186 
Transportation Equity Act for the 21st Century or subse-
quent public laws for multiple years or to remain available 
until used, but only to the extent that the obligation author-
ity has not lapsed or been used; (10) under section 105 of 
title 23, United States Code, but only in an amount equal 
to $639,000,000 for each of fiscal years 2005 through 2010; 
and (11) under section 1603 of the Safe, Accountable, Flexi-
ble, Efficient Transportation Equity Act: A Legacy for 
Users, to the extent that funds obligated in accordance with 
that section were not subject to a limitation on obligations 
at the time at which the funds were initially made available 
for obligation. 
(c) REDISTRIBUTION OF UNUSED OBLIGATION AU-
THORITY.—Notwithstanding subsection (a), the Secretary 
shall, after August 1 of such fiscal year, revise a distribu-
tion of the obligation limitation made available under sub-
section (a) if the amount distributed cannot be obligated 
during that fiscal year and redistribute sufficient amounts 
to those States able to obligate amounts in addition to those 
previously distributed during that fiscal year, giving pri-
ority to those States having large unobligated balances of 
funds apportioned under sections 104 and 144 of title 23, 
United States Code. 
(d) APPLICABILITY OF OBLIGATION LIMITATIONS TO 
TRANSPORTATION RESEARCH PROGRAMS.—The obligation
187 
limitation shall apply to transportation research programs 
carried out under chapter 5 of title 23, United States Code, 
and title V (research title) of the Safe, Accountable, Flexible, 
Efficient Transportation Equity Act: A Legacy for Users, 
except that obligation authority made available for such 
programs under such limitation shall remain available for 
a period of 3 fiscal years and shall be in addition to the 
amount of any limitation imposed on obligations for Fed-
eral-aid highway and highway safety construction pro-
grams for future fiscal years. 
(e) REDISTRIBUTION
OF
CERTAIN
AUTHORIZED 
FUNDS.— 
(1) IN GENERAL.—Not later than 30 days after 
the date of the distribution of obligation limitation 
under subsection (a), the Secretary shall distribute to 
the States any funds that— 
(A) are authorized to be appropriated for 
such fiscal year for Federal-aid highways pro-
grams; and 
(B) the Secretary determines will not be al-
located to the States, and will not be available 
for obligation, in such fiscal year due to the im-
position of any obligation limitation for such fis-
cal year.
188 
(2) RATIO.—Funds shall be distributed under 
paragraph (1) in the same ratio as the distribution 
of obligation authority under subsection (a)(6). 
(3) AVAILABILITY.—Funds distributed under 
paragraph (1) shall be available for any purposes de-
scribed in section 133(b) of title 23, United States 
Code. 
(f) SPECIAL LIMITATION CHARACTERISTICS.—Obliga-
tion limitation distributed for a fiscal year under sub-
section (a)(4) for the provision specified in subsection (a)(4) 
shall— 
(1) remain available until used for obligation of 
funds for that provision; and 
(2) be in addition to the amount of any limita-
tion imposed on obligations for Federal-aid highway 
and highway safety construction programs for future 
fiscal years. 
(g) HIGH PRIORITY PROJECT FLEXIBILITY.— 
(1) IN GENERAL.—Subject to paragraph (2), ob-
ligation authority distributed for such fiscal year 
under subsection (a)(4) for each project numbered 1 
through 3676 listed in the table contained in section 
1702 of the Safe, Accountable, Flexible, Efficient 
Transportation Equity Act: A Legacy for Users may
189 
be obligated for any other project in such section in 
the same State. 
(2) RESTORATION.—Obligation authority used 
as described in paragraph (1) shall be restored to the 
original purpose on the date on which obligation au-
thority is distributed under this section for the next 
fiscal year following obligation under paragraph (1). 
(h) LIMITATION
ON STATUTORY CONSTRUCTION.— 
Nothing in this section shall be construed to limit the dis-
tribution of obligation authority under subsection (a)(4)(A) 
for each of the individual projects numbered greater than 
3676 listed in the table contained in section 1702 of the 
Safe, Accountable, Flexible, Efficient Transportation Eq-
uity Act: A Legacy for Users. 
SEC. 121. Notwithstanding 31 U.S.C. 3302, funds re-
ceived by the Bureau of Transportation Statistics from the 
sale of data products, for necessary expenses incurred pur-
suant to 49 U.S.C. 111 may be credited to the Federal-aid 
highways account for the purpose of reimbursing the Bu-
reau for such expenses: Provided, That such funds shall be 
subject to the obligation limitation for Federal-aid high-
ways and highway safety construction. 
SEC. 122. There is hereby appropriated to the Sec-
retary of Transportation $165,000,000 for surface transpor-
tation priorities: Provided, That the amount provided by
190 
this section shall be made available for the programs, 
projects and activities identified under this section in the 
committee report accompanying this Act: Provided further, 
That funds provided by this section, at the request of a 
State, shall be transferred by the Secretary to another Fed-
eral agency: Provided further, That the Federal share pay-
able on account of any program, project, or activity carried 
out with funds set aside by this section shall be 100 percent: 
Provided further, That the sums set aside by this section 
shall remain available until expended: Provided further, 
That none of the funds set aside by this section shall be 
subject to any limitation on obligations for Federal-aid 
highways and highway safety construction programs set 
forth in this Act or any other Act. 
SEC. 123. There is hereby appropriated to the Sec-
retary of Transportation $1,400,000,000, to remain avail-
able through September 30, 2012: Provided, That of the 
funds provided under this section, $500,000,000 shall be 
made available to pay subsidy and administrative costs 
under chapter 6 of title 23, United States Code: Provided 
further, That after making the set-aside required under the 
preceding proviso, the funds provided under this section 
shall be apportioned to the States in the same ratio as the 
obligation limitation for fiscal year 2010 is distributed 
among the States in section 120(a)(6) of this Act, and made
191 
available for the restoration, repair, construction, and other 
activities eligible under paragraph (b) of section 133 of title 
23, United States Code: Provided further, That funds ap-
portioned under this section shall be administered as if ap-
portioned under chapter 1 of title 23, United States Code: 
Provided further, That the Federal share payable on ac-
count of any project or activity carried out with funds ap-
portioned under this section shall be 80 percent: Provided 
further, That funding provided under this section shall be 
in addition to any and all funds provided for fiscal year 
2010 in this or any other Act for ‘‘Federal-aid Highways’’ 
and shall not affect the distribution of funds provided for 
‘‘Federal-aid Highways’’ in any other Act: Provided fur-
ther, That the amounts made available under this section 
shall not be subject to any limitation on obligations for Fed-
eral-aid highways or highway safety construction programs 
set forth in any Act: Provided further, That section 1101(b) 
of Public Law 109–59 shall apply to funds apportioned 
under this heading. 
SEC. 124. Not less than 15 days prior to waiving, 
under his or her statutory authority, any Buy America re-
quirement for Federal-aid highway projects, the Secretary 
of Transportation shall make an informal public notice and 
comment opportunity on the intent to issue such waiver and 
the reasons therefor: Provided, That the Secretary shall pro-
192 
vide an annual report to the Appropriations Committees 
of the Congress on any waivers granted under the Buy 
America requirements. 
SEC. 125. (a) IN GENERAL.—Except as provided in 
subsection (b), none of the funds made available, limited, 
or otherwise affected by this Act shall be used to approve 
or otherwise authorize the imposition of any toll on any 
segment of highway located on the Federal-aid system in 
the State of Texas that— 
(1) as of the date of enactment of this Act, is not 
tolled; 
(2) is constructed with Federal assistance pro-
vided under title 23, United States Code; and 
(3) is in actual operation as of the date of enact-
ment of this Act. 
(b) EXCEPTIONS.— 
(1) NUMBER OF TOLL LANES.—Subsection (a) 
shall not apply to any segment of highway on the 
Federal-aid system described in that subsection that, 
as of the date on which a toll is imposed on the seg-
ment, will have the same number of non-toll lanes as 
were in existence prior to that date. 
(2) HIGH-OCCUPANCY VEHICLE LANES.—A high- 
occupancy vehicle lane that is converted to a toll lane 
shall not be subject to this section, and shall not be
195 
FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION 
MOTOR CARRIER SAFETY OPERATIONS AND PROGRAMS 
(LIQUIDATION OF CONTRACT AUTHORIZATION) 
(LIMITATION ON OBLIGATIONS) 
(HIGHWAY TRUST FUND) 
For payment of obligations incurred in the implemen-
tation, execution and administration of motor carrier safe-
ty operations and programs pursuant to section 31104(I) 
of title 49, United States Code, and sections 4127 and 4134 
of Public Law 109–59, $238,500,000, to be derived from the 
Highway Trust Fund (other than the Mass Transit Ac-
count), together with advances and reimbursements received 
by the Federal Motor Carrier Safety Administration, the 
sum of which shall remain available until expended: Pro-
vided, That none of the funds derived from the Highway 
Trust Fund in this Act shall be available for the implemen-
tation, execution or administration of programs, the obliga-
tions for which are in excess of $238,500,000, for ‘‘Motor 
Carrier Safety Operations and Programs’’ of which 
$8,543,000, to remain available for obligation until Sep-
tember 30, 2012, is for the research and technology program 
and $1,000,000 shall be available for commercial motor ve-
hicle operator’s grants to carry out section 4134 of Public 
Law 109–59: Provided further, That an additional 
$1,328,000 shall be appropriated from the General Fund
196 
for the execution and administration of motor carrier safety 
operations and programs: Provided further, That notwith-
standing any other provision of law, none of the funds 
under this heading for outreach and education shall be 
available for transfer: Provided further, That the Federal 
Motor Carrier Safety Administration shall transmit to 
Congress bi-annual reports on the agency’s ability to meet 
its requirement to conduct compliance reviews on high-risk 
carriers. 
MOTOR CARRIER SAFETY GRANTS 
(LIQUIDATION OF CONTRACT AUTHORIZATION) 
(LIMITATION ON OBLIGATIONS) 
(HIGHWAY TRUST FUND) 
(INCLUDING RESCISSION) 
For payment of obligations incurred in carrying out 
sections 31102, 31104(a), 31106, 31107, 31109, 31309, 
31313 of title 49, United States Code, and sections 4126 
and 4128 of Public Law 109–59, $310,070,000, to be de-
rived from the Highway Trust Fund (other than the Mass 
Transit Account) and to remain available until expended: 
Provided, That none of the funds in this Act shall be avail-
able for the implementation or execution of programs, the 
obligations for which are in excess of $310,070,000, for 
‘‘Motor Carrier Safety Grants’’; of which $212,070,000 shall 
be available for the motor carrier safety assistance program
197 
to carry out sections 31102 and 31104(a) of title 49, United 
States Code; $25,000,000 shall be available for the commer-
cial driver’s license improvements program to carry out sec-
tion 31313 of title 49, United States Code; $32,000,000 shall 
be available for the border enforcement grants program to 
carry out section 31107 of title 49, United States Code; 
$5,000,000 shall be available for the performance and reg-
istration information system management program to 
carry out sections 31106(b) and 31109 of title 49, United 
States Code; $25,000,000 shall be available for the commer-
cial vehicle information systems and networks deployment 
program to carry out section 4126 of Public Law 109–59; 
$3,000,000 shall be available for the safety data improve-
ment program to carry out section 4128 of Public Law 109– 
59; and $8,000,000 shall be available for the commercial 
driver’s license information system modernization program 
to carry out section 31309(e) of title 49, United States Code: 
Provided further, That of the funds made available for the 
motor carrier safety assistance program, $29,000,000 shall 
be available for audits of new entrant motor carriers: Pro-
vided further, That $1,530,000 in unobligated balances are 
permanently rescinded.
198 
MOTOR CARRIER SAFETY 
(HIGHWAY TRUST FUND) 
(RESCISSION) 
Of the amounts made available under this heading in 
prior appropriations Acts, $3,400,000 in unobligated bal-
ances are permanently rescinded. 
NATIONAL MOTOR CARRIER SAFETY PROGRAM 
(HIGHWAY TRUST FUND) 
(RESCISSION) 
Of the amounts made available under this heading in 
prior appropriations Acts, $400,000 in unobligated bal-
ances are permanently rescinded. 
