II 
Calendar No. 153 
111TH CONGRESS 
1ST SESSION H. R. 3288 
[Report No. 111–69] 
IN THE SENATE OF THE UNITED STATES 
JULY 27, 2009 
Received; read twice and referred to the Committee on Appropriations 
AUGUST 5, 2009 
Reported by Mrs. MURRAY, with an amendment 
[Strike out all after the enacting clause and insert the part printed in italic] 
AN ACT 
Making appropriations for the Departments of Transpor-
tation, and Housing and Urban Development, and re-
lated agencies for the fiscal year ending September 30, 
2010, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
That the following sums are appropriated, out of any 
money in the Treasury not otherwise appropriated, for the 
Departments of Transportation, and Housing and Urban 
Development, and related agencies for the fiscal year end-
ing September 30, 2010, and for other purposes, namely:
TITLE I 
DEPARTMENT OF TRANSPORTATION 
OFFICE OF THE SECRETARY 
SALARIES AND EXPENSES 
For necessary expenses of the Office of the Secretary, 
$102,556,000 (reduced by $250,000), of which not to ex-
ceed $2,631,000, shall be available for the immediate Of-
fice of the Secretary; not to exceed $986,000, shall be 
available for the immediate Office of the Deputy Sec-
retary; not to exceed $20,359,000, shall be available for 
the
Office
of
the
General
Counsel;
not
to
exceed 
$11,100,000, shall be available for the Office of the Under 
Secretary of Transportation for Policy; not to exceed 
$10,559,000, shall be available for the Office of the Assist-
ant Secretary for Budget and Programs; not to exceed 
$2,440,000, shall be available for the Office of the Assist-
ant Secretary for Governmental Affairs; not to exceed 
$25,520,000, shall be available for the Office of the Assist-
ant
Secretary
for
Administration;
not
to
exceed 
$2,055,000, shall be available for the Office of Public Af-
fairs; not to exceed $1,658,000, shall be available for the 
Office
of
the
Executive
Secretariat;
not
to
exceed 
$1,433,000, shall be available for the Office of Small and 
Disadvantaged
Business
Utilization;
not
to
exceed 
$10,600,000, shall be available for the Office of Intel-
ligence, Security, and Emergency Response; and not to ex-
ceed $13,215,000 shall be available for the Office of the 
Chief Information Officer: Provided, That the Secretary 
of Transportation is authorized to transfer funds appro-
priated for any office of the Office of the Secretary to any 
other office of the Office of the Secretary: Provided fur-
ther, That no appropriation for any office shall be in-
creased or decreased by more than 5 percent by all such 
transfers: Provided further, That notice of any change in 
funding greater than 5 percent shall be submitted for ap-
proval to the House and Senate Committees on Appropria-
tions: Provided further, That not to exceed $60,000, shall 
be for allocation within the Department for official recep-
tion and representation expenses as the Secretary may de-
termine: Provided further, That notwithstanding any other 
provision of law, excluding fees authorized in Public Law 
107–71, there may be credited to this appropriation up 
to $2,500,000, in funds received in user fees: Provided fur-
ther, That none of the funds provided in this Act shall 
be available for the position of Assistant Secretary for 
Public Affairs. 
FINANCIAL MANAGEMENT CAPITAL 
For necessary expenses for upgrading and enhancing 
the Department of Transportation’s financial systems,
and reengineering business processes, $5,000,000 (re-
duced by $3,000,000), to remain available until expended. 
OFFICE OF CIVIL RIGHTS 
For necessary expenses of the Office of Civil Rights, 
$9,667,000. 
TRANSPORTATION PLANNING, RESEARCH, AND 
DEVELOPMENT 
For necessary expenses for conducting transportation 
planning, research, systems development, development ac-
tivities, and making grants, to remain available until ex-
pended, $14,733,000. 
WORKING CAPITAL FUND 
For necessary expenses for operating costs and cap-
ital outlays of the Working Capital Fund, not to exceed 
$147,569,000, shall be paid from appropriations made 
available to the Department of Transportation: Provided, 
That such services shall be provided on a competitive basis 
to entities within the Department of Transportation: Pro-
vided further, That the above limitation on operating ex-
penses shall not apply to non-DOT entities: Provided fur-
ther, That no funds appropriated in this Act to an agency 
of the Department shall be transferred to the Working 
Capital Fund without the approval of the agency modal 
administrator: Provided further, That no assessments may 
be levied against any program, budget activity, subactivity
or project funded by this Act unless notice of such assess-
ments and the basis therefor are presented to the House 
and Senate Committees on Appropriations and are ap-
proved by such Committees. 
MINORITY BUSINESS RESOURCE CENTER PROGRAM 
For the cost of guaranteed loans for short-term work-
ing capital, $342,000, as authorized by 49 U.S.C. 332: 
Provided, That such costs, including the cost of modifying 
such loans, shall be as defined in section 502 of the Con-
gressional Budget Act of 1974: Provided further, That 
these funds are available to subsidize total loan principal, 
any part of which is to be guaranteed, not to exceed 
$18,367,000. In addition, for administrative expenses to 
carry out the guaranteed loan program, $570,000. 
MINORITY BUSINESS OUTREACH 
For necessary expenses of Minority Business Re-
source Center outreach activities, $3,074,000, to remain 
available until September 30, 2011: Provided, That not-
withstanding 49 U.S.C. 332, these funds may be used for 
business opportunities related to any mode of transpor-
tation.
PAYMENTS TO AIR CARRIERS 
(AIRPORT AND AIRWAY TRUST FUND) 
(INCLUDING TRANSFER OF FUNDS) 
In addition to funds made available from any other 
source to carry out the Essential Air Service Program pur-
suant to 49 U.S.C. 41731 through 41742, $125,000,000, 
to be derived from the Airport and Airway Trust Fund, 
to remain available until expended: Provided, That, in de-
termining between or among carriers competing to provide 
service to a community, the Secretary may consider the 
relative subsidy requirements of the carriers: Provided fur-
ther, That, if the funds under this heading are insufficient 
to meet the costs of the Essential Air Service Program 
in the current fiscal year, the Secretary shall transfer such 
sums as may be necessary to carry out the Essential Air 
Service Program from any available amounts appropriated 
to or directly administered by the Office of the Secretary 
for such fiscal year. 
ADMINISTRATIVE PROVISIONS—OFFICE OF THE 
SECRETARY OF TRANSPORTATION 
SEC. 101. None of the funds made available in this 
Act to the Department of Transportation may be obligated 
for the Office of the Secretary of Transportation to ap-
prove assessments or reimbursable agreements pertaining 
to funds appropriated to the modal administrations in this
Act, except for activities underway on the date of enact-
ment of this Act, unless such assessments or agreements 
have completed the normal reprogramming process for 
Congressional notification. 
SEC. 102. None of the funds made available under 
this Act may be obligated or expended to establish or im-
plement a program under which essential air service com-
munities are required to assume subsidy costs commonly 
referred to as the EAS local participation program. 
SEC. 103. The Secretary or his or her designee may 
engage in activities with States and State legislators to 
consider proposals related to the reduction of motorcycle 
fatalities. 
FEDERAL AVIATION ADMINISTRATION 
OPERATIONS 
(AIRPORT AND AIRWAY TRUST FUND) 
For necessary expenses of the Federal Aviation Ad-
ministration, not otherwise provided for, including oper-
ations and research activities related to commercial space 
transportation, administrative expenses for research and 
development, establishment of air navigation facilities, the 
operation (including leasing) and maintenance of aircraft, 
subsidizing the cost of aeronautical charts and maps sold 
to the public, lease or purchase of passenger motor vehi-
cles for replacement only, in addition to amounts made
available by Public Law 108–176, $9,347,168,000, of 
which $5,190,798,000 shall be derived from the Airport 
and
Airway
Trust
Fund,
of
which
not
to
exceed 
$7,300,739,000 shall be available for air traffic organiza-
tion activities; not to exceed $1,231,765,000 shall be avail-
able
for
aviation
safety
activities;
not
to
exceed 
$14,737,000 (increased by $1,000,000) shall be available 
for commercial space transportation activities; not to ex-
ceed $113,681,000 shall be available for financial services 
activities; not to exceed $100,428,000 shall be available 
for human resources program activities; not to exceed 
$341,977,000 shall be available for region and center op-
erations and regional coordination activities; not to exceed 
$190,063,000 shall be available for staff offices; and not 
to exceed $49,778,000 (reduced by $1,000,000) shall be 
available for information services: Provided, That not to 
exceed 2 percent of any budget activity, except for aviation 
safety budget activity, may be transferred to any budget 
activity under this heading: Provided further, That no 
transfer may increase or decrease any appropriation by 
more than 2 percent: Provided further, That any transfer 
in excess of 2 percent shall be treated as a reprogramming 
of funds under section 405 of this Act and shall not be 
available for obligation or expenditure except in compli-
ance with the procedures set forth in that section: Pro-
vided further, That the Secretary utilize not less than 
$17,084,000 of the funds provided for aviation safety ac-
tivities to pay for staff increases in the Office of Aviation 
Flight Standards and the Office of Aircraft Certification: 
Provided further, That not later than March 31 of each 
fiscal year hereafter, the Administrator of the Federal 
Aviation Administration shall transmit to Congress an an-
nual update to the report submitted to Congress in De-
cember 2004 pursuant to section 221 of Public Law 108– 
176: Provided further, That funds may be used to enter 
into a grant agreement with a nonprofit standard-setting 
organization to assist in the development of aviation safety 
standards: Provided further, That none of the funds in this 
Act shall be available for new applicants for the second 
career training program: Provided further, That none of 
the funds in this Act shall be available for the Federal 
Aviation Administration to finalize or implement any regu-
lation that would promulgate new aviation user fees not 
specifically authorized by law after the date of the enact-
ment of this Act: Provided further, That there may be 
credited to this appropriation as offsetting collections 
funds received from States, counties, municipalities, for-
eign authorities, other public authorities, and private 
sources, including funds from fees authorized under Chap-
ter 453 of title 49, United States Code, other than those
authorized by Section 45301(a)(1) of that title, which 
shall be available for expenses incurred in the provision 
of agency services, including receipts for the maintenance 
and operation of air navigation facilities, and for issuance, 
renewal or modification of certificates, including airman, 
aircraft, and repair station certificates, or for tests related 
thereto, or for processing major repair or alteration forms: 
Provided further, That of the funds appropriated under 
this heading, not less than $9,500,000 shall be for the 
contract tower cost-sharing program: Provided further, 
That of the funds available under this heading not to ex-
ceed $500,000 shall be provided to the Department of 
Transportation’s Office of Inspector General through re-
imbursement to conduct the annual audits of financial 
statements in accordance with section 3521 of title 31, 
United States Code, and not to exceed $120,000 shall be 
provided to that office through reimbursement to conduct 
the annual Enterprise Services Center Statement on Au-
diting Standards 70 audit: Provided further, That none of 
the funds in this Act for aeronautical charting and cartog-
raphy are available for activities conducted by, or coordi-
nated through, the Working Capital Fund.
FACILITIES AND EQUIPMENT 
(AIRPORT AND AIRWAY TRUST FUND) 
For necessary expenses, not otherwise provided for, 
for acquisition, establishment, technical support services, 
improvement by contract or purchase, and hire of National 
Airspace Systems and experimental facilities and equip-
ment, as authorized under part A of subtitle VII of title 
49, United States Code, including initial acquisition of 
necessary sites by lease or grant; engineering and service 
testing, including construction of test facilities and acqui-
sition of necessary sites by lease or grant; construction 
and furnishing of quarters and related accommodations 
for officers and employees of the Federal Aviation Admin-
istration stationed at remote localities where such accom-
modations are not available; and the purchase, lease, or 
transfer of aircraft from funds available under this head-
ing, including aircraft for aviation regulation and certifi-
cation; to be derived from the Airport and Airway Trust 
Fund, $2,925,202,000, of which $2,455,202,000 shall re-
main available until September 30, 2012, and of which 
$470,000,000 shall remain available until September 30, 
2010: Provided, That there may be credited to this appro-
priation as offsetting collections funds received from 
States, counties, municipalities, other public authorities, 
and private sources, which shall be available for expenses
incurred in the establishment and modernization of air 
navigation facilities: Provided further, That upon initial 
submission to the Congress of the fiscal year 2011 Presi-
dent’s budget, the Secretary of Transportation shall trans-
mit to the Congress a comprehensive capital investment 
plan for the Federal Aviation Administration which in-
cludes funding for each budget line item for fiscal years 
2011 through 2015, with total funding for each year of 
the plan constrained to the funding targets for those years 
as estimated and approved by the Office of Management 
and Budget. 
RESEARCH, ENGINEERING, AND DEVELOPMENT 
(AIRPORT AND AIRWAY TRUST FUND) 
For necessary expenses, not otherwise provided for, 
for research, engineering, and development, as authorized 
under part A of subtitle VII of title 49, United States 
Code, including construction of experimental facilities and 
acquisition
of
necessary
sites
by
lease
or
grant, 
$195,000,000, to be derived from the Airport and Airway 
Trust Fund and to remain available until September 30, 
2012: Provided, That there may be credited to this appro-
priation as offsetting collections, funds received from 
States, counties, municipalities, other public authorities, 
and private sources, which shall be available for expenses 
incurred for research, engineering, and development.
GRANTS-IN-AID FOR AIRPORTS 
(LIQUIDATION OF CONTRACT AUTHORIZATION) 
(LIMITATION ON OBLIGATIONS) 
(AIRPORT AND AIRWAY TRUST FUND) 
For liquidation of obligations incurred for grants-in- 
aid for airport planning and development, and noise com-
patibility planning and programs as authorized under sub-
chapter I of chapter 471 and subchapter I of chapter 475 
of title 49, United States Code, and under other law au-
thorizing such obligations; for procurement, installation, 
and commissioning of runway incursion prevention devices 
and systems at airports of such title; for grants authorized 
under section 41743 of title 49, United States Code; and 
for inspection activities and administration of airport safe-
ty programs, including those related to airport operating 
certificates under section 44706 of title 49, United States 
Code, $3,000,000,000 to be derived from the Airport and 
Airway Trust Fund and to remain available until ex-
pended: Provided, That none of the funds under this head-
ing shall be available for the planning or execution of pro-
grams
the
obligations
for
which
are
in
excess
of 
$3,515,000,000 in fiscal year 2010, notwithstanding sec-
tion 47117(g) of title 49, United States Code: Provided 
further, That none of the funds under this heading shall 
be available for the replacement of baggage conveyor sys-
tems, reconfiguration of terminal baggage areas, or other 
airport improvements that are necessary to install bulk ex-
plosive detection systems: Provided further, That notwith-
standing any other provision of law, of funds limited under 
this heading, not more than $93,422,000 shall be obli-
gated for administration, not less than $15,000,000 shall 
be available for the airport cooperative research program, 
not less than $22,472,000 shall be for Airport Technology 
Research. 
ADMINISTRATIVE PROVISIONS—FEDERAL AVIATION 
ADMINISTRATION 
SEC. 110. None of the funds in this Act may be used 
to compensate in excess of 600 technical staff-years under 
the federally funded research and development center con-
tract between the Federal Aviation Administration and the 
Center for Advanced Aviation Systems Development dur-
ing fiscal year 2010. 
SEC. 111. None of the funds in this Act shall be used 
to pursue or adopt guidelines or regulations requiring air-
port sponsors to provide to the Federal Aviation Adminis-
tration without cost building construction, maintenance, 
utilities and expenses, or space in airport sponsor-owned 
buildings for services relating to air traffic control, air 
navigation, or weather reporting: Provided, That the pro-
hibition of funds in this section does not apply to negotia-
tions between the agency and airport sponsors to achieve 
agreement on ‘‘below-market’’ rates for these items or to 
grant assurances that require airport sponsors to provide 
land without cost to the FAA for air traffic control facili-
ties. 
SEC. 112. The Administrator of the Federal Aviation 
Administration may reimburse amounts made available to 
satisfy 49 U.S.C. 41742(a)(1) from fees credited under 
49 U.S.C. 45303: Provided, That during fiscal year 2010, 
49 U.S.C. 41742(b) shall not apply, and any amount re-
maining in such account at the close of that fiscal year 
may be made available to satisfy section 41742(a)(1) for 
the subsequent fiscal year. 
SEC. 113. Amounts collected under section 40113(e) 
of title 49, United States Code, shall be credited to the 
appropriation current at the time of collection, to be 
merged with and available for the same purposes of such 
appropriation. 
SEC. 114. (a) Section 44302(f)(1) of title 49, United 
States Code, is amended— 
(1) by striking ‘‘September 30, 2009,’’ and in-
serting ‘‘September 30, 2010,’’; and 
(2) by striking ‘‘December 31, 2009,’’ and in-
serting ‘‘December 31, 2010,’’.
(b) Section 44303(b) of such title is amended by 
striking ‘‘December 31, 2009,’’ and inserting ‘‘December 
31, 2010,’’. 
SEC. 115. None of the funds appropriated or limited 
by this Act may be used to change weight restrictions or 
prior permission rules at Teterboro airport in Teterboro, 
New Jersey. 
SEC. 116. None of the funds limited by this Act for 
grants under the Airport Improvement Program shall be 
made available to the sponsor of a commercial service air-
port if such sponsor fails to agree to a request from the 
Secretary of Transportation for cost-free space in a non- 
revenue producing, public use area of the airport terminal 
or other airport facilities for the purpose of carrying out 
a public service air passenger rights and consumer out-
reach campaign. 
SEC. 117. None of the funds in this Act shall be avail-
able for paying premium pay under 5 U.S.C. 5546(a) to 
any Federal Aviation Administration employee unless such 
employee actually performed work during the time cor-
responding to such premium pay. 
SEC. 118. None of the funds in this Act may be obli-
gated or expended for an employee of the Federal Aviation 
Administration to purchase a store gift card or gift certifi-
cate through use of a Government-issued credit card.
FEDERAL HIGHWAY ADMINISTRATION 
LIMITATION ON ADMINISTRATIVE EXPENSES 
(INCLUDING TRANSFER OF FUNDS) 
Not to exceed $413,533,000, together with advances 
and reimbursements received by the Federal Highway Ad-
ministration, shall be paid in accordance with law from 
appropriations made available by this Act to the Federal 
Highway Administration for necessary expenses for ad-
ministration and operation. In addition, not to exceed 
$3,524,000 shall be paid from appropriations made avail-
able by this Act and transferred to the Department of 
Transportation’s Office of Inspector General for costs as-
sociated with audits and investigations of projects and 
programs of the Federal Highway Administration, and not 
to exceed $285,000 shall be paid from appropriations 
made available by this Act and provided to that office 
through reimbursement to conduct the annual audits of 
financial statements in accordance with section 3521 of 
title 31, United States Code. In addition, not to exceed 
$3,220,000 shall be paid from appropriations made avail-
able by this Act and transferred to the Appalachian Re-
gional Commission in accordance with section 104 of title 
23, United States Code.
