other agency as is authorized under State law to 
make such allocation)’’. 
(2) The second sentence of section 54F(e) of such 
Code is amended by striking ‘‘subsection (d)(4)’’ and 
inserting ‘‘paragraphs (2) and (4) of subsection (d)’’. 
(c) EFFECTIVE DATE.— 
(1) IN GENERAL.—Except as otherwise provided 
in this subsection, the amendment made by this sec-
tion shall apply to bonds issued after December 31, 
2009. 
(2) TECHNICAL
CORRECTIONS.—The amend-
ments made by subsection (b) shall take effect as if in-
cluded in section 1521 of the American Recovery and 
Reinvestment Tax Act of 2009. 
CHAPTER 6—TRANSPORTATION AND HOUSING 
AND URBAN DEVELOPMENT 
DEPARTMENT OF TRANSPORTATION 
FEDERAL AVIATION ADMINISTRATION 
GRANTS-IN-AID FOR AIRPORTS 
For an additional amount for ‘‘Grants-In-Aid for Air-
ports’’, to enable the Secretary of Transportation to make 
grants for discretionary projects as authorized by sub-
chapter 1 of chapter 471 and subchapter 1 of chapter 475 
of title 49, United States Code, $500,000,000: Provided, 
That such funds shall not be subject to apportionment for-
mulas, special apportionment categories, or minimum per-
centages under chapter 471 of such title: Provided further, 
That the Secretary shall distribute funds provided under 
this heading as discretionary grants to airports using the 
criteria established under chapters 471 and 475 of such 
title, but with priority given to those projects that dem-
onstrate to his satisfaction their ability to be completed 
within 2 years of enactment of this Act: Provided further, 
That the Secretary shall award grants under this heading 
within 120 days of enactment of this Act: Provided further, 
That the amount made available under this heading shall 
not be subject to any limitation on obligations for the 
Grants-in-Aid for Airports program set forth in any Act: 
Provided further, That the Federal share payable of the 
costs for which a grant is made under this heading shall 
be, at the option of the recipient, up to 100 percent: Pro-
vided further, That the amounts provided under this head-
ing may be used for expenses the agency incurs in admin-
istering this program in addition to amounts provided for 
administrative expenses for the Grants-in-Aid Airport Im-
provement Program from any other Act. 
FEDERAL HIGHWAY ADMINISTRATION 
HIGHWAY INFRASTRUCTURE INVESTMENT 
For an additional amount for ‘‘Highway Infrastruc-
ture Investment’’ for restoration, repair, construction and
other activities eligible under paragraph (b) of section 133 
of title 23, United States Code, and for passenger and 
freight rail transportation and port infrastructure projects 
eligible for assistance under subsection 601(a)(8) of such 
title, $27,500,000,000, to remain available through Sep-
tember 30, 2011: Provided, That, after making the set-asides 
required under this heading, 50 percent of the funds made 
available under this heading shall be apportioned to States 
using the formula set forth in section 104(b)(3) of title 23, 
United States Code, and the remaining funds shall be ap-
portioned to States in the same ratio as the obligation limi-
tation for fiscal year 2008 was distributed among the States 
in accordance with the formula specified in section 
120(a)(6) of division K of Public Law 110–161: Provided 
further, That funds made available under this heading shall 
be apportioned not later than 21 days after the date of en-
actment of this Act: Provided further, That in selecting 
projects to be carried out with funds apportioned under this 
heading, priority shall be given to projects that are pro-
jected for completion within a 3-year time frame, and are 
located in economically distressed areas as defined by sec-
tion 301 of the Public Works and Economic Development 
Act of 1965, as amended (42 U.S.C. 3161): Provided fur-
ther, That in selecting projects to be carried out with funds 
apportioned under this heading, States shall ensure an eq-
uitable geographic distribution of funds and an appropriate 
balance in addressing the needs of urban and rural commu-
nities in the State: Provided further, That 90 days following 
the date of such apportionment, the Secretary of Transpor-
tation shall withdraw from each State an amount equal to 
50 percent of the funds awarded to that State less the 
amount of funding under contract, as determined by the 
Secretary, and the Secretary shall redistribute such 
amounts to other States that have had no funds withdrawn 
under this proviso in the manner described in section 120(c) 
of division K of Public Law 110–161: Provided further, 
That 1 year following the date of such apportionment, the 
Secretary shall withdraw from each recipient of funds ap-
portioned under this heading any funds that are not under 
contract, as determined by the Secretary, and the Secretary 
shall redistribute such amounts to States that have had no 
funds withdrawn under this proviso in the manner de-
scribed in section 120(c) of division K of Public Law 110– 
161: Provided further, That at the request of a State, the 
Secretary of Transportation may provide an extension of 
such 1-year period only to the extent that he feels satisfied 
that the State has encountered extreme conditions that cre-
ate an unworkable bidding environment or other extenu-
ating circumstances: Provided further, That before granting 
such an extension, the Secretary shall send a letter to the
House and Senate Committees on Appropriations that pro-
vides a thorough justification for the extension: Provided 
further, That 3 percent of the funds apportioned to a State 
under this heading shall be set aside for the purposes de-
scribed in subsection 133(d)(2) of title 23, United States 
Code (without regard to the comparison to fiscal year 
2005): Provided further, That 30 percent of the funds ap-
portioned to a State under this heading shall be suballo-
cated within the State in the manner and for the purposes 
described in the first sentence of subsection 133(d)(3)(A), 
in subsection 133(d)(3)(B), and in subsection 133(d)(3)(D): 
Provided further, That such suballocation shall be conducted 
in every State: Provided further, That of the funds provided 
under this heading, $105,000,000 shall be for the Puerto 
Rico highway program authorized under section 165 of title 
23, United States Code, and $45,000,000 shall be for the 
territorial highway program authorized under section 215 
of title 23, United States Code: Provided further, That of 
the funds provided under this heading, $60,000,000 shall 
be for capital expenditures eligible under section 147 of title 
23, United States Code (without regard to subsection(d)): 
Provided further, That the Secretary of Transportation 
shall distribute such $60,000,000 as competitive discre-
tionary grants to States, with priority given to those 
projects that demonstrate to his satisfaction their ability to
be completed within 2 years of enactment of this Act: Pro-
vided further, That of the funds provided under this head-
ing, $550,000,000 shall be for investments in transportation 
at Indian reservations and Federal lands: Provided further, 
That of the funds identified in the preceding proviso, 
$310,000,000 shall be for the Indian Reservation Roads 
program, $170,000,000 shall be for the Park Roads and 
Parkways program, $60,000,000 shall be for the Forest 
Highway Program, and $10,000,000 shall be for the Refuge 
Roads program: Provided further, That for investments at 
Indian reservations and Federal lands, priority shall be 
given to capital investments, and to projects and activities 
that can be completed within 2 years of enactment of this 
Act: Provided further, That 1 year following the enactment 
of this Act, to ensure the prompt use of the $550,000,000 
provided for investments at Indian reservations and Fed-
eral lands, the Secretary shall have the authority to redis-
tribute unobligated funds within the respective program for 
which the funds were appropriated: Provided further, That 
up to 4 percent of the funding provided for Indian Reserva-
tion Roads may be used by the Secretary of the Interior 
for program management and oversight and project-related 
administrative expenses: Provided further, That section 
134(f)(3)(C)(ii)(II) of title 23, United States Code, shall not 
apply to funds provided under this heading: Provided fur-
ther, That of the funds made available under this heading, 
$20,000,000 shall be for highway surface transportation 
and technology training under section 140(b) of title 23, 
United States Code, and $20,000,000 shall be for disadvan-
taged business enterprises bonding assistance under section 
332(e) of title 49, United States Code: Provided further, 
That funds made available under this heading shall be ad-
ministered as if apportioned under chapter 1 of title 23, 
United States Code, except for funds made available for in-
vestments in transportation at Indian reservations and 
Federal lands, and for the territorial highway program, 
which shall be administered in accordance with chapter 2 
of title 23, United States Code, and except for funds made 
available for disadvantaged business enterprises bonding as-
sistance, which shall be administered in accordance with 
chapter 3 of title 49, United States Code: Provided further, 
That the Federal share payable on account of any project 
or activity carried out with funds made available under 
this heading shall be, at the option of the recipient, up to 
100 percent of the total cost thereof: Provided further, That 
funds made available by this paragraph shall not be obli-
gated for the purposes authorized under section 115(b) of 
title 23, United States Code: Provided further, That funding 
provided under this heading shall be in addition to any 
and all funds provided for fiscal years 2010 and 2011 in
thorized by section 101(c) of the Passenger Rail Investment 
and Improvement Act of 2008 (Public Law 110–432), 
$800,000,000, for fleet modernization, including rehabilita-
tion of existing and acquisition of new passenger equip-
ment, including fuel efficient locomotives: Provided, That 
none of the funds provided under this heading shall be used 
to subsidize the operating losses of Amtrak: Provided fur-
ther, That section 24305(f)(4)(B) of title 49, United States 
Code, shall not apply to any new equipment acquired with 
funds provided under this heading: Provided further, That 
funds provided under this heading shall be awarded not 
later than 60 days after the date of enactment of this Act. 
FEDERAL TRANSIT ADMINISTRATION 
TRANSIT CAPITAL ASSISTANCE 
For an additional amount for ‘‘Transit Capital Assist-
ance’’ for transit capital assistance grants authorized under 
section 5302(a)(1) of title 49, United States Code, 
$6,150,000,000: Provided, That the Secretary of Transpor-
tation shall provide 80 percent of the funds appropriated 
under this heading for grants under section 5307 of title 
49, United States Code, and apportion such funds in ac-
cordance with section 5336 of such title (other than sub-
sections (i)(1) and (j)): Provided further, That the Secretary 
shall apportion 10 percent of the funds appropriated under 
this heading in accordance with section 5340 of such title:
Provided further, That the Secretary shall provide 10 per-
cent of the funds appropriated under this heading for grants 
under section 5311 of title 49, United States Code, and ap-
portion such funds in accordance with such section: Pro-
vided further, That funds apportioned under this heading 
shall be apportioned not later than 21 days after the date 
of enactment of this Act: Provided further, That 90 days 
following the date of such apportionment, the Secretary 
shall withdraw from each urbanized area or State an 
amount equal to 50 percent of the funds apportioned to such 
urbanized areas or States less the amount of funding under 
contract, as determined by the Secretary, and the Secretary 
shall redistribute such amounts to other urbanized areas or 
States that have had no funds withdrawn under this proviso 
utilizing whatever method he deems appropriate to ensure 
that all funds redistributed under this proviso shall be uti-
lized promptly: Provided further, That 1 year following the 
date of such apportionment, the Secretary shall withdraw 
from each urbanized area or State any funds that are not 
under contract, as determined by the Secretary, and the 
Secretary shall redistribute such amounts to other urban-
ized areas or States that have had no funds withdrawn 
under this proviso utilizing whatever method he deems ap-
propriate to ensure that all funds redistributed under this 
proviso shall be utilized promptly: Provided further, That
at the request of an urbanized area or State, the Secretary 
of Transportation may provide an extension of such 1-year 
period if he feels satisfied that the urbanized area or State 
has encountered an unworkable bidding environment or 
other extenuating circumstances: Provided further, That be-
fore granting such an extension, the Secretary shall send 
a letter to the House and Senate Committees on Appropria-
tions that provides a thorough justification for the exten-
sion: Provided further, That of the funds provided for sec-
tion 5311 of title 49, United States Code, 2.5 percent shall 
be made available for section 5311(c)(1): Provided further, 
That of the funding provided under this heading, 
$100,000,000 shall be distributed as discretionary grants to 
public transit agencies for capital investments that will as-
sist in reducing the energy consumption or greenhouse gas 
emissions of their public transportation systems: Provided 
further, That for such grants on energy-related investments, 
priority shall be given to projects based on the total energy 
savings that are projected to result from the investment, and 
projected energy savings as a percentage of the total energy 
usage of the public transit agency: Provided further, That 
applicable chapter 53 requirements shall apply to funding 
provided under this heading, except that the Federal share 
of the costs for which any grant is made under this heading 
shall be, at the option of the recipient, up to 100 percent:
Provided further, That the amount made available under 
this heading shall not be subject to any limitation on obliga-
tions for transit programs set forth in any Act: Provided 
further, That section 1101(b) of Public Law 109–59 shall 
apply to funds appropriated under this heading: Provided 
further, That the funds appropriated under this heading 
shall not be commingled with any prior year funds: Pro-
vided further, That a recipient and subrecipient of funds 
made available under this heading may use up to 10 per-
cent of the amount apportioned to a State or urbanized area 
for the operating costs of equipment and facilities for use 
in public transportation or for eligible activities under sec-
tion 5311(f): Provided further, That in selecting projects to 
be carried out with funds apportioned under this heading, 
priority shall be given to projects that are located in eco-
nomically distressed areas as defined by section 301 of the 
Public Works and Economic Development Act of 1965, as 
amended (42 U.S.C. 3161): Provided further, That in select-
ing projects to be carried out with funds apportioned under 
this heading, States shall ensure an equitable geographic 
distribution of funds and an appropriate balance in ad-
dressing the needs of urban and rural communities in the 
State: Provided further, That notwithstanding any other 
provision of law, three-quarters of 1 percent of the funds 
provided for grants under section 5307 and section 5340,
and one-half of 1 percent of the funds provided for grants 
under section 5311, shall be available for administrative ex-
penses and program management oversight, and such funds 
shall be available through September 30, 2013. 
FIXED GUIDEWAY INFRASTRUCTURE INVESTMENT 
For an amount for capital expenditures authorized 
under section 5309(b)(2) of title 49, United States Code, 
$1,750,000,000: Provided, That the Secretary of Transpor-
tation shall apportion funds under this heading pursuant 
to the formula set forth in section 5337 of title 49, United 
States Code: Provided further, That the funds appropriated 
under this heading shall not be commingled with any prior 
year funds: Provided further, That funds made available 
under this heading shall be apportioned not later than 21 
days after the date of enactment of this Act: Provided fur-
ther, That 90 days following the date of such apportion-
ment, the Secretary shall withdraw from each urbanized 
area an amount equal to 50 percent of the funds appor-
tioned to such urbanized area less the amount of funding 
under contract, as determined by the Secretary, and the 
Secretary shall redistribute such amounts to other urban-
ized areas that have had no funds withdrawn under this 
proviso utilizing whatever method he deems appropriate to 
ensure that all funds redistributed under this proviso shall 
be utilized promptly: Provided further, That 1 year fol-
lowing the date of such apportionment, the Secretary shall 
withdraw from each urbanized area any funds that are not 
under contract, as determined by the Secretary, and the 
Secretary shall redistribute such amounts to other urban-
ized areas that have had no funds withdrawn under this 
proviso utilizing whatever method he deems appropriate to 
ensure that all funds redistributed under this proviso shall 
be utilized promptly: Provided further, That at the request 
of an urbanized area, the Secretary of Transportation may 
provide an extension of such 1-year period if he feels satis-
fied that the urbanized area has encountered an unworkable 
bidding environment or other extenuating circumstances: 
Provided further, That before granting such an extension, 
the Secretary shall send a letter to the House and Senate 
Committees on Appropriations that provides a thorough 
justification for the extension: Provided further, That appli-
cable chapter 53 requirements shall apply except that the 
Federal share of the costs for which a grant is made under 
this heading shall be, at the option of the recipient, up to 
100 percent: Provided further, That the provisions of section 
1101(b) of Public Law 109–59 shall apply to funds made 
available under this heading: Provided further, That not-
withstanding any other provision of law, up to 1 percent 
of the funds under this heading shall be available for ad-
ministrative expenses and program management oversight
and shall remain available for obligation until September 
30, 2013. 
