datamatters24/research-document-archive huggingface dataset:
129 
HR 3288 PP
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 
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130 
HR 3288 PP
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-
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H. R. 3288—374 
to Borrow: Provided, That each such report shall include the fol-
lowing: 
(1) A description of the economies of countries requiring 
the assistance from the New Arrangements to Borrow, including 
the monetary, fiscal, and exchange rate policies of the countries. 
(2) A description of the degree to which the countries 
requiring the assistance have implemented domestic reforms 
including— 
(A) the enactment and implementation of appropriate 
financial reform legislation; 
(B) strengthening the domestic financial system and 
improving transparency and supervision; 
(C) opening domestic capital markets; and 
(D) making nontransparent conglomerate practices 
more transparent through the application of internationally 
accepted accounting practices, independent external audits, 
full disclosure, and provision of consolidated statements. 
(3) A detailed summary of the trade policies of the coun-
tries, including any unfair trade practices or adverse effects 
of the trade policies on the United States. 
(4) The amount, rate of interest, and disbursement and 
repayment schedules of any funds disbursed by the Inter-
national Monetary Fund pursuant to the New Arrangements 
to Borrow. 
INTELLECTUAL PROPERTY RIGHTS PROTECTIONS 
SEC. 7091. Not later than 60 days after enactment of this 
Act and every 120 days thereafter until September 30, 2010, the 
Secretary of State shall submit a report to the Committees on 
Appropriations detailing actions taken by the Secretary during 
negotiations on the United Nations Framework Convention on Cli-
mate Change, and subsequent international climate change negotia-
tions, to promote compliance with and enforcement of existing inter-
national legal requirements concerning intellectual property rights 
and effective intellectual property rights protection and enforcement 
for energy and environmental technologies. 
PROHIBITION ON CERTAIN FIRST-CLASS TRAVEL 
SEC. 7092. None of the funds made available in this Act may 
be used for first-class travel by employees of agencies funded by 
this Act in contravention of sections 301–10.122 through 301–10.124 
of title 41, Code of Federal Regulations. 
LIMITATION ON USE OF FUNDS IN CONTRAVENTION OF CERTAIN LAWS 
SEC. 7093. None of the funds made available in this Act or 
prior Acts may be used in contravention of any provision of, or 
amendment made by, this Act or sections 1110, 1112, 1403, or 
1404 of the Supplemental Appropriations Act, 2009 (Public Law 
111–32), unless such authority is expressly provided in statute: 
Provided, That if a determination is made on constitutional grounds 
by the Executive Branch that any provision of law covered by 
the preceding sentence shall not apply, the head of the relevant 
Federal agency shall notify the Committees on Appropriations in 
writing within 5 days of such determination, the basis for such 
determination and any resulting changes to program and policy.
H. R. 3288—375 
This division may be cited as the ‘‘Department of State, Foreign 
Operations, and Related Programs Appropriations Act, 2010’’ 
Speaker of the House of Representatives. 
Vice President of the United States and
President of the Senate.
167 
cessories therefor; specialized equipment and training de-
vices; expansion of public and private plants, including the 
land necessary therefor, for the foregoing purposes, and such 
lands and interests therein, may be acquired, and construc-
tion prosecuted thereon prior to approval of title; and pro-
curement and installation of equipment, appliances, and 
machine tools in public and private plants; reserve plant 
and Government and contractor-owned equipment layaway; 
and other expenses necessary for the foregoing purposes, 
$1,257,053,000, to remain available for obligation until 
September 30, 2012. 
PROCUREMENT OF WEAPONS AND TRACKED COMBAT 
VEHICLES, ARMY 
For construction, procurement, production, and modi-
fication of weapons and tracked combat vehicles, equipment, 
including ordnance, spare parts, and accessories therefor; 
specialized equipment and training devices; expansion of 
public and private plants, including the land necessary 
therefor, for the foregoing purposes, and such lands and in-
terests therein, may be acquired, and construction pros-
ecuted thereon prior to approval of title; and procurement 
and installation of equipment, appliances, and machine 
tools in public and private plants; reserve plant and Gov-
ernment and contractor-owned equipment layaway; and 
other expenses necessary for the foregoing purposes,
HR 3288 RFS 
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 
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HR 3288 RFS 
(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— 
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HR 3288 RFS 
(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-
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145 
eral Home Loan Mortgage Corporation Act (12 U.S.C. 
