† HR 2847 EAS2 
priations for fiscal year 2011 or a portion 
of that fiscal year, except that during such 
period obligations subject to such limitation 
shall not exceed 1⁄4 of the limitation on obli-
gations included in an Act making appro-
priations for fiscal year 2011. 
(B) EXCEPTIONS.—A limitation on obliga-
tions described in clause (i) or (ii) of subpara-
graph (A) shall not apply to any obligation 
under— 
(i) section 125 of title 23, United 
States Code; or 
(ii) section 105 of title 23, United 
States Code— 
(I) for fiscal year 2010, only in 
an amount equal to $639,000,000; and 
(II) for the period beginning on 
October 1, 2010, and ending on Decem-
ber 31, 2010, only in an amount equal 
to $159,750,000. 
(5) CALCULATIONS FOR DISTRIBUTION OF OBLI-
GATION
LIMITATION.—Upon enactment of an Act 
making appropriations for the Department of Trans-
portation for fiscal year 2011 (other than an Act or
† HR 2847 EAS2 
resolution making continuing appropriations), the 
Secretary shall— 
(A) as necessary for purposes of making the 
calculations for the distribution of any obliga-
tion limitation under such Act, annualize the 
amount of contract authority provided under 
this Act for Federal-aid highways and highway 
safety construction programs; and 
(B) multiply the resulting distribution of 
any obligation limitation under such Act by 1⁄4. 
(d) EXTENSION AND FLEXIBILITY FOR CERTAIN ALLO-
CATED PROGRAMS.— 
(1) FISCAL
YEAR
2010.—Notwithstanding any 
other provision of law, for fiscal year 2010, the por-
tion of the share of funds of a State under subsection 
(b)(1) determined by the amount that the State re-
ceived or was authorized to receive for fiscal year 
2009 to carry out sections 1301, 1302, 1307, 1702, 
and 1934 of the SAFETEA–LU (119 Stat. 1198, 
1204, 1217, 1256, and 1485), and section 144(f)(1) of 
title 23, United States Code, shall be— 
(A) made available to the State for pro-
grams apportioned under sections 104(b) and 
144 of title 23, United States Code, and in the 
same proportion for each such program that—
† HR 2847 EAS2 
(i) the amount apportioned to the 
State for that program for fiscal year 2009; 
bears to 
(ii) the amount apportioned to the 
State for fiscal year 2009 for all programs 
apportioned under such sections of such 
Code; and 
(B) administered in the same manner and 
with the same period of availability as such 
funding is administered under programs identi-
fied in subparagraph (A), except that no funds 
may be used to carry out the project described in 
section 1307(d)(1) of the SAFETEA–LU (119 
Stat. 1217; 122 Stat. 1577). 
(2) FISCAL
YEAR
2011.—Notwithstanding any 
other provision of law, for the period beginning on 
October 1, 2010, and ending on December 31, 2010, 
the portion of the share of funds of a State under sub-
section (b)(2) determined by 1⁄4 of the amount that the 
State received or was authorized to receive for fiscal 
year 2009 to carry out sections 1301, 1302, 1307, 
1702, and 1934 of the SAFETEA–LU (119 Stat. 
1198, 1204, 1217, 1256, and 1485) and section 
144(f)(1) of title 23, United States Code, shall be—
† HR 2847 EAS2 
(A) made available to the State for pro-
grams apportioned under sections 104(b) and 
144 of title 23, United States Code, and in the 
same proportion for each such program that— 
(i) the amount apportioned to the 
State for that program for fiscal year 2009; 
bears to 
(ii) the amount apportioned to the 
State for fiscal year 2009 for all programs 
apportioned under such sections of such 
Code; and 
(B) administered in the same manner and 
with the same period of availability as such 
funding is administered under programs identi-
fied in subparagraph (A), except that no funds 
may be used to carry out the project described in 
section 1307(d)(1) of the SAFETEA–LU (119 
Stat. 1217; 122 Stat. 1577). 
(3) TERRITORIES AND PUERTO RICO.— 
(A) FISCAL
YEAR
2010.—Notwithstanding 
any other provision of law, for fiscal year 2010, 
the portion of the share of funds of a territory 
or Puerto Rico under paragraph (b)(1) deter-
mined by the amount that the territory or Puer-
to Rico received or was authorized to receive for
† HR 2847 EAS2 
fiscal year 2009 to carry out section 1934 of 
SAFETEA–LU (119 Stat. 1485), shall be— 
(i) for a territory, made available and 
administered in the same manner as fund-
ing is made available and administered 
under section 215 of title 23, United States 
Code; and 
(ii) for Puerto Rico, made available 
and administered in the same manner as 
funding is made available and administered 
under section 165 of title 23, United States 
Code. 
(B) FISCAL
YEAR
2011.—Notwithstanding 
any other provision of law, for the period begin-
ning on October 1, 2010, and ending on Decem-
ber 31, 2010, the portion of the share of funds of 
a territory or Puerto Rico under paragraph 
(b)(2) determined by 1⁄4 of the amount that the 
territory or Puerto Rico received or was author-
ized to receive for fiscal year 2009 to carry out 
section 1934 of SAFETEA–LU (119 Stat. 1485), 
shall be— 
(i) for a territory, made available and 
administered in the same manner as fund-
ing is made available and administered
† HR 2847 EAS2 
under section 215 of title 23, United States 
Code; and 
(ii) for Puerto Rico, made available 
and administered in the same manner as 
funding is made available and administered 
under section 165 of title 23, United States 
Code. 
(C) TERRITORY
DEFINED.—In this para-
graph, the term ‘‘territory’’ means any of the fol-
lowing territories of the United States: American 
Samoa, the Commonwealth of the Northern Mar-
iana Islands, Guam, or the United States Virgin 
Islands. 
(4) ADDITIONAL FUNDS.— 
(A) IN
GENERAL.—No additional funds 
shall be provided for any project or activity 
under subsection (c), or paragraph (1) or (2) of 
this subsection, that the Secretary of Transpor-
tation determines was sufficiently funded before 
or during fiscal year 2009 to achieve the author-
ized purpose of the project or activity. 
(B) RESERVATION AND REDISTRIBUTION OF 
FUNDS.—Funds made available in accordance 
with paragraph (1) or (2) of subsection (c) or 
paragraph (1) or (2) of this subsection for a
† HR 2847 EAS2 
(A) for fiscal year 2010, at the funding lev-
els authorized for those programs for fiscal year 
2009; and 
(B) for the period beginning on October 1, 
2010, and ending on December 31, 2010, at 1⁄4 
the funding levels authorized for those programs 
for fiscal year 2009. 
(2) DISTRIBUTION OF FUNDS.—Funds for pro-
grams continued under paragraph (1) shall be dis-
tributed to major program areas under those pro-
grams in the same proportions as funds were allo-
cated for those program areas for fiscal year 2009, ex-
cept that designations for specific activities shall not 
be required to be continued for— 
(A) fiscal year 2010; or 
(B) the period beginning on October 1, 
2010, and ending on December 31, 2010. 
(3) ADDITIONAL FUNDS.— 
(A) IN
GENERAL.—No additional funds 
shall be provided for any project or activity 
under this subsection that the Secretary of 
Transportation determines was sufficiently fund-
ed before or during fiscal year 2009 to achieve 
the authorized purpose of the project or activity.
† HR 2847 EAS2 
(B) DISTRIBUTION.—Funds that would 
have been made available under paragraph (1) 
for a project or activity but for the prohibition 
under subparagraph (A) shall be distributed in 
accordance with paragraph (2). 
SEC. 412. ADMINISTRATIVE EXPENSES. 
(a) AUTHORIZATION OF CONTRACT AUTHORITY.—Not-
withstanding any other provision of this Act or any other 
law, there are authorized to be appropriated from the High-
way Trust Fund (other than the Mass Transit Account), 
from amounts provided under section 411, for administra-
tive expenses of the Federal-aid highway program— 
(1) $422,425,000 for fiscal year 2010; and 
(2) $105,606,250 for the period beginning on Oc-
tober 1, 2010, and ending on December 31, 2010. 
(b) CONTRACT AUTHORITY.—Funds authorized to be 
appropriated by this section shall be— 
(1) available for obligation, and shall be admin-
istered, in the same manner as if such funds were ap-
portioned under chapter 1 of title 23, United States 
Code; and 
(2) subject to a limitation on obligations for Fed-
eral-aid highways and highway safety construction 
programs, except that such funds shall remain avail-
able until expended.
† HR 2847 EAS2 
SEC. 413. RESCISSION OF UNOBLIGATED BALANCES. 
(a) IN GENERAL.—The Secretary of Transportation 
shall restore funds rescinded pursuant to section 10212 of 
the SAFETEA–LU (Public Law 109–59; 119 Stat. 1937) 
to the States and to the programs from which the funds 
were rescinded. 