CAPITAL INVESTMENT GRANTS 
For an additional amount for ‘‘Capital Investment 
Grants’’, as authorized under section 5338(c)(4) of title 49, 
United 
States 
Code, 
and 
allocated 
under 
section 
5309(m)(2)(A) of such title, to enable the Secretary of 
Transportation to make discretionary grants as authorized 
by section 5309(d) and (e) of such title, $500,000,000, of 
which $1,500,000 shall be for the Office of Expedited Project 
Delivery in the Office of the Administrator of the Federal 
Transit Administration: Provided, That such amount shall 
be allocated without regard to the limitation under section 
5309(m)(2)(A)(i): Provided further, That in selecting 
projects to be funded, priority shall be given to projects that 
are able to award contracts within 90 days of enactment 
of this Act: Provided further, That the provisions of section 
1101(b) of Public Law 109–59 shall apply to funds made 
available under this heading: Provided further, That funds 
appropriated under this heading shall not be commingled 
with any prior year funds: Provided further, That applica-
ble chapter 53 requirements shall apply, except that not-
withstanding any other provision of law, up to 1 percent 
of the funds provided under this heading shall be available 
for administrative expenses and program management
oversight, and shall remain available through September 30, 
2013: Provided further, That, notwithstanding any other 
provision of law, the provisions of section 3011(f) of Public 
Law 109–59 shall apply to all projects evaluated under sec-
tions 5309(d) and 5309(e) of title 49, United States Code, 
and funded in fiscal years 2010 and 2011 with funds made 
available in the Act or any other Act. 
MARITIME ADMINISTRATION 
MARITIME GUARANTEED LOAN (TITLE XI) PROGRAM 
ACCOUNT 
(INCLUDING TRANSFER OF FUNDS) 
For the cost of guaranteed loans, as authorized, 
$100,000,000: Provided, That such costs, including the cost 
of modifying such loans, shall be as defined in section 502 
of the Congressional Budget Act of 1974, as amended: Pro-
vided further, That the Maritime Administrator may retain 
and transfer to ‘‘Maritime Administration, Operations and 
Training’’ up to 2 percent of the funds provided under this 
heading to carry out the guaranteed loan program. 
GENERAL PROVISION, DEPARTMENT OF TRANSPORTATION 
SEC. 1601. (a) MAINTENANCE OF EFFORT.— 
(1) CERTIFICATION.— 
(A) CERTIFICATION THROUGH SEPTEMBER 
30, 2010.—The certification made by the Gov-
ernor of each State under section 1201(a) of di-
vision A of the American Recovery and Reinvest-
ment Act of 2009 (Pubic Law 111–5, 123 Stat. 
115, 212) shall continue in effect under this Act. 
(B) CERTIFICATION THROUGH SEPTEMBER 
30, 2011.—Not later than 30 days after the date 
of enactment of this Act, for each amount that is 
distributed to a State or agency thereof from an 
appropriation in this Act for a covered program, 
the Governor of the State shall certify to the Sec-
retary of Transportation that the State will 
maintain its effort with regard to State funding 
for the types of projects that are funded by the 
appropriation. As part of this certification, the 
Governor shall submit to the Secretary of Trans-
portation a statement identifying the amount of 
State funds the State planned to expend from 
State sources as of the date of enactment of this 
Act for the period of October 1, 2010, through 
September 30, 2011, for the types of projects that 
are funded by the appropriation. For the period 
of October 1, 2010, through September 30, 2011, 
the Governor of a State may calculate planned 
expenditures from State funds in the same man-
ner as under section 1201(a) of division A of the 
American Recovery and Reinvestment Act of
2009 or may calculate the amount by pro rating 
the amount certified under section 1201(a) of di-
vision A of the American Recovery and Reinvest-
ment Act of 2009 to establish the amount of 
planned expenditures for such period. 
(2) DEFINITION OF STATE FUNDS.—For purposes 
of the certifications required by section 1201(a) of di-
vision A of the American Recovery and Reinvestment 
Act of 2009 and paragraph (1)(B), State funding 
means State funds used for transportation purposes 
that are expended by the State agency that is pri-
marily responsible for carrying out the covered pro-
gram. State funding does not include State transpor-
tation funds that are expended by or at the direction 
of non-State governmental entities. 
(b) REQUIREMENT TO MAINTAIN EFFORT.— 
(1) REPORTS.—Each State shall submit to the 
Department of Transportation for each covered pro-
gram the actual aggregate expenditures from State 
funds during the period of February 17, 2009, 
through September 30, 2011, as compared to the level 
of such expenditures from State funds that were 
planned to occur during such period as certified in 
accordance with subsection (a). The State shall sub-
mit the maintenance of effort reports in the same
manner and in the same timeframe required by sub-
section (c), except the State is not required to submit 
a maintenance of effort report on February 17, 2013. 
The covered agencies shall submit the reports to Con-
gress in accordance with subsection (c)(1). 
(2) DETERMINATION OF MAINTENANCE OF EF-
FORT.—A State is deemed to have met its level of ef-
fort if the aggregate amount of actual expenditures of 
State funds reported in the February 17, 2012 report 
in accordance with paragraph (1) meets or exceeds 
the aggregate amount of planned expenditures of 
State funds identified in the certification required by 
subsection (a). 
(3) PENALTY
FOR
FAILURE
TO
MAINTAIN
EF-
FORT.—If a State is unable to maintain the level of 
effort certified pursuant to subsection (a), the State 
will be prohibited by the Secretary of Transportation 
from receiving additional limitation pursuant to the 
redistribution of the limitation on obligations for 
Federal-aid highway and highway safety construction 
programs that occurs after August 1 for fiscal year 
2012. 
(c) PERIODIC REPORTS.— 
(1) IN
GENERAL.—Notwithstanding any other 
provision of law, each grant recipient shall submit to
the covered agency from which they received funding 
periodic reports on the use of the funds appropriated 
in this chapter for the Department of Transportation 
for covered programs. Such reports shall be collected 
and compiled by the covered agency and transmitted 
to Congress. Covered agencies may develop such re-
ports on behalf of grant recipients to ensure the accu-
racy and consistency of such reports. 
(2) CONTENTS OF REPORTS.—For amounts re-
ceived under each covered program by a grant recipi-
ent under this chapter for the Department of Trans-
portation, the grant recipient shall include in the 
periodic reports information tracking— 
(A) the amount of Federal funds appro-
priated, allocated, obligated, and outlayed under 
the appropriation; 
(B) the number of projects that have been 
put out to bid under the appropriation and the 
amount of Federal funds associated with such 
projects; 
(C) the number of projects for which con-
tracts have been awarded under the appropria-
tion and the amount of Federal funds associated 
with such contracts;
(D) the number of projects for which work 
has begun under such contracts and the amount 
of Federal funds associated with such contracts; 
(E) the number of projects for which work 
has been completed under such contracts and the 
amount of Federal funds associated with such 
contracts; and 
(F) the number of direct, on-project jobs cre-
ated or sustained by the Federal funds provided 
for projects under the appropriation and, to the 
extent possible, the estimated indirect jobs cre-
ated or sustained in the associated supplying in-
dustries, including the number of job-years cre-
ated and the total increase in employment since 
the date of enactment of this Act. 
(3) TIMING OF REPORTS.—Each grant recipient 
shall submit the first of the periodic reports required 
under this subsection not later than 1 year after the 
date of enactment of the American Recovery and Re-
investment Act of 2009 and shall submit updated re-
ports not later than 15 months, 18 months, 2 years, 
3 years, and 4 years after such date of enactment. 
(d) DEFINITIONS.—In this section, the following defi-
nitions apply:
(1) COVERED AGENCY.—The term ‘‘covered agen-
cy’’ means the Federal Aviation Administration, the 
Federal Highway Administration, the Federal Rail-
road Administration, the Federal Transit Adminis-
tration, and the Maritime Administration of the De-
partment of Transportation. 
(2) COVERED
PROGRAM.—The term ‘‘covered 
program’’ means funds appropriated in this Act for 
‘‘Grants-in-Aid for Airports’’ to the Federal Aviation 
Administration; for ‘‘Highway Infrastructure Invest-
ment’’ to the Federal Highway Administration; for 
‘‘Capital Grants to the National Railroad Passenger 
Corporation’’ to the Federal Railroad Administration; 
for ‘‘Transit Capital Assistance’’, ‘‘Fixed Guideway 
Infrastructure Investment’’, and ‘‘Capital Investment 
Grants’’ to the Federal Transit Administration; and 
for ‘‘Maritime Guaranteed Loan (Title XI) Program 
Account’’ to the Maritime Administration. 
(3) GRANT RECIPIENT.—The term ‘‘grant recipi-
ent’’ means a State or other recipient of assistance 
provided under a covered program in this Act. Such 
term does not include a Federal department or agen-
cy.
(e) EXEMPTION.—Notwithstanding any other provi-
sion of law, sections 3501–3521 of title 44, United States 
Code, shall not apply to the provisions of this section. 
DEPARTMENT OF HOUSING AND URBAN 
DEVELOPMENT 
PUBLIC AND INDIAN HOUSING 
PUBLIC HOUSING CAPITAL FUND 
For an additional amount for the ‘‘Public Housing 
Capital Fund’’ to carry out capital and management ac-
tivities for public housing agencies, as authorized under sec-
tion 9 of the United States Housing Act of 1937 (42 U.S.C. 
1437g) (in this heading referred to as the ‘‘Act’’), 
$1,000,000,000: Provided, That the Secretary of Housing 
and Urban Development shall make the funds provided 
under this heading available by competition for priority in-
vestments, including investments that leverage private sec-
tor funding or financing for renovations and energy con-
servation retrofit investments: Provided further, That the 
Secretary shall obligate the funds provided under this head-
ing by such competition within 60 days of the date of the 
enactment of this Act: Provided further, That in using the 
funds provided under this heading public housing authori-
ties shall give priority to capital projects that can award 
contracts based on bids within 120 days from the date that 
the funds are made available to the public housing authori-
ties: Provided further, That in using such funds provided 
under this heading public housing agencies shall give pri-
ority consideration to the rehabilitation of vacant rental 
units: Provided further, That in using such funds provided 
under this heading public housing agencies shall prioritize 
capital projects that are already underway or included in 
the 5-year capital fund plans required by section 5A of the 
Act (42 U.S.C. 1437c–1(a)): Provided further, That not-
withstanding any other provision of law, funds provided 
under this heading (1) may not be used for operating or 
rental assistance activities, and (2) shall not be subject to 
any restriction of funding to replacement housing uses: Pro-
vided further, That notwithstanding section 9(j) of the Act, 
public housing agencies shall obligate 50 percent of the 
funds provided under this heading within 180 days of the 
date on which such funds become available to the agency 
for obligation, and shall expend 100 percent of such funds 
within one year of the date on which such funds become 
available to the agency for obligation: Provided further, 
That if a public housing agency fails to comply with the 
180-day obligation requirement under the preceding pro-
viso, the Secretary shall recapture all funds provided under 
this heading awarded to the public housing agency that re-
main unobligated and reallocate such funds to agencies that 
are in compliance with such requirement: Provided further,
That in administering funds appropriated or otherwise 
made available under this heading, the Secretary may 
waive or specify alternative requirements for any provision 
of any statute or regulation in connection with the obliga-
tion by the Secretary or the use of such funds (except for 
requirements related to fair housing, nondiscrimination, 
labor standards, and the environment), upon a finding that 
such a waiver is necessary to expedite or facilitate the use 
of such funds: Provided further, That, in addition to waiv-
ers authorized under the preceding proviso, the Secretary 
may direct that requirements relating to the procurement 
of goods and services arising under State and local laws 
and regulations shall not apply to funds provided under 
this heading. 
COMMUNITY PLANNING AND DEVELOPMENT 
HOUSING TRUST FUND 
For the Housing Trust Fund established pursuant to 
section 1338 of the Federal Housing Enterprises Financial 
Safety and Soundness Act of 1992 (12 U.S.C. 4568), 
$1,065,000,000, for use under such section: Provided, That 
of the total amount provided under this heading, 
$65,000,000 shall be available to the Secretary of Housing 
and Urban Development only for incremental project-based 
voucher assistance or project-based rental assistance, to be 
allocated to States pursuant to the formula established
under such section 1338, to be used solely in conjunction 
with grant funds awarded under such section 1338. 
CHAPTER 7—GENERAL PROVISIONS, THIS TITLE 
TARP REDUCTION 
SEC. 1701. The limitation under section 115(a)(3) of 
the Emergency Economic Stabilization Act of 2008 (12 
U.S.C. 5225(a)(3)) in effect on the date of the enactment 
of this Act is decreased by $150,000,000,000. 
LIMIT ON FUNDS 
SEC. 1702. All funds provided under this title shall 
be subject to the requirements of section 1604 of division 
A of the American Recovery and Reinvestment Act of 2009 
(Public Law 111–5). 
RECOVERY ACT REPORTING REQUIREMENTS 
SEC. 1703. (a) Funds made available by this title shall 
be subject to the reporting, transparency, and oversight re-
quirements established by title XV of division A of the 
American Recovery and Reinvestment Act of 2009 (Public 
Law 111–5), on the same basis as funds made available 
in division A of that Act. 
(b) Amounts appropriated in division A of the Amer-
ican Recovery and Reinvestment Act of 2009 (Public Law 
111–5) to any Office of Inspector General or to the Recovery 
Accountability and Transparency Board shall also be avail-
able for the same purposes with respect to any programs,
grants, projects, and activities for which funds are made 
available by this title. 
TITLE II—SURFACE TRANSPORTATION 
EXTENSION 
SHORT TITLE 
SEC. 2001. This title may be cited as the ‘‘Surface 
Transportation Extension Act of 2009’’. 