FEDERAL-AID HIGHWAYS 
(LIMITATION ON OBLIGATIONS) 
(HIGHWAY TRUST FUND) 
None of the funds in this Act shall be available for 
the implementation or execution of programs, the obliga-
tions for which are in excess of $41,107,000,000 for Fed-
eral-aid highways and highway safety construction pro-
grams for fiscal year 2010: Provided, That within the 
$41,107,000,000
obligation
limitation
on
Federal-aid 
highways and highway safety construction programs, not 
more than $429,800,000 shall be available for the imple-
mentation or execution of programs for transportation re-
search (chapter 5 of title 23, United States Code; sections 
111, 5505, and 5506 of title 49, United States Code; and 
title 5 of Public Law 109–59) for fiscal year 2010: Pro-
vided further, That this limitation on transportation re-
search programs shall not apply to any authority pre-
viously made available for obligation: Provided further, 
That the Secretary may, as authorized by section 605(b) 
of title 23, United States Code, collect and spend fees to 
cover the costs of services of expert firms, including coun-
sel, in the field of municipal and project finance to assist 
in the underwriting and servicing of Federal credit instru-
ments and all or a portion of the costs to the Federal Gov-
ernment of servicing such credit instruments: Provided
further, That such fees are available until expended to pay 
for such costs: Provided further, That such amounts are 
in addition to administrative expenses that are also avail-
able for such purpose, and are not subject to any obliga-
tion limitation or the limitation on administrative expenses 
under section 608 of title 23, United States Code. 
(LIQUIDATION OF CONTRACT AUTHORIZATION) 
(HIGHWAY TRUST FUND) 
For carrying out the provisions of title 23, United 
States Code, that are attributable to Federal-aid high-
ways, not otherwise provided, including reimbursement for 
sums expended pursuant to the provisions of 23 U.S.C. 
308, $41,846,000,000 or so much thereof as may be avail-
able in and derived from the Highway Trust Fund (other 
than the Mass Transit Account), to remain available until 
expended. 
SURFACE TRANSPORTATION PRIORITIES 
For the necessary expenses of certain highway and 
surface transportation projects, $125,700,000, to remain 
available until expended: Provided, That the amount pro-
vided under this heading shall be made available for the 
eligible programs, projects, and activities identified under 
this heading in the report accompanying this Act: Pro-
vided further, That a project is an eligible project under 
this heading if the project is eligible for assistance under
title 23 or chapter 53 of title 49, United States Code: Pro-
vided further, That funds provided under this heading 
shall be administered in the same manner as if such funds 
were apportioned under chapter 1 of title 23, United 
States Code, and the Federal share payable on account 
of any program, project, or activity carried out with funds 
made available under this heading shall be determined in 
accordance with section 120(b) of title 23, United States 
Code: Provided further, That notwithstanding any other 
provision of law and the preceding clauses of this provi-
sion, the Secretary of Transportation may use amounts 
made available under this heading to make grants for any 
surface transportation project otherwise eligible for fund-
ing under title 23 or title 49, United States Code. 
ADMINISTRATIVE PROVISIONS—FEDERAL HIGHWAY 
ADMINISTRATION 
SEC. 120. (a) For fiscal year 2010, the Secretary of 
Transportation shall— 
(1) not distribute from the obligation limitation 
for Federal-aid highways amounts authorized for ad-
ministrative
expenses
and
programs
by
section 
104(a) of title 23, United States Code; programs 
funded from the administrative takedown authorized 
by section 104(a)(1) of title 23, United States Code 
(as in effect on the day before the date of enactment
of the Safe, Accountable, Flexible, Efficient Trans-
portation Equity Act: A Legacy for Users); the high-
way use tax evasion program; and the Bureau of 
Transportation Statistics; 
(2) not distribute an amount from the obliga-
tion limitation for Federal-aid highways that is equal 
to the unobligated balance of amounts made avail-
able from the Highway Trust Fund (other than the 
Mass Transit Account) for Federal-aid highways and 
highway safety programs for previous fiscal years 
the funds for which are allocated by the Secretary; 
(3) determine the ratio that— 
(A) the obligation limitation for Federal- 
aid highways, less the aggregate of amounts not 
distributed under paragraphs (1) and (2), bears 
to 
(B) the total of the sums authorized to be 
appropriated
for
Federal-aid
highways
and 
highway safety construction programs (other 
than sums authorized to be appropriated for 
provisions of law described in paragraphs (1) 
through (9) of subsection (b) and sums author-
ized to be appropriated for section 105 of title 
23, United States Code, equal to the amount 
referred to in subsection (b)(10) for such fiscal
year), less the aggregate of the amounts not 
distributed under paragraphs (1) and (2) of 
this subsection; 
(4)(A) distribute the obligation limitation for 
Federal-aid highways, less the aggregate amounts 
not distributed under paragraphs (1) and (2), for 
sections 1301, 1302, and 1934 of the Safe, Account-
able, Flexible, Efficient Transportation Equity Act: 
A Legacy for Users; sections 117 (but individually 
for each project numbered 1 through 3676 listed in 
the table contained in section 1702 of the Safe, Ac-
countable, Flexible, Efficient Transportation Equity 
Act: A Legacy for Users) and section 144(g) of title 
23, United States Code; and section 14501 of title 
40, United States Code, so that the amount of obli-
gation authority available for each of such sections 
is equal to the amount determined by multiplying 
the ratio determined under paragraph (3) by the 
sums authorized to be appropriated for that section 
for the fiscal year; and 
(B) distribute $2,000,000,000 for section 
105 of title 23, United States Code; 
(5) distribute the obligation limitation provided 
for
Federal-aid
highways,
less
the
aggregate 
amounts not distributed under paragraphs (1) and
(2) and amounts distributed under paragraph (4), 
for each of the programs that are allocated by the 
Secretary under the Safe, Accountable, Flexible, Ef-
ficient Transportation Equity Act: A Legacy for 
Users and title 23, United States Code (other than 
to programs to which paragraphs (1) and (4) apply), 
by multiplying the ratio determined under paragraph 
(3) by the amounts authorized to be appropriated 
for each such program for such fiscal year; and 
(6) distribute the obligation limitation provided 
for
Federal-aid
highways,
less
the
aggregate 
amounts not distributed under paragraphs (1) and 
(2) and amounts distributed under paragraphs (4) 
and (5), for Federal-aid highways and highway safe-
ty construction programs (other than the amounts 
apportioned for the equity bonus program, but only 
to the extent that the amounts apportioned for the 
equity bonus program for the fiscal year are greater 
than $2,639,000,000, and the Appalachian develop-
ment highway system program) that are apportioned 
by the Secretary under the Safe, Accountable, Flexi-
ble, Efficient Transportation Equity Act: A Legacy 
for Users and title 23, United States Code, in the 
ratio that—
(A) amounts authorized to be appropriated 
for such programs that are apportioned to each 
State for such fiscal year, bear to 
(B) the total of the amounts authorized to 
be appropriated for such programs that are ap-
portioned to all States for such fiscal year. 
(b) EXCEPTIONS FROM OBLIGATION LIMITATION.— 
The obligation limitation for Federal-aid highways shall 
not apply to obligations: (1) under section 125 of title 23, 
United States Code; (2) under section 147 of the Surface 
Transportation Assistance Act of 1978; (3) under section 
9 of the Federal-Aid Highway Act of 1981; (4) under sub-
sections (b) and (j) of section 131 of the Surface Trans-
portation Assistance Act of 1982; (5) under subsections 
(b) and (c) of section 149 of the Surface Transportation 
and Uniform Relocation Assistance Act of 1987; (6) under 
sections 1103 through 1108 of the Intermodal Surface 
Transportation Efficiency Act of 1991; (7) under section 
157 of title 23, United States Code, as in effect on the 
day before the date of the enactment of the Transpor-
tation Equity Act for the 21st Century; (8) under section 
105 of title 23, United States Code, as in effect for fiscal 
years 1998 through 2004, but only in an amount equal 
to $639,000,000 for each of those fiscal years; (9) for 
Federal-aid highway programs for which obligation au-
thority was made available under the Transportation Eq-
uity Act for the 21st Century or subsequent public laws 
for multiple years or to remain available until used, but 
only to the extent that the obligation authority has not 
lapsed or been used; (10) under section 105 of title 23, 
United States Code, but only in an amount equal to 
$639,000,000 for each of fiscal years 2005 through 2010; 
and (11) under section 1603 of the Safe, Accountable, 
Flexible, Efficient Transportation Equity Act: A Legacy 
for Users, to the extent that funds obligated in accordance 
with that section were not subject to a limitation on obli-
gations at the time at which the funds were initially made 
available for obligation. 
(c) REDISTRIBUTION OF UNUSED OBLIGATION AU-
THORITY.—Notwithstanding subsection (a), the Secretary 
shall, after August 1 of such fiscal year, revise a distribu-
tion of the obligation limitation made available under sub-
section (a) if the amount distributed cannot be obligated 
during that fiscal year and redistribute sufficient amounts 
to those States able to obligate amounts in addition to 
those previously distributed during that fiscal year, giving 
priority to those States having large unobligated balances 
of funds apportioned under sections 104 and 144 of title 
23, United States Code.
Transportation Equity Act: A Legacy for Users may 
be obligated for any other project in such section in 
the same State. 
(2) RESTORATION.—Obligation authority used 
as described in paragraph (1) shall be restored to 
the original purpose on the date on which obligation 
authority is distributed under this section for the 
next fiscal year following obligation under paragraph 
(1). 
(h) LIMITATION ON STATUTORY CONSTRUCTION.— 
Nothing in this section shall be construed to limit the dis-
tribution
of
obligation
authority
under
subsection 
(a)(4)(A) for each of the individual projects numbered 
greater than 3676 listed in the table contained in section 
1702 of the Safe, Accountable, Flexible, Efficient Trans-
portation Equity Act: A Legacy for Users. 
SEC. 121. Notwithstanding 31 U.S.C. 3302, funds re-
ceived by the Bureau of Transportation Statistics from the 
sale of data products, for necessary expenses incurred pur-
suant to 49 U.S.C. 111 may be credited to the Federal- 
aid highways account for the purpose of reimbursing the 
Bureau for such expenses: Provided, That such funds shall 
be subject to the obligation limitation for Federal-aid 
highways and highway safety construction.
SEC. 122. (a) IN GENERAL.—Except as provided in 
subsection (b), none of the funds made available, limited, 
or otherwise affected by this Act shall be used to approve 
or otherwise authorize the imposition of any toll on any 
segment of highway located on the Federal-aid system in 
the State of Texas that— 
(1) as of the date of enactment of this Act, is 
not tolled; 
(2) is constructed with Federal assistance pro-
vided under title 23, United States Code; and 
(3) is in actual operation as of the date of en-
actment of this Act. 
(b) EXCEPTIONS.— 
(1) NUMBER OF TOLL LANES.—Subsection (a) 
shall not apply to any segment of highway on the 
Federal-aid system described in that subsection that, 
as of the date on which a toll is imposed on the seg-
ment, will have the same number of non-toll lanes as 
were in existence prior to that date. 
(2)
HIGH-OCCUPANCY
VEHICLE
LANES.—A 
high-occupancy vehicle lane that is converted to a 
toll lane shall not be subject to this section, and 
shall not be considered to be a non-toll lane for pur-
poses of determining whether a highway will have
fewer non-toll lanes than prior to the date of imposi-
tion of the toll, if— 
(A) high-occupancy vehicles occupied by 
the number of passengers specified by the enti-
ty operating the toll lane may use the toll lane 
without paying a toll, unless otherwise specified 
by the appropriate county, town, municipal or 
other local government entity, or public toll 
road or transit authority; or 
(B) each high-occupancy vehicle lane that 
was converted to a toll lane was constructed as 
a temporary lane to be replaced by a toll lane 
under a plan approved by the appropriate coun-
ty, town, municipal or other local government 
entity, or public toll road or transit authority. 
SEC. 123. (a) In the explanatory statement ref-
erenced in section 129 of division K of Public Law 110– 
161 (121 Stat. 2388), the item relating to ‘‘Route 5 Over-
pass and River Center, St. Mary’s County, MD’’ in the 
table of projects for such section 129 is deemed to be 
amended by striking ‘‘ ‘Route 5 Overpass and River Cen-
ter, St. Mary’s County, MD’’ and inserting ‘‘Safety Im-
provements and Traffic Calming Measures along Route 5 
at St. Mary’s County, MD’’.
(b) In the explanatory statement referenced in section 
186 of title I of division I of Public Law 111–8 (123 Stat. 
947), the item relating to ‘‘US 422 River Crossing Com-
plex Project, King of Prussia, PA’’ in the table of projects 
under the heading ‘‘Transportation, Community, and Sys-
tem Preservation Program’’ is deemed to be amended by 
striking ‘‘US 422 River Crossing Complex Project, King 
of Prussia, PA’’ and inserting ‘‘For closed loop signal con-
trol system and other improvements for Trooper Road in 
Lower Providence and West Norriton Townships, Mont-
gomery County, PA’’. 
(c) In the explanatory statement referenced in section 
186 of title I of division I of Public Law 111–8 (123 Stat. 
947), the item relating to ‘‘Improving the West Bank 
River Front, IL’’ in the table of projects under the head-
ing ‘‘Transportation, Community, and System Preserva-
tion Program’’ is deemed to be amended by striking ‘‘Im-
proving the West Bank River Front, IL’’ and inserting 
‘‘East Bank River Front and Bikeway Improvements, 
IL’’. 
(d) In the explanatory statement referenced in section 
186 of title I of division K of Public Law 110–161 (121 
Stat. 2406), as amended by section 129(d) of division I 
of Public Law 111–8 (123 Stat. 947), the item relating 
to ‘‘Repair of Side Streets and Relocation of Water Mains
resulting from rerouting of traffic and reconstruction of 
159th Street in Harvey, IL’’ in the table of projects under 
the heading ‘‘Transportation, Community, and System 
Preservation Program’’ is deemed to be amended by strik-
ing ‘‘Repair of Side Streets and Relocation of Water 
Mains resulting from rerouting of traffic and reconstruc-
tion of 159th Street in Harvey, IL’’ and inserting ‘‘Inter-
section Improvements on Crawford Avenue and 203rd 
Street in the Village of Olympia Fields, IL’’. 
(e) In the explanatory statement referenced in section 
129 of division K of Public Law 110–161 (121 Stat. 
2388), the item relating to ‘‘Study Improvements to 109th 
Avenue, Winfield, IN’’ in the table of projects for such 
section 129 is deemed to be amended by striking ‘‘Win-
field, IN’’ and inserting ‘‘Town of Winfield, City of Crown 
Point, Lake County, IN’’. 
(f) In the explanatory statement referenced in section 
186 of title I of division I of Public Law 111–8 (123 Stat. 
947), the item relating to ‘‘Ronald Reagan Parkway (Mid-
dle and Southern segments), Boone County, IN’’ in the 
table of projects under the heading ‘‘Transportation, Com-
munity, and System Preservation Program’’ is deemed to 
be amended by striking ‘‘Boone County’’ and inserting 
‘‘Hendricks County’’.
(g) In the explanatory statement referenced in section 
186 of title I of division I of Public Law 111–8 (123 Stat. 
947), the item relating to ‘‘Onville Road Intersection and 
Road-Widening Project, Prince William County, VA’’ in 
the table of projects under the heading ‘‘Federal Lands’’ 
is deemed to be amended by striking ‘‘Prince William’’ and 
inserting ‘‘Stafford’’. 
(h) In the explanatory statement referenced in section 
186 of title I of division I of Public Law 111–8 (123 Stat. 
947), the item relating to ‘‘U.S. 59/Alabama Grade Sepa-
ration Project, St. Joseph, MO’’ in the table of projects 
under
the
heading
‘‘Interstate
Maintenance
Discre-
tionary’’ is deemed to be amended by striking ‘‘U.S. 59/ 
Alabama Grade Separation Project, St. Joseph, MO’’ and 
inserting ‘‘I-29 Interchange Reconstruction in St. Joseph, 
MO’’. 
(i) In the explanatory statement referenced in section 
186 of title I of division I of Public Law 111–8 (123 Stat. 
947), the item relating to ‘‘Decking and Sidewalk Replace-
ment on the Central Avenue Overpass, South Charleston, 
WV’’ in the table of projects under the heading ‘‘Interstate 
Maintenance Discretionary’’ is deemed to be amended by 
striking ‘‘Decking and Sidewalk Replacement on the Cen-
tral Avenue Overpass, South Charleston, WV’’ and insert-
ing ‘‘General Interstate Maintenance, WV’’.
(j) In the explanatory statement referenced in section 
125 of title I of division I of Public Law 111–8 (123 Stat. 
928), the item relating to ‘‘Wapsi Great Western Line 
Trail, Mitchell County, IA’’ is deemed to be amended by 
striking ‘‘Mitchell County’’ and inserting ‘‘Mitchell and 
Howard Counties’’. 
(k) In the explanatory statement referenced in section 
125 of title I of division I of Public Law 111–8 (123 Stat. 
928), the item relating to ‘‘Highway 169 Corridor Project 
Environmental Assessment, Preliminary Engineering and 
Planning, Humboldt, IA’’ is deemed to be amended by 
striking ‘‘Corridor Project Environmental Assessment, 
Preliminary Engineering and Planning, Humboldt, IA’’ 
and inserting ‘‘Construction, Humboldt and Webster 
Counties, IA’’. 
(l) In the explanatory statement referenced in section 
125 of title I of division I of Public Law 111–8 (123 Stat. 
928), the item relating to ‘‘Highway 53 Interchanges, WI’’ 
is deemed to be amended by striking ‘‘Interchanges’’ and 
inserting ‘‘Intersections’’.
FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION 
MOTOR CARRIER SAFETY OPERATIONS AND PROGRAMS 
(LIQUIDATION OF CONTRACT AUTHORIZATION) 
(LIMITATION ON OBLIGATIONS) 
(HIGHWAY TRUST FUND) 
For payment of obligations incurred in the implemen-
tation, execution and administration of motor carrier safe-
ty operations and programs pursuant to section 31104(i) 
of title 49, United States Code, and sections 4127 and 
4134 of Public Law 109–59, $239,828,000, to be derived 
from the Highway Trust Fund (other than the Mass Tran-
sit Account), together with advances and reimbursements 
received by the Federal Motor Carrier Safety Administra-
tion: Provided, That none of the funds derived from the 
Highway Trust Fund in this Act shall be available for the 
implementation, execution or administration of programs, 
the obligations for which are in excess of $239,828,000, 
for ‘‘Motor Carrier Safety Operations and Programs’’, of 
which $8,500,000, is for the research and technology pro-
gram to remain available for obligation until September 
30, 2011, and $1,000,000 shall be available for commer-
cial motor vehicle operator’s grants to carry out section 
4134 of Public Law 109–59: Provided further, That not-
withstanding any other provision of law, none of the funds 
under this heading for outreach and education shall be
available for transfer: Provided further, That the Federal 
Motor Carrier Safety Administration shall transmit to 
Congress a report on March 30, 2010, and September 30, 
2010, on the agency’s ability to meet its requirement to 
conduct compliance reviews on high-risk carriers. 
