In the House of Representatives, U. S., 
December 16, 2009. 
Resolved, That the House agree to the amendment of the 
Senate to the bill (H.R. 2847) entitled ‘‘An Act making ap-
propriations for the Departments of Commerce and Justice, 
and Science, and Related Agencies for the fiscal year ending 
September 30, 2010, and for other purposes.’’, with the fol-
lowing 
HOUSE AMENDMENT TO SENATE AMENDMENT: 
In lieu of the matter proposed to be inserted by the 
amendment of the Senate, insert the following: 
DIVISION 
A—COMMERCE, 
JUSTICE, 
SCIENCE, AND RELATED AGENCIES AP-
PROPRIATIONS ACT, 2010 
That the following sums are appropriated, out of any 
money in the Treasury not otherwise appropriated, for the 
fiscal year ending September 30, 2010, and for other pur-
poses, namely:
TITLE I—INFRASTRUCTURE AND JOBS 
INVESTMENT 
CHAPTER 1—JUSTICE 
DEPARTMENT OF JUSTICE 
COMMUNITY ORIENTED POLICING SERVICES 
(INCLUDING TRANSFER OF FUNDS) 
For an additional amount for ‘‘Community Oriented 
Policing Services’’, for grants under section 1701 of title 
I of the 1968 Omnibus Crime Control and Safe Streets Act 
(42 U.S.C. 3796dd) for hiring and rehiring of additional 
career law enforcement officers under part Q of such title, 
notwithstanding 
subsection 
(i) 
of 
such 
section, 
$1,179,000,000, of which $2,950,000 shall be transferred to 
‘‘State and Local Law Enforcement Activities, Salaries and 
Expenses’’ for management, administration and oversight 
of such grants. 
CHAPTER 2—ENERGY AND WATER 
DEVELOPMENT 
CORPS OF ENGINEERS—CIVIL WORKS 
DEPARTMENT OF THE ARMY 
CORPS OF ENGINEERS—CIVIL 
CONSTRUCTION 
(INCLUDING TRANSFERS OF FUNDS) 
For an additional amount for ‘‘Construction’’, 
$715,000,000: Provided, That section 102 of Public Law
109–103 (33 U.S.C. 2221) shall not apply to funds provided 
in this title: Provided further, That not less than 
$30,000,000 of the funds provided shall be for water-related 
environmental infrastructure assistance: Provided further, 
That up to $30,000,000 of the funds provided under this 
heading may be transferred to ‘‘Mississippi Rivers and 
Tributaries’’ for authorized projects and activities: Provided 
further, That notwithstanding any other provision of law, 
funds provided under this heading shall not be cost shared 
with the Inland Waterways Trust Fund as authorized in 
Public Law 99–662: Provided further, That funds provided 
under this heading shall only be allocated to programs, 
projects or activities that heretofore received funds provided 
in Acts making appropriations available for Energy and 
Water Development and that are selected using only the fol-
lowing criteria in order of priority: programs, projects or 
activities that can be commenced quickly; programs, 
projects or activities that will create immediate employ-
ment; programs, projects or activities that will be executed 
by contract or direct hire of temporary labor; and pro-
grams, projects or activities that are located in a State with 
high unemployment: Provided further, That the limitation 
concerning total project costs in section 902 of the Water 
Resources Development Act of 1986 (33 U.S.C. 2280), shall 
not apply during fiscal years 2010 and 2011 for any project
receiving funds provided in this title: Provided further, 
That for projects that are being completed with funds ap-
propriated in this paragraph that would otherwise be ex-
pired for obligation, expired funds appropriated in this 
paragraph may be used to pay the cost of associated super-
vision, inspection, overhead, engineering and design on 
those projects and on subsequent claims, if any: Provided 
further, That funds made available under this heading shall 
be apportioned by the Office of Management and Budget 
not later than 30 days after the date of enactment of this 
Act and allocated by the Secretary of the Army to specific 
programs, projects or activities not later than 45 days after 
the date of enactment of this Act: Provided further, That 
the Secretary of the Army shall submit a quarterly report 
to the Committees on Appropriations of the House of Rep-
resentatives and the Senate detailing the allocation, obliga-
tion and expenditures of these funds, including an expla-
nation of how each selected program, project or activity ful-
fills the funding criteria above, beginning not later than 
45 days after the date of enactment of this Act: Provided 
further, That the Secretary shall have unlimited reprogram-
ming authority for the funds provided under this heading: 
Provided further, That up to 0.5 percent of funds provided 
under this heading may be transferred to ‘‘Expenses’’ for
the purposes of management and oversight of the programs, 
projects or activities funded by this paragraph. 