FEDERAL-AID HIGHWAYS 
SEC. 2002. (a) IN GENERAL.— 
(1) APPLICABILITY OF PROVISIONS.—Except as 
provided in this title, requirements, authorities, con-
ditions, eligibilities, limitations, and other provisions 
authorized under titles I, V, and VI of SAFETEA– 
LU (119 Stat. 1144), the SAFETEA–LU Technical 
Corrections Act of 2008 (122 Stat. 1572), titles I and 
VI of the Intermodal Surface Transportation Effi-
ciency Act of 1991 (105 Stat. 1914), titles I and V 
of the Transportation Equity Act for the 21st Century 
(112 Stat. 107), and title 23, United States Code (ex-
cluding chapter 4 of that title), which would otherwise 
expire on or cease to apply after September 30, 2009, 
or the date specified in section 106(3) of the Con-
tinuing Appropriations Resolution, 2010 (Public Law 
111–68), are incorporated by reference and shall con-
tinue in effect through September 30, 2010.
(2) AUTHORIZATION OF APPROPRIATIONS.—Ex-
cept as provided in subsection (b), there are author-
ized to be appropriated out of the Highway Trust 
Fund (other than the Mass Transit Account) for fiscal 
year 2010 an amount equal to the sum of the 
amounts authorized to be appropriated out of the 
Highway Trust Fund (other than the Mass Transit 
Account) for programs, projects, and activities for fis-
cal year 2009 under titles I, V, and VI of 
SAFETEA–LU (119 Stat. 1144) and title 23, United 
States Code (excluding administrative expenses under 
section 104(a) and programs, projects, and activities 
under chapter 4 of that title), minus $1,394,358,419. 
(3) USE OF FUNDS.— 
(A) FISCAL YEAR 2010.—Except as otherwise 
expressly provided in this title, funds authorized 
to be appropriated under paragraph (2) for fis-
cal year 2010 shall be distributed, administered, 
limited, and made available for obligation in the 
same manner as the total amount of funds au-
thorized to be appropriated out of the Highway 
Trust Fund (other than the Mass Transit Ac-
count) for fiscal year 2009 to carry out pro-
grams, projects, activities, eligibilities, and re-
quirements under SAFETEA–LU (119 Stat.
1144), the SAFETEA–LU Technical Corrections 
Act of 2008 (122 Stat. 1572), titles I and VI of 
the Intermodal Surface Transportation Effi-
ciency Act of 1991 (105 Stat. 1914), titles I and 
V of the Transportation Equity Act for the 21st 
Century (112 Stat. 107), and title 23, United 
States Code (excluding chapter 4 of that title). 
(B) CALCULATION.—The amounts author-
ized to be appropriated under paragraph (2) 
shall be calculated without regard to any rescis-
sion or cancellation of funds or contract author-
ity for fiscal year 2009 under SAFETEA–LU 
(119 Stat. 1144) or any other law. 
(C) DISTRIBUTION BETWEEN PROGRAMS.— 
Funds authorized to be appropriated under 
paragraph (2) shall be distributed under sub-
paragraph (A) among programs, projects, and 
activities referenced in such subparagraph in the 
ratio that— 
(i) the amount authorized to be appro-
priated out of the Highway Trust Fund 
(other than the Mass Transit Account) for 
such program, project, or activity for fiscal 
year 2009; bear to
(ii) the amount authorized to be appro-
priated out of the Highway Trust Fund 
(other than the Mass Transit Account) for 
all such programs, projects, and activities 
for fiscal year 2009. 
(D) CONTRACT AUTHORITY.— 
(i) IN GENERAL.—Except as provided 
in clause (ii), funds authorized to be appro-
priated under this subsection shall be avail-
able for obligation in the same manner as 
if such funds were apportioned under chap-
ter 1 of title 23, United States Code, and 
subject to a limitation on obligations for 
Federal-aid highways and highway safety 
construction programs included in an Act 
making appropriations for fiscal year 2010. 
(ii) EXCEPTIONS.— 
(I) IN GENERAL.—A limitation on 
obligations described in clause (i) shall 
not apply to any obligation under— 
(aa) section 125 of title 23, 
United States Code; or 
(bb) section 105 of title 23, 
United States Code, but only in 
an amount equal to $639,000,000.
(II) SPECIAL RULES.—Except as 
otherwise expressly provided by this 
title, any special rule that applied in 
fiscal year 2009 to any program, 
project, or activity for which funds are 
authorized to be appropriated under 
paragraph (2) shall continue to apply 
through September 30, 2010. 
(4) EXTENSION AND FLEXIBILITY FOR CERTAIN 
ALLOCATED PROGRAMS.— 
(A) FISCAL YEAR 2010.— 
(i) 
IN
GENERAL.—Notwithstanding 
any other provision of law, for fiscal year 
2010, the portion of the share of funds of a 
State under paragraph (2) determined by 
the amount that the State received or was 
authorized to receive for fiscal year 2009 to 
carry out sections 1307, 1702, and 1934 of 
SAFETEA–LU (119 Stat. 1217, 1256, and 
1485) and section 144(f)(1) of title 23, 
United States Code, shall be— 
(I) made available to the State for 
programs specified in section 105(a)(2) 
of title 23, United States Code (except 
the high priority projects program),
and in the same proportion for each 
such program that— 
(aa) the amount apportioned 
to the State for that program for 
fiscal year 2009; bears to 
(bb) the amount apportioned 
to the State for fiscal year 2009 
for all such programs; and 
(II) administered in the same 
manner and with the same period of 
availability as such funding is admin-
istered under programs identified in 
clause (i), except that no funds may be 
used to carry out the project described 
in section 1307(d)(1) of SAFETEA– 
LU (119 Stat. 1217; 122 Stat. 1577). 
(ii) 
TERRITORIES
AND
PUERTO 
RICO.— 
(I) 
IN
GENERAL.—Notwith-
standing any other provision of law, 
the portion of the share of funds of a 
territory or Puerto Rico under para-
graph (2) determined by the amount 
that the territory or Puerto Rico re-
ceived or was authorized to receive for
fiscal year 2009 to carry out section 
1934 of SAFETEA–LU (119 Stat. 
1485), shall be— 
(aa) for a territory, made 
available and administered in the 
same manner as funding is made 
available and administered under 
section 215 of title 23, United 
States Code; and 
(bb) 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. 
(II) 
TERRITORY
DEFINED.—In 
this clause, the term ‘‘territory’’ means 
any of the following territories of the 
United States: American Samoa, the 
Commonwealth of the Northern Mar-
iana Islands, Guam, or the United 
States Virgin Islands. 
(B) ADDITIONAL FUNDS.— 
(i) IN GENERAL.—No additional funds 
shall be provided for any project or activity
under paragraph (3)(A) that the Secretary 
of Transportation determines was suffi-
ciently funded before or during fiscal year 
2009 to achieve the authorized purpose of 
the project or activity. 
(ii) RESERVATION
AND
REDISTRIBU-
TION AMONG STATES.— 
(I) IN
GENERAL.—Funds made 
available in accordance with para-
graph (3)(A) for a project or activity 
described in clause (i) shall be— 
(aa) reserved by the Sec-
retary of Transportation; and 
(bb) apportioned among all 
States such that each State’s share 
of funds so apportioned is equal to 
the State’s share for fiscal year 
2009 of funds apportioned or allo-
cated for the programs specified 
in subclause (II). 
(II) SPECIFIC
PROGRAMS.—The 
programs referred to in subclause (I) 
are—
(aa) the programs listed in 
section 105(a)(2) of title 23, 
United States Code; 
(bb) the program authorized 
by section 144(f)(1) of such title; 
and 
(cc) the program authorized 
by section 1934 of SAFETEA–LU 
(119 Stat. 1485). 
(iii) 
DISTRIBUTION
AMONG
PRO-
GRAMS.—Funds apportioned to a State 
pursuant to clause (ii) shall be— 
(I) made available to the State for 
programs specified in section 105(a)(2) 
of title 23, United States Code (except 
the high priority projects program), 
and in the same proportion for each 
such program that— 
(aa) the amount apportioned 
to the State for that program for 
fiscal year 2009; bears to 
(bb) the amount apportioned 
to the State for fiscal year 2009 
for all such programs; and
(II) administered in the same 
manner and with the same period of 
availability as such funding is admin-
istered under programs identified in 
subclause (I). 
(C) COMPETITIVE
DISTRIBUTION
OF
CER-
TAIN DISCRETIONARY FUNDS.— 
(i) PROJECTS OF NATIONAL AND RE-
GIONAL
SIGNIFICANCE.—Notwithstanding 
section 1301(m) of SAFETEA–LU (119 
Stat. 1202), the Secretary shall allocate 
funds authorized to be appropriated under 
paragraph (2) for the projects of national 
and regional significance program on the 
basis of a competitive selection process in 
accordance with sections 1301(d), 1301(e), 
and 1301(f) of that Act (119 Stat. 1199). 
(ii) NATIONAL CORRIDOR INFRASTRUC-
TURE
IMPROVEMENT
PROGRAM.—Notwith-
standing section 1302(e) of SAFETEA–LU 
(119 Stat. 1205), the Secretary shall allo-
cate funds authorized to be appropriated 
under paragraph (2) for the national cor-
ridor infrastructure improvement program 
on the basis of a competitive selection proc-
ess in accordance with section 1302(b) of 
that Act (119 Stat. 1204). 
(5) EXTENSION
OF
AUTHORIZATIONS
UNDER 
TITLE V OF SAFETEA–LU.— 
(A) IN GENERAL.—The programs authorized 
under paragraphs (1) through (5) of section 
5101(a) of SAFETEA–LU (119 Stat. 1779) shall 
be continued for fiscal year 2010 at the funding 
levels authorized for those programs for fiscal 
year 2009. 
(B) DISTRIBUTION OF FUNDS.—Funds for 
programs continued under subparagraph (A) 
shall be distributed to major program areas 
under those programs in the same proportions as 
funds were allocated for those program areas for 
fiscal year 2009, except that designations for spe-
cific activities shall not be required to be contin-
ued for fiscal year 2010. 
(C) ADDITIONAL FUNDS.— 
(i) IN GENERAL.—No additional funds 
shall be provided for any project or activity 
under this paragraph that the Secretary of 
Transportation determines was sufficiently 
funded before or during fiscal year 2009 to
achieve the authorized purpose of the project 
or activity. 
(ii) DISTRIBUTION.—Funds that would 
have been made available under subpara-
graph (A) for a project or activity but for 
the prohibition under clause (i) shall be dis-
tributed in accordance with subparagraph 
(B). 
(b) ADMINISTRATIVE EXPENSES.— 
(1) AUTHORIZATION
OF
CONTRACT
AUTHOR-
ITY.—Notwithstanding any other provision of this 
title or any other law, there is authorized to be appro-
priated from the Highway Trust Fund (other than 
the Mass Transit Account), $420,562,000 for adminis-
trative expenses of the Federal-aid highway program 
for fiscal year 2010. 
(2) CONTRACT AUTHORITY.—Funds authorized to 
be appropriated by this subsection shall be— 
(A) available for obligation, and shall be 
administered, in the same manner as if such 
funds were apportioned under chapter 1 of title 
23, United States Code, except that such funds 
shall remain available until expended; 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. 
(c) RECONCILIATION OF FUNDS.—The Secretary shall 
reduce the amount apportioned or allocated for a program, 
project, or activity continued under this section by any 
amount apportioned or allocated for such program, project, 
or activity pursuant to the Continuing Appropriations Res-
olution, 2010 (Public Law 111–68). 
(d) REFERENCES.—Except as otherwise expressly pro-
vided, any reference in this section to an Act, or a provision 
contained in an Act, shall be considered to include the 
amendments made by that Act or provision. 
EXTENSION OF HIGHWAY SAFETY PROGRAMS OF NATIONAL 
HIGHWAY TRAFFIC SAFETY ADMINISTRATION 
SEC. 2003. (a) CHAPTER 4 HIGHWAY SAFETY PRO-
GRAMS.—Section 2001(a)(1) of SAFETEA–LU (119 Stat. 
1519) is amended— 
(1) by striking ‘‘and’’; and 
(2) by inserting after ‘‘2009’’ the following: ‘‘, 
and $235,000,000 for fiscal year 2010’’. 
(b) HIGHWAY SAFETY RESEARCH
AND DEVELOP-
MENT.—Section 2001(a)(2) of such Act (119 Stat. 1519) is 
amended— 
(1) by striking ‘‘and’’; and 
(2) by inserting after ‘‘2009’’ the following: ‘‘, 
and $105,500,000 for fiscal year 2010’’.
(c) OCCUPANT PROTECTION INCENTIVE GRANTS.— 
(1) EXTENSION OF PROGRAM.—Section 405 of 
title 23, United States Code, is amended— 
(A) in subsection (a)(3) by striking ‘‘6’’ and 
inserting ‘‘7’’; and 
(B) in subsection (a)(4)(C) by striking ‘‘in 
each of the fifth and sixth fiscal years beginning 
after September 30, 2003,’’ and inserting ‘‘in 
each subsequent fiscal year’’. 
(2) AUTHORIZATION OF APPROPRIATIONS.—Sec-
tion 2001(a)(3) of such Act (119 Stat. 1519) is 
amended— 
(A) by striking ‘‘and’’; and 
(B) by inserting after ‘‘2009’’ the following: 
‘‘, and $25,000,000 for fiscal year 2010’’. 
(d) SAFETY BELT PERFORMANCE GRANTS.— 
(1) EXTENSION OF PROGRAM.—Section 406(c)(1) 
of title 23, United States Code, is amended by strik-
ing ‘‘2009’’ and inserting ‘‘2010’’. 
(2) AUTHORIZATION OF APPROPRIATIONS.—Sec-
tion 2001(a)(4) of such Act (119 Stat. 1519) is 
amended— 
(A) by striking ‘‘and’’; and 
(B) by inserting after ‘‘2009’’ the following: 
‘‘, and $124,500,000 for fiscal year 2010’’.
(e) STATE TRAFFIC SAFETY INFORMATION SYSTEM IM-
PROVEMENTS.—Section 2001(a)(5) of such Act (119 Stat. 
1519) is amended— 
(1) by striking ‘‘and’’; and 
(2) by inserting after ‘‘2009’’ the following: ‘‘, 
and $34,500,000 for fiscal year 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 ‘‘in 
each of the fifth, sixth, seventh, and eighth fiscal 
years’’ and inserting ‘‘in each subsequent fiscal 
year’’; and 
(B) in subsection (b)(2)(C) by striking ‘‘and 
2009’’ and inserting ‘‘, 2009, and 2010’’. 
(2) AUTHORIZATION OF APPROPRIATIONS.—Sec-
tion 2001(a)(6) of such Act (119 Stat. 1519) is 
amended— 
(A) by striking ‘‘and’’; and 
(B) by inserting after ‘‘2009’’ the following: 
‘‘, and $139,000,000 for fiscal year 2010’’. 