ADMINISTRATIVE PROVISION—FEDERAL MOTOR CARRIER 
SAFETY ADMINISTRATION 
SEC. 135. Funds appropriated or limited in this Act 
shall be subject to the terms and conditions stipulated in 
section 350 of Public Law 107–87 and section 6901 of Pub-
lic Law 110–28, including that the Secretary submit a re-
port to the House and Senate Appropriations Committees 
annually on the safety and security of transportation into 
the United States by Mexico-domiciled motor carriers. 
NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION 
OPERATIONS AND RESEARCH 
For expenses necessary to discharge the functions of the 
Secretary, with respect to traffic and highway safety under
199 
subtitle C of title X of Public Law 109–59 and chapter 301 
and part C of subtitle VI of title 49, United States Code, 
$135,803,000, of which $31,670,000 shall remain available 
through September 30, 2011: Provided, That none of the 
funds appropriated by this Act may be obligated or ex-
pended to plan, finalize, or implement any rulemaking to 
add to section 575.104 of title 49 of the Code of Federal 
Regulations any requirement pertaining to a grading 
standard that is different from the three grading standards 
(treadwear, traction, and temperature resistance) already 
in effect. 
OPERATIONS AND RESEARCH 
(LIQUIDATION OF CONTRACT AUTHORIZATION) 
(LIMITATION ON OBLIGATIONS) 
(HIGHWAY TRUST FUND) 
For payment of obligations incurred in carrying out 
the provisions of 23 U.S.C. 403, $105,500,000 to be derived 
from the Highway Trust Fund (other than the Mass Transit 
Account) and to remain available until expended: Provided, 
That none of the funds in this Act shall be available for 
the planning or execution of programs the total obligations 
for which, in fiscal year 2010, are in excess of $105,500,000 
for programs authorized under 23 U.S.C. 403: Provided fur-
ther, That within the $105,500,000 obligation limitation for 
operations and research, $26,908,000 shall remain available
200 
until September 30, 2010 and shall be in addition to the 
amount of any limitation imposed on obligations for future 
years. 
NATIONAL DRIVER REGISTER 
(LIQUIDATION OF CONTRACT AUTHORIZATION) 
(LIMITATION ON OBLIGATIONS) 
(HIGHWAY TRUST FUND) 
For payment of obligations incurred in carrying out 
chapter 303 of title 49, United States Code, $4,000,000, to 
be derived from the Highway Trust Fund (other than the 
Mass Transit Account) and to remain available until ex-
pended: Provided, That none of the funds in this Act shall 
be available for the implementation or execution of pro-
grams the total obligations for which, in fiscal year 2010, 
are in excess of $4,000,000 for the National Driver Register 
authorized under such chapter. 
NATIONAL DRIVER REGISTER MODERNIZATION 
For an additional amount for the ‘‘National Driver 
Register’’ as authorized by chapter 303 of title 49, United 
States Code, $3,350,000, to remain available through Sep-
tember 30, 2011: Provided, That the funding made available 
under this heading shall be used to carry out the moderniza-
tion of the National Driver Register.
201 
HIGHWAY TRAFFIC SAFETY GRANTS 
(LIQUIDATION OF CONTRACT AUTHORIZATION) 
(LIMITATION ON OBLIGATIONS) 
(HIGHWAY TRUST FUND) 
For payment of obligations incurred in carrying out 
the provisions of 23 U.S.C. 402, 405, 406, 408, and 410 
and sections 2001(a)(11), 2009, 2010, and 2011 of Public 
Law 109–59, to remain available until expended, 
$619,500,000 to be derived from the Highway Trust Fund 
(other than the Mass Transit Account): Provided, That none 
of the funds in this Act shall be available for the planning 
or execution of programs the total obligations for which, in 
fiscal year 2010, are in excess of $619,500,000 for programs 
authorized under 23 U.S.C. 402, 405, 406, 408, and 410 
and sections 2001(a)(11), 2009, 2010, and 2011 of Public 
Law 109–59, of which $235,000,000 shall be for ‘‘Highway 
Safety Programs’’ under 23 U.S.C. 402; $25,000,000 shall 
be for ‘‘Occupant Protection Incentive Grants’’ under 23 
U.S.C. 405; $124,500,000 shall be for ‘‘Safety Belt Perform-
ance Grants’’ under 23 U.S.C. 406, and such obligation 
limitation shall remain available until September 30, 2011 
in accordance with subsection (f) of such section 406 and 
shall be in addition to the amount of any limitation im-
posed on obligations for such grants for future fiscal years; 
$34,500,000 shall be for ‘‘State Traffic Safety Information
203 
ADMINISTRATIVE PROVISIONS—NATIONAL HIGHWAY 
TRAFFIC SAFETY ADMINISTRATION 
SEC. 140. Notwithstanding any other provision of law 
or limitation on the use of funds made available under sec-
tion 403 of title 23, United States Code, an additional 
$130,000 shall be made available to the National Highway 
Traffic Safety Administration, out of the amount limited 
for section 402 of title 23, United States Code, to pay for 
travel and related expenses for State management reviews 
and to pay for core competency development training and 
related expenses for highway safety staff. 
SEC. 141. The limitations on obligations for the pro-
grams of the National Highway Traffic Safety Administra-
tion set in this Act shall not apply to obligations for which 
obligation authority was made available in previous public 
laws for multiple years but only to the extent that the obli-
gation authority has not lapsed or been used. 
SEC. 142. Of the amounts made available under the 
heading ‘‘Operations and Research (Liquidation of Con-
tract Authorization) (Limitation on Obligations) (Highway 
Trust Fund)’’ in prior appropriations Acts, $2,299,000 in 
unobligated balances are rescinded. 
SEC. 143. Of the amounts made available under the 
heading ‘‘Highway Traffic Safety Grants (Liquidation of 
Contract Authorization) (Limitation on Obligations)
204 
(Highway Trust Fund)’’ in prior appropriations Acts, 
$14,004,000 in unobligated balances are rescinded. 
FEDERAL RAILROAD ADMINISTRATION 
SAFETY AND OPERATIONS 
For necessary expenses of the Federal Railroad Admin-
istration, not otherwise provided for, $171,770,000, of which 
$12,300,000 shall remain available until expended. 
RAILROAD RESEARCH AND DEVELOPMENT 
For necessary expenses for railroad research and devel-
opment, $34,145,000, to remain available until expended. 
RAILROAD REHABILITATION AND IMPROVEMENT FINANCING 
PROGRAM 
The Secretary of Transportation is authorized to issue 
to the Secretary of the Treasury notes or other obligations 
pursuant to section 512 of the Railroad Revitalization and 
Regulatory Reform Act of 1976 (Public Law 94–210), as 
amended, in such amounts and at such times as may be 
necessary to pay any amounts required pursuant to the 
guarantee of the principal amount of obligations under sec-
tions 511 through 513 of such Act, such authority to exist 
as long as any such guaranteed obligation is outstanding: 
Provided, That pursuant to section 502 of such Act, as 
amended, no new direct loans or loan guarantee commit-
ments shall be made using Federal funds for the credit risk 
premium during fiscal year 2010.
205 
RAIL LINE RELOCATION AND IMPROVEMENT PROGRAM 
For necessary expenses of carrying out section 20154 
of title 49, United States Code, $25,000,000, to remain 
available until expended. 
RAILROAD SAFETY TECHNOLOGY PROGRAM 
For necessary expenses of carrying out section 20158 
of title 49, United States Code, $50,000,000, to remain 
available until expended: Provided, That to be eligible for 
assistance under this heading, an entity need not have de-
veloped plans required under subsection 20156(e)(2) of title 
49, United States Code, and section 20157 of such title. 
OPERATING GRANTS TO THE NATIONAL RAILROAD 
PASSENGER CORPORATION 
To enable the Secretary of Transportation to make 
quarterly grants to the National Railroad Passenger Cor-
poration for the operation of intercity passenger rail, as 
authorized by section 101 of the Passenger Rail Investment 
and Improvement Act of 2008 (division B of Public Law 
110–432), $553,348,000, to remain available until ex-
pended: Provided, That the Secretary shall not make the 
grants for the third and fourth quarter of the fiscal year 
available to the Corporation until an Inspector General who 
is a member of the Council of the Inspectors General on 
Integrity and Efficiency determines that the Corporation 
and the Corporation’s Inspector General have agreed upon
206 
a set of policies and procedures for interacting with each 
other that are consistent with the letter and the spirit of 
the Inspector General Act of 1978, as amended: Provided 
further, That 1 year after such determination is made, the 
Council of the Inspectors General on Integrity and Effi-
ciency shall appoint another member to evaluate the current 
operational independence of the Amtrak Inspector General: 
Provided further, That the Corporation shall reimburse each 
Inspector General for all costs incurred in conducting the 
determination and the evaluation required by the preceding 
two provisos: Provided further, That the amounts available 
under this paragraph shall be available for the Secretary 
to approve funding to cover operating losses for the Cor-
poration only after receiving and reviewing a grant request 
for each specific train route: Provided further, That each 
such grant request shall be accompanied by a detailed fi-
nancial analysis, revenue projection, and capital expendi-
ture projection justifying the Federal support to the Sec-
retary’s satisfaction: Provided further, That not later than 
60 days after enactment of this Act, the Corporation shall 
transmit to the Secretary, the Inspector General of the De-
partment of Transportation, and the House and Senate 
Committees on Appropriations a plan to achieve savings 
through operating efficiencies including, but not limited to, 
modifications to food and beverage service and first class
207 
service: Provided further, That the Inspector General of the 
Department of Transportation shall provide semiannual re-
ports to the House and Senate Committees on Appropria-
tions on the estimated savings accrued as a result of all 
operational reforms instituted by the Corporation: Provided 
further, That not later than 60 days after enactment of this 
Act, the Corporation shall transmit, in electronic format, 
to the Secretary, the Inspector General of Department of 
Transportation, the House and Senate Committees on Ap-
propriations, the House Committee on Transportation and 
Infrastructure and the Senate Committee on Commerce, 
Science, and Transportation the annual budget and busi-
ness plan and the 5-year financial plan for fiscal year 2010 
required under section 204 of the Passenger Rail Investment 
and Improvement Act of 2008: Provided further, That the 
plan shall also include a separate accounting of ridership, 
revenues, and capital and operating expenses for the North-
east Corridor; commuter service; long-distance Amtrak serv-
ice; State-supported service; each intercity train route, in-
cluding Autotrain; and commercial activities including 
contract operations: Provided further, That the business 
plan shall include a description of the capital investments 
to be funded, along with cost estimates and an estimated 
timetable for completion of the projects covered by this busi-
ness plan: Provided further, That the Corporation shall pro-
208 
vide semiannual reports in electronic format regarding the 
pending business plan, which shall describe the work com-
pleted to date, any changes to the business plan, and the 
reasons for such changes, and shall identify all sole source 
contract awards which shall be accompanied by a justifica-
tion as to why said contract was awarded on a sole source 
basis: Provided further, That the Corporation’s business 
plan and all subsequent supplemental plans shall be dis-
played on the Corporation’s website within a reasonable 
timeframe following their submission to the appropriate en-
tities: Provided further, That none of the funds under this 
heading may be obligated or expended until the Corporation 
agrees to continue abiding by the provisions of paragraphs 
1, 2, 5, 9, and 11 of the summary of conditions for the 
direct loan agreement of June 28, 2002, in the same manner 
as in effect on the date of enactment of this Act: Provided 
further, That concurrent with the President’s budget request 
for fiscal year 2011, the Corporation shall submit to the 
House and Senate Committees on Appropriations a budget 
request for fiscal year 2011 in similar format and substance 
to those submitted by executive agencies of the Federal Gov-
ernment.