DEPARTMENT OF THE INTERIOR 
BUREAU OF RECLAMATION 
WATER AND RELATED RESOURCES 
(INCLUDING TRANSFERS OF FUNDS) 
For an additional amount for ‘‘Water and Related Re-
sources’’, $100,000,000: Provided, That of the amount ap-
propriated under this heading, not less than $26,000,000 
shall be used for water reclamation and reuse projects au-
thorized under title XVI of Public Law 102–575: Provided 
further, That up to $30,000,000 of the funds provided under 
this heading may be used for programs, projects, and activi-
ties authorized by Public Law 108–361 and up to 
$10,000,000 of the funds provided under this heading may 
be transferred to the Department of the Interior for pro-
grams, projects, and activities authorized by titles II–V of 
Public Law 102–575: Provided further, That funds pro-
vided under this heading shall only be allocated to pro-
grams, projects or activities that heretofore received funds 
provided in Acts making appropriations available for En-
ergy and Water Development: Provided further, That for 
projects that are being completed with funds appropriated 
in this paragraph that would otherwise be expired for obli-
gation, expired funds appropriated in this paragraph may
be used to pay the cost of associated supervision, inspection, 
overhead, engineering and design on those projects and on 
subsequent claims, if any: Provided further, That the Sec-
retary of the Interior shall submit a quarterly report to the 
Committees on Appropriations of the House of Representa-
tives and the Senate detailing the allocation, obligation and 
expenditures of these funds, beginning not later than 45 
days after the date of enactment of this Act: Provided fur-
ther, That the Secretary shall have unlimited reprogram-
ming authority for the funds provided under this heading: 
Provided further, That up to 0.5 percent of funds appro-
priated under this heading may be transferred to ‘‘Policy 
and Administration’’ for the purposes of management and 
oversight of the programs, projects, or activities funded by 
this paragraph. 
DEPARTMENT OF ENERGY 
ENERGY PROGRAMS 
TITLE 17 INNOVATIVE TECHNOLOGY LOAN GUARANTEE 
PROGRAM 
For an additional amount for ‘‘Title 17 Innovative 
Technology Loan Guarantee Program’’ for the cost of guar-
anteed loans authorized by section 1705 of the Energy Pol-
icy Act of 2005, $2,000,000,000, available until expended: 
Provided, That the cost of such loans, including the cost
of modifying such loans, shall be as defined in section 502 
of the Congressional Budget Act of 1974. 
GENERAL PROVISION, THIS CHAPTER 
INCENTIVES FOR INNOVATIVE TECHNOLOGIES LOAN 
GUARANTEE PROGRAM 
SEC. 1201. (a) SPECIFIC APPROPRIATION OR CON-
TRIBUTION.—Section 1702 of the Energy Policy Act of 2005 
(42 U.S.C. 16512) is amended— 
(1) by striking subsection (b) and inserting the 
following: 
‘‘(b) SPECIFIC APPROPRIATION OR CONTRIBUTION.— 
‘‘(1) IN GENERAL.—No guarantee shall be made 
unless— 
‘‘(A) an appropriation for the cost has been 
made; 
‘‘(B) the Secretary has received from the 
borrower a payment in full for the cost of the ob-
ligation and deposited the payment into the 
Treasury; or 
‘‘(C) a combination of appropriations or 
payments from the borrower has been made suffi-
cient to cover the cost of the obligation. 
‘‘(2) LIMITATION.—The source of payments re-
ceived from a borrower under paragraph (1)(B) or 
(C) shall not be a loan or other debt obligation that
is made or guaranteed by the Federal Government.’’; 
and 
(2) by adding at the end the following: 
‘‘(k) CREDIT REPORT.—If, in the opinion of the Sec-
retary, a third-party credit rating of the applicant or 
project is not relevant to the determination of the credit 
risk of a project, if the project costs are not projected to 
exceed $100,000,000, and the applicant agrees to accept the 
credit rating assigned to the applicant by the Secretary, 
the Secretary may waive any otherwise applicable require-
ment (including any requirement described in part 609 of 
title 10, Code of Federal Regulations) to provide a third- 
party credit report. 