MOTOR CARRIER SAFETY GRANTS 
(LIQUIDATION OF CONTRACT AUTHORIZATION) 
(LIMITATION ON OBLIGATIONS) 
(HIGHWAY TRUST FUND) 
For payment of obligations incurred in carrying out 
sections 31102, 31104(a), 31106, 31107, 31109, 31309, 
31313 of title 49, United States Code, and sections 4126 
and 4128 of Public Law 109–59, $310,070,000, to be de-
rived from the Highway Trust Fund (other than the Mass 
Transit Account): Provided, That none of the funds in this 
Act shall be available for the implementation or execution 
of programs, the obligations for which are in excess of 
$310,070,000, for ‘‘Motor Carrier Safety Grants’’; of 
which $212,070,000 shall be available for the motor car-
rier safety assistance program to carry out sections 31102 
and
31104(a)
of
title
49,
United
States
Code; 
$25,000,000, shall be available for the commercial driver’s 
license improvements program to carry out section 31313 
of title 49, United States Code; $32,000,000, shall be 
available for the border enforcement grants program to
carry out section 31107 of title 49, United States Code; 
$5,000,000, shall be available for the performance and 
registration information system management program to 
carry out sections 31106(b) and 31109 of title 49, United 
States Code; $25,000,000, shall be available for the com-
mercial vehicle information systems and networks deploy-
ment program to carry out section 4126 of Public Law 
109–59; $3,000,000, shall be available for the safety data 
improvement program to carry out section 4128 of Public 
Law 109–59; and $8,000,000, shall be available for the 
commercial driver’s license information system moderniza-
tion program to carry out section 31309(e) of title 49, 
United States Code: Provided further, That of the funds 
made available for the motor carrier safety assistance pro-
gram, $29,000,000, shall be available for audits of new 
entrant motor carriers. 
ADMINISTRATIVE PROVISIONS—FEDERAL MOTOR 
CARRIER SAFETY ADMINISTRATION 
SEC. 135. Funds appropriated or limited in this Act 
shall be subject to the terms and conditions stipulated in 
section 350 of Public Law 107–87 and section 6901 of 
Public Law 110–28, including that the Secretary submit 
a report to the House and Senate Appropriations Commit-
tees annually on the safety and security of transportation 
into the United States by Mexico-domiciled motor carriers.
NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION 
OPERATIONS AND RESEARCH 
For expenses necessary to discharge the functions of 
the Secretary, with respect to traffic and highway safety 
under subtitle C of title X of Public Law 109–59 and 
chapter 301 and part C of subtitle VI of title 49, United 
States Code, $131,736,000 (increased by $250,000), of 
which $32,045,000 shall remain available until September 
30, 2011: Provided, That none of the funds appropriated 
by this Act may be obligated or expended to plan, finalize, 
or implement any rulemaking to add to section 575.104 
of title 49 of the Code of Federal Regulations any require-
ment pertaining to a grading standard that is different 
from the three grading standards (treadwear, traction, 
and temperature resistance) already in effect. 
OPERATIONS AND RESEARCH 
(LIQUIDATION OF CONTRACT AUTHORIZATION) 
(LIMITATION ON OBLIGATIONS) 
(HIGHWAY TRUST FUND) 
For payment of obligations incurred in carrying out 
the provisions of 23 U.S.C. 403, $108,642,000 to be de-
rived from the Highway Trust Fund (other than the Mass 
Transit Account) and to remain available until expended: 
Provided, That none of the funds in this Act shall be avail-
able for the planning or execution of programs the total
obligations for which, in fiscal year 2010, are in excess 
of $108,642,000 for programs authorized under 23 U.S.C. 
403: Provided further, That within the $108,642,000 obli-
gation limitation for operations and research, $26,908,000 
shall remain available until September 30, 2011, and shall 
be in addition to the amount of any limitation imposed 
on obligations for future years. 
NATIONAL DRIVER REGISTER 
(LIQUIDATION OF CONTRACT AUTHORIZATION) 
(LIMITATION ON OBLIGATIONS) 
(HIGHWAY TRUST FUND) 
For payment of obligations incurred in carrying out 
chapter 303 of title 49, United States Code, $4,000,000, 
to be derived from the Highway Trust Fund (other than 
the Mass Transit Account) and to remain available until 
expended: Provided, That none of the funds in this Act 
shall be available for the implementation or execution of 
programs the total obligations for which, in fiscal year 
2010, are in excess of $4,000,000 for the National Driver 
Register authorized under such chapter. 
NATIONAL DRIVER REGISTER 
For an additional amount for the ‘‘National Driver 
Register’’ as authorized by chapter 303 of title 49, United 
States Code, $3,350,000, to remain available through Sep-
tember 30, 2011: Provided, That the funding made avail-
able under this heading shall be used to carry out the mod-
ernization of the National Driver Register. 
HIGHWAY TRAFFIC SAFETY GRANTS 
(LIQUIDATION OF CONTRACT AUTHORIZATION) 
(LIMITATION ON OBLIGATIONS) 
(HIGHWAY TRUST FUND) 
For payment of obligations incurred in carrying out 
the provisions of 23 U.S.C. 402, 405, 406, 408, and 410 
and sections 2001(a)(11), 2009, 2010, and 2011 of Public 
Law
109–59,
to
remain
available
until
expended, 
$619,500,000 to be derived from the Highway Trust Fund 
(other than the Mass Transit Account): Provided, That 
none of the funds in this Act shall be available for the 
planning or execution of programs the total obligations for 
which, in fiscal year 2010, are in excess of $619,500,000 
for programs authorized under 23 U.S.C. 402, 405, 406, 
408, and 410 and sections 2001(a)(11), 2009, 2010, and 
2011 of Public Law 109–59, of which $235,000,000 shall 
be for ‘‘Highway Safety Programs’’ under 23 U.S.C. 402; 
$25,000,000 shall be for ‘‘Occupant Protection Incentive 
Grants’’ under 23 U.S.C. 405; $124,500,000 shall be for 
‘‘Safety Belt Performance Grants’’ under 23 U.S.C. 406, 
and such obligation limitation shall remain available until 
September 30, 2011, in accordance with subsection (f) of 
such section 406 and shall be in addition to the amount
ADMINISTRATIVE PROVISIONS—NATIONAL HIGHWAY 
TRAFFIC SAFETY ADMINISTRATION 
SEC. 140. Notwithstanding any other provision of law 
or limitation on the use of funds made available under 
section 403 of title 23, United States Code, an additional 
$130,000 shall be made available to the National Highway 
Traffic Safety Administration, out of the amount limited 
for section 402 of title 23, United States Code, to pay 
for travel and related expenses for State management re-
views and to pay for core competency development train-
ing and related expenses for highway safety staff. 
SEC. 141. The limitations on obligations for the pro-
grams of the National Highway Traffic Safety Adminis-
tration set in this Act shall not apply to obligations for 
which obligation authority was made available in previous 
public laws for multiple years but only to the extent that 
the obligation authority has not lapsed or been used. 
FEDERAL RAILROAD ADMINISTRATION 
SAFETY AND OPERATIONS 
For necessary expenses of the Federal Railroad Ad-
ministration, not otherwise provided for, $172,533,000, of 
which $15,300,000 shall remain available until September 
30, 2011.
RAILROAD RESEARCH AND DEVELOPMENT 
For necessary expenses for railroad research and de-
velopment, $34,145,000 (increased by $3,000,000), to re-
main available until expended. 
RAILROAD REHABILITATION AND IMPROVEMENT 
FINANCING PROGRAM 
The Secretary of Transportation is authorized to 
issue to the Secretary of the Treasury notes or other obli-
gations pursuant to section 512 of the Railroad Revitaliza-
tion and Regulatory Reform Act of 1976 (Public Law 94– 
210), in such amounts and at such times as may be nec-
essary to pay any amounts required pursuant to the guar-
antee of the principal amount of obligations under sections 
511 through 513 of such Act, such authority to exist as 
long as any such guaranteed obligation is outstanding: 
Provided, That pursuant to section 502 of such Act, no 
new direct loans or loan guarantee commitments shall be 
made using Federal funds for the credit risk premium dur-
ing fiscal year 2010. 
RAIL LINE RELOCATION AND IMPROVEMENT PROGRAM 
For necessary expenses of carrying out section 20154 
of title 49, United States Code, $40,000,000, to remain 
available until expended.
CAPITAL ASSISTANCE FOR HIGH SPEED RAIL CORRIDORS 
AND INTERCITY PASSENGER RAIL SERVICE 
To enable the Secretary of Transportation to make 
passenger rail grants for capital projects as authorized 
under sections 26106 and 24406 of title 49, United States 
Code; the acquisition of new rolling stock; and to enter 
into
cooperative
agreements
for
these
purposes, 
$4,000,000,000, to remain available until September 30, 
2015: Provided, That $50,000,000 of funds provided 
under this paragraph are available to the Administrator 
of the Federal Railroad Administration to fund the award 
and oversight of financial assistance made under this 
paragraph: Provided further, That up to $30,000,000 of 
the funds provided under this paragraph are available to 
the Administrator for the purposes of conducting research 
and demonstrating technologies supporting the develop-
ment of passenger rail service that is expected to maintain 
an average speed of 110 miles per hour or is reasonably 
expected to reach speeds of at least 150 miles per hour, 
including the implementation of the Rail Cooperative Re-
search Program authorized by section 24910 of title 49, 
United
States
Code:
Provided
further,
That
up
to 
$50,000,000 of the funds provided under this paragraph 
may be used for planning activities that lead directly to 
the development of a passenger rail corridor investment
plan consistent with the requirements established by the 
Administrator or a state rail plan consistent with chapter 
227 of title 49, United States Code: Provided further, That 
the Secretary shall issue regulations covering application 
procedures and grant criteria for the passenger rail grants 
provided under this paragraph: Provided further, That the 
Federal share payable of the costs for which financial as-
sistance is made under this paragraph shall not exceed 
80 percent: Provided further, That in addition to the provi-
sions of title 49, United States Code, that apply to the 
passenger rail programs funded under this paragraph, sec-
tions 24402(a)(2), 24402(f), 24402(i), and 24403(a) and 
(c) of title 49, United States Code, shall also apply to the 
provision of funds provided under this paragraph: Pro-
vided further, That a project need not be in a state rail 
plan developed under chapter 227 of title 49, United 
States Code, to be eligible for assistance under this head-
ing: Provided further, That up to $5,000,000 of the funds 
provided under this paragraph are available to the Admin-
istrator for the purposes of implementing section 24316 
of title 49, United States Code: Provided further, That if 
legislation authorizing a national infrastructure bank is 
enacted prior to September 30, 2010, beginning on Octo-
ber 1, 2010, the Secretary of Transportation may use up 
to $2,000,000,000, of the amount appropriated in this
paragraph to carry out such legislation including by trans-
ferring funds to the appropriate Federal agency to carry 
out the national infrastructure bank: Provided further, 
That if legislation enacting a national infrastructure bank 
is not enacted by September 30, 2010, the Secretary may 
use an additional $20,000,000 of the funds available 
under this paragraph for the award and oversight of finan-
cial assistance made under this paragraph; Provided fur-
ther, That recipients of grants under this paragraph shall 
conduct all procurement transactions using such grant 
funds in a manner that provides full and open competition, 
as determined by the Secretary, in compliance with exist-
ing labor agreements. 
OPERATING GRANTS TO THE NATIONAL RAILROAD 
PASSENGER CORPORATION 
To enable the Secretary of Transportation to make 
quarterly grants to the National Railroad Passenger Cor-
poration for the operation of intercity passenger rail, as 
authorized by section 101(a) of the Passenger Rail Invest-
ment and Improvement Act of 2008 (division B of Public 
Law 110–432), $553,348,000, to remain available until 
September 30, 2010: Provided, That the amounts avail-
able under this heading shall be available for the Secretary 
to approve funding to cover operating losses for the Cor-
poration only after receiving and reviewing a grant request
for each specific train route: Provided further, That each 
such grant request shall be accompanied by a detailed fi-
nancial analysis, revenue projection, and capital expendi-
ture projection justifying the Federal support to the Sec-
retary’s satisfaction: Provided further, That the Secretary 
may retain up to one-half of one percent of the funds pro-
vided under this heading to implement the Operating 
Grants to the National Railroad Passenger Corporation 
in fiscal year 2010: Provided further, That the Corporation 
is directed to achieve savings through operating effi-
ciencies including, but not limited to, modifications to food 
and beverage service and first class service: Provided fur-
ther, That the Inspector General of the Department of 
Transportation shall report to the House and Senate Com-
mittees on Appropriations beginning 3 months after the 
date of the enactment of this Act and quarterly thereafter 
with estimates of the savings accrued as a result of all 
operational reforms instituted by the Corporation: Pro-
vided further, That the Inspector General of the Depart-
ment of Transportation shall provide a report recom-
mending to the House and Senate Committees on Appro-
priations 180 days after the date of the enactment of this 
Act on possible operational reforms that could be insti-
tuted by the Corporation: Provided further, That not later 
than 120 days after enactment of this Act, the Corpora-
tion shall transmit to the House and Senate Committees 
on Appropriations its Fiscal Year 2011 plan to improve 
the financial performance of food and beverage service and 
its plan to improve the financial performance of first class 
service (including sleeping car service): Provided further, 
That the Corporation shall report quarterly to the House 
and Senate Committees on Appropriations on its progress 
against the milestones and target dates contained in its 
financial performance improvement plan provided in fiscal 
year 2009 and quantify savings realized to date on a 
monthly basis compared to those projected in the plan, 
identify any changes in the plan or delays in implementing 
these plans, and identify the causes of delay and proposed 
corrective measures: Provided further, That the National 
Railroad Passenger Corporation shall submit, in electronic 
format, to the House and Senate Committees on Appro-
priations, a budget, business plan and a 5-Year Financial 
Plan beginning with fiscal year 2010, consistent with the 
provisions of section 204 of the Passenger Rail Investment 
and Improvement Act of 2008 (division B of Public Law 
110–432): Provided further, That the budget, business 
plan and the 5-Year Financial Plan shall also include a 
separate accounting of targets for the Northeast Corridor; 
commuter service; long distance Amtrak service; state-sup-
ported service; each intercity train route, including Auto-
train; and commercial activities including contract oper-
ations: Provided further, That, these plans shall be accom-
panied by a comprehensive fleet plan for all Amtrak rolling 
stock which shall address the Corporation’s detailed plans 
and timeframes for the maintenance, refurbishment, re-
placement, and expansion of the Amtrak fleet: Provided 
further, That said fleet plan shall establish year-specific 
goals and milestones and discuss potential, current, and 
preferred financing options for all such activities: Provided 
further, That the budget, business plan and the 5-Year 
Financial Plan shall include a description of work to be 
funded, along with cost estimates and an estimated time-
table for completion of the projects covered by these plans: 
Provided further, That the Corporation shall provide 
monthly reports in electronic format regarding the budget, 
business plan, and 5-Year Financial Plan, which shall de-
scribe the work completed to date, any changes to any 
plan, and the reasons for such changes, and shall identify 
all sole source contract awards which shall be accompanied 
by a justification as to why said contract was awarded on 
a sole source basis: Provided further, That the Corpora-
tion’s budget, business plan, 5-Year Financial Plan, and 
all subsequent supplemental plans shall be displayed on 
the Corporation’s website within a reasonable timeframe 
following their submission to the appropriate entities: Pro-
vided further, That none of the funds under this heading 
may be obligated or expended until the Corporation agrees 
to continue abiding by the provisions of paragraphs 1, 2, 
5, 9, and 11 of the summary of conditions for the direct 
loan agreement of June 28, 2002, in the same manner 
as in effect on the date of enactment of this Act. 
NATIONAL RAILROAD PASSENGER CORPORATION OFFICE 
OF THE INSPECTOR GENERAL 
To enable the Secretary of Transportation to make 
a grant to the National Railroad Passenger Corporation 
Office of the Inspector General for auditing the operations 
and capital expenditures of the National Railroad Pas-
senger Corporation, as authorized by section 101(b) of the 
Passenger Rail Investment and Improvement Act of 2008 
(division B of Public Law 110–432), $19,000,000. 
CAPITAL AND DEBT SERVICE GRANTS TO THE NATIONAL 
RAILROAD PASSENGER CORPORATION 
To enable the Secretary of Transportation to make 
quarterly grants to the National Railroad Passenger Cor-
poration for capital grants supporting intercity passenger 
services as authorized by section 101(c) of the Passenger 
Rail Investment and Improvement Act of 2008 (division 
B of Public Law 110–432), $929,625,000, to remain 
available until September 30, 2010, of which not to exceed 
$264,000,000 shall be for debt service obligations as au-
thorized by section 102 of that Act: Provided, That in ad-
dition to the project management oversight funds author-
ized under section 101(d) of that Act, the Secretary may 
retain up to an additional one-half of one percent of the 
funds provided under this heading to fund expenses associ-
ated with implementing sections 208 and 212 of that Act, 
including the amendments made by section 212 to section 
24905 of title 49, United States Code: Provided further, 
That the Secretary shall approve funding for capital ex-
penditures, including advance purchase orders of mate-
rials, for the Corporation only after receiving and review-
ing a grant request for each specific capital project justi-
fying the Federal support to the Secretary’s satisfaction: 
Provided further, That none of the funds under this head-
ing may be used to subsidize operating losses of the Cor-
poration: Provided further, That none of the funds under 
this heading may be used for capital projects not approved 
by the Secretary of Transportation or on the Corporation’s 
fiscal year 2010 business plan. 
ADMINISTRATIVE PROVISIONS—FEDERAL RAILROAD 
ADMINISTRATION 
SEC. 151. The Secretary may purchase promotional 
items of nominal value for use in public outreach activities 
to accomplish the purposes of 49 U.S.C. 20134: Provided,
That the Secretary shall prescribe guidelines for the ad-
ministration of such purchases and use. 
SEC. 152. Hereafter, notwithstanding any other pro-
vision of law, funds provided in this Act for the National 
Railroad Passenger Corporation shall immediately cease 
to be available to said Corporation in the event that the 
Corporation contracts to have services provided at or from 
any location outside the United States. For purposes of 
this section, the word ‘‘services’’ shall mean any service 
that was, as of July 1, 2006, performed by a full-time 
or part-time Amtrak employee whose base of employment 
is located within the United States. 
SEC. 153. The Secretary of Transportation may re-
ceive and expend cash, or receive and utilize spare parts 
and similar items, from non-United States Government 
sources to repair damages to or replace United States 
Government owned automated track inspection cars and 
equipment as a result of third party liability for such dam-
ages, and any amounts collected under this section shall 
be credited directly to the Safety and Operations account 
of the Federal Railroad Administration, and shall remain 
available until expended for the repair, operation and 
maintenance of automated track inspection cars and 
equipment in connection with the automated track inspec-
tion program.
SEC. 154. The Administrator of the Federal Railroad 
Administration shall submit a report on April 1, 2010, and 
quarterly reports thereafter, to the House and Senate 
Committees on Appropriations detailing the Administra-
tor’s efforts at improving the on-time performance of Am-
trak intercity rail service operating on non-Amtrak owned 
property. Such reports shall compare the most recent ac-
tual on-time performance data to pre-established on-time 
performance goals that the Administrator shall set for 
each rail service, identified by route. Such reports shall 
also include whatever other information and data regard-
ing the on-time performance of Amtrak trains the Admin-
istrator deems to be appropriate. 
SEC. 155. In the Explanatory Statement referenced 
in division I of Public Law 111–8 under the heading Rail-
road Research and Development the item relating to ‘‘San 
Gabriel trench grade separation project, Alameda Cor-
ridor, CA’’ is deemed to be amended by inserting ‘‘Ala-
meda Corridor East Construction Authority Grade Sepa-
rations, CA.’’. 
SEC. 156. In the Explanatory Statement referenced 
in division K of Public Law 110–161 under the heading 
Rail Line Relocation and Improvement Program the item 
relating to ‘‘Mt. Vernon railroad cut, NY’’ is deemed to
be amended by inserting ‘‘Rail Line and Station Improve-
ment and Rehabilitation, Mount Vernon, NY.’’. 
