 funding greater than 5 percent shall be submitted for ap17 proval to the House and Senate Committees on Appropria18 tions: Provided further, That not to exceed $60,000, shall 

19 be for allocation within the Department for official recep20 tion and representation expenses as the Secretary may de21 termine: Provided further, That notwithstanding any other 

22 provision of law, excluding fees authorized in Public Law 

23 107–71, there may be credited to this appropriation up 

24 to $2,500,000, in funds received in user fees: Provided fur25 ther, That none of the funds provided in this Act shall 


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1 be available for the position of Assistant Secretary for 

2 Public Affairs. 

3 FINANCIAL MANAGEMENT CAPITAL

4 For necessary expenses for upgrading and enhancing 

5 the Department of Transportation’s financial systems, 

6 and reengineering business processes, $5,000,000, to re7 main available until expended. 

8 OFFICE OF CIVIL RIGHTS

9 For necessary expenses of the Office of Civil Rights, 

10 $9,667,000. 

11 TRANSPORTATION PLANNING, RESEARCH, AND

12 DEVELOPMENT

13 For necessary expenses for conducting transportation 

14 planning, research, systems development, development ac15 tivities, and making grants, to remain available until ex16 pended, $14,733,000. 

17 WORKING CAPITAL FUND

18 For necessary expenses for operating costs and cap19 ital outlays of the Working Capital Fund, not to exceed 

20 $147,569,000, shall be paid from appropriations made 

21 available to the Department of Transportation: Provided, 

22 That such services shall be provided on a competitive basis 

23 to entities within the Department of Transportation: Pro24 vided further, That the above limitation on operating ex25 penses shall not apply to non-DOT entities: Provided furVerDate Nov 24 2008 21:12 Jul 22, 2009 Jkt 079200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H3288.RH H3288

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1 ther, That no funds appropriated in this Act to an agency 

2 of the Department shall be transferred to the Working 

3 Capital Fund without the approval of the agency modal 

4 administrator: Provided further, That no assessments may 

5 be levied against any program, budget activity, subactivity 

6 or project funded by this Act unless notice of such assess7 ments and the basis therefor are presented to the House 

8 and Senate Committees on Appropriations and are ap9 proved by such Committees. 

10 MINORITY BUSINESS RESOURCE CENTER PROGRAM

11 For the cost of guaranteed loans for short-term work12 ing capital, $342,000, as authorized by 49 U.S.C. 332: 

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

14 such loans, shall be as defined in section 502 of the Con15 gressional Budget Act of 1974: Provided further, That 

16 these funds are available to subsidize total loan principal, 

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

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

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

20 MINORITY BUSINESS OUTREACH

21 For necessary expenses of Minority Business Re22 source Center outreach activities, $3,074,000, to remain 

23 available until September 30, 2011: Provided, That not24 withstanding 49 U.S.C. 332, these funds may be used for 


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1 business opportunities related to any mode of transpor2 tation. 

3 PAYMENTS TO AIR CARRIERS

4 (AIRPORT AND AIRWAY TRUST FUND)

5 (INCLUDING TRANSFER OF FUNDS)

6 In addition to funds made available from any other 

7 source to carry out the Essential Air Service Program pur8 suant to 49 U.S.C. 41731 through 41742, $125,000,000, 

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

10 to remain available until expended: Provided, That, in de11 termining between or among carriers competing to provide 

12 service to a community, the Secretary may consider the 

13 relative subsidy requirements of the carriers: Provided fur14 ther, That, if the funds under this heading are insufficient 

15 to meet the costs of the Essential Air Service Program 

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

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

18 Service Program from any available amounts appropriated 

19 to or directly administered by the Office of the Secretary 

20 for such fiscal year. 

21 ADMINISTRATIVE PROVISIONS—OFFICE OF THE

22 SECRETARY OF TRANSPORTATION

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

24 Act to the Department of Transportation may be obligated 

25 for the Office of the Secretary of Transportation to apVerDate Nov 24 2008 21:12 Jul 22, 2009 Jkt 079200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H3288.RH H3288

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1 prove assessments or reimbursable agreements pertaining 

2 to funds appropriated to the modal administrations in this 

3 Act, except for activities underway on the date of enact4 ment of this Act, unless such assessments or agreements 

5 have completed the normal reprogramming process for 

6 Congressional notification. 

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

8 this Act may be obligated or expended to establish or im9 plement a program under which essential air service com10 munities are required to assume subsidy costs commonly 

11 referred to as the EAS local participation program. 

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

13 engage in activities with States and State legislators to 

14 consider proposals related to the reduction of motorcycle 

15 fatalities. 

16 FEDERAL AVIATION ADMINISTRATION

17 OPERATIONS

18 (AIRPORT AND AIRWAY TRUST FUND)

19 For necessary expenses of the Federal Aviation Ad20 ministration, not otherwise provided for, including oper21 ations and research activities related to commercial space 

22 transportation, administrative expenses for research and 

23 development, establishment of air navigation facilities, the 

24 operation (including leasing) and maintenance of aircraft, 

25 subsidizing the cost of aeronautical charts and maps sold 


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1 to the public, lease or purchase of passenger motor vehi2 cles for replacement only, in addition to amounts made 

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

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

5 and Airway Trust Fund, of which not to exceed 

6 $7,300,739,000 shall be available for air traffic organiza7 tion activities; not to exceed $1,231,765,000 shall be avail8 able for aviation safety activities; not to exceed 

9 $14,737,000 shall be available for commercial space trans10 portation activities; not to exceed $113,681,000 shall be 

11 available for financial services activities; not to exceed 

12 $100,428,000 shall be available for human resources pro13 gram activities; not to exceed $341,977,000 shall be avail14 able for region and center operations and regional coordi15 nation activities; not to exceed $190,063,000 shall be 

16 available for staff offices; and not to exceed $49,778,000 

17 shall be available for information services: Provided, That 

18 not to exceed 2 percent of any budget activity, except for 

19 aviation safety budget activity, may be transferred to any 

20 budget activity under this heading: Provided further, That 

21 no transfer may increase or decrease any appropriation 

22 by more than 2 percent: Provided further, That any trans23 fer in excess of 2 percent shall be treated as a reprogram24 ming of funds under section 405 of this Act and shall not 

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1 ance with the procedures set forth in that section: Pro2 vided further, That the Secretary utilize not less than 

3 $17,084,000 of the funds provided for aviation safety ac4 tivities to pay for staff increases in the Office of Aviation 

5 Flight Standards and the Office of Aircraft Certification: 

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

7 fiscal year hereafter, the Administrator of the Federal 

8 Aviation Administration shall transmit to Congress an an9 nual update to the report submitted to Congress in De10 cember 2004 pursuant to section 221 of Public Law 108– 

11 176: Provided further, That funds may be used to enter 

12 into a grant agreement with a nonprofit standard-setting 

13 organization to assist in the development of aviation safety 

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

15 Act shall be available for new applicants for the second 

16 career training program: Provided further, That none of 

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

18 Aviation Administration to finalize or implement any regu19 lation that would promulgate new aviation user fees not 

20 specifically authorized by law after the date of the enact21 ment of this Act: Provided further, That there may be 

22 credited to this appropriation as offsetting collections 

23 funds received from States, counties, municipalities, for24 eign authorities, other public authorities, and private 

25 sources, including funds from fees authorized under ChapVerDate Nov 24 2008 21:12 Jul 22, 2009 Jkt 079200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H3288.RH H3288

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1 ter 453 of title 49, United States Code, other than those 

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

3 shall be available for expenses incurred in the provision 

4 of agency services, including receipts for the maintenance 

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

6 renewal or modification of certificates, including airman, 

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

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

9 Provided further, That of the funds appropriated under 

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

11 contract tower cost-sharing program: Provided further, 

12 That of the funds available under this heading not to ex13 ceed $500,000 shall be provided to the Department of 

14 Transportation’s Office of Inspector General through re15 imbursement to conduct the annual audits of financial 

16 statements in accordance with section 3521 of title 31, 

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

18 provided to that office through reimbursement to conduct 

19 the annual Enterprise Services Center Statement on Au20 diting Standards 70 audit: Provided further, That none of 

21 the funds in this Act for aeronautical charting and cartog22 raphy are available for activities conducted by, or coordi23 nated through, the Working Capital Fund. 


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1 FACILITIES AND EQUIPMENT

2 (AIRPORT AND AIRWAY TRUST FUND)

3 For necessary expenses, not otherwise provided for, 

4 for acquisition, establishment, technical support services, 

5 improvement by contract or purchase, and hire of National 

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

8 49, United States Code, including initial acquisition of 

9 necessary sites by lease or grant; engineering and service 

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

12 and furnishing of quarters and related accommodations 

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

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

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

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

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

24 States, counties, municipalities, other public authorities, 

25 and private sources, which shall be available for expenses 


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1 incurred in the establishment and modernization of air 

2 navigation facilities: Provided further, That upon initial 

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

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

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

9 the plan constrained to the funding targets for those years 

10 as estimated and approved by the Office of Management 

11 and Budget. 

12 RESEARCH, ENGINEERING, AND DEVELOPMENT

13 (AIRPORT AND AIRWAY TRUST FUND)

14 For necessary expenses, not otherwise provided for, 

15 for research, engineering, and development, as authorized 

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

17 Code, including construction of experimental facilities and 

18 acquisition of necessary sites by lease or grant, 

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

20 Trust Fund and to remain available until September 30, 

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

23 States, counties, municipalities, other public authorities, 

24 and private sources, which shall be available for expenses 

25 incurred for research, engineering, and development. 


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1 GRANTS-IN-AID FOR AIRPORTS

2 (LIQUIDATION OF CONTRACT AUTHORIZATION)

3 (LIMITATION ON OBLIGATIONS)

4 (AIRPORT AND AIRWAY TRUST FUND)

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

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

11 and commissioning of runway incursion prevention devices 

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

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

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

16 certificates under section 44706 of title 49, United States 

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

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

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

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

25 be available for the replacement of baggage conveyor sysVerDate Nov 24 2008 21:12 Jul 22, 2009 Jkt 079200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\H3288.RH H3288

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1 tems, reconfiguration of terminal baggage areas, or other 

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

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

7 be available for the airport cooperative research program, 

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

9 Research. 

10 ADMINISTRATIVE PROVISIONS—FEDERAL AVIATION

11 ADMINISTRATION

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

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

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

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

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

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

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

23 buildings for services relating to air traffic control, air 

24 navigation, or weather reporting: Provided, That the pro25 hibition of funds in this section does not apply to negotiaVerDate Nov 24 2008 21:12 Jul 22, 2009 Jkt 079200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6201 E:\BILLS\H3288.RH H3288

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1 tions between the agency and airport sponsors to achieve 

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

3 grant assurances that require airport sponsors to provide 

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

6 SEC. 112. The Administrator of the Federal Aviation 

7 Administration may reimburse amounts made available to 

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

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

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

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

13 the subsequent fiscal year. 

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

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

16 appropriation current at the time of collection, to be 

17 merged with and available for the same purposes of such 

18 appropriation. 

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

20 States Code, is amended— 

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

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


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

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

3 31, 2010,’’. 

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

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

6 prior permission rules at Teterboro airport in Teterboro, 

7 New Jersey. 

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

9 grants under the Airport Improvement Program shall be 

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

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

14 or other airport facilities for the purpose of carrying out 

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

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

19 any Federal Aviation Administration employee unless such 

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

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

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


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1 FEDERAL HIGHWAY ADMINISTRATION

2 LIMITATION ON ADMINISTRATIVE EXPENSES

3 (INCLUDING TRANSFER OF FUNDS)

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

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

7 appropriations made available by this Act to the Federal 

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

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

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

14 programs of the Federal Highway Administration, and not 

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

16 made available by this Act and provided to that office 

17 through reimbursement to conduct the annual audits of 

18 financial statements in accordance with section 3521 of 

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

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

23 23, United States Code. 


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1 FEDERAL-AID HIGHWAYS

2 (LIMITATION ON OBLIGATIONS)

3 (HIGHWAY TRUST FUND)

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

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

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

10 highways and highway safety construction programs, not 

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

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

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

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

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

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

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


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

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

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

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

7 (LIQUIDATION OF CONTRACT AUTHORIZATION)

8 (HIGHWAY TRUST FUND)

9 For carrying out the provisions of title 23, United 

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

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

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

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

16 expended. 

17 SURFACE TRANSPORTATION PRIORITIES

18 For the necessary expenses of certain highway and 

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

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

22 eligible programs, projects, and activities identified under 

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

25 this heading if the project is eligible for assistance under 


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

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

4 were apportioned under chapter 1 of title 23, United 

5 States Code, and the Federal share payable on account 

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

7 made available under this heading shall be determined in 

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

9 Code: Provided further, That notwithstanding any other 

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

12 made available under this heading to make grants for any 

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

15 ADMINISTRATIVE PROVISIONS—FEDERAL HIGHWAY

16 ADMINISTRATION

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

18 Transportation shall— 

19 (1) not distribute from the obligation limitation 

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

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

23 funded from the administrative takedown authorized 

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

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


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

4 Transportation Statistics; 

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

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

9 Mass Transit Account) for Federal-aid highways and 

10 highway safety programs for previous fiscal years 

11 the funds for which are allocated by the Secretary; 

12 (3) determine the ratio that— 

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

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

16 to 

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

18 appropriated for Federal-aid highways and 

19 highway safety construction programs (other 

20 than sums authorized to be appropriated for 

21 provisions of law described in paragraphs (1) 

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

24 23, United States Code, equal to the amount 

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


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1 year), less the aggregate of the amounts not 

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

3 this subsection; 

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

5 Federal-aid highways, less the aggregate amounts 

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

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

9 A Legacy for Users; sections 117 (but individually 

10 for each project numbered 1 through 3676 listed in 

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

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

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

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

17 is equal to the amount determined by multiplying 

18 the ratio determined under paragraph (3) by the 

19 sums authorized to be appropriated for that section 

20 for the fiscal year; and 

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

22 105 of title 23, United States Code; 

23 (5) distribute the obligation limitation provided 

24 for Federal-aid highways, less the aggregate 

25 amounts not distributed under paragraphs (1) and 


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

2 for each of the programs that are allocated by the 

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

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

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

7 by multiplying the ratio determined under paragraph 

8 (3) by the amounts authorized to be appropriated 

9 for each such program for such fiscal year; and 

10 (6) distribute the obligation limitation provided 

11 for Federal-aid highways, less the aggregate 

12 amounts not distributed under paragraphs (1) and 

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

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

16 apportioned for the equity bonus program, but only 

17 to the extent that the amounts apportioned for the 

18 equity bonus program for the fiscal year are greater 

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

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

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

24 ratio that— 


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1 (A) amounts authorized to be appropriated 

2 for such programs that are apportioned to each 

3 State for such fiscal year, bear to 

4 (B) the total of the amounts authorized to 

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

7 (b) EXCEPTIONS FROM OBLIGATION LIMITATION.— 

8 The obligation limitation for Federal-aid highways shall 

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

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

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

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

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

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

17 sections 1103 through 1108 of the Intermodal Surface 

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

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

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

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

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

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

25 Federal-aid highway programs for which obligation auVerDate Nov 24 2008 21:12 Jul 22, 2009 Jkt 079200 PO 00000 Frm 00024 Fmt 6652 Sfmt 6201 E:\BILLS\H3288.RH H3288

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

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

4 only to the extent that the obligation authority has not 

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

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

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

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

9 Flexible, Efficient Transportation Equity Act: A Legacy 

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

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

13 available for obligation. 

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

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

19 during that fiscal year and redistribute sufficient amounts 

20 to those States able to obligate amounts in addition to 

21 those previously distributed during that fiscal year, giving 

22 priority to those States having large unobligated balances 

23 of funds apportioned under sections 104 and 144 of title 

24 23, United States Code. 


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1 (d) APPLICABILITY OF OBLIGATION LIMITATIONS TO

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

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

7 A Legacy for Users, except that obligation authority made 

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

10 in addition to the amount of any limitation imposed on 

11 obligations for Federal-aid highway and highway safety 

12 construction programs for future fiscal years. 

13 (e) REDISTRIBUTION OF CERTAIN AUTHORIZED

14 FUNDS.— 

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

16 the date of the distribution of obligation limitation 

17 under subsection (a), the Secretary shall distribute 

18 to the States any funds that— 

19 (A) are authorized to be appropriated for 

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

22 (B) the Secretary determines will not be 

23 allocated to the States, and will not be available 

24 for obligation, in such fiscal year due to the imVerDate Nov 24 2008 21:12 Jul 22, 2009 Jkt 079200 PO 00000 Frm 00026 Fmt 6652 Sfmt 6201 E:\BILLS\H3288.RH H3288

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1 position of any obligation limitation for such 

2 fiscal year. 

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

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

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

6 (3) AVAILABILITY.—Funds distributed under 

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

9 Code. 

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

13 (a)(4) shall— 

14 (1) remain available until used for obligation of 

15 funds for that provision; and 

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

18 and highway safety construction programs for future 

19 fiscal years. 

20 (g) HIGH PRIORITY PROJECT FLEXIBILITY.— 

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

22 obligation authority distributed for such fiscal year 

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

24 through 3676 listed in the table contained in section 

25 1702 of the Safe, Accountable, Flexible, Efficient 


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1 Transportation Equity Act: A Legacy for Users may 

2 be obligated for any other project in such section in 

3 the same State. 

4 (2) RESTORATION.—Obligation authority used 

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

6 the original purpose on the date on which obligation 

7 authority is distributed under this section for the 

8 next fiscal year following obligation under paragraph 

9 (1). 

10 (h) LIMITATION ON STATUTORY CONSTRUCTION.— 

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

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

14 greater than 3676 listed in the table contained in section 

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

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

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

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

23 be subject to the obligation limitation for Federal-aid 

24 highways and highway safety construction. 


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

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

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

4 or otherwise authorize the imposition of any toll on any 

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

6 the State of Texas that— 

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

8 not tolled; 

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

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

13 (b) EXCEPTIONS.— 

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

15 shall not apply to any segment of highway on the 

16 Federal-aid system described in that subsection that, 

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

19 were in existence prior to that date. 