1754(a)(2)), respectively, for any size residence for any 
area is less than such maximum original principal obliga-
tion limitation that was in effect for such size residence 
for such area for 2008 pursuant to section 201 of the Eco-
nomic Stimulus Act of 2008 (Public Law 110-185; 122 
Stat. 619), notwithstanding any other provision of law, the 
limitation on the maximum original principal obligation of 
a mortgage for such Association and Corporation for such 
size residence for such area shall be such maximum limita-
tion in effect for such size residence for such area for 
2008. (b) Discretionary Authority for Sub-Areas- Not-
withstanding any other provision of law, if the Director 
of the Federal Housing Finance Agency determines, for 
any geographic area that is smaller than an area for which 
limitations on the maximum original principal obligation 
of a mortgage are determined for the Federal National 
Mortgage Association or the Federal Home Loan Mort-
gage Corporation, that a higher such maximum original 
principal obligation limitation is warranted for any par-
ticular size or sizes of residences in such sub-area by high-
er median home prices in such sub-area, the Director may, 
for mortgages originated during fiscal year 2010, increase 
the maximum original principal obligation limitation for 
such size or sizes of residences for such sub-area that is
126 
projects until new units in the receiving project are 
available for occupancy. 
(6) The Secretary determines that this transfer 
is in the best interest of the tenants. 
(7) If either the transferring project or the re-
ceiving project or projects meets the condition speci-
fied in subsection (c)(2)(A), any lien on the receiving 
project resulting from additional financing obtained 
by the owner shall be subordinate to any FHA-in-
sured mortgage lien transferred to, or placed on, 
such project by the Secretary. 
(8) If the transferring project meets the re-
quirements of subsection (c)(2)(E), the owner or 
mortgagor of the receiving project or projects shall 
execute and record either a continuation of the exist-
ing use agreement or a new use agreement for the 
project where, in either case, any use restrictions in 
such agreement are of no lesser duration than the 
existing use restrictions. 
(9) Any financial risk to the FHA General and 
Special Risk Insurance Fund, as determined by the 
Secretary, would be reduced as a result of a transfer 
completed under this section. 
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127 
(10) The Secretary determines that Federal li-
ability with regard to this project will not be in-
creased. 
(c) For purposes of this section— 
(1) the terms ‘‘low-income’’ and ‘‘very low-in-
come’’ shall have the meanings provided by the stat-
ute and/or regulations governing the program under 
which the project is insured or assisted; 
(2) the term ‘‘multifamily housing project’’ 
means housing that meets one of the following con-
ditions— 
(A) housing that is subject to a mortgage 
insured under the National Housing Act; 
(B) housing that has project-based assist-
ance attached to the structure including 
projects undergoing mark to market debt re-
structuring under the Multifamily Assisted 
Housing Reform and Affordability Housing Act; 
(C) housing that is assisted under section 
202 of the Housing Act of 1959 as amended by 
section 801 of the Cranston-Gonzalez National 
Affordable Housing Act; 
(D) housing that is assisted under section 
202 of the Housing Act of 1959, as such sec-
tion existed before the enactment of the Cran-
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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, 
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Calendar No. 159 
111TH CONGRESS 
1ST SESSION 
H. R. 3326 
[Report No. 111–74] 
AN ACT 
Making appropriations for the Department of De-
fense for the fiscal year ending September 30, 
2010, and for other purposes. 
AUGUST 3, 2009 
Received; read twice and referred to the Committee on 
Appropriations 
SEPTEMBER 10, 2009 
Reported with an amendment
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, 
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HR 3288 RFS 
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. 
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actment of this Act, the Administrator shall begin imple-
mentation of the plan developed under subsection (a). 