FEDERAL TRANSIT ADMINISTRATION 
ADMINISTRATIVE EXPENSES 
For necessary administrative expenses of the Federal 
Transit Administration’s programs authorized by chapter 
53 of title 49, United States Code, $97,478,000: Provided, 
That of the funds available under this heading, not to ex-
ceed $1,809,000 shall be available for travel: Provided fur-
ther, That none of the funds provided or limited in this 
Act may be used to create a permanent office of transit 
security under this heading: Provided further, That of the 
amounts made available under this heading not to exceed 
$75,000 shall be paid from appropriations made available 
by this Act and provided to the Department of Transpor-
tation Office of Inspector General through reimbursement 
to conduct the annual audits of financial statements in 
accordance with section 3521 of title 31, United States 
Code: Provided further, That upon submission to the Con-
gress of the fiscal year 2011 President’s budget, the Sec-
retary of Transportation shall transmit to Congress the 
annual report on new starts, including proposed alloca-
tions of funds for fiscal year 2011.
FORMULA AND BUS GRANTS 
(LIQUIDATION OF CONTRACT AUTHORITY) 
(LIMITATION ON OBLIGATIONS) 
(HIGHWAY TRUST FUND) 
For payment of obligations incurred in carrying out 
the provisions of 49 U.S.C. 5305, 5307, 5308, 5309, 
5310, 5311, 5316, 5317, 5320, 5335, 5339, and 5340 and 
section 3038 of Public Law 105–178, as amended, 
$8,852,000,000 to be derived from the Mass Transit Ac-
count of the Highway Trust Fund and to remain available 
until expended: Provided, That funds available for the im-
plementation or execution of programs authorized under 
49 U.S.C. 5305, 5307, 5308, 5309, 5310, 5311, 5316, 
5317, 5320, 5335, 5339, and 5340 and section 3038 of 
Public Law 105–178, as amended, shall not exceed total 
obligations of $8,343,171,000 in fiscal year 2010. 
RESEARCH AND UNIVERSITY RESEARCH CENTERS 
For necessary expenses to carry out 49 U.S.C. 5306, 
5312–5315, 5322, and 5506, $65,670,000, to remain 
available until expended: Provided, That $10,000,000 is 
available to carry out the transit cooperative research pro-
gram under section 5313 of title 49, United States Code, 
$4,300,000 is available for the National Transit Institute 
under section 5315 of title 49, United States Code, and 
$7,000,000 is available for university transportation cen-
ters program under section 5506 of title 49, United States 
Code: Provided further, That $44,370,000 is available to 
carry out national research programs under sections 5312, 
5313, 5314, and 5322 of title 49, United States Code. 
CAPITAL INVESTMENT GRANTS 
(INCLUDING TRANSFER OF FUNDS) 
For necessary expenses to carry out section 5309 of 
title 49, United States Code, $1,827,343,000, to remain 
available
until
expended,
of
which
not
to
exceed 
$200,000,000 is for section 5309(e) of such title: Pro-
vided, That $2,000,000, shall be transferred to the De-
partment of Transportation Office of Inspector General 
from funds set aside for the execution of contracts pursu-
ant to section 5327(c) of title 49, United States Code, for 
costs associated with audits and investigations of transit- 
related issues, including reviews of new fixed guideway 
systems. 
WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY 
For necessary expenses to carry out section 601 of 
division B of Public Law 110–432, $150,000,000, to re-
main available until expended. 
ADMINISTRATIVE PROVISIONS—FEDERAL TRANSIT 
ADMINISTRATION 
SEC. 160. The limitations on obligations for the pro-
grams of the Federal Transit Administration shall not
apply to any authority under 49 U.S.C. 5338, previously 
made available for obligation, or to any other authority 
previously made available for obligation. 
SEC. 161. Notwithstanding any other provision of 
law, funds appropriated or limited by this Act under ‘‘Fed-
eral Transit Administration, Capital Investment Grants’’ 
and for bus and bus facilities under ‘‘Federal Transit Ad-
ministration, Formula and Bus Grants’’ for projects speci-
fied in this Act or identified in reports accompanying this 
Act not obligated by September 30, 2012, and other recov-
eries, shall be directed to projects eligible to use the funds 
for the purposes for which they were originally provided. 
SEC. 162. Notwithstanding any other provision of 
law, any funds appropriated before October 1, 2009, under 
any section of chapter 53 of title 49, United States Code, 
that remain available for expenditure, may be transferred 
to and administered under the most recent appropriation 
heading for any such section. 
SEC. 163. Notwithstanding any other provision of 
law, unobligated funds made available for new fixed guide-
way system projects under the heading ‘‘Federal Transit 
Administration, Capital investment grants’’ in any appro-
priations Act prior to this Act may be used during this 
fiscal year to satisfy expenses incurred for such projects.
SEC. 164. During fiscal year 2010, each Federal 
Transit Administration grant for a project that involves 
the acquisition or rehabilitation of a bus to be used in pub-
lic transportation shall be funded for 90 percent of the 
net capital costs of a biodiesel bus or a factory-installed 
or retrofitted hybrid electric propulsion system and any 
equipment related to such a system: Provided, That the 
Secretary shall have the discretion to determine, through 
practicable administrative procedures, the costs attrib-
utable to the system and related-equipment. 
SEC. 165. Notwithstanding any other provision of 
law, unobligated funds or recoveries under section 5309 
of title 49, United States Code, that are available to the 
Secretary of Transportation for reallocation shall be di-
rected to projects eligible to use the funds for the purposes 
for which they were originally provided. 
SEC. 166. (a) In the explanatory statement ref-
erenced in section 186 of title I of division K of Public 
Law 110–161 (121 Stat. 2406), the item relating to 
‘‘Broward County Southwest Transit Facility’’ in the table 
of projects under the heading ‘‘Bus and Bus Facilities’’ 
is deemed to be amended by striking ‘‘Southwest’’ and in-
serting ‘‘Ravenswood’’. 
(b) The explanatory statement referenced in section 
186 of title I of division I of Public Law 111–8 for ‘‘Alter-
natives analysis’’ under ‘‘Federal Transit Administration– 
Formula and Bus Grants’’ is deemed to be amended by 
striking ‘‘Hudson–Bergen Light Rail Extension Route 
440, North Bergen, NJ’’ and inserting ‘‘Hudson–Bergen 
Light Rail Extension Route 440, Jersey City, NJ’’. 
(c) Funds made available for the Phoenix Heavy 
Maintenance Facility, Phoenix Dial-a-Ride facility, and 
the Phoenix Regional Heavy Bus Maintenance Facility in 
Arizona through the Department of Transportation Ap-
propriations Acts for Fiscal Years 2005 and 2008 that 
remain unobligated or unexpended shall be made available 
to the East Baseline Park-and-Ride Facility in Phoenix, 
Arizona. 
SAINT LAWRENCE SEAWAY DEVELOPMENT 
CORPORATION 
The Saint Lawrence Seaway Development Corpora-
tion is hereby authorized to make such expenditures, with-
in the limits of funds and borrowing authority available 
to the Corporation, and in accord with law, and to make 
such contracts and commitments without regard to fiscal 
year limitations as provided by section 104 of the Govern-
ment Corporation Control Act, as amended, as may be 
necessary in carrying out the programs set forth in the 
Corporation’s budget for the current fiscal year.
SHIP DISPOSAL 
For necessary expenses related to the disposal of ob-
solete vessels in the National Defense Reserve Fleet of the 
Maritime Administration, $15,000,000, to remain avail-
able until expended. 
MARITIME GUARANTEED LOAN (TITLE XI) PROGRAM 
ACCOUNT 
(INCLUDING TRANSFER OF FUNDS) 
For administrative expenses to carry out the guaran-
teed loan program, not to exceed $3,630,000, which shall 
be transferred to and merged with the appropriation for 
‘‘Operations and Training’’, Maritime Administration. 
ADMINISTRATIVE PROVISIONS—MARITIME 
ADMINISTRATION 
SEC. 175. Notwithstanding any other provision of 
this Act, the Maritime Administration may furnish utili-
ties and services and make necessary repairs in connection 
with any lease, contract, or occupancy involving Govern-
ment property under the control of the Maritime Adminis-
tration, and payments received therefor shall be credited 
to the appropriation charged with the cost thereof: Pro-
vided, That rental payments under any such lease, con-
tract, or occupancy for items other than such utilities, 
services, or repairs shall be covered into the Treasury as 
miscellaneous receipts.
SEC. 176. Section 51314 of title 46, United States 
Code, is amended in subsection (b) by inserting at the end 
‘‘Such fees shall be credited to the Maritime Administra-
tion’s Operations and Training appropriation, to remain 
available until expended, for those expenses directly re-
lated to the purposes of the fees. Fees collected in excess 
of actual expenses may be refunded to the Midshipmen 
through a mechanism approved by the Secretary. The 
Academy shall maintain a separate and detailed account-
ing of fee revenue and all associated expenses.’’. 
PIPELINE AND HAZARDOUS MATERIALS SAFETY 
ADMINISTRATION 
OPERATIONAL EXPENSES 
(PIPELINE SAFETY FUND) 
For necessary operational expenses of the Pipeline 
and
Hazardous
Materials
Safety
Administration, 
$19,968,000, of which $639,000 shall be derived from the 
Pipeline Safety Fund: Provided, That $1,000,000 shall be 
transferred to ‘‘Pipeline Safety’’ in order to fund ‘‘Pipeline 
Safety Information Grants to Communities’’ as authorized 
under section 60130 of title 49, United States Code. 
HAZARDOUS MATERIALS SAFETY 
For expenses necessary to discharge the hazardous 
materials safety functions of the Pipeline and Hazardous 
Materials Safety Administration, $36,500,000, of which
$2,699,000 shall remain available until September 30, 
2012: Provided, That up to $800,000 in fees collected 
under 49 U.S.C. 5108(g) shall be deposited in the general 
fund of the Treasury as offsetting receipts: Provided fur-
ther, That there may be credited to this appropriation, to 
be available until expended, funds received from states, 
counties, municipalities, other public authorities, and pri-
vate sources for expenses incurred for training, for reports 
publication and dissemination, and for travel expenses in-
curred in performance of hazardous materials exemptions 
and approvals functions. 
PIPELINE SAFETY 
(PIPELINE SAFETY FUND) 
(OIL SPILL LIABILITY TRUST FUND) 
For expenses necessary to conduct the functions of 
the pipeline safety program, for grants-in-aid to carry out 
a pipeline safety program, as authorized by 49 U.S.C. 
60107, and to discharge the pipeline program responsibil-
ities of the Oil Pollution Act of 1990, $105,239,000, of 
which $18,905,000 shall be derived from the Oil Spill Li-
ability Trust Fund and shall remain available until Sep-
tember 30, 2012; and of which $86,334,000 shall be de-
rived
from
the
Pipeline
Safety
Fund,
of
which 
$47,332,000 shall remain available until September 30, 
2012.
EMERGENCY PREPAREDNESS GRANTS 
(EMERGENCY PREPAREDNESS FUND) 
For necessary expenses to carry out 49 U.S.C. 
5128(b), $188,000, to be derived from the Emergency 
Preparedness Fund, to remain available until September 
30, 2011: Provided, That not more than $28,318,000 shall 
be made available for obligation in fiscal year 2010 from 
amounts made available by 49 U.S.C. 5116(i) and 
5128(b)–(c): Provided further, That none of the funds 
made available by 49 U.S.C. 5116(i), 5128(b), or 5128(c) 
shall be made available for obligation by individuals other 
than the Secretary of Transportation, or his or her des-
ignee. 
RESEARCH AND INNOVATIVE TECHNOLOGY 
ADMINISTRATION 
RESEARCH AND DEVELOPMENT 
For necessary expenses of the Research and Innova-
tive Technology Administration, $12,834,000, of which 
$6,036,000 shall remain available until September 30, 
2012: Provided, That there may be credited to this appro-
priation, to be available until expended, funds received 
from States, counties, municipalities, other public authori-
ties, and private sources for expenses incurred for train-
ing.
OFFICE OF INSPECTOR GENERAL 
SALARIES AND EXPENSES 
For necessary expenses of the Office of Inspector 
General to carry out the provisions of the Inspector Gen-
eral Act of 1978, as amended, $74,839,000: Provided, 
That the Inspector General shall have all necessary au-
thority, in carrying out the duties specified in the Inspec-
tor General Act, as amended (5 U.S.C. App. 3), to inves-
tigate allegations of fraud, including false statements to 
the government (18 U.S.C. 1001), by any person or entity 
that is subject to regulation by the Department: Provided 
further, That the funds made available under this heading 
shall be used to investigate, pursuant to section 41712 of 
title 49, United States Code: (1) unfair or deceptive prac-
tices and unfair methods of competition by domestic and 
foreign air carriers and ticket agents; and (2) the compli-
ance of domestic and foreign air carriers with respect to 
item (1) of this proviso. 
SURFACE TRANSPORTATION BOARD 
SALARIES AND EXPENSES 
For necessary expenses of the Surface Transpor-
tation Board, including services authorized by 5 U.S.C. 
3109, $29,800,000: Provided, That notwithstanding any 
other provision of law, not to exceed $1,250,000 from fees 
established by the Chairman of the Surface Transpor-
tation Board shall be credited to this appropriation as off-
setting collections and used for necessary and authorized 
expenses under this heading: Provided further, That the 
sum herein appropriated from the general fund shall be 
reduced on a dollar-for-dollar basis as such offsetting col-
lections are received during fiscal year 2010, to result in 
a final appropriation from the general fund estimated at 
no more than $28,550,000. 
GENERAL PROVISIONS—DEPARTMENT OF 
TRANSPORTATION 
SEC. 180. During the current fiscal year applicable 
appropriations to the Department of Transportation shall 
be available for maintenance and operation of aircraft; 
hire of passenger motor vehicles and aircraft; purchase of 
liability insurance for motor vehicles operating in foreign 
countries on official department business; and uniforms or 
allowances therefor, as authorized by law (5 U.S.C. 5901– 
5902). 
SEC. 181. Appropriations contained in this Act for 
the Department of Transportation shall be available for 
services as authorized by 5 U.S.C. 3109, but at rates for 
individuals not to exceed the per diem rate equivalent to 
the rate for an Executive Level IV. 
SEC. 182. None of the funds in this Act shall be avail-
able for salaries and expenses of more than 110 political
and Presidential appointees in the Department of Trans-
portation: Provided, That none of the personnel covered 
by this provision may be assigned on temporary detail out-
side the Department of Transportation. 
SEC. 183. None of the funds in this Act shall be used 
to implement section 404 of title 23, United States Code. 
SEC. 184. (a) No recipient of funds made available 
in this Act shall disseminate personal information (as de-
fined in 18 U.S.C. 2725(3)) obtained by a State depart-
ment of motor vehicles in connection with a motor vehicle 
record as defined in 18 U.S.C. 2725(1), except as provided 
in 18 U.S.C. 2721 for a use permitted under 18 U.S.C. 
2721. 
(b) Notwithstanding subsection (a), the Secretary 
shall not withhold funds provided in this Act for any 
grantee if a State is in noncompliance with this provision. 
SEC. 185. Funds received by the Federal Highway 
Administration, Federal Transit Administration, and Fed-
eral Railroad Administration from States, counties, mu-
nicipalities, other public authorities, and private sources 
for expenses incurred for training may be credited respec-
tively to the Federal Highway Administration’s ‘‘Federal- 
Aid Highways’’ account, the Federal Transit Administra-
tion’s ‘‘Research and University Research Centers’’ ac-
count, and to the Federal Railroad Administration’s
‘‘Safety and Operations’’ account, except for State rail 
safety inspectors participating in training pursuant to 49 
U.S.C. 20105. 
SEC. 186. Funds provided or limited in this Act 
under the appropriate accounts within the Federal High-
way Administration, the Federal Railroad Administration 
and the Federal Transit Administration shall be for the 
eligible programs, projects and activities in the cor-
responding amounts identified in the explanatory state-
ment accompanying this Act for ‘‘Ferry Boats and Ferry 
Terminal Facilities’’, ‘‘Federal Lands’’, ‘‘Interstate Main-
tenance Discretionary’’, ‘‘Transportation, Community and 
System Preservation Program’’, ‘‘Delta Region Transpor-
tation Development Program’’, ‘‘Rail Line Relocation and 
Improvement Program’’, ‘‘Rail-highway crossing hazard 
eliminations’’, ‘‘Alternatives analysis’’, and ‘‘Bus and bus 
facilities’’. 
SEC. 187. Notwithstanding any other provisions of 
law, rule or regulation, the Secretary of Transportation 
is authorized to allow the issuer of any preferred stock 
heretofore sold to the Department to redeem or repur-
chase such stock upon the payment to the Department of 
an amount determined by the Secretary. 
SEC. 188. None of the funds in this Act to the De-
partment of Transportation may be used to make a grant
unless the Secretary of Transportation notifies the House 
and Senate Committees on Appropriations not less than 
3 full business days before any discretionary grant award, 
letter of intent, or full funding grant agreement totaling 
$500,000 or more is announced by the department or its 
modal administrations from: (1) any discretionary grant 
program of the Federal Highway Administration including 
the emergency relief program; (2) the airport improvement 
program of the Federal Aviation Administration; (3) any 
grant or cooperative agreement from the Federal Railroad 
Administration; or (4) any program of the Federal Transit 
Administration other than the formula grants and fixed 
guideway modernization programs: Provided, That the 
Secretary gives concurrent notification to the House and 
Senate Committees on Appropriations for any ‘‘quick re-
lease’’ of funds from the emergency relief program: Pro-
vided further, That no notification shall involve funds that 
are not available for obligation. 
SEC. 189. Rebates, refunds, incentive payments, 
minor fees and other funds received by the Department 
of
Transportation
from
travel
management
centers, 
charge card programs, the subleasing of building space, 
and miscellaneous sources are to be credited to appropria-
tions of the Department of Transportation and allocated 
to elements of the Department of Transportation using
fair and equitable criteria and such funds shall be avail-
able until expended. 
SEC. 190. Amounts made available in this or any 
other Act that the Secretary determines represent im-
proper payments by the Department of Transportation to 
a third party contractor under a financial assistance 
award, which are recovered pursuant to law, shall be avail-
able— 
(1) to reimburse the actual expenses incurred 
by the Department of Transportation in recovering 
improper payments; and 
(2) to pay contractors for services provided in 
recovering improper payments or contractor support 
in the implementation of the Improper Payments In-
formation Act of 2002: Provided, That amounts in 
excess of that required for paragraphs (1) and (2)— 
(A) shall be credited to and merged with 
the appropriation from which the improper pay-
ments were made, and shall be available for the 
purposes and period for which such appropria-
tions are available; or 
(B) if no such appropriation remains avail-
able, shall be deposited in the Treasury as mis-
cellaneous receipts: Provided further, That prior 
to the transfer of any such recovery to an ap-
propriations account, the Secretary shall notify 
the House and Senate Committees on Appro-
priations the amount and reasons for such 
transfer: Provided further, That for purposes of 
this section, the term ‘‘improper payments’’, 
has the same meaning as that provided in sec-
tion 2(d)(2) of Public Law 107–300. 
SEC. 191. Notwithstanding any other provision of 
law, if any funds provided in or limited by this Act are 
subject to a reprogramming action that requires notice to 
be provided to the House and Senate Committees on Ap-
propriations, said reprogramming action shall be approved 
or denied solely by the Committees on Appropriations: 
Provided, That the Secretary may provide notice to other 
congressional committees of the action of the Committees 
on Appropriations on such reprogramming but not sooner 
than 30 days following the date on which the reprogram-
ming action has been approved or denied by the House 
and Senate Committees on Appropriations. 