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

21 high-occupancy vehicle lane that is converted to a 

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

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


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

3 (A) high-occupancy vehicles occupied by 

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

6 without paying a toll, unless otherwise specified 

7 by the appropriate county, town, municipal or 

8 other local government entity, or public toll 

9 road or transit authority; or 

10 (B) each high-occupancy vehicle lane that 

11 was converted to a toll lane was constructed as 

12 a temporary lane to be replaced by a toll lane 

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

15 entity, or public toll road or transit authority. 

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

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

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

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

24 at St. Mary’s County, MD’’. 


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1 (b) In the explanatory statement referenced in section 

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

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

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

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

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

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

12 (c) In the explanatory statement referenced in section 

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

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

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

19 ‘‘East Bank River Front and Bikeway Improvements, 

20 IL’’. 

21 (d) In the explanatory statement referenced in section 

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

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

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

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


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1 resulting from rerouting of traffic and reconstruction of 

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

3 the heading ‘‘Transportation, Community, and System 

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

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

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

10 (e) In the explanatory statement referenced in section 

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

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

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

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

16 Point, Lake County, IN’’. 

17 (f) In the explanatory statement referenced in section 

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

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

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

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

24 ‘‘Hendricks County’’. 


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1 (g) In the explanatory statement referenced in section 

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

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

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

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

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

7 inserting ‘‘Stafford’’. 

8 (h) In the explanatory statement referenced in section 

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

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

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

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

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

16 MO’’. 

17 (i) In the explanatory statement referenced in section 

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

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

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

22 Maintenance Discretionary’’ is deemed to be amended by 

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


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1 (j) In the explanatory statement referenced in section 

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

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

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

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

6 Howard Counties’’. 

7 (k) In the explanatory statement referenced in section 

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

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

10 Environmental Assessment, Preliminary Engineering and 

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

12 striking ‘‘Corridor Project Environmental Assessment, 

13 Preliminary Engineering and Planning, Humboldt, IA’’ 

14 and inserting ‘‘Construction, Humboldt and Webster 

15 Counties, IA’’. 

16 (l) In the explanatory statement referenced in section 

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

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

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

20 inserting ‘‘Intersections’’. 


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1 FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION

2 MOTOR CARRIER SAFETY OPERATIONS AND PROGRAMS

3 (LIQUIDATION OF CONTRACT AUTHORIZATION)

4 (LIMITATION ON OBLIGATIONS)

5 (HIGHWAY TRUST FUND)

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

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

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

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

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

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

16 implementation, execution or administration of programs, 

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

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

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

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

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

25 under this heading for outreach and education shall be 


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1 available for transfer: Provided further, That the Federal 

2 Motor Carrier Safety Administration shall transmit to 

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

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

5 conduct compliance reviews on high-risk carriers. 

6 MOTOR CARRIER SAFETY GRANTS

7 (LIQUIDATION OF CONTRACT AUTHORIZATION)

8 (LIMITATION ON OBLIGATIONS)

9 (HIGHWAY TRUST FUND)

10 For payment of obligations incurred in carrying out 

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

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

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

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

16 Act shall be available for the implementation or execution 

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

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

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

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

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

23 license improvements program to carry out section 31313 

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

25 available for the border enforcement grants program to 


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

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

3 registration information system management program to 

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

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

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

9 improvement program to carry out section 4128 of Public 

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

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

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

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

16 entrant motor carriers. 

17 ADMINISTRATIVE PROVISIONS—FEDERAL MOTOR

18 CARRIER SAFETY ADMINISTRATION

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

20 shall be subject to the terms and conditions stipulated in 

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

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

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

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


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1 NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION

2 OPERATIONS AND RESEARCH

3 For expenses necessary to discharge the functions of 

4 the Secretary, with respect to traffic and highway safety 

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

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

7 States Code, $131,736,000, of which $32,045,000 shall 

8 remain available until September 30, 2011: Provided, 

9 That none of the funds appropriated by this Act may be 

10 obligated or expended to plan, finalize, or implement any 

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

12 Code of Federal Regulations any requirement pertaining 

13 to a grading standard that is different from the three 

14 grading standards (treadwear, traction, and temperature 

15 resistance) already in effect. 

16 OPERATIONS AND RESEARCH

17 (LIQUIDATION OF CONTRACT AUTHORIZATION)

18 (LIMITATION ON OBLIGATIONS)

19 (HIGHWAY TRUST FUND)

20 For payment of obligations incurred in carrying out 

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

23 Transit Account) and to remain available until expended: 

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


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

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

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

5 shall remain available until September 30, 2011 and shall 

6 be in addition to the amount of any limitation imposed 

7 on obligations for future years. 

8 NATIONAL DRIVER REGISTER

9 (LIQUIDATION OF CONTRACT AUTHORIZATION)

10 (LIMITATION ON OBLIGATIONS)

11 (HIGHWAY TRUST FUND)

12 For payment of obligations incurred in carrying out 

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

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

15 the Mass Transit Account) and to remain available until 

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

17 shall be available for the implementation or execution of 

18 programs the total obligations for which, in fiscal year 

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

20 Register authorized under such chapter. 

21 NATIONAL DRIVER REGISTER

22 For an additional amount for the ‘‘National Driver 

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

24 States Code, $3,350,000, to remain available through Sep25 tember 30, 2011: Provided, That the funding made availVerDate Nov 24 2008 21:12 Jul 22, 2009 Jkt 079200 PO 00000 Frm 00039 Fmt 6652 Sfmt 6201 E:\BILLS\H3288.RH H3288

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

3 HIGHWAY TRAFFIC SAFETY GRANTS

4 (LIQUIDATION OF CONTRACT AUTHORIZATION)

5 (LIMITATION ON OBLIGATIONS)

6 (HIGHWAY TRUST FUND)

7 For payment of obligations incurred in carrying out 

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

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

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

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

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

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

14 planning or execution of programs the total obligations for 

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

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

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

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

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

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

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

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

23 and such obligation limitation shall remain available until 

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

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


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1 of any limitation imposed on obligations for such grants 

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

3 Traffic Safety Information System Improvements’’ under 

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

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

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

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

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

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

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

17 State, local or private buildings or structures: Provided 

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

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

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

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

25 109–59. 


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1 ADMINISTRATIVE PROVISIONS—NATIONAL HIGHWAY

2 TRAFFIC SAFETY ADMINISTRATION

3 SEC. 140. Notwithstanding any other provision of law 

4 or limitation on the use of funds made available under 

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

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

7 Traffic Safety Administration, out of the amount limited 

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

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

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

15 which obligation authority was made available in previous 

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

17 the obligation authority has not lapsed or been used. 

18 FEDERAL RAILROAD ADMINISTRATION

19 SAFETY AND OPERATIONS

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

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

23 30, 2011. 


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1 RAILROAD RESEARCH AND DEVELOPMENT

2 For necessary expenses for railroad research and de3 velopment, $34,145,000, to remain available until ex4 pended. 

5 RAILROAD REHABILITATION AND IMPROVEMENT

6 FINANCING PROGRAM

7 The Secretary of Transportation is authorized to 

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

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

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

15 long as any such guaranteed obligation is outstanding: 

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

17 new direct loans or loan guarantee commitments shall be 

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

20 RAIL LINE RELOCATION AND IMPROVEMENT PROGRAM

21 For necessary expenses of carrying out section 20154 

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

23 available until expended. 


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1 CAPITAL ASSISTANCE FOR HIGH SPEED RAIL CORRIDORS

2 AND INTERCITY PASSENGER RAIL SERVICE

3 To enable the Secretary of Transportation to make 

4 passenger rail grants for capital projects as authorized 

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

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

7 into cooperative agreements for these purposes, 

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

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

10 under this paragraph are available to the Administrator 

11 of the Federal Railroad Administration to fund the award 

12 and oversight of financial assistance made under this 

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

14 the funds provided under this paragraph are available to 

15 the Administrator for the purposes of conducting research 

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

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

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

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

22 United States Code: Provided further, That up to 

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

24 may be used for planning activities that lead directly to 

25 the development of a passenger rail corridor investment 


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1 plan consistent with the requirements established by the 

2 Administrator or a state rail plan consistent with chapter 

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

4 the Secretary shall issue regulations covering application 

5 procedures and grant criteria for the passenger rail grants 

6 provided under this paragraph: Provided further, That the 

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

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

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

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

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

16 plan developed under chapter 227 of title 49, United 

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

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

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

22 legislation authorizing a national infrastructure bank is 

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

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


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

3 out the national infrastructure bank: Provided further, 

4 That if legislation enacting a national infrastructure bank 

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

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

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

10 conduct all procurement transactions using such grant 

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

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

14 OPERATING GRANTS TO THE NATIONAL RAILROAD

15 PASSENGER CORPORATION

16 To enable the Secretary of Transportation to make 

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

19 authorized by section 101(a) of the Passenger Rail Invest20 ment and Improvement Act of 2008 (Division B of Pub. 

21 L. 110-432), $553,348,000, to remain available until Sep22 tember 30, 2010: Provided, That the amounts available 

23 under this heading shall be available for the Secretary to 

24 approve funding to cover operating losses for the Corpora25 tion only after receiving and reviewing a grant request for 


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

2 grant request shall be accompanied by a detailed financial 

3 analysis, revenue projection, and capital expenditure pro4 jection justifying the Federal support to the Secretary’s 

5 satisfaction: Provided further, That the Secretary may re6 tain up to one-half of one percent of the funds provided 

7 under this heading to implement the Operating Grants to 

8 the National Railroad Passenger Corporation in fiscal year 

9 2010: Provided further, That the Corporation is directed 

10 to achieve savings through operating efficiencies including, 

11 but not limited to, modifications to food and beverage 

12 service and first class service: Provided further, That the 

13 Inspector General of the Department of Transportation 

14 shall report to the House and Senate Committees on Ap15 propriations beginning 3 months after the date of the en16 actment of this Act and quarterly thereafter with esti17 mates of the savings accrued as a result of all operational 

18 reforms instituted by the Corporation: Provided further, 

19 That the Inspector General of the Department of Trans20 portation shall provide a report recommending to the 

21 House and Senate Committees on Appropriations 180 

22 days after the date of the enactment of this Act on pos23 sible operational reforms that could be instituted by the 

24 Corporation: Provided further, That not later than 120 

25 days after enactment of this Act, the Corporation shall 


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1 transmit to the House and Senate Committees on Appro2 priations its Fiscal Year 2011 plan to improve the finan3 cial performance of food and beverage service and its plan 

4 to improve the financial performance of first class service 

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

6 Corporation shall report quarterly to the House and Sen7 ate Committees on Appropriations on its progress against 

8 the milestones and target dates contained in its financial 

9 performance improvement plan provided in fiscal year 

10 2009 and quantify savings realized to date on a monthly 

11 basis compared to those projected in the plan, identify any 

12 changes in the plan or delays in implementing these plans, 

13 and identify the causes of delay and proposed corrective 

14 measures: Provided further, That the National Railroad 

15 Passenger Corporation shall submit, in electronic format, 

16 to the House and Senate Committees on Appropriations, 

17 a budget, business plan and a 5-Year Financial Plan be18 ginning with fiscal year 2010, consistent with the provi19 sions of section 204 of the Passenger Rail Investment and 

20 Improvement Act of 2008 (Division B of Pub. L. 110- 

21 432): Provided further, That the budget, business plan and 

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

23 accounting of targets for the Northeast Corridor; com24 muter service; long distance Amtrak service; state-sup25 ported service; each intercity train route, including AutoVerDate Nov 24 2008 21:12 Jul 22, 2009 Jkt 079200 PO 00000 Frm 00048 Fmt 6652 Sfmt 6201 E:\BILLS\H3288.RH H3288

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

4 stock which shall address the Corporation’s detailed plans 

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

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

8 goals and milestones and discuss potential, current, and 

9 preferred financing options for all such activities: Provided 

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

11 Financial Plan shall include a description of work to be 

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

14 Provided further, That the Corporation shall provide 

15 monthly reports in electronic format regarding the budget, 

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

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

19 all sole source contract awards which shall be accompanied 

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

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

23 all subsequent supplemental plans shall be displayed on 

24 the Corporation’s website within a reasonable timeframe 

25 following their submission to the appropriate entities: ProVerDate Nov 24 2008 21:12 Jul 22, 2009 Jkt 079200 PO 00000 Frm 00049 Fmt 6652 Sfmt 6201 E:\BILLS\H3288.RH H3288

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

2 may be obligated or expended until the Corporation agrees 

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

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

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

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

7 NATIONAL RAILROAD PASSENGER CORPORATION OFFICE

8 OF THE INSPECTOR GENERAL

9 To enable the Secretary of Transportation to make 

10 a grant to the National Railroad Passenger Corporation 

11 Office of the Inspector General for auditing the operations 

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

14 Passenger Rail Investment and Improvement Act of 2008 

15 (Division B of Pub. L. 110-432), $19,000,000. 

16 CAPITAL AND DEBT SERVICE GRANTS TO THE NATIONAL

17 RAILROAD PASSENGER CORPORATION

18 To enable the Secretary of Transportation to make 

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

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

22 Rail Investment and Improvement Act of 2008 (Division 

23 B of Pub. L. 110-432), $929,625,000, to remain available 

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

25 $264,000,000 shall be for debt service obligations as auVerDate Nov 24 2008 21:12 Jul 22, 2009 Jkt 079200 PO 00000 Frm 00050 Fmt 6652 Sfmt 6201 E:\BILLS\H3288.RH H3288

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

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

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

7 including the amendments made by section 212 to section 

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

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

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

17 this heading may be used for capital projects not approved 

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

19 fiscal year 2010 business plan. 

20 ADMINISTRATIVE PROVISIONS—FEDERAL RAILROAD

21 ADMINISTRATION

22 SEC. 151. The Secretary may purchase promotional 

23 items of nominal value for use in public outreach activities 

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


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

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

5 Railroad Passenger Corporation shall immediately cease 

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

7 Corporation contracts to have services provided at or from 

8 any location outside the United States. For purposes of 

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

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

11 or part-time Amtrak employee whose base of employment 

12 is located within the United States. 

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

15 and similar items, from non-United States Government 

16 sources to repair damages to or replace United States 

17 Government owned automated track inspection cars and 

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

20 be credited directly to the Safety and Operations account 

21 of the Federal Railroad Administration, and shall remain 

22 available until expended for the repair, operation and 

23 maintenance of automated track inspection cars and 

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


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1 SEC. 154. The Administrator of the Federal Railroad 

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

3 quarterly reports thereafter, to the House and Senate 

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

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

9 performance goals that the Administrator shall set for 

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

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

14 SEC. 155. In the Explanatory Statement referenced 

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

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

21 SEC. 156. In the Explanatory Statement referenced 

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

23 Rail Line Relocation and Improvement Program the item 

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


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

3 FEDERAL TRANSIT ADMINISTRATION

4 ADMINISTRATIVE EXPENSES

5 For necessary administrative expenses of the Federal 

6 Transit Administration’s programs authorized by chapter 

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

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

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

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

13 amounts made available under this heading not to exceed 

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

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

17 to conduct the annual audits of financial statements in 

18 accordance with section 3521 of title 31, United States 

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

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


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1 FORMULA AND BUS GRANTS

2 (LIQUIDATION OF CONTRACT AUTHORITY)

3 (LIMITATION ON OBLIGATIONS)

4 (HIGHWAY TRUST FUND)

5 For payment of obligations incurred in carrying out 

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

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

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

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

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

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

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

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

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

17 RESEARCH AND UNIVERSITY RESEARCH CENTERS

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

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

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

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

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

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

25 $7,000,000 is available for university transportation cenVerDate Nov 24 2008 21:12 Jul 22, 2009 Jkt 079200 PO 00000 Frm 00055 Fmt 6652 Sfmt 6201 E:\BILLS\H3288.RH H3288

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

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

3 carry out national research programs under sections 5312, 

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

5 CAPITAL INVESTMENT GRANTS

6 (INCLUDING TRANSFER OF FUNDS)

7 For necessary expenses to carry out section 5309 of 

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

9 available until expended, of which not to exceed 

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

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

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

17 systems. 

18 WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY

19 For necessary expenses to carry out section 601 of 

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

22 ADMINISTRATIVE PROVISIONS—FEDERAL TRANSIT

23 ADMINISTRATION

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


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

2 made available for obligation, or to any other authority 

3 previously made available for obligation. 

4 SEC. 161. Notwithstanding any other provision of 

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

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

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

12 for the purposes for which they were originally provided. 

13 SEC. 162. Notwithstanding any other provision of 

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

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

16 that remain available for expenditure, may be transferred 

17 to and administered under the most recent appropriation 

18 heading for any such section. 

19 SEC. 163. Notwithstanding any other provision of 

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

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

24 fiscal year to satisfy expenses incurred for such projects. 


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

2 Transit Administration grant for a project that involves 

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

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

6 or retrofitted hybrid electric propulsion system and any 

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

8 Secretary shall have the discretion to determine, through 

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

11 SEC. 165. Notwithstanding any other provision of 

12 law, unobligated funds or recoveries under section 5309 

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

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

16 for which they were originally provided. 