209 
CAPITAL AND DEBT SERVICE GRANTS TO THE NATIONAL 
RAILROAD PASSENGER CORPORATION 
To enable the Secretary of Transportation to make 
grants to the National Railroad Passenger Corporation for 
capital investments as authorized by section 101(c) of the 
Passenger Rail Investment and Improvement Act of 2008 
(division B of Public Law 110–432), $1,001,625,000, to re-
main available until expended, of which not to exceed 
$264,000,000 shall be for debt service obligations as author-
ized by section 102 of such Act: Provided, That of the fund-
ing provided under this heading, not less than $144,000,000 
shall be for bringing the stations on the Corporation’s rail 
system into compliance with the Americans with Disabil-
ities Act: Provided further, That grants shall be provided 
to the Corporation only on a reimbursable basis: Provided 
further, That the Secretary may retain up to one-half of 
1 percent of the funds provided under this heading to fund 
the costs of project management oversight of capital projects 
funded by grants provided under this heading, as author-
ized by subsection 101(d) of division B of Public Law 110– 
432: Provided further, That the Secretary shall approve 
funding for capital expenditures, including advance pur-
chase orders of materials, for the Corporation only after re-
ceiving and reviewing a request for each specific capital 
project justifying the Federal support to the Secretary’s sat-
210 
isfaction: Provided further, That none of the funds under 
this heading may be used to subsidize operating losses of 
the Corporation: Provided further, That none of the funds 
under this heading may be used for capital projects not ap-
proved by the Secretary of Transportation or on the Cor-
poration’s fiscal year 2010 business plan: Provided further, 
That, the business plan shall be accompanied by a com-
prehensive fleet plan for all Amtrak rolling stock which 
shall address the Corporation’s detailed plans and time-
frames for the maintenance, refurbishment, replacement 
and expansion of the Amtrak fleet: Provided further, That 
said fleet plan shall establish year-specific goals and mile-
stones and discuss potential, current, and preferred financ-
ing options for all such activities. 
CAPITAL ASSISTANCE FOR HIGH SPEED RAIL CORRIDORS 
AND INTERCITY PASSENGER RAIL SERVICE 
To enable the Secretary of Transportation to make 
grants for high-speed rail projects as authorized under sec-
tion 26106 of title 49, United States Code, capital invest-
ment grants to support intercity passenger rail service as 
authorized under section 24406 of title 49, United States 
Code, and congestion grants as authorized under section 
24105 of title 49, United States Code, and to enter into 
cooperative agreements for these purposes as authorized, 
$1,200,000,000, to remain available until expended: Pro-
211 
vided, That none of the funds provided under this heading 
may be used for planning activities: Provided further, That 
not less than 75 percent of the funds provided under this 
heading shall be for cooperative agreements that lead to the 
development of entire segments or phases of intercity or 
high-speed rail corridors: Provided further, That the Sec-
retary shall issue interim guidance to applicants covering 
application procedures and administer the grants provided 
under this heading pursuant to that guidance until final 
regulations are issued: Provided further, That the Secretary 
shall not award grants under this heading sooner than 2 
weeks after he has submitted to the Congress a national rail 
plan as required by section 103(j) of title 49, United States 
Code: Provided further, That the Federal share payable of 
the costs for which a grant or cooperative agreements is 
made under this heading shall not exceed 80 percent: Pro-
vided further, That in addition to the provisions of title 
49, United States Code, that apply to each of the individual 
programs 
funded 
under 
this 
heading, 
subsections 
24402(a)(2), 24402(f), 24402(i), and 24403(a) and (c) of 
title 49, United States Code, shall also apply to the provi-
sion of funds provided under this heading: Provided further, 
That a project need not be in a State rail plan developed 
under Chapter 227 of title 49, United States Code, to be 
eligible for assistance under this heading: Provided further,
212 
That the Secretary shall give priority to applications under 
section 24406 of title 49, United States Code, to projects 
that improve the safety and reliability of intercity pas-
senger trains, involve a commitment by freight railroads 
to an enforceable on-time performance of passenger trains 
of 80 percent or greater, involve a commitment by freight 
railroads of financial resources commensurate with the ben-
efit expected to their operations, improve or extend service 
on a route that requires little or no Federal assistance for 
its operations, or involve a commitment by States or rail-
roads of financial resources to improve the safety of high-
way/rail grade crossings over which the passenger service 
operates: Provided further, That the Administrator of the 
Federal Railroad Administration may retain up to 
$50,000,000 of the funds provided under this heading for 
the purposes of conducting research, development and dem-
onstration of technologies and undertaking analyses sup-
porting development of high-speed rail in the United States, 
including implementation of the Rail Cooperative Research 
Program authorized by section 24910 of title 49, United 
States Code: Provided further, That in lieu of the provisions 
of the subsection 24403(b) of title 49, United States Code, 
the Administrator of the Federal Railroad Administration 
may retain up to $30,000,000 of the funds provided under 
this heading to fund the award and oversight by the Admin-
213 
istrator of grants and cooperative agreements for intercity 
and high speed rail. 
ADMINISTRATIVE PROVISIONS—FEDERAL RAILROAD 
ADMINISTRATION 
SEC. 151. The Secretary may purchase promotional 
items of nominal value for use in public outreach activities 
to accomplish the purposes of 49 U.S.C. 20134: Provided, 
That the Secretary shall prescribe guidelines for the admin-
istration of such purchases and use. 
SEC. 152. Hereafter, notwithstanding any other provi-
sion of law, funds provided in this Act for the National 
Railroad Passenger Corporation shall immediately cease to 
be available to said Corporation in the event that the Cor-
poration contracts to have services provided at or from any 
location outside the United States. For purposes of this sec-
tion, the word ‘‘services’’ shall mean any service that was, 
as of July 1, 2006, performed by a full-time or part-time 
Amtrak employee whose base of employment is located with-
in the United States. 
SEC. 153. The Secretary of Transportation may re-
ceive and expend cash, or receive and utilize spare parts 
and similar items, from non-United States Government 
sources to repair damages to or replace United States Gov-
ernment owned automated track inspection cars and equip-
ment as a result of third party liability for such damages,
214 
and any amounts collected under this section shall be cred-
ited directly to the Safety and Operations account of the 
Federal Railroad Administration, and shall remain avail-
able until expended for the repair, operation and mainte-
nance of automated track inspection cars and equipment 
in connection with the automated track inspection program. 
SEC. 154. The Federal Railroad Administrator shall 
submit a quarterly report on April 1, 2009, and quarterly 
reports thereafter, to the House and Senate Committees on 
Appropriations detailing the Administrator’s efforts at im-
proving the on-time performance of Amtrak intercity rail 
service operating on non-Amtrak owned property. Such re-
ports shall compare the most recent actual on-time perform-
ance data to pre-established on-time performance goals that 
the Administrator shall set for each rail service, identified 
by route. Such reports shall also include whatever other in-
formation and data regarding the on-time performance of 
Amtrak trains the Administrator deems to be appropriate. 
The amounts made available in this title under the heading 
‘‘Office of the Secretary, Salaries and Expenses’’ shall be 
reduced $100,000 for each day after the first day of each 
quarter that the quarterly reports required by this section 
are not submitted to the Congress. 
SEC. 155. Notwithstanding any other provision of law, 
funds provided in Public Law 111–8 for ‘‘Lincoln Avenue
215 
Grade Separation, Port of Tacoma, Washington’’ shall be 
made available for this project as therein described. 
FEDERAL TRANSIT ADMINISTRATION 
ADMINISTRATIVE EXPENSES 
(INCLUDING TRANSFER OF FUNDS) 
For necessary administrative expenses of the Federal 
Transit Administration’s programs authorized by chapter 
53 of title 49, United States Code, $97,478,000: Provided, 
That of the funds available under this heading, not to exceed 
$1,809,000 shall be available for travel: Provided further, 
That none of the funds provided or limited in this Act may 
be used to create a permanent office of transit security 
under this heading: Provided further, That $75,000 shall 
be paid from appropriations made available by this Act 
and provided to the Department of Transportation’s Office 
of Inspector General through reimbursement to conduct the 
annual audits of financial statements in accordance with 
section 3521 of title 31, United States Code: Provided fur-
ther, That upon submission to the Congress of the fiscal year 
2010 President’s budget, the Secretary of Transportation 
shall transmit to Congress the annual report on new starts, 
including proposed allocations of funds for fiscal year 2011.
216 
FORMULA AND BUS GRANTS 
(LIQUIDATION OF CONTRACT AUTHORITY) 
(LIMITATION ON OBLIGATIONS) 
(HIGHWAY TRUST FUND) 
For payment of obligations incurred in carrying out 
the provisions of 49 U.S.C. 5305, 5307, 5308, 5309, 5310, 
5311, 5316, 5317, 5320, 5335, 5339, and 5340 and section 
3038 of Public Law 105–178, as amended, $9,400,000,000 
to be derived from the Mass Transit Account of the High-
way Trust Fund and to remain available until expended: 
Provided, That funds available for the implementation or 
execution of programs authorized under 49 U.S.C. 5305, 
5307, 5308, 5309, 5310, 5311, 5316, 5317, 5320, 5335, 
5339, and 5340 and section 3038 of Public Law 105–178, 
as amended, shall not exceed total obligations of 
$8,343,171,000 in fiscal year 2010. 
RESEARCH AND UNIVERSITY RESEARCH CENTERS 
For necessary expenses to carry out 49 U.S.C. 5306, 
5312–5315, 5322, and 5506, $67,670,000, to remain avail-
able until expended: Provided, That $10,000,000 is avail-
able to carry out the transit cooperative research program 
under section 5313 of title 49, United States Code, 
$4,300,000 is available for the National Transit Institute 
under section 5315 of title 49, United States Code, and 
$7,000,000 is available for university transportation cen-
217 
ters program under section 5506 of title 49, United States 
Code: Provided further, That $50,170,000 is available to 
carry out national research programs under sections 5312, 
5313, 5314, and 5322 of title 49, United States Code: Pro-
vided further, That of the funds available to carry out sec-
tion 5312 of title 49, United States Code, $5,000,000 shall 
be available to the Secretary to develop standards for asset 
management plans, provide technical assistance to recipi-
ents engaged in the development or implementation of an 
asset management plan, improve data collection through the 
National Transit Database, and conduct a pilot program 
designed to identify the best practices of asset management. 
CAPITAL INVESTMENT GRANTS 
For necessary expenses to carry out section 5309 of 
title 49, United States Code, $2,307,343,000, to remain 
available 
until 
expended, 
of 
which 
no 
less 
than 
$200,000,000 is for section 5309(e) of such title: Provided, 
That $2,000,000 shall be transferred to the Department of 
Transportation Office of Inspector General from funds set 
aside for the execution of oversight contracts pursuant to 
section 5327(c) of title 49, United States Code, for costs as-
sociated with audits and investigations of transit-related 
issues, including reviews of new fixed guideway systems.
218 
GRANTS FOR ENERGY EFFICIENCY AND GREENHOUSE GAS 
REDUCTIONS 
For grants to public transit agencies for capital invest-
ments that will reduce the energy consumption or green-
house gas emissions of their public transportation systems, 
$100,000,000, to remain available through September 30, 
2012: Provided, That priority shall be given to projects 
based on the total energy savings that are projected to result 
from the investments, and the projected energy savings as 
a percentage of the total energy usage of the public transit 
agency: Provided further, That the Secretary shall public 
criteria on which to base the competition for any grants 
awarded under this heading no sooner than 90 days after 
the enactment of this Act, require applications for funding 
provided under this heading to be submitted no sooner than 
120 days after the publication of such criteria, and an-
nounce all projects selected to be funded from funds provided 
under this heading no sooner than September 15, 2010. 
GRANTS TO THE WASHINGTON METROPOLITAN AREA 
TRANSIT AUTHORITY 
For grants to the Washington Metropolitan Area Tran-
sit Authority as authorized under section 601 of Public Law 
110–432, $150,000,000, to remain available through Sep-
tember 30, 2012: Provided, That the Secretary shall approve 
grants for capital and preventive maintenance expenditures
219 
for the Washington Metropolitan Area Transit Authority 
only after receiving and reviewing a request for each spe-
cific project: Provided further, That prior to approving such 
grants, the Secretary shall determine that the Washington 
Metropolitan Area Transit Authority has placed the highest 
priority on those investments that will improve the safety 
of the system, including but not limited to fixing the track 
signal system, replacing the 1000 series cars, installing 
guarded turnouts, buying equipment for wayside worker 
protection, and installing rollback protection on cars that 
are not equipped with this safety feature. 
ADMINISTRATIVE PROVISIONS—FEDERAL TRANSIT 
ADMINISTRATION 
SEC. 160. The limitations on obligations for the pro-
grams of the Federal Transit Administration shall not 
apply to any authority under 49 U.S.C. 5338, previously 
made available for obligation, or to any other authority pre-
viously made available for obligation. 