(b) 
ADMINISTRATION
OF
FUNDS.—The 
restored 
amounts shall be administered in the same manner as the 
funds originally rescinded, except those funds may only be 
used with an obligation limitation provided in an Act mak-
ing appropriations for Federal-aid highways and highway 
safety construction programs enacted after implementation 
of the rescission under section 10212 of the SAFETEA–LU 
(Public Law 109–59; 119 Stat. 1937). 
(c) FUNDING.— 
(1) IN GENERAL.—There is authorized to be ap-
propriated from the Highway Trust Fund (other than 
the Mass Transit Account) for fiscal year 2010 to 
carry out this section an amount equal to the amount 
of funds rescinded under section 10212 of the 
SAFETEA–LU (Public Law 109–59; 119 Stat. 
1937). 
(2) AVAILABILITY FOR OBLIGATION.—Funds au-
thorized to be appropriated by this section shall be— 
(A) made available under this section and 
available for obligation in the same manner as
† HR 2847 EAS2 
if the funds were apportioned under chapter 1 of 
title 23, United States Code, except that the 
funds shall retain the characteristics of the funds 
originally rescinded; and 
(B) subject to a limitation on obligations 
for Federal-aid highways and highway safety 
construction programs included in an Act mak-
ing appropriations for fiscal year 2010 or a por-
tion of the fiscal year. 
(d) LIMITATION.—No funds authorized to be restored 
under this section shall be restored after the end of fiscal 
year 2010. 
SEC. 414. RECONCILIATION OF FUNDS. 
The Secretary shall reduce the amount apportioned or 
allocated for a program, project, or activity under this title 
by amounts apportioned or allocated pursuant to the Con-
tinuing Appropriations Resolution, 2010 (Public Law 111– 
68).
† HR 2847 EAS2 
Subtitle 
B—National 
Highway 
Traffic Safety Administration, 
Federal Motor Carrier Safety 
Administration, and Additional 
Programs 
SEC. 421. EXTENSION OF NATIONAL HIGHWAY TRAFFIC 
SAFETY ADMINISTRATION HIGHWAY SAFETY 
PROGRAMS. 
(a) CHAPTER 4 HIGHWAY SAFETY PROGRAMS.—Sec-
tion 2001(a)(1) of the SAFETEA–LU (119 Stat. 1519) is 
amended— 
(1) by striking ‘‘and’’; and 
(2) by striking ‘‘2009.’’ and inserting ‘‘2009, 
$235,000,000 for fiscal year 2010, and $58,750,000 
for the period beginning on October 1, 2010, and end-
ing on December 31, 2010.’’. 
(b) HIGHWAY SAFETY RESEARCH
AND DEVELOP-
MENT.—Section 2001(a)(2) of the SAFETEA–LU (119 
Stat. 1519) is amended— 
(1) by striking ‘‘and’’; and 
(2) by striking ‘‘2009.’’ and inserting ‘‘2009, 
$107,329,000 for fiscal year 2010, and $27,061,000 
for the period beginning on October 1, 2010, and end-
ing on December 31, 2010.’’. 
(c) OCCUPANT PROTECTION INCENTIVE GRANTS.—
† HR 2847 EAS2 
(1) EXTENSION OF PROGRAM.—Section 405(a) of 
title 23, United States Code, is amended— 
(A) in paragraph (3), by striking ‘‘6’’ and 
inserting ‘‘8’’; and 
(B) in paragraph (4)(C), by striking ‘‘fifth 
and sixth’’ and inserting ‘‘fifth through eighth’’. 
(2) AUTHORIZATION OF APPROPRIATIONS.—Sec-
tion 2001(a)(3) of the SAFETEA–LU (119 Stat. 
1519) is amended— 
(A) by striking ‘‘and’’; and 
(B) by striking ‘‘2009.’’ and inserting 
‘‘2009, $25,000,000 for fiscal year 2010, and 
$6,250,000 for the period beginning on October 
1, 2010, and ending on December 31, 2010.’’. 
(d) SAFETY BELT PERFORMANCE GRANTS.—Section 
2001(a)(4) of the SAFETEA–LU (119 Stat. 1519) is 
amended— 
(1) by striking ‘‘and’’; and 
(2) by striking ‘‘2009.’’ and inserting ‘‘2009, 
$124,500,000 for fiscal year 2010, and $31,125,000 
for the period beginning on October 1, 2010, and end-
ing on December 31, 2010.’’. 
(e) STATE TRAFFIC SAFETY INFORMATION SYSTEM IM-
PROVEMENTS.—Section 2001(a)(5) of the SAFETEA–LU 
(119 Stat. 1519) is amended—
† HR 2847 EAS2 
(1) by striking ‘‘and’’; and 
(2) by striking ‘‘2009.’’ and inserting ‘‘2009, 
$34,500,000 for fiscal year 2010, and $8,625,000 for 
the period beginning on October 1, 2010, and ending 
on December 31, 2010.’’. 
(f) ALCOHOL-IMPAIRED DRIVING COUNTERMEASURES 
INCENTIVE GRANT PROGRAM.— 
(1) EXTENSION OF PROGRAM.—Section 410 of 
title 23, United States Code, is amended— 
(A) in subsection (a)(3)(C), by striking 
‘‘fifth, sixth, seventh, and eighth’’ and inserting 
‘‘fifth through tenth’’; and 
(B) in subsection (b)(2)(C), by striking 
‘‘2008 and 2009’’ and inserting ‘‘2008, 2009, 
2010, and 2011’’. 
(2) AUTHORIZATION OF APPROPRIATIONS.—Sec-
tion 2001(a)(6) of the SAFETEA–LU (119 Stat. 
1519) is amended— 
(A) by striking ‘‘and’’; and 
(B) by striking ‘‘2009.’’ and inserting 
‘‘2009, $139,000,000 for fiscal year 2010, and 
$34,750,000 for the period beginning on October 
1, 2010, and ending on December 31, 2010.’’.
† HR 2847 EAS2 
(g) 
NATIONAL
DRIVER
REGISTER.—Section 
2001(a)(7) of the SAFETEA–LU (119 Stat. 1520) is 
amended— 
(1) by striking ‘‘and’’; and 
(2) by striking ‘‘2009.’’ and inserting ‘‘2009, 
$4,078,000 for fiscal year 2010, and $1,029,000 for 
the period beginning on October 1, 2010, and ending 
on December 31, 2010.’’. 
(h) HIGH VISIBILITY ENFORCEMENT PROGRAM.— 
(1) EXTENSION OF PROGRAM.—Section 2009(a) 
of the SAFETEA–LU (23 U.S.C. 402 note) is amend-
ed by striking ‘‘2009’’ and inserting ‘‘2011’’. 
(2) AUTHORIZATION OF APPROPRIATIONS.—Sec-
tion 2001(a)(8) of the SAFETEA–LU (119 Stat. 
1520) is amended— 
(A) by striking ‘‘and’’; and 
(B) by striking ‘‘2009.’’ and inserting 
‘‘2009, $29,000,000 for fiscal year 2010, and 
$7,250,000 for the period beginning on October 
1, 2010, and ending on December 31, 2010.’’. 
(i) MOTORCYCLIST SAFETY.— 
(1) 
EXTENSION
OF
PROGRAM.—Section 
2010(d)(1)(B) of the SAFETEA–LU (23 U.S.C. 402 
note) is amended by striking ‘‘and fourth’’ and insert-
ing ‘‘fourth, fifth, and sixth’’.
† HR 2847 EAS2 
(2) AUTHORIZATION OF APPROPRIATIONS.—Sec-
tion 2001(a)(9) of the SAFETEA–LU (119 Stat. 
1520) is amended— 
(A) by striking ‘‘and’’; and 
(B) by striking ‘‘2009.’’ and inserting 
‘‘2009, $7,000,000 for fiscal year 2010, and 
$1,750,000 for the period beginning on October 
1, 2010, and ending on December 31, 2010.’’. 
(j) CHILD SAFETY AND CHILD BOOSTER SEAT SAFETY 
INCENTIVE GRANTS.— 
(1) 
EXTENSION
OF
PROGRAM.—Section 
2011(c)(2) of the SAFETEA–LU (23 U.S.C. 405 
note) is amended by striking ‘‘fourth fiscal year’’ and 
inserting ‘‘fourth, fifth, and sixth fiscal years’’. 
(2) AUTHORIZATION OF APPROPRIATIONS.—Sec-
tion 2001(a)(10) of the SAFETEA–LU (119 Stat. 
1520) is amended— 
(A) by striking ‘‘and’’; and 
(B) by striking ‘‘2009.’’ and inserting 
‘‘2009, $7,000,000 for fiscal year 2010, and 
$1,750,000 for the period beginning on October 
1, 2010, and ending on December 31, 2010.’’. 