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

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

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

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

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

24 (b) The explanatory statement referenced in section 

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

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

3 striking ‘‘Hudson–Bergen Light Rail Extension Route 

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

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

6 (c) Funds made available for the Phoenix Heavy 

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

8 the Phoenix Regional Heavy Bus Maintenance Facility in 

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

11 remain unobligated or unexpended shall be made available 

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

13 Arizona. 

14 SAINT LAWRENCE SEAWAY DEVELOPMENT

15 CORPORATION

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

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

20 such contracts and commitments without regard to fiscal 

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

23 necessary in carrying out the programs set forth in the 

24 Corporation’s budget for the current fiscal year. 


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1 OPERATIONS AND MAINTENANCE

2 (HARBOR MAINTENANCE TRUST FUND)

3 For necessary expenses for operations, maintenance, 

4 and capital asset renewal of those portions of the Saint 

5 Lawrence Seaway owned, operated, and maintained by the 

6 Saint Lawrence Seaway Development Corporation, 

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

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

9 MARITIME ADMINISTRATION

10 MARITIME SECURITY PROGRAM

11 For necessary expenses to maintain and preserve a 

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

15 OPERATIONS AND TRAINING

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

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

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

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

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

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

25 State maritime academies. 


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1 SHIP DISPOSAL

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

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

6 MARITIME GUARANTEED LOAN (TITLE XI) PROGRAM

7 ACCOUNT

8 (INCLUDING TRANSFER OF FUNDS)

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

11 be transferred to and merged with the appropriation for 

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

13 ADMINISTRATIVE PROVISIONS—MARITIME

14 ADMINISTRATION

15 SEC. 175. Notwithstanding any other provision of 

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

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

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

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

25 miscellaneous receipts. 


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

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

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

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

7 of actual expenses may be refunded to the Midshipmen 

8 through a mechanism approved by the Secretary. The 

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

11 PIPELINE AND HAZARDOUS MATERIALS SAFETY

12 ADMINISTRATION

13 OPERATIONAL EXPENSES

14 (PIPELINE SAFETY FUND)

15 For necessary operational expenses of the Pipeline 

16 and Hazardous Materials Safety Administration, 

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

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

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

20 Safety Information Grants to Communities’’ as authorized 

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

22 HAZARDOUS MATERIALS SAFETY

23 For expenses necessary to discharge the hazardous 

24 materials safety functions of the Pipeline and Hazardous 

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


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

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

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

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

6 be available until expended, funds received from states, 

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

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

11 and approvals functions. 

12 PIPELINE SAFETY

13 (PIPELINE SAFETY FUND)

14 (OIL SPILL LIABILITY TRUST FUND)

15 For expenses necessary to conduct the functions of 

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

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

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

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

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

25 2012. 


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1 EMERGENCY PREPAREDNESS GRANTS

2 (EMERGENCY PREPAREDNESS FUND)

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

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

5 Preparedness Fund, to remain available until September 

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

7 be made available for obligation in fiscal year 2010 from 

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

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

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

11 shall be made available for obligation by individuals other 

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

14 RESEARCH AND INNOVATIVE TECHNOLOGY

15 ADMINISTRATION

16 RESEARCH AND DEVELOPMENT

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

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

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

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


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1 OFFICE OF INSPECTOR GENERAL

2 SALARIES AND EXPENSES

3 For necessary expenses of the Office of Inspector 

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

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

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

11 that is subject to regulation by the Department: Provided 

12 further, That the funds made available under this heading 

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

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

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

18 item (1) of this proviso. 

19 SURFACE TRANSPORTATION BOARD

20 SALARIES AND EXPENSES

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

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

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

25 established by the Chairman of the Surface TransporVerDate Nov 24 2008 21:12 Jul 22, 2009 Jkt 079200 PO 00000 Frm 00065 Fmt 6652 Sfmt 6201 E:\BILLS\H3288.RH H3288

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

3 expenses under this heading: Provided further, That the 

4 sum herein appropriated from the general fund shall be 

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

7 a final appropriation from the general fund estimated at 

8 no more than $28,550,000. 

9 GENERAL PROVISIONS—DEPARTMENT OF

10 TRANSPORTATION

11 SEC. 180. During the current fiscal year applicable 

12 appropriations to the Department of Transportation shall 

13 be available for maintenance and operation of aircraft; 

14 hire of passenger motor vehicles and aircraft; purchase of 

15 liability insurance for motor vehicles operating in foreign 

16 countries on official department business; and uniforms or 

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

18 5902). 

19 SEC. 181. Appropriations contained in this Act for 

20 the Department of Transportation shall be available for 

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

22 individuals not to exceed the per diem rate equivalent to 

23 the rate for an Executive Level IV. 

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


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

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

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

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

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

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

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

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

13 2721. 

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

15 shall not withhold funds provided in this Act for any 

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

17 SEC. 185. Funds received by the Federal Highway 

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

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


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

2 safety inspectors participating in training pursuant to 49 

3 U.S.C. 20105. 

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

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

7 and the Federal Transit Administration shall be for the 

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

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

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

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

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

17 facilities’’. 

18 SEC. 187. Notwithstanding any other provisions of 

19 law, rule or regulation, the Secretary of Transportation 

20 is authorized to allow the issuer of any preferred stock 

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

23 an amount determined by the Secretary. 

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


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1 unless the Secretary of Transportation notifies the House 

2 and Senate Committees on Appropriations not less than 

3 3 full business days before any discretionary grant award, 

4 letter of intent, or full funding grant agreement totaling 

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

6 modal administrations from: (1) any discretionary grant 

7 program of the Federal Highway Administration including 

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

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

10 grant or cooperative agreement from the Federal Railroad 

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

12 Administration other than the formula grants and fixed 

13 guideway modernization programs: Provided, That the 

14 Secretary gives concurrent notification to the House and 

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

18 are not available for obligation. 

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

20 minor fees and other funds received by the Department 

21 of Transportation from travel management centers, 

22 charge card programs, the subleasing of building space, 

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

25 to elements of the Department of Transportation using 


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

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

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

6 a third party contractor under a financial assistance 

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

9 (1) to reimburse the actual expenses incurred 

10 by the Department of Transportation in recovering 

11 improper payments; and 

12 (2) to pay contractors for services provided in 

13 recovering improper payments or contractor support 

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

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

17 (A) shall be credited to and merged with 

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

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

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

25 to the transfer of any such recovery to an apVerDate Nov 24 2008 21:12 Jul 22, 2009 Jkt 079200 PO 00000 Frm 00070 Fmt 6652 Sfmt 6201 E:\BILLS\H3288.RH H3288

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1 propriations account, the Secretary shall notify 

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

4 transfer: Provided further, That for purposes of 

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

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

8 SEC. 191. Notwithstanding any other provision of 

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

10 subject to a reprogramming action that requires notice to 

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

13 or denied solely by the Committees on Appropriations: 

14 Provided, That the Secretary may provide notice to other 

15 congressional committees of the action of the Committees 

16 on Appropriations on such reprogramming but not sooner 

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

19 and Senate Committees on Appropriations. 

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

22 Surface Transportation Board of the Department of 

23 Transportation to charge or collect any filing fee for rate 

24 complaints filed with the Board in an amount in excess 


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1 of the amount authorized for district court civil suit filing 

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

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

4 United States Code, in addition to authority provided by 

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

8 to carry out the Federal transit pass transportation fringe 

9 benefit program under Executive Order 13150 and section 

10 3049 of Public Law 109–59: Provided, that the Depart11 ment shall include adequate safeguards in the contract 

12 with the vendors to ensure timely and high quality per13 formance under the contract. 

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

16 TITLE II 

17 DEPARTMENT OF HOUSING AND URBAN 

18 DEVELOPMENT 

19 MANAGEMENT AND ADMINISTRATION

20 EXECUTIVE DIRECTION

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

23 shall be available for the immediate Office of the Secretary 

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

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


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

2 and Disadvantaged Business Utilization; not to exceed 

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

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

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

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

9 shall be available for the Office of the Assistant Secretary 

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

13 Office of the Assistant Secretary for Public and Indian 

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

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

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

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

20 Secretary for Policy Development and Research; and not 

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

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

24 of Housing and Urban Development is authorized to 

25 transfer funds appropriated for any office funded under 


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1 this heading to any other office funded under this heading 

2 following written notification to the House and Senate 

3 Committees on Appropriations: Provided further, That no 

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

7 than 5 percent shall be submitted for prior approval to 

8 the House and Senate Committees on Appropriations: 

9 Provided further, That the Secretary shall provide the 

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

12 Provided further, That the Secretary shall provide all 

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

15 made available under this paragraph for the immediate 

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

19 ADMINISTRATION, OPERATIONS AND MANAGEMENT

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

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

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


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1 the personnel compensation and benefits of the Office of 

2 Departmental Operations and Coordination; not to exceed 

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

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

6 for the personnel compensation and benefits of the Office 

7 of the Chief Procurement Officer; not to exceed 

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

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

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

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

14 the personnel compensation and benefits of the Office of 

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

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

19 available for the personnel compensation and benefits for 

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

21 be available for the personnnel compensation and benefits 

22 for the Office of Strategic Planning and Management; and 

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

25 Development: Provided, That, funds provided under this 


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1 heading may be used for necessary administrative and 

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

4 including purchase of uniforms, or allowances therefor, as 

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

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

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

9 be used for advertising and promotional activities that 

10 support the housing mission area: Provided further, That 

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

14 any other office included in Administration, Operations 

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

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

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

20 such transfers. 

21 PERSONNEL COMPENSATION AND BENEFITS

22 PUBLIC AND INDIAN HOUSING

23 For necessary personnel compensation and benefits 

24 expenses of the Office of Public and Indian Housing, 

25 $197,074,000. 


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1 COMMUNITY PLANNING AND DEVELOPMENT

2 For necessary personnel compensation and benefits 

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

5 HOUSING

6 For necessary personnel compensation and benefits 

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

8 OFFICE OF THE GOVERNMENT NATIONAL MORTGAGE

9 ASSOCIATION

10 For necessary personnel compensation and benefits 

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

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

15 POLICY DEVELOPMENT AND RESEARCH

16 For necessary personnel compensation and benefits 

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

19 FAIR HOUSING AND EQUAL OPPORTUNITY

20 For necessary personnel compensation and benefits 

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


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1 OFFICE OF HEALTHY HOMES AND LEAD HAZARD

2 CONTROL

3 For necessary personnel compensation and benefits 

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

6 PUBLIC AND INDIAN HOUSING

7 TENANT-BASED RENTAL ASSISTANCE

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

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

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

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

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

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

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

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

18 amounts made available under this heading are provided 

19 as follows: 

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

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

25 and including renewal of other special purpose 


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1 vouchers initially funded in fiscal year 2008 and 

2 2009 (such as Family Unification, Veterans Affairs 

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

5 any other provision of law, from amounts provided 

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

8 provide renewal funding for each public housing 

9 agency based on voucher management system (VMS) 

10 leasing and cost data for the most recent Federal 

11 fiscal year and by applying the most recent Annual 

12 Adjustment Factor as established by the Secretary, 

13 and by making any necessary adjustments for the 

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

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

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

23 the amount specified under this paragraph (except 

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

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1 lished pursuant to this paragraph: Provided further, 

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

3 entire amount specified under this paragraph (except 

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

7 the Secretary shall notify public housing agencies of 

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

11 with the written approval of the House and Senate 

12 Committees on Appropriations: Provided further, 

13 That public housing agencies participating in the 

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

16 be subject to the same pro rata adjustments under 

17 the previous provisos: Provided further, That up to 

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

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

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

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1 ing agencies with voucher leasing rates at the end of 

2 the calendar year that exceed the average leasing for 

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

4 (3) for adjustments for the costs associated with 

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

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

7 available to meet a commitment pursuant to section 

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

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

10 assistance for relocation and replacement of housing 

11 units that are demolished or disposed of pursuant to 

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

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

18 assisted housing pursuant to a request from a law 

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

22 vouchers, mandatory and voluntary conversions, and 

23 tenant protection assistance including replacement 

24 and relocation assistance or for project based assist25 ance to prevent the displacement of unassisted elderVerDate Nov 24 2008 21:12 Jul 22, 2009 Jkt 079200 PO 00000 Frm 00081 Fmt 6652 Sfmt 6201 E:\BILLS\H3288.RH H3288

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

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

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

9 of funds. 

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

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

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

19 Veterans Affairs Supportive Housing vouchers, and 

20 other incremental vouchers: Provided, That no less 

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

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

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


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

4 under this paragraph are insufficient to pay the 

5 amounts determined under the previous proviso, the 

6 Secretary may decrease the amounts allocated to 

7 agencies by a uniform percentage applicable to all 

8 agencies receiving funding under this paragraph or 

9 may, to the extent necessary to provide full payment 

10 of amounts determined under the previous proviso, 

11 utilize unobligated balances, including recaptures 

12 and carryovers, remaining from funds appropriated 

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

15 prior fiscal years, notwithstanding the purposes for 

16 which such amounts were appropriated: Provided 

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

20 under section 8, including related development ac21 tivities. 

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

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


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

2 Provided, That the Secretary of Housing and Urban 

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

5 this title, to public housing agencies that partner 

6 with eligible VA Medical Centers or other entities as 

7 designated by the Secretary of the Department of 

8 Veterans Affairs, based on geographical need for 

9 such assistance as identified by the Secretary of the 

10 Department of Veterans Affairs, public housing 

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

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

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

18 Secretary of the Department of Veterans Affairs), 

19 any provision of any statute or regulation that the 

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

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

24 labor standards, and the environment), upon a find25 ing by the Secretary that any such waivers or alterVerDate Nov 24 2008 21:12 Jul 22, 2009 Jkt 079200 PO 00000 Frm 00084 Fmt 6652 Sfmt 6201 E:\BILLS\H3288.RH H3288

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1 native requirements are necessary for the effective 

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

5 available for homeless veterans upon turn-over. 

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

8 HOUSING CERTIFICATE FUND

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

12 heading, the heading ‘‘Annual Contributions for Assisted 

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

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

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

18 were appropriated: Provided, That any obligated balances 

19 of contract authority from fiscal year 1974 and prior that 

20 have been terminated shall be cancelled. 

21 PUBLIC HOUSING CAPITAL FUND

22 For the Public Housing Capital Fund Program to 

23 carry out capital and management activities for public 

24 housing agencies, as authorized under section 9 of the 

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


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

2 September 30, 2013: Provided, That notwithstanding any 

3 other provision of law or regulation, during fiscal year 

4 2010 the Secretary of Housing and Urban Development 

5 may not delegate to any Department official other than 

6 the Deputy Secretary and the Assistant Secretary for 

7 Public and Indian Housing any authority under paragraph 

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

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

12 binding agreement that will result in outlays, immediately 

13 or in the future: Provided further, That up to $15,345,000 

14 shall be to support the ongoing Public Housing Financial 

15 and Physical Assessment activities of the Real Estate As16 sessment Center (REAC): Provided further, That of the 

17 total amount provided under this heading, not to exceed 

18 $20,000,000 shall be available for the Secretary to make 

19 grants, notwithstanding section 204 of this Act, to public 

20 housing agencies for emergency capital needs including 

21 safety and security measures necessary to address crime 

22 and drug-related activity as well as needs resulting from 

23 unforeseen or unpreventable emergencies and natural dis24 asters, excluding Presidentially declared emergencies and 

25 natural disasters under the Robert T. Stafford Disaster 


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1 Relief and Emergency Act (42 U.S.C. 5121 et seq.), oc2 curring in fiscal year 2010: Provided further, That of the 

3 total amount provided under this heading, $50,000,000 

4 shall be for supportive services, service coordinators and 

5 congregate services as authorized by section 34 of the Act 

6 (42 U.S.C. 1437z–6) and the Native American Housing 

7 Assistance and Self-Determination Act of 1996 (25 U.S.C. 

8 4101 et seq.): Provided further, That of the total amount 

9 provided under this heading, up to $8,820,000 is to sup10 port the costs of administrative and judicial receiverships: 

11 Provided further, That from the funds made available 

12 under this heading, the Secretary shall provide bonus 

13 awards in fiscal year 2010 to public housing agencies that 

14 are designated high performers. 

15 PUBLIC HOUSING OPERATING FUND

16 For 2010 payments to public housing agencies for the 

17 operation and management of public housing, as author18 ized by section 9(e) of the United States Housing Act of 

19 1937 (42 U.S.C. 1437g(e)), $4,800,000,000. 

20 REVITALIZATION OF SEVERELY DISTRESSED PUBLIC

21 HOUSING (HOPE VI)

22 For grants to public housing agencies for demolition, 

23 site revitalization, replacement housing, and tenant-based 

24 assistance grants to projects as authorized by section 24 

25 of the United States Housing Act of 1937 (42 U.S.C. 


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1 1437v), $250,000,000, to remain available until Sep2 tember 30, 2011, of which the Secretary of Housing and 

3 Urban Development shall use $10,000,000 for technical 

4 assistance and contract expertise, to be provided directly 

5 or indirectly by grants, contracts or cooperative agree6 ments, including training and cost of necessary travel for 

7 participants in such training, by or to officials and employ8 ees of the department and of public housing agencies and 

9 to residents: Provided, That none of such funds shall be 

10 used directly or indirectly by granting competitive advan11 tage in awards to settle litigation or pay judgments, unless 

12 expressly permitted herein. 

13 NATIVE AMERICAN HOUSING BLOCK GRANTS

14 For the Native American Housing Block Grants pro15 gram, as authorized under title I of the Native American 

16 Housing Assistance and Self-Determination Act of 1996 

17 (NAHASDA) (25 U.S.C. 4111 et seq.), $750,000,000, to 

18 remain available until expended: Provided, That, notwith19 standing the Native American Housing Assistance and 

20 Self-Determination Act of 1996, to determine the amount 

21 of the allocation under title I of such Act for each Indian 

22 tribe, the Secretary shall apply the formula under section 

23 302 of such Act with the need component based on single24 race Census data and with the need component based on 

25 multi-race Census data, and the amount of the allocation 


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1 for each Indian tribe shall be the greater of the two result2 ing allocation amounts: Provided further, That of the 

3 amounts made available under this heading, $3,500,000 

4 shall be contracted for assistance for a national organiza5 tion representing Native American housing interests for 

6 providing training and technical assistance to Indian hous7 ing authorities and tribally designated housing entities as 

8 authorized under NAHASDA; and $4,250,000 shall be to 

9 support the inspection of Indian housing units, contract 

10 expertise, training, and technical assistance in the train11 ing, oversight, and management of such Indian housing 

12 and tenant-based assistance, including up to $300,000 for 

13 related travel: Provided further, That of the amount pro14 vided under this heading, $2,000,000 shall be made avail15 able for the cost of guaranteed notes and other obligations, 

16 as authorized by title VI of NAHASDA: Provided further, 

17 That such costs, including the costs of modifying such 

18 notes and other obligations, shall be as defined in section 

19 502 of the Congressional Budget Act of 1974, as amend20 ed: Provided further, That these funds are available to sub21 sidize the total principal amount of any notes and other 

22 obligations, any part of which is to be guaranteed, not to 

23 exceed $18,000,000. 