SEC. 161. Notwithstanding any other provision of law, 
funds appropriated or limited by this Act under ‘‘Federal 
Transit Administration, Capital Investment Grants’’ and 
for bus and bus facilities under ‘‘Federal Transit Adminis-
tration, Formula and Bus Grants’’ for projects specified in 
this Act or identified in reports accompanying this Act not 
obligated by September 30, 2012, and other recoveries, shall
220 
be directed to projects eligible to use the funds for the pur-
poses for which they were originally provided. 
SEC. 162. Notwithstanding any other provision of law, 
any funds appropriated before October 1, 2009, under any 
section of chapter 53 of title 49, United States Code, that 
remain available for expenditure, may be transferred to and 
administered under the most recent appropriation heading 
for any such section. 
SEC. 163. Notwithstanding any other provision of law, 
unobligated funds made available for new fixed guideway 
system projects under the heading ‘‘Federal Transit Admin-
istration, Capital investment grants’’ in any appropria-
tions Act prior to this Act may be used during this fiscal 
year to satisfy expenses incurred for such projects. 
SEC. 164. None of the funds provided or limited under 
this Act may be used to issue a final regulation under sec-
tion 5309 of title 49, United States Code, except that the 
Federal Transit Administration may continue to review 
comments received on the proposed rule (Docket No. FTA– 
2006–25737). 
SEC. 165. Funds made available for Alaska or Hawaii 
ferry boats or ferry terminal facilities pursuant to 49 
U.S.C. 5309(m)(2)(B) may be used to construct new vessels 
and facilities, or to improve existing vessels and facilities, 
including both the passenger and vehicle-related elements of
221 
such vessels and facilities, and for repair facilities: Pro-
vided, That not more than $4,000,000 of the funds made 
available pursuant to 49 U.S.C. 5309(m)(2)(B) may be 
used by the City and County of Honolulu to operate a pas-
senger ferry boat service demonstration project to test the 
viability of different intra-island ferry boat routes and tech-
nologies. 
SEC. 166. Hereafter, the local share of the costs of the 
Woodward Avenue Corridor projects funded under section 
5309 shall include, at the option of the project sponsor, any 
portion of the corridor advanced with 100 percent non-Fed-
eral funds. 
SEC. 167. The Secretary of Transportation shall pro-
vide recommendations to Congress, including legislative 
proposals, on how to strengthen its role in regulating the 
safety of transit agencies operating heavy rail on fixed 
guideway: Provided, That the Secretary shall include ac-
tions the Department of Transportation will take and what 
additional legislative authorities it may need in order to 
fully implement recommendations of the National Trans-
portation Safety Board directed at the Federal Transit Ad-
ministration, including but not limited to recommendations 
related to crashworthiness, emergency access and egress, 
event recorders, and hours of service: Provided further, That 
the Secretary shall transmit to the House and Senate Com-
222 
mittees on Appropriations a report outlining these rec-
ommendations and a plan for their implementation by the 
Department of Transportation no later than 45 days after 
enactment of this Act. 
SEC. 168. Notwithstanding any other provision of law, 
the Secretary of Transportation shall not reallocate any 
funding made available for items 523, 267, and 131 of sec-
tion 3044 of the Safe, Accountable, Flexible, Efficient 
Transportation Equity Act: A Legacy for Users (Public 
Law 109–59). 
SEC. 169. Notwithstanding any other provision of law, 
the limitation on the total estimated amount of future obli-
gations of the Government and contingent commitments to 
incur obligations covered by all outstanding letters of in-
tent, full funding grant agreements, and early systems work 
agreements under subsection 5338(g) of title 49, United 
States Code, may not be more than the sum of the amount 
authorized under sections 5338(a)(3) and 5338(c) of title 
49, United States Code, for such projects and an amount 
equivalent to the last 5 fiscal years of funding allocated 
under subsections 5309(m)(1)(A) and 5309(m)(2)(A)(ii) of 
title 49, United States Code, for such projects, less an 
amount the Secretary of Transportation reasonably esti-
mates is necessary for grants under section 5309 of title
223 
49, United States Code, for those of such projects that are 
not covered by a letter or agreement. 
SEC. 170. None of the funds provided or limited under 
this Act may be used to enforce regulations related to char-
ter bus service under part 604 of title 49, Code of Federal 
Regulations, in the State of Washington. 
SEC. 171. Hereafter, for interstate multi-modal 
projects which are in Interstate highway corridors, the Sec-
retary shall base the rating under section 5309(d) of title 
49, United States Code, of the non-New Starts share of the 
public transportation element of the project on the percent-
age of non-New Starts funds in the unified finance plan 
for the multi-modal project: Provided, That the Secretary 
shall base the accounting of local matching funds on the 
total amount of all local funds incorporated in the unified 
finance plan for the multi-modal project for the purposes 
of funding under chapter 53 of title 49, United States Code 
and title 23, United States Code: Provided further, That 
the Secretary shall evaluate the justification for the project 
under section 5309(d) of title 49, United States Code, in-
cluding cost effectiveness, on the public transportation costs 
and public transportation benefits. 
SAINT LAWRENCE SEAWAY DEVELOPMENT CORPORATION 
The Saint Lawrence Seaway Development Corpora-
tion is hereby authorized to make such expenditures, within
224 
the limits of funds and borrowing authority available to 
the Corporation, and in accord with law, and to make such 
contracts and commitments without regard to fiscal year 
limitations as provided by section 104 of the Government 
Corporation Control Act, as amended, as may be necessary 
in carrying out the programs set forth in the Corporation’s 
budget for the current fiscal year. 
OPERATIONS AND MAINTENANCE 
(HARBOR MAINTENANCE TRUST FUND) 
For necessary expenses for operations, maintenance, 
and capital asset renewal of those portions of the Saint 
Lawrence Seaway owned, operated, and maintained by the 
Saint 
Lawrence 
Seaway 
Development 
Corporation, 
$32,324,000, to be derived from the Harbor Maintenance 
Trust Fund, pursuant to Public Law 99–662. 
MARITIME ADMINISTRATION 
MARITIME SECURITY PROGRAM 
For necessary expenses to maintain and preserve a 
U.S.-flag merchant fleet to serve the national security needs 
of the United States, $174,000,000, to remain available 
until expended. 
OPERATIONS AND TRAINING 
For necessary expenses of operations and training ac-
tivities authorized by law, $154,900,000, of which 
$11,240,000 shall remain available until expended for
225 
maintenance and repair of training ships at State Mari-
time Schools Academies, and of which $15,000,000 shall re-
main available until expended for capital improvements at 
the United States Merchant Marine Academy, and of which 
$59,057,000 shall be available for operations at the United 
States Merchant Marine Academy: Provided, That amounts 
apportioned for the United States Merchant Marine Acad-
emy shall be available only upon allotments made person-
ally by the Secretary of Transportation and not a designee: 
Provided further, That the Superintendent, Deputy Super-
intendent and the Director of the Office of Resource Man-
agement of the United States Merchant Marine Academy 
may not be allotment holders for the United States Mer-
chant Marine Academy, and the Administrator of Maritime 
Administration shall hold all allotments made by the Sec-
retary of Transportation under the previous proviso: Pro-
vided further, That 50 percent of the funding made avail-
able for the United States Merchant Marine Academy under 
this heading shall be available only after the Secretary, in 
consultation with the Superintendent and the Maritime Ad-
ministration, completes a plan detailing by program or ac-
tivity and by object class how such funding will be expended 
at the Academy, and this plan is submitted to the House 
and Senate Committees on Appropriations.
226 
SHIP DISPOSAL 
For necessary expenses related to the disposal of obso-
lete vessels in the National Defense Reserve Fleet of the Mar-
itime Administration, $15,000,000, to remain available 
until expended. 
ASSISTANCE TO SMALL SHIPYARDS 
To make grants to qualified shipyards as authorized 
under section 3508 of Public Law 110–417 or section 54101 
of title 46, United States Code, $17,500,000, to remain 
available until expended: Provided, That to be considered 
for assistance, a qualified shipyard shall submit an appli-
cation for assistance no later than 60 days after enactment 
of this Act: Provided further, That from applications sub-
mitted under the previous proviso, the Secretary of Trans-
portation shall make grants no later than 120 days after 
enactment of this Act in such amounts as the Secretary de-
termines: Provided further, That not to exceed 2 percent of 
the funds appropriated under this heading shall be avail-
able for necessary costs of grant administration. 
MARITIME GUARANTEED LOAN (TITLE XI) PROGRAM 
ACCOUNT 
(INCLUDING TRANSFER OF FUNDS) 
For the cost of guaranteed loans, as authorized, 
$14,000,000, of which $10,000,000 shall remain available 
until expended: Provided, That such costs, including the
227 
cost of modifying such loans, shall be as defined in section 
502 of the Congressional Budget Act of 1974, as amended: 
Provided further, That not to exceed $4,000,000 shall be 
available for administrative expenses to carry out the guar-
anteed loan program, which shall be transferred to and 
merged with the appropriation for ‘‘Operations and Train-
ing’’, Maritime Administration. 
ADMINISTRATIVE PROVISIONS—MARITIME ADMINISTRATION 
SEC. 175. Notwithstanding any other provision of this 
Act, the Maritime Administration is authorized to furnish 
utilities and services and make necessary repairs in connec-
tion with any lease, contract, or occupancy involving Gov-
ernment property under control of the Maritime Adminis-
tration, and payments received therefor shall be credited to 
the appropriation charged with the cost thereof: Provided, 
That rental payments under any such lease, contract, or 
occupancy for items other than such utilities, services, or 
repairs shall be covered into the Treasury as miscellaneous 
receipts. 
SEC. 176. Section 51314 of title 46, United States 
Code, is amended in subsection (b) by inserting at the end 
‘‘Such fees shall be credited to the Maritime Administra-
tion’s Operations and Training appropriation, to remain 
available until expended, for those expenses directly related 
to the purposes of the fees. Fees collected in excess of actual
228 
expenses may be refunded to the Midshipmen through a 
mechanism approved by the Secretary. The Academy shall 
maintain a separate and detailed accounting of fee revenue 
and all associated expenses.’’ 
PIPELINE AND HAZARDOUS MATERIALS SAFETY 
ADMINISTRATION 
ADMINISTRATIVE EXPENSES 
(PIPELINE SAFETY FUND) 
(INCLUDING TRANSFER OF FUNDS) 
For necessary administrative expenses of the Pipeline 
and 
Hazardous 
Materials 
Safety 
Administration, 
$19,968,000, of which $639,000 shall be derived from the 
Pipeline Safety Fund: Provided, That $1,000,000 shall be 
transferred to ‘‘Pipeline Safety’’ in order to fund ‘‘Pipeline 
safety information grants to communities’’ as authorized in 
section 60130 of title 49, United States Code. 
HAZARDOUS MATERIALS SAFETY 
For expenses necessary to discharge the hazardous ma-
terials safety functions of the Pipeline and Hazardous Ma-
terials Safety Administration, $35,500,000, of which 
$1,699,000 shall remain available until September 30, 
2012: Provided, That up to $800,000 in fees collected under 
49 U.S.C. 5108(g) shall be deposited in the general fund 
of the Treasury as offsetting receipts: Provided further, That 
there may be credited to this appropriation, to be available
229 
until expended, funds received from States, counties, mu-
nicipalities, other public authorities, and private sources 
for expenses incurred for training, for reports publication 
and dissemination, and for travel expenses incurred in per-
formance of hazardous materials exemptions and approvals 
functions. 
PIPELINE SAFETY 
(PIPELINE SAFETY FUND) 
(OIL SPILL LIABILITY TRUST FUND) 
For expenses necessary to conduct the functions of the 
pipeline safety program, for grants-in-aid to carry out a 
pipeline safety program, as authorized by 49 U.S.C. 60107, 
and to discharge the pipeline program responsibilities of 
the Oil Pollution Act of 1990, $105,239,000, of which 
$18,905,000 shall be derived from the Oil Spill Liability 
Trust Fund and shall remain available until September 30, 
2012; and of which $86,334,000 shall be derived from the 
Pipeline Safety Fund, of which $47,332,000 shall remain 
available until September 30, 2012: Provided, That not less 
than $1,043,000 of the funds provided under this heading 
shall be for the one-call State grant program. 