SEC. 192. None of the funds appropriated or other-
wise made available under this Act may be used by the 
Surface Transportation Board of the Department of 
Transportation to charge or collect any filing fee for rate 
complaints filed with the Board in an amount in excess
of the amount authorized for district court civil suit filing 
fees under section 1914 of title 28, United States Code. 
SEC. 193. Notwithstanding section 3324 of Title 31, 
United States Code, in addition to authority provided by 
section 327 of title 49, United States Code, the Depart-
ment’s Working Capital fund is hereby authorized to pro-
vide payments in advance to vendors that are necessary 
to carry out the Federal transit pass transportation fringe 
benefit program under Executive Order No. 13150 and 
section 3049 of Public Law 109–59: Provided, that the 
Department shall include adequate safeguards in the con-
tract with the vendors to ensure timely and high quality 
performance under the contract. 
This title may be cited as the ‘‘Department of Trans-
portation Appropriations Act, 2010’’. 
TITLE II 
DEPARTMENT OF HOUSING AND URBAN 
DEVELOPMENT 
MANAGEMENT AND ADMINISTRATION 
EXECUTIVE DIRECTION 
For necessary salaries and expenses for Executive Di-
rection, $25,969,000, of which not to exceed $4,619,000 
shall be available for the immediate Office of the Secretary 
and Deputy Secretary; not to exceed $1,703,000 shall be 
available for the Office of Hearings and Appeals; not to
exceed $778,000 shall be available for the Office of Small 
and Disadvantaged Business Utilization; not to exceed 
$727,000 shall be available for the immediate Office of 
the Chief Financial Officer; not to exceed $1,474,000 shall 
be available for the immediate Office of the General Coun-
sel; not to exceed $2,912,000 shall be available to the Of-
fice of the Assistant Secretary for Congressional and 
Intergovernmental Relations; not to exceed $3,110,000 
shall be available for the Office of the Assistant Secretary 
for Public Affairs; not to exceed $1,218,000 shall be avail-
able for the Office of the Assistant Secretary for Adminis-
tration; not to exceed $2,125,000 shall be available to the 
Office of the Assistant Secretary for Public and Indian 
Housing; not to exceed $1,781,000 shall be available to 
the Office of the Assistant Secretary for Community Plan-
ning and Development; not to exceed $3,497,000 shall be 
available to the Office of the Assistant Secretary for Hous-
ing,
Federal
Housing
Commissioner;
not
to
exceed 
$1,097,000 shall be available to the Office of the Assistant 
Secretary for Policy Development and Research; and not 
to exceed $928,000 shall be available to the Office of the 
Assistant Secretary for Fair Housing and Equal Oppor-
tunity: Provided, That the Secretary of the Department 
of Housing and Urban Development is authorized to 
transfer funds appropriated for any office funded under
this heading to any other office funded under this heading 
following written notification to the House and Senate 
Committees on Appropriations: Provided further, That no 
appropriation for any office shall be increased or de-
creased by more than 5 percent by all such transfers: Pro-
vided further, That notice of any change in funding greater 
than 5 percent shall be submitted for prior approval to 
the House and Senate Committees on Appropriations: 
Provided further, That the Secretary shall provide the 
Committees on Appropriations quarterly written notifica-
tion regarding the status of pending congressional reports: 
Provided further, That the Secretary shall provide all 
signed reports required by Congress electronically: Pro-
vided further, That not to exceed $25,000 of the amount 
made available under this paragraph for the immediate 
Office of the Secretary shall be available for official recep-
tion and representation expenses as the Secretary may de-
termine. 
ADMINISTRATION, OPERATIONS AND MANAGEMENT 
For necessary salaries and expenses for administra-
tion, operations and management for the Department of 
Housing and Urban Development, $537,897,000, of which 
not to exceed $76,958,000 shall be available for the per-
sonnel compensation and benefits of the Office of Adminis-
tration; not to exceed $11,277,000 shall be available for
the personnel compensation and benefits of the Office of 
Departmental Operations and Coordination; not to exceed 
$51,275,000 shall be available for the personnel com-
pensation and benefits of the Office of Field Policy and 
Management; not to exceed $14,649,000 shall be available 
for the personnel compensation and benefits of the Office 
of
the
Chief
Procurement
Officer;
not
to
exceed 
$35,197,000 shall be available for the personnel com-
pensation and benefits of the remaining staff in the Office 
of the Chief Financial Officer; not to exceed $89,062,000 
shall be available for the personnel compensation and ben-
efits of the remaining staff in the Office of the General 
Counsel; not to exceed $3,296,000 shall be available for 
the personnel compensation and benefits of the Office of 
Departmental Equal Employment Opportunity; not to ex-
ceed $1,393,000 shall be available for the personnel com-
pensation and benefits for the Center for Faith-Based and 
Community Initiatives; not to exceed $2,400,000 shall be 
available for the personnel compensation and benefits for 
the Office of Sustainability; not to exceed $2,520,000 shall 
be available for the personnel compensation and benefits 
for the Office of Strategic Planning and Management; and 
not to exceed $249,870,000 shall be available for non-per-
sonnel expenses of the Department of Housing and Urban 
Development: Provided, That, funds provided under this
heading may be used for necessary administrative and 
non-administrative expenses of the Department of Hous-
ing and Urban Development, not otherwise provided for, 
including purchase of uniforms, or allowances therefor, as 
authorized by 5 U.S.C. 5901–5902; hire of passenger 
motor vehicles; services as authorized by 5 U.S.C. 3109: 
Provided further, That notwithstanding any other provi-
sion of law, funds appropriated under this heading may 
be used for advertising and promotional activities that 
support the housing mission area: Provided further, That 
the Secretary of Housing and Urban Development is au-
thorized to transfer funds appropriated for any office in-
cluded in Administration, Operations and Management to 
any other office included in Administration, Operations 
and Management only after such transfer has been sub-
mitted to, and received prior written approval by, the 
House and Senate Committees on Appropriations: Pro-
vided further, That no appropriation for any office shall 
be increased or decreased by more than 10 percent by all 
such transfers. 
PERSONNEL COMPENSATION AND BENEFITS 
PUBLIC AND INDIAN HOUSING 
For necessary personnel compensation and benefits 
expenses of the Office of Public and Indian Housing, 
$197,074,000.
COMMUNITY PLANNING AND DEVELOPMENT 
For necessary personnel compensation and benefits 
expenses of the Office of Community Planning and Devel-
opment mission area, $98,989,000. 
HOUSING 
For necessary personnel compensation and benefits 
expenses of the Office of Housing, $374,887,000. 
OFFICE OF THE GOVERNMENT NATIONAL MORTGAGE 
ASSOCIATION 
For necessary personnel compensation and benefits 
expenses of the Office of the Government National Mort-
gage Association, $11,095,000, to be derived from the 
GNMA guarantees of mortgage backed securities guaran-
teed loan receipt account. 
POLICY DEVELOPMENT AND RESEARCH 
For necessary personnel compensation and benefits 
expenses of the Office of Policy Development and Re-
search, $21,138,000. 
FAIR HOUSING AND EQUAL OPPORTUNITY 
For necessary personnel compensation and benefits 
expenses of the Office of Fair Housing and Equal Oppor-
tunity, $71,800,000.
OFFICE OF HEALTHY HOMES AND LEAD HAZARD 
CONTROL 
For necessary personnel compensation and benefits 
expenses of the Office of Healthy Homes and Lead Haz-
ard Control, $7,151,000. 
PUBLIC AND INDIAN HOUSING 
TENANT-BASED RENTAL ASSISTANCE 
For activities and assistance for the provision of ten-
ant-based rental assistance authorized under the United 
States Housing Act of 1937, as amended (42 U.S.C. 1437 
et seq.) (‘‘the Act’’ herein), not otherwise provided for, 
$14,242,200,000, to remain available until expended, shall 
be available on October 1, 2009 (in addition to the 
$4,000,000,000 previously appropriated under this head-
ing that will become available on October 1, 2009), and 
$4,000,000,000, to remain available until expended, shall 
be available on October 1, 2010: Provided, That the 
amounts made available under this heading are provided 
as follows: 
(1) $16,387,200,000 shall be available for re-
newals of expiring section 8 tenant-based annual 
contributions contracts (including renewals of en-
hanced vouchers under any provision of law author-
izing such assistance under section 8(t) of the Act) 
and including renewal of other special purpose
vouchers initially funded in fiscal year 2008 and 
2009 (such as Family Unification, Veterans Affairs 
Supportive Housing Vouchers and Non-elderly Dis-
abled Vouchers): Provided, That notwithstanding 
any other provision of law, from amounts provided 
under this paragraph and any carryover, the Sec-
retary for the calendar year 2010 funding cycle shall 
provide renewal funding for each public housing 
agency based on voucher management system (VMS) 
leasing and cost data for the most recent Federal 
fiscal year and by applying the most recent Annual 
Adjustment Factor as established by the Secretary, 
and by making any necessary adjustments for the 
costs associated with deposits to family self-suffi-
ciency program escrow accounts or first-time renew-
als including tenant protection or HOPE VI vouch-
ers: Provided further, That none of the funds pro-
vided under this paragraph may be used to fund a 
total number of unit months under lease which ex-
ceeds a public housing agency’s authorized level of 
units under contract: Provided further, That the Sec-
retary shall, to the extent necessary to stay within 
the amount specified under this paragraph (except 
as otherwise modified under this Act), pro rate each 
public housing agency’s allocation otherwise estab-
lished pursuant to this paragraph: Provided further, 
That except as provided in the last two provisos, the 
entire amount specified under this paragraph (except 
as otherwise modified under this Act) shall be obli-
gated to the public housing agencies based on the al-
location and pro rata method described above, and 
the Secretary shall notify public housing agencies of 
their annual budget not later than 60 days after en-
actment of this Act: Provided further, That the Sec-
retary may extend the 60-day notification period 
with the written approval of the House and Senate 
Committees
on
Appropriations:
Provided
further, 
That public housing agencies participating in the 
Moving to Work demonstration shall be funded pur-
suant to their Moving to Work agreements and shall 
be subject to the same pro rata adjustments under 
the previous provisos: Provided further, That up to 
$150,000,000 shall be available only: (1) to adjust 
the allocations for public housing agencies, after ap-
plication for an adjustment by a public housing 
agency that experienced a significant increase, as de-
termined by the Secretary, in renewal costs of ten-
ant-based rental assistance resulting from unfore-
seen circumstances or from portability under section 
8(r) of the Act; (2) for adjustments for public hous-
ing agencies with voucher leasing rates at the end of 
the calendar year that exceed the average leasing for 
the 12-month period used to establish the allocation; 
(3) for adjustments for the costs associated with 
VASH vouchers; or (4) for vouchers that were not 
in use during the 12-month period in order to be 
available to meet a commitment pursuant to section 
8(o)(13) of the Act. 
(2) $120,000,000 shall be for section 8 rental 
assistance for relocation and replacement of housing 
units that are demolished or disposed of pursuant to 
the Omnibus Consolidated Rescissions and Appro-
priations Act of 1996 (Public Law 104–134), con-
version of section 23 projects to assistance under 
section 8, the family unification program under sec-
tion 8(x) of the Act, relocation of witnesses in con-
nection with efforts to combat crime in public and 
assisted housing pursuant to a request from a law 
enforcement or prosecution agency, enhanced vouch-
ers under any provision of law authorizing such as-
sistance under section 8(t) of the Act, HOPE VI 
vouchers, mandatory and voluntary conversions, and 
tenant protection assistance including replacement 
and relocation assistance or for project based assist-
ance to prevent the displacement of unassisted elder-
ly tenants currently residing in section 202 prop-
erties financed between 1959 and 1974 that are refi-
nanced pursuant to Public Law 106–569, as amend-
ed, or under the authority as provided under this 
Act: Provided, That the Secretary may provide re-
placement vouchers for all units that were occupied 
within the previous 24 months that cease to be avail-
able as assisted housing, subject to the availability 
of funds. 
(3) $1,600,000,000 shall be for administrative 
and other expenses of public housing agencies in ad-
ministering the section 8 tenant-based rental assist-
ance program, of which up to $50,000,000 shall be 
available to the Secretary to allocate to public hous-
ing agencies that need additional funds to admin-
ister their section 8 programs, including fees associ-
ated with section 8 tenant protection rental assist-
ance, the administration of disaster related vouchers, 
Veterans Affairs Supportive Housing vouchers, and 
other incremental vouchers: Provided, That no less 
than $1,550,000,000 of the amount provided in this 
paragraph shall be allocated to public housing agen-
cies for the calendar year 2010 funding cycle based 
on section 8(q) of the Act (and related Appropria-
tion Act provisions) as in effect immediately before
the enactment of the Quality Housing and Work Re-
sponsibility Act of 1998 (Public Law 105–276): Pro-
vided further, That if the amounts made available 
under this paragraph are insufficient to pay the 
amounts determined under the previous proviso, the 
Secretary may decrease the amounts allocated to 
agencies by a uniform percentage applicable to all 
agencies receiving funding under this paragraph or 
may, to the extent necessary to provide full payment 
of amounts determined under the previous proviso, 
utilize unobligated balances, including recaptures 
and carryovers, remaining from funds appropriated 
to the Department of Housing and Urban Develop-
ment under this heading, for fiscal year 2009 and 
prior fiscal years, notwithstanding the purposes for 
which such amounts were appropriated: Provided 
further, That amounts provided under this para-
graph shall be only for activities related to the provi-
sion of tenant-based rental assistance authorized 
under section 8, including related development ac-
tivities. 
(4) $75,000,000 for incremental rental voucher 
assistance for use through a supported housing pro-
gram administered in conjunction with the Depart-
ment of Veterans Affairs as authorized under section
8(o)(19) of the United States Housing Act of 1937: 
Provided, That the Secretary of Housing and Urban 
Development shall make such funding available, not-
withstanding section 204 (competition provision) of 
this title, to public housing agencies that partner 
with eligible VA Medical Centers or other entities as 
designated by the Secretary of the Department of 
Veterans Affairs, based on geographical need for 
such assistance as identified by the Secretary of the 
Department of Veterans Affairs, public housing 
agency administrative performance, and other fac-
tors as specified by the Secretary of Housing and 
Urban Development in consultation with the Sec-
retary of the Department of Veterans Affairs: Pro-
vided further, That the Secretary of Housing and 
Urban Development may waive, or specify alter-
native requirements for (in consultation with the 
Secretary of the Department of Veterans Affairs), 
any provision of any statute or regulation that the 
Secretary of Housing and Urban Development ad-
ministers in connection with the use of funds made 
available under this paragraph (except for require-
ments related to fair housing, nondiscrimination, 
labor standards, and the environment), upon a find-
ing by the Secretary that any such waivers or alter-
native requirements are necessary for the effective 
delivery and administration of such voucher assist-
ance: Provided further, That assistance made avail-
able under this paragraph shall continue to remain 
available for homeless veterans upon turn-over. 
(5) $60,000,000 shall be for family self-suffi-
ciency coordinators under section 23 of the Act. 
HOUSING CERTIFICATE FUND 
Unobligated balances, including recaptures and car-
ryover, remaining from funds appropriated to the Depart-
ment of Housing and Urban Development under this 
heading, the heading ‘‘Annual Contributions for Assisted 
Housing’’ and the heading ‘‘Project-Based Rental Assist-
ance’’, for fiscal year 2010 and prior years may be used 
for renewal of or amendments to section 8 project-based 
contracts and for performance-based contract administra-
tors, notwithstanding the purposes for which such funds 
were appropriated: Provided, That any obligated balances 
of contract authority from fiscal year 1974 and prior that 
have been terminated shall be cancelled. 
PUBLIC HOUSING CAPITAL FUND 
For the Public Housing Capital Fund Program to 
carry out capital and management activities for public 
housing agencies, as authorized under section 9 of the 
United States Housing Act of 1937 (42 U.S.C. 1437g)
(the ‘‘Act’’) $2,500,000,000, to remain available until 
September 30, 2013: Provided, That notwithstanding any 
other provision of law or regulation, during fiscal year 
2010 the Secretary of Housing and Urban Development 
may not delegate to any Department official other than 
the Deputy Secretary and the Assistant Secretary for 
Public and Indian Housing any authority under paragraph 
(2) of section 9(j) regarding the extension of the time peri-
ods under such section: Provided further, That for pur-
poses of such section 9(j), the term ‘‘obligate’’ means, with 
respect to amounts, that the amounts are subject to a 
binding agreement that will result in outlays, immediately 
or in the future: Provided further, That up to $15,345,000 
shall be to support the ongoing Public Housing Financial 
and Physical Assessment activities of the Real Estate As-
sessment Center (REAC): Provided further, That of the 
total amount provided under this heading, not to exceed 
$20,000,000 shall be available for the Secretary to make 
grants, notwithstanding section 204 of this Act, to public 
housing agencies for emergency capital needs including 
safety and security measures necessary to address crime 
and drug-related activity as well as needs resulting from 
unforeseen or unpreventable emergencies and natural dis-
asters, excluding Presidentially declared emergencies and 
natural disasters under the Robert T. Stafford Disaster
Relief and Emergency Act (42 U.S.C. 5121 et seq.), oc-
curring in fiscal year 2010: Provided further, That of the 
total amount provided under this heading, $50,000,000 
shall be for supportive services, service coordinators and 
congregate services as authorized by section 34 of the Act 
(42 U.S.C. 1437z–6) and the Native American Housing 
Assistance and Self-Determination Act of 1996 (25 U.S.C. 
4101 et seq.): Provided further, That of the total amount 
provided under this heading, up to $8,820,000 is to sup-
port the costs of administrative and judicial receiverships: 
Provided further, That from the funds made available 
under this heading, the Secretary shall provide bonus 
awards in fiscal year 2010 to public housing agencies that 
are designated high performers. 
PUBLIC HOUSING OPERATING FUND 
For 2010 payments to public housing agencies for the 
operation and management of public housing, as author-
ized by section 9(e) of the United States Housing Act of 
1937 (42 U.S.C. 1437g(e)), $4,800,000,000. 
REVITALIZATION OF SEVERELY DISTRESSED PUBLIC 
HOUSING (HOPE VI) 
For grants to public housing agencies for demolition, 
site revitalization, replacement housing, and tenant-based 
assistance grants to projects as authorized by section 24 
of the United States Housing Act of 1937 (42 U.S.C.
1437v), $250,000,000, to remain available until Sep-
tember 30, 2011, of which the Secretary of Housing and 
Urban Development shall use $10,000,000 for technical 
assistance and contract expertise, to be provided directly 
or indirectly by grants, contracts or cooperative agree-
ments, including training and cost of necessary travel for 
participants in such training, by or to officials and employ-
ees of the department and of public housing agencies and 
to residents: Provided, That none of such funds shall be 
used directly or indirectly by granting competitive advan-
tage in awards to settle litigation or pay judgments, unless 
expressly permitted herein. 