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1 NATIVE HAWAIIAN HOUSING BLOCK GRANT

2 For the Native Hawaiian Housing Block Grant pro3 gram, as authorized under title VIII of the Native Amer4 ican Housing Assistance and Self-Determination Act of 

5 1996 (25 U.S.C. 4111 et seq.), $12,000,000, to remain 

6 available until expended: Provided, That of this amount, 

7 $300,000 shall be for training and technical assistance ac8 tivities, including up to $100,000 for related travel by Ha9 waii-based HUD employees. 

10 INDIAN HOUSING LOAN GUARANTEE FUND PROGRAM

11 ACCOUNT

12 For the cost of guaranteed loans, as authorized by 

13 section 184 of the Housing and Community Development 

14 Act of 1992 (12 U.S.C. 1715z—13a), $7,000,000, to re15 main available until expended: Provided, That such costs, 

16 including the costs of modifying such loans, shall be as 

17 defined in section 502 of the Congressional Budget Act 

18 of 1974: Provided further, That these funds are available 

19 to subsidize total loan principal, any part of which is to 

20 be guaranteed, up to $919,000,000: Provided further, 

21 That up to $750,000 shall be for administrative contract 

22 expenses including management processes and systems to 

23 carry out the loan guarantee program. 


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1 NATIVE HAWAIIAN HOUSING LOAN GUARANTEE FUND

2 PROGRAM ACCOUNT

3 For the cost of guaranteed loans, as authorized by 

4 section 184A of the Housing and Community Develop5 ment Act of 1992 (12 U.S.C. 1715z—13b), $1,044,000, 

6 to remain available until expended: Provided, That such 

7 costs, including the costs of modifying such loans, shall 

8 be as defined in section 502 of the Congressional Budget 

9 Act of 1974: Provided further, That these funds are avail10 able to subsidize total loan principal, any part of which 

11 is to be guaranteed, not to exceed $41,504,255. 

12 COMMUNITY PLANNING AND DEVELOPMENT

13 HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS

14 For carrying out the Housing Opportunities for Per15 sons with AIDS program, as authorized by the AIDS 

16 Housing Opportunity Act (42 U.S.C. 12901 et seq.), 

17 $350,000,000, to remain available until September 30, 

18 2011, except that amounts allocated pursuant to section 

19 854(c)(3) of such Act shall remain available until Sep20 tember 30, 2012: Provided, That the Secretary shall renew 

21 all expiring contracts for permanent supportive housing 

22 that were funded under section 854(c)(3) of such Act that 

23 meet all program requirements before awarding funds for 

24 new contracts and activities authorized under this section. 


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1 COMMUNITY DEVELOPMENT FUND

2 For assistance to units of State and local govern3 ment, and to other entities, for economic and community 

4 development activities, and for other purposes, 

5 $4,600,607,000, to remain available until September 30, 

6 2012, unless otherwise specified: Provided, That of the 

7 total amount provided, $4,166,607,000 is for carrying out 

8 the community development block grant program under 

9 title I of the Housing and Community Development Act 

10 of 1974, as amended (the ‘‘Act’’ herein) (42 U.S.C. 5301 

11 et seq.): Provided further, That unless explicitly provided 

12 for under this heading (except for planning grants pro13 vided in the second paragraph and amounts made avail14 able under the third paragraph), not to exceed 20 percent 

15 of any grant made with funds appropriated under this 

16 heading shall be expended for planning and management 

17 development and administration: Provided further, That 

18 $65,000,000 shall be for grants to Indian tribes notwith19 standing section 106(a)(1) of such Act, of which, notwith20 standing any other provision of law (including section 204 

21 of this Act), up to $3,960,000 may be used for emer22 gencies that constitute imminent threats to health and 

23 safety. 

24 Of the amount made available under this heading, 

25 $151,000,000 shall be available for grants for the EcoVerDate Nov 24 2008 21:12 Jul 22, 2009 Jkt 079200 PO 00000 Frm 00092 Fmt 6652 Sfmt 6201 E:\BILLS\H3288.RH H3288

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1 nomic Development Initiative (EDI) to finance a variety 

2 of targeted economic investments in accordance with the 

3 terms and conditions specified in the explanatory state4 ment accompanying this Act: Provided, That none of the 

5 funds provided under this paragraph may be used for pro6 gram operations: Provided further, That, for fiscal years 

7 2008, 2009 and 2010, no unobligated funds for EDI 

8 grants may be used for any purpose except acquisition, 

9 planning, design, purchase of equipment, revitalization, re10 development or construction. 

11 Of the amount made available under this heading, 

12 $18,000,000 shall be available for neighborhood initiatives 

13 that are utilized to improve the conditions of distressed 

14 and blighted areas and neighborhoods, to stimulate invest15 ment, economic diversification, and community revitaliza16 tion in areas with population outmigration or a stagnating 

17 or declining economic base, or to determine whether hous18 ing benefits can be integrated more effectively with welfare 

19 reform initiatives: Provided, That amounts made available 

20 under this paragraph shall be provided in accordance with 

21 the terms and conditions specified in the explanatory 

22 statement accompanying this Act. 

23 The referenced statement of the managers under this 

24 heading ‘‘Community Planning and Development’’ in title 

25 II of division K of Public Law 110-161 is deemed to be 


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1 amended by striking ‘‘Custer County, ID for acquisition 

2 of an unused middle school building’’ and inserting ‘‘Cus3 ter County, ID, to construct a community center’’. 

4 The referenced statement of the managers under this 

5 heading ‘‘Community Planning and Development’’ in title 

6 II of division I of Public Law 111-8 is deemed to be 

7 amended by striking ‘‘Custer County, ID, to purchase a 

8 middle school building’’ and inserting ‘‘Custer County, ID, 

9 to construct a community center’’. 

10 Of the amounts made available under this heading, 

11 $150,000,000 shall be made available for a Sustainable 

12 Communities Initiative to stimulate improved regional 

13 planning efforts that integrate housing and transportation 

14 decisions, and to challenge communities to reform zoning 

15 and land use ordinances: Provided, That $100,000,000 

16 shall be for Regional Planning Grants to support the link17 ing of transportation and land use planning: Provided fur18 ther, That $40,000,000 shall be for Metropolitan Chal19 lenge Grants to foster reform and reduce barriers to 

20 achieve affordable, economically vital, and sustainable 

21 communities: Provided further, That up to $10,000,000 

22 shall be for a joint Department of Housing and Urban 

23 Development and Department of Transportation research 

24 effort that shall include a rigorous evaluation of the Re25 gional Planning Grants and Metropolitan Challenge 


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1 Grants programs: Provided further, That of the amounts 

2 made available under this heading, $25,000,000 shall be 

3 made available for the Rural Innovation Fund to address 

4 the problems of concentrated rural housing distress and 

5 community poverty: Provided further, That of the amounts 

6 made available under this heading, $25,000,000 shall be 

7 made available for the University Community Fund for 

8 grants to assist universities in revitalizing their sur9 rounding communities, with special attention to Histori10 cally Black Colleges and Universities, Tribal Colleges and 

11 Universities, Alaska Native/Native Hawaiian Institutions, 

12 and Hispanic-Serving Institutions: Provided further, That 

13 the Secretary shall develop and publish guidelines for the 

14 use of such competitive funds including, but not limited 

15 to, eligibility criteria, minimum grant amounts, and per16 formance metrics. 

17 COMMUNITY DEVELOPMENT LOAN GUARANTEES

18 PROGRAM ACCOUNT

19 For the cost of guaranteed loans, $6,000,000, to re20 main available until September 30, 2011, as authorized 

21 by section 108 of the Housing and Community Develop22 ment Act of 1974 (42 U.S.C. 5308): Provided, That such 

23 costs, including the cost of modifying such loans, shall be 

24 as defined in section 502 of the Congressional Budget Act 

25 of 1974: Provided further, That these funds are available 


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1 to subsidize total loan principal, any part of which is to 

2 be guaranteed, not to exceed $275,000,000, notwith3 standing any aggregate limitation on outstanding obliga4 tions guaranteed in section 108(k) of the Housing and 

5 Community Development Act of 1974, as amended. 

6 BROWNFIELDS REDEVELOPMENT

7 For competitive economic development grants, as au8 thorized by section 108(q) of the Housing and Community 

9 Development Act of 1974, as amended, for Brownfields 

10 redevelopment projects, $25,000,000, to remain available 

11 until September 30, 2011: Provided, That no funds made 

12 available under this heading may be used to establish loan 

13 loss reserves for the section 108 Community Development 

14 Loan Guarantee program. 

15 HOME INVESTMENT PARTNERSHIPS PROGRAM

16 For the HOME investment partnerships program, as 

17 authorized under title II of the Cranston-Gonzalez Na18 tional Affordable Housing Act, as amended (42 U.S.C. 

19 12721 et seq.), $2,000,000,000, to remain available until 

20 September 30, 2012: Provided, That funds provided in 

21 prior appropriations Acts for technical assistance, that 

22 were made available for Community Housing Development 

23 Organizations technical assistance, and that still remain 

24 available, may be used for HOME technical assistance 


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1 notwithstanding the purposes for which such amounts 

2 were appropriated. 

3 SELF-HELP AND ASSISTED HOMEOWNERSHIP

4 OPPORTUNITY PROGRAM

5 For the Self-Help and Assisted Homeownership Op6 portunity Program, as authorized under section 11 of the 

7 Housing Opportunity Program Extension Act of 1996, as 

8 amended (42 U.S.C. 12805 note), $85,000,000, to remain 

9 available until September 30, 2012: Provided, That of the 

10 total amount provided under this heading, $27,000,000 

11 shall be made available to the Self-Help and Assisted 

12 Homeownership Opportunity Program as authorized 

13 under section 11 of the Housing Opportunity Program 

14 Extension Act of 1996, as amended: Provided further, 

15 That $53,000,000 shall be made available for the second, 

16 third and fourth capacity building activities authorized 

17 under section 4(a) of the HUD Demonstration Act of 

18 1993 (42 U.S.C. 9816 note), of which not less than 

19 $10,000,000 may be made available for rural capacity 

20 building activities: Provided further, That $5,000,000 shall 

21 be made available for capacity building activities as au22 thorized in sections 6301 through 6305 of Public Law 

23 110–246. 


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1 HOMELESS ASSISTANCE GRANTS

2 For the emergency shelter grants program as author3 ized under subtitle B of title IV of the McKinney-Vento 

4 Homeless Assistance Act, as amended; the supportive 

5 housing program as authorized under subtitle C of title 

6 IV of such Act; the section 8 moderate rehabilitation sin7 gle room occupancy program as authorized under the 

8 United States Housing Act of 1937, as amended, to assist 

9 homeless individuals pursuant to section 441 of the 

10 McKinney-Vento Homeless Assistance Act; and the shelter 

11 plus care program as authorized under subtitle F of title 

12 IV of such Act, $1,850,000,000, of which $1,845,000,000 

13 shall remain available until September 30, 2012, and of 

14 which $5,000,000 shall remain available until expended 

15 for rehabilitation projects with 10-year grant terms: Pro16 vided, That not less than 30 percent of funds made avail17 able, excluding amounts provided for renewals under the 

18 shelter plus care program shall be used for permanent 

19 housing for individuals and families: Provided further, 

20 That all funds awarded for services shall be matched by 

21 not less than 25 percent in funding by each grantee: Pro22 vided further, That for all match requirements applicable 

23 to funds made available under this heading for this fiscal 

24 year and prior years, a grantee may use (or could have 

25 used) as a source of match funds other funds administered 


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1 by the Secretary and other Federal agencies unless there 

2 is (or was) a specific statutory prohibition on any such 

3 use of any such funds: Provided further, That the Sec4 retary shall renew on an annual basis expiring contracts 

5 or amendments to contracts funded under the shelter plus 

6 care program if the program is determined to be needed 

7 under the applicable continuum of care and meets appro8 priate program requirements and financial standards, as 

9 determined by the Secretary: Provided further, That all 

10 awards of assistance under this heading shall be required 

11 to coordinate and integrate homeless programs with other 

12 mainstream health, social services, and employment pro13 grams for which homeless populations may be eligible, in14 cluding Medicaid, State Children’s Health Insurance Pro15 gram, Temporary Assistance for Needy Families, Food 

16 Stamps, and services funding through the Mental Health 

17 and Substance Abuse Block Grant, Workforce Investment 

18 Act, and the Welfare-to-Work grant program: Provided 

19 further, That up to $8,000,000 of the funds appropriated 

20 under this heading shall be available for the national 

21 homeless data analysis project and technical assistance: 

22 Provided further, That all balances for Shelter Plus Care 

23 renewals previously funded from the Shelter Plus Care Re24 newal account and transferred to this account shall be 


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1 available, if recaptured, for Shelter Plus Care renewals in 

2 fiscal year 2010. 

3 HOUSING PROGRAMS

4 PROJECT-BASED RENTAL ASSISTANCE

5 For activities and assistance for the provision of 

6 project-based subsidy contracts under the United States 

7 Housing Act of 1937 (42 U.S.C. 1437 et seq.) (‘‘the 

8 Act’’), not otherwise provided for, $8,306,328,000, to re9 main available until expended, shall be available on Octo10 ber 1, 2009, and $393,672,000, to remain available until 

11 expended, shall be available on October 1, 2010: Provided, 

12 That the amounts made available under this heading are 

13 provided as follows: 

14 (1) Up to $8,474,328,000 shall be available for 

15 expiring or terminating section 8 project-based sub16 sidy contracts (including section 8 moderate rehabili17 tation contracts), for amendments to section 8 

18 project-based subsidy contracts (including section 8 

19 moderate rehabilitation contracts), for contracts en20 tered into pursuant to section 441 of the McKinney21 Vento Homeless Assistance Act (42 U.S.C. 11401), 

22 for renewal of section 8 contracts for units in 

23 projects that are subject to approved plans of action 

24 under the Emergency Low Income Housing Preser25 vation Act of 1987 or the Low-Income Housing 


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1 Preservation and Resident Homeownership Act of 

2 1990, and for administrative and other expenses as3 sociated with project-based activities and assistance 

4 funded under this paragraph. 

5 (2) Not less than $232,000,000 but not to ex6 ceed $258,000,000 shall be available for perform7 ance-based contract administrators for section 8 

8 project-based assistance: Provided, That the Sec9 retary of Housing and Urban Development may also 

10 use such amounts for performance-based contract 

11 administrators for the administration of: interest re12 duction payments pursuant to section 236(a) of the 

13 National Housing Act (12 U.S.C. 1715z–1(a)); rent 

14 supplement payments pursuant to section 101 of the 

15 Housing and Urban Development Act of 1965 (12 

16 U.S.C. 1701s); section 236(f)(2) rental assistance 

17 payments (12 U.S.C. 1715z–1(f)(2)); project rental 

18 assistance contracts for the elderly under section 

19 202(c)(2) of the Housing Act of 1959 (12 U.S.C. 

20 1701q(c)(2)); project rental assistance contracts for 

21 supportive housing for persons with disabilities 

22 under section 811(d)(2) of the Cranston-Gonzalez 

23 National Affordable Housing Act (42 U.S.C. 

24 8013(d)(2)); project assistance contracts pursuant to 

25 section 202(h) of the Housing Act of 1959 (Public 


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1 Law 86–372; 73 Stat. 667); and loans under section 

2 202 of the Housing Act of 1959 (Public Law 86– 

3 372; 73 Stat. 667). 

4 (3) Amounts recaptured under this heading, the 

5 heading ‘‘Annual Contributions for Assisted Hous6 ing’’, or the heading ‘‘Housing Certificate Fund’’ 

7 may be used for renewals of or amendments to sec8 tion 8 project-based contracts or for performance9 based contract administrators, notwithstanding the 

10 purposes for which such amounts were appropriated. 

11 HOUSING FOR THE ELDERLY

12 For capital advances, including amendments to cap13 ital advance contracts, for housing for the elderly, as au14 thorized by section 202 of the Housing Act of 1959 (12 

15 U.S.C. 1701(q)), as amended, and for project rental as16 sistance for the elderly under section 202(c)(2) of such 

17 Act, including amendments to contracts for such assist18 ance and renewal of expiring contracts for such assistance 

19 for up to a 1-year term, and for supportive services associ20 ated with the housing, $1,000,000,000, to remain avail21 able until September 30, 2013, of which up to 

22 $872,000,000 shall be for capital advance and project23 based rental assistance awards: Provided, That, of the 

24 amount provided under this heading, up to $90,000,000 

25 shall be for service coordinators and the continuation of 


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1 existing congregate service grants for residents of assisted 

2 housing projects, and of which up to $25,000,000 shall 

3 be for grants under section 202b of the Housing Act of 

4 1959 (12 U.S.C. 1701q–2) for conversion of eligible 

5 projects under such section to assisted living or related 

6 use and for substantial and emergency capital repairs as 

7 determined by the Secretary: Provided further, That of the 

8 amount made available under this heading, $20,000,000 

9 shall be available to the Secretary of Housing and Urban 

10 Development only for making competitive grants to pri11 vate nonprofit organizations and consumer cooperatives 

12 for covering costs of architectural and engineering work, 

13 site control, and other planning relating to the develop14 ment of supportive housing for the elderly that is eligible 

15 for assistance under section 202 of the Housing Act of 

16 1959 (12 U.S.C. 1701q): Provided further, That amounts 

17 under this heading shall be available for Real Estate As18 sessment Center inspections and inspection-related activi19 ties associated with section 202 capital advance projects: 

20 Provided further, That up to $2,000,000 of the total 

21 amount made available under this heading shall be for 

22 technical assistance to improve grant applications and to 

23 facilitate the development of housing for the elderly under 

24 section 202 of the Housing Act of 1959, and supportive 

25 housing for persons with disabilities under section 811 of 


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1 the Cranston-Gonzalez National Affordable Housing Act: 

2 Provided further, That the Secretary may waive the provi3 sions of section 202 governing the terms and conditions 

4 of project rental assistance, except that the initial contract 

5 term for such assistance shall not exceed 5 years in dura6 tion. 