(k) ADMINISTRATIVE EXPENSES.—Section 2001(a)(11) 
of the SAFETEA–LU (119 Stat. 1520) is amended—
† HR 2847 EAS2 
(2) in paragraph (5), by striking the period at 
the end and inserting ‘‘; and’’; and 
(3) by adding at the end the following: 
‘‘(6) $209,000,000 for fiscal year 2010; and 
‘‘(7) $52,679,000 for the period beginning on Oc-
tober 1, 2010, and ending on December 31, 2010.’’. 
(b) ADMINISTRATIVE EXPENSES.—Section 31104(i)(1) 
of title 49, United States Code, is amended— 
(1) in subparagraph (D), by striking ‘‘and’’; 
(2) in subparagraph (E), by striking the period 
at the end and inserting ‘‘; and’’; and 
(3) by adding at the end the following: 
‘‘(F) ‘‘(F) $239,828,000 for fiscal year 2010; 
and 
‘‘(G) ‘‘(G) $61,036,000 for the period begin-
ning on October 1, 2010, and ending on Decem-
ber 31, 2010.’’. 
(c) GRANT
PROGRAMS.—Section 4101(c) of the 
SAFETEA–LU (119 Stat. 1715) is amended— 
(1) in paragraph (1), by striking ‘‘2009.’’ and 
inserting ‘‘2009, and $25,000,000 for fiscal year 
2010, and $6,301,000 for the period beginning on Oc-
tober 1, 2010, and ending on December 31, 2010.’’; 
(2) in paragraph (2), by striking ‘‘2009.’’ and 
inserting ‘‘2009, $32,000,000 for fiscal year 2010,
† HR 2847 EAS2 
and $8,066,000 for the period beginning on October 
1, 2010, and ending on December 31, 2010.’’; 
(3) in paragraph (3), by striking ‘‘2009.’’ and 
inserting ‘‘2009, $5,000,000 for fiscal year 2010, and 
$1,260,000 for the period beginning on October 1, 
2010, and ending on December 31, 2010.’’; 
(4) in paragraph (4), by striking ‘‘2009.’’ and 
inserting ‘‘2009, $25,000,000 for fiscal year 2010, 
and $6,301,000 for the period beginning on October 
1, 2010, and ending on December 31, 2010.’’; and 
(5) in paragraph (5), by striking ‘‘2009.’’ and 
inserting ‘‘2009, $3,000,000 for fiscal year 2010, and 
$756,000 for the period beginning on October 1, 2010, 
and ending on December 31, 2010.’’. 
(d) HIGH-PRIORITY ACTIVITIES.—Section 31104(k) of 
title 49, United States Code, is amended by striking ‘‘2009’’ 
in paragraph (2) and inserting ‘‘2009, $15,000,000 for fis-
cal year 2010, and $3,781,000 for the period beginning on 
October 1, 2010, and ending on December 31, 2010’’. 
(e) NEW ENTRANT AUDITS.—Section 31144(g)(5)(B) 
of title 49, United States Code, is amended by inserting 
‘‘(and up to $7,310,000 for the period beginning on October 
1, 2010, and ending on December 31, 2010)’’ after ‘‘fiscal 
year’’.
† HR 2847 EAS2 
(f) COMMERCIAL DRIVER’S LICENSE INFORMATION 
SYSTEM
MODERNIZATION.—Section 
4123(d) 
of 
the 
SAFETEA–LU (119 Stat. 1736) is amended— 
(1) in paragraph (3), by striking ‘‘and’’ at the 
end; 
(2) in paragraph (4), by striking the period at 
the end and inserting a semicolon; and 
(3) by adding at the end the following: 
‘‘(5) $8,000,000 for fiscal year 2010; and 
‘‘(6) $2,016,000 for the period beginning on Oc-
tober 1, 2010, and ending on December 31, 2010.’’. 
(g) OUTREACH AND EDUCATION.—Section 4127(e) of 
the SAFETEA–LU (119 Stat. 1741) is amended by striking 
‘‘and 2009’’ and inserting ‘‘2009, and 2010, and $252,000 
to the Federal Motor Carrier Safety Administration, and 
$756,000 to the National Highway Traffic Safety Adminis-
tration, for the period beginning on October 1, 2010, and 
ending on December 31, 2010,’’. 
(h) GRANT PROGRAM FOR COMMERCIAL MOTOR VEHI-
CLE OPERATORS.—Section 4134(c) of the SAFETEA–LU 
(119 Stat. 1744) is amended by striking ‘‘2009’’ and insert-
ing ‘‘2009, 2010, and $252,000 for the period beginning on 
October 1, 2010, and ending on December 31, 2010,’’. 
(i) 
MOTOR
CARRIER
SAFETY
ADVISORY
COM-
MITTEE.—Section 4144(d) of the SAFETEA–LU (1119
† HR 2847 EAS2 
Stat. 1748) is amended by striking ‘‘September 30, 2010’’ 
and inserting ‘‘December 31, 2010’’. 
(j) WORKING GROUP FOR DEVELOPMENT OF PRAC-
TICES AND PROCEDURES TO ENHANCE FEDERAL-STATE 
RELATIONS.—Section 4213(d) of the SAFETEA–LU (49 
U.S.C. 14710 note) is amended by striking ‘‘September 30, 
2009’’ and inserting ‘‘December 31, 2010’’. 
SEC. 423. ADDITIONAL PROGRAMS. 
(a) HAZARDOUS MATERIALS RESEARCH PROJECTS.— 
Section 7131(c) of the SAFETEA–LU (119 Stat. 1910) is 
amended by striking ‘‘through 2009’’ and inserting 
‘‘through 2010, and $315,000 for the period beginning on 
October 1, 2010, and ending on December 31, 2010,’’. 
(b) DINGELL-JOHNSON SPORT FISH RESTORATION 
ACT.—Section 4 of the Dingell-Johnson Sport Fish Restora-
tion Act (16 U.S.C. 777c) is amended— 
(1) in subsection (a), in the matter preceding 
paragraph (1), by striking ‘‘2009,’’ and inserting 
‘‘2010 and for the period beginning on October 1, 
2010, and ending on December 31, 2010,’’; and 
(2) in subsection (b)(1)(A), by striking ‘‘2010,’’ 
and inserting ‘‘and for the period beginning on Octo-
ber 1, 2010, and ending on December 31, 2010,’’.
† HR 2847 EAS2 
Subtitle C—Public Transportation 
Programs 
SEC. 431. ALLOCATION OF FUNDS FOR PLANNING PRO-
GRAMS. 
Section 5305(g) of title 49, United States Code, is 
amended by striking ‘‘2009’’ and inserting ‘‘2010, and for 
the period beginning October 1, 2010, and ending December 
31, 2010,’’. 
SEC. 432. SPECIAL RULE FOR URBANIZED AREA FORMULA 
GRANTS. 
Section 5307(b)(2) of title 49, United States Code, is 
amended— 
(1) in the paragraph heading, by striking ‘‘2009’’ 
and inserting ‘‘2010, AND THE PERIOD BEGINNING OC-
TOBER 1, 2010, AND ENDING DECEMBER 31, 2010’’; 
(2) in subparagraph (A), by striking ‘‘2009,’’ 
and inserting ‘‘2010, and the period beginning Octo-
ber 1, 2010, and ending December 31, 2010,’’; and 
(3) in subparagraph (E)— 
(A) in the subparagraph heading, by strik-
ing ‘‘AND 2009’’ and inserting ‘‘THROUGH 2010 
AND DURING THE PERIOD BEGINNING OCTOBER 
1, 2010, AND ENDING DECEMBER 31, 2010’’; and 
(B) in the matter preceding clause (i), by 
striking ‘‘and 2009’’ and inserting ‘‘through
† HR 2847 EAS2 
2010, and during the period beginning October 
1, 2010, and ending December 31, 2010,’’. 
SEC. 433. ALLOCATING AMOUNTS FOR CAPITAL INVEST-
MENT GRANTS. 
