H. R. 3288—77 
SEC. 402. None of the funds in this Act shall be used for 
the planning or execution of any program to pay the expenses 
of, or otherwise compensate, non-Federal parties intervening in 
regulatory or adjudicatory proceedings funded in this Act. 
SEC. 403. None of the funds appropriated in this Act shall 
remain available for obligation beyond the current fiscal year, nor 
may any be transferred to other appropriations, unless expressly 
so provided herein. 
SEC. 404. The expenditure of any appropriation under this 
Act for any consulting service through procurement contract pursu-
ant to section 3109 of title 5, United States Code, shall be limited 
to those contracts where such expenditures are a matter of public 
record and available for public inspection, except where otherwise 
provided under existing law, or under existing Executive order 
issued pursuant to existing law. 
SEC. 405. Except as otherwise provided in this Act, none of 
the funds provided in this Act, provided by previous appropriations 
Acts to the agencies or entities funded in this Act that remain 
available for obligation or expenditure in fiscal year 2010, or pro-
vided from any accounts in the Treasury derived by the collection 
of fees and available to the agencies funded by this Act, shall 
be available for obligation or expenditure through a reprogramming 
of funds that: (1) creates a new program; (2) eliminates a program, 
project, or activity; (3) increases funds or personnel for any program, 
project, or activity for which funds have been denied or restricted 
by the Congress; (4) proposes to use funds directed for a specific 
activity by either the House or Senate Committees on Appropria-
tions for a different purpose; (5) augments existing programs, 
projects, or activities in excess of $5,000,000 or 10 percent, which-
ever is less; (6) reduces existing programs, projects, or activities 
by $5,000,000 or 10 percent, whichever is less; or (7) creates, reorga-
nizes, or restructures a branch, division, office, bureau, board, 
commission, agency, administration, or department different from 
the budget justifications submitted to the Committees on Appropria-
tions or the table accompanying the explanatory statement accom-
panying this Act, whichever is more detailed, unless prior approval 
is received from the House and Senate Committees on Appropria-
tions: Provided, That not later than 60 days after the date of 
enactment of this Act, each agency funded by this Act shall submit 
a report to the Committees on Appropriations of the Senate and 
of the House of Representatives to establish the baseline for applica-
tion of reprogramming and transfer authorities for the current 
fiscal year: Provided further, That the report shall include: (1) 
a table for each appropriation with a separate column to display 
the President’s budget request, adjustments made by Congress, 
adjustments due to enacted rescissions, if appropriate, and the 
fiscal year enacted level; (2) a delineation in the table for each 
appropriation both by object class and program, project, and activity 
as detailed in the budget appendix for the respective appropriation; 
and (3) an identification of items of special congressional interest: 
Provided further, That the amount appropriated or limited for sala-
ries and expenses for an agency shall be reduced by $100,000 
per day for each day after the required date that the report has 
not been submitted to the Congress. 
SEC. 406. Except as otherwise specifically provided by law, 
not to exceed 50 percent of unobligated balances remaining available 
at the end of fiscal year 2010 from appropriations made available
H. R. 3288—78 
for salaries and expenses for fiscal year 2010 in this Act, shall 
remain available through September 30, 2011, for each such account 
for the purposes authorized: Provided, That a request shall be 
submitted to the House and Senate Committees on Appropriations 
for approval prior to the expenditure of such funds: Provided further, 
That these requests shall be made in compliance with reprogram-
ming guidelines under section 405 of this Act. 
SEC. 407. All Federal agencies and departments that are funded 
under this Act shall issue a report to the House and Senate Commit-
tees on Appropriations on all sole source contracts by no later 
than July 30, 2010. Such report shall include the contractor, the 
amount of the contract and the rationale for using a sole source 
contract. 
SEC. 408. (a) None of the funds made available in this Act 
may be obligated or expended for any employee training that— 
(1) does not meet identified needs for knowledge, skills, 
and abilities bearing directly upon the performance of official 
duties; 
(2) contains elements likely to induce high levels of emo-
tional response or psychological stress in some participants; 
(3) does not require prior employee notification of the con-
tent and methods to be used in the training and written end 
of course evaluation; 
(4) contains any methods or content associated with reli-
gious or quasi-religious belief systems or ‘‘new age’’ belief sys-
tems as defined in Equal Employment Opportunity Commission 
Notice N–915.022, dated September 2, 1988; or 
(5) is offensive to, or designed to change, participants’ 
personal values or lifestyle outside the workplace. 
(b) Nothing in this section shall prohibit, restrict, or otherwise 
preclude an agency from conducting training bearing directly upon 
the performance of official duties. 
SEC. 409. No funds in this Act may be used to support any 
Federal, State, or local projects that seek to use the power of 
eminent domain, unless eminent domain is employed only for a 
public use: Provided, That for purposes of this section, public use 
shall not be construed to include economic development that pri-
marily benefits private entities: Provided further, That any use 
of funds for mass transit, railroad, airport, seaport or highway 
projects as well as utility projects which benefit or serve the general 
public (including energy-related, communication-related, water- 
related and wastewater-related infrastructure), other structures 
designated for use by the general public or which have other 
common-carrier or public-utility functions that serve the general 
public and are subject to regulation and oversight by the govern-
ment, and projects for the removal of an immediate threat to 
public health and safety or brownsfield as defined in the Small 
Business Liability Relief and Brownsfield Revitalization Act (Public 
Law 107–118) shall be considered a public use for purposes of 
eminent domain. 
SEC. 410. None of the funds made available in this Act may 
be transferred to any department, agency, or instrumentality of 
the United States Government, except pursuant to a transfer made 
by, or transfer authority provided in, this Act or any other appro-
priations Act. 