(g) 
NATIONAL
DRIVER
REGISTER.—Section 
2001(a)(7) of such Act (119 Stat. 1520) is amended— 
(1) by striking ‘‘and’’; and
(2) by inserting after ‘‘2009’’ the following: ‘‘, 
and $4,000,000 for fiscal year 2010’’. 
(h) HIGH VISIBILITY ENFORCEMENT PROGRAM.— 
(1) EXTENSION OF PROGRAM.—Section 2009(a) 
of such Act (23 U.S.C. 402 note; 119 Stat. 1535) is 
amended by striking ‘‘2009’’ and inserting ‘‘2010’’. 
(2) AUTHORIZATION OF APPROPRIATIONS.—Sec-
tion 2001(a)(8) of such Act (119 Stat. 1520) is 
amended— 
(A) by striking ‘‘and’’; and 
(B) by inserting after ‘‘2009’’ the second 
place 
it 
appears 
the 
following: 
‘‘, 
and 
$29,000,000 for fiscal year 2010’’. 
(i) MOTORCYCLIST SAFETY.— 
(1) 
EXTENSION
OF
PROGRAM.—Section 
2010(d)(1)(B) of such Act (23 U.S.C. 402 note; 119 
Stat. 1536) is amended by striking ‘‘and fourth’’ and 
inserting ‘‘fourth, and fifth’’. 
(2) AUTHORIZATION OF APPROPRIATIONS.—Sec-
tion 2001(a)(9) of such Act (119 Stat. 1520) is 
amended— 
(A) by striking ‘‘and’’; and 
(B) by inserting after ‘‘2009’’ the following: 
‘‘, and $7,000,000 for fiscal year 2010’’.
(j) CHILD SAFETY AND CHILD BOOSTER SEAT SAFETY 
INCENTIVE GRANTS.— 
(1) 
EXTENSION
OF
PROGRAM.—Section 
2011(c)(2) of such Act (23 U.S.C. 405 note; 119 Stat. 
1538) is amended by striking ‘‘fourth fiscal year’’ and 
inserting ‘‘fourth and fifth fiscal years’’. 
(2) AUTHORIZATION OF APPROPRIATIONS.—Sec-
tion 2001(a)(10) of such Act (119 Stat. 1520) is 
amended— 
(A) by striking ‘‘and’’; and 
(B) by inserting after ‘‘2009’’ the following: 
‘‘, and $7,000,000 for fiscal year 2010’’. 
(k) ADMINISTRATIVE EXPENSES.—Section 2001(a)(11) 
of such Act (119 Stat. 1520) is amended— 
(1) by striking ‘‘and’’ the last place it appears; 
and 
(2) by inserting after ‘‘2009’’ the following: ‘‘, 
and $18,500,000 for fiscal year 2010’’. 
(l) APPLICABILITY OF TITLE 23.—Section 2001(c) of 
such Act (119 Stat. 1520) is amended by striking ‘‘2009’’ 
and inserting ‘‘2010’’. 
(m) DRUG-IMPAIRED DRIVING ENFORCEMENT.—Sec-
tion 2013(f) of such Act (23 U.S.C. 403 note; 119 Stat. 
1540) is amended by striking ‘‘2009’’ and inserting ‘‘2010’’.
(n) OLDER DRIVER SAFETY; LAW ENFORCEMENT 
TRAINING.—Section 2017 of such Act (23 U.S.C. 402 note; 
119 Stat. 1541) is amended— 
(1) in subsection (a)(1) by striking ‘‘2009’’ and 
inserting ‘‘2010’’; and 
(2) in subsection (b)(2) by striking ‘‘2009’’ and 
inserting ‘‘2010’’. 
EXTENSION OF FEDERAL MOTOR CARRIER SAFETY 
ADMINISTRATION PROGRAMS 
SEC. 2004. (a) MOTOR CARRIER SAFETY GRANTS.— 
Section 31104(a) of title 49, United States Code, is amend-
ed— 
(1) by striking ‘‘and’’ at the end of paragraph 
(4); 
(2) by striking the period at the end of para-
graph (5) and inserting ‘‘; and’’; and 
(3) by adding at the end the following: 
‘‘(6) $212,070,000 for fiscal year 2010.’’. 
(b) ADMINISTRATIVE EXPENSES.—Section 31104(i)(1) 
of title 49, United States Code, is amended— 
(1) by striking ‘‘and’’ at the end of subpara-
graph (D); 
(2) by striking the period at the end of subpara-
graph (E) and inserting ‘‘; and’’; and 
(3) by adding at the end the following: 
‘‘(F) $239,828,000 for fiscal year 2010.’’.
(c) HIGH PRIORITY ACTIVITIES.—Section 31104(k)(2) 
of title 49, United States Code, is amended by striking 
‘‘2009’’ and inserting ‘‘2010’’. 
(d) 
GRANT
PROGRAMS.—Section 
4101(c) 
of 
SAFETEA–LU (119 Stat. 1715) is amended— 
(1) in paragraph (1) by striking ‘‘2009’’ and in-
serting ‘‘2010’’; 
(2) in paragraph (2) by striking ‘‘and 2009’’ 
and inserting ‘‘2009, and 2010’’; 
(3) in paragraph (3) by striking ‘‘and 2009’’ 
and inserting ‘‘2009, and 2010’’; 
(4) in paragraph (4) by striking ‘‘2009’’ and in-
serting ‘‘2010’’; and 
(5) in paragraph (5) by striking ‘‘2009’’ and in-
serting ‘‘2010’’. 
(e) COMMERCIAL DRIVER’S LICENSE INFORMATION 
SYSTEM MODERNIZATION.—Section 4123(d) of SAFETEA– 
LU (119 Stat. 1736) is amended— 
(1) by striking ‘‘and’’ at the end of paragraph 
(3); 
(2) by striking the period at the end of para-
graph (4) and inserting ‘‘; and’’; and 
(3) by adding at the end the following: 
‘‘(5) $8,000,000 for fiscal year 2010.’’.
(f) OUTREACH AND EDUCATION.—Section 4127(e) of 
such Act (119 Stat. 1741) is amended by striking ‘‘and 
2009’’ and inserting ‘‘2009, and 2010’’. 
(g) GRANT PROGRAM FOR COMMERCIAL MOTOR VEHI-
CLE OPERATORS.—Section 4134(c) of such Act (119 Stat. 
1744) is amended by striking ‘‘2009’’ and inserting ‘‘2010’’. 
(h) WORKING GROUP FOR DEVELOPMENT OF PRAC-
TICES AND PROCEDURES TO ENHANCE FEDERAL-STATE 
RELATIONS.—Section 4213(d) of such Act (119 Stat. 1759) 
is amended by striking ‘‘2009’’ and inserting ‘‘2010’’. 
(i) OFFICE OF INTERMODALISM.—Section 5503(i) of 
title 49, United States Code, is amended by striking ‘‘2009’’ 
and inserting ‘‘2010’’. 
EXTENSION OF FEDERAL TRANSIT ASSISTANCE PROGRAMS 
SEC. 2005. (a) EXTENSION OF TRANSIT PROGRAMS.— 
Except as otherwise provided in this title, requirements, au-
thorities, conditions, eligibilities, limitations, and other 
provisions authorized under title III of SAFETEA–LU 
(119 Stat. 1544), the SAFETEA–LU Technical Corrections 
Act of 2008 (122 Stat. 1572), title III of the Intermodal 
Surface Transportation Efficiency Act of 1991 (105 Stat. 
2087), title III of the Transportation Equity Act for the 
21st Century (112 Stat. 338), and chapter 53 of title 49, 
United States Code, which would otherwise expire on or 
cease to apply after September 30, 2009, or the date speci-
fied in section 106(3) of the Continuing Appropriations
Resolution, 2010 (Public Law 111–68), are incorporated by 
reference and shall continue in effect through September 30, 
2010. 
(b) AUTHORIZATIONS.—For fiscal year 2010— 
(1) there shall be available from the Mass Tran-
sit 
Account 
of 
the 
Highway 
Trust 
Fund 
$8,343,171,000 for each Federal transit assistance 
program under section 5338(b) of title 49, United 
States Code, to be allocated among such programs in 
proportion to the amounts provided for each such pro-
gram in fiscal year 2009; and 
(2) there is authorized to be appropriated 
$2,164,581,000 for each Federal transit program 
under subsections (c) and (d) of section 5338 of title 
49, United States Code, and for administrative ex-
penses under subsection (e) of such section. 
(c) EXCEPTIONS.— 
(1) PROJECTS FOR BUS AND BUS-RELATED FA-
CILITIES AND CLEAN FUELS GRANT PROGRAM.—The 
project designations contained in section 3044 of 
SAFETEA–LU (119 Stat. 1652) shall not apply to 
funds made available under subsection (b)(1). 
(2) ALLOCATIONS FOR NATIONAL RESEARCH AND 
TECHNOLOGY PROGRAMS.—A program, project, or ac-
tivity identified in section 3046 of SAFETEA–LU
(119 Stat. 1706) that the Secretary of Transportation 
determines was sufficiently funded before or during 
fiscal year 2009 to achieve the authorized purpose of 
the program, project, or activity shall not be eligible 
for funds authorized to be appropriated under sub-
section (b)(2). 
(d) CONTRACT AUTHORITY.—A grant or contract ap-
proved by the Secretary and financed with amounts made 
available from the Mass Transit Account of the Highway 
Trust Fund through September 30, 2010, to carry out sec-
tions 5305, 5307, 5308, 5309, 5310, 5311, 5316, 5317, 5320, 
5335, 5339 and 5340 of title 49, United States Code, and 
section 3038 of the Transportation Equity Act for the 21st 
Century (49 U.S.C. 5310 note; 112 Stat. 392) is a contrac-
tual obligation of the Government to pay the Federal share 
of the cost of the project. 
(e) RECONCILIATION OF FUNDS.—The Secretary shall 
reduce the amount apportioned or allocated for a program, 
project, or activity continued under this section by any 
amount apportioned or allocated for such program, project, 
or activity pursuant to the Continuing Appropriation Reso-
lution, 2010 (Public Law 111–68). 
(f) REFERENCES.—Except as otherwise expressly pro-
vided, any reference in this section to an Act, or a provision
contained in an Act, shall be considered to include the 
amendments made by that Act or provision. 
BOATING SAFETY EXTENSION 
SEC. 2006. Section 4 of the Dingell-Johnson Sport 
Fish Restoration Act (16 U.S.C. 777c) is amended— 
(1) in subsection (a) by striking ‘‘2009, and the 
period from October 1, 2009, through the date speci-
fied in section 106(3) of the first Continuing Appro-
priations Resolution for Fiscal Year 2010 enacted 
into law,’’ and inserting ‘‘2010,’’; and 
(2) in subsection (b)(1)(A) by striking ‘‘2009 and 
the period from October 1, 2009, through the date 
specified in section 106(3) of the first Continuing Ap-
propriations Resolution for Fiscal Year 2010 enacted 
into law,’’ and inserting ‘‘2010,’’. 
LEVEL OF OBLIGATION LIMITATIONS 
SEC. 
2007. 
(a) 
HIGHWAY
CATEGORY.—Section 
8003(a) of SAFETEA–LU (119 Stat. 1917) is amended— 
(1) by striking ‘‘and’’ at the end of paragraph 
(4); 
(2) by striking the period at the end of para-
graph (5) and inserting ‘‘; and’’; and 
(3) by adding at the end the following: 
‘‘(6) for fiscal year 2010, $42,469,970,178.’’. 
(b) MASS TRANSIT CATEGORY.—Section 8003(b) of 
SAFETEA–LU (119 Stat. 1917) is amended—
(1) by striking ‘‘and’’ at the end of paragraph 
(4); 
(2) by striking the period at the end of para-
graph (5) and inserting ‘‘; and’’; and 
(3) by inserting after paragraph (5) the fol-
lowing: 
‘‘(6) for fiscal year 2010, $10,338,065,000.’’. 
HAZARDOUS MATERIALS RESEARCH 
SEC. 2008. Section 7131(c) of SAFETEA–LU (119 
Stat. 1910) is amended by striking ‘‘2009’’ and inserting 
‘‘2010’’. 
EXTENSION AND EXPANSION OF EXPENDITURE AUTHORITY 
FROM TRUST FUNDS 
SEC. 2009. (a) HIGHWAY TRUST FUND.— 
(1) HIGHWAY ACCOUNT.—Paragraph (1) of sec-
tion 9503(c) of the Internal Revenue Code of 1986 is 
amended— 
(A) by striking ‘‘September 30, 2009 (Octo-
ber 1, 2009’’ and inserting ‘‘September 30, 2010 
(October 1, 2010’’, and 
(B) by striking ‘‘under’’ and all that follows 
and inserting ‘‘under the Surface Transportation 
Extension Act of 2009 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) of such Code is amended— 
(A) by striking ‘‘October 1, 2009’’ and in-
serting ‘‘October 1, 2010’’, and 
(B) by striking ‘‘in accordance with’’ and 
all that follows and inserting ‘‘in accordance 
with the Surface Transportation Extension Act 
of 2009 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) of 
such Code is amended by striking ‘‘September 30, 
2009 (October 1, 2009’’ and inserting ‘‘September 30, 
2010 (October 1, 2010’’. 
(b) SPORT FISH RESTORATION AND BOATING TRUST 
FUND.— 
(1) IN
GENERAL.—Paragraph (2) of section 
9504(b) of such Code 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 2009),’’, 
(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 2009), 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 2009).’’. 
(2) EXCEPTION
TO
LIMITATION
ON
TRANS-
FERS.—Paragraph (2) of section 9504(d) of such Code 
is amended by striking ‘‘October 1, 2009’’ and insert-
ing ‘‘October 1, 2010’’. 
(c) EFFECTIVE DATE.—The amendments made by this 
section shall take effect on September 30, 2009. 
DETERMINATION OF HIGHWAY TRUST FUND BALANCES 
SEC. 2010. (a) RESTORATION OF CERTAIN FOREGONE 
INTEREST TO HIGHWAY TRUST FUND.—Subsection (f) of 
section 9503 of the Internal Revenue Code of 1986 (relating 
to determination of trust fund balances after September 30, 
1998) is amended— 
(1) by striking paragraph (2); and
(2) by adding at the end the following new para-
graph: 
‘‘(2) RESTORATION OF FOREGONE INTEREST.— 
Out of money in the Treasury not otherwise appro-
priated, there is hereby appropriated (without fiscal 
year limitation)— 
‘‘(A) $14,700,000,000 to the Highway Ac-
count (as defined in subsection (e)(5)(B)) of the 
Highway Trust Fund, and 
‘‘(B) $4,800,000,000 to the Mass Transit 
Account of the Highway Trust Fund.’’. 
(b) REPEAL OF PROVISION PROHIBITING CREDITING 
OF INTEREST TO HIGHWAY TRUST FUND.— 
(1) IN
GENERAL.—Paragraph (1) of section 
9503(f) of such Code is amended by striking subpara-
graph (B). 