Section 5309(m) of title 49, United States Code, is 
amended— 
(1) in paragraph (2)— 
(A) in the heading, by striking ‘‘2009’’ and 
inserting ‘‘2010 AND OCTOBER 1, 2010, THROUGH 
DECEMBER 31, 2010’’; 
(B) in the matter preceding subparagraph 
(A), by striking ‘‘2009’’ and inserting ‘‘2010, 
and during the period beginning October 1, 
2010, and ending December 31, 2010,’’; and 
(C) in subparagraph (A)(i), by striking 
‘‘2009’’ and inserting ‘‘2010, and $50,000,000 
for the period beginning October 1, 2010, and 
ending December 31, 2010,’’; 
(2) in paragraph (6)— 
(A) in subparagraph (B), by striking 
‘‘2009’’ and inserting ‘‘2010, and $3,750,000 
shall be available for the period beginning Octo-
ber 1, 2010, and ending December 31, 2010,’’; 
and
† HR 2847 EAS2 
(B) in subparagraph (C), by striking 
‘‘2009’’ and inserting ‘‘2010, and $1,250,000 
shall be available for the period beginning Octo-
ber 1, 2010 and ending December 31, 2010,’’; 
and 
(3) in paragraph (7)— 
(A) in subparagraph (A)— 
(i) by redesignating clauses (i) through 
(viii) as subclauses (I) through (VIII), re-
spectively; 
(ii) in the matter preceding subclause 
(I), 
as 
so 
redesignated, 
by 
striking 
‘‘$10,000,000’’ and all that follows through 
‘‘2009’’ and inserting the following: 
‘‘(i) FISCAL
YEARS
2006
THROUGH 
2010.—$10,000,000 shall be available in 
each of fiscal years 2006 through 2010’’; 
and 
(iii) 
by 
inserting 
after 
subclause 
(VIII), as so redesignated, the following: 
‘‘(ii) SPECIAL RULE FOR OCTOBER 1, 
2010, 
THROUGH
DECEMBER
31, 
2010.— 
$2,500,000 shall be available in the period 
beginning October 1, 2010, and ending De-
cember 31, 2010, for ferry boats or ferry ter-
† HR 2847 EAS2 
minal facilities. The Secretary shall set 
aside a portion of such amount in accord-
ance with clause (i), except that the Sec-
retary shall set aside 25 percent of each dol-
lar amount specified in subclauses (I) 
through (VIII).’’;’’. 
(B) in subparagraph (B), by inserting after 
‘‘2009.’’ the following: 
‘‘(v) $13,500,000 for fiscal year 2010. 
‘‘(vi) $3,375,000 for the period begin-
ning October 1, 2010, and ending December 
31, 2010.’’; 
(C) in subparagraph (C), by inserting ‘‘, 
and during the period beginning October 1, 
2010, and ending December 31, 2010,’’ after ‘‘fis-
cal year’’; 
(D) in subparagraph (D), by inserting ‘‘, 
and not less than $8,750,000 shall be available 
for the period beginning October 1, 2010, and 
ending December 31, 2010,’’ after ‘‘year’’; and 
(E) in subparagraph (E), by inserting ‘‘, 
and $750,000 shall be available for the period be-
ginning October 1, 2010, and ending December 
31, 2010,’’ after ‘‘year’’.
† HR 2847 EAS2 
SEC. 434. APPORTIONMENT OF FORMULA GRANTS FOR 
OTHER THAN URBANIZED AREAS. 
Section 5311(c)(1) of title 49, United States Code, is 
amended by adding at the end the following: 
‘‘(E) $15,000,000 for fiscal year 2010. 
‘‘(F) $3,750,000 for the period beginning 
October 1, 2010, and ending December 31, 
2010.’’. 
SEC. 435. APPORTIONMENT BASED ON FIXED GUIDEWAY 
FACTORS. 
Section 5337 of title 49, United States Code, is amend-
ed— 
(1) in subsection (a), in the matter preceding 
paragraph (1), by striking ‘‘2009’’ and inserting 
‘‘2010’’; and 
(2) by adding at the end the following: 
‘‘(g) SPECIAL RULE FOR OCTOBER 1, 2010, THROUGH 
DECEMBER 31, 2010.—The Secretary shall apportion 
amounts made available for fixed guideway modernization 
under section 5309 for the period beginning October 1, 
2010, and ending December 31, 2010, in accordance with 
subsection (a), except that the Secretary shall apportion 25 
percent of each dollar amount specified in subsection (a).’’.
† HR 2847 EAS2 
SEC. 
436. 
AUTHORIZATIONS 
FOR 
PUBLIC 
TRANSPOR-
TATION. 
(a) FORMULA AND BUS GRANTS.—Section 5338(b) of 
title 49, United States Code, is amended— 
(1) in paragraph (1)— 
(A) in subparagraph (C), by striking ‘‘and’’ 
at the end; 
(B) in subparagraph (D), by striking the 
period at the end and inserting a semicolon; and 
(C) by adding at the end the following: 
‘‘(E) $8,360,565,000 for fiscal year 2010; 
and 
‘‘(F) $2,090,141,250 for the period begin-
ning October 1, 2010, and ending December 31, 
2010.’’; and 
(2) in paragraph (2)— 
(A) in subparagraph (A), by striking ‘‘and 
$113,500,000 for fiscal year 2009’’ and inserting 
‘‘$113,500,000 for each of fiscal years 2009 and 
2010, and $28,375,000 for the period beginning 
October 1, 2010, and ending December 31, 
2010,’’; 
(B) in subparagraph (B), by striking ‘‘and 
$4,160,365,000 for fiscal year 2009’’ and insert-
ing ‘‘$4,160,365,000 for each of fiscal years 2009 
and 2010, and $1,040,091,250 for the period be-
† HR 2847 EAS2 
October 1, 2010 and ending December 31, 
2010,’’; 
(G) in subparagraph (G), by striking ‘‘and 
$465,000,000 for fiscal year 2009’’ and inserting 
‘‘$465,000,000 for each of fiscal years 2009 and 
2010, and $116,250,000 for the period beginning 
October 1, 2010 and ending December 31, 
2010,’’; 
(H) in subparagraph (H), by striking ‘‘and 
$164,500,000 for fiscal year 2009’’ and inserting 
‘‘$164,500,000 for each of fiscal years 2009 and 
2010, and $41,125,000 for the period beginning 
October 1, 2010 and ending December 31, 
2010,’’; 
(I) in subparagraph (I), by striking ‘‘and 
$92,500,000 for fiscal year 2009’’ and inserting 
‘‘$92,500,000 for each of fiscal years 2009 and 
2010, and $23,125,000 for the period beginning 
October 1, 2010 and ending December 31, 
2010,’’; 
(J) in subparagraph (J), by striking ‘‘and 
$26,900,000 for fiscal year 2009’’ and inserting 
‘‘$26,900,000 for each of fiscal years 2009 and 
2010, and $6,725,000 for the period beginning
† HR 2847 EAS2 
October 1, 2010 and ending December 31, 
2010,’’; 
(K) in subparagraph (K), by striking ‘‘and 
$3,500,000 for fiscal year 2009’’ and inserting 
‘‘$3,500,000 for each of fiscal years 2009 and 
2010, and $875,000 for the period beginning Oc-
tober 1, 2010 and ending December 31, 2010,’’; 
(L) in subparagraph (L), by striking ‘‘and 
$25,000,000 for fiscal year 2009’’ and inserting 
‘‘$25,000,000 for each of fiscal years 2009 and 
2010, and $6,250,000 for the period beginning 
October 1, 2010 and ending December 31, 
2010,’’; 
(M) in subparagraph (M), by striking ‘‘and 
$465,000,000 for fiscal year 2009’’ and inserting 
‘‘$465,000,000 for each of fiscal years 2009 and 
2010, and $116,250,000 for the period beginning 
October 1, 2010 and ending December 31, 
2010,’’; and 
(N) in subparagraph (N), by striking ‘‘and 
$8,800,000 for fiscal year 2009’’ and inserting 
‘‘$8,800,000 for each of fiscal years 2009 and 
2010, and $2,200,000 for the period beginning 
October 1, 2010 and ending December 31, 
2010,’’.
† HR 2847 EAS2 
(b) CAPITAL INVESTMENT GRANTS.—Section 5338(c) 
of title 49, United States Code, is amended— 
(1) in paragraph (3), by striking ‘‘and’’ at the 
end; 
(2) in paragraph (4), by striking the period at 
the end and inserting a semicolon; and 
(3) by adding at the end the following: 
‘‘(5) $2,000,000,000 for fiscal year 2010; and 
‘‘(6) $500,000,000 for the period of October 1, 
2010 through December 31, 2010.’’. 
(c) RESEARCH
AND UNIVERSITY RESEARCH CEN-
TERS.—Section 5338(d) of title 49, United States Code, is 
amended— 
(1) in paragraph (1), in the matter preceding 
subparagraph (A), by striking ‘‘and $69,750,000 for 
fiscal year 2009’’ and inserting ‘‘$69,750,000 for each 
of fiscal years 2009 and 2010, and $17,437,500 for 
the period beginning October 1, 2010, and ending De-
cember 31, 2010’’; and 
(2) by adding at the end the following: 
‘‘(3) ADDITIONAL AUTHORIZATIONS.— 
‘‘(A) IN GENERAL.— 
‘‘(i) FISCAL YEAR 2010.—Of amounts 
authorized to be appropriated for fiscal year 
2010 under paragraph (1), the Secretary
† HR 2847 EAS2 
shall allocate for each of the activities and 
projects described in subparagraphs (A) 
through (F) of paragraph (1) an amount 
equal to the amount allocated for fiscal year 
2009 under each such subparagraph. 