‘‘(l) DIRECT HIRE AUTHORITY.— 
‘‘(1) IN
GENERAL.—Notwithstanding section 
3304 and sections 3309 through 3318 of title 5, 
United States Code, the head of the loan guarantee 
program under this title (referred to in this subsection 
as the ‘Executive Director’) may, on a determination 
that there is a severe shortage of candidates or a se-
vere hiring need for particular positions to carry out 
the functions of this title, recruit and directly appoint 
highly qualified critical personnel with specialized 
knowledge important to the function of the programs 
under this title into the competitive service.
‘‘(2) EXCEPTION.—The authority granted under 
paragraph (1) shall not apply to positions in the ex-
cepted service or the Senior Executive Service. 
‘‘(3) REQUIREMENTS.—In exercising the author-
ity granted under paragraph (1), the Executive Di-
rector shall ensure that any action taken by the Exec-
utive Director— 
‘‘(A) is consistent with the merit principles 
of section 2301 of title 5, United States Code; 
and 
‘‘(B) complies with the public notice re-
quirements of section 3327 of title 5, United 
States Code. 
‘‘(4) SUNSET.—The authority provided under 
paragraph (1) shall terminate on January 1, 2011. 
‘‘(m) MULTIPLE SITES.—Notwithstanding any con-
trary requirement (including any provision under part 
609.12 of title 10, Code of Federal Regulations) an eligible 
project may be located on 2 or more non-contiguous sites 
in the United States.’’. 
(b) 
APPLICATIONS
FOR
MULTIPLE
ELIGIBLE 
PROJECTS.—Section 1705 of the Energy Policy Act of 2005 
(42 U.S.C. 16516) is amended— 
(1) by redesignating subsection (e) as subsection 
(f); and
(2) by inserting after subsection (d) the fol-
lowing: 
‘‘(e) MULTIPLE APPLICATIONS.—Notwithstanding any 
contrary requirement (including any provision under part 
609.3(a) of title 10, Code of Federal Regulations), a project 
applicant or sponsor of an eligible project may submit an 
application for more than 1 eligible project under this sec-
tion.’’. 
(c) ENERGY EFFICIENCY LOAN GUARANTEES.—Sec-
tion 1705(a) of the Energy Policy Act of 2005 (42 U.S.C. 
16516(a)) is amended by adding at the end the following: 
‘‘(4) 
Energy 
efficiency 
projects, 
including 
projects to retrofit residential, commercial, and indus-
trial buildings, facilities, and equipment.’’. 
CHAPTER 3—HOMELAND SECURITY 
DEPARTMENT OF HOMELAND SECURITY 
FEDERAL EMERGENCY MANAGEMENT AGENCY 
FIREFIGHTER ASSISTANCE GRANTS 
For an additional amount for ‘‘Firefighter Assistance 
Grants’’ for necessary expenses for programs authorized by 
section 34 of the Federal Fire Prevention and Control Act 
of 1974 (15 U.S.C. 2229a), $500,000,000: Provided, That 
notwithstanding any provision under section 34(a)(1)(A) of 
such Act specifying that grants must be used to increase 
the number of firefighters in fire departments, the Secretary
of Homeland Security, in making grants under section 34 
of such Act for fiscal year 2010, shall grant waivers from 
the requirements of subsections (a)(1)(B), (c)(1), (c)(2), and 
(c)(4)(A) of such section: Provided further, That section 
34(a)(1)(E) of such Act shall not apply with respect to 
funds appropriated in this or any other Act making appro-
priations for fiscal year 2010 for grants under section 34 
of such Act: Provided further, That the Secretary of Home-
land Security, in making grants under section 34 of such 
Act, shall ensure that funds appropriated under this or any 
other Act making appropriations for fiscal year 2010 are 
made available for the retention of firefighters and shall 
award grants not later than 120 days after the date of en-
actment of this Act: Provided further, That the Secretary 
may transfer any unused funds under this heading to make 
grants for programs authorized by section 33 of such Act 
(15 U.S.C. 2229) after notification to the Committees on 
Appropriations of the Senate and the House of Representa-
tives.