SEC. 15. SAFETY MANAGEMENT SYSTEMS. 
(a) RULEMAKING.—The Administrator of the Fed-
eral Aviation Administration shall conduct a rulemaking 
proceeding to require all part 121 air carriers to imple-
ment a safety management system. 
(b) MATTERS TO CONSIDER.—In conducting the rule-
making under subsection (a), the Administrator shall con-
sider, at a minimum, including each of the following as 
a part of the safety management system: 
(1) An aviation safety action program. 
(2) A flight operational quality assurance pro-
gram. 
(3) A line operations safety audit. 
(4) An advanced qualification program. 
(c) DEADLINES.—The Administrator shall issue— 
(1) not later than 90 days after the date of en-
actment of this Act, a notice of proposed rulemaking 
under subsection (a); and 
(2) not later than 24 months after the date of 
enactment of this Act, a final rule under subsection 
(a). 
(d) SAFETY MANAGEMENT SYSTEM DEFINED.—In 
this section, the term ‘‘safety management system’’ means
(d) APPLICABILITY OF OBLIGATION LIMITATIONS TO 
TRANSPORTATION RESEARCH PROGRAMS.—The obliga-
tion limitation shall apply to transportation research pro-
grams carried out under chapter 5 of title 23, United 
States Code, and title V (research title) of the Safe, Ac-
countable, Flexible, Efficient Transportation Equity Act: 
A Legacy for Users, except that obligation authority made 
available for such programs under such limitation shall re-
main available for a period of 3 fiscal years and shall be 
in addition to the amount of any limitation imposed on 
obligations for Federal-aid highway and highway safety 
construction programs for future fiscal years. 
(e)
REDISTRIBUTION
OF
CERTAIN
AUTHORIZED 
FUNDS.— 
(1) IN GENERAL.—Not later than 30 days after 
the date of the distribution of obligation limitation 
under subsection (a), the Secretary shall distribute 
to the States any funds that— 
(A) are authorized to be appropriated for 
such fiscal year for Federal-aid highways pro-
grams; and 
(B) the Secretary determines will not be 
allocated to the States, and will not be available 
for obligation, in such fiscal year due to the im-
position of any obligation limitation for such 
fiscal year. 
(2) RATIO.—Funds shall be distributed under 
paragraph (1) in the same ratio as the distribution 
of obligation authority under subsection (a)(6). 
(3) AVAILABILITY.—Funds distributed under 
paragraph (1) shall be available for any purposes de-
scribed in section 133(b) of title 23, United States 
Code. 
(f) SPECIAL LIMITATION CHARACTERISTICS.—Obli-
gation limitation distributed for a fiscal year under sub-
section (a)(4) for the provision specified in subsection 
(a)(4) shall— 
(1) remain available until used for obligation of 
funds for that provision; and 
(2) be in addition to the amount of any limita-
tion imposed on obligations for Federal-aid highway 
and highway safety construction programs for future 
fiscal years. 
(g) HIGH PRIORITY PROJECT FLEXIBILITY.— 
(1) IN GENERAL.—Subject to paragraph (2), 
obligation authority distributed for such fiscal year 
under subsection (a)(4) for each project numbered 1 
through 3676 listed in the table contained in section 
1702 of the Safe, Accountable, Flexible, Efficient
193 
considered to be a non-toll lane for purposes of deter-
mining whether a highway will have fewer non-toll 
lanes than prior to the date of imposition of the toll, 
if— 
(A) high-occupancy vehicles occupied by the 
number of passengers specified by the entity op-
erating the toll lane may use the toll lane with-
out 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. 126. Item 4866A in the table contained in section 
1702 of the Safe, Accountable, Flexible, Efficient Transpor-
tation Equity Act: A Legacy for Users (Public Law 109– 
59) is amended by striking ‘‘Repair and restore’’ and in-
serting ‘‘Removal of and enhancements around’’. 
SEC. 127. Item 3923 in the table contained in section 
1702 of the Safe, Accountable, Flexible, Efficient Transpor-
tation Equity Act: A Legacy for Users (Public Law 109–