‘‘(ii) OCTOBER 1, 2010 THROUGH DE-
CEMBER 31, 2010.—Of amounts authorized 
to be appropriated for the period beginning 
October 1, 2010, through December 31, 
2010, under paragraph (1), the Secretary 
shall allocate for each of the activities and 
projects described in subparagraphs (A) 
through (F) of paragraph (1) an amount 
equal to 25 percent of the amount allocated 
for fiscal year 2009 under each such sub-
paragraph. 
‘‘(B) UNIVERSITY CENTERS PROGRAM.— 
‘‘(i) 
FISCAL
YEAR
2010.—Of 
the 
amounts 
allocated 
under 
subparagraph 
(A)(i) for the university centers program 
under section 5506 for fiscal year 2010, the 
Secretary shall allocate for each program 
described in clauses (i) through (iii) and (v) 
through (viii) of paragraph (2)(A) an
† HR 2847 EAS2 
amount equal to the amount allocated for 
fiscal year 2009 under each such clause. 
‘‘(ii) OCTOBER 1, 2010 THROUGH DE-
CEMBER 31, 2010.—Of the amounts allocated 
under subparagraph (A)(i) for the univer-
sity centers program under section 5506 for 
the period beginning October 1, 2010, and 
ending December 31, 2010, the Secretary 
shall allocate for each program described in 
clauses (i) through (iii) and (v) through 
(viii) of paragraph (2)(A) an amount equal 
to 25 percent of the amount allocated for 
fiscal year 2009 under each such clause. 
‘‘(iii) FUNDING.—If the Secretary de-
termines that a project or activity described 
in paragraph (2) received sufficient funds 
in fiscal year 2009, or a previous fiscal 
year, to carry out the purpose for which the 
project or activity was authorized, the Sec-
retary may not allocate any amounts under 
clause (i) or (ii) for the project or activity 
for fiscal year 2010, or any subsequent fis-
cal year.’’. 
(d) ADMINISTRATION.—Section 5338(e) of title 49, 
United States Code, is amended—
† HR 2847 EAS2 
(1) in paragraph (3), by striking ‘‘and’’ at the 
end; 
(2) in paragraph (4), by striking the period at 
the end and inserting a semicolon; and 
(3) by adding at the end the following: 
‘‘(5) $98,911,000 for fiscal year 2010; and 
‘‘(6) $24,727,750 for the period beginning Octo-
ber 1, 2010, and ending December 31, 2010.’’. 
SEC. 437. AMENDMENTS TO SAFETEA–LU. 
(a) 
CONTRACTED
PARATRANSIT
PILOT.—Section 
3009(i)(1) of the SAFETEA–LU (Public Law 109–59; 119 
Stat. 1572) is amended by striking ‘‘2009’’ and inserting 
‘‘2010, and for the period beginning October 1, 2010, and 
ending December 31, 2010’’. 
(b) PUBLIC-PRIVATE
PARTNERSHIP
PILOT
PRO-
GRAM.—Section 3011 of the SAFETEA–LU (49 U.S.C. 
5309 note) is amended— 
(1) in subsection (c)(5), by striking ‘‘2009’’ and 
inserting ‘‘2010 and the period beginning October 1, 
2010, and ending December 31, 2010’’; and 
(2) in subsection (d), by striking ‘‘2009’’ and in-
serting ‘‘2010, and for the period beginning October 
1, 2010, and ending December 31, 2010’’. 
(c) ELDERLY INDIVIDUALS AND INDIVIDUALS WITH 
DISABILITIES PILOT PROGRAM.—Section 3012(b)(8) of the
† HR 2847 EAS2 
2009 under each of paragraphs (2), (3), (5), (6), and 
(8) through (25) of subsection (a). 
‘‘(d) FUNDING.—If the Secretary determines that a 
project or activity described in subsection (a) received suffi-
cient funds in fiscal year 2009, or a previous fiscal year, 
to carry out the purpose for which the project or activity 
was authorized, the Secretary may not allocate any 
amounts under subsection (c) for the project or activity for 
fiscal year 2010, or any subsequent fiscal year.’’. 
Subtitle D—Revenue Provisions 
SEC. 441. REPEAL OF PROVISION PROHIBITING THE CRED-
ITING OF INTEREST TO THE HIGHWAY TRUST 
FUND. 
(a) IN GENERAL.—Paragraph (1) of section 9503(f) is 
amended by striking subparagraph (B). 
(b) CONFORMING AMENDMENTS.—Such paragraph, as 
amended by paragraph (1), is further amended— 
(1) by striking ‘‘, and’’ at the end of subpara-
graph (A) and inserting a period; and 
(2) by striking ‘‘1998’’ in the matter preceding 
subparagraph (A) and all that follows through ‘‘the 
opening balance’’ and inserting ‘‘1998, the opening 
balance’’.
† HR 2847 EAS2 
(c) EFFECTIVE DATE.—The amendments made by this 
section shall take effect on the date of the enactment of this 
title. 
SEC. 442. RESTORATION OF CERTAIN FOREGONE INTEREST 
TO HIGHWAY TRUST FUND. 
(a) IN GENERAL.—Paragraph (2) of section 9503(f) is 
amended to read as follows: 
‘‘(2) RESTORATION OF FOREGONE INTEREST.— 
Out of money in the Treasury not otherwise appro-
priated, there is hereby appropriated— 
‘‘(A) $14,700,000,000 to the Highway Ac-
count (as defined in subsection (e)(5)(B)) in the 
Highway Trust Fund; and 
‘‘(B) $4,800,000,000 to the Mass Transit 
Account in the Highway Trust Fund.’’. 
(b) CONFORMING AMENDMENT.—Paragraph (1) of sec-
tion 9503(e) is amended by striking ‘‘this subsection’’ and 
inserting ‘‘this section’’. 
(c) EFFECTIVE DATE.—The amendments made by this 
section shall take effect on the date of the enactment of this 
Act.
† HR 2847 EAS2 
SEC. 443. TREATMENT OF CERTAIN AMOUNTS APPRO-
PRIATED TO HIGHWAY TRUST FUND. 
(a) IN GENERAL.—Section 9503(f), as amended by this 
Act, is amended by adding at the end the following new 
paragraph: 
‘‘(4) TREATMENT OF APPROPRIATED AMOUNTS.— 
Any amount appropriated under this subsection to 
the Highway Trust Fund shall remain available 
without fiscal year limitation.’’. 
(b) EFFECTIVE DATE.—The amendment made by this 
section shall take effect on the date of the enactment of this 
Act. 
SEC. 444. TERMINATION OF TRANSFERS FROM HIGHWAY 
TRUST FUND FOR CERTAIN REPAYMENTS 
AND CREDITS. 
(a) IN GENERAL.—Section 9503(c) is amended by 
striking paragraph (2) and by redesignating paragraphs 
(3), (4), (5), and (6) as paragraphs (2), (3), (4), and (5), 
respectively. 
(b) CONFORMING AMENDMENTS.— 
(1) Section 9502(a) is amended by striking ‘‘sec-
tion 9503(c)(7)’’ and inserting ‘‘section 9503(c)(5)’’. 
(2) Section 9503(b)(4)(D) is amended by strik-
ing ‘‘paragraph (4)(D) or (5)(B)’’ and inserting 
‘‘paragraph (3)(D) or (4)(B)’’.
† HR 2847 EAS2 
(3) Paragraph (2) of section 9503(c), as redesig-
nated by subsection (a), is amended by adding at the 
end the following new sentence: ‘‘The amounts pay-
able from the Highway Trust Fund under the pre-
ceding sentence shall be determined by taking into ac-
count only the portion of the taxes which are depos-
ited into the Highway Trust Fund.’’. 
(4) Section 9503(e)(5)(A) is amended by striking 
‘‘(2), (3), and (4)’’ and inserting ‘‘(2) and (3)’’. 
(5) Section 9504(a) is amended by striking ‘‘sec-
tion 9503(c)(4), section 9503(c)(5)’’ and inserting 
‘‘section 9503(c)(3), section 9503(c)(4)’’. 
(6) Section 9504(b)(2) is amended by striking 
‘‘section 
9503(c)(5)’’ 
and 
inserting 
‘‘section 
9503(c)(4)’’. 
(7) Section 9504(e) is amended by striking ‘‘sec-
tion 9503(c)(4)’’ and inserting section ‘‘9503(c)(3)’’. 