NATIVE AMERICAN HOUSING BLOCK GRANTS 
For the Native American Housing Block Grants pro-
gram, as authorized under title I of the Native American 
Housing Assistance and Self-Determination Act of 1996 
(NAHASDA) (25 U.S.C. 4111 et seq.), $750,000,000, to 
remain available until expended: Provided, That, notwith-
standing the Native American Housing Assistance and 
Self-Determination Act of 1996, to determine the amount 
of the allocation under title I of such Act for each Indian 
tribe, the Secretary shall apply the formula under section 
302 of such Act with the need component based on single- 
race Census data and with the need component based on 
multi-race Census data, and the amount of the allocation
for each Indian tribe shall be the greater of the two result-
ing allocation amounts: Provided further, That of the 
amounts made available under this heading, $3,500,000 
shall be contracted for assistance for a national organiza-
tion representing Native American housing interests for 
providing training and technical assistance to Indian hous-
ing authorities and tribally designated housing entities as 
authorized under NAHASDA; and $4,250,000 shall be to 
support the inspection of Indian housing units, contract 
expertise, training, and technical assistance in the train-
ing, oversight, and management of such Indian housing 
and tenant-based assistance, including up to $300,000 for 
related travel: Provided further, That of the amount pro-
vided under this heading, $2,000,000 shall be made avail-
able for the cost of guaranteed notes and other obligations, 
as authorized by title VI of NAHASDA: Provided further, 
That such costs, including the costs of modifying such 
notes and other obligations, shall be as defined in section 
502 of the Congressional Budget Act of 1974, as amend-
ed: Provided further, That these funds are available to sub-
sidize the total principal amount of any notes and other 
obligations, any part of which is to be guaranteed, not to 
exceed $18,000,000.
NATIVE HAWAIIAN HOUSING BLOCK GRANT 
For the Native Hawaiian Housing Block Grant pro-
gram, as authorized under title VIII of the Native Amer-
ican Housing Assistance and Self-Determination Act of 
1996 (25 U.S.C. 4111 et seq.), $12,000,000, to remain 
available until expended: Provided, That of this amount, 
$300,000 shall be for training and technical assistance ac-
tivities, including up to $100,000 for related travel by Ha-
waii-based HUD employees. 
INDIAN HOUSING LOAN GUARANTEE FUND PROGRAM 
ACCOUNT 
For the cost of guaranteed loans, as authorized by 
section 184 of the Housing and Community Development 
Act of 1992 (12 U.S.C. 1715z–13a), $7,000,000, to re-
main available until expended: Provided, That such costs, 
including the costs of modifying such loans, shall be as 
defined in section 502 of the Congressional Budget Act 
of 1974: Provided further, That these funds are available 
to subsidize total loan principal, any part of which is to 
be guaranteed, up to $919,000,000: Provided further, 
That up to $750,000 shall be for administrative contract 
expenses including management processes and systems to 
carry out the loan guarantee program.
NATIVE HAWAIIAN HOUSING LOAN GUARANTEE FUND 
PROGRAM ACCOUNT 
For the cost of guaranteed loans, as authorized by 
section 184A of the Housing and Community Develop-
ment Act of 1992 (12 U.S.C. 1715z–13b), $1,044,000, to 
remain available until expended: Provided, That such 
costs, including the costs of modifying such loans, shall 
be as defined in section 502 of the Congressional Budget 
Act of 1974: Provided further, That these funds are avail-
able to subsidize total loan principal, any part of which 
is to be guaranteed, not to exceed $41,504,255. 
COMMUNITY PLANNING AND DEVELOPMENT 
HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS 
For carrying out the Housing Opportunities for Per-
sons with AIDS program, as authorized by the AIDS 
Housing Opportunity Act (42 U.S.C. 12901 et seq.), 
$350,000,000, to remain available until September 30, 
2011, except that amounts allocated pursuant to section 
854(c)(3) of such Act shall remain available until Sep-
tember 30, 2012: Provided, That the Secretary shall renew 
all expiring contracts for permanent supportive housing 
that were funded under section 854(c)(3) of such Act that 
meet all program requirements before awarding funds for 
new contracts and activities authorized under this section.
COMMUNITY DEVELOPMENT FUND 
For assistance to units of State and local govern-
ment, and to other entities, for economic and community 
development
activities,
and
for
other
purposes, 
$4,598,607,000, to remain available until September 30, 
2012, unless otherwise specified: Provided, That of the 
total amount provided, $4,166,607,000 is for carrying out 
the community development block grant program under 
title I of the Housing and Community Development Act 
of 1974, as amended (the ‘‘Act’’ herein) (42 U.S.C. 5301 
et seq.): Provided further, That unless explicitly provided 
for under this heading (except for planning grants pro-
vided in the second paragraph and amounts made avail-
able under the third paragraph), not to exceed 20 percent 
of any grant made with funds appropriated under this 
heading shall be expended for planning and management 
development and administration: Provided further, That 
$65,000,000 shall be for grants to Indian tribes notwith-
standing section 106(a)(1) of such Act, of which, notwith-
standing any other provision of law (including section 204 
of this Act), up to $3,960,000 may be used for emer-
gencies that constitute imminent threats to health and 
safety. 
Of the amount made available under this heading, 
$151,000,000 shall be available for grants for the Eco-
nomic Development Initiative (EDI) to finance a variety 
of targeted economic investments in accordance with the 
terms and conditions specified in the explanatory state-
ment accompanying this Act: Provided, That none of the 
funds provided under this paragraph may be used for pro-
gram operations: Provided further, That, for fiscal years 
2008, 2009 and 2010, no unobligated funds for EDI 
grants may be used for any purpose except acquisition, 
planning, design, purchase of equipment, revitalization, re-
development or construction. 
Of the amount made available under this heading, 
$16,000,000 shall be available for neighborhood initiatives 
that are utilized to improve the conditions of distressed 
and blighted areas and neighborhoods, to stimulate invest-
ment, economic diversification, and community revitaliza-
tion in areas with population outmigration or a stagnating 
or declining economic base, or to determine whether hous-
ing benefits can be integrated more effectively with welfare 
reform initiatives: Provided, That amounts made available 
under this paragraph shall be provided in accordance with 
the terms and conditions specified in the explanatory 
statement accompanying this Act: Provided further, That 
none of the funds made available under this heading may 
be used for the construction and facility buildout of a
multi-purpose complex at Indiana University of Pennsyl-
vania. 
The referenced statement of the managers under this 
heading ‘‘Community Planning and Development’’ in title 
II of division K of Public Law 110–161 is deemed to be 
amended by striking ‘‘Custer County, ID for acquisition 
of an unused middle school building’’ and inserting ‘‘Cus-
ter County, ID, to construct a community center’’. 
The referenced statement of the managers under this 
heading ‘‘Community Planning and Development’’ in title 
II of division I of Public Law 111–8 is deemed to be 
amended by striking ‘‘Custer County, ID, to purchase a 
middle school building’’ and inserting ‘‘Custer County, ID, 
to construct a community center’’. 
Of the amounts made available under this heading, 
$150,000,000 shall be made available for a Sustainable 
Communities Initiative to stimulate improved regional 
planning efforts that integrate housing and transportation 
decisions, and to challenge communities to reform zoning 
and land use ordinances: Provided, That $100,000,000 
shall be for Regional Planning Grants to support the link-
ing of transportation and land use planning: Provided fur-
ther, That $40,000,000 shall be for Metropolitan Chal-
lenge Grants to foster reform and reduce barriers to 
achieve affordable, economically vital, and sustainable
communities: Provided further, That up to $10,000,000 
shall be for a joint Department of Housing and Urban 
Development and Department of Transportation research 
effort that shall include a rigorous evaluation of the Re-
gional
Planning
Grants
and
Metropolitan
Challenge 
Grants programs: Provided further, That of the amounts 
made available under this heading, $25,000,000 shall be 
made available for the Rural Innovation Fund to address 
the problems of concentrated rural housing distress and 
community poverty: Provided further, That of the amounts 
made available under this heading, $25,000,000 shall be 
made available for the University Community Fund for 
grants to assist universities in revitalizing their sur-
rounding communities, with special attention to Histori-
cally Black Colleges and Universities, Tribal Colleges and 
Universities, Alaska Native/Native Hawaiian Institutions, 
and Hispanic-Serving Institutions: Provided further, That 
the Secretary shall develop and publish guidelines for the 
use of such competitive funds including, but not limited 
to, eligibility criteria, minimum grant amounts, and per-
formance metrics. 
COMMUNITY DEVELOPMENT LOAN GUARANTEES 
PROGRAM ACCOUNT 
For the cost of guaranteed loans, $6,000,000, to re-
main available until September 30, 2011, as authorized
by section 108 of the Housing and Community Develop-
ment Act of 1974 (42 U.S.C. 5308): Provided, That such 
costs, including the cost of modifying such loans, shall be 
as defined in section 502 of the Congressional Budget Act 
of 1974: Provided further, That these funds are available 
to subsidize total loan principal, any part of which is to 
be guaranteed, not to exceed $275,000,000, notwith-
standing any aggregate limitation on outstanding obliga-
tions guaranteed in section 108(k) of the Housing and 
Community Development Act of 1974, as amended. 
BROWNFIELDS REDEVELOPMENT 
For competitive economic development grants, as au-
thorized by section 108(q) of the Housing and Community 
Development Act of 1974, as amended, for Brownfields 
redevelopment projects, $25,000,000, to remain available 
until September 30, 2011: Provided, That no funds made 
available under this heading may be used to establish loan 
loss reserves for the section 108 Community Development 
Loan Guarantee program. 
HOME INVESTMENT PARTNERSHIPS PROGRAM 
For the HOME investment partnerships program, as 
authorized under title II of the Cranston-Gonzalez Na-
tional Affordable Housing Act, as amended (42 U.S.C. 
12721 et seq.), $2,000,000,000 (reduced by $5,000,000), 
to remain available until September 30, 2012: Provided,
year and prior years, a grantee may use (or could have 
used) as a source of match funds other funds administered 
by the Secretary and other Federal agencies unless there 
is (or was) a specific statutory prohibition on any such 
use of any such funds: Provided further, That the Sec-
retary shall renew on an annual basis expiring contracts 
or amendments to contracts funded under the shelter plus 
care program if the program is determined to be needed 
under the applicable continuum of care and meets appro-
priate program requirements and financial standards, as 
determined by the Secretary: Provided further, That all 
awards of assistance under this heading shall be required 
to coordinate and integrate homeless programs with other 
mainstream health, social services, and employment pro-
grams for which homeless populations may be eligible, in-
cluding Medicaid, State Children’s Health Insurance Pro-
gram, Temporary Assistance for Needy Families, Food 
Stamps, and services funding through the Mental Health 
and Substance Abuse Block Grant, Workforce Investment 
Act, and the Welfare-to-Work grant program: Provided 
further, That up to $8,000,000 of the funds appropriated 
under this heading shall be available for the national 
homeless data analysis project and technical assistance: 
Provided further, That all balances for Shelter Plus Care 
renewals previously funded from the Shelter Plus Care Re-
100 
newal account and transferred to this account shall be 
available, if recaptured, for Shelter Plus Care renewals in 
fiscal year 2010. 
HOUSING PROGRAMS 
PROJECT-BASED RENTAL ASSISTANCE 
For activities and assistance for the provision of 
project-based subsidy contracts under the United States 
Housing Act of 1937 (42 U.S.C. 1437 et seq.) (‘‘the 
Act’’), not otherwise provided for, $8,306,328,000, to re-
main available until expended, shall be available on Octo-
ber 1, 2009, and $393,672,000, to remain available until 
expended, shall be available on October 1, 2010: Provided, 
That the amounts made available under this heading are 
provided as follows: 
(1) Up to $8,474,328,000 shall be available for 
expiring or terminating section 8 project-based sub-
sidy contracts (including section 8 moderate rehabili-
tation contracts), for amendments to section 8 
project-based subsidy contracts (including section 8 
moderate rehabilitation contracts), for contracts en-
tered into pursuant to section 441 of the McKinney- 
Vento Homeless Assistance Act (42 U.S.C. 11401), 
for renewal of section 8 contracts for units in 
projects that are subject to approved plans of action 
under the Emergency Low Income Housing Preser-
102 
section 202(h) of the Housing Act of 1959 (Public 
Law 86–372; 73 Stat. 667); and loans under section 
202 of the Housing Act of 1959 (Public Law 86– 
372; 73 Stat. 667). 
(3) Amounts recaptured under this heading, the 
heading ‘‘Annual Contributions for Assisted Hous-
ing’’, or the heading ‘‘Housing Certificate Fund’’ 
may be used for renewals of or amendments to sec-
tion 8 project-based contracts or for performance- 
based contract administrators, notwithstanding the 
purposes for which such amounts were appropriated. 
HOUSING FOR THE ELDERLY 
For capital advances, including amendments to cap-
ital advance contracts, for housing for the elderly, as au-
thorized by section 202 of the Housing Act of 1959 (12 
U.S.C. 1701(q)), as amended, and for project rental as-
sistance for the elderly under section 202(c)(2) of such 
Act, including amendments to contracts for such assist-
ance and renewal of expiring contracts for such assistance 
for up to a 1-year term, and for supportive services associ-
ated with the housing, $1,000,000,000, to remain avail-
able
until
September
30,
2013,
of
which
up
to 
$872,000,000 shall be for capital advance and project- 
based rental assistance awards: Provided, That, of the 
amount provided under this heading, up to $90,000,000
104 
housing for persons with disabilities under section 811 of 
the Cranston-Gonzalez National Affordable Housing Act: 
Provided further, That the Secretary may waive the provi-
sions of section 202 governing the terms and conditions 
of project rental assistance, except that the initial contract 
term for such assistance shall not exceed 5 years in dura-
tion. 
HOUSING FOR PERSONS WITH DISABILITIES 
For capital advance contracts, including amendments 
to capital advance contracts, for supportive housing for 
persons with disabilities, as authorized by section 811 of 
the Cranston-Gonzalez National Affordable Housing Act 
(42 U.S.C. 8013), for project rental assistance for sup-
portive housing for persons with disabilities under section 
811(d)(2) of such Act, including amendments to contracts 
for such assistance and renewal of expiring contracts for 
such assistance for up to a 1-year term, and for supportive 
services associated with the housing for persons with dis-
abilities as authorized by section 811(b)(1) of such Act, 
and for tenant-based rental assistance contracts entered 
into pursuant to section 811 of such Act, $350,000,000, 
of which up to $214,000,000 shall be for capital advances 
and project-based rental assistance contracts, to remain 
available until September 30, 2013: Provided further, 
That,
of
the
amount
provided
under
this
heading,
105 
$87,100,000 shall be for amendments or renewal of ten-
ant-based assistance contracts entered into prior to fiscal 
year 2005 (only one amendment authorized for any such 
contract): Provided further, That all tenant-based assist-
ance made available under this heading shall continue to 
remain available only to persons with disabilities: Provided 
further, That the Secretary may waive the provisions of 
section 811 governing the terms and conditions of project 
rental assistance and tenant-based assistance, except that 
the initial contract term for such assistance shall not ex-
ceed 5 years in duration: Provided further, That amounts 
made available under this heading shall be available for 
Real Estate Assessment Center inspections and inspec-
tion-related activities associated with section 811 Capital 
Advance Projects. 
HOUSING COUNSELING ASSISTANCE 
For contracts, grants, and other assistance excluding 
loans, as authorized under section 106 of the Housing and 
Urban Development Act of 1968, as amended(12 U.S.C. 
1701(x)), $70,000,000 (increased by $5,000,000), includ-
ing up to $2,500,000 for administrative contract services, 
to remain available until September 30, 2011: Provided, 
That funds shall be used for providing counseling and ad-
vice to tenants and homeowners, both current and pro-
spective, with respect to property maintenance, financial
106 
management/literacy, and such other matters as may be 
appropriate to assist them in improving their housing con-
ditions, meeting their financial needs, and fulfilling the re-
sponsibilities of tenancy or homeownership; for program 
administration; and for housing counselor training. 
ENERGY INNOVATION FUND 
For an Energy Innovation Fund to enable the Fed-
eral Housing Administration and the new Office of Sus-
tainability to catalyze innovations in the residential energy 
efficiency sector that have promise of replicability and help 
create a standardized home energy efficient retrofit mar-
ket, $50,000,000, to remain available until September 30, 
2013: Provided, That $25,000,000 shall be for the Energy 
Efficient Mortgage Innovation pilot program, directed at 
the single family housing market: Provided further, That 
$25,000,000 shall be for the Multifamily Energy Pilot, di-
rected at the multifamily housing market. 
OTHER ASSISTED HOUSING PROGRAMS 
RENTAL HOUSING ASSISTANCE 
For amendments to contracts under section 101 of 
the Housing and Urban Development Act of 1965 (12 
U.S.C. 1701s) and section 236(f)(2) of the National 
Housing Act (12 U.S.C. 1715z–1) in State-aided, non-in-
sured rental housing projects, $40,000,000, to remain 
available until expended.
107 
RENT SUPPLEMENT 
(RESCISSION) 
Of the amounts recaptured from terminated con-
tracts under section 101 of the Housing and Urban Devel-
opment Act of 1965 (12 U.S.C. 1701s) and section 236 
of the National Housing Act (12 U.S.C. 1715z–1) 
$27,600,000 are rescinded. 
PAYMENT TO MANUFACTURED HOUSING FEES TRUST 
FUND 
For necessary expenses as authorized by the National 
Manufactured Housing Construction and Safety Stand-
ards Act of 1974 (42 U.S.C. 5401 et seq.), up to 
$16,000,000, to remain available until expended, of which 
$7,000,000 is to be derived from the Manufactured Hous-
ing Fees Trust Fund: Provided, That not to exceed the 
total amount appropriated under this heading shall be 
available from the general fund of the Treasury to the ex-
tent necessary to incur obligations and make expenditures 
pending the receipt of collections to the Fund pursuant 
to section 620 of such Act: Provided further, That the 
amount made available under this heading from the gen-
eral fund shall be reduced as such collections are received 
during fiscal year 2010 so as to result in a final fiscal 
year 2010 appropriation from the general fund estimated 
at not more than $9,000,000 and fees pursuant to such
108 
section 620 shall be modified as necessary to ensure such 
a final fiscal year 2010 appropriation: Provided further, 
That for the dispute resolution and installation programs, 
the Secretary of Housing and Urban Development may 
assess and collect fees from any program participant: Pro-
vided further, That such collections shall be deposited into 
the Fund, and the Secretary, as provided herein, may use 
such collections, as well as fees collected under section 
620, for necessary expenses of such Act: Provided further, 
That notwithstanding the requirements of section 620 of 
such Act, the Secretary may carry out responsibilities of 
the Secretary under such Act through the use of approved 
service providers that are paid directly by the recipients 
of their services. 
FEDERAL HOUSING ADMINISTRATION 
MUTUAL MORTGAGE INSURANCE PROGRAM ACCOUNT 
(INCLUDING TRANSFERS OF FUNDS) 
During fiscal year 2010, commitments to guarantee 
single family loans insured under the Mutual Mortgage In-
surance Fund shall not exceed a loan principal of 
$400,000,000,000: Provided, That for new loans guaran-
teed pursuant to section 255 of the National Housing Act 
(12 U.S.C. 1715z–20), the Secretary shall adjust the fac-
tors used to calculate the principal limit (as such term 
is defined in HUD Handbook 4235.1) that were assumed
109 
in the President’s Budget Request for 2010 for such 
loans, as necessary to ensure that the program operates 
at a net zero subsidy rate: Provided further, That during 
fiscal year 2010, obligations to make direct loans to carry 
out the purposes of section 204(g) of the National Hous-
ing Act, as amended, shall not exceed $50,000,000: Pro-
vided further, That the foregoing amount shall be for loans 
to nonprofit and governmental entities in connection with 
sales of single family real properties owned by the Sec-
retary and formerly insured under the Mutual Mortgage 
Insurance Fund. For administrative contract expenses of 
the Federal Housing Administration, $188,900,000, of 
which up to $70,794,000 may be transferred to the Work-
ing Capital Fund, and of which up to $7,500,000 shall 
be for education and outreach of FHA single family loan 
products: Provided further, That to the extent guaranteed 
loan commitments exceed $200,000,000,000 on or before 
April 1, 2010, an additional $1,400 for administrative 
contract expenses shall be available for each $1,000,000 
in additional guaranteed loan commitments (including a 
pro rata amount for any amount below $1,000,000), but 
in no case shall funds made available by this proviso ex-
ceed $30,000,000.