(2) CONFORMING
AMENDMENTS.—Such para-
graph, as amended by paragraph (1), is further 
amended— 
(A) by striking ‘‘, and’’ at the end of sub-
paragraph (A) and inserting a period, and 
(B) by striking ‘‘1998’’ in the matter pre-
ceding subparagraph (A) and all that follows 
through ‘‘the opening balance’’ and inserting 
‘‘1998, the opening balance’’.
(c) EFFECTIVE DATE.—The amendments made by this 
section shall take effect on the date of the enactment of this 
Act. 
REPEAL OF TRANSFERS FROM HIGHWAY TRUST FUND FOR 
REPAYMENTS AND CREDITS 
SEC. 2011. (a) IN GENERAL.—Subsection (c) of section 
9503 of the Internal Revenue Code of 1986 is amended by 
striking paragraph (2) and by redesignating paragraphs 
(3), (4), (5), and (6) as paragraphs (2), (3), (4), and (5). 
(b) CONFORMING AMENDMENTS.— 
(1) Section 9502(a) of such Code is amended by 
striking ‘‘section 9503(c)(7)’’ and inserting ‘‘section 
9503(c)(5)’’. 
(2) Section 9503(b)(4)(D) of such Code is 
amended by striking ‘‘paragraph (4)(D) or (5)(B)’’ 
and inserting ‘‘paragraph (3)(D) or (4)(B)’’. 
(3) Section 9503(c)(2) of such Code, as redesig-
nated by subsection (a), is amended by adding at the 
end the following sentence: ‘‘The amounts payable 
from the Highway Trust Fund under the preceding 
sentence shall be determined by taking into account 
only the portion of the taxes which are deposited into 
the Highway Trust Fund.’’. 
(4) Section 9503(e)(5)(A) of such Code is amend-
ed by striking ‘‘paragraphs (2), (3), and (4)’’ and in-
serting ‘‘paragraphs (2) and (3)’’.
(5) Section 9504(a) of such Code is amended by 
striking ‘‘section 9503(c)(4), section 9503(c)(5)’’ and 
inserting ‘‘section 9503(c)(3), section 9503(c)(4)’’. 
(6) Section 9504(b)(2) of such Code is amended 
by striking ‘‘section 9503(c)(5)’’ and inserting ‘‘sec-
tion 9503(c)(4)’’. 
(7) Section 9504(e) of such Code is amended by 
striking ‘‘section 9503(c)(4)’’ and inserting ‘‘section 
9503(c)(3)’’. 
(c) EFFECTIVE DATE.—The amendments made by this 
section shall apply to amounts paid, and credits allowed 
with respect to fuel used, in calendar quarters beginning 
after the date of the enactment of this Act. 
FEDERAL SHARE 
SEC. 2012. (a) IN GENERAL.—Notwithstanding any 
other provision of law, the Federal share of the cost of a 
covered project or activity (or portion of a covered project 
or activity) funded with amounts obligated during the pe-
riod beginning on the date of enactment of this Act and 
ending on September 30, 2010, shall be, at the option of 
the recipient, up to 100 percent. 
(b) COVERED PROJECT OR ACTIVITY DEFINED.— 
(1) IN GENERAL.—In this section, the term ‘‘cov-
ered project or activity’’ means a project or activity 
eligible for assistance under titles I through VI of 
SAFETEA–LU (119 Stat. 1144), the SAFETEA–LU
Technical Corrections Act of 2008 (122 Stat. 1572), 
titles I through VI of the Intermodal Surface Trans-
portation Efficiency Act of 1991 (105 Stat. 1914), ti-
tles I through V of the Transportation Equity Act for 
the 21st Century (112 Stat. 107), title 23, United 
States Code, chapter 53 of title 49, United States 
Code, chapter 303 of title 49, United States Code, or 
part B of subtitle VI of title 49, United States Code. 
(2) EXCLUSIONS.—Notwithstanding paragraph 
(1), the term does not include a project or activity 
funded pursuant to— 
(A) section 1301 or 1302 of SAFETEA–LU 
(119 Stat. 1198, 1204); 
(B) section 5309(d) or 5309(e) of title 49, 
United States Code; 
(C) the national infrastructure investments 
program in the Office of the Secretary of Trans-
portation; or 
(D) section 122 of the Department of Trans-
portation Appropriations Act, 2010. 
(c) REFERENCES.—Any reference in this section to an 
Act, or a provision contained in an Act, shall be considered 
to include the amendments made by that Act or provision.
BUY AMERICA REQUIREMENTS FOR HIGHWAY AND PUBLIC 
TRANSPORTATION PROJECTS 
SEC. 2013. (a) HIGHWAYS.—Section 313 of title 23, 
United States Code, is amended— 
(1) by redesignating subsections (c) through (f) 
as subsections (e) through (h), respectively; 
(2) by inserting after subsection (b) the fol-
lowing: 
‘‘(c) REQUIREMENTS FOR ISSUANCE OF WAIVERS.— 
‘‘(1) PUBLIC INTEREST WAIVERS.—The Secretary 
may issue a waiver under subsection (b)(1) only after 
the Secretary has considered the potential impacts of 
the waiver on domestic manufacturing employment. 
‘‘(2) INSUFFICIENT
DOMESTIC
SOURCE
WAIV-
ERS.—The Secretary may issue a waiver under sub-
section (b)(2) with respect to a material or product 
only if the Secretary publishes notice of the waiver on 
the Internet for a period of at least 5 business days 
prior to issuance of the waiver and a sufficient do-
mestic source of the material or product does not 
identify itself during the period. 
‘‘(d) TRANSPARENCY OF WAIVERS.— 
‘‘(1) IN GENERAL.—When the Secretary receives 
a written request for a waiver under this section, the 
Secretary shall—
‘‘(A) publish the request on the Internet 
within 5 business days of the date of receipt of 
the request; and 
‘‘(B) if the Secretary decides to issue a 
waiver based on the request, publish on the Inter-
net, within 30 days following the date of 
issuance of the waiver, a detailed written jus-
tification as to why the waiver is necessary, in-
cluding an identification of the amount of Fed-
eral funds associated with the waiver. 
‘‘(2) EMPLOYMENT
IMPACT
STATEMENT.—In 
issuing a waiver based on a finding under subsection 
(b)(1), the Secretary shall include, as part of the Sec-
retary’s written justification for the waiver decision, 
a statement detailing the short- and long-term impact 
of the decision on domestic manufacturing employ-
ment.’’; and 
(3) by adding at the end the following: 
‘‘(i) APPLICATION TO BRIDGE PROJECTS.—In the case 
of a bridge project, the requirements of this section apply 
to all construction contracts carried out within the scope 
of the applicable decision under the National Environ-
mental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and 
carried out on the bridge from abutment to abutment (in-
cluding the abutments) regardless of the funding source of
the contracts if at least one contract for construction with 
respect to the bridge is funded with amounts made available 
under this title.’’. 
(b) PUBLIC TRANSPORTATION.—Section 5323(j) of 
title 49, United States Code, is amended— 
(1) in paragraph (2)(C) in the matter preceding 
clause (i) by inserting ‘‘, but excluding a rolling stock 
prototype’’ after ‘‘equipment’’; 
(2) by redesignating paragraphs (3) through (9) 
as paragraphs (5) through (11), respectively; and 
(3) by inserting after paragraph (2) the fol-
lowing: 
‘‘(3) REQUIREMENTS
FOR
ISSUANCE
OF
WAIV-
ER.— 
‘‘(A) PUBLIC INTEREST WAIVERS.—The Sec-
retary may issue a waiver under paragraph 
(2)(A) only after the Secretary has considered 
the potential impacts of the waiver on domestic 
manufacturing employment. 
‘‘(B) 
INSUFFICIENT
DOMESTIC
SOURCE 
WAIVERS.—The Secretary may issue a waiver 
under paragraph (2)(B) with respect to a mate-
rial or product only if the Secretary publishes 
notice of the waiver on the Internet for a period 
of at least 5 business days prior to issuance of
the waiver and a sufficient domestic source of the 
material or product does not identify itself dur-
ing the period. 
‘‘(4) TRANSPARENCY OF WAIVERS.— 
‘‘(A) IN GENERAL.—When the Secretary re-
ceives a written request for a waiver under this 
subsection, the Secretary shall— 
‘‘(i) publish the request on the Internet 
within 5 business days of the date of receipt 
of the request; and 
‘‘(ii) if the Secretary decides to issue a 
waiver based on the request, publish on the 
Internet, within 30 days following the date 
of issuance of the waiver, a detailed written 
justification as to why the waiver is nec-
essary, including an identification of the 
amount of Federal funds associated with the 
waiver. 
‘‘(B) EMPLOYMENT IMPACT STATEMENT.— 
In issuing a waiver based on a finding under 
paragraph (2)(A), the Secretary shall include, as 
part of the Secretary’s written justification of the 
waiver decision, a statement detailing the short- 
and long-term impact of the decision on domestic 
manufacturing employment.’’.
(c) IMPLEMENTATION.— 
(1) FINAL GUIDANCE.—Not later than 120 days 
after the date of enactment of this Act, the Secretary 
shall issue final guidance to carry out the amend-
ments made by this section. 
(2) EFFECTIVE DATE.—The requirements of the 
amendments made by subsections (a) and (b) shall 
begin to apply only after issuance of final guidance 
by the Secretary under paragraph (1). 
(d) SEMIANNUAL REPORT.—Not later than 6 months 
after the date of enactment of this Act, and semiannually 
thereafter through September 30, 2011, the Comptroller 
General shall submit to the Committee on Transportation 
and Infrastructure and the Committee on Education and 
Labor of the House of Representatives and the Committee 
on Environment and Public Works, the Committee on 
Banking, Housing, and Urban Affairs, and the Committee 
on Health, Education, Labor, and Pensions of the Senate 
a report on the number of waivers issued by the Secretary 
of Transportation under section 313(b) of title 23, United 
States Code, and section 5323(j)(2) of title 49, United 
States Code, the reasons relied upon for issuing the waivers, 
and the amount of Federal funds associated with each waiv-
er and in total for the period examined.
TITLE III—UNEMPLOYMENT AND OTHER 
EMERGENCY NEEDS 
CHAPTER 1—AGRICULTURE AND RURAL 
DEVELOPMENT 
DEPARTMENT OF AGRICULTURE 
GENERAL PROVISION, THIS CHAPTER 
RELIEF FOR DISCRIMINATION IN A CREDIT PROGRAM OF 
THE
DEPARTMENT
OF
AGRICULTURE
UNDER
THE 
EQUAL CREDIT OPPORTUNITY ACT 
SEC. 3101. (a) IN GENERAL.—To the extent permitted 
by the Constitution, and notwithstanding any other period 
of limitations, in the case of an eligible complaint alleging 
discrimination in violation of the Equal Credit Oppor-
tunity Act (15 U.S.C. 1691) involving a credit program of 
the Department of Agriculture, a complainant may, before 
the end of the filing period— 
(1) file a civil action under subsection (c); or 
(2) request administrative review under sub-
section (d). 
(b) ELIGIBLE COMPLAINT.—For purposes of this sec-
tion, the term ‘‘eligible complaint’’ means any written com-
plaint— 
(1) that is not employment related;
(2) that was filed with the Department of Agri-
culture after December 31, 1997, and before the ear-
lier of— 
(A) 2 years after the date of the alleged vio-
lation of the Equal Credit Opportunity Act; and 
(B) the date of the enactment of this Act; 
and 
(3) with respect to which the complainant— 
(A) was not a party to the consent decree 
in the case entitled ‘‘Pigford v. Glickman’’, ap-
proved by the United States District Court for 
the District of Columbia on April 14, 1999; and 
(B) has not obtained relief from the Depart-
ment of Agriculture or a court of competent ju-
risdiction. 
(c) CIVIL ACTION.—A civil action may be filed under 
this subsection if, with respect to the eligible complaint, the 
complainant— 
(1) has not requested administrative review; or 
(2) has requested administrative review, and the 
Secretary, with respect to each request, has either— 
(A) issued a determination; or 
(B) failed to issue a determination by a 
date that is 180 days after the date such request 
was made.
(d) ADMINISTRATIVE REVIEW.—Administrative review 
may be requested under this subsection as follows: 
(1) DETERMINATION ON THE MERITS.—A com-
plainant may request a determination on the merits 
if the complainant, with respect to the eligible com-
plaint, has not filed a civil action. 
(2) HEARING ON THE RECORD.—A complainant 
may request a hearing on the record if the complain-
ant, with respect to the eligible complaint— 
(A) has not filed a civil action; 
(B) has requested a determination on the 
merits, and the Secretary has not issued such de-
termination by the issuance deadline in sub-
section (f)(2)(A); and 
(C) requests such hearing no later than 180 
days after the issuance deadline in subsection 
(f)(2)(A). 
(e) INFORMAL RESOLUTION.—Notwithstanding any 
other provision of this section, the Secretary may infor-
mally resolve an eligible complaint with a complainant. 
(f) SPECIAL RULES FOR ADMINISTRATIVE REVIEW.— 
For purposes of this section: 
(1) REQUESTS FOR ADMINISTRATIVE REVIEW.— 
A request for administrative review shall be— 
(A) in writing; and
(B) filed in accordance with procedures es-
tablished by the Secretary. 
(2) RESPONSIBILITY OF SECRETARY.—If a com-
plainant requests a determination on the merits 
under subsection (d)(1), then, unless a complainant, 
with respect to the eligible complaint, files a civil ac-
tion or requests a hearing on the record, the Secretary 
shall, with respect to the eligible complaint, take the 
following actions: 
(A) ISSUANCE
OF
DETERMINATION.—The 
Secretary shall, not later than an issuance dead-
line that is 1 year after the date on which the 
complainant requests a determination on the 
merits— 
(i) investigate the eligible complaint; 
and 
(ii) issue a written determination. 
(B) NOTICE OF FAILURE TO ISSUE TIMELY 
DETERMINATION.—If the Secretary does not issue 
a written determination by the issuance deadline 
in subparagraph (A), the Secretary shall 
promptly issue to the complainant, in writing 
and by registered mail, notice— 
(i) that the Secretary has not issued a 
timely determination; and
(ii) of the period of time during which 
the complainant may bring a civil action or 
request a hearing on the record. 
(3) FINALITY OF DETERMINATION WITH RESPECT 
TO HEARING ON THE RECORD.—A determination with 
respect to a hearing on the record shall be final. 
(4) JUDICIAL REVIEW OF ADMINISTRATIVE DE-
TERMINATION.—A determination on the merits or a 
determination with respect to a hearing on the record 
shall be subject to de novo review. 
(g) FILING PERIOD.— 
(1) IN GENERAL.—For purposes of this section, 
the term ‘‘filing period’’ means the 2-year period be-
ginning on the date of enactment of this Act. 