(c) EFFECTIVE DATE.—The amendment made by this 
section shall apply to transfers relating to amounts paid 
and credits allowed after the date of the enactment of this 
Act. 
SEC. 445. EXTENSION OF AUTHORITY FOR EXPENDITURES. 
(a) HIGHWAYS TRUST FUND.— 
(1) HIGHWAY ACCOUNT.—Paragraph (1) of sec-
tion 9503(c) is amended—
† HR 2847 EAS2 
(A) by striking ‘‘September 30, 2009 (Octo-
ber 1, 2009’’ and inserting ‘‘December 31, 2010 
(January 1, 2011’’; and 
(B) by striking ‘‘under’’ and all that follows 
and inserting ‘‘under the Surface Transportation 
Extension Act of 2010 or any other provision of 
law which was referred to in this paragraph be-
fore the date of the enactment of such Act (as 
such Act and provisions of law are in effect on 
the date of the enactment of such Act).’’. 
(2) MASS TRANSIT ACCOUNT.—Paragraph (3) of 
section 9503(e) is amended— 
(A) by striking ‘‘October 1, 2009’’ and in-
serting ‘‘January 1, 2011’’; and 
(B) by striking ‘‘in accordance with’’ and 
all that follows and inserting ‘‘in accordance 
with the Surface Transportation Extension Act 
of 2010 or any other provision of law which was 
referred to in this paragraph before the date of 
the enactment of such Act (as such Act and pro-
visions of law are in effect on the date of the en-
actment of such Act).’’. 
(3) EXCEPTION
TO
LIMITATION
ON
TRANS-
FERS.—Subparagraph (B) of section 9503(b)(6) is 
amended by striking ‘‘September 30, 2009 (October 1,
† HR 2847 EAS2 
2009’’ and inserting ‘‘December 31, 2010 (January 1, 
2011’’. 
(b) SPORT FISH RESTORATION AND BOATING TRUST 
FUND.— 
(1) IN
GENERAL.—Paragraph (2) of section 
9504(b) is amended— 
(A) by striking ‘‘(as in effect’’ in subpara-
graph (A) and all that follows in such subpara-
graph and inserting ‘‘(as in effect on the date of 
the enactment of the Surface Transportation Ex-
tension Act of 2010),’’, 
(B) by striking ‘‘(as in effect’’ in subpara-
graph (B) and all that follows in such subpara-
graph and inserting ‘‘(as in effect on the date of 
the enactment of the Surface Transportation Ex-
tension Act of 2010), and’’, and 
(C) by striking ‘‘(as in effect’’ in subpara-
graph (C) and all that follows in such subpara-
graph and inserting ‘‘(as in effect on the date of 
the enactment of the Surface Transportation Ex-
tension Act of 2010).’’. 
(2) EXCEPTION
TO
LIMITATION
ON
TRANS-
FERS.—Paragraph (2) of section 9504(d) is amended 
by striking ‘‘October 1, 2009’’ and inserting ‘‘Janu-
ary 1, 2011’’.
† HR 2847 EAS2 
(c) EFFECTIVE DATE.—The amendments made by this 
section shall take effect on September 30, 2009. 
SEC. 446. LEVEL OF OBLIGATION LIMITATIONS. 
(a) HIGHWAY CATEGORY.—Section 8003(a) of the 
SAFETEA–LU (2 U.S.C. 901 note; 119 Stat. 1917) is 
amended— 
(1) in paragraph (4), by striking ‘‘and’’ at the 
end; 
(2) in paragraph (5), by striking the period at 
the end and inserting ‘‘; and’’; and 
(3) by adding at the end the following: 
‘‘(6) for the period beginning on October 1, 2009, 
and ending on September 30, 2010, $42,469,970,178. 
‘‘(7) for the period beginning on October 1, 2010, 
and ending on December 31, 2010, $10,617,492,545.’’. 
(b) MASS TRANSIT CATEGORY.—Section 8003(b) of the 
SAFETEA–LU (2 U.S.C. 901 note; 119 Stat. 1917) is 
amended— 
(1) in paragraph (4), by striking ‘‘and’’ at the 
end; 
(2) in paragraph (5), by striking the period at 
the end and inserting ‘‘; and’’; and 
(3) by adding at the end the following: 
‘‘(6) for the period beginning on October 1, 2009, 
and ending on December 31, 2010, $10,338,065,000.
† HR 2847 EAS2 
‘‘(7) for the period beginning on October 1, 2010, 
and ending on December 31, 2010, $2,584,516,250.’’. 
(c) TREATMENT OF FUNDS.—No adjustment pursuant 
to section 110 of title 23, United States Code, shall be made 
for fiscal year 2010 or fiscal year 2011. 
TITLE V—OFFSET PROVISIONS 
Subtitle A—Foreign Account Tax 
Compliance 
PART I—INCREASED DISCLOSURE OF 
BENEFICIAL OWNERS 
SEC. 501. REPORTING ON CERTAIN FOREIGN ACCOUNTS. 
(a) IN GENERAL.—The Internal Revenue Code of 1986 
is amended by inserting after chapter 3 the following new 
chapter: 
‘‘CHAPTER 4—TAXES TO ENFORCE RE-
PORTING ON CERTAIN FOREIGN AC-
COUNTS 
‘‘Sec. 1471. Withholdable payments to foreign financial institutions. 
‘‘Sec. 1472. Withholdable payments to other foreign entities. 
‘‘Sec. 1473. Definitions. 
‘‘Sec. 1474. Special rules. 
‘‘SEC. 1471. WITHHOLDABLE PAYMENTS TO FOREIGN FINAN-
CIAL INSTITUTIONS. 
‘‘(a) IN GENERAL.—In the case of any withholdable 
payment to a foreign financial institution which does not 
meet the requirements of subsection (b), the withholding 
agent with respect to such payment shall deduct and with-
† HR 2847 EAS2 
hold from such payment a tax equal to 30 percent of the 
amount of such payment. 
‘‘(b) REPORTING REQUIREMENTS, ETC.— 
‘‘(1) IN GENERAL.—The requirements of this sub-
section are met with respect to any foreign financial 
institution if an agreement is in effect between such 
institution and the Secretary under which such insti-
tution agrees— 
‘‘(A) to obtain such information regarding 
each holder of each account maintained by such 
institution as is necessary to determine which (if 
any) of such accounts are United States ac-
counts, 
‘‘(B) to comply with such verification and 
due diligence procedures as the Secretary may 
require with respect to the identification of 
United States accounts, 
‘‘(C) in the case of any United States ac-
count maintained by such institution, to report 
on an annual basis the information described in 
subsection (c) with respect to such account, 
‘‘(D) to deduct and withhold a tax equal to 
30 percent of— 
‘‘(i) any passthru payment which is 
made by such institution to a recalcitrant
† HR 2847 EAS2 
account holder or another foreign financial 
institution which does not meet the require-
ments of this subsection, and 
‘‘(ii) in the case of any passthru pay-
ment which is made by such institution to 
a foreign financial institution which has in 
effect an election under paragraph (3) with 
respect to such payment, so much of such 
payment as is allocable to accounts held by 
recalcitrant account holders or foreign fi-
nancial institutions which do not meet the 
requirements of this subsection, 
‘‘(E) to comply with requests by the Sec-
retary for additional information with respect to 
any United States account maintained by such 
institution, and 
‘‘(F) in any case in which any foreign law 
would (but for a waiver described in clause (i)) 
prevent the reporting of any information referred 
to in this subsection or subsection (c) with re-
spect to any United States account maintained 
by such institution— 
‘‘(i) to attempt to obtain a valid and 
effective waiver of such law from each hold-
er of such account, and
† HR 2847 EAS2 
‘‘(ii) if a waiver described in clause (i) 
is not obtained from each such holder with-
in a reasonable period of time, to close such 
account. 
Any agreement entered into under this subsection 
may be terminated by the Secretary upon a deter-
mination by the Secretary that the foreign financial 
institution is out of compliance with such agreement. 
‘‘(2) FINANCIAL INSTITUTIONS DEEMED TO MEET 
REQUIREMENTS IN CERTAIN CASES.—A foreign finan-
cial institution may be treated by the Secretary as 
meeting the requirements of this subsection if— 
‘‘(A) such institution— 
‘‘(i) complies with such procedures as 
the Secretary may prescribe to ensure that 
such institution does not maintain United 
States accounts, and 
‘‘(ii) meets such other requirements as 
the Secretary may prescribe with respect to 
accounts of other foreign financial institu-
tions maintained by such institution, or 
‘‘(B) such institution is a member of a class 
of institutions with respect to which the Sec-
retary has determined that the application of
† HR 2847 EAS2 
this section is not necessary to carry out the pur-
poses of this section. 