EMERGENCY PREPAREDNESS GRANTS 
(EMERGENCY PREPAREDNESS FUND) 
For necessary expenses to carry out 49 U.S.C. 5128(b), 
$188,000, to be derived from the Emergency Preparedness
230 
Fund, to remain available until September 30, 2011: Pro-
vided, That not more than $28,318,000 shall be made avail-
able for obligation in fiscal year 2010 from amounts made 
available by 49 U.S.C. 5116(I) and 5128(b)–(c): Provided 
further, That none of the funds made available by 49 U.S.C. 
5116(I), 5128(b), or 5128(c) shall be made available for ob-
ligation by individuals other than the Secretary of Trans-
portation, or his or her designee. 
RESEARCH AND INNOVATIVE TECHNOLOGY 
ADMINISTRATION 
RESEARCH AND DEVELOPMENT 
For necessary expenses of the Research and Innovative 
Technology 
Administration, 
$13,179,000, 
of 
which 
$6,036,000 shall remain available until September 30, 
2012: Provided, That there may be credited to this appro-
priation, to be available until expended, funds received from 
States, counties, municipalities, other public authorities, 
and private sources for expenses incurred for training. 
OFFICE OF INSPECTOR GENERAL 
SALARIES AND EXPENSES 
For necessary expenses of the Office of Inspector Gen-
eral to carry out the provisions of the Inspector General 
Act of 1978, as amended, $75,389,000: Provided, That the 
Inspector General shall have all necessary authority, in car-
rying out the duties specified in the Inspector General Act,
231 
as amended (5 U.S.C. App. 3), to investigate allegations 
of fraud, including false statements to the government (18 
U.S.C. 1001), by any person or entity that is subject to 
regulation by the Department: Provided further, That the 
funds made available under this heading shall be used to 
investigate, pursuant to section 41712 of title 49, United 
States Code: (1) unfair or deceptive practices and unfair 
methods of competition by domestic and foreign air carriers 
and ticket agents; and (2) the compliance of domestic and 
foreign air carriers with respect to item (1) of this proviso. 
SURFACE TRANSPORTATION BOARD 
SALARIES AND EXPENSES 
For necessary expenses of the Surface Transportation 
Board, including services authorized by 5 U.S.C. 3109, 
$28,332,000: Provided, That notwithstanding any other 
provision of law, not to exceed $1,250,000 from fees estab-
lished by the Chairman of the Surface Transportation 
Board shall be credited to this appropriation as offsetting 
collections and used for necessary and authorized expenses 
under this heading: Provided further, That the sum herein 
appropriated from the general fund shall be reduced on a 
dollar-for-dollar basis as such offsetting collections are re-
ceived during fiscal year 2010, to result in a final appro-
priation from the general fund estimated at no more than 
$27,082,000.
232 
GENERAL PROVISIONS—DEPARTMENT OF 
TRANSPORTATION 
SEC. 180. During the current fiscal year applicable 
appropriations to the Department of Transportation shall 
be available for maintenance and operation of aircraft; hire 
of passenger motor vehicles and aircraft; purchase of liabil-
ity insurance for motor vehicles operating in foreign coun-
tries on official department business; and uniforms or al-
lowances therefor, as authorized by law (5 U.S.C. 5901– 
5902). 
SEC. 181. Appropriations contained in this Act for the 
Department of Transportation shall be available for services 
as authorized by 5 U.S.C. 3109, but at rates for individuals 
not to exceed the per diem rate equivalent to the rate for 
an Executive Level IV. 
SEC. 182. None of the funds in this Act shall be avail-
able for salaries and expenses of more than 110 political 
and Presidential appointees in the Department of Trans-
portation: Provided, That none of the personnel covered by 
this provision may be assigned on temporary detail outside 
the Department of Transportation. 
SEC. 183. None of the funds in this Act shall be used 
to implement section 404 of title 23, United States Code. 
SEC. 184. (a) No recipient of funds made available in 
this Act shall disseminate personal information (as defined
233 
in 18 U.S.C. 2725(3)) obtained by a State department of 
motor vehicles in connection with a motor vehicle record 
as defined in 18 U.S.C. 2725(1), except as provided in 18 
U.S.C. 2721 for a use permitted under 18 U.S.C. 2721. 
(b) Notwithstanding subsection (a), the Secretary shall 
not withhold funds provided in this Act for any grantee 
if a State is in noncompliance with this provision. 
SEC. 185. Funds received by the Federal Highway Ad-
ministration, Federal Transit Administration, and Federal 
Railroad Administration from States, counties, municipali-
ties, other public authorities, and private sources for ex-
penses incurred for training may be credited respectively 
to the Federal Highway Administration’s ‘‘Federal-Aid 
Highways’’ account, the Federal Transit Administration’s 
‘‘Research and University Research Centers’’ account, and 
to the Federal Railroad Administration’s ‘‘Safety and Op-
erations’’ account, except for State rail safety inspectors 
participating in training pursuant to 49 U.S.C. 20105. 
SEC. 186. Funds provided or limited in this Act under 
the appropriate accounts within the Federal Highway Ad-
ministration, the Federal Railroad Administration and the 
Federal Transit Administration shall be for the eligible pro-
grams, projects and activities in the corresponding amounts 
identified in the committee report accompanying this Act 
for ‘‘Ferry Boats and Ferry Terminal Facilities’’, ‘‘Federal
234 
Lands’’, ‘‘Interstate Maintenance Discretionary’’, ‘‘Trans-
portation, Community and System Preservation Program’’, 
‘‘Delta Region Transportation Development Program’’, 
‘‘Rail Line Relocation and Improvement Program’’, ‘‘Rail- 
highway crossing hazard eliminations’’, ‘‘Capital Invest-
ment Grants’’, ‘‘Alternatives analysis’’, and ‘‘Bus and bus 
facilities’’. 
SEC. 187. Notwithstanding any other provisions of 
law, rule or regulation, the Secretary of Transportation is 
authorized to allow the issuer of any preferred stock here-
tofore sold to the Department to redeem or repurchase such 
stock upon the payment to the Department of an amount 
determined by the Secretary. 
SEC. 188. None of the funds in this Act to the Depart-
ment of Transportation may be used to make a grant unless 
the Secretary of Transportation notifies the House and Sen-
ate Committees on Appropriations not less than 3 full busi-
ness days before any discretionary grant award, letter of 
intent, or full funding grant agreement totaling $1,000,000 
or more is announced by the department or its modal ad-
ministrations from: (1) any discretionary grant program 
of the Federal Highway Administration including the emer-
gency relief program; (2) the airport improvement program 
of the Federal Aviation Administration; (3) any grant from 
the Federal Railroad Administration; or (4) any program
235 
of the Federal Transit Administration other than the for-
mula grants and fixed guideway modernization programs: 
Provided, That the Secretary gives concurrent notification 
to the House and Senate Committees on Appropriations for 
any ‘‘quick release’’ of funds from the emergency relief pro-
gram: Provided further, That no notification shall involve 
funds that are not available for obligation. 
SEC. 189. Rebates, refunds, incentive payments, minor 
fees and other funds received by the Department of Trans-
portation from travel management centers, charge card pro-
grams, the subleasing of building space, and miscellaneous 
sources are to be credited to appropriations of the Depart-
ment of Transportation and allocated to elements of the De-
partment of Transportation using fair and equitable cri-
teria and such funds shall be available until expended. 
SEC. 190. Amounts made available in this or any other 
Act that the Secretary determines represent improper pay-
ments by the Department of Transportation to a third- 
party contractor under a financial assistance award, which 
are recovered pursuant to law, shall be available— 
(1) to reimburse the actual expenses incurred by 
the Department of Transportation in recovering im-
proper payments; and 
(2) to pay contractors for services provided in re-
covering improper payments or contractor support in
236 
the implementation of the Improper Payments Infor-
mation Act of 2002: Provided, That amounts in excess 
of that required for paragraphs (1) and (2)— 
(A) shall be credited to and merged with the 
appropriation from which the improper pay-
ments were made, and shall be available for the 
purposes and period for which such appropria-
tions are available; or 
(B) if no such appropriation remains avail-
able, shall be deposited in the Treasury as mis-
cellaneous receipts: Provided further, That prior 
to the transfer of any such recovery to an appro-
priations account, the Secretary shall notify to 
the House and Senate Committees on Appropria-
tions of the amount and reasons for such trans-
fer: Provided further, That for purposes of this 
section, the term ‘‘improper payments’’, has the 
same meaning as that provided in section 
2(d)(2) of Public Law 107–300. 
SEC. 191. Notwithstanding any other provision of law, 
if any funds provided in or limited by this Act are subject 
to a reprogramming action that requires notice to be pro-
vided to the House and Senate Committees on Appropria-
tions, said reprogramming action shall be approved or de-
nied solely by the Committees on Appropriations: Provided,
237 
That the Secretary may provide notice to other congres-
sional committees of the action of the Committees on Appro-
priations on such reprogramming but not sooner than 30 
days following the date on which the reprogramming action 
has been approved or denied by the House and Senate Com-
mittees on Appropriations. 
SEC. 192. None of the funds appropriated or otherwise 
made available under this Act may be used by the Surface 
Transportation Board of the Department of Transportation 
to charge or collect any filing fee for rate complaints filed 
with the Board in an amount in excess of the amount au-
thorized for district court civil suit filing fees under section 
1914 of title 28, United States Code. 
SEC. 193. Notwithstanding section 3324 of Title 31, 
United States Code, in addition to authority provided by 
section 327 of title 49, United States Code, the Depart-
ment’s Working Capital fund is hereby authorized to pro-
vide payments in advance to vendors that are necessary to 
carry out the Federal transit pass transportation fringe 
benefit program under Executive Order 13150 and section 
3049 of Public Law 109–59: Provided, that the Department 
shall include adequate safeguards in the contract with the 
vendors to ensure timely and high quality performance 
under the contract.
238 
SEC. 194. (a) IN GENERAL.—Section 127(a)(11) of 
title 23, United States Code, is amended by striking ‘‘that 
portion of the Maine Turnpike designated Route 95 and 
495, and that portion of Interstate Route 95 from the south-
ern terminus of the Maine Turnpike to the New Hampshire 
State line, laws (including regulations)’’ and inserting ‘‘all 
portions of the Interstate Highway System in the State, 
laws (including regulations)’’. 
(b) PERIOD
OF EFFECTIVENESS.—The amendment 
made by subsection (a) shall be in effect during the 1-year 
period beginning on the date of enactment of this Act. 
(c) REVERSION.—Effective as of the date that is 366 
days after the date of enactment of this Act, section 
127(a)(11) of title 23, United States Code, is amended by 
striking ‘‘all portions of the Interstate Highway System in 
the State, laws (including regulations)’’ and inserting ‘‘that 
portion of the Maine Turnpike designated Route 95 and 
495, and that portion of Interstate Route 95 from the south-
ern terminus of the Maine Turnpike to the New Hampshire 
State line, laws (including regulations)’’. 
SEC. 195. The Secretary shall initiate an independent 
and comprehensive study and analysis to supplement that 
authorized under section 108, division C, of Public Law 
111–8: Provided, That the Department of Transportation 
shall work with and coordinate with the Departments of
239 
Energy, Commerce and Agriculture to develop a comprehen-
sive understanding of the full value of river flow support 
to users in the Mississippi and Missouri Rivers: Provided 
further, That subjects of analysis shall include energy (in-
cluding hydropower and generation cooling), and water 
transport (including water-compelled rates, projected total 
transportation congestion considerations, transportation 
energy efficiency, air quality and carbon emissions) and 
water users (including the number and distribution of peo-
ple, households, municipalities, and business throughout the 
Missouri and Mississippi River basins who use river water 
for multiple purposes): Provided further, That in addition 
to understanding current value, the Department is directed 
to work with appropriate Federal partners to develop rec-
ommendations on how to minimize impediments to growth 
and maximize water value of benefits related to energy pro-
duction and efficiency, congestion relief, trade and trans-
port efficiency, and air quality: Provided further, That the 
Department of Transportation shall provide its analysis 
and recommendations to the U.S. Army Corps of Engineers, 
the White House, and the Congress: Provided further, That 
$2,000,000 is available until expended for such purposes. 