CHAPTER 4—INTERIOR AND ENVIRONMENT 
DEPARTMENT OF THE INTERIOR 
BUREAU OF LAND MANAGEMENT 
MANAGEMENT OF LANDS AND RESOURCES 
For an additional amount for ‘‘Management of Lands 
and Resources’’, for activities on all Bureau of Land Man-
agement lands using term employment, $20,000,000. 
UNITED STATES FISH AND WILDLIFE SERVICE 
RESOURCE MANAGEMENT 
For an additional amount for ‘‘Resource Manage-
ment’’, for activities using term employment, $30,000,000. 
NATIONAL PARK SERVICE 
OPERATION OF THE NATIONAL PARK SYSTEM 
For an additional amount for ‘‘Operation of the Na-
tional Park System’’, for activities on all national park 
units using term employment, $50,000,000. 
DEPARTMENT-WIDE PROGRAMS 
WILDLAND FIRE MANAGEMENT 
For an additional amount for ‘‘Wildland Fire Man-
agement’’, for hazardous fuels reduction and related activi-
ties including necessary inventory and monitoring, using 
term employment, $20,000,000.
ENVIRONMENTAL PROTECTION AGENCY 
STATE AND TRIBAL ASSISTANCE GRANTS 
(INCLUDING TRANSFERS OF FUNDS) 
For an additional amount for ‘‘State and Tribal As-
sistance Grants’’, $2,000,000,000, of which $1,000,000,000 
shall be for capitalization grants for the Clean Water State 
Revolving Funds under title VI of the Federal Water Pollu-
tion Control Act and $1,000,000,000 shall be for capitaliza-
tion grants under section 1452 of the Safe Drinking Water 
Act: Provided, That the Administrator may retain up to 
1 percent of the funds appropriated herein for management 
and oversight purposes: Provided further, That funds ap-
propriated herein shall not be subject to the matching or 
cost share requirements of sections 602(b)(2), 602(b)(3) or 
202 of the Federal Water Pollution Control Act nor the 
matching requirements of section 1452(e) of the Safe Drink-
ing Water Act: Provided further, That the Administrator 
shall reallocate funds appropriated herein for the Clean and 
Drinking Water State Revolving Funds (Revolving Funds) 
where projects are not under contract or construction with-
in 8 months of the date of enactment of this Act: Provided 
further, That notwithstanding the priority rankings they 
would otherwise receive under each program, priority for 
funds appropriated herein shall be given to projects on a 
State priority list that are ready to proceed to construction
within 12 months of the date of enactment of this Act: Pro-
vided further, That notwithstanding the requirements of sec-
tion 603(d) of the Federal Water Pollution Control Act or 
section 1452(f) of the Safe Drinking Water Act, for the 
funds appropriated herein, each State shall use not less 
than 50 percent of the amount of its capitalization grants 
to provide additional subsidization to eligible recipients in 
the form of forgiveness of principal, negative interest loans 
or grants or any combination of these: Provided further, 
That, to the extent there are sufficient eligible project appli-
cations, not less than 20 percent of the funds appropriated 
herein for the Revolving Funds shall be for projects to ad-
dress green infrastructure, water or energy efficiency im-
provements or other environmentally innovative activities: 
Provided further, That notwithstanding the limitation on 
amounts specified in section 518(c) of the Federal Water 
Pollution Control Act, up to 2.0 percent of the funds appro-
priated herein for the Clean Water State Revolving Funds 
may be reserved by the Administrator for tribal grants 
under section 518(c) of such Act: Provided further, That up 
to 4 percent of the funds appropriated herein for tribal set- 
asides under the Revolving Funds may be transferred to the 
Indian Health Service to support management and over-
sight of tribal projects: Provided further, That none of the 
funds appropriated herein shall be available for the pur-
chase of land or easements as authorized by section 603(c) 
of the Federal Water Pollution Control Act or for activities 
authorized by section 1452(k) of the Safe Drinking Water 
Act: Provided further, That notwithstanding section 
603(d)(2) of the Federal Water Pollution Control Act and 
section 1452(f)(2) of the Safe Drinking Water Act, funds 
may be used to buy, refinance, or restructure the debt obli-
gations of eligible recipients only where such debt was in-
curred on or after October 1, 2009: Provided further, That 
section 1606 of title XVI of Public Law 111–5 shall apply 
to the use of the funds provided under this heading. 