‘‘(3) ELECTION TO BE WITHHELD UPON RATHER 
THAN
WITHHOLD
ON
PAYMENTS
TO
RECALCITRANT 
ACCOUNT HOLDERS AND NONPARTICIPATING FOREIGN 
FINANCIAL INSTITUTIONS.—In the case of a foreign fi-
nancial institution which meets the requirements of 
this subsection and such other requirements as the 
Secretary may provide and which elects the applica-
tion of this paragraph— 
‘‘(A) the requirements of paragraph (1)(D) 
shall not apply, 
‘‘(B) the withholding tax imposed under 
subsection (a) shall apply with respect to any 
withholdable payment to such institution to the 
extent such payment is allocable to accounts held 
by recalcitrant account holders or foreign finan-
cial institutions which do not meet the require-
ments of this subsection, and 
‘‘(C) the agreement described in paragraph 
(1) shall— 
‘‘(i) require such institution to notify 
the withholding agent with respect to each 
such payment of the institution’s election 
under this paragraph and such other infor-
† HR 2847 EAS2 
mation as may be necessary for the with-
holding agent to determine the appropriate 
amount to deduct and withhold from such 
payment, and 
‘‘(ii) include a waiver of any right 
under any treaty of the United States with 
respect to any amount deducted and with-
held pursuant to an election under this 
paragraph. 
To the extent provided by the Secretary, the election 
under this paragraph may be made with respect to 
certain classes or types of accounts of the foreign fi-
nancial institution. 
‘‘(c) INFORMATION REQUIRED TO BE REPORTED ON 
UNITED STATES ACCOUNTS.— 
‘‘(1) IN GENERAL.—The agreement described in 
subsection (b) shall require the foreign financial insti-
tution to report the following with respect to each 
United States account maintained by such institu-
tion: 
‘‘(A) The name, address, and TIN of each 
account holder which is a specified United States 
person and, in the case of any account holder 
which is a United States owned foreign entity,
† HR 2847 EAS2 
the name, address, and TIN of each substantial 
United States owner of such entity. 
‘‘(B) The account number. 
‘‘(C) The account balance or value (deter-
mined at such time and in such manner as the 
Secretary may provide). 
‘‘(D) Except to the extent provided by the 
Secretary, the gross receipts and gross with-
drawals or payments from the account (deter-
mined for such period and in such manner as 
the Secretary may provide). 
‘‘(2) ELECTION TO BE SUBJECT TO SAME RE-
PORTING
AS
UNITED
STATES
FINANCIAL
INSTITU-
TIONS.—In the case of a foreign financial institution 
which elects the application of this paragraph— 
‘‘(A) subparagraphs (C) and (D) of para-
graph (1) shall not apply, and 
‘‘(B) the agreement described in subsection 
(b) shall require such foreign financial institu-
tion to report such information with respect to 
each United States account maintained by such 
institution as such institution would be required 
to report under sections 6041, 6042, 6045, and 
6049 if—
† HR 2847 EAS2 
‘‘(i) such institution were a United 
States person, and 
‘‘(ii) each holder of such account which 
is a specified United States person or 
United States owned foreign entity were a 
natural person and citizen of the United 
States. 
An election under this paragraph shall be made 
at such time, in such manner, and subject to 
such conditions as the Secretary may provide. 
‘‘(3) SEPARATE REQUIREMENTS FOR QUALIFIED 
INTERMEDIARIES.—In the case of a foreign financial 
institution which is treated as a qualified inter-
mediary by the Secretary for purposes of section 1441 
and the regulations issued thereunder, the require-
ments of this section shall be in addition to any re-
porting or other requirements imposed by the Sec-
retary for purposes of such treatment. 
‘‘(d) DEFINITIONS.—For purposes of this section— 
‘‘(1) UNITED STATES ACCOUNT.— 
‘‘(A) IN
GENERAL.—The term ‘United 
States account’ means any financial account 
which is held by one or more specified United 
States persons or United States owned foreign 
entities.
† HR 2847 EAS2 
‘‘(B) EXCEPTION FOR CERTAIN ACCOUNTS 
HELD BY INDIVIDUALS.—Unless the foreign fi-
nancial institution elects to not have this sub-
paragraph apply, such term shall not include 
any depository account maintained by such fi-
nancial institution if— 
‘‘(i) each holder of such account is a 
natural person, and 
‘‘(ii) with respect to each holder of such 
account, the aggregate value of all deposi-
tory accounts held (in whole or in part) by 
such holder and maintained by the same fi-
nancial institution which maintains such 
account does not exceed $50,000. 
To the extent provided by the Secretary, finan-
cial institutions which are members of the same 
expanded affiliated group shall be treated for 
purposes of clause (ii) as a single financial insti-
tution. 
‘‘(C) ELIMINATION
OF
DUPLICATIVE
RE-
PORTING REQUIREMENTS.—Such term shall not 
include any financial account in a foreign fi-
nancial institution if—
† HR 2847 EAS2 
‘‘(i) such account is held by another fi-
nancial institution which meets the require-
ments of subsection (b), or 
‘‘(ii) the holder of such account is oth-
erwise subject to information reporting re-
quirements which the Secretary determines 
would make the reporting required by this 
section with respect to United States ac-
counts duplicative. 
‘‘(2) FINANCIAL ACCOUNT.—Except as otherwise 
provided by the Secretary, the term ‘financial ac-
count’ means, with respect to any financial institu-
tion— 
‘‘(A) any depository account maintained by 
such financial institution, 
‘‘(B) any custodial account maintained by 
such financial institution, and 
‘‘(C) any equity or debt interest in such fi-
nancial institution (other than interests which 
are regularly traded on an established securities 
market). 
Any equity or debt interest which constitutes a finan-
cial account under subparagraph (C) with respect to 
any financial institution shall be treated for purposes
† HR 2847 EAS2 
of this section as maintained by such financial insti-
tution. 
‘‘(3) UNITED STATES OWNED FOREIGN ENTITY.— 
The term ‘United States owned foreign entity’ means 
any foreign entity which has one or more substantial 
United States owners. 
‘‘(4) FOREIGN
FINANCIAL
INSTITUTION.—The 
term ‘foreign financial institution’ means any finan-
cial institution which is a foreign entity. Except as 
otherwise provided by the Secretary, such term shall 
not include a financial institution which is organized 
under the laws of any possession of the United States. 
‘‘(5) FINANCIAL INSTITUTION.—Except as other-
wise provided by the Secretary, the term ‘financial 
institution’ means any entity that— 
‘‘(A) accepts deposits in the ordinary course 
of a banking or similar business, 
‘‘(B) as a substantial portion of its busi-
ness, holds financial assets for the account of oth-
ers, or 
‘‘(C) is engaged (or holding itself out as 
being engaged) primarily in the business of in-
vesting, reinvesting, or trading in securities (as 
defined in section 475(c)(2) without regard to the 
last sentence thereof), partnership interests, com-
† HR 2847 EAS2 
modities (as defined in section 475(e)(2)), or any 
interest (including a futures or forward contract 
or option) in such securities, partnership inter-
ests, or commodities. 
‘‘(6) RECALCITRANT
ACCOUNT
HOLDER.—The 
term ‘recalcitrant account holder’ means any account 
holder which— 
‘‘(A) fails to comply with reasonable re-
quests for the information referred to in sub-
section (b)(1)(A) or (c)(1)(A), or 
‘‘(B) fails to provide a waiver described in 
subsection (b)(1)(F) upon request. 
‘‘(7) PASSTHRU PAYMENT.—The term ‘passthru 
payment’ means any withholdable payment or other 
payment to the extent attributable to a withholdable 
payment. 
‘‘(e) AFFILIATED GROUPS.— 
‘‘(1) IN
GENERAL.—The requirements of sub-
sections (b) and (c)(1) shall apply— 
‘‘(A) with respect to United States accounts 
maintained by the foreign financial institution, 
and 
‘‘(B) except as otherwise provided by the 
Secretary, with respect to United States accounts 
maintained by each other foreign financial insti-
† HR 2847 EAS2 
tution (other than any foreign financial institu-
tion which meets the requirements of subsection 
(b)) which is a member of the same expanded af-
filiated group as such foreign financial institu-
tion. 
‘‘(2) EXPANDED AFFILIATED GROUP.—For pur-
poses of this section, the term ‘expanded affiliated 
group’ means an affiliated group as defined in section 
1504(a), determined— 
‘‘(A) by substituting ‘more than 50 percent’ 
for ‘at least 80 percent’ each place it appears, 
and 
‘‘(B) without regard to paragraphs (2) and 
(3) of section 1504(b). 
A partnership or any other entity (other than a cor-
poration) shall be treated as a member of an ex-
panded affiliated group if such entity is controlled 
(within the meaning of section 954(d)(3)) by members 
of such group (including any entity treated as a 
member of such group by reason of this sentence). 