SEC. 196. Notwithstanding any other provision of law, 
funds made available under section 330 of the Fiscal Year 
2002 Department of Transportation and Related Agencies
240 
Appropriations Act (Public Law 107–87) for the Las Vegas, 
Nevada Monorail Project, funds made available under sec-
tion 115 of the Fiscal Year 2004 Transportation, Treasury 
and Independent Agencies Appropriations Act (Public Law 
108–199) for the North Las Vegas Intermodal Transit Hub, 
and funds made available for the CATRAIL RTC Rail 
Project, Nevada in the Fiscal Year 2005 Transportation, 
Treasury, Independent Agencies and General Government 
Appropriations Act (Public Law 108–447), as well as any 
unexpended funds in the Federal Transit Administration 
grant numbers NV–03–0024 and NV–03–0027, shall be 
made available until expended to the Regional Transpor-
tation Commission of Southern Nevada for bus and bus- 
related projects and bus rapid transit projects: Provided, 
That the funds made available for a project in accordance 
with this section shall be administered under the terms and 
conditions set forth in 49 U.S.C. 5307, to the extent appli-
cable. 
This title may be cited as the ‘‘Department of Trans-
portation Appropriations Act, 2010’’.
242 
to exceed $3,497,000 shall be available to the Office of the 
Assistant Secretary for Housing, Federal Housing Commis-
sioner; not to exceed $1,097,000 shall be available to the 
Office of the Assistant Secretary for Policy Development 
and Research; and not to exceed $928,000 shall be available 
to the Office of the Assistant Secretary for Fair Housing 
and Equal Opportunity: Provided, That the Secretary of 
the Department of Housing and Urban Development is au-
thorized to transfer funds appropriated for any office fund-
ed under this heading to any other office funded under this 
heading following the written notification to the House and 
Senate Committees on Appropriations: Provided further, 
That no appropriation for any office shall be increased or 
decreased by more than 5 percent by all such transfers: Pro-
vided further, That notice of any change in funding greater 
than 5 percent shall be submitted for prior approval to the 
House and Senate Committees on Appropriations: Provided 
further, That the Secretary shall provide the Committees on 
Appropriations quarterly written notification regarding the 
status of pending congressional reports: Provided further, 
That the Secretary shall provide all signed reports required 
by Congress electronically: Provided further, That not to ex-
ceed $25,000 of the amount made available under this para-
graph for the immediate Office of the Secretary shall be
244 
Faith-Based and Community Initiatives; not to exceed 
$2,400,000 shall be available for the personnel compensa-
tion and benefits for the Office of Sustainability; not to ex-
ceed $2,520,000 shall be available for the personnnel com-
pensation and benefits for the Office of Strategic Planning 
and Management; and not to exceed $249,870,000 shall be 
available for non-personnel expenses of the Department of 
Housing and Urban Development: Provided, That, funds 
provided under this heading may be used for necessary ad-
ministrative and non-administrative expenses of the De-
partment of Housing and Urban Development, not other-
wise provided for, including purchase of uniforms, or allow-
ances therefor, as authorized by 5 U.S.C. 5901–5902; hire 
of passenger motor vehicles; services as authorized by 5 
U.S.C. 3109: Provided further, That notwithstanding any 
other provision of law, funds appropriated under this head-
ing may be used for advertising and promotional activities 
that support the housing mission area: Provided further, 
That the Secretary of Housing and Urban Development is 
authorized to transfer funds appropriated for any office in-
cluded in Administration, Operations and Management to 
any other office included in Administration, Operations 
and Management only after such transfer has been sub-
mitted to, and received prior written approval by, the 
House and Senate Committees on Appropriations: Provided
245 
further, That no appropriation for any office shall be in-
creased or decreased by more than 10 percent by all such 
transfers. 
PERSONNEL COMPENSATION AND BENEFITS 
PUBLIC AND INDIAN HOUSING 
For necessary personnel compensation and benefits ex-
penses of the Office of Public and Indian Housing, 
$197,074,000. 
COMMUNITY PLANNING AND DEVELOPMENT 
For necessary personnel compensation and benefits ex-
penses of the Office of Community Planning and Develop-
ment mission area, $98,989,000. 
HOUSING 
For necessary personnel compensation and benefits ex-
penses of the Office of Housing, $374,887,000. 
OFFICE OF THE GOVERNMENT NATIONAL MORTGAGE 
ASSOCIATION 
For necessary personnel compensation and benefits ex-
penses of the Office of the Government National Mortgage 
Association, $11,095,000, to be derived from the GNMA 
guarantees of mortgage backed securities guaranteed loan 
receipt account.
246 
POLICY DEVELOPMENT AND RESEARCH 
For necessary personnel compensation and benefits ex-
penses of the Office of Policy Development and Research, 
$21,138,000. 
FAIR HOUSING AND EQUAL OPPORTUNITY 
For necessary personnel compensation and benefits ex-
penses of the Office of Fair Housing and Equal Oppor-
tunity, $71,800,000. 
OFFICE OF HEALTHY HOMES AND LEAD HAZARD CONTROL 
PERSONNEL COMPENSATION AND BENEFITS 
For necessary personnel compensation and benefits ex-
penses of the Office of Healthy Homes and Lead Hazard 
Control, $7,151,000. 
PUBLIC AND INDIAN HOUSING 
TENANT-BASED RENTAL ASSISTANCE 
(INCLUDING TRANSFER OF FUNDS) 
For activities and assistance for the provision of ten-
ant-based rental assistance authorized under the United 
States Housing Act of 1937, as amended (42 U.S.C. 1437 
et seq.) (‘‘the Act’’ herein), not otherwise provided for, 
$14,137,200,000, to remain available until expended, shall 
be available on October 1, 2009 (in addition to the 
$4,000,000,000 previously appropriated under this heading 
that will become available on October 1, 2009), and 
$4,000,000,000, to remain available until expended, shall
247 
be available on October 1, 2010: Provided, That of the 
amounts made available under this heading are provided 
as follows: 
(1) $16,339,200,000 shall be available for renew-
als of expiring section 8 tenant-based annual con-
tributions contracts (including renewals of enhanced 
vouchers under any provision of law authorizing such 
assistance under section 8(t) of the Act) and includ-
ing renewal of other special purpose vouchers initially 
funded in fiscal year 2008 and 2009 (such as Family 
Unification, Veterans Affairs Supportive Housing 
Vouchers and Non-elderly Disabled Vouchers): Pro-
vided, That notwithstanding any other provision of 
law, from amounts provided under this paragraph 
and any carryover, the Secretary for the calendar 
year 2010 funding cycle shall provide renewal fund-
ing for each public housing agency based on voucher 
management system (VMS) leasing and cost data for 
the most recent Federal fiscal year and by applying 
the most recent Annual Adjustment Factor as estab-
lished by the Secretary, and by making any necessary 
adjustments for the costs associated with deposits to 
family self-sufficiency program escrow accounts or 
first-time renewals including tenant protection or 
HOPE VI vouchers: Provided further, That none of
248 
the funds provided under this paragraph may be used 
to fund a total number of unit months under lease 
which exceeds a public housing agency’s authorized 
level of units under contract: Provided further, That 
the Secretary shall, to the extent necessary to stay 
within the amount specified under this paragraph 
(except as otherwise modified under this Act), pro 
rate each public housing agency’s allocation otherwise 
established pursuant to this paragraph: Provided fur-
ther, That except as provided in the last two provisos, 
the entire amount specified under this paragraph (ex-
cept as otherwise modified under this Act) shall be ob-
ligated to the public housing agencies based on the al-
location and pro rata method described above, and the 
Secretary shall notify public housing agencies of their 
annual budget not later than 60 days after enactment 
of this Act: Provided further, That the Secretary may 
extend the 60-day notification period with the prior 
written approval of the House and Senate Committees 
on Appropriations: Provided further, That public 
housing agencies participating in the Moving to Work 
demonstration shall be funded pursuant to their Mov-
ing to Work agreements and shall be subject to the 
same pro rata adjustments under the previous pro-
visos: Provided further, That up to $150,000,000 shall
249 
be available only: (1) to adjust the allocations for 
public housing agencies, after application for an ad-
justment by a public housing agency that experienced 
a significant increase, as determined by the Sec-
retary, in renewal costs of tenant-based rental assist-
ance resulting from unforeseen circumstances or from 
portability under section 8(r) of the Act; (2) for ad-
justments for public housing agencies with voucher 
leasing rates at the end of the calendar year that ex-
ceed the average leasing for the 12-month period used 
to establish the allocation; (3) for adjustments for the 
costs associated with VASH vouchers; or (4) for 
vouchers that were not in use during the 12-month 
period in order to be available to meet a commitment 
pursuant to section 8(o)(13) of the Act; 
(2) $103,000,000 shall be for section 8 rental as-
sistance for relocation and replacement of housing 
units that are demolished or disposed of pursuant to 
the Omnibus Consolidated Rescissions and Appro-
priations Act of 1996 (Public Law 104–134), conver-
sion of section 23 projects to assistance under section 
8, the family unification program under section 8(x) 
of the Act, relocation of witnesses in connection with 
efforts to combat crime in public and assisted housing 
pursuant to a request from a law enforcement or
250 
prosecution agency, enhanced vouchers under any 
provision of law authorizing such assistance under 
section 8(t) of the Act, HOPE VI vouchers, manda-
tory and voluntary conversions, and tenant protection 
assistance including replacement and relocation as-
sistance or for project based assistance to prevent the 
displacement of unassisted elderly tenants currently 
residing in section 202 properties financed between 
1959 and 1974 that are refinanced pursuant to Pub-
lic Law 106–569, as amended, or under the authority 
as provided under this Act: Provided, That the Sec-
retary shall may provide replacement vouchers for all 
units that were occupied within the previous 24 
months that cease to be available as assisted housing, 
subject only to the availability of funds; 
(3) $1,550,000,000 shall be for administrative 
and other expenses of public housing agencies in ad-
ministering the section 8 tenant-based rental assist-
ance program, of which up to $50,000,000 shall be 
available to the Secretary to allocate to public hous-
ing agencies that need additional funds to administer 
their section 8 programs, including fees associated 
with section 8 tenant protection rental assistance, the 
administration of disaster related vouchers, Veterans 
Affairs Supportive Housing vouchers, and other in-
251 
cremental vouchers: Provided, That no less than 
$1,500,000,000 of the amount provided in this para-
graph shall be allocated to public housing agencies for 
the calendar year 2010 funding cycle based on section 
8(q) of the Act (and related Appropriation Act provi-
sions) as in effect immediately before the enactment 
of the Quality Housing and Work Responsibility Act 
of 1998 (Public Law 105–276): Provided further, 
That if the amounts made available under this para-
graph are insufficient to pay the amounts determined 
under the previous proviso, the Secretary may de-
crease the amounts allocated to agencies by a uniform 
percentage applicable to all agencies receiving fund-
ing under this paragraph or may, to the extent nec-
essary to provide full payment of amounts determined 
under the previous proviso, utilize unobligated bal-
ances, including recaptures and carryovers, remain-
ing from funds appropriated to the Department of 
Housing and Urban Development under this heading, 
for fiscal year 2009 and prior fiscal years, notwith-
standing the purposes for which such amounts were 
appropriated: Provided further, That amounts pro-
vided under this paragraph shall be only for activities 
related to the provision of tenant-based rental assist-
252 
ance authorized under section 8, including related de-
velopment activities; 
(4) $50,000,000 shall be available for family self- 
sufficiency coordinators under section 23 of the Act; 
(5) $20,000,000 for incremental voucher assist-
ance through the Family Unification Program: Pro-
vided, That the assistance made available under this 
paragraph shall continue to remain available for 
family unification upon turnover: Provided further, 
That the Secretary of Housing and Urban Develop-
ment shall make such funding available, notwith-
standing section 204 (competition provision) of this 
title, to entities with demonstrated experience and re-
sources for supportive services; 
(6) $75,000,000 for incremental rental voucher 
assistance for use through a supported housing pro-
gram administered in conjunction with the Depart-
ment of Veterans Affairs as authorized under section 
8(o)(19) of the United States Housing Act of 1937: 
Provided, That the Secretary of Housing and Urban 
Development shall make such funding available, not-
withstanding section 204 (competition provision) of 
this title, to public housing agencies that partner with 
eligible VA Medical Centers or other entities as des-
ignated by the Secretary of the Department of Vet-
253 
erans Affairs, based on geographical need for such as-
sistance as identified by the Secretary of the Depart-
ment of Veterans Affairs, public housing agency ad-
ministrative performance, and other factors as speci-
fied by the Secretary of Housing and Urban Develop-
ment in consultation with the Secretary of the De-
partment of Veterans Affairs: Provided further, That 
the Secretary of Housing and Urban Development 
may waive, or specify alternative requirements for (in 
consultation with the Secretary of the Department of 
Veterans Affairs), any provision of any statute or reg-
ulation that the Secretary of Housing and Urban De-
velopment administers in connection with the use of 
funds made available under this paragraph (except 
for requirements related to fair housing, non-
discrimination, labor standards, and the environ-
ment), upon a finding by the Secretary that any such 
waivers or alternative requirements are necessary for 
the effective delivery and administration of such 
voucher assistance: Provided further, That assistance 
made available under this paragraph shall continue 
to remain available for homeless veterans upon turn- 
over; and
254 
(7) up to $50,000,000 provided under this head-
ing maybe transferred to and merged with the appro-
priation for ‘‘Transformation Initiative’’. 