DEPARTMENT OF AGRICULTURE 
FOREST SERVICE 
STATE AND PRIVATE FORESTRY 
For an additional amount for ‘‘State and Private For-
estry’’, for financial assistance to States and territories for 
authorized activities using term employment, $75,000,000. 
NATIONAL FOREST SYSTEM 
For an additional amount for ‘‘National Forest Sys-
tem’’, for activities on the National Forest System using 
term employment, $40,000,000. 
WILDLAND FIRE MANAGEMENT 
For an additional amount for ‘‘Wildland Fire Man-
agement’’, for hazardous fuels reduction and related activi-
ties using term employment, $35,000,000.
GENERAL PROVISIONS, THIS CHAPTER 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 1401. Funds made available to the Environ-
mental Protection Agency by this Act for management and 
oversight purposes shall remain available until September 
30, 2012, and may be transferred to the ‘‘Environmental 
Programs and Management’’ account as needed. 
SEC. 1402. In carrying out the work for which funds 
in this title are being made available, the Secretary of the 
Interior and the Secretary of Agriculture shall utilize, to 
the maximum extent practicable, the Public Lands Corps, 
Youth Conservation Corps, Student Conservation Associa-
tion, Job Corps, Corps Network members, and other related 
partnerships with Federal, State, local, tribal or non-profit 
groups that serve young adults, underserved and minority 
populations, veterans, and special needs individuals. 
CHAPTER 5—LABOR, HEALTH AND HUMAN SERV-
ICES, AND EDUCATION, AND RELATED AGEN-
CIES 
DEPARTMENT OF LABOR 
EMPLOYMENT AND TRAINING ADMINISTRATION 
TRAINING AND EMPLOYMENT SERVICES 
For an additional amount for ‘‘Training and Employ-
ment Services’’ for activities under the Workforce Invest-
ment Act of 1998 (‘‘WIA’’), $1,250,000,000, which shall be
available for obligation on the date of enactment of this Act, 
as follows: 
(1) $500,000,000 for grants to the States for 
youth activities: Provided, That such funds shall be 
used solely for summer employment programs for 
youth: Provided further, That no portion of such 
funds shall be reserved to carry out section 
127(b)(1)(A) of the WIA: Provided further, That for 
purposes of section 127(b)(1)(C)(iv) of the WIA, funds 
available for youth activities shall be allotted as if the 
total amount available for youth activities in the fis-
cal year does not exceed $1,000,000,000: Provided fur-
ther, That the work readiness performance indicator 
described in section 136(b)(2)(A)(ii)(I) of the WIA 
shall be the only measure of performance used to as-
sess the effectiveness of summer employment for youth 
provided with such funds: Provided further, That an 
in-school youth shall meet the requirement that eligi-
ble youth be a low-income individual under section 
101(13)(B) of the WIA if such youth has been deter-
mined to meet the eligibility requirements for free 
meals under the National School Lunch Act (42 
U.S.C. 1751 et seq.) during the most recent school 
year; and
(2) $750,000,000 for a program of competitive 
grants for worker training and placement in high 
growth and emerging industry sectors: Provided, That 
$275,000,000 shall be for job training projects that 
prepare workers for careers in energy efficiency and 
renewable energy as described in section 171(e)(1)(B) 
of the WIA, of which $225,000,000 shall be for Path-
ways Out of Poverty projects: Provided further, That 
in awarding grants from those funds not dedicated in 
the preceding proviso, the Secretary of Labor shall 
give priority to projects that prepare workers for ca-
reers in the health care sector. 
DEPARTMENT OF EDUCATION 
EDUCATION JOBS FUND 
For necessary expenses for an Education Jobs Fund, 
$23,000,000,000, which shall remain available for obliga-
tion through September 30, 2010 and shall be administered 
under the terms and conditions of sections 14001 through 
14013 of title XIV, and title XV, of division A of the Amer-
ican Recovery and Reinvestment Act of 2009 (Public Law 
111–5), except as follows: 
(1) ALLOTMENTS
TO
STATES
AND
TERRI-
TORIES.—Such funds shall be available only for allo-
cations by the Secretary under subsections (a) and (d) 
of section 14001.