110 
GENERAL AND SPECIAL RISK PROGRAM ACCOUNT 
For the cost of guaranteed loans, as authorized by 
sections 238 and 519 of the National Housing Act (12 
U.S.C. 1715z–3 and 1735c), including the cost of loan 
guarantee modifications, as that term is defined in section 
502 of the Congressional Budget Act of 1974, as amend-
ed, $8,600,000, to remain available until expended: Pro-
vided, That commitments to guarantee loans shall not ex-
ceed $15,000,000,000 in total loan principal, any part of 
which is to be guaranteed. 
Gross obligations for the principal amount of direct 
loans, as authorized by sections 204(g), 207(l), 238, and 
519(a) of the National Housing Act, shall not exceed 
$20,000,000, which shall be for loans to nonprofit and 
governmental entities in connection with the sale of single- 
family real properties owned by the Secretary and for-
merly insured under such Act. 
GOVERNMENT NATIONAL MORTGAGE ASSOCIATION 
GUARANTEES OF MORTGAGE-BACKED SECURITIES LOAN 
GUARANTEE PROGRAM ACCOUNT 
New commitments to issue guarantees to carry out 
the purposes of section 306 of the National Housing Act, 
as amended (12 U.S.C. 1721(g)), shall not exceed 
$500,000,000,000, to remain available until September 
30, 2011.
111 
POLICY DEVELOPMENT AND RESEARCH 
RESEARCH AND TECHNOLOGY 
For contracts, grants, and necessary expenses of pro-
grams of research and studies relating to housing and 
urban problems, not otherwise provided for, as authorized 
by title V of the Housing and Urban Development Act 
of 1970 (12 U.S.C. 1701z–1 et seq.), including carrying 
out the functions of the Secretary of Housing and Urban 
Development under section 1(a)(1)(i) of Reorganization 
Plan No. 2 of 1968, $50,000,000, to remain available 
until September 30, 2011. 
FAIR HOUSING AND EQUAL OPPORTUNITY 
FAIR HOUSING ACTIVITIES 
For contracts, grants, and other assistance, not oth-
erwise provided for, as authorized by title VIII of the Civil 
Rights Act of 1968, as amended by the Fair Housing 
Amendments Act of 1988, and section 561 of the Housing 
and Community Development Act of 1987, as amended, 
$72,000,000, to remain available until September 30, 
2011, of which $42,500,000 shall be to carry out activities 
pursuant to such section 561: Provided, That notwith-
standing 31 U.S.C. 3302, the Secretary may assess and 
collect fees to cover the costs of the Fair Housing Training 
Academy, and may use such funds to provide such train-
ing: Provided further, That no funds made available under
112 
this heading shall be used to lobby the executive or legisla-
tive branches of the Federal Government in connection 
with a specific contract, grant or loan. 
OFFICE OF LEAD HAZARD CONTROL AND HEALTHY 
HOMES 
LEAD HAZARD REDUCTION 
For the Lead Hazard Reduction Program, as author-
ized by section 1011 of the Residential Lead-Based Paint 
Hazard Reduction Act of 1992, $140,000,000, to remain 
available until September 30, 2011, of which not less than 
$20,000,000 shall be for the Healthy Homes Initiative, 
pursuant to sections 501 and 502 of the Housing and 
Urban Development Act of 1970 that shall include re-
search, studies, testing, and demonstration efforts, includ-
ing education and outreach concerning lead-based paint 
poisoning and other housing-related diseases and hazards: 
Provided, That for purposes of environmental review, pur-
suant to the National Environmental Policy Act of 1969 
(42 U.S.C. 4321 et seq.) and other provisions of the law 
that further the purposes of such Act, a grant under the 
Healthy Homes Initiative, Operation Lead Elimination 
Action Plan (LEAP), or the Lead Technical Studies pro-
gram under this heading or under prior appropriations 
Acts for such purposes under this heading, shall be consid-
ered to be funds for a special project for purposes of sec-
113 
tion 305(c) of the Multifamily Housing Property Disposi-
tion Reform Act of 1994: Provided further, That amounts 
made available under this heading in this or prior appro-
priations Acts, and that still remain available, may be used 
for any purpose under this heading notwithstanding the 
purpose for which such amounts were appropriated if a 
program competition is undersubscribed and there are 
other program competitions under this heading that are 
oversubscribed. 
MANAGEMENT AND ADMINISTRATION 
WORKING CAPITAL FUND 
(INCLUDING TRANSFER OF FUNDS) 
For additional capital for the Working Capital Fund 
(42 U.S.C. 3535) for the maintenance of infrastructure 
for Department-wide information technology systems, for 
the continuing operation and maintenance of both Depart-
ment-wide and program-specific information systems, and 
for program-related maintenance activities, $200,000,000, 
to remain available until September 30, 2011: Provided, 
That any amounts transferred to this Fund under this Act 
shall remain available until expended: Provided further, 
That any amounts transferred to this Fund from amounts 
appropriated by previously enacted appropriations Acts or 
from within this Act may be used only for the purposes 
specified under this Fund, in addition to the purposes for
114 
which such amounts were appropriated: Provided further, 
That up to $15,000,000 may be transferred to this ac-
count from all other accounts in this title (except for the 
Office of the Inspector General account) that make funds 
available for salaries and expenses. 
OFFICE OF INSPECTOR GENERAL 
For necessary salaries and expenses of the Office of 
Inspector General in carrying out the Inspector General 
Act of 1978, as amended, $120,000,000: Provided, That 
the Inspector General shall have independent authority 
over all personnel issues within this office. 
TRANSFORMATION INITIATIVE 
For necessary expenses for combating mortgage 
fraud, $20,000,000, to remain available until expended. 
In addition, of the amounts made available in this 
Act under each of the following headings under this title, 
the Secretary may transfer to, and merge with, this ac-
count up to 1 percent from each such account, and such 
transferred amounts shall be available until September 30, 
2012, for: (1) research, evaluation, and program metrics; 
(2) program demonstrations; (3) technical assistance and 
capacity building; and (4) information technology: ‘‘Public 
Housing Capital Fund’’, ‘‘Energy Innovation Fund’’, 
‘‘Native American Housing Block Grants’’, ‘‘Native Ha-
waiian Housing Block Grants’’, ‘‘Revitalization of Severely
115 
Distressed Public Housing’’, ‘‘Brownfields Redevelop-
ment’’, ‘‘Section 108 Loan Guarantees’’, ‘‘Housing Oppor-
tunities for Persons With AIDS’’, ‘‘Community Develop-
ment Fund’’, ‘‘HOME Investment Partnerships Pro-
gram’’, ‘‘Self-Help and Assisted Homeownership Oppor-
tunity Program’’, ‘‘Homeless Assistance Grants’’, ‘‘Hous-
ing for the Elderly’’, ‘‘Housing for Persons With Disabil-
ities’’, ‘‘Housing Counseling Assistance’’, ‘‘Payment to 
Manufactured Housing Fees Trust Fund’’, ‘‘Mutual Mort-
gage Insurance Program Account’’, ‘‘General and Special 
Risk Program Account’’, ‘‘Research and Technology’’, 
‘‘Lead Hazard Reduction’’, ‘‘Rental Housing Assistance’’, 
and ‘‘Fair Housing Activities’’: Provided, That the Sec-
retary shall fund each of the four general purposes speci-
fied above at not less than 10 percent, and not more than 
50 percent, of the aggregate transferred amount. 
GENERAL PROVISIONS—DEPARTMENT OF HOUSING AND 
URBAN DEVELOPMENT 
SEC. 201. Fifty percent of the amounts of budget au-
thority, or in lieu thereof 50 percent of the cash amounts 
associated with such budget authority, that are recaptured 
from projects described in section 1012(a) of the Stewart 
B. McKinney Homeless Assistance Amendments Act of 
1988 (42 U.S.C. 1437 note) shall be rescinded or in the 
case of cash, shall be remitted to the Treasury, and such
116 
amounts of budget authority or cash recaptured and not 
rescinded or remitted to the Treasury shall be used by 
State housing finance agencies or local governments or 
local housing agencies with projects approved by the Sec-
retary of Housing and Urban Development for which set-
tlement occurred after January 1, 1992, in accordance 
with such section. Notwithstanding the previous sentence, 
the Secretary may award up to 15 percent of the budget 
authority or cash recaptured and not rescinded or remitted 
to the Treasury to provide project owners with incentives 
to refinance their project at a lower interest rate. 
SEC. 202. None of the amounts made available under 
this Act may be used during fiscal year 2010 to investigate 
or prosecute under the Fair Housing Act any otherwise 
lawful activity engaged in by one or more persons, includ-
ing the filing or maintaining of a non-frivolous legal ac-
tion, that is engaged in solely for the purpose of achieving 
or preventing action by a Government official or entity, 
or a court of competent jurisdiction. 
SEC. 203. (a) Notwithstanding section 854(c)(1)(A) 
of the AIDS Housing Opportunity Act (42 U.S.C. 
12903(c)(1)(A)), from any amounts made available under 
this title for fiscal year 2010 that are allocated under such 
section, the Secretary of Housing and Urban Development
119 
(d) Notwithstanding any other provision of law, the 
amount allocated for fiscal year 2010 under section 854(c) 
of the AIDS Housing Opportunity Act (42 U.S.C. 
12903(c)) to areas with a higher than average per capita 
incidence of AIDS, shall be adjusted by the Secretary on 
the basis of area incidence reported over a 3-year period. 
SEC. 204. Except as explicitly provided in law, any 
grant, cooperative agreement or other assistance made 
pursuant to title II of this Act shall be made on a competi-
tive basis and in accordance with section 102 of the De-
partment of Housing and Urban Development Reform Act 
of 1989 (42 U.S.C. 3545). 
SEC. 205. Funds of the Department of Housing and 
Urban Development subject to the Government Corpora-
tion Control Act or section 402 of the Housing Act of 
1950 shall be available, without regard to the limitations 
on administrative expenses, for legal services on a contract 
or fee basis, and for utilizing and making payment for 
services and facilities of the Federal National Mortgage 
Association, Government National Mortgage Association, 
Federal Home Loan Mortgage Corporation, Federal Fi-
nancing Bank, Federal Reserve banks or any member 
thereof, Federal Home Loan banks, and any insured bank 
within the meaning of the Federal Deposit Insurance Cor-
poration Act, as amended (12 U.S.C. 1811–1).
120 
SEC. 206. Unless otherwise provided for in this Act 
or through a reprogramming of funds, no part of any ap-
propriation for the Department of Housing and Urban 
Development shall be available for any program, project 
or activity in excess of amounts set forth in the budget 
estimates submitted to Congress. 
SEC. 207. Corporations and agencies of the Depart-
ment of Housing and Urban Development which are sub-
ject to the Government Corporation Control Act, are here-
by authorized to make such expenditures, within the limits 
of funds and borrowing authority available to each such 
corporation or agency and in accordance with law, and to 
make such contracts and commitments without regard to 
fiscal year limitations as provided by section 104 of such 
Act as may be necessary in carrying out the programs set 
forth in the budget for 2010 for such corporation or agen-
cy except as hereinafter provided: Provided, That collec-
tions of these corporations and agencies may be used for 
new loan or mortgage purchase commitments only to the 
extent expressly provided for in this Act (unless such loans 
are in support of other forms of assistance provided for 
in this or prior appropriations Acts), except that this pro-
viso shall not apply to the mortgage insurance or guaranty 
operations of these corporations, or where loans or mort-
121 
gage purchases are necessary to protect the financial in-
terest of the United States Government. 
SEC. 208. None of the funds provided in this title 
for technical assistance, training, or management improve-
ments may be obligated or expended unless the Secretary 
of Housing and Urban Development provides to the Com-
mittees on Appropriations a description of each proposed 
activity and a detailed budget estimate of the costs associ-
ated with each program, project or activity as part of the 
Budget Justifications. For fiscal year 2010, the Secretary 
shall transmit this information to the Committees by No-
vember 15, 2009, for 30 days of review. 
SEC. 209. The Secretary of Housing and Urban De-
velopment shall provide quarterly reports to the House 
and Senate Committees on Appropriations regarding all 
uncommitted, unobligated, recaptured and excess funds in 
each program and activity within the jurisdiction of the 
Department and shall submit additional, updated budget 
information to these Committees upon request. 
SEC. 210. (a) Notwithstanding any other provision 
of law, the amount allocated for fiscal year 2010 under 
section 854(c) of the AIDS Housing Opportunity Act (42 
U.S.C. 12903(c)), to the City of Wilmington, Delaware, 
on behalf of the Wilmington, Delaware-Maryland-New 
Jersey Metropolitan Division (hereafter ‘‘metropolitan di-
122 
vision’’), shall be adjusted by the Secretary of Housing 
and Urban Development by allocating to the State of New 
Jersey the proportion of the metropolitan division’s 
amount that is based on the number of cases of AIDS 
reported in the portion of the metropolitan division that 
is located in New Jersey, and adjusting for the proportion 
of the metropolitan division’s high incidence bonus if this 
area in New Jersey also has a higher than average per 
capita incidence of AIDS. The State of New Jersey shall 
use amounts allocated to the State under this subsection 
to carry out eligible activities under section 855 of the 
AIDS Housing Opportunity Act (42 U.S.C. 12904) in the 
portion of the metropolitan division that is located in New 
Jersey. 
(b) Notwithstanding any other provision of law, the 
Secretary of Housing and Urban Development shall allo-
cate to Wake County, North Carolina, the amounts that 
otherwise would be allocated for fiscal year 2010 under 
section 854(c) of the AIDS Housing Opportunity Act (42 
U.S.C. 12903(c)) to the City of Raleigh, North Carolina, 
on behalf of the Raleigh-Cary, North Carolina Metropoli-
tan Statistical Area. Any amounts allocated to Wake 
County shall be used to carry out eligible activities under 
section 855 of such Act (42 U.S.C. 12904) within such 
metropolitan statistical area.
123 
(c) Notwithstanding section 854(c) of the AIDS 
Housing Opportunity Act (42 U.S.C. 12903(c)), the Sec-
retary of Housing and Urban Development may adjust the 
allocation of the amounts that otherwise would be allo-
cated for fiscal year 2010 under section 854(c) of such 
Act, upon the written request of an applicant, in conjunc-
tion with the State(s), for a formula allocation on behalf 
of a metropolitan statistical area, to designate the State 
or States in which the metropolitan statistical area is lo-
cated as the eligible grantee(s) of the allocation. In the 
case that a metropolitan statistical area involves more 
than one State, such amounts allocated to each State shall 
be in proportion to the number of cases of AIDS reported 
in the portion of the metropolitan statistical area located 
in that State. Any amounts allocated to a State under this 
section shall be used to carry out eligible activities within 
the portion of the metropolitan statistical area located in 
that State. 
SEC. 211. The President’s formal budget request for 
fiscal year 2010, as well as the Department of Housing 
and Urban Development’s congressional budget justifica-
tions to be submitted to the Committees on Appropriations 
of the House of Representatives and the Senate, shall use 
the identical account and sub-account structure provided 
under this Act.
124 
SEC. 212. A public housing agency or such other enti-
ty that administers Federal housing assistance for the 
Housing Authority of the county of Los Angeles, Cali-
fornia, the States of Alaska, Iowa, and Mississippi shall 
not be required to include a resident of public housing or 
a recipient of assistance provided under section 8 of the 
United States Housing Act of 1937 on the board of direc-
tors or a similar governing board of such agency or entity 
as required under section (2)(b) of such Act. Each public 
housing agency or other entity that administers Federal 
housing assistance under section 8 for the Housing Au-
thority of the county of Los Angeles, California and the 
States of Alaska, Iowa, and Mississippi that chooses not 
to include a resident of Public Housing or a recipient of 
section 8 assistance on the board of directors or a similar 
governing board shall establish an advisory board of not 
less than six residents of public housing or recipients of 
section 8 assistance to provide advice and comment to the 
public housing agency or other administering entity on 
issues related to public housing and section 8. Such advi-
sory board shall meet not less than quarterly. 
SEC. 213. (a) Notwithstanding any other provision 
of law, subject to the conditions listed in subsection (b), 
for fiscal years 2008 and 2009, the Secretary of Housing 
and Urban Development may authorize the transfer of
125 
some or all project-based assistance, debt and statutorily 
required low-income and very low-income use restrictions, 
associated with one or more multifamily housing project 
to another multifamily housing project or projects. 
(b) The transfer authorized in subsection (a) is sub-
ject to the following conditions: 
(1) The number of low-income and very low-in-
come units and the net dollar amount of Federal as-
sistance provided by the transferring project shall 
remain the same in the receiving project or projects. 
(2) The transferring project shall, as deter-
mined by the Secretary, be either physically obsolete 
or economically non-viable. 
(3) The receiving project or projects shall meet 
or exceed applicable physical standards established 
by the Secretary. 
(4) The owner or mortgagor of the transferring 
project shall notify and consult with the tenants re-
siding in the transferring project and provide a cer-
tification of approval by all appropriate local govern-
mental officials. 
(5) The tenants of the transferring project who 
remain eligible for assistance to be provided by the 
receiving project or projects shall not be required to 
vacate their units in the transferring project or
128 
ston-Gonzalez National Affordable Housing Act; 
or 
(E) housing or vacant land that is subject 
to a use agreement; 
(3)
the
term
‘‘project-based
assistance’’ 
means— 
(A) assistance provided under section 8(b) 
of the United States Housing Act of 1937; 
(B) assistance for housing constructed or 
substantially rehabilitated pursuant to assist-
ance provided under section 8(b)(2) of such Act 
(as such section existed immediately before Oc-
tober 1, 1983); 
(C) rent supplement payments under sec-
tion 101 of the Housing and Urban Develop-
ment Act of 1965; 
(D) interest reduction payments under sec-
tion 236 and/or additional assistance payments 
under section 236(f)(2) of the National Hous-
ing Act; and 
(E) assistance payments made under sec-
tion 202(c)(2) of the Housing Act of 1959; 
(4) the term ‘‘receiving project or projects’’ 
means the multifamily housing project or projects to 
which some or all of the project-based assistance,
129 
debt, and statutorily required use low-income and 
very low-income restrictions are to be transferred; 
(5) the term ‘‘transferring project’’ means the 
multifamily housing project which is transferring 
some or all of the project-based assistance, debt and 
the statutorily required low-income and very low-in-
come use restrictions to the receiving project or 
projects; and 
(6) the term ‘‘Secretary’’ means the Secretary 
of Housing and Urban Development. 
SEC. 214. The funds made available for Native Alas-
kans under the heading ‘‘Native American Housing Block 
Grants’’ in title II of this Act shall be allocated to the 
same Native Alaskan housing block grant recipients that 
received funds in fiscal year 2005. 
SEC. 215. No funds provided under this title may be 
used for an audit of the Government National Mortgage 
Association that makes applicable requirements under the 
Federal Credit Reform Act of 1990 (2 U.S.C. 661 et seq.). 