HOUSING CERTIFICATE FUND 
Unobligated balances, including recaptures and carry-
over, remaining from funds appropriated to the Depart-
ment of Housing and Urban Development under this head-
ing, the heading ‘‘Annual Contributions for Assisted Hous-
ing’’ and the heading ‘‘Project-Based Rental Assistance’’, 
for fiscal year 2010 and prior years may be used for re-
newal of or amendments to section 8 project-based contracts 
and for performance-based contract administrators, not-
withstanding the purposes for which such funds were appro-
priated: Provided, That any obligated balances of contract 
authority from fiscal year 1974 and prior that have been 
terminated shall be permanently cancelled. 
PUBLIC HOUSING CAPITAL FUND 
For the Public Housing Capital Fund Program to 
carry out capital and management activities for public 
housing agencies, as authorized under section 9 of the 
United States Housing Act of 1937 (42 U.S.C. 1437g) (the 
‘‘Act’’) $2,500,000,000, to remain available until September 
30, 2013: Provided, That notwithstanding any other provi-
sion of law or regulation, during fiscal year 2010 the Sec-
retary of Housing and Urban Development may not dele-
255 
gate to any Department official other than the Deputy Sec-
retary and the Assistant Secretary for Public and Indian 
Housing any authority under paragraph (2) of section 9(j) 
regarding the extension of the time periods under such sec-
tion: Provided further, That for purposes of such section 
9(j), the term ‘‘obligate’’ means, with respect to amounts, 
that the amounts are subject to a binding agreement that 
will result in outlays, immediately or in the future: Pro-
vided further, That up to $15,345,000 shall be to support 
the ongoing Public Housing Financial and Physical Assess-
ment activities of the Real Estate Assessment Center 
(REAC): Provided further, That no funds may be used 
under this heading for the purposes specified in section 9(k) 
of the Act: Provided further, That of the total amount pro-
vided under this heading, not to exceed $20,000,000 shall 
be available for the Secretary to make grants, notwith-
standing section 204 of this Act, to public housing agencies 
for emergency capital needs including safety and security 
measures necessary to address crime and drug-related activ-
ity as well as needs resulting from unforeseen or unprevent-
able emergencies and natural disasters excluding Presi-
dentially declared emergencies and natural disasters under 
the Robert T. Stafford Disaster Relief and Emergency Act 
(42 U.S.C. 5121 et seq.) occurring in fiscal year 2010: Pro-
vided further, That of the amounts provided under this
256 
heading $50,000,000 shall be for grants to be competitively 
awarded to public housing agencies for the construction, re-
habilitation or purchase of facilities to be used to provide 
early education, adult education, job training or other ap-
propriate services to public housing residents: Provided fur-
ther, That grantees shall demonstrate an ability to leverage 
other Federal, State, local or private resources for the con-
struction, rehabilitation or acquisition of such facilities, 
and that selected grantees shall demonstrate a capacity to 
pay the long-term costs of operating such facilities: Pro-
vided further, That of the total amount provided under this 
heading, $40,000,000 shall be for supportive services, service 
coordinators and congregate services as authorized by sec-
tion 34 of the Act (42 U.S.C. 1437z–6) and the Native 
American Housing Assistance and Self-Determination Act 
of 1996 (25 U.S.C. 4101 et seq.): Provided further, That 
of the total amount provided under this heading up to 
$8,820,000 is to support the costs of administrative and ju-
dicial receiverships: Provided further, That from the funds 
made available under this heading, the Secretary shall pro-
vide bonus awards in fiscal year 2010 to public housing 
agencies that are designated high performers. 
PUBLIC HOUSING OPERATING FUND 
For 2010 payments to public housing agencies for the 
operation and management of public housing, as authorized
257 
by section 9(e) of the United States Housing Act of 1937 
(42 U.S.C. 1437g(e)), $4,750,000,000: Provided, That, in 
fiscal year 2009 and all fiscal years hereafter, no amounts 
under this heading in any appropriations Act may be used 
for payments to public housing agencies for the costs of op-
eration and management of public housing for any year 
prior to the current year of such Act: Provided further, That 
of the amounts made available under this heading, up to 
$15,000,000 may be transferred to and merged with the ap-
propriation for ‘‘Transformation Initiative’’. 
CHOICE NEIGHBORHOODS 
For competitive grants under the Choice Neighborhoods 
Initiative for transformation, rehabilitation and replace-
ment housing needs of both public and HUD-assisted hous-
ing and to transform neighborhoods of poverty into func-
tioning, sustainable mixed income neighborhoods with ap-
propriate services, public assets, transportation and access 
to jobs, and schools, including public schools, community 
schools, and charter schools, $250,000,000, to remain avail-
able until September 30, 2013: Provided, That grant funds 
may be used for resident and community services, commu-
nity development and affordable housing needs in the com-
munity, and for conversion of vacant or foreclosed prop-
erties to affordable housing: Provided further, That grantees 
shall undertake comprehensive local planning with input
258 
from residents and the community, and that grantees shall 
provide a match in State, local, other Federal or private 
funds: Provided further, That grantees may include local 
governments, public housing authorities, and nonprofits: 
Provided further, That for-profit developers may apply 
jointly with a public entity: Provided further, That of the 
amounts provided, not less than $165,000,000 shall be 
awarded to public housing authorities: Provided further, 
That such grantees shall create partnerships with other 
local organizations including assisted housing owners, serv-
ice agencies and resident organizations: Provided further, 
That the Secretary shall consult with the Secretaries of 
Education, Labor, Transportation, Health and Human 
Services, Agriculture, and Commerce and the Adminis-
trator of the Environmental Protection Agency to coordi-
nate and leverage other appropriate Federal resources: Pro-
vided further, That within 60 days of the enactment of this 
Act, HUD shall submit a plan to the House and Senate 
Committees on Appropriations, for approval, describing an 
array of performance measures that HUD will use in iden-
tifying functioning, sustainable, mixed-income neighbor-
hoods and a plan for how HUD will work with other agen-
cies: Provided further, That no more than ten percent of 
funds made available under this heading may be provided 
for planning grants to assist communities in developing
259 
comprehensive strategies for implementing this program in 
conjunction with community notice and input: Provided 
further, That the Secretary shall develop and publish guide-
lines for the use of such competitive funds, including but 
not limited to eligible activities, program requirements, 
protections and services for affected residents, and perform-
ance metrics. 
NATIVE AMERICAN HOUSING BLOCK GRANTS 
For the Native American Housing Block Grants pro-
gram, as authorized under title I of the Native American 
Housing Assistance and Self-Determination Act of 1996 
(NAHASDA) (25 U.S.C. 4111 et seq.), $670,000,000, to re-
main available until expended: Provided, That, notwith-
standing the Native American Housing Assistance and Self- 
Determination Act of 1996, to determine the amount of the 
allocation under title I of such Act for each Indian tribe, 
the Secretary shall apply the formula under section 302 of 
such Act with the need component based on single-race Cen-
sus data and with the need component based on multi-race 
Census data, and the amount of the allocation for each In-
dian tribe shall be the greater of the two resulting allocation 
amounts: Provided further, That of the amounts made 
available under this heading, $3,500,000 shall be contracted 
for assistance for a national organization representing Na-
tive American housing interests for providing training and
260 
technical assistance to Indian housing authorities and trib-
ally designated housing entities as authorized under 
NAHASDA; and $4,250,000 shall be to support the inspec-
tion of Indian housing units, contract expertise, training, 
and technical assistance in the training, oversight, and 
management of such Indian housing and tenant-based as-
sistance, including up to $300,000 for related travel: Pro-
vided further, That of the amount provided under this head-
ing, $2,000,000 shall be made available for the cost of guar-
anteed notes and other obligations, as authorized by title 
VI of NAHASDA: Provided further, That such costs, includ-
ing the costs of modifying such notes and other obligations, 
shall be as defined in section 502 of the Congressional Budg-
et Act of 1974, as amended: Provided further, That these 
funds are available to subsidize the total principal amount 
of any notes and other obligations, any part of which is 
to be guaranteed, not to exceed $18,000,000. 
NATIVE HAWAIIAN HOUSING BLOCK GRANT 
For the Native Hawaiian Housing Block Grant pro-
gram, as authorized under title VIII of the Native American 
Housing Assistance and Self-Determination Act of 1996 (25 
U.S.C. 4111 et seq.), $13,000,000, to remain available until 
expended: Provided, That of this amount, $300,000 shall be 
for training and technical assistance activities, including
261 
up to $100,000 for related travel by Hawaii-based HUD 
employees. 
INDIAN HOUSING LOAN GUARANTEE FUND PROGRAM 
ACCOUNT 
For the cost of guaranteed loans, as authorized by sec-
tion 184 of the Housing and Community Development Act 
of 1992 (12 U.S.C. 1715z), $7,000,000, to remain available 
until expended: Provided, That such costs, including the 
costs of modifying such loans, shall be as defined in section 
502 of the Congressional Budget Act of 1974: Provided fur-
ther, That these funds are available to subsidize total loan 
principal, any part of which is to be guaranteed, up to 
$919,000,000: Provided further, That up to $750,000 shall 
be for administrative contract expenses including manage-
ment processes and systems to carry out the loan guarantee 
program. 
NATIVE HAWAIIAN HOUSING LOAN GUARANTEE FUND 
PROGRAM ACCOUNT 
For the cost of guaranteed loans, as authorized by sec-
tion 184A of the Housing and Community Development Act 
of 1992 (12 U.S.C. 1715z), $1,044,000, to remain available 
until expended: Provided, That such costs, including the 
costs of modifying such loans, shall be as defined in section 
502 of the Congressional Budget Act of 1974: Provided fur-
ther, That these funds are available to subsidize total loan
262 
principal, any part of which is to be guaranteed, not to 
exceed $41,504,255. 
COMMUNITY PLANNING AND DEVELOPMENT 
HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS 
For carrying out the Housing Opportunities for Per-
sons with AIDS program, as authorized by the AIDS Hous-
ing Opportunity Act (42 U.S.C. 12901 et seq.), 
$320,000,000, to remain available until September 30, 
2011, except that amounts allocated pursuant to section 
854(c)(3) of such Act shall remain available until Sep-
tember 30, 2012: Provided, That the Secretary shall renew 
all expiring contracts for permanent supportive housing 
that were funded under section 854(c)(3) of such Act that 
meet all program requirements before awarding funds for 
new contracts and activities authorized under this section. 
COMMUNITY DEVELOPMENT FUND 
(INCLUDING TRANSFER OF FUNDS) 
For assistance to units of State and local government, 
and to other entities, for economic and community develop-
ment activities, and for other purposes, $4,450,000,000, to 
remain available until September 30, 2012, unless otherwise 
specified: Provided, That of the total amount provided, 
$3,992,000,000 is for carrying out the community develop-
ment block grant program under title I of the Housing and 
Community Development Act of 1974, as amended (the
263 
‘‘Act’’ herein) (42 U.S.C. 5301 et seq.): Provided further, 
That unless explicitly provided for under this heading (ex-
cept for planning grants provided in the second paragraph 
and amounts made available under the third paragraph), 
not to exceed 20 percent of any grant made with funds ap-
propriated under this heading shall be expended for plan-
ning and management development and administration: 
Provided further, That $65,000,000 shall be for grants to 
Indian tribes notwithstanding section 106(a)(1) of such Act, 
of which, notwithstanding any other provision of law (in-
cluding section 204 of this Act), up to $3,960,000 may be 
used for emergencies that constitute imminent threats to 
health and safety. 