7 HOUSING FOR PERSONS WITH DISABILITIES

8 For capital advance contracts, including amendments 

9 to capital advance contracts, for supportive housing for 

10 persons with disabilities, as authorized by section 811 of 

11 the Cranston-Gonzalez National Affordable Housing Act 

12 (42 U.S.C. 8013), for project rental assistance for sup13 portive housing for persons with disabilities under section 

14 811(d)(2) of such Act, including amendments to contracts 

15 for such assistance and renewal of expiring contracts for 

16 such assistance for up to a 1-year term, and for supportive 

17 services associated with the housing for persons with dis18 abilities as authorized by section 811(b)(1) of such Act, 

19 and for tenant-based rental assistance contracts entered 

20 into pursuant to section 811 of such Act, $350,000,000, 

21 of which up to $214,000,000 shall be for capital advances 

22 and project-based rental assistance contracts, to remain 

23 available until September 30, 2013: Provided further, 

24 That, of the amount provided under this heading, 

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1 ant-based assistance contracts entered into prior to fiscal 

2 year 2005 (only one amendment authorized for any such 

3 contract): Provided further, That all tenant-based assist4 ance made available under this heading shall continue to 

5 remain available only to persons with disabilities: Provided 

6 further, That the Secretary may waive the provisions of 

7 section 811 governing the terms and conditions of project 

8 rental assistance and tenant-based assistance, except that 

9 the initial contract term for such assistance shall not ex10 ceed 5 years in duration: Provided further, That amounts 

11 made available under this heading shall be available for 

12 Real Estate Assessment Center inspections and inspec13 tion-related activities associated with section 811 Capital 

14 Advance Projects. 

15 HOUSING COUNSELING ASSISTANCE

16 For contracts, grants, and other assistance excluding 

17 loans, as authorized under section 106 of the Housing and 

18 Urban Development Act of 1968, as amended(12 U.S.C. 

19 1701(x)), $70,000,000, including up to $2,500,000 for ad20 ministrative contract services, to remain available until 

21 September 30, 2011: Provided, That funds shall be used 

22 for providing counseling and advice to tenants and home23 owners, both current and prospective, with respect to 

24 property maintenance, financial management/literacy, and 

25 such other matters as may be appropriate to assist them 


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1 in improving their housing conditions, meeting their finan2 cial needs, and fulfilling the responsibilities of tenancy or 

3 homeownership; for program administration; and for hous4 ing counselor training. 

5 ENERGY INNOVATION FUND

6 For an Energy Innovation Fund to enable the Fed7 eral Housing Administration and the new Office of Sus8 tainability to catalyze innovations in the residential energy 

9 efficiency sector that have promise of replicability and help 

10 create a standardized home energy efficient retrofit mar11 ket, $50,000,000, to remain available until September 30, 

12 2013: Provided, That $25,000,000 shall be for the Energy 

13 Efficient Mortgage Innovation pilot program, directed at 

14 the single family housing market: Provided further, That 

15 $25,000,000 shall be for the Multifamily Energy Pilot, di16 rected at the multifamily housing market. 

17 OTHER ASSISTED HOUSING PROGRAMS

18 RENTAL HOUSING ASSISTANCE

19 For amendments to contracts under section 101 of 

20 the Housing and Urban Development Act of 1965 (12 

21 U.S.C. 1701s) and section 236(f)(2) of the National 

22 Housing Act (12 U.S.C. 1715z—1) in State-aided, non23 insured rental housing projects, $40,000,000, to remain 

24 available until expended. 


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1 RENT SUPPLEMENT

2 (RESCISSION)

3 Of the amounts recaptured from terminated con4 tracts under section 101 of the Housing and Urban Devel5 opment Act of 1965 (12 U.S.C. 1701s) and section 236 

6 of the National Housing Act (12 U.S.C. 1715z—1) 

7 $27,600,000 are rescinded. 

8 PAYMENT TO MANUFACTURED HOUSING FEES TRUST

9 FUND

10 For necessary expenses as authorized by the National 

11 Manufactured Housing Construction and Safety Stand12 ards Act of 1974 (42 U.S.C. 5401 et seq.), up to 

13 $16,000,000, to remain available until expended, of which 

14 $7,000,000 is to be derived from the Manufactured Hous15 ing Fees Trust Fund: Provided, That not to exceed the 

16 total amount appropriated under this heading shall be 

17 available from the general fund of the Treasury to the ex18 tent necessary to incur obligations and make expenditures 

19 pending the receipt of collections to the Fund pursuant 

20 to section 620 of such Act: Provided further, That the 

21 amount made available under this heading from the gen22 eral fund shall be reduced as such collections are received 

23 during fiscal year 2010 so as to result in a final fiscal 

24 year 2010 appropriation from the general fund estimated 

25 at not more than $9,000,000 and fees pursuant to such 


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1 section 620 shall be modified as necessary to ensure such 

2 a final fiscal year 2010 appropriation: Provided further, 

3 That for the dispute resolution and installation programs, 

4 the Secretary of Housing and Urban Development may 

5 assess and collect fees from any program participant: Pro6 vided further, That such collections shall be deposited into 

7 the Fund, and the Secretary, as provided herein, may use 

8 such collections, as well as fees collected under section 

9 620, for necessary expenses of such Act: Provided further, 

10 That notwithstanding the requirements of section 620 of 

11 such Act, the Secretary may carry out responsibilities of 

12 the Secretary under such Act through the use of approved 

13 service providers that are paid directly by the recipients 

14 of their services. 

15 FEDERAL HOUSING ADMINISTRATION

16 MUTUAL MORTGAGE INSURANCE PROGRAM ACCOUNT

17 (INCLUDING TRANSFERS OF FUNDS)

18 During fiscal year 2010, commitments to guarantee 

19 single family loans insured under the Mutual Mortgage In20 surance Fund shall not exceed a loan principal of 

21 $400,000,000,000: Provided, That for new loans guaran22 teed pursuant to section 255 of the National Housing Act 

23 (12 U.S.C. 1715z-20), the Secretary shall adjust the fac24 tors used to calculate the principal limit (as such term 

25 is defined in HUD Handbook 4235.1) that were assumed 


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1 in the President’s Budget Request for 2010 for such 

2 loans, as necessary to ensure that the program operates 

3 at a net zero subsidy rate, except that no principal limit 

4 factor may be reduced below 60: Provided further, That 

5 during fiscal year 2010, obligations to make direct loans 

6 to carry out the purposes of section 204(g) of the National 

7 Housing Act, as amended, shall not exceed $50,000,000: 

8 Provided further, That the foregoing amount shall be for 

9 loans to nonprofit and governmental entities in connection 

10 with sales of single family real properties owned by the 

11 Secretary and formerly insured under the Mutual Mort12 gage Insurance Fund. For administrative contract ex13 penses of the Federal Housing Administration, 

14 $188,900,000, of which up to $70,794,000 may be trans15 ferred to the Working Capital Fund, and of which up to 

16 $7,500,000 shall be for education and outreach of FHA 

17 single family loan products: Provided further, That to the 

18 extent guaranteed loan commitments exceed 

19 $200,000,000,000 on or before April 1, 2010, an addi20 tional $1,400 for administrative contract expenses shall be 

21 available for each $1,000,000 in additional guaranteed 

22 loan commitments (including a pro rata amount for any 

23 amount below $1,000,000), but in no case shall funds 

24 made available by this proviso exceed $30,000,000. 


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1 GENERAL AND SPECIAL RISK PROGRAM ACCOUNT

2 For the cost of guaranteed loans, as authorized by 

3 sections 238 and 519 of the National Housing Act (12 

4 U.S.C. 1715z–3 and 1735c), including the cost of loan 

5 guarantee modifications, as that term is defined in section 

6 502 of the Congressional Budget Act of 1974, as amend7 ed, $8,600,000, to remain available until expended: Pro8 vided, That commitments to guarantee loans shall not ex9 ceed $15,000,000,000 in total loan principal, any part of 

10 which is to be guaranteed. 

11 Gross obligations for the principal amount of direct 

12 loans, as authorized by sections 204(g), 207(l), 238, and 

13 519(a) of the National Housing Act, shall not exceed 

14 $20,000,000, which shall be for loans to nonprofit and 

15 governmental entities in connection with the sale of single16 family real properties owned by the Secretary and for17 merly insured under such Act. 

18 GOVERNMENT NATIONAL MORTGAGE ASSOCIATION

19 GUARANTEES OF MORTGAGE-BACKED SECURITIES LOAN

20 GUARANTEE PROGRAM ACCOUNT

21 New commitments to issue guarantees to carry out 

22 the purposes of section 306 of the National Housing Act, 

23 as amended (12 U.S.C. 1721(g)), shall not exceed 

24 $500,000,000,000, to remain available until September 

25 30, 2011. 


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1 POLICY DEVELOPMENT AND RESEARCH

2 RESEARCH AND TECHNOLOGY

3 For contracts, grants, and necessary expenses of pro4 grams of research and studies relating to housing and 

5 urban problems, not otherwise provided for, as authorized 

6 by title V of the Housing and Urban Development Act 

7 of 1970 (12 U.S.C. 1701z–1 et seq.), including carrying 

8 out the functions of the Secretary of Housing and Urban 

9 Development under section 1(a)(1)(i) of Reorganization 

10 Plan No. 2 of 1968, $50,000,000, to remain available 

11 until September 30, 2011. 

12 FAIR HOUSING AND EQUAL OPPORTUNITY

13 FAIR HOUSING ACTIVITIES

14 For contracts, grants, and other assistance, not oth15 erwise provided for, as authorized by title VIII of the Civil 

16 Rights Act of 1968, as amended by the Fair Housing 

17 Amendments Act of 1988, and section 561 of the Housing 

18 and Community Development Act of 1987, as amended, 

19 $72,000,000, to remain available until September 30, 

20 2011, of which $42,500,000 shall be to carry out activities 

21 pursuant to such section 561: Provided, That notwith22 standing 31 U.S.C. 3302, the Secretary may assess and 

23 collect fees to cover the costs of the Fair Housing Training 

24 Academy, and may use such funds to provide such train25 ing: Provided further, That no funds made available under 


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1 this heading shall be used to lobby the executive or legisla2 tive branches of the Federal Government in connection 

3 with a specific contract, grant or loan. 

4 OFFICE OF LEAD HAZARD CONTROL AND HEALTHY

5 HOMES

6 LEAD HAZARD REDUCTION

7 For the Lead Hazard Reduction Program, as author8 ized by section 1011 of the Residential Lead-Based Paint 

9 Hazard Reduction Act of 1992, $140,000,000, to remain 

10 available until September 30, 2011, of which not less than 

11 $20,000,000 shall be for the Healthy Homes Initiative, 

12 pursuant to sections 501 and 502 of the Housing and 

13 Urban Development Act of 1970 that shall include re14 search, studies, testing, and demonstration efforts, includ15 ing education and outreach concerning lead-based paint 

16 poisoning and other housing-related diseases and hazards: 

17 Provided, That for purposes of environmental review, pur18 suant to the National Environmental Policy Act of 1969 

19 (42 U.S.C. 4321 et seq.) and other provisions of the law 

20 that further the purposes of such Act, a grant under the 

21 Healthy Homes Initiative, Operation Lead Elimination 

22 Action Plan (LEAP), or the Lead Technical Studies pro23 gram under this heading or under prior appropriations 

24 Acts for such purposes under this heading, shall be consid25 ered to be funds for a special project for purposes of secVerDate Nov 24 2008 21:12 Jul 22, 2009 Jkt 079200 PO 00000 Frm 00112 Fmt 6652 Sfmt 6201 E:\BILLS\H3288.RH H3288

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1 tion 305(c) of the Multifamily Housing Property Disposi2 tion Reform Act of 1994: Provided further, That amounts 

3 made available under this heading in this or prior appro4 priations Acts, and that still remain available, may be used 

5 for any purpose under this heading notwithstanding the 

6 purpose for which such amounts were appropriated if a 

7 program competition is undersubscribed and there are 

8 other program competitions under this heading that are 

9 oversubscribed. 

10 MANAGEMENT AND ADMINISTRATION

11 WORKING CAPITAL FUND

12 (INCLUDING TRANSFER OF FUNDS)

13 For additional capital for the Working Capital Fund 

14 (42 U.S.C. 3535) for the maintenance of infrastructure 

15 for Department-wide information technology systems, for 

16 the continuing operation and maintenance of both Depart17 ment-wide and program-specific information systems, and 

18 for program-related maintenance activities, $200,000,000, 

19 to remain available until September 30, 2011: Provided, 

20 That any amounts transferred to this Fund under this Act 

21 shall remain available until expended: Provided further, 

22 That any amounts transferred to this Fund from amounts 

23 appropriated by previously enacted appropriations Acts or 

24 from within this Act may be used only for the purposes 

25 specified under this Fund, in addition to the purposes for 


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1 which such amounts were appropriated: Provided further, 

2 That up to $15,000,000 may be transferred to this ac3 count from all other accounts in this title (except for the 

4 Office of the Inspector General account) that make funds 

5 available for salaries and expenses. 

6 OFFICE OF INSPECTOR GENERAL

7 For necessary salaries and expenses of the Office of 

8 Inspector General in carrying out the Inspector General 

9 Act of 1978, as amended, $120,000,000: Provided, That 

10 the Inspector General shall have independent authority 

11 over all personnel issues within this office. 

12 TRANSFORMATION INITIATIVE

13 For necessary expenses for combating mortgage 

14 fraud, $20,000,000, to remain available until expended. 

15 In addition, of the amounts made available in this 

16 Act under each of the following headings under this title, 

17 the Secretary may transfer to, and merge with, this ac18 count up to 1 percent from each such account, and such 

19 transferred amounts shall be available until September 30, 

20 2012, for (1) research, evaluation, and program metrics; 

21 (2) program demonstrations; (3) technical assistance and 

22 capacity building; and (4) information technology: ‘‘Public 

23 Housing Capital Fund,’’ ‘‘Energy Innovation Fund,’’ 

24 ‘‘Native American Housing Block Grants,’’ ‘‘Native Ha25 waiian Housing Block Grants,’’ ‘‘Revitalization of Severely 


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1 Distressed Public Housing,’’ ‘‘Brownfields Redevelop2 ment,’’ ‘‘Section 108 Loan Guarantees,’’ ‘‘Housing Oppor3 tunities for Persons With AIDS,’’ ‘‘Community Develop4 ment Fund,’’ ‘‘HOME Investment Partnerships Pro5 gram,’’ ‘‘Self-Help and Assisted Homeownership Oppor6 tunity Program,’’ ‘‘Homeless Assistance Grants,’’ ‘‘Hous7 ing for the Elderly,’’ ‘‘Housing for Persons With Disabil8 ities,’’ ‘‘Housing Counseling Assistance,’’ ‘‘Payment to 

9 Manufactured Housing Fees Trust Fund,’’ ‘‘Mutual Mort10 gage Insurance Program Account,’’ ‘‘General and Special 

11 Risk Program Account,’’ ‘‘Research and Technology,’’ 

12 ‘‘Lead Hazard Reduction,’’ ‘‘Rental Housing Assistance,’’ 

13 and ‘‘Fair Housing Activities’’: Provided, That the Sec14 retary shall fund each of the four general purposes speci15 fied above at not less than 10 percent, and not more than 

16 50 percent, of the aggregate transferred amount. 

17 GENERAL PROVISIONS—DEPARTMENT OF HOUSING AND

18 URBAN DEVELOPMENT

19 SEC. 201. Fifty percent of the amounts of budget au20 thority, or in lieu thereof 50 percent of the cash amounts 

21 associated with such budget authority, that are recaptured 

22 from projects described in section 1012(a) of the Stewart 

23 B. McKinney Homeless Assistance Amendments Act of 

24 1988 (42 U.S.C. 1437 note) shall be rescinded or in the 

25 case of cash, shall be remitted to the Treasury, and such 


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1 amounts of budget authority or cash recaptured and not 

2 rescinded or remitted to the Treasury shall be used by 

3 State housing finance agencies or local governments or 

4 local housing agencies with projects approved by the Sec5 retary of Housing and Urban Development for which set6 tlement occurred after January 1, 1992, in accordance 

7 with such section. Notwithstanding the previous sentence, 

8 the Secretary may award up to 15 percent of the budget 

9 authority or cash recaptured and not rescinded or remitted 

10 to the Treasury to provide project owners with incentives 

11 to refinance their project at a lower interest rate. 

12 SEC. 202. None of the amounts made available under 

13 this Act may be used during fiscal year 2010 to investigate 

14 or prosecute under the Fair Housing Act any otherwise 

15 lawful activity engaged in by one or more persons, includ16 ing the filing or maintaining of a non-frivolous legal ac17 tion, that is engaged in solely for the purpose of achieving 

18 or preventing action by a Government official or entity, 

19 or a court of competent jurisdiction. 

20 SEC. 203. (a) Notwithstanding section 854(c)(1)(A) 

21 of the AIDS Housing Opportunity Act (42 U.S.C. 

22 12903(c)(1)(A)), from any amounts made available under 

23 this title for fiscal year 2010 that are allocated under such 

24 section, the Secretary of Housing and Urban Development 


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1 shall allocate and make a grant, in the amount determined 

2 under subsection (b), for any State that— 

3 (1) received an allocation in a prior fiscal year 

4 under clause (ii) of such section; and 

5 (2) is not otherwise eligible for an allocation for 

6 fiscal year 2010 under such clause (ii) because the 

7 areas in the State outside of the metropolitan statis8 tical areas that qualify under clause (i) in fiscal year 

9 2010 do not have the number of cases of acquired 

10 immunodeficiency syndrome (AIDS) required under 

11 such clause. 