(2) TOLLING.—The running of the filing period 
in paragraph (1), for the purpose of filing a civil ac-
tion under subsection (c) or requesting a hearing on 
the record under subsection (d)(2), shall be tolled for 
the period that, with respect to the eligible com-
plaint— 
(A) begins on the date of a request for a de-
termination on the merits; and 
(B) ends on the date on which the Secretary 
issues a determination with respect to a deter-
mination on the merits or a hearing on the 
record. 
(h) RELIEF.— 
(1) AMOUNT.—Subject to paragraph (2), a com-
plainant shall, under subsection (a), and may, under 
subsection (e), be awarded such relief as the complain-
ant would be afforded under the Equal Credit Oppor-
tunity Act, including— 
(A) actual damages; 
(B) the costs of the action, together with a 
reasonable attorney’s fee; and 
(C) debt relief, including— 
(i) write-downs or write-offs of the 
principal on a loan; 
(ii) write-downs or write-offs of the in-
terest on a loan; 
(iii) reduction of the interest rate on a 
loan; 
(iv) waiver or reduction of penalties 
with respect to a loan; or 
(v) other modification of the terms of a 
loan. 
(2) LIMITATIONS ON RELIEF.—
(A) 
IN
GENERAL.—The 
total 
amount 
awarded under this section for all claims shall 
not exceed $100,000,000. 
(B) ACTUAL DAMAGES, COSTS, AND ATTOR-
NEY’S
FEES.—The sum of the total amount 
awarded under paragraph (1)(A) for all claims, 
plus the total amount awarded under paragraph 
(1)(B) 
for 
all 
claims, 
shall 
not 
exceed 
$40,000,000. 
(C) DEBT
RELIEF.—The total amount 
awarded under paragraph (1)(C) for all claims 
shall not exceed $60,000,000. 
(3) EXEMPTION FROM TAXATION.—Any award 
under clauses (ii), (iii), or (iv) of subparagraph (C) 
of paragraph (1) shall not be included in gross in-
come for purposes of chapter 1 of the Internal Rev-
enue Code of 1986. 
(i) FUNDING.— 
(1) There is hereby appropriated to the Sec-
retary, for relief awarded under subsection (h)(1), 
$100,000,000, to remain available until expended. 
(2) Of the funds derived from interest on the 
cushion of credit payments including funds in the 
current fiscal year, as authorized by section 313 of the 
Rural Electrification Act of 1936, an additional
$100,000,000 shall not be obligated and an additional 
$100,000,000 are rescinded. 
(j) SECRETARY.—For purposes of this section, the term 
‘‘Secretary’’ means the Secretary of Agriculture. 
CHAPTER 2—FINANCIAL SERVICES AND 
GENERAL GOVERNMENT 
SMALL BUSINESS ADMINISTRATION 
BUSINESS LOANS PROGRAM ACCOUNT 
For an additional amount for ‘‘Business Loans Pro-
gram Account’’ for fee reductions and eliminations under 
section 501 of division A of the American Recovery and 
Reinvestment Act of 2009 (Public Law 111–5) and for the 
cost of guaranteed loans under section 502 of such division, 
$354,000,000: Provided, That such cost shall be as defined 
in section 502 of the Congressional Budget Act of 1974: Pro-
vided further, That authority to guarantee loans under sec-
tion 502 of division A of the American Recovery and Rein-
vestment Act of 2009 shall remain in effect through Sep-
tember 30, 2010, notwithstanding subsection (f) of such sec-
tion. 
GENERAL PROVISION, THIS CHAPTER 
RESCISSIONS 
SEC. 3201. The following funds are hereby rescinded 
from the following accounts and programs in the specified 
amounts:
(1) ‘‘National Telecommunications and Informa-
tion 
Administration—Digital-to-Analog 
Converter 
Box Program’’ in the Department of Commerce, 
$111,000,000. 
(2) ‘‘Special Supplemental Nutrition Program 
for Women, Infants, and Children (WIC)’’ of the De-
partment of Agriculture, $243,000,000, to be derived 
from unobligated balances available from amounts 
placed in reserve in title I of division A of the Amer-
ican Recovery and Reinvestment Act of 2009 (Public 
Law 111–5; 123 Stat. 115). 
CHAPTER 3—LABOR, HEALTH AND HUMAN 
SERVICES, AND EDUCATION 
GENERAL PROVISIONS, THIS CHAPTER 
ASSISTANCE FOR UNEMPLOYED WORKERS AND STRUGGLING 
FAMILIES 
SEC. 3301. (a)(1) Section 4007 of the Supplemental 
Appropriations Act, 2008 (Public Law 110–252; 26 U.S.C. 
3304 note) is amended— 
(A) by striking ‘‘December 31, 2009’’ each place 
it appears and inserting ‘‘June 30, 2010’’; 
(B) in the heading for subsection (b)(2), by strik-
ing ‘‘DECEMBER 31, 2009’’ and inserting ‘‘JUNE 30, 
2010’’; and
(C) in subsection (b)(3), by striking ‘‘May 31, 
2010’’ and inserting ‘‘November 30, 2010’’. 
(2) Section 2002(e) of the Assistance for Unemployed 
Workers and Struggling Families Act, as contained in Pub-
lic Law 111–5 (26 U.S.C. 3304 note; 123 Stat. 438), is 
amended— 
(A) in paragraph (1)(B), by striking ‘‘January 
1, 2010’’ and inserting ‘‘July 1, 2010’’; 
(B) in the heading for paragraph (2), by strik-
ing ‘‘JANUARY 1, 2010’’ and inserting ‘‘JULY 1, 2010’’; 
and 
(C) in paragraph (3), by striking ‘‘June 30, 
2010’’ and inserting ‘‘December 31, 2010’’. 
(3) Section 2005 of the Assistance for Unemployed 
Workers and Struggling Families Act, as contained in Pub-
lic Law 111–5 (26 U.S.C. 3304 note; 123 Stat. 444), is 
amended— 
(A) by striking ‘‘January 1, 2010’’ each place it 
appears and inserting ‘‘July 1, 2010’’; and 
(B) in subsection (c), by striking ‘‘June 1, 2010’’ 
and inserting ‘‘December 1, 2010’’. 
(4) Section 5 of the Unemployment Compensation Ex-
tension Act of 2008 (Public Law 110–449; 26 U.S.C. 3304 
note) is amended by striking ‘‘May 30, 2010’’ and inserting 
‘‘November 30, 2010’’.
101 
(c) RULES RELATED
TO 2009 EXTENSION.—Sub-
section (a) of such section is further amended by adding 
at the end the following: 
‘‘(16) RULES RELATED TO 2009 EXTENSION.— 
‘‘(A) ELECTION TO PAY PREMIUMS RETRO-
ACTIVELY AND MAINTAIN COBRA COVERAGE.—In 
the case of any premium for a period of coverage 
during an assistance eligible individual’s transi-
tion period, such individual shall be treated for 
purposes of any COBRA continuation provision 
as having timely paid the amount of such pre-
mium if— 
‘‘(i) such individual was covered under 
the COBRA continuation coverage to which 
such premium relates for the period of cov-
erage immediately preceding such transition 
period, and 
‘‘(ii) such individual pays, not later 
than 60 days after the date of the enactment 
of this paragraph (or, if later, 30 days after 
the date of provision of the notification re-
quired under subparagraph (D)(ii)), the 
amount of such premium, after the applica-
tion of paragraph (1)(A).
102 
‘‘(B) REFUNDS AND CREDITS FOR RETRO-
ACTIVE PREMIUM ASSISTANCE ELIGIBILITY.—In 
the case of an assistance eligible individual who 
pays, with respect to any period of COBRA con-
tinuation coverage during such individual’s 
transition period, the premium amount for such 
coverage without regard to paragraph (1)(A), 
rules similar to the rules of paragraph (12)(E) 
shall apply. 
‘‘(C) TRANSITION PERIOD.— 
‘‘(i) IN
GENERAL.—For purposes of 
this paragraph, the term ‘transition period’ 
means, with respect to any assistance eligi-
ble individual, any period of coverage if— 
‘‘(I) such period begins before the 
date of the enactment of this para-
graph, and 
‘‘(II) paragraph (1)(A) applies to 
such period by reason of the amend-
ment made by section 3302(b) of the 
Jobs for Main Street Act, 2010. 
‘‘(ii) 
CONSTRUCTION.—Any 
period 
during the period described in subclauses 
(I) and (II) of clause (i) for which the ap-
plicable premium has been paid pursuant
103 
to subparagraph (A) shall be treated as a 
period of coverage referred to in such para-
graph, irrespective of any failure to timely 
pay the applicable premium (other than 
pursuant to subparagraph (A)) for such pe-
riod. 
‘‘(D) NOTIFICATION.— 
‘‘(i) IN GENERAL.—In the case of an 
individual who was an assistance eligible 
individual at any time on or after October 
31, 2009, or experiences a qualifying event 
(consisting of a reduction of hours or termi-
nation of employment) relating to COBRA 
continuation coverage on or after such date, 
the administrator of the group health plan 
(or other entity) involved shall provide an 
additional notification with information re-
garding the amendments made by the Jobs 
for Main Street Act, 2010 within 60 days 
after the date of the enactment of such Act 
or, in the case of a qualifying event occur-
ring after such date of enactment, consistent 
with the timing of notifications under para-
graph (7)(A).
104 
‘‘(ii) TO INDIVIDUALS WHO LOST AS-
SISTANCE.—In the case of an assistance eli-
gible individual described in subparagraph 
(A)(i) who did not timely pay the premium 
for any period of coverage during such indi-
vidual’s transition period or paid the pre-
mium for such period without regard to 
paragraph (1)(A), the administrator of the 
group health plan (or other entity) involved 
shall provide to such individual, within the 
first 60 days of such individual’s transition 
period, an additional notification with in-
formation regarding the amendments made 
by the Jobs for Main Street Act, 2010, in-
cluding information on the ability under 
subparagraph (A) to make retroactive pre-
mium payments with respect to the transi-
tion period of the individual in order to 
maintain COBRA continuation coverage. 
‘‘(iii) APPLICATION OF RULES.—Rules 
similar to the rules of paragraph (7) shall 
apply with respect to notifications under 
this subparagraph.’’. 
(d) CLARIFICATIONS RELATING TO SECTION 3001 OF 
ARRA.—
105 
(1) CLARIFICATION THAT ELIGIBILITY AND NO-
TICE IS BASED ON TIMING OF QUALIFYING EVENT.— 
Subsection (a) of such section is amended— 
(A) in paragraph (3)(A)— 
(i) by striking ‘‘at any time’’ and in-
serting ‘‘such qualified beneficiary is eligi-
ble for COBRA continuation coverage re-
lated to a qualifying event occurring’’; and 
(ii) by striking ‘‘, such qualified bene-
ficiary is eligible for COBRA continuation 
coverage’’; and 
(B) in paragraph (7)(A), by striking ‘‘be-
come entitled to elect COBRA continuation cov-
erage’’ and inserting ‘‘have a qualifying event re-
lating to COBRA continuation coverage’’. 
(2) CLARIFICATION
REGARDING
RETIREE
COV-
ERAGE.—Subsection (a)(2)(A)(i) of such section is 
amended by inserting ‘‘coverage under a retiree health 
plan,’’ after ‘‘other than’’. 
(3) CLARIFICATION REGARDING COBRA CONTINU-
ATION RESULTING FROM REDUCTIONS IN HOURS.— 
Subsection (a) of such section is further amended— 
(A) in paragraph (3)(C), by inserting before 
the period at the end the following: ‘‘or consists 
of a reduction of hours followed by such an in-
106 
voluntary termination of employment during 
such period’’; and 
(B) by adding at the end the following: 
‘‘(17) SPECIAL RULES IN CASE OF INDIVIDUALS 
LOSING
COVERAGE
BECAUSE
OF
A
REDUCTION
OF 
HOURS.— 
‘‘(A) NEW ELECTION PERIOD.— 
‘‘(i) IN GENERAL.—For the purposes of 
the COBRA continuation provisions, in the 
case of an individual described in subpara-
graph (C) who did not make (or who made 
and discontinued) an election of COBRA 
continuation coverage on the basis of the re-
duction of hours of employment, the invol-
untary termination of employment of such 
individual after the date of the enactment of 
the Jobs for Main Street Act, 2010, shall be 
treated as a qualifying event. 
‘‘(ii) COUNTING COBRA DURATION PE-
RIOD
FROM
PREVIOUS
QUALIFYING 
EVENT.—In any case of an individual re-
ferred to in clause (i), the period of such in-
dividual’s continuation coverage shall be de-
termined as though the qualifying event 
were the reduction of hours of employment.
107 
‘‘(iii) 
CONSTRUCTION.—Nothing 
in 
this paragraph shall be construed as requir-
ing an individual referred to in clause (i) 
to make a payment for COBRA continu-
ation coverage between the reduction of 
hours and the involuntary termination of 
employment. 
‘‘(iv) 
PREEXISTING
CONDITIONS.— 
With respect to an individual referred to in 
clause (i) who elects COBRA continuation 
coverage pursuant to such clause, rules 
similar to the rules in paragraph (4)(C) 
shall apply. 
‘‘(B) NOTICES.—In the case of an indi-
vidual described in subparagraph (C), the ad-
ministrator of the group health plan (or other 
entity) involved shall provide, during the 60-day 
period beginning on the date of such individual’s 
termination of employment, an additional notifi-
cation described in paragraph (7)(A), including 
information on the provisions of this paragraph. 
Rules similar to the rules of paragraph (7) shall 
apply with respect to such notification. 
‘‘(C) INDIVIDUALS
DESCRIBED.—Individ-
uals described in this subparagraph are individ-
108 
uals who are assistance eligible individuals on 
the basis of a qualifying event consisting of a re-
duction of hours occurring during the period de-
scribed in paragraph (3)(A) followed by an in-
voluntary termination of employment insofar as 
such termination of employment occurred after 
the date of the enactment of the Jobs for Main 
Street Act, 2010.’’. 
(4) CLARIFICATION
OF
PERIOD
OF
ASSIST-
ANCE.—Subsection (a)(2)(A)(ii)(I) of such section is 
amended by striking ‘‘of the first month’’. 
(5) ENFORCEMENT.—Subsection (a)(5) of such 
section is amended by adding at the end the fol-
lowing: ‘‘In addition to civil actions that may be 
brought to enforce applicable provisions of such Act or 
other laws, the appropriate Secretary or an affected 
individual may bring a civil action to enforce such 
determinations and for appropriate relief. In addi-
tion, such Secretary may assess a penalty against a 
plan sponsor or health insurance issuer of not more 
than $110 per day for each failure to comply with 
such determination of such Secretary after 10 days 
after the date of the plan sponsor’s or issuer’s receipt 
of the determination.’’.