‘‘(f) EXCEPTION
FOR
CERTAIN
PAYMENTS.—Sub-
section (a) shall not apply to any payment to the extent 
that the beneficial owner of such payment is— 
‘‘(1) any foreign government, any political sub-
division of a foreign government, or any wholly
† HR 2847 EAS2 
owned agency or instrumentality of any one or more 
of the foregoing, 
‘‘(2) any international organization or any 
wholly owned agency or instrumentality thereof, 
‘‘(3) any foreign central bank of issue, or 
‘‘(4) any other class of persons identified by the 
Secretary for purposes of this subsection as posing a 
low risk of tax evasion. 
‘‘SEC. 1472. WITHHOLDABLE PAYMENTS TO OTHER FOREIGN 
ENTITIES. 
‘‘(a) IN GENERAL.—In the case of any withholdable 
payment to a non-financial foreign entity, if— 
‘‘(1) the beneficial owner of such payment is such 
entity or any other non-financial foreign entity, and 
‘‘(2) the requirements of subsection (b) are not 
met with respect to such beneficial owner, 
then the withholding agent with respect to such payment 
shall deduct and withhold from such payment a tax equal 
to 30 percent of the amount of such payment. 
‘‘(b) 
REQUIREMENTS
FOR
WAIVER
OF
WITH-
HOLDING.—The requirements of this subsection are met 
with respect to the beneficial owner of a payment if— 
‘‘(1) such beneficial owner or the payee provides 
the withholding agent with either—
† HR 2847 EAS2 
‘‘(A) a certification that such beneficial 
owner does not have any substantial United 
States owners, or 
‘‘(B) the name, address, and TIN of each 
substantial United States owner of such bene-
ficial owner, 
‘‘(2) the withholding agent does not know, or 
have reason to know, that any information provided 
under paragraph (1) is incorrect, and 
‘‘(3) the withholding agent reports the informa-
tion provided under paragraph (1)(B) to the Sec-
retary in such manner as the Secretary may provide. 
‘‘(c) EXCEPTIONS.—Subsection (a) shall not apply 
to— 
‘‘(1) except as otherwise provided by the Sec-
retary, any payment beneficially owned by— 
‘‘(A) any corporation the stock of which is 
regularly traded on an established securities 
market, 
‘‘(B) any corporation which is a member of 
the same expanded affiliated group (as defined 
in section 1471(e)(2) without regard to the last 
sentence thereof) as a corporation described in 
subparagraph (A),
† HR 2847 EAS2 
‘‘(A) IN GENERAL.—The term ‘withholdable 
payment’ means— 
‘‘(i) any payment of interest (includ-
ing any original issue discount), dividends, 
rents, salaries, wages, premiums, annuities, 
compensations, remunerations, emoluments, 
and other fixed or determinable annual or 
periodical gains, profits, and income, if 
such payment is from sources within the 
United States, and 
‘‘(ii) any gross proceeds from the sale 
or other disposition of any property of a 
type which can produce interest or divi-
dends from sources within the United 
States. 
‘‘(B) EXCEPTION FOR INCOME CONNECTED 
WITH
UNITED
STATES
BUSINESS.—Such term 
shall not include any item of income which is 
taken into account under section 871(b)(1) or 
882(a)(1) for the taxable year. 
‘‘(C) SPECIAL RULE FOR SOURCING INTER-
EST PAID BY FOREIGN BRANCHES OF DOMESTIC 
FINANCIAL INSTITUTIONS.—Subparagraph (B) of 
section 861(a)(1) shall not apply. 
‘‘(2) SUBSTANTIAL UNITED STATES OWNER.—
† HR 2847 EAS2 
‘‘(A) IN GENERAL.—The term ‘substantial 
United States owner’ means— 
‘‘(i) with respect to any corporation, 
any specified United States person which 
owns, directly or indirectly, more than 10 
percent of the stock of such corporation (by 
vote or value), 
‘‘(ii) with respect to any partnership, 
any specified United States person which 
owns, directly or indirectly, more than 10 
percent of the profits interests or capital in-
terests in such partnership, and 
‘‘(iii) in the case of a trust— 
‘‘(I) any specified United States 
person treated as an owner of any por-
tion of such trust under subpart E of 
part I of subchapter J of chapter 1, 
and 
‘‘(II) to the extent provided by the 
Secretary in regulations or other guid-
ance, any specified United States per-
son which holds, directly or indirectly, 
more than 10 percent of the beneficial 
interests of such trust.
† HR 2847 EAS2 
‘‘(B) SPECIAL RULE FOR INVESTMENT VEHI-
CLES.—In the case of any financial institution 
described in section 1471(d)(5)(C), clauses (i), 
(ii), and (iii) of subparagraph (A) shall be ap-
plied by substituting ‘0 percent’ for ‘10 percent’. 
‘‘(3) SPECIFIED UNITED STATES PERSON.—Ex-
cept as otherwise provided by the Secretary, the term 
‘specified United States person’ means any United 
States person other than— 
‘‘(A) any corporation the stock of which is 
regularly traded on an established securities 
market, 
‘‘(B) any corporation which is a member of 
the same expanded affiliated group (as defined 
in section 1471(e)(2) without regard to the last 
sentence thereof) as a corporation the stock of 
which is regularly traded on an established secu-
rities market, 
‘‘(C) any organization exempt from tax-
ation under section 501(a) or an individual re-
tirement plan, 
‘‘(D) the United States or any wholly 
owned agency or instrumentality thereof, 
‘‘(E) any State, the District of Columbia, 
any possession of the United States, any polit-
† HR 2847 EAS2 
ical subdivision of any of the foregoing, or any 
wholly owned agency or instrumentality of any 
one or more of the foregoing, 
‘‘(F) any bank (as defined in section 581), 
‘‘(G) any real estate investment trust (as 
defined in section 856), 
‘‘(H) any regulated investment company (as 
defined in section 851), 
‘‘(I) any common trust fund (as defined in 
section 584(a)), and 
‘‘(J) any trust which— 
‘‘(i) is exempt from tax under section 
664(c), or 
‘‘(ii) is described in section 4947(a)(1). 
‘‘(4) WITHHOLDING
AGENT.—The term ‘with-
holding agent’ means all persons, in whatever capac-
ity acting, having the control, receipt, custody, dis-
posal, or payment of any withholdable payment. 
‘‘(5) FOREIGN ENTITY.—The term ‘foreign entity’ 
means any entity which is not a United States per-
son. 
‘‘SEC. 1474. SPECIAL RULES. 
‘‘(a) LIABILITY FOR WITHHELD TAX.—Every person 
required to deduct and withhold any tax under this chapter 
is hereby made liable for such tax and is hereby indemnified
† HR 2847 EAS2 
against the claims and demands of any person for the 
amount of any payments made in accordance with the pro-
visions of this chapter. 
‘‘(b) CREDITS AND REFUNDS.— 
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), the determination of whether any tax de-
ducted and withheld under this chapter results in an 
overpayment by the beneficial owner of the payment 
to which such tax is attributable shall be made as if 
such tax had been deducted and withheld under sub-
chapter A of chapter 3. 
‘‘(2) SPECIAL RULE WHERE FOREIGN FINANCIAL 
INSTITUTION IS BENEFICIAL OWNER OF PAYMENT.— 
‘‘(A) IN GENERAL.—In the case of any tax 
properly deducted and withheld under section 
1471 from a specified financial institution pay-
ment— 
‘‘(i) if the foreign financial institution 
referred to in subparagraph (B) with re-
spect to such payment is entitled to a re-
duced rate of tax with respect to such pay-
ment by reason of any treaty obligation of 
the United States— 
‘‘(I) the amount of any credit or 
refund with respect to such tax shall
† HR 2847 EAS2 
not exceed the amount of credit or re-
fund attributable to such reduction in 
rate, and 
‘‘(II) no interest shall be allowed 
or paid with respect to such credit or 
refund, and 
‘‘(ii) if such foreign financial institu-
tion is not so entitled, no credit or refund 
shall be allowed or paid with respect to such 
tax. 
‘‘(B) SPECIFIED
FINANCIAL
INSTITUTION 
PAYMENT.—The term ‘specified financial institu-
tion payment’ means any payment if the bene-
ficial owner of such payment is a foreign finan-
cial institution. 
‘‘(3) REQUIREMENT TO IDENTIFY SUBSTANTIAL 
UNITED STATES OWNERS.—No credit or refund shall 
be allowed or paid with respect to any tax properly 
deducted and withheld under this chapter unless the 
beneficial owner of the payment provides the Sec-
retary such information as the Secretary may require 
to determine whether such beneficial owner is a 
United States owned foreign entity (as defined in sec-
tion 1471(d)(3)) and the identity of any substantial 
United States owners of such entity.