(2) RESERVATION.—With respect to funds appro-
priated under this heading, a State that receives an 
allocation may reserve not more than 5 percent for— 
(A) the administrative costs of carrying out 
its responsibilities with respect to those funds, 
provided the State reserves not more than 1 per-
cent of its total allocation for those costs; and 
(B) retaining or creating positions in the 
State educational agency or the State agency for 
higher education, and other State agency posi-
tions related to the administration or support of 
early childhood, elementary, secondary or post-
secondary education. 
(3) AWARDS TO LOCAL EDUCATIONAL AGENCIES 
AND PUBLIC INSTITUTIONS OF HIGHER EDUCATION.— 
(A) Except as specified under paragraph 
(2), an allocation of such funds to a State under 
section 14001(d) shall be used only for awards to 
local educational agencies and public institu-
tions of higher education for the support of ele-
mentary, secondary, and postsecondary edu-
cation. The Governor shall determine how the 
funds appropriated under this heading are allo-
cated for elementary and secondary education 
and for public institutions of higher education.
In making the determination in the preceding 
sentence, the Governor shall allocate funds 
among the categories of elementary and sec-
ondary education and public institutions of 
higher education generally in proportion to any 
reductions in State funds for such categories. 
(B) Funds used to support elementary and 
secondary education shall be distributed through 
the State’s primary elementary and secondary 
funding formulae. 
(C) Section 14002(a) and (b) shall not 
apply. 
(4) INAPPLICABILITY OF EDUCATION REFORM AS-
SURANCES.—Subsection (b)(2), and paragraphs (1) 
through (5) of subsection (d), of section 14005 shall 
not apply to any application for an allocation of such 
funds. 
(5) REQUIREMENT TO USE FUNDS TO RETAIN OR 
CREATE EDUCATION JOBS.—Notwithstanding sections 
14003(a) and 14004(a), such funds may be used only 
for compensation and benefits and other expenses, 
such as support services, necessary to retain existing 
employees, for activities defined in section 101(31) of 
the Workforce Investment Act of 1998, and to hire 
new employees in order to provide early childhood, el-
ementary, secondary, or postsecondary educational 
and related services or for modernization, renovation, 
and repair of public school facilities and facilities of 
institutions of higher education. 
(6) PROHIBITION ON USE OF FUNDS FOR RAINY- 
DAY FUNDS OR DEBT RETIREMENT.—A State that re-
ceives an allocation may not use such funds, directly 
or indirectly, to establish, restore, or supplement a 
rainy-day fund, or to supplant State funds in a man-
ner that has the effect of establishing, restoring, or 
supplementing a rainy-day fund; or to reduce or re-
tire debt obligations incurred by the State, or to sup-
plant State funds in a manner that has the effect of 
reducing or retiring debt obligations incurred by the 
State, provided that this prohibition shall not apply 
to fund balances that are necessary to comply with 
any State requirement to maintain a balanced budg-
et. 
(7) APPLICATION
CONSIDERATIONS.—If, by a 
date set by the Secretary, a Governor has not sub-
mitted an approvable application under section 
14005(a), the Secretary may provide for the distribu-
tion of funds allocated under section 14001(d) to an-
other entity or other entities in the State, under such 
terms and conditions as the Secretary may establish,
provided that all terms and conditions that apply to 
the appropriation under this heading shall apply to 
such funds distributed to such entity or entities. 
(8) LOCAL
EDUCATIONAL
AGENCY
APPLICA-
TION.—Section 442 of the General Education Provi-
sions Act does not apply to a local educational agency 
that has previously submitted an application to the 
State under title XIV of division A of the American 
Recovery and Reinvestment Act of 2009. The assur-
ances provided under that application shall continue 
to apply to funds awarded under this heading. 