109 
(6) AMENDMENTS RELATING TO SECTION 3001 OF 
ARRA.— 
(A) Subsection (g) of section 35 of the Inter-
nal Revenue Code of 1986 is amended by strik-
ing ‘‘section 3002(a) of the Health Insurance As-
sistance for the Unemployed Act of 2009’’ and 
inserting ‘‘section 3001(a) of title III of division 
B of the American Recovery and Reinvestment 
Act of 2009’’. 
(B) Section 139C of such Code is amended 
by striking ‘‘section 3002 of the Health Insur-
ance Assistance for the Unemployed Act of 2009’’ 
and inserting ‘‘section 3001 of title III of divi-
sion B of the American Recovery and Reinvest-
ment Act of 2009’’. 
(C) Section 6432 of such Code is amend-
ed— 
(i) in subsection (a), by striking ‘‘sec-
tion 3002(a) of the Health Insurance Assist-
ance for the Unemployed Act of 2009’’ and 
inserting ‘‘section 3001(a) of title III of di-
vision B of the American Recovery and Re-
investment Act of 2009’’; 
(ii) in subsection (c)(3), by striking 
‘‘section 3002(a)(1)(A) of such Act’’ in sub-
110 
section 
(c)(3) 
and 
inserting 
‘‘section 
3001(a)(1)(A) of title III of division B of 
the American Recovery and Reinvestment 
Act of 2009’’; and 
(iii) by redesignating subsections (e) 
and (f) as subsections (f) and (g), respec-
tively, and inserting after subsection (d) the 
following new subsection:. 
‘‘(e) EMPLOYER
DETERMINATION
OF
QUALIFYING 
EVENT AS INVOLUNTARY TERMINATION.—For purposes of 
this section, in any case in which— 
‘‘(1) based on a reasonable interpretation of sec-
tion 3001(a)(3)(C) of division B of the American Re-
covery and Reinvestment Act of 2009 and adminis-
trative guidance thereunder, an employer determines 
that the qualifying event with respect to COBRA con-
tinuation coverage for an individual was involuntary 
termination of a covered employee’s employment, and 
‘‘(2) the employer maintains supporting docu-
mentation of the determination, including an attesta-
tion by the employer of involuntary termination with 
respect to the covered employee, 
the qualifying event for the individual shall be deemed to 
be involuntary termination of the covered employee’s em-
ployment.’’.
111 
(D) Subsection (a) of section 6720C of such 
Code 
is 
amended 
by 
striking 
‘‘section 
3002(a)(2)(C) of the Health Insurance Assistance 
for the Unemployed Act of 2009’’ and inserting 
‘‘section 3001(a)(2)(C) of title III of division B 
of the American Recovery and Reinvestment Act 
of 2009’’. 
(e) EFFECTIVE DATE.—The amendments made by this 
section shall take effect as if included in the provisions of 
section 3001 of division B of the American Recovery and 
Reinvestment Act of 2009 to which they relate, except 
that— 
(1) the amendments made by subsections (d)(2) 
and (d)(3) shall apply to periods of coverage begin-
ning after the date of the enactment of this Act; and 
(2) the amendment made by subsection (d)(5) 
shall take effect on the date of the enactment of this 
Act. 
EXTENSION OF RECOVERY ACT INCREASE IN FMAP 
SEC. 3303. Section 5001 of the American Recovery and 
Reinvestment Act of 2009 (Public Law 111–5) is amend-
ed— 
(1) in subsection (a)(3), by striking ‘‘first cal-
endar quarter’’ and inserting ‘‘first 3 calendar quar-
ters’’;
112 
(2) in subsection (b)(2), by inserting before the 
period at the end the following: ‘‘and such paragraph 
shall not apply to calendar quarters beginning on or 
after October 1, 2010’’; 
(3) in subsection (c)(4)(C)(ii), by striking ‘‘De-
cember 2009’’ and ‘‘January 2010’’ and inserting 
‘‘June 2010’’ and ‘‘July 2010’’, respectively; 
(4) in subsection (d), by inserting ‘‘ending before 
October 1, 2010’’ after ‘‘entire fiscal years’’ and after 
‘‘with respect to fiscal years’’; 
(5) in subsection (g)(1), by striking ‘‘September 
30, 2011’’ and inserting ‘‘March 31, 2012’’; and 
(6) in subsection (h)(3), by striking ‘‘December 
31, 2010’’ and inserting ‘‘June 30, 2011’’. 
REPEAL
OF
EARNED
INCOME
THRESHOLD
FOR
DETER-
MINING REFUNDABLE PORTION OF CHILD TAX CREDIT 
SEC. 3304. (a) IN GENERAL.—Clause (i) of section 
24(d)(1)(B) of the Internal Revenue Code of 1986 is amend-
ed to read as follows: 
‘‘(i) 15 percent of the taxpayer’s 
earned income (within the meaning of sec-
tion 32) which is taken into account in 
computing taxable income, or’’. 
(b) CONFORMING AMENDMENTS.—Subsection (d) of 
section 24 of such Code is amended— 
(1) by striking paragraph (3), and
113 
(2) by striking paragraph (4). 
(c) EFFECTIVE DATE.—The amendments made by this 
section shall apply to taxable years beginning after Decem-
ber 31, 2009. 
(d) APPLICATION OF EGTRRA SUNSET.—The amend-
ments made by subsection (a) and (b)(1) shall be subject 
to title IX of the Economic Growth and Tax Relief Rec-
onciliation Act of 2001 in the same manner as the provision 
of such Act to which such amendment relates. 
HHS POVERTY GUIDELINES 
SEC. 3305. Notwithstanding section 673(2) of the Om-
nibus Budget Reconciliation Act of 1981 (42 U.S.C. 
9902(2)) or any other provision of law, the poverty line for 
2010 issued by the Secretary of Health and Human Serv-
ices under such section 673(2) shall be not lower than the 
poverty line so issued on January 23, 2009 (74 Fed. Reg. 
14). This section shall have no effect on such Secretary’s 
revision of the poverty line for 2011. 
REFUNDS DISREGARDED IN THE ADMINISTRATION OF FED-
ERAL
PROGRAMS
AND
FEDERALLY
ASSISTED
PRO-
GRAMS 
SEC. 3306. (a) IN GENERAL.—Subchapter A of chapter 
65 of the Internal Revenue Code of 1986 is amended by 
adding at the end the following new section:
114 
‘‘SEC. 6409. REFUNDS DISREGARDED IN THE ADMINISTRA-
TION OF FEDERAL PROGRAMS AND FEDER-
ALLY ASSISTED PROGRAMS. 
‘‘(a) IN GENERAL.—Notwithstanding any other provi-
sion of law, any refund (or advance payment with respect 
to a refundable credit) made to any individual under this 
title shall not be taken into account as income, and shall 
not be taken into account as resources for the month of re-
ceipt and the following 11 months, for purposes of deter-
mining the eligibility of such individual (or any other indi-
vidual) for benefits or assistance (or the amount or extent 
of benefits or assistance) under any Federal program or 
under any State or local program financed in whole or in 
part with Federal funds. 
‘‘(b) TERMINATION.—Subsection (a) shall not apply to 
any amount received after December 31, 2010.’’. 
(b) CLERICAL AMENDMENT.—The table of sections for 
such subchapter is amended by adding at the end the fol-
lowing new item: 
‘‘Sec. 6409. Refunds disregarded in the administration of Federal programs and 
Federally assisted programs.’’. 
(c) EFFECTIVE DATE.—The amendment made by this 
section shall apply to amounts received after December 31, 
2009.
115 
PERMANENT
EXTENSION
OF
FEE
WITHHOLDING
PROCE-
DURES TO TITLE XVI AND TO QUALIFIED NON-ATTOR-
NEY REPRESENTATIVES 
SEC. 3307. (a) PERMANENT EXTENSION OF ATTORNEY 
FEE WITHHOLDING PROCEDURES TO TITLE XVI.— 
(1) IN GENERAL.—Section 302 of the Social Se-
curity Protection Act of 2004 (Public Law 108–203; 
118 Stat. 519) is amended— 
(A) in the section heading, by striking 
‘‘TEMPORARY’’; and 
(B) in subsection (c), by striking ‘‘EFFEC-
TIVE DATE.—’’ and all that follows through ‘‘The 
amendments’’ 
and 
inserting 
‘‘EFFECTIVE 
DATE.—The amendments’’, and by striking 
paragraph (2). 
(2) CLERICAL AMENDMENT.—The item relating 
to section 302 in the table of contents in section 1(b) 
of such Act is amended by striking ‘‘Temporary ex-
tension’’ and inserting ‘‘Extension’’. 
(b) PERMANENT EXTENSION OF FEE WITHHOLDING 
PROCEDURES TO QUALIFIED NON-ATTORNEY REPRESENTA-
TIVES.— 
(1) IN GENERAL.—Section 206 of the Social Se-
curity Act (42 U.S.C. 406) is amended by adding at 
the end the following new subsection:
116 
‘‘(e)(1) The Commissioner shall provide for the exten-
sion of the fee withholding procedures and assessment proce-
dures that apply under the preceding provisions of this sec-
tion to agents and other persons, other than attorneys, who 
represent claimants under this title before the Commis-
sioner. 
‘‘(2) Fee-withholding procedures may be extended 
under paragraph (1) to any nonattorney representative 
only if such representative meets at least the following pre-
requisites: 
‘‘(A) The representative has been awarded a 
bachelor’s degree from an accredited institution of 
higher education, or has been determined by the Com-
missioner to have equivalent qualifications derived 
from training and work experience. 
‘‘(B) The representative has passed an examina-
tion, written and administered by the Commissioner, 
which tests knowledge of the relevant provisions of 
this Act and the most recent developments in agency 
and court decisions affecting this title and title XVI. 
‘‘(C) The representative has secured professional 
liability insurance, or equivalent insurance, which the 
Commissioner has determined to be adequate to pro-
tect claimants in the event of malpractice by the rep-
resentative.
117 
‘‘(D) The representative has undergone a crimi-
nal background check to ensure the representative’s 
fitness to practice before the Commissioner. 
‘‘(E) The representative demonstrates ongoing 
completion of qualified courses of continuing edu-
cation, including education regarding ethics and pro-
fessional conduct, which are designed to enhance pro-
fessional knowledge in matters related to entitlement 
to, or eligibility for, benefits based on disability under 
this title and title XVI. Such continuing education, 
and the instructors providing such education, shall 
meet such standards as the Commissioner may pre-
scribe. 
‘‘(3)(A) The Commissioner may assess representatives 
reasonable fees to cover the cost to the Social Security Ad-
ministration of administering the prerequisites described in 
paragraph (2). 
‘‘(B) Fees collected under subparagraph (A) shall be 
credited to the Federal Old-Age and Survivors Insurance 
Trust Fund and the Federal Disability Insurance Trust 
Fund, or deposited as miscellaneous receipts in the general 
fund of the Treasury, based on such allocations as the Com-
missioner determines appropriate. 
‘‘(C) The fees authorized under this paragraph shall 
be collected and available for obligation only to the extent
118 
and in the amount provided in advance in appropriations 
Acts. Amounts so appropriated are authorized to remain 
available until expended for administering the prerequisites 
described in paragraph (2).’’. 
(2) CONFORMING AMENDMENTS.— 
(A) Section 1631(d)(2)(A) of such Act (42 
U.S.C. 1383(d)(2)(A)) is amended— 
(i) in clause (iv), by striking ‘‘and’’ at 
the end; 
(ii) in clause (v), by striking the pe-
riod at the end and inserting ‘‘;
and’’; and 
(iii) by adding at the end the following 
new clause: 
‘‘(vi) by substituting, in subsection (e)(1)— 
‘‘(I) ‘subparagraphs (B) and (C) of 
section 1631(d)(2)’ for ‘the preceding provi-
sions of this section’; and 
‘‘(II) ‘title XVI’ for ‘this title’.’’. 
(B) Section 303(e)(2) of the Social Security 
Protection Act of 2004 (Public Law 108–203; 
118 Stat. 523) is amended by striking ‘‘AND 
FINAL REPORT’’ in the heading and by striking 
the last sentence. 
(3) EFFECTIVE DATE.—The Commissioner of So-
cial Security shall provide for full implementation of
119 
the provisions of section 206(e) of the Social Security 
Act (as added by paragraph (1)) and the amendments 
made by paragraph (2) not later than March 1, 2010. 
CHAPTER 4—GENERAL PROVISIONS, THIS TITLE 
EMERGENCY DESIGNATIONS 
SEC. 3401. (a) IN GENERAL.—Each amount in this 
title is designated as an emergency requirement and nec-
essary to meet emergency needs pursuant to sections 403 
and 423(b) of S. Con. Res. 13 (111th Congress), the concur-
rent resolution on the budget for fiscal year 2010. 
(b) PAYGO.—All applicable provisions in this title 
are designated as an emergency for purposes of pay-as-you- 
go principles. 
TITLE IV—GENERAL PROVISIONS, THIS ACT 
PERIOD OF AVAILABILITY 
SEC. 4001. No part of any appropriation contained 
in this Act shall remain available for obligation beyond 
September 30, 2010, unless expressly so provided herein. 
BUY AMERICA 
SEC. 4002. All funds provided under this Act shall be 
subject to the requirements of section 1605 of division A 
of the American Recovery and Reinvestment Act of 2009 
(Public Law 111–5). 
This divison may be cited as the ‘‘Jobs for Main Street 
Act, 2010’’.
120 
DIVISION B—STATUTORY PAY- 
AS-YOU-GO ACT OF 2009 
SEC. 101. SHORT TITLE. 
This division may be cited as the ‘‘Statutory Pay-As- 
You-Go Act of 2009’’. 
SEC. 102. PURPOSE. 
The purpose of this division is to reestablish a statu-
tory procedure to enforce a rule of budget neutrality on new 
revenue and direct spending legislation. 
SEC. 103. DEFINITIONS. 
As used in this division— 
(1) The term ‘‘BBEDCA’’ means the Balanced 
Budget and Emergency Deficit Control Act of 1985. 
(2) The definitions set forth in section 3 of the 
Congressional Budget and Impoundment Control Act 
of 1974 and in section 250 of BBEDCA shall apply 
to this division, except to the extent that they are spe-
cifically modified as follows: 
(A) The term ‘‘outyear’’ means a fiscal year 
that occurs one or more years after the budget 
year. 
(B) In section 250(c)(8)(C), the reference to 
the food stamp program shall be deemed to be a 
reference to the Supplemental Nutrition Assist-
ance Program.
121 
(3) The term ‘‘AMT’’ means the Alternative Min-
imum Tax for individuals under sections 55–59 of the 
Internal Revenue Code of 1986, the term ‘‘EGTRRA’’ 
means the Economic Growth and Tax Relief Rec-
onciliation Act of 2001 (Public Law 107–16), and the 
term ‘‘JGTRRA’’ means the Jobs and Growth Tax 
Relief and Reconciliation Act of 2003 (Public Law 
108–27). 