SEC. 411. No part of any appropriation contained in this Act 
shall be available to pay the salary for any person filling a position,
H. R. 3288—79 
other than a temporary position, formerly held by an employee 
who has left to enter the Armed Forces of the United States and 
has satisfactorily completed his period of active military or naval 
service, and has within 90 days after his release from such service 
or from hospitalization continuing after discharge for a period of 
not more than 1 year, made application for restoration to his former 
position and has been certified by the Office of Personnel Manage-
ment as still qualified to perform the duties of his former position 
and has not been restored thereto. 
SEC. 412. No funds appropriated pursuant to this Act may 
be expended in contravention of sections 2 through 4 of the Act 
of March 3, 1933 (41 U.S.C. 10a–10c, popularly known as the 
‘‘Buy American Act’’). 
SEC. 413. No funds appropriated or otherwise made available 
under this Act shall be made available to any person or entity 
that has been found to violate the Buy American Act (41 U.S.C. 
10a–10c). 
SEC. 414. None of the funds made available in this Act may 
be used for first-class airline accommodations in contravention of 
sections 301–10.122 and 301–10.123 of title 41, Code of Federal 
Regulations. 
SEC. 415. None of the funds made available in this Act may 
be used to purchase a light bulb for an office building unless 
the light bulb has, to the extent practicable, an Energy Star or 
Federal Energy Management Program designation. 
SEC. 416. (a) Any agency receiving funds made available in 
this Act, shall, subject to subsections (b) and (c), post on the public 
website of that agency any report required to be submitted by 
the Congress in this or any other Act, upon the determination 
by the head of the agency that it shall serve the national interest. 
(b) Subsection (a) shall not apply to a report if— 
(1) the public posting of the report compromises national 
security; or 
(2) the report contains proprietary information. 
(c) The head of the agency posting such report shall do so 
only after such report has been made available to the requesting 
Committee or Committees of Congress for no less than 45 days. 
SEC. 417. None of the funds made available in this Act may 
be used to establish, issue, implement, administer, or enforce any 
prohibition or restriction on the establishment or effectiveness of 
any occupancy preference for veterans in supportive housing for 
the elderly that: (1) is provided assistance by the Department 
of Housing and Urban Development; and (2)(A) is or would be 
located on property of the Department of Veterans Affairs; or (B) 
is subject to an enhanced use lease with the Department of Veterans 
Affairs. 
SEC. 418. None of the funds made available under this Act 
or any prior Act may be provided to the Association of Community 
Organizations for Reform Now (ACORN), or any of its affiliates, 
subsidiaries, or allied organizations. 
SEC. 419. Specific projects contained in the report of the Com-
mittee on Appropriations of the House of Representatives accom-
panying this Act (H. Rept. 111–218) that are considered congres-
sional earmarks for purposes of clause 9 of rule XXI of the Rules 
of the House of Representatives, when intended to be awarded 
to a for-profit entity, shall be awarded under a full and open 
competition.
H. R. 3288—80 
This division may be cited as the ‘‘Transportation, Housing 
and Urban Development, and Related Agencies Appropriations Act, 
2010’’. 
DIVISION B—COMMERCE, JUSTICE, SCIENCE, AND 
RELATED AGENCIES APPROPRIATIONS ACT, 2010 
TITLE I 
DEPARTMENT OF COMMERCE 
INTERNATIONAL TRADE ADMINISTRATION 
OPERATIONS AND ADMINISTRATION 
For necessary expenses for international trade activities of 
the Department of Commerce provided for by law, and for engaging 
in trade promotional activities abroad, including expenses of grants 
and cooperative agreements for the purpose of promoting exports 
of United States firms, without regard to 44 U.S.C. 3702 and 
3703; full medical coverage for dependent members of immediate 
families of employees stationed overseas and employees temporarily 
posted overseas; travel and transportation of employees of the Inter-
national Trade Administration between two points abroad, without 
regard to 49 U.S.C. 40118; employment of Americans and aliens 
by contract for services; rental of space abroad for periods not 
exceeding 10 years, and expenses of alteration, repair, or improve-
ment; purchase or construction of temporary demountable exhibition 
structures for use abroad; payment of tort claims, in the manner 
authorized in the first paragraph of 28 U.S.C. 2672 when such 
claims arise in foreign countries; not to exceed $327,000 for official 
representation expenses abroad; purchase of passenger motor 
vehicles for official use abroad, not to exceed $45,000 per vehicle; 
obtaining insurance on official motor vehicles; and rental of tie 
lines, $456,204,000, to remain available until September 30, 2011, 
of which $9,439,000 is to be derived from fees to be retained 
and used by the International Trade Administration, notwith-
standing 31 U.S.C. 3302: Provided, That not less than $49,530,000 
shall be for Manufacturing and Services; not less than $43,212,000 
shall be for Market Access and Compliance; not less than 
$68,290,000 shall be for the Import Administration; not less than 
$258,438,000 shall be for the Trade Promotion and United States 
and Foreign Commercial Service; and not less than $27,295,000 
shall be for Executive Direction and Administration: Provided fur-
ther, That not less than $7,000,000 shall be for the Office of China 
Compliance, and not less than $4,400,000 shall be for the China 
Countervailing Duty Group: Provided further, That the provisions 
of the first sentence of section 105(f) and all of section 108(c) 
of the Mutual Educational and Cultural Exchange Act of 1961 
(22 U.S.C. 2455(f) and 2458(c)) shall apply in carrying out these 
activities without regard to section 5412 of the Omnibus Trade 
and Competitiveness Act of 1988 (15 U.S.C. 4912); and that for 
the purpose of this Act, contributions under the provisions of the 
Mutual Educational and Cultural Exchange Act of 1961 shall 
include payment for assessments for services provided as part of 
these activities: Provided further, That negotiations shall be con-
ducted within the World Trade Organization to recognize the right