(9) MAINTENANCE OF EFFORT.—The Secretary 
shall not allocate funds to a State under paragraph 
(1) unless the Governor of the State provides an as-
surance to the Secretary that the State will— 
(A) for fiscal year 2010— 
(i) maintain State support for elemen-
tary, secondary, and public higher edu-
cation (not including support for capital 
projects or research and development or tui-
tion and fees paid by students), in the ag-
gregate, at the level of such support for fis-
cal year 2009; or 
(ii) maintain State support for ele-
mentary, secondary, and public higher edu-
cation (not including support for capital 
projects or research and development or tui-
tion and fees paid by students), in the ag-
gregate, at a level no less than such support 
for fiscal year 2006, provided that if a 
State has enacted a reduction to such aggre-
gate level of fiscal year 2010 State support 
for elementary, secondary, and public high-
er education after December 12, 2009, the 
State shall maintain State support for ele-
mentary, secondary, and public higher edu-
cation at a percentage of the total revenues 
available to the State that is equal to or 
greater than the percentage provided for 
such purpose for fiscal year 2010 prior to 
December 12, 2009; and 
(B) for fiscal year 2011— 
(i) comply with subparagraph (A)(i); 
or 
(ii) maintain State support for ele-
mentary, secondary, and public higher edu-
cation (not including support for capital 
projects or research and development or tui-
tion and fees paid by students), in the ag-
gregate, at a percentage of the total revenues
available to the State that is equal to or 
greater than the percentage provided for 
such purpose for fiscal year 2010. 
STUDENT FINANCIAL ASSISTANCE 
For an additional amount for ‘‘Student Financial As-
sistance’’ to carry out part C of title IV of the Higher Edu-
cation Act of 1965, $300,000,000, which shall remain avail-
able through September 30, 2011. 
RELATED AGENCIES 
CORPORATION FOR NATIONAL AND COMMUNITY SERVICE 
OPERATING EXPENSES 
(INCLUDING TRANSFER OF FUNDS) 
For an additional amount for ‘‘Operating Expenses’’ 
to carry out the Domestic Volunteer Service Act of 1973 
(‘‘1973 Act’’) and the National and Community Service Act 
of 1990 (‘‘1990 Act’’), $132,000,000, which shall remain 
available through September 30, 2011: Provided, That not 
less than $90,000,000 of the funds made available in this 
paragraph shall be used to make additional awards to exist-
ing AmeriCorps grantees and may be used to provide ad-
justments to awards under subtitle C of title I of the 1990 
Act made prior to September 30, 2011 for which the Chief 
Executive Officer of the Corporation for National and Com-
munity Service (‘‘CEO’’) determines that a waiver of the 
Federal share limitation is warranted under section
2521.70 of title 45 of the Code of Federal Regulations: Pro-
vided further, That up to $30,000,000 shall be for programs 
under title I, part A of the 1973 Act: Provided further, That 
any funds provided in the previous proviso shall not be 
made available in connection with cost-share agreements 
authorized under section 192A(g)(10) of the 1990 Act: Pro-
vided further, That of the amount made available in this 
paragraph, not less than $7,000,000 shall be transferred to 
‘‘Salaries and Expenses’’ to administer the funds provided 
in this paragraph, including making any necessary infor-
mation technology upgrades: Provided further, That the 
CEO shall provide to the Committees on Appropriations of 
the House of Representatives and the Senate a fiscal year 
2010 operating plan for the funds appropriated in this 
paragraph prior to making any Federal obligations of such 
funds in fiscal year 2010, but not later than 90 days after 
the date of enactment of this Act, and a fiscal year 2011 
operating plan for such funds in fiscal year 2011, but not 
later than November 1, 2010, that detail the allocation of 
resources and the increased number of members supported 
by the AmeriCorps programs: Provided further, That the 
CEO shall provide to the Committees on Appropriations of 
the House of Representatives and the Senate a report on 
the actual obligations, expenditures, and unobligated bal-
ances for each activity funded under this heading not later
than 90 days after issuance of the operating plan, and 
quarterly thereafter as long as funding provided under this 
heading is available for obligation or expenditure. 