12 (b) The amount of the allocation and grant for any 

13 State described in subsection (a) shall be an amount based 

14 on the cumulative number of AIDS cases in the areas of 

15 that State that are outside of metropolitan statistical 

16 areas that qualify under clause (i) of such section 

17 854(c)(1)(A) in fiscal year 2010, in proportion to AIDS 

18 cases among cities and States that qualify under clauses 

19 (i) and (ii) of such section and States deemed eligible 

20 under subsection (a). 

21 (c) Notwithstanding any other provision of law, the 

22 amount allocated for fiscal year 2010 under section 854(c) 

23 of the AIDS Housing Opportunity Act (42 U.S.C. 

24 12903(c)), to the City of New York, New York, on behalf 

25 of the New York-Wayne-White Plains, New York-New 


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1 Jersey Metropolitan Division (hereafter ‘‘metropolitan di2 vision’’) of the New York-Newark-Edison, NY-NJ-PA 

3 Metropolitan Statistical Area, shall be adjusted by the 

4 Secretary of Housing and Urban Development by: (1) allo5 cating to the City of Jersey City, New Jersey, the propor6 tion of the metropolitan area’s or division’s amount that 

7 is based on the number of cases of AIDS reported in the 

8 portion of the metropolitan area or division that is located 

9 in Hudson County, New Jersey, and adjusting for the pro10 portion of the metropolitan division’s high incidence bonus 

11 if this area in New Jersey also has a higher than average 

12 per capita incidence of AIDS; and (2) allocating to the 

13 City of Paterson, New Jersey, the proportion of the metro14 politan area’s or division’s amount that is based on the 

15 number of cases of AIDS reported in the portion of the 

16 metropolitan area or division that is located in Bergen 

17 County and Passaic County, New Jersey, and adjusting 

18 for the proportion of the metropolitan division’s high inci19 dence bonus if this area in New Jersey also has a higher 

20 than average per capita incidence of AIDS. The recipient 

21 cities shall use amounts allocated under this subsection 

22 to carry out eligible activities under section 855 of the 

23 AIDS Housing Opportunity Act (42 U.S.C. 12904) in 

24 their respective portions of the metropolitan division that 

25 is located in New Jersey. 


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1 (d) Notwithstanding any other provision of law, the 

2 amount allocated for fiscal year 2010 under section 854(c) 

3 of the AIDS Housing Opportunity Act (42 U.S.C. 

4 12903(c)) to areas with a higher than average per capita 

5 incidence of AIDS, shall be adjusted by the Secretary on 

6 the basis of area incidence reported over a 3 year period. 

7 SEC. 204. Except as explicitly provided in law, any 

8 grant, cooperative agreement or other assistance made 

9 pursuant to title II of this Act shall be made on a competi10 tive basis and in accordance with section 102 of the De11 partment of Housing and Urban Development Reform Act 

12 of 1989 (42 U.S.C. 3545). 

13 SEC. 205. Funds of the Department of Housing and 

14 Urban Development subject to the Government Corpora15 tion Control Act or section 402 of the Housing Act of 

16 1950 shall be available, without regard to the limitations 

17 on administrative expenses, for legal services on a contract 

18 or fee basis, and for utilizing and making payment for 

19 services and facilities of the Federal National Mortgage 

20 Association, Government National Mortgage Association, 

21 Federal Home Loan Mortgage Corporation, Federal Fi22 nancing Bank, Federal Reserve banks or any member 

23 thereof, Federal Home Loan banks, and any insured bank 

24 within the meaning of the Federal Deposit Insurance Cor25 poration Act, as amended (12 U.S.C. 1811—1). 


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1 SEC. 206. Unless otherwise provided for in this Act 

2 or through a reprogramming of funds, no part of any ap3 propriation for the Department of Housing and Urban 

4 Development shall be available for any program, project 

5 or activity in excess of amounts set forth in the budget 

6 estimates submitted to Congress. 

7 SEC. 207. Corporations and agencies of the Depart8 ment of Housing and Urban Development which are sub9 ject to the Government Corporation Control Act, are here10 by authorized to make such expenditures, within the limits 

11 of funds and borrowing authority available to each such 

12 corporation or agency and in accordance with law, and to 

13 make such contracts and commitments without regard to 

14 fiscal year limitations as provided by section 104 of such 

15 Act as may be necessary in carrying out the programs set 

16 forth in the budget for 2010 for such corporation or agen17 cy except as hereinafter provided: Provided, That collec18 tions of these corporations and agencies may be used for 

19 new loan or mortgage purchase commitments only to the 

20 extent expressly provided for in this Act (unless such loans 

21 are in support of other forms of assistance provided for 

22 in this or prior appropriations Acts), except that this pro23 viso shall not apply to the mortgage insurance or guaranty 

24 operations of these corporations, or where loans or mortVerDate Nov 24 2008 21:12 Jul 22, 2009 Jkt 079200 PO 00000 Frm 00120 Fmt 6652 Sfmt 6201 E:\BILLS\H3288.RH H3288

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1 gage purchases are necessary to protect the financial in2 terest of the United States Government. 

3 SEC. 208. None of the funds provided in this title 

4 for technical assistance, training, or management improve5 ments may be obligated or expended unless the Secretary 

6 of Housing and Urban Development provides to the Com7 mittees on Appropriations a description of each proposed 

8 activity and a detailed budget estimate of the costs associ9 ated with each program, project or activity as part of the 

10 Budget Justifications. For fiscal year 2010, the Secretary 

11 shall transmit this information to the Committees by No12 vember 15, 2009 for 30 days of review. 

13 SEC. 209. The Secretary of Housing and Urban De14 velopment shall provide quarterly reports to the House 

15 and Senate Committees on Appropriations regarding all 

16 uncommitted, unobligated, recaptured and excess funds in 

17 each program and activity within the jurisdiction of the 

18 Department and shall submit additional, updated budget 

19 information to these Committees upon request. 

20 SEC. 210. (a) Notwithstanding any other provision 

21 of law, the amount allocated for fiscal year 2010 under 

22 section 854(c) of the AIDS Housing Opportunity Act (42 

23 U.S.C. 12903(c)), to the City of Wilmington, Delaware, 

24 on behalf of the Wilmington, Delaware-Maryland-New 

25 Jersey Metropolitan Division (hereafter ‘‘metropolitan diVerDate Nov 24 2008 21:12 Jul 22, 2009 Jkt 079200 PO 00000 Frm 00121 Fmt 6652 Sfmt 6201 E:\BILLS\H3288.RH H3288

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1 vision’’), shall be adjusted by the Secretary of Housing 

2 and Urban Development by allocating to the State of New 

3 Jersey the proportion of the metropolitan division’s 

4 amount that is based on the number of cases of AIDS 

5 reported in the portion of the metropolitan division that 

6 is located in New Jersey, and adjusting for the proportion 

7 of the metropolitan division’s high incidence bonus if this 

8 area in New Jersey also has a higher than average per 

9 capita incidence of AIDS. The State of New Jersey shall 

10 use amounts allocated to the State under this subsection 

11 to carry out eligible activities under section 855 of the 

12 AIDS Housing Opportunity Act (42 U.S.C. 12904) in the 

13 portion of the metropolitan division that is located in New 

14 Jersey. 

15 (b) Notwithstanding any other provision of law, the 

16 Secretary of Housing and Urban Development shall allo17 cate to Wake County, North Carolina, the amounts that 

18 otherwise would be allocated for fiscal year 2010 under 

19 section 854(c) of the AIDS Housing Opportunity Act (42 

20 U.S.C. 12903(c)) to the City of Raleigh, North Carolina, 

21 on behalf of the Raleigh-Cary, North Carolina Metropoli22 tan Statistical Area. Any amounts allocated to Wake 

23 County shall be used to carry out eligible activities under 

24 section 855 of such Act (42 U.S.C. 12904) within such 

25 metropolitan statistical area. 


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1 (c) Notwithstanding section 854(c) of the AIDS 

2 Housing Opportunity Act (42 U.S.C. 12903(c)), the Sec3 retary of Housing and Urban Development may adjust the 

4 allocation of the amounts that otherwise would be allo5 cated for fiscal year 2010 under section 854(c) of such 

6 Act, upon the written request of an applicant, in conjunc7 tion with the State(s), for a formula allocation on behalf 

8 of a metropolitan statistical area, to designate the State 

9 or States in which the metropolitan statistical area is lo10 cated as the eligible grantee(s) of the allocation. In the 

11 case that a metropolitan statistical area involves more 

12 than one State, such amounts allocated to each State shall 

13 be in proportion to the number of cases of AIDS reported 

14 in the portion of the metropolitan statistical area located 

15 in that State. Any amounts allocated to a State under this 

16 section shall be used to carry out eligible activities within 

17 the portion of the metropolitan statistical area located in 

18 that State. 

19 SEC. 211. The President’s formal budget request for 

20 fiscal year 2010, as well as the Department of Housing 

21 and Urban Development’s congressional budget justifica22 tions to be submitted to the Committees on Appropriations 

23 of the House of Representatives and the Senate, shall use 

24 the identical account and sub-account structure provided 

25 under this Act. 


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1 SEC. 212. A public housing agency or such other enti2 ty that administers Federal housing assistance for the 

3 Housing Authority of the county of Los Angeles, Cali4 fornia, the States of Alaska, Iowa, and Mississippi shall 

5 not be required to include a resident of public housing or 

6 a recipient of assistance provided under section 8 of the 

7 United States Housing Act of 1937 on the board of direc8 tors or a similar governing board of such agency or entity 

9 as required under section (2)(b) of such Act. Each public 

10 housing agency or other entity that administers Federal 

11 housing assistance under section 8 for the Housing Au12 thority of the county of Los Angeles, California and the 

13 States of Alaska, Iowa and Mississippi that chooses not 

14 to include a resident of Public Housing or a recipient of 

15 section 8 assistance on the board of directors or a similar 

16 governing board shall establish an advisory board of not 

17 less than six residents of public housing or recipients of 

18 section 8 assistance to provide advice and comment to the 

19 public housing agency or other administering entity on 

20 issues related to public housing and section 8. Such advi21 sory board shall meet not less than quarterly. 

22 SEC. 213. (a) Notwithstanding any other provision 

23 of law, subject to the conditions listed in subsection (b), 

24 for fiscal years 2008 and 2009, the Secretary of Housing 

25 and Urban Development may authorize the transfer of 


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1 some or all project-based assistance, debt and statutorily 

2 required low-income and very low-income use restrictions, 

3 associated with one or more multifamily housing project 

4 to another multifamily housing project or projects. 

5 (b) The transfer authorized in subsection (a) is sub6 ject to the following conditions: 

7 (1) The number of low-income and very low-in8 come units and the net dollar amount of Federal as9 sistance provided by the transferring project shall 

10 remain the same in the receiving project or projects. 

11 (2) The transferring project shall, as deter12 mined by the Secretary, be either physically obsolete 

13 or economically non-viable. 

14 (3) The receiving project or projects shall meet 

15 or exceed applicable physical standards established 

16 by the Secretary. 

17 (4) The owner or mortgagor of the transferring 

18 project shall notify and consult with the tenants re19 siding in the transferring project and provide a cer20 tification of approval by all appropriate local govern21 mental officials. 

22 (5) The tenants of the transferring project who 

23 remain eligible for assistance to be provided by the 

24 receiving project or projects shall not be required to 

25 vacate their units in the transferring project or 


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1 projects until new units in the receiving project are 

2 available for occupancy. 

3 (6) The Secretary determines that this transfer 

4 is in the best interest of the tenants. 

5 (7) If either the transferring project or the re6 ceiving project or projects meets the condition speci7 fied in subsection (c)(2)(A), any lien on the receiving 

8 project resulting from additional financing obtained 

9 by the owner shall be subordinate to any FHA-in10 sured mortgage lien transferred to, or placed on, 

11 such project by the Secretary. 

12 (8) If the transferring project meets the re13 quirements of subsection (c)(2)(E), the owner or 

14 mortgagor of the receiving project or projects shall 

15 execute and record either a continuation of the exist16 ing use agreement or a new use agreement for the 

17 project where, in either case, any use restrictions in 

18 such agreement are of no lesser duration than the 

19 existing use restrictions. 

20 (9) Any financial risk to the FHA General and 

21 Special Risk Insurance Fund, as determined by the 

22 Secretary, would be reduced as a result of a transfer 

23 completed under this section. 


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1 (10) The Secretary determines that Federal li2 ability with regard to this project will not be in3 creased. 

4 (c) For purposes of this section— 

5 (1) the terms ‘‘low-income’’ and ‘‘very low-in6 come’’ shall have the meanings provided by the stat7 ute and/or regulations governing the program under 

8 which the project is insured or assisted; 

9 (2) the term ‘‘multifamily housing project’’ 

10 means housing that meets one of the following con11 ditions— 

12 (A) housing that is subject to a mortgage 

13 insured under the National Housing Act; 

14 (B) housing that has project-based assist15 ance attached to the structure including 

16 projects undergoing mark to market debt re17 structuring under the Multifamily Assisted 

18 Housing Reform and Affordability Housing Act; 

19 (C) housing that is assisted under section 

20 202 of the Housing Act of 1959 as amended by 

21 section 801 of the Cranston-Gonzalez National 

22 Affordable Housing Act; 

23 (D) housing that is assisted under section 

24 202 of the Housing Act of 1959, as such sec25 tion existed before the enactment of the CranVerDate Nov 24 2008 21:12 Jul 22, 2009 Jkt 079200 PO 00000 Frm 00127 Fmt 6652 Sfmt 6201 E:\BILLS\H3288.RH H3288

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1 ston-Gonzalez National Affordable Housing Act; 

2 or 

3 (E) housing or vacant land that is subject 

4 to a use agreement; 

5 (3) the term ‘‘project-based assistance’’ 

6 means— 

7 (A) assistance provided under section 8(b) 

8 of the United States Housing Act of 1937; 

9 (B) assistance for housing constructed or 

10 substantially rehabilitated pursuant to assist11 ance provided under section 8(b)(2) of such Act 

12 (as such section existed immediately before Oc13 tober 1, 1983); 

14 (C) rent supplement payments under sec15 tion 101 of the Housing and Urban Develop16 ment Act of 1965; 

17 (D) interest reduction payments under sec18 tion 236 and/or additional assistance payments 

19 under section 236(f)(2) of the National Hous20 ing Act; and 

21 (E) assistance payments made under sec22 tion 202(c)(2) of the Housing Act of 1959; 

23 (4) the term ‘‘receiving project or projects’’ 

24 means the multifamily housing project or projects to 

25 which some or all of the project-based assistance, 


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1 debt, and statutorily required use low-income and 

2 very low-income restrictions are to be transferred; 

3 (5) the term ‘‘transferring project’’ means the 

4 multifamily housing project which is transferring 

5 some or all of the project-based assistance, debt and 

6 the statutorily required low-income and very low-in7 come use restrictions to the receiving project or 

8 projects; and 

9 (6) the term ‘‘Secretary’’ means the Secretary 

10 of Housing and Urban Development. 

11 SEC. 214. The funds made available for Native Alas12 kans under the heading ‘‘Native American Housing Block 

13 Grants’’ in title II of this Act shall be allocated to the 

14 same Native Alaskan housing block grant recipients that 

15 received funds in fiscal year 2005. 

16 SEC. 215. No funds provided under this title may be 

17 used for an audit of the Government National Mortgage 

18 Association that makes applicable requirements under the 

19 Federal Credit Reform Act of 1990 (2 U.S.C. 661 et seq.). 

20 SEC. 216. (a) No assistance shall be provided under 

21 section 8 of the United States Housing Act of 1937 (42 

22 U.S.C. 1437f) to any individual who— 

23 (1) is enrolled as a student at an institution of 

24 higher education (as defined under section 102 of 


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1 the Higher Education Act of 1965 (20 U.S.C. 

2 1002)); 

3 (2) is under 24 years of age; 

4 (3) is not a veteran; 

5 (4) is unmarried; 

6 (5) does not have a dependent child; 

7 (6) is not a person with disabilities, as such 

8 term is defined in section 3(b)(3)(E) of the United 

9 States Housing Act of 1937 (42 U.S.C. 

10 1437a(b)(3)(E)) and was not receiving assistance 

11 under such section 8 as of November 30, 2005; and 

12 (7) is not otherwise individually eligible, or has 

13 parents who, individually or jointly, are not eligible, 

14 to receive assistance under section 8 of the United 

15 States Housing Act of 1937 (42 U.S.C. 1437f). 

16 (b) For purposes of determining the eligibility of a 

17 person to receive assistance under section 8 of the United 

18 States Housing Act of 1937 (42 U.S.C. 1437f), any finan19 cial assistance (in excess of amounts received for tuition) 

20 that an individual receives under the Higher Education 

21 Act of 1965 (20 U.S.C. 1001 et seq.), from private 

22 sources, or an institution of higher education (as defined 

23 under the Higher Education Act of 1965 (20 U.S.C. 

24 1002)), shall be considered income to that individual, exVerDate Nov 24 2008 21:12 Jul 22, 2009 Jkt 079200 PO 00000 Frm 00130 Fmt 6652 Sfmt 6201 E:\BILLS\H3288.RH H3288

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1 cept for a person over the age of 23 with dependent chil2 dren. 

3 SEC. 217. Notwithstanding the limitation in the first 

4 sentence of section 255(g) of the National Housing Act 

5 (12 U.S.C. 1715z—20(g)), the Secretary of Housing and 

6 Urban Development may, until September 30, 2010, in7 sure and enter into commitments to insure mortgages 

8 under section 255 of the National Housing Act (12 U.S.C. 

9 1715z—20). 