SEC. 216. (a) No assistance shall be provided under 
section 8 of the United States Housing Act of 1937 (42 
U.S.C. 1437f) to any individual who— 
(1) is enrolled as a student at an institution of 
higher education (as defined under section 102 of
130 
the Higher Education Act of 1965 (20 U.S.C. 
1002)); 
(2) is under 24 years of age; 
(3) is not a veteran; 
(4) is unmarried; 
(5) does not have a dependent child; 
(6) is not a person with disabilities, as such 
term is defined in section 3(b)(3)(E) of the United 
States
Housing
Act
of
1937
(42
U.S.C. 
1437a(b)(3)(E)) and was not receiving assistance 
under such section 8 as of November 30, 2005; and 
(7) is not otherwise individually eligible, or has 
parents who, individually or jointly, are not eligible, 
to receive assistance under section 8 of the United 
States Housing Act of 1937 (42 U.S.C. 1437f). 
(b) For purposes of determining the eligibility of a 
person to receive assistance under section 8 of the United 
States Housing Act of 1937 (42 U.S.C. 1437f), any finan-
cial assistance (in excess of amounts received for tuition) 
that an individual receives under the Higher Education 
Act of 1965 (20 U.S.C. 1001 et seq.), from private 
sources, or an institution of higher education (as defined 
under the Higher Education Act of 1965 (20 U.S.C. 
1002)), shall be considered income to that individual, ex-
131 
cept for a person over the age of 23 with dependent chil-
dren. 
SEC. 217. Notwithstanding the limitation in the first 
sentence of section 255(g) of the National Housing Act 
(12 U.S.C. 1715z–20(g)), the Secretary of Housing and 
Urban Development may, until September 30, 2010, in-
sure and enter into commitments to insure mortgages 
under section 255 of the National Housing Act (12 U.S.C. 
1715z–20). 
SEC. 218. Notwithstanding any other provision of 
law, in fiscal year 2010, in managing and disposing of any 
multifamily property that is owned or has a mortgage held 
by the Secretary of Housing and Urban Development, the 
Secretary shall maintain any rental assistance payments 
under section 8 of the United States Housing Act of 1937 
and other programs that are attached to any dwelling 
units in the property. To the extent the Secretary deter-
mines, in consultation with the tenants and the local gov-
ernment, that such a multifamily property owned or held 
by the Secretary is not feasible for continued rental assist-
ance payments under such section 8 or other programs, 
based on consideration of: (1) the costs of rehabilitating 
and operating the property and all available Federal, 
State, and local resources, including rent adjustments 
under section 524 of the Multifamily Assisted Housing
132 
Reform and Affordability Act of 1997 (‘‘MAHRAA’’); and 
(2) environmental conditions that cannot be remedied in 
a cost-effective fashion, the Secretary may, in consultation 
with the tenants of that property, contract for project- 
based rental assistance payments with an owner or owners 
of other existing housing properties, or provide other rent-
al assistance. The Secretary shall also take appropriate 
steps to ensure that project-based contracts remain in ef-
fect prior to foreclosure, subject to the exercise of contrac-
tual abatement remedies to assist relocation of tenants for 
imminent major threats to health and safety. After dis-
position of any multifamily property described under this 
section, the contract and allowable rent levels on such 
properties shall be subject to the requirements under sec-
tion 524 of MAHRAA. 
SEC. 219. During fiscal year 2010, in the provision 
of rental assistance under section 8(o) of the United 
States Housing Act of 1937 (42 U.S.C. 1437f(o)) in con-
nection with a program to demonstrate the economy and 
effectiveness of providing such assistance for use in as-
sisted living facilities that is carried out in the counties 
of the State of Michigan notwithstanding paragraphs (3) 
and (18)(B)(iii) of such section 8(o), a family residing in 
an assisted living facility in any such county, on behalf 
of which a public housing agency provides assistance pur-
133 
suant to section 8(o)(18) of such Act, may be required, 
at the time the family initially receives such assistance, 
to pay rent in an amount exceeding 40 percent of the 
monthly adjusted income of the family by such a percent-
age or amount as the Secretary of Housing and Urban 
Development determines to be appropriate. 
SEC. 220. The Secretary of Housing and Urban De-
velopment shall report quarterly to the House of Rep-
resentatives and Senate Committees on Appropriations on 
HUD’s use of all sole source contracts, including terms 
of the contracts, cost, and a substantive rationale for 
using a sole source contract. 
SEC. 221. Notwithstanding any other provision of 
law, the recipient of a grant under section 202b of the 
Housing Act of 1959 (12 U.S.C. 1701q–z) after December 
26, 2000, in accordance with the unnumbered paragraph 
at the end of section 202(b) of such Act, may, at its op-
tion, establish a single-asset nonprofit entity to own the 
project and may lend the grant funds to such entity, which 
may be a private nonprofit organization described in sec-
tion 831 of the American Homeownership and Economic 
Opportunity Act of 2000. 
SEC. 222. (a) The amounts provided under the sub-
heading ‘‘Program Account’’ under the heading ‘‘Commu-
nity Development Loan Guarantees’’ may be used to guar-
134 
antee, or make commitments to guarantee, notes, or other 
obligations issued by any State on behalf of non-entitle-
ment communities in the State in accordance with the re-
quirements of section 108 of the Housing and Community 
Development Act of 1974: Provided, That, any State re-
ceiving such a guarantee or commitment shall distribute 
all funds subject to such guarantee to the units of general 
local government in non-entitlement areas that received 
the commitment. 
(b) Not later than 60 days after the date of enact-
ment of this Act, the Secretary of Housing and Urban 
Development shall promulgate regulations governing the 
administration of the funds described under subsection 
(a). 
SEC. 223. Section 24 of the United States Housing 
Act of 1937 (42 U.S.C. 1437v) is amended— 
(1) in subsection (m)(1), by striking ‘‘fiscal 
year’’ and all that follows through the period at the 
end and inserting ‘‘fiscal year 2010.’’; and 
(2) in subsection (o), by striking ‘‘September’’ 
and all that follows through the period at the end 
and inserting ‘‘September 30, 2010.’’. 
SEC. 224. Public housing agencies that own and oper-
ate 400 or fewer public housing units may elect to be ex-
empt from any asset management requirement imposed by
135 
the Secretary of Housing and Urban Development in con-
nection with the operating fund rule: Provided, That an 
agency seeking a discontinuance of a reduction of subsidy 
under the operating fund formula shall not be exempt 
from asset management requirements. 
SEC. 225. With respect to the use of amounts pro-
vided in this Act and in future Acts for the operation, cap-
ital improvement and management of public housing as 
authorized by sections 9(d) and 9(e) of the United States 
Housing Act of 1937 (42 U.S.C. 1437g(d) and (e)), the 
Secretary shall not impose any requirement or guideline 
relating to asset management that restricts or limits in 
any way the use of capital funds for central office costs 
pursuant to section 9(g)(1) or 9(g)(2) of the United States 
Housing Act of 1937 (42 U.S.C. 1437g(g)(1), (2)): Pro-
vided, however, that a public housing agency may not use 
capital funds authorized under section 9(d) for activities 
that are eligible under section 9(e) for assistance with 
amounts from the operating fund in excess of the amounts 
permitted under section 9(g)(1) or 9(g)(2). 
SEC. 226. No official or employee of the Department 
of Housing and Urban Development shall be designated 
as an allotment holder unless the Office of the Chief Fi-
nancial Officer has determined that such allotment holder 
has implemented an adequate system of funds control and
136 
has received training in funds control procedures and di-
rectives. The Chief Financial Officer shall ensure that, not 
later than 90 days after the date of enactment of this Act, 
there is a trained allotment holder for each HUD sub-
account under the headings ‘‘Executive Direction’’ and 
‘‘Administration, Operations, and Management’’ as well as 
each account receiving appropriations for ‘‘personnel com-
pensation and benefits’’ within the Department of Hous-
ing and Urban Development. 
SEC. 227. Payment of attorney fees in program-re-
lated litigation must be paid from individual program of-
fice personnel benefits and compensation funding. The an-
nual budget submission for program office personnel ben-
efit and compensation funding must include program-re-
lated litigation costs for attorney fees as a separate line 
item request. 
SEC. 228. The Secretary of the Department of Hous-
ing and Urban Development shall for fiscal year 2010 and 
subsequent fiscal years, notify the public through the Fed-
eral Register and other means, as determined appropriate, 
of the issuance of a notice of the availability of assistance 
or notice of funding availability (NOFA) for any program 
or discretionary fund administered by the Secretary that 
is to be competitively awarded. Notwithstanding any other 
provision of law, for fiscal year 2010 and subsequent fiscal
137 
years, the Secretary may make the NOFA available only 
on the Internet at the appropriate government website or 
websites or through other electronic media, as determined 
by the Secretary. 
SEC. 229. Prepayment and Refinancing. 
(a) APPROVAL OF PREPAYMENT OF DEBT.—Upon 
request of the project sponsor of a project assisted with 
a loan under section 202 of the Housing Act of 1959 (as 
in effect before the enactment of the Cranston-Gonzalez 
National Affordable Housing Act), for which the Sec-
retary’s consent to prepayment is required, the Secretary 
shall approve the prepayment of any indebtedness to the 
Secretary relating to any remaining principal and interest 
under the loan as part of a prepayment plan under 
which— 
(1) the project sponsor agrees to operate the 
project until the maturity date of the original loan 
under terms at least as advantageous to existing and 
future tenants as the terms required by the original 
loan agreement or any project-based rental assist-
ance payments contract under section 8 of the 
United States Housing Act of 1937 (or any other 
project-based rental housing assistance programs of 
the Department of Housing and Urban Develop-
ment, including the rent supplement program under
138 
section 101 of the Housing and Urban Development 
Act of 1965 (12 U.S.C. 1701s)) or any successor 
project-based rental assistance program, except as 
provided by subsection (a)(2)(B); and 
(2) the prepayment may involve refinancing of 
the loan if such refinancing results— 
(A) in a lower interest rate on the prin-
cipal of the loan for the project and in reduc-
tions in debt service related to such loan; or 
(B) in the case of a project that is assisted 
with a loan under such section 202 carrying an 
interest rate of 6 percent or lower, a trans-
action under which— 
(i) the project owner shall address the 
physical needs of the project; 
(ii) the prepayment plan for the trans-
action,
including
the
refinancing,
shall 
meet a cost benefit analysis, as established 
by the Secretary, that the benefit of the 
transaction
outweighs
the
cost
of
the 
transaction including any increases in rent 
charged to unassisted tenants; 
(iii) the overall cost for providing 
rental assistance under section 8 for the
139 
project (if any) is not increased, except, 
upon approval by the Secretary to— 
(I) mark-up-to-market contracts 
pursuant to section 524(a)(3) of the 
Multifamily Assisted Housing Reform 
and
Affordability
Act
(42
U.S.C. 
1437f note), as such section is carried 
out by the Secretary for properties 
owned by nonprofit organizations; or 
(II) mark-up-to-budget contracts 
pursuant to section 524(a)(4) of the 
Multifamily Assisted Housing Reform 
and
Affordability
Act
(42
U.S.C. 
1437f note), as such section is carried 
out by the Secretary for properties 
owned by eligible owners ( as such 
term is defined in section 202(k) of 
the Housing Act of 1959 (12 U.S.C. 
1701q(k)); 
(iv) the project owner may charge ten-
ants rent sufficient to meet debt service 
payments and operating cost requirements, 
as approved by the Secretary, if project- 
based rental assistance is not available or 
is insufficient for the debt service and op-
140 
erating
cost
of
the
project
after
refi-
nancing. Such approval by the Secretary— 
(I) shall be the basis for the 
owner
to
agree
to
terminate
the 
project-based rental assistance con-
tract that is insufficient for the debt 
service
and
operating
cost
of
the 
project after refinancing; and 
(II) shall be an eligibility event 
for the project for purposes of section 
8(t) of the United States Housing Act 
of 1937 (42 U.S.C. 1437f(t)); 
(v) units to be occupied by tenants as-
sisted under section 8(t) of the United 
States Housing Act of 1937 (42 U.S.C. 
1437f(t)) shall, upon termination of the oc-
cupancy of such tenants, become eligible 
for project-based assistance under section 
8(o)(13) of the United States Housing Act 
of 1937 (42 U.S.C. 1437f(o)(13)) without 
regard to the percentage limitations pro-
vided in such section; and 
(vi) there shall be a use agreement of 
20 years from the date of the maturity 
date of the original 202 loan for all units,
141 
including units to be occupied by tenants 
assisted under section 8(t) of the United 
States Housing Act of 1937 (42 U.S.C. 
1437f(t)). 
SEC. 230. No property identified by the Secretary of 
Housing and Urban Development as surplus Federal prop-
erty for use to assist the homeless shall be made available 
to any homeless group unless the group is a member in 
good standing under any of HUD’s homeless assistance 
programs or is in good standing with any other program 
which receives funds from any other Federal or State 
agency or entity: Provided, That an exception may be 
made for an entity not involved with Federal homeless pro-
grams to use surplus Federal property for the homeless 
only after the Secretary or another responsible Federal 
agency has fully and comprehensively reviewed all relevant 
finances of the entity, the track record of the entity in 
assisting the homeless, the ability of the entity to manage 
the property, including all costs, the ability of the entity 
to administer homeless programs in a manner that is ef-
fective to meet the needs of the homeless population that 
is expected to use the property and any other related 
issues that demonstrate a commitment to assist the home-
less: Provided further, That the Secretary shall not require 
the entity to have cash in hand in order to demonstrate
142 
financial ability but may rely on the entity’s prior dem-
onstrated fundraising ability or commitments for in-kind 
donations of goods and services: Provided further, That 
the Secretary shall make all such information and its deci-
sion regarding the award of the surplus property available 
to the committees of jurisdiction, including a full justifica-
tion of the appropriateness of the use of the property to 
assist the homeless as well as the appropriateness of the 
group seeking to obtain the property to use such property 
to assist the homeless: Provided further, That, this section 
shall apply to properties in fiscal year 2009 and 2010 
made available as surplus Federal property for use to as-
sist the homeless. 
SEC. 231. The Secretary of the Department of Hous-
ing and Urban Development is authorized to transfer up 
to 5 percent of funds appropriated for any account under 
this title under the heading ‘‘Personnel Compensation and 
Benefits’’ to any other account under this title under the 
heading ‘‘Personnel Compensation and Benefits’’ only 
after such transfer has been submitted to, and received 
prior written approval by, the House and Senate Commit-
tees on Appropriations: Provided, That, no appropriation 
for any such account shall be increased or decreased by 
more than 10 percent by all such transfers.
143 
SEC. 232. The Disaster Housing Assistance Pro-
grams, administered by the Department of Housing and 
Urban Development, shall be considered a ‘‘program of 
the Department of Housing and Urban Development’’ 
under section 904 of the McKinney Act for the purpose 
of income verifications and matching. 
SEC. 233. FHA Loan Limits for fiscal year 2010. (a) 
LOAN LIMIT FLOOR BASED ON 2008 LEVELS- For 
mortgages for which the mortgagee issues credit approval 
for the borrower during fiscal year 2010, if the dollar 
amount limitation on the principal obligation of a mort-
gage determined under section 203(b)(2) of the National 
Housing Act (12 U.S.C. 1709(b)(2)) for any size residence 
for any area is less than such dollar amount limitation 
that was in effect for such size residence for such area 
for 2008 pursuant to section 202 of the Economic Stim-
ulus Act of 2008 (Public Law 110-185; 122 Stat. 620), 
notwithstanding any other provision of law, the maximum 
dollar amount limitation on the principal obligation of a 
mortgage for such size residence for such area for pur-
poses of such section 203(b)(2) shall be considered (except 
for purposes of section 255(g) of such Act (12 U.S.C. 
1715z-20(g))) to be such dollar amount limitation in effect 
for such size residence for such area for 2008. (b) Discre-
tionary Authority for Sub-Areas- Notwithstanding any
144 
other provision of law, if the Secretary of Housing and 
Urban Development determines, for any geographic area 
that is smaller than an area for which dollar amount limi-
tations on the principal obligation of a mortgage are deter-
mined under section 203(b)(2) of the National Housing 
Act, that a higher such maximum dollar amount limitation 
is warranted for any particular size or sizes of residences 
in such sub-area by higher median home prices in such 
sub-area, the Secretary may, for mortgages for which the 
mortgagee issues credit approval for the borrower during 
fiscal year 2010, increase the maximum dollar amount 
limitation for such size or sizes of residences for such sub- 
area that is otherwise in effect (including pursuant to sub-
section (a) of this section), but in no case to an amount 
that exceeds the amount specified in section 202(a)(2) of 
the Economic Stimulus Act of 2008. 
SEC. 234. GSE Conforming Loan Limits for fiscal 
year 2010. (a) Loan Limit Floor Based on 2008 Levels- 
For mortgages originated during fiscal year 2010, if the 
limitation on the maximum original principal obligation of 
a mortgage that may be purchased by the Federal Na-
tional Mortgage Association or the Federal Home Loan 
Mortgage Corporation determined under section 302(b)(2) 
of the Federal National Mortgage Association Charter Act 
(12 U.S.C. 1717(b)(2)) or section 305(a)(2) of the Fed-
165 
enactment of this Act, require applications for funding pro-
vided under this heading to be submitted so sooner than 
120 days after the publication of such criteria, and an-
nounce all projects selected to be funded from funds provided 
under this heading no sooner than September 15, 2010: Pro-
vided further, That the Secretary may retain up to 
$25,000,000 of the funds provided under this heading, and 
may transfer portions of those funds to the Administrators 
of the Federal Highway Administration, the Federal Tran-
sit Administration, the Federal Railroad Administration 
and the Federal Maritime Administration, to fund the 
award and oversight of grants made under this heading. 
FINANCIAL MANAGEMENT CAPITAL 
For necessary expenses for upgrading and enhancing 
the Department of Transportation’s financial systems and 
re-engineering business processes, $5,000,000, to remain 
available until expended. 
OFFICE OF CIVIL RIGHTS 
For necessary expenses of the Office of Civil Rights, 
$9,667,000. 
TRANSPORTATION PLANNING, RESEARCH, AND 
DEVELOPMENT 
For necessary expenses for conducting transportation 
planning, research, systems development, development ac-
185 
(A) amounts authorized to be appropriated 
for such programs that are apportioned to each 
State for such fiscal year, bear to 
(B) the total of the amounts authorized to 
be appropriated for such programs that are ap-
portioned to all States for such fiscal year. 
(b) EXCEPTIONS FROM OBLIGATION LIMITATION.— 
The obligation limitation for Federal-aid highways shall 
not apply to obligations: (1) under section 125 of title 23, 
United States Code; (2) under section 147 of the Surface 
Transportation Assistance Act of 1978; (3) under section 
9 of the Federal-Aid Highway Act of 1981; (4) under sub-
sections (b) and (j) of section 131 of the Surface Transpor-
tation Assistance Act of 1982; (5) under subsections (b) and 
(c) of section 149 of the Surface Transportation and Uni-
form Relocation Assistance Act of 1987; (6) under sections 
1103 through 1108 of the Intermodal Surface Transpor-
tation Efficiency Act of 1991; (7) under section 157 of title 
23, United States Code, as in effect on the day before the 
date of the enactment of the Transportation Equity Act for 
the 21st Century; (8) under section 105 of title 23, United 
States Code, as in effect for fiscal years 1998 through 2004, 
but only in an amount equal to $639,000,000 for each of 
those fiscal years; (9) for Federal-aid highway programs for 
which obligation authority was made available under the