NATIONAL SERVICE TRUST 
(INCLUDING TRANSFER OF FUNDS) 
For an additional amount for ‘‘National Service 
Trust’’ established under subtitle D of title I of the National 
and Community Service Act of 1990 (‘‘1990 Act’’), 
$68,000,000, which shall remain available until expended: 
Provided, That the Corporation for National and Commu-
nity Service may transfer additional funds from the 
amount provided within ‘‘Operating Expenses’’ allocated to 
grants under subtitle C of title I of the 1990 Act to the 
National Service Trust upon determination that such trans-
fer is necessary to support the activities of national service 
participants and after notice is transmitted to the Commit-
tees on Appropriations of the House of Representatives and 
the Senate: Provided further, That the amount appro-
priated or transferred to the National Service Trust may 
be invested under section 145(b) of the 1990 Act without 
regard to the requirements to apportion funds under 31 
U.S.C. 1513(b).
GENERAL PROVISION, THIS CHAPTER 
ISSUER ALLOWED REFUNDABLE CREDIT FOR QUALIFIED 
ZONE ACADEMY BONDS AND QUALIFIED SCHOOL CON-
STRUCTION BONDS 
SEC. 1501. (a) IN GENERAL.—Section 6431 of the In-
ternal Revenue Code of 1986 is amended by adding at the 
end the following new subsection: 
‘‘(f) APPLICATION OF SECTION TO QUALIFIED ZONE 
ACADEMY BONDS AND QUALIFIED SCHOOL CONSTRUCTION 
BONDS.— 
‘‘(1) IN GENERAL.—In the case of any specified 
tax credit bond— 
‘‘(A) such bond shall be treated as a quali-
fied bond for purposes of this section, 
‘‘(B) subsection (a) shall be applied without 
regard to the requirement that the qualified bond 
be issued before January 1, 2011, 
‘‘(C) the amount of the payment determined 
under subsection (b) with respect to any interest 
payment date under such bond shall be equal to 
the lesser of— 
‘‘(i) the amount of interest payable 
under such bond on such date, or 
‘‘(ii) the amount of interest which 
would have been payable under such bond
on such date if such interest were deter-
mined at the applicable credit rate deter-
mined under section 54A(b)(3) with respect 
to such bond, 
‘‘(D) interest on any such bond shall be in-
cludible in gross income for purposes of this title, 
and 
‘‘(E) no credit shall be allowed under sec-
tion 54A with respect to such bond. 
‘‘(2) SPECIFIED TAX CREDIT BOND.—For pur-
poses of this subsection, the term ‘specified tax credit 
bond’ means any qualified tax credit bond (as defined 
in section 54A(d)) if— 
‘‘(A) such bond is a qualified zone academy 
bond (as defined in section 54E) or a qualified 
school construction bond (as defined in section 
54F), and 
‘‘(B) the issuer of such bond makes an irrev-
ocable election to have this subsection apply.’’. 
(b) TECHNICAL CORRECTIONS RELATING TO QUALI-
FIED SCHOOL CONSTRUCTION BONDS.— 
(1) The second sentence of section 54F(d)(1) of 
such Code is amended by striking ‘‘by the State’’ and 
inserting ‘‘by the State education agency (or such
any other Act for ‘‘Federal-aid Highways’’ and shall not 
affect the distribution of funds provided for ‘‘Federal-aid 
Highways’’ in any other Act: Provided further, That the 
amount made available under this heading shall not be sub-
ject to any limitation on obligations for Federal-aid high-
ways or highway safety construction programs set forth in 
any Act: Provided further, That section 1101(b) of Public 
Law 109–59 shall apply to funds apportioned under this 
heading: Provided further, That the Administrator of the 
Federal Highway Administration may retain up to 
$45,000,000 of the funds provided under this heading to 
fund the oversight by the Administrator of projects and ac-
tivities carried out with funds made available to the Federal 
Highway Administration in this Act, of which $5,000,000 
shall be for the Office of Expedited Project Delivery in the 
Office of the Administrator of the Federal Highway Admin-
istration, and such funds shall be available through Sep-
tember 30, 2013. 
FEDERAL RAILROAD ADMINISTRATION 
CAPITAL GRANTS TO THE NATIONAL RAILROAD PASSENGER 
CORPORATION 
For an additional amount for ‘‘Capital Grants to the 
National Railroad Passenger Corporation’’ to enable the 
Secretary of Transportation to make capital grants to The 
National Railroad Passenger Corporation (Amtrak) as au-