Of the amount made available under this heading, 
$171,000,000 shall be available for grants for the Economic 
Development Initiative (EDI) to finance a variety of tar-
geted economic investments in accordance with the terms 
and conditions specified in the explanatory statement ac-
companying this Act: Provided, That none of the funds pro-
vided under this paragraph may be used for program oper-
ations: Provided further, That, for fiscal years 2007, 2008 
and 2009, no unobligated funds for EDI grants may be used 
for any purpose except acquisition, planning, design, pur-
chase of equipment, revitalization, redevelopment or con-
struction.
264 
Of the amount made available under this heading, 
$22,000,000 shall be available for neighborhood initiatives 
that are utilized to improve the conditions of distressed and 
blighted areas and neighborhoods, to stimulate investment, 
economic diversification, and community revitalization in 
areas with population outmigration or a stagnating or de-
clining economic base, or to determine whether housing ben-
efits can be integrated more effectively with welfare reform 
initiatives: Provided, That amounts made available under 
this paragraph shall be provided in accordance with the 
terms and conditions specified in the explanatory statement 
accompanying this Act. 
The referenced explanatory statement under this head-
ing in title II of division K of Public Law 110–161 is 
deemed to be amended by striking ‘‘Old Town Boys and 
Girls Club, Albuquerque, NM, for renovation of the existing 
Old Town Boys and Girls Club accompanied by construc-
tion of new areas for the Club’’ and inserting ‘‘Old Town 
Boys and Girls Club, Albuquerque, NM, for renovation of 
the Heights Boys and Girls Club’’. 
The referenced explanatory statement under this head-
ing in division I of Public Law 111–8 is deemed to be 
amended with respect to ‘‘Hawaii County Office of Housing 
and Community Development, HI’’ by striking ‘‘Senior
265 
Housing Renovation Project’’ and inserting ‘‘Transitional 
Housing Project’’. 
The referenced explanatory statement under the head-
ing ‘‘Community Development Fund’’ in title II of division 
K of Public Law 110–161 is deemed to be amended with 
respect to ‘‘Emergency Housing Consortium in San Jose, 
CA’’ by striking ‘‘for construction of the Sobrato Transi-
tional Center, a residential facility for homeless individuals 
and families’’ and inserting ‘‘for improvements to homeless 
services and prevention facilities’’. 
Of the amounts made available under this heading, 
$150,000,000 shall be made available for a Sustainable 
Communities Initiative to improve regional planning ef-
forts that integrate housing and transportation decisions, 
and increase the capacity to improve land use and zoning: 
Provided, That $100,000,000 shall be for Regional Inte-
grated Planning Grants to support the linking of transpor-
tation and land use planning: Provided further, That not 
less than $25,000,000 of the funding made available for Re-
gional Integrated Planning Grants shall be awarded to met-
ropolitan areas of less than 500,000: Provided further, That 
$40,000,000 shall be for Community Challenge Planning 
Grants to foster reform and reduce barriers to achieve af-
fordable, economically vital, and sustainable communities: 
Provided further, That before funding is made available for
266 
Regional Integrated Planning Grants or Community Chal-
lenge Planning Grants, the Secretary, in coordination with 
the Secretary of Transportation, shall submit a plan to the 
House and Senate Committees on Appropriations, the Sen-
ate Committee on Banking and Urban Affairs, and the 
House Committee on Financial Services establishing grant 
criteria as well as performance measures by which the suc-
cess of grantees will be measured: Provided further, That 
the Secretary will consult with the Secretary of Transpor-
tation in selecting grant recipients: Provided further, That 
up to $10,000,000 shall be for a joint Department of Hous-
ing and Urban Development and Department of Transpor-
tation research effort that shall include a rigorous evalua-
tion of the Regional Integrated Planning Grants and Com-
munity Challenge Planning Grants programs: Provided 
further, That of the amounts made available under this 
heading, $25,000,000 shall be made available for the Rural 
Innovation Fund for grants to Indian tribes, State housing 
finance agencies, State community and/or economic devel-
opment agencies, local rural nonprofits and community de-
velopment corporations to address the problems of con-
centrated rural housing distress and community poverty: 
Provided further, That of the funding made available under 
the previous proviso, $10,000,000 shall be made available 
to promote economic development and entrepreneurship for
267 
federally recognized Indian Tribes, through activities in-
cluding the capitalization of revolving loan programs and 
business planning and development, funding is also made 
available for technical assistance to increase capacity 
through training and outreach activities: Provided further, 
That of the amounts made available under this heading, 
$25,000,000 is for grants pursuant to section 107 of the 
Housing and Community Development Act of 1974 (42 
U.S.C. 5307). 
COMMUNITY DEVELOPMENT LOAN GUARANTEES PROGRAM 
ACCOUNT 
Subject to section 502 of the Congressional Budget Act 
of 1974, during fiscal year 2010, commitments to guarantee 
loans under section 108 of the Housing and Community 
Development Act of 1974, any part of which is guaranteed, 
shall not exceed a total principal amount of $275,000,000, 
notwithstanding any aggregate limitation on outstanding 
obligations guaranteed in subsection (k) of such section 108: 
Provided, That the Secretary shall collect fees from bor-
rowers, notwithstanding subsection (m) of such section 108, 
to result in a credit subsidy cost of zero, and such fees shall 
be collected in accordance with section 502(7) of the Con-
gressional Budget Act of 1974.
268 
HOME INVESTMENT PARTNERSHIPS PROGRAM 
For the HOME investment partnerships program, as 
authorized under title II of the Cranston-Gonzalez National 
Affordable Housing Act, as amended, $1,825,000,000, to re-
main available until September 30, 2012: Provided, That, 
funds provided in prior appropriations Acts for technical 
assistance, that were made available for Community Hous-
ing Development Organizations technical assistance, and 
that still remain available, may be used for HOME tech-
nical assistance notwithstanding the purposes for which 
such amounts were appropriated. 
SELF-HELP AND ASSISTED HOMEOWNERSHIP OPPORTUNITY 
PROGRAM 
For the Self-Help and Assisted Homeownership Op-
portunity Program, as authorized under section 11 of the 
Housing Opportunity Program Extension Act of 1996, as 
amended, $85,000,000, to remain available until September 
30, 2012: Provided, That of the total amount provided 
under this heading, $27,000,000 shall be made available to 
the Self-Help and Assisted Homeownership Opportunity 
Program as authorized under section 11 of the Housing Op-
portunity Program Extension Act of 1996, as amended: 
Provided further, That $50,000,000 shall be made available 
for the second, third and fourth capacity building activities 
authorized under section 4(a) of the HUD Demonstration
269 
Act of 1993 (42 U.S.C. 9816 note), of which not less than 
$5,000,000 may be made available for rural capacity build-
ing activities: Provided further, That $8,000,000 shall be 
made available for capacity building activities as author-
ized in sections 6301 through 6305 of Public Law 110–246. 
HOMELESS ASSISTANCE GRANTS 
(INCLUDING TRANSFER OF FUNDS) 
For the emergency shelter grants program as author-
ized under subtitle B of title IV of the McKinney-Vento 
Homeless Assistance Act, as amended; the supportive hous-
ing program as authorized under subtitle C of title IV of 
such Act; the section 8 moderate rehabilitation single room 
occupancy program as authorized under the United States 
Housing Act of 1937, as amended, to assist homeless indi-
viduals pursuant to section 441 of the McKinney-Vento 
Homeless Assistance Act; and the shelter plus care program 
as authorized under subtitle F of title IV of such Act, 
$1,875,000,000, of which $1,870,000,000 shall remain 
available until September 30, 2012, and of which 
$5,000,000 shall remain available until expended for reha-
bilitation projects with 10-year grant terms: Provided, That 
not less than 30 percent of funds made available, excluding 
amounts provided for renewals under the Shelter Plus Care 
Program and emergency shelter grants, shall be used for 
permanent housing for individuals and families: Provided
270 
further, That all funds awarded for services shall be 
matched by not less than 25 percent in funding by each 
grantee: Provided further, That for all match requirements 
applicable to funds made available under this heading for 
this fiscal year and prior years, a grantee may use (or could 
have used) as a source of match funds other funds adminis-
tered by the Secretary and other Federal agencies unless 
there is (or was) a specific statutory prohibition on any 
such use of any such funds: Provided further, That the Sec-
retary shall renew on an annual basis expiring contracts 
or amendments to contracts funded under the shelter plus 
care program if the program is determined to be needed 
under the applicable continuum of care and meets appro-
priate program requirements and financial standards, as 
determined by the Secretary: Provided further, That all 
awards of assistance under this heading shall be required 
to coordinate and integrate homeless programs with other 
mainstream health, social services, and employment pro-
grams for which homeless populations may be eligible, in-
cluding Medicaid, State Children’s Health Insurance Pro-
gram, Temporary Assistance for Needy Families, Food 
Stamps, and services funding through the Mental Health 
and Substance Abuse Block Grant, Workforce Investment 
Act, and the Welfare-to-Work grant program: Provided fur-
ther, That up to $6,000,000 of the funds appropriated under
271 
this heading shall be available for the national homeless 
data analysis project: Provided further, That up to 
$12,750,000 of the funds made available under this heading 
may be transferred to and merged with the appropriation 
for ‘‘Transformation Initiative’’: Provided further, That all 
balances for Shelter Plus Care renewals previously funded 
from the Shelter Plus Care Renewal account and trans-
ferred to this account shall be available, if recaptured, for 
Shelter Plus Care renewals in fiscal year 2010. 
HOUSING PROGRAMS 
PROJECT-BASED RENTAL ASSISTANCE 
(INCLUDING TRANSFER OF FUNDS) 
For activities and assistance for the provision of 
project-based subsidy contracts under the United States 
Housing Act of 1937 (42 U.S.C. 1437 et seq.) (‘‘the Act’’), 
not otherwise provided for, $7,700,000,000, to remain avail-
able until expended, shall be available on October 1, 2009, 
and $400,000,000, to remain available until expended, shall 
be available on October 1, 2010: Provided, That the 
amounts made available under this heading are provided 
as follows: 
(1) Up to $7,868,000,000 shall be available for 
expiring or terminating section 8 project-based sub-
sidy contracts (including section 8 moderate rehabili-
tation contracts), for amendments to section 8 project-
272 
based subsidy contracts (including section 8 moderate 
rehabilitation contracts), for contracts entered into 
pursuant to section 441 of the McKinney-Vento 
Homeless Assistance Act (42 U.S.C. 11401), for re-
newal of section 8 contracts for units in projects that 
are subject to approved plans of action under the 
Emergency Low Income Housing Preservation Act of 
1987 or the Low-Income Housing Preservation and 
Resident Homeownership Act of 1990, and for admin-
istrative and other expenses associated with project- 
based activities and assistance funded under this 
paragraph. 
(2) Not less than $232,000,000 but not to exceed 
$258,000,000 shall be available for performance-based 
contract administrators for section 8 project-based as-
sistance: Provided, That the Secretary of Housing and 
Urban Development may also use such amounts for 
performance-based contract administrators for the ad-
ministration of: interest reduction payments pursuant 
to section 236(a) of the National Housing Act (12 
U.S.C. 1715z–1(a)); rent supplement payments pur-
suant to section 101 of the Housing and Urban Devel-
opment Act of 1965 (12 U.S.C. 1701s); section 
236(f)(2) rental assistance payments (12 U.S.C. 
1715z–1(f)(2)); project rental assistance contracts for
273 
the elderly under section 202(c)(2) of the Housing Act 
of 1959 (12 U.S.C. 1701q); project rental assistance 
contracts for supportive housing for persons with dis-
abilities under section 811(d)(2) of the Cranston-Gon-
zalez National Affordable Housing Act (42 U.S.C. 
8013(d)(2)); project assistance contracts pursuant to 
section 202(h) of the Housing Act of 1959 (Public 
Law 86–372; 73 Stat. 667); and loans under section 
202 of the Housing Act of 1959 (Public Law 86–372; 