10 SEC. 218. Notwithstanding any other provision of 

11 law, in fiscal year 2010, in managing and disposing of any 

12 multifamily property that is owned or has a mortgage held 

13 by the Secretary of Housing and Urban Development, the 

14 Secretary shall maintain any rental assistance payments 

15 under section 8 of the United States Housing Act of 1937 

16 and other programs that are attached to any dwelling 

17 units in the property. To the extent the Secretary deter18 mines, in consultation with the tenants and the local gov19 ernment, that such a multifamily property owned or held 

20 by the Secretary is not feasible for continued rental assist21 ance payments under such section 8 or other programs, 

22 based on consideration of (1) the costs of rehabilitating 

23 and operating the property and all available Federal, 

24 State, and local resources, including rent adjustments 

25 under section 524 of the Multifamily Assisted Housing 


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1 Reform and Affordability Act of 1997 (‘‘MAHRAA’’) and 

2 (2) environmental conditions that cannot be remedied in 

3 a cost-effective fashion, the Secretary may, in consultation 

4 with the tenants of that property, contract for project5 based rental assistance payments with an owner or owners 

6 of other existing housing properties, or provide other rent7 al assistance. The Secretary shall also take appropriate 

8 steps to ensure that project-based contracts remain in ef9 fect prior to foreclosure, subject to the exercise of contrac10 tual abatement remedies to assist relocation of tenants for 

11 imminent major threats to health and safety. After dis12 position of any multifamily property described under this 

13 section, the contract and allowable rent levels on such 

14 properties shall be subject to the requirements under sec15 tion 524 of MAHRAA. 

16 SEC. 219. During fiscal year 2010, in the provision 

17 of rental assistance under section 8(o) of the United 

18 States Housing Act of 1937 (42 U.S.C. 1437f(o)) in con19 nection with a program to demonstrate the economy and 

20 effectiveness of providing such assistance for use in as21 sisted living facilities that is carried out in the counties 

22 of the State of Michigan notwithstanding paragraphs (3) 

23 and (18)(B)(iii) of such section 8(o), a family residing in 

24 an assisted living facility in any such county, on behalf 

25 of which a public housing agency provides assistance purVerDate Nov 24 2008 21:12 Jul 22, 2009 Jkt 079200 PO 00000 Frm 00132 Fmt 6652 Sfmt 6201 E:\BILLS\H3288.RH H3288

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1 suant to section 8(o)(18) of such Act, may be required, 

2 at the time the family initially receives such assistance, 

3 to pay rent in an amount exceeding 40 percent of the 

4 monthly adjusted income of the family by such a percent5 age or amount as the Secretary of Housing and Urban 

6 Development determines to be appropriate. 

7 SEC. 220. The Secretary of Housing and Urban De8 velopment shall report quarterly to the House of Rep9 resentatives and Senate Committees on Appropriations on 

10 HUD’s use of all sole source contracts, including terms 

11 of the contracts, cost, and a substantive rationale for 

12 using a sole source contract. 

13 SEC. 221. Notwithstanding any other provision of 

14 law, the recipient of a grant under section 202b of the 

15 Housing Act of 1959 (12 U.S.C. 1701q—z) after Decem16 ber 26, 2000, in accordance with the unnumbered para17 graph at the end of section 202(b) of such Act, may, at 

18 its option, establish a single-asset nonprofit entity to own 

19 the project and may lend the grant funds to such entity, 

20 which may be a private nonprofit organization described 

21 in section 831 of the American Homeownership and Eco22 nomic Opportunity Act of 2000. 

23 SEC. 222. (a) The amounts provided under the sub24 heading ‘‘Program Account’’ under the heading ‘‘Commu25 nity Development Loan Guarantees’’ may be used to guarVerDate Nov 24 2008 21:12 Jul 22, 2009 Jkt 079200 PO 00000 Frm 00133 Fmt 6652 Sfmt 6201 E:\BILLS\H3288.RH H3288

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1 antee, or make commitments to guarantee, notes, or other 

2 obligations issued by any State on behalf of non-entitle3 ment communities in the State in accordance with the re4 quirements of section 108 of the Housing and Community 

5 Development Act of 1974: Provided, That, any State re6 ceiving such a guarantee or commitment shall distribute 

7 all funds subject to such guarantee to the units of general 

8 local government in non-entitlement areas that received 

9 the commitment. 

10 (b) Not later than 60 days after the date of enact11 ment of this Act, the Secretary of Housing and Urban 

12 Development shall promulgate regulations governing the 

13 administration of the funds described under subsection 

14 (a). 

15 SEC. 223. Section 24 of the United States Housing 

16 Act of 1937 (42 U.S.C. 1437v) is amended— 

17 (1) in subsection (m)(1), by striking ‘‘fiscal 

18 year’’ and all that follows through the period at the 

19 end and inserting ‘‘fiscal year 2010.’’; and 

20 (2) in subsection (o), by striking ‘‘September’’ 

21 and all that follows through the period at the end 

22 and inserting ‘‘September 30, 2010.’’. 

23 SEC. 224. Public housing agencies that own and oper24 ate 400 or fewer public housing units may elect to be ex25 empt from any asset management requirement imposed by 


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1 the Secretary of Housing and Urban Development in con2 nection with the operating fund rule: Provided, That an 

3 agency seeking a discontinuance of a reduction of subsidy 

4 under the operating fund formula shall not be exempt 

5 from asset management requirements. 

6 SEC. 225. With respect to the use of amounts pro7 vided in this Act and in future Acts for the operation, cap8 ital improvement and management of public housing as 

9 authorized by sections 9(d) and 9(e) of the United States 

10 Housing Act of 1937 (42 U.S.C. 1437g(d) and (e)), the 

11 Secretary shall not impose any requirement or guideline 

12 relating to asset management that restricts or limits in 

13 any way the use of capital funds for central office costs 

14 pursuant to section 9(g)(1) or 9(g)(2) of the United States 

15 Housing Act of 1937 (42 U.S.C. 1437g(g)(1), (2)): Pro16 vided, however, that a public housing agency may not use 

17 capital funds authorized under section 9(d) for activities 

18 that are eligible under section 9(e) for assistance with 

19 amounts from the operating fund in excess of the amounts 

20 permitted under section 9(g)(1) or 9(g)(2). 

21 SEC. 226. No official or employee of the Department 

22 of Housing and Urban Development shall be designated 

23 as an allotment holder unless the Office of the Chief Fi24 nancial Officer has determined that such allotment holder 

25 has implemented an adequate system of funds control and 


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1 has received training in funds control procedures and di2 rectives. The Chief Financial Officer shall ensure that, not 

3 later than 90 days after the date of enactment of this Act, 

4 there is a trained allotment holder for each HUD sub5 account under the headings ‘‘Executive Direction’’ and 

6 ‘‘Administration, Operations, and Management’’ as well as 

7 each account receiving appropriations for ‘‘personnel com8 pensation and benefits’’ within the Department of Hous9 ing and Urban Development. 

10 SEC. 227. Payment of attorney fees in program-re11 lated litigation must be paid from individual program of12 fice personnel benefits and compensation funding. The an13 nual budget submission for program office personnel ben14 efit and compensation funding must include program-re15 lated litigation costs for attorney fees as a separate line 

16 item request. 

17 SEC. 228. The Secretary of the Department of Hous18 ing and Urban Development shall for Fiscal Year 2010 

19 and subsequent fiscal years, notify the public through the 

20 Federal Register and other means, as determined appro21 priate, of the issuance of a notice of the availability of 

22 assistance or notice of funding availability (NOFA) for 

23 any program or discretionary fund administered by the 

24 Secretary that is to be competitively awarded. Notwith25 standing any other provision of law, for Fiscal Year 2010 


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1 and subsequent fiscal years, the Secretary may make the 

2 NOFA available only on the Internet at the appropriate 

3 government website or websites or through other electronic 

4 media, as determined by the Secretary. 

5 SEC. 229. Prepayment and Refinancing. 

6 (a) APPROVAL OF PREPAYMENT OF DEBT.—Upon 

7 request of the project sponsor of a project assisted with 

8 a loan under section 202 of the Housing Act of 1959 (as 

9 in effect before the enactment of the Cranston-Gonzalez 

10 National Affordable Housing Act), for which the Sec11 retary’s consent to prepayment is required, the Secretary 

12 shall approve the prepayment of any indebtedness to the 

13 Secretary relating to any remaining principal and interest 

14 under the loan as part of a prepayment plan under 

15 which— 

16 (1) the project sponsor agrees to operate the 

17 project until the maturity date of the original loan 

18 under terms at least as advantageous to existing and 

19 future tenants as the terms required by the original 

20 loan agreement or any project-based rental assist21 ance payments contract under section 8 of the 

22 United States Housing Act of 1937 (or any other 

23 project-based rental housing assistance programs of 

24 the Department of Housing and Urban Develop25 ment, including the rent supplement program under 


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1 section 101 of the Housing and Urban Development 

2 Act of 1965 (12 U.S.C. 1701s)) or any successor 

3 project-based rental assistance program, except as 

4 provided by subsection (a)(2)(B); and 

5 (2) the prepayment may involve refinancing of 

6 the loan if such refinancing results— 

7 (A) in a lower interest rate on the prin8 cipal of the loan for the project and in reduc9 tions in debt service related to such loan; or 

10 (B) in the case of a project that is assisted 

11 with a loan under such section 202 carrying an 

12 interest rate of 6 percent or lower, a trans13 action under which— 

14 (i) the project owner shall address the 

15 physical needs of the project; 

16 (ii) the prepayment plan for the trans17 action, including the refinancing, shall 

18 meet a cost benefit analysis, as established 

19 by the Secretary, that the benefit of the 

20 transaction outweighs the cost of the 

21 transaction including any increases in rent 

22 charged to unassisted tenants; 

23 (iii) the overall cost for providing 

24 rental assistance under section 8 for the 


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1 project (if any) is not increased, except, 

2 upon approval by the Secretary to— 

3 (I) mark-up-to-market contracts 

4 pursuant to section 524(a)(3) of the 

5 Multifamily Assisted Housing Reform 

6 and Affordability Act (42 U.S.C. 

7 1437f note), as such section is carried 

8 out by the Secretary for properties 

9 owned by nonprofit organizations; or 

10 (II) mark-up-to-budget contracts 

11 pursuant to section 524(a)(4) of the 

12 Multifamily Assisted Housing Reform 

13 and Affordability Act (42 U.S.C. 

14 1437f note), as such section is carried 

15 out by the Secretary for properties 

16 owned by eligible owners ( as such 

17 term is defined in section 202(k) of 

18 the Housing Act of 1959 (12 U.S.C. 

19 1701q(k)); 

20 (iv) the project owner may charge ten21 ants rent sufficient to meet debt service 

22 payments and operating cost requirements, 

23 as approved by the Secretary, if project24 based rental assistance is not available or 

25 is insufficient for the debt service and opVerDate Nov 24 2008 21:12 Jul 22, 2009 Jkt 079200 PO 00000 Frm 00139 Fmt 6652 Sfmt 6201 E:\BILLS\H3288.RH H3288

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1 erating cost of the project after refi2 nancing. Such approval by the Secretary— 

3 (I) shall be the basis for the 

4 owner to agree to terminate the 

5 project-based rental assistance con6 tract that is insufficient for the debt 

7 service and operating cost of the 

8 project after refinancing; and 

9 (II) shall be an eligibility event 

10 for the project for purposes of section 

11 8(t) of the United States Housing Act 

12 of 1937 (42 U.S.C. 1437f(t)); 

13 (v) units to be occupied by tenants as14 sisted under section 8(t) of the United 

15 States Housing Act of 1937 (42 U.S.C. 

16 1437f(t)) shall, upon termination of the oc17 cupancy of such tenants, become eligible 

18 for project-based assistance under section 

19 8(o)(13) of the United States Housing Act 

20 of 1937 (42 U.S.C. 1437f(o)(13)) without 

21 regard to the percentage limitations pro22 vided in such section; and 

23 (vi) there shall be a use agreement of 

24 20 years from the date of the maturity 

25 date of the original 202 loan for all units, 


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1 including units to be occupied by tenants 

2 assisted under section 8(t) of the United 

3 States Housing Act of 1937 (42 U.S.C. 

4 1437f(t)). 

5 SEC. 230. No property identified by the Secretary of 

6 Housing and Urban Development as surplus Federal prop7 erty for use to assist the homeless shall be made available 

8 to any homeless group unless the group is a member in 

9 good standing under any of HUD’s homeless assistance 

10 programs or is in good standing with any other program 

11 which receives funds from any other Federal or State 

12 agency or entity: Provided, That an exception may be 

13 made for an entity not involved with Federal homeless pro14 grams to use surplus Federal property for the homeless 

15 only after the Secretary or another responsible Federal 

16 agency has fully and comprehensively reviewed all relevant 

17 finances of the entity, the track record of the entity in 

18 assisting the homeless, the ability of the entity to manage 

19 the property, including all costs, the ability of the entity 

20 to administer homeless programs in a manner that is ef21 fective to meet the needs of the homeless population that 

22 is expected to use the property and any other related 

23 issues that demonstrate a commitment to assist the home24 less: Provided further, That the Secretary shall not require 

25 the entity to have cash in hand in order to demonstrate 


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1 financial ability but may rely on the entity’s prior dem2 onstrated fundraising ability or commitments for in-kind 

3 donations of goods and services: Provided further, That 

4 the Secretary shall make all such information and its deci5 sion regarding the award of the surplus property available 

6 to the committees of jurisdiction, including a full justifica7 tion of the appropriateness of the use of the property to 

8 assist the homeless as well as the appropriateness of the 

9 group seeking to obtain the property to use such property 

10 to assist the homeless: Provided further, That, this section 

11 shall apply to properties in fiscal year 2009 and 2010 

12 made available as surplus Federal property for use to as13 sist the homeless. 

14 SEC. 231. The Secretary of the Department of Hous15 ing and Urban Development is authorized to transfer up 

16 to 5 percent of funds appropriated for any account under 

17 this title under the heading ‘‘Personnel Compensation and 

18 Benefits’’ to any other account under this title under the 

19 heading ‘‘Personnel Compensation and Benefits’’ only 

20 after such transfer has been submitted to, and received 

21 prior written approval by, the House and Senate Commit22 tees on Appropriations: Provided, That, no appropriation 

23 for any such account shall be increased or decreased by 

24 more than 10 percent by all such transfers. 


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1 SEC. 232. The Disaster Housing Assistance Pro2 grams, administered by the Department of Housing and 

3 Urban Development, shall be considered a ‘‘program of 

4 the Department of Housing and Urban Development’’ 

5 under section 904 of the McKinney Act for the purpose 

6 of income verifications and matching. 

7 SEC. 233. FHA Loan Limits for fiscal year 2010. (a) 

8 LOAN LIMIT FLOOR BASED ON 2008 LEVELS- For 

9 mortgages for which the mortgagee issues credit approval 

10 for the borrower during fiscal year 2010, if the dollar 

11 amount limitation on the principal obligation of a mort12 gage determined under section 203(b)(2) of the National 

13 Housing Act (12 U.S.C. 1709(b)(2)) for any size residence 

14 for any area is less than such dollar amount limitation 

15 that was in effect for such size residence for such area 

16 for 2008 pursuant to section 202 of the Economic Stim17 ulus Act of 2008 (Public Law 110-185; 122 Stat. 620), 

18 notwithstanding any other provision of law, the maximum 

19 dollar amount limitation on the principal obligation of a 

20 mortgage for such size residence for such area for pur21 poses of such section 203(b)(2) shall be considered (except 

22 for purposes of section 255(g) of such Act (12 U.S.C. 

23 1715z-20(g))) to be such dollar amount limitation in effect 

24 for such size residence for such area for 2008. (b) Discre25 tionary Authority for Sub-Areas- Notwithstanding any 


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1 other provision of law, if the Secretary of Housing and 

2 Urban Development determines, for any geographic area 

3 that is smaller than an area for which dollar amount limi4 tations on the principal obligation of a mortgage are deter5 mined under section 203(b)(2) of the National Housing 

6 Act, that a higher such maximum dollar amount limitation 

7 is warranted for any particular size or sizes of residences 

8 in such sub-area by higher median home prices in such 

9 sub-area, the Secretary may, for mortgages for which the 

10 mortgagee issues credit approval for the borrower during 

11 fiscal year 2010, increase the maximum dollar amount 

12 limitation for such size or sizes of residences for such sub13 area that is otherwise in effect (including pursuant to sub14 section (a) of this section), but in no case to an amount 

15 that exceeds the amount specified in section 202(a)(2) of 

16 the Economic Stimulus Act of 2008. 

17 SEC. 234. GSE Conforming Loan Limits for fiscal 

18 year 2010. (a) Loan Limit Floor Based on 2008 Levels19 For mortgages originated during fiscal year 2010, if the 

20 limitation on the maximum original principal obligation of 

21 a mortgage that may be purchased by the Federal Na22 tional Mortgage Association or the Federal Home Loan 

23 Mortgage Corporation determined under section 302(b)(2) 

24 of the Federal National Mortgage Association Charter Act 

25 (12 U.S.C. 1717(b)(2)) or section 305(a)(2) of the FedVerDate Nov 24 2008 21:12 Jul 22, 2009 Jkt 079200 PO 00000 Frm 00144 Fmt 6652 Sfmt 6201 E:\BILLS\H3288.RH H3288

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1 eral Home Loan Mortgage Corporation Act (12 U.S.C. 

2 1754(a)(2)), respectively, for any size residence for any 

3 area is less than such maximum original principal obliga4 tion limitation that was in effect for such size residence 

5 for such area for 2008 pursuant to section 201 of the Eco6 nomic Stimulus Act of 2008 (Public Law 110-185; 122 

7 Stat. 619), notwithstanding any other provision of law, the 

8 limitation on the maximum original principal obligation of 

9 a mortgage for such Association and Corporation for such 

10 size residence for such area shall be such maximum limita11 tion in effect for such size residence for such area for 

12 2008. (b) Discretionary Authority for Sub-Areas- Not13 withstanding any other provision of law, if the Director 

14 of the Federal Housing Finance Agency determines, for 

15 any geographic area that is smaller than an area for which 

16 limitations on the maximum original principal obligation 

17 of a mortgage are determined for the Federal National 

18 Mortgage Association or the Federal Home Loan Mort19 gage Corporation, that a higher such maximum original 

20 principal obligation limitation is warranted for any par21 ticular size or sizes of residences in such sub-area by high22 er median home prices in such sub-area, the Director may, 

23 for mortgages originated during fiscal year 2010, increase 

24 the maximum original principal obligation limitation for 

25 such size or sizes of residences for such sub-area that is 


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1 otherwise in effect (including pursuant to subsection (a) 

2 of this section) for such Association and Corporation, but 

3 in no case to an amount that exceeds the amount specified 

4 in the matter following the comma in section 201(a)(1)(B) 

5 of the Economic Stimulus Act of 2008. 