(4)(A) The term ‘‘budgetary effects’’ means the 
amounts by which PAYGO legislation changes direct 
spending or revenues relative to the baseline and shall 
be determined on the basis of estimates included by 
reference in the PAYGO Act or prepared under sec-
tion 104(d)(3), as applicable. Budgetary effects that 
increase direct spending or decrease revenues are 
termed ‘‘costs’’ and budgetary effects that increase 
revenues or decrease direct spending are termed ‘‘sav-
ings’’. 
(B) For purposes of these definitions, off-budget 
effects shall be counted as budgetary effects unless such 
changes flow directly from amendments to title II of 
the Social Security Act and related provisions of the 
Internal Revenue Code of 1986 and debt service effects 
shall not be counted as budgetary effects.
122 
(C) Solely for purposes of recording entries on a 
PAYGO scorecard, provisions in appropriations Acts 
are also considered to be budgetary effects for purposes 
of this division if such provisions make outyear modi-
fications to substantive law, except that provisions for 
which the outlay effects net to zero over a period con-
sisting of the current year, the budget year, and the 
4 subsequent years shall not be considered budgetary 
effects. For purposes of this paragraph, the term, 
‘‘modifications to substantive law’’ refers to changes 
to or restrictions on entitlement law or other manda-
tory spending contained in appropriations Acts, not-
withstanding section 250(c)(8) of BBEDCA. Provi-
sions in appropriations Acts that are neither outyear 
modifications to substantive law nor changes in reve-
nues have no budgetary effects for purposes of this di-
vision. 
(D) If a provision is designated as an emergency 
requirement under this division and is also des-
ignated as an emergency requirement under the ap-
plicable rules of the House of Representatives, CBO 
shall not include the cost of such a provision in its 
estimate of the PAYGO legislation’s budgetary effects. 
(5) The term ‘‘debit’’ refers to the net total 
amount, when positive, by which costs recorded on the
123 
PAYGO scorecards for a fiscal year exceed savings re-
corded on those scorecards for that year. 
(6) The term ‘‘entitlement law’’ refers to a sec-
tion of law which provides entitlement authority. 
(7) The term ‘‘PAYGO legislation’’ or a 
‘‘PAYGO Act’’ refers to a bill or joint resolution that 
affects direct spending or revenue relative to the base-
line. The budgetary effects of changes in revenues and 
outyear modifications to substantive law included in 
appropriation Acts as defined in paragraph (4) shall 
be treated as if they were contained in PAYGO legis-
lation. 
(8) The term ‘‘timing shift’’ refers to a delay of 
the date on which direct spending would otherwise 
occur from the ninth outyear to the tenth outyear or 
an acceleration of the date on which revenues would 
otherwise occur from the tenth outyear to the ninth 
outyear. 
SEC. 104. PAYGO ESTIMATES AND PAYGO SCORECARDS. 
(a) PAYGO ESTIMATES.—(1) A PAYGO Act shall in-
clude by reference an estimate of its budgetary effects as 
determined under section 308(a)(3) of the Congressional 
Budget Act of 1974, if timely submitted for printing in the 
Congressional Record by the chairs of the Committees on 
the Budget of the House of Representatives and the Senate,
124 
as applicable, before the vote on the PAYGO legislation. The 
Clerk of the House or the Secretary of the Senate, as appli-
cable, shall also incorporate by reference such estimate 
printed in the relevant portion of the Congressional Record 
under section 308(a)(3) of the Congressional Budget Act of 
1974 into the enrollment of a PAYGO Act. Budgetary effects 
that are not so included shall be determined under section 
104(d)(3). 
(2)(A) Section 308(a) of the Congressional Budget Act 
of 1974 is amended by adding at the end the following new 
paragraph: 
‘‘(3) CBO PAYGO ESTIMATES.—Before a vote in 
either House on a PAYGO Act that, if determined in 
the affirmative, would clear such Act for enrollment, 
the chairs of the Committees on the Budget of the 
House and Senate, as applicable, shall request from 
the Director of the Congressional Budget Office an es-
timate of the budgetary effects of such Act under the 
Statutory Pay-As-You-Go Act of 2009. If such an esti-
mate is timely provided, the chairs of the Committees 
on the Budget of the House of Representatives and the 
Senate shall post such estimate on their respective 
committee websites and cause it to be printed in the 
Congressional Record under the heading ‘PAYGO ES-
TIMATE’. For purposes of this section, the Director
125 
of the Congressional Budget Office shall not count 
timing shifts in his estimates of the budgetary effects 
of PAYGO legislation (as defined in section 103 of the 
Statutory Pay-As-You-Go Act of 2009).’’. 
(B) The side heading of section 308(a) of the Congres-
sional Budget Act of 1974 is amended by striking ‘‘RE-
PORTS ON’’. 
(b) Section 308 of the Congressional Budget Act of 
1974 is amended by adding at the end the following new 
subsection: 
‘‘(d) SCOREKEEPING GUIDELINES.—The Director of 
the Congressional Budget Office shall provide estimates 
under this section in accordance with the scorekeeping 
guidelines determined under section 252(d)(5) of the Bal-
anced Budget and Emergency Deficit Control Act of 1985. 
Upon agreement, the chairs of the Committees on the Budget 
of the House of Representatives and the Senate shall submit 
updates to such guidelines for printing in the Congressional 
Record.’’. 
(c) CURRENT POLICY ADJUSTMENTS
FOR CERTAIN 
LEGISLATION.—For purposes of calculating budgetary ef-
fects under this division, CBO shall adjust its estimates as 
described below for any provision of legislation designated 
as meeting the criteria in subsection (b), (c), or (d) of sec-
tion 107 and which the chairman of the Committee on the
126 
Budget of the House of Representatives or the Senate, as 
applicable, designates as meeting those criteria. A single 
piece of legislation may contain provisions designated as 
meeting criteria in more than one of the subsections listed 
above. For appropriately designated provisions, CBO shall 
exclude from its estimates for purposes of this division any 
costs of a provision to the extent that those costs, when com-
bined with all other excluded costs of any other previously 
designated provisions of enacted legislation under the same 
subsection of section 107, do not exceed the maximum appli-
cable current policy adjustment defined under the applica-
ble subsection of section 107 for the applicable 10-year pe-
riod, using the most recent baseline estimates supplied by 
the Congressional Budget Office consistent with section 257 
of the Balanced Budget and Emergency Deficit Control Act 
of 1985 used in considering a concurrent resolution on the 
budget; or, after the beginning of a new calendar year and 
before consideration of a concurrent resolution on the budg-
et, using the most recent baseline estimates supplied by the 
Congressional Budget Office consistent with section 257 of 
the Balanced Budget and Emergency Deficit Control Act 
of 1985. CBO estimates of legislation containing a current 
policy designation under this subsection shall include a sep-
arate presentation of costs excluded from the calculation of 
budgetary effects for the legislation, as well as an updated
127 
total of all excluded costs of provisions within the same sub-
section of section 107. 
(d) OMB PAYGO SCORECARDS.— 
(1) IN
GENERAL.—OMB shall maintain and 
make publicly available a continuously updated docu-
ment containing two PAYGO scorecards displaying 
the budgetary effects of PAYGO legislation as deter-
mined under section 308 of the Congressional Budget 
Act of 1974, applying the look-back requirement in 
subsection (e) and the averaging requirement in sub-
section (f), and a separate addendum displaying the 
estimates of the costs of provisions designated in stat-
ute as emergency requirements. 
(2) ESTIMATES IN LEGISLATION.—Except as pro-
vided in paragraph (3), in making the calculations 
for the PAYGO scorecards, OMB shall use the budg-
etary effects included by reference in the applicable 
legislation. 
(3) OMB ESTIMATES.—If legislation does not 
contain the estimate of budgetary effects under para-
graph (2), then OMB shall score the budgetary effects 
of that legislation upon its enactment, based on the 
approaches to scorekeeping set forth in this division. 
(4) 5-YEAR
SCORECARD.—The first scorecard 
shall display the budgetary effects of PAYGO legisla-
128 
tion in each year over the 5-year period beginning in 
the budget year. 
(5) 10-YEAR SCORECARD.—The second scorecard 
shall display the budgetary effects of PAYGO legisla-
tion in each year over the 10-year period beginning 
in the budget year. 
(e) LOOK-BACK
TO CAPTURE CURRENT-YEAR EF-
FECTS.—For purposes of this section, OMB shall treat the 
budgetary effects of PAYGO legislation enacted during a 
session of Congress that occur during the current year as 
though they occurred in the budget year. 
(f) AVERAGING USED TO MEASURE COMPLIANCE OVER 
5-YEAR AND 10-YEAR PERIODS.—OMB shall cumulate the 
budgetary effects of a PAYGO Act over the budget year 
(which includes any look-back effects under subsection (e)) 
and— 
(1) for purposes of the 5-year scorecard referred 
to in subsection (d)(4), the four subsequent outyears, 
divide that cumulative total by five, and enter the 
quotient in the budget-year column and in each subse-
quent column of the 5-year PAYGO scorecard; and 
(2) for purposes of the 10-year scorecard referred 
to in subsection (d)(5), the nine subsequent outyears, 
divide that cumulative total by ten, and enter the
129 
quotient in the budget-year column and in each subse-
quent column of the 10-year PAYGO scorecard. 
SEC. 105. ANNUAL REPORT AND SEQUESTRATION ORDER. 
(a) ANNUAL REPORT.—Not later than 14 days (exclud-
ing weekends and holidays) after Congress adjourns to end 
a session, OMB shall make publicly available and cause to 
be printed in the Federal Register an annual PAYGO re-
port. The report shall include an up-to-date document con-
taining the PAYGO scorecards, a description of any current 
policy adjustments made under section 104(c), information 
about emergency legislation (if any) designated under sec-
tion 103(4)(D), information about any sequestration if re-
quired by subsection (b), and other data and explanations 
that enhance public understanding of this division and ac-
tions taken under it. 
(b) SEQUESTRATION ORDER.—If the annual report 
issued at the end of a session of Congress under subsection 
(a) shows a debit on either PAYGO scorecard for the budget 
year, OMB shall prepare and the President shall issue and 
include in that report a sequestration order that, upon 
issuance, shall reduce budgetary resources of direct spending 
programs by enough to offset that debit as prescribed in 
section 106. If there is a debit on both scorecards, the order 
shall fully offset the larger of the two debits. OMB shall 
include that order in the annual report and transmit it
130 
to the House of Representatives and the Senate. If the Presi-
dent issues a sequestration order, the annual report shall 
contain, for each budget account to be sequestered, estimates 
of the baseline level of budgetary resources subject to seques-
tration, the amount of budgetary resources to be sequestered, 
and the outlay reductions that will occur in the budget year 
and the subsequent fiscal year because of that sequestration. 
SEC. 106. CALCULATING A SEQUESTRATION. 
(a) REDUCING NONEXEMPT BUDGETARY RESOURCES 
BY A UNIFORM PERCENTAGE.—OMB shall calculate the 
uniform percentage by which the budgetary resources of 
nonexempt direct spending programs are to be sequestered 
such that the outlay savings resulting from that sequestra-
tion, as calculated under subsection (b), shall offset the 
budget-year debit, if any on the applicable PAYGO score-
card. If the uniform percentage calculated under the prior 
sentence exceeds 4 percent, the Medicare programs described 
in section 256(d) of BBEDCA shall be reduced by 4 percent 
and the uniform percentage by which the budgetary re-
sources of all other nonexempt direct spending programs are 
to be sequestered shall be increased, as necessary, so that 
the sequestration of Medicare and of all other nonexempt 
direct spending programs together produce the required out-
lay savings.
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(b) OUTLAY SAVINGS.—In determining the amount by 
which a sequestration offsets a budget-year debit, OMB shall 
count— 
(1) the amount by which the sequestration in a 
crop year of crop support payments, pursuant to sec-
tion 256(j) of BBEDCA, reduces outlays in the budget 
year and the subsequent fiscal year; 
(2) the amount by which the sequestration of 
Medicare payments in the 12-month period following 
the sequestration order, pursuant to section 256(d) of 
BBEDCA, reduces outlays in the budget year and the 
subsequent fiscal year; and 
(3) the amount by which the sequestration in the 
budget year of the budgetary resources of other non-
exempt mandatory programs reduces outlays in the 
budget year and in the subsequent fiscal year. 
SEC. 107. CURRENT POLICY ADJUSTMENT TO THE CBO ES-
TIMATES. 
(a) PURPOSE.—The purpose of this section is to pro-
vide for adjustments of estimates of budgetary effects of 
PAYGO legislation for legislation affecting four areas of the 
budget— 
(1) payments made under section 1848 of the So-
cial Security Act (titled Payment for Physicians’ 
Services);
132 
(2) the Estate and Gift Tax under subtitle B of 
the Internal Revenue Code of 1986; 
(3) the AMT; and 
(4) provisions of EGTRRA or JGTRRA that 
amended the Internal Revenue Code of 1986 (or pro-
visions in later statutes further amending the amend-
ments made by EGTRRA or JGTRRA), other than— 
(A) the provisions of those two Acts that 
were made permanent by the Pension Protection 
Act of 2006 (Public Law 109–280); 
(B) amendments to the estate and gift tax 
referred to in paragraph (2); 
(C) the AMT referred to in paragraph (3); 
(D) the 35 percent bracket and that portion 
of the 33 percent bracket that applies to taxable 
income greater than $200,000 for an individual 
and $250,000 for a couple; and 
(E) provisions in those two Acts relating to 
taxes rates on capital gains and dividends. 
(b) MEDICARE PAYMENTS TO PHYSICIANS.— 
(1) CRITERIA.—Legislation that includes provi-
sions amending or superseding the system of pay-
ments under section 1848 of the Social Security Act 
shall trigger the current policy adjustment required 
by this division.
133 
(2) ADJUSTMENT.—The amount of the maximum 
current policy adjustment shall be the difference be-
tween— 
(A) estimated net outlays attributable to the 
payments made to physicians under that section 
of the Social Security Act (as scheduled on July 
15, 2009, to be in effect); and 
(B) what those net outlays would have been 
if the nominal payment rates and related pa-
rameters in effect for 2009 had been in effect 
thereafter without change. 
(c) ESTATE AND GIFT TAX.— 
(1) CRITERIA.—Legislation that includes provi-
sions amending the Estate and Gift Tax under sub-
title B of the Internal Revenue Code of 1986 shall 
trigger the current policy adjustment required by this 
division. 
(2) ADJUSTMENT.—The amount of the maximum 
current policy adjustment shall be the difference be-
tween— 
(A) total revenues projected to be collected 
under the Internal Revenue Code of 1986 (as 
scheduled on July 15, 2009, to be in effect); and 
(B) what those revenue collections would 
have been if, on the date of enactment of the leg-