6 SEC. 235. FHA Reverse Mortgage Loan Limits for 

7 fiscal year 2010. For mortgages for which the mortgagee 

8 issues credit approval for the borrower during fiscal year 

9 2010, the second sentence of section 255(g) of the Na10 tional Housing Act (12 U.S.C. 1715z-20(g)) shall be con11 sidered to require that in no case may the benefits of in12 surance under such section 255 exceed 150 percent of the 

13 maximum dollar amount in effect under the sixth sentence 

14 of section 305(a)(2) of the Federal Home Loan Mortgage 

15 Corporation Act (12 U.S.C. 1454(a)(2)). 

16 This title may be cited as the ‘‘Department of Hous17 ing and Urban Development Appropriations Act, 2010’’. 

18 TITLE III 

19 RELATED AGENCIES 

20 ARCHITECTURAL AND TRANSPORTATION BARRIERS

21 COMPLIANCE BOARD

22 SALARIES AND EXPENSES

23 For expenses necessary for the Architectural and 

24 Transportation Barriers Compliance Board, as authorized 

25 by section 502 of the Rehabilitation Act of 1973, as 


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1 amended, $7,200,000: Provided, That, notwithstanding 

2 any other provision of law, there may be credited to this 

3 appropriation funds received for publications and training 

4 expenses. 

5 FEDERAL MARITIME COMMISSION

6 SALARIES AND EXPENSES

7 For necessary expenses of the Federal Maritime 

8 Commission as authorized by section 201(d) of the Mer9 chant Marine Act, 1936, as amended (46 U.S.C. App. 

10 1111), including services as authorized by 5 U.S.C. 3109; 

11 hire of passenger motor vehicles as authorized by 31 

12 U.S.C. 1343(b); and uniforms or allowances therefore, as 

13 authorized by 5 U.S.C. 5901–5902, $23,712,000: Pro14 vided, That not to exceed $2,000 shall be available for offi15 cial reception and representation expenses. 

16 NATIONAL TRANSPORTATION SAFETY BOARD

17 SALARIES AND EXPENSES

18 For necessary expenses of the National Transpor19 tation Safety Board, including hire of passenger motor ve20 hicles and aircraft; services as authorized by 5 U.S.C. 

21 3109, but at rates for individuals not to exceed the per 

22 diem rate equivalent to the rate for a GS–15; uniforms, 

23 or allowances therefor, as authorized by law (5 U.S.C. 

24 5901–5902) $99,200,000, of which not to exceed $2,000 

25 may be used for official reception and representation exVerDate Nov 24 2008 21:12 Jul 22, 2009 Jkt 079200 PO 00000 Frm 00147 Fmt 6652 Sfmt 6201 E:\BILLS\H3288.RH H3288

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1 penses. The amounts made available to the National 

2 Transportation Safety Board in this Act include amounts 

3 necessary to make lease payments on an obligation in4 curred in fiscal year 2001 for a capital lease. Of the funds 

5 provided, up to $100,000 shall be provided through reim6 bursement to the Department of Transportation’s Office 

7 of Inspector General to audit the National Transportation 

8 Safety Board’s financial statements. 

9 NEIGHBORHOOD REINVESTMENT CORPORATION

10 PAYMENT TO THE NEIGHBORHOOD REINVESTMENT

11 CORPORATION

12 For payment to the Neighborhood Reinvestment Cor13 poration for use in neighborhood reinvestment activities, 

14 as authorized by the Neighborhood Reinvestment Corpora15 tion Act (42 U.S.C. 8101–8107), $133,000,000: Provided, 

16 That Section 605(a) of the Neighborhood Reinvestment 

17 Corporation Act (42 U.S.C. 8104(a)) is amended by add18 ing at the end of the first sentence, prior to the period, 

19 ‘‘, except that the board-appointed officers may be paid 

20 salary at a rate not to exceed level II of the Executive 

21 Schedule’’: Provided further, That in addition, 

22 $63,800,000 shall be made available until expended to the 

23 Neighborhood Reinvestment Corporation for mortgage 

24 foreclosure mitigation activities, under the following terms 

25 and conditions: 


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1 (1) The Neighborhood Reinvestment Corpora2 tion (‘‘NRC’’), shall make grants to counseling inter3 mediaries approved by the Department of Housing 

4 and Urban Development (HUD) (with match to be 

5 determined by the NRC based on affordability and 

6 the economic conditions of an area; a match also 

7 may be waived by the NRC based on the aforemen8 tioned conditions) to provide mortgage foreclosure 

9 mitigation assistance primarily to States and areas 

10 with high rates of defaults and foreclosures pri11 marily in the subprime housing market to help elimi12 nate the default and foreclosure of mortgages of 

13 owner-occupied single-family homes that are at risk 

14 of such foreclosure. Other than areas with high rates 

15 of defaults and foreclosures, grants may also be pro16 vided to approved counseling intermediaries based on 

17 a geographic analysis of the Nation by the NRC 

18 which determines where there is a prevalence of 

19 subprime mortgages that are risky and likely to fail, 

20 including any trends for mortgages that are likely to 

21 default and face foreclosure. A State Housing Fi22 nance Agency may also be eligible where the State 

23 Housing Finance Agency meets all the requirements 

24 under this paragraph. A HUD-approved counseling 

25 intermediary shall meet certain mortgage foreclosure 


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1 mitigation assistance counseling requirements, as de2 termined by the NRC, and shall be approved by 

3 HUD or the NRC as meeting these requirements. 

4 (2) Mortgage foreclosure mitigation assistance 

5 shall only be made available to homeowners of 

6 owner-occupied homes with mortgages in default or 

7 in danger of default. These mortgages shall likely be 

8 subject to a foreclosure action and homeowners will 

9 be provided such assistance that shall consist of ac10 tivities that are likely to prevent foreclosures and re11 sult in the long-term affordability of the mortgage 

12 retained pursuant to such activity or another posi13 tive outcome for the homeowner. No funds made 

14 available under this paragraph may be provided di15 rectly to lenders or homeowners to discharge out16 standing mortgage balances or for any other direct 

17 debt reduction payments. 

18 (3) The use of Mortgage Foreclosure Mitigation 

19 Assistance by approved counseling intermediaries 

20 and State Housing Finance Agencies shall involve a 

21 reasonable analysis of the borrower’s financial situa22 tion, an evaluation of the current value of the prop23 erty that is subject to the mortgage, counseling re24 garding the assumption of the mortgage by another 

25 non-Federal party, counseling regarding the possible 


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1 purchase of the mortgage by a non-Federal third 

2 party, counseling and advice of all likely restruc3 turing and refinancing strategies or the approval of 

4 a work-out strategy by all interested parties. 

5 (4) NRC may provide up to 15 percent of the 

6 total funds under this paragraph to its own charter 

7 members with expertise in foreclosure prevention 

8 counseling, subject to a certification by the NRC 

9 that the procedures for selection do not consist of 

10 any procedures or activities that could be construed 

11 as an unacceptable conflict of interest or have the 

12 appearance of impropriety. 

13 (5) HUD-approved counseling entities and 

14 State Housing Finance Agencies receiving funds 

15 under this paragraph shall have demonstrated expe16 rience in successfully working with financial institu17 tions as well as borrowers facing default, delin18 quency and foreclosure as well as documented coun19 seling capacity, outreach capacity, past successful 

20 performance and positive outcomes with documented 

21 counseling plans (including post mortgage fore22 closure mitigation counseling), loan workout agree23 ments and loan modification agreements. NRC may 

24 use other criteria to demonstrate capacity in under25 served areas. 


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1 (6) Of the total amount made available under 

2 this paragraph, up to $3,000,000 may be made 

3 available to build the mortgage foreclosure and de4 fault mitigation counseling capacity of counseling 

5 intermediaries through NRC training courses with 

6 HUD-approved counseling intermediaries and their 

7 partners, except that private financial institutions 

8 that participate in NRC training shall pay market 

9 rates for such training. 

10 (7) Of the total amount made available under 

11 this paragraph, up to 4 percent may be used for as12 sociated administrative expenses for the NRC to 

13 carry out activities provided under this section. 

14 (8) Mortgage foreclosure mitigation assistance 

15 grants may include a budget for outreach and adver16 tising, and training, as determined by the NRC. 

17 (9) The NRC shall report bi-annually to the 

18 House and Senate Committees on Appropriations as 

19 well as the Senate Banking Committee and House 

20 Financial Services Committee on its efforts to miti21 gate mortgage default. Such reports shall identify 

22 successful strategies and methods for preserving 

23 homeownership and the long-term affordability of at24 risk mortgages and shall include recommended ef25 forts that will or likely can assist in the success of 


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1 this program as well as an analysis of any policy and 

2 procedures that failed to result in successful mort3 gage foreclosure mitigation. The report shall include 

4 an analysis of the details and use of any post mitiga5 tion counseling of assisted borrowers designed to en6 sure the continued long-term affordability of the 

7 mortgages which were the subject of the mortgage 

8 foreclosure mitigation assistance. 

9 UNITED STATES INTERAGENCY COUNCIL ON

10 HOMELESSNESS

11 OPERATING EXPENSES

12 For necessary expenses (including payment of sala13 ries, authorized travel, hire of passenger motor vehicles, 

14 the rental of conference rooms, and the employment of ex15 perts and consultants under section 3109 of title 5, United 

16 States Code) of the United States Interagency Council on 

17 Homelessness in carrying out the functions pursuant to 

18 title II of the McKinney-Vento Homeless Assistance Act, 

19 as amended, $2,400,000. 

20 TITLE IV 

21 GENERAL PROVISIONS—THIS ACT 

22 SEC. 401. Such sums as may be necessary for fiscal 

23 year 2010 pay raises for programs funded in this Act shall 

24 be absorbed within the levels appropriated in this Act or 

25 previous appropriations Acts. 


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1 SEC. 402. None of the funds in this Act shall be used 

2 for the planning or execution of any program to pay the 

3 expenses of, or otherwise compensate, non-Federal parties 

4 intervening in regulatory or adjudicatory proceedings 

5 funded in this Act. 

6 SEC. 403. None of the funds appropriated in this Act 

7 shall remain available for obligation beyond the current 

8 fiscal year, nor may any be transferred to other appropria9 tions, unless expressly so provided herein. 

10 SEC. 404. The expenditure of any appropriation 

11 under this Act for any consulting service through procure12 ment contract pursuant to section 3109 of title 5, United 

13 States Code, shall be limited to those contracts where such 

14 expenditures are a matter of public record and available 

15 for public inspection, except where otherwise provided 

16 under existing law, or under existing Executive order 

17 issued pursuant to existing law. 

18 SEC. 405. Except as otherwise provided in this Act, 

19 none of the funds provided in this Act, provided by pre20 vious appropriations Acts to the agencies or entities fund21 ed in this Act that remain available for obligation or ex22 penditure in fiscal year 2010, or provided from any ac23 counts in the Treasury derived by the collection of fees 

24 and available to the agencies funded by this Act, shall be 

25 available for obligation or expenditure through a reVerDate Nov 24 2008 21:12 Jul 22, 2009 Jkt 079200 PO 00000 Frm 00154 Fmt 6652 Sfmt 6201 E:\BILLS\H3288.RH H3288

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1 programming of funds that: (1) creates a new program; 

2 (2) eliminates a program, project, or activity; (3) increases 

3 funds or personnel for any program, project, or activity 

4 for which funds have been denied or restricted by the Con5 gress; (4) proposes to use funds directed for a specific ac6 tivity by either the House or Senate Committees on Ap7 propriations for a different purpose; (5) augments existing 

8 programs, projects, or activities in excess of $5,000,000 

9 or 10 percent, whichever is less; (6) reduces existing pro10 grams, projects, or activities by $5,000,000 or 10 percent, 

11 whichever is less; or (7) creates, reorganizes, or restruc12 tures a branch, division, office, bureau, board, commis13 sion, agency, administration, or department different from 

14 the budget justifications submitted to the Committees on 

15 Appropriations or the table accompanying the explanatory 

16 statement accompanying this Act, whichever is more de17 tailed, unless prior approval is received from the House 

18 and Senate Committees on Appropriations: Provided, That 

19 not later than 60 days after the date of enactment of this 

20 Act, each agency funded by this Act shall submit a report 

21 to the Committees on Appropriations of the Senate and 

22 of the House of Representatives to establish the baseline 

23 for application of reprogramming and transfer authorities 

24 for the current fiscal year: Provided further, That the re25 port shall include: (1) a table for each appropriation with 


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1 a separate column to display the President’s budget re2 quest, adjustments made by Congress, adjustments due to 

3 enacted rescissions, if appropriate, and the fiscal year en4 acted level; (2) a delineation in the table for each appro5 priation both by object class and program, project, and 

6 activity as detailed in the budget appendix for the respec7 tive appropriation; and (3) an identification of items of 

8 special congressional interest: Provided further, That the 

9 amount appropriated or limited for salaries and expenses 

10 for an agency shall be reduced by $100,000 per day for 

11 each day after the required date that the report has not 

12 been submitted to the Congress. 

13 SEC. 406. Except as otherwise specifically provided 

14 by law, not to exceed 50 percent of unobligated balances 

15 remaining available at the end of fiscal year 2010 from 

16 appropriations made available for salaries and expenses 

17 for fiscal year 2010 in this Act, shall remain available 

18 through September 30, 2011, for each such account for 

19 the purposes authorized: Provided, That a request shall 

20 be submitted to the House and Senate Committees on Ap21 propriations for approval prior to the expenditure of such 

22 funds: Provided further, That these requests shall be made 

23 in compliance with reprogramming guidelines under sec24 tion 405 of this Act. 


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1 SEC. 407. All Federal agencies and departments that 

2 are funded under this Act shall issue a report to the House 

3 and Senate Committees on Appropriations on all sole 

4 source contracts by no later than July 31, 2010. Such re5 port shall include the contractor, the amount of the con6 tract and the rationale for using a sole source contract. 

7 SEC. 408. (a) None of the funds made available in 

8 this Act may be obligated or expended for any employee 

9 training that— 

10 (1) does not meet identified needs for knowl11 edge, skills, and abilities bearing directly upon the 

12 performance of official duties; 

13 (2) contains elements likely to induce high lev14 els of emotional response or psychological stress in 

15 some participants; 

16 (3) does not require prior employee notification 

17 of the content and methods to be used in the train18 ing and written end of course evaluation; 

19 (4) contains any methods or content associated 

20 with religious or quasi-religious belief systems or 

21 ‘‘new age’’ belief systems as defined in Equal Em22 ployment Opportunity Commission Notice N– 

23 915.022, dated September 2, 1988; or 


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1 (5) is offensive to, or designed to change, par2 ticipants’ personal values or lifestyle outside the 

3 workplace. 

4 (b) Nothing in this section shall prohibit, restrict, or 

5 otherwise preclude an agency from conducting training 

6 bearing directly upon the performance of official duties. 

7 SEC. 409. No funds in this Act may be used to sup8 port any Federal, State, or local projects that seek to use 

9 the power of eminent domain, unless eminent domain is 

10 employed only for a public use: Provided, That for pur11 poses of this section, public use shall not be construed to 

12 include economic development that primarily benefits pri13 vate entities: Provided further, That any use of funds for 

14 mass transit, railroad, airport, seaport or highway projects 

15 as well as utility projects which benefit or serve the gen16 eral public (including energy-related, communication-re17 lated, water-related and wastewater-related infrastruc18 ture), other structures designated for use by the general 

19 public or which have other common-carrier or public-util20 ity functions that serve the general public and are subject 

21 to regulation and oversight by the government, and 

22 projects for the removal of an immediate threat to public 

23 health and safety or brownsfield as defined in the Small 

24 Business Liability Relief and Brownsfield Revitalization 


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1 Act (Public Law 107–118) shall be considered a public 

2 use for purposes of eminent domain. 

3 SEC. 410. None of the funds made available in this 

4 Act may be transferred to any department, agency, or in5 strumentality of the United States Government, except 

6 pursuant to a transfer made by, or transfer authority pro7 vided in, this Act or any other appropriations Act. 

8 SEC. 411. No part of any appropriation contained in 

9 this Act shall be available to pay the salary for any person 

10 filling a position, other than a temporary position, for11 merly held by an employee who has left to enter the Armed 

12 Forces of the United States and has satisfactorily com13 pleted his period of active military or naval service, and 

14 has within 90 days after his release from such service or 

15 from hospitalization continuing after discharge for a pe16 riod of not more than 1 year, made application for restora17 tion to his former position and has been certified by the 

18 Office of Personnel Management as still qualified to per19 form the duties of his former position and has not been 

20 restored thereto. 

21 SEC. 412. No funds appropriated pursuant to this 

22 Act may be expended by an entity unless the entity agrees 

23 that in expending the assistance the entity will comply 

24 with sections 2 through 4 of the Act of March 3, 1933 


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1 (41 U.S.C. 10a–10c, popularly known as the ‘‘Buy Amer2 ican Act’’). 

3 SEC. 413. No funds appropriated or otherwise made 

4 available under this Act shall be made available to any 

5 person or entity that has been convicted of violating the 

6 Buy American Act (41 U.S.C. 10a–10c). 

7 This Act may be cited as the ‘‘Transportation, Hous8 ing and Urban Development, and Related Agencies Appro9 priations Act, 2010’’. 


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Union Calendar No. 119 

111TH CONGRESS 

1ST SESSION H. R. 3288 

[Report No. 111–218] 

A BILL 

Making appropriations for the Departments of 

poses. ending September 30, 2010, and for other puropment, and related agencies for the fiscal year Transportation, and Housing and Urban DevelJULY 22, 2009 

Committed to the Committee of the Whole House on the 

State of the Union and ordered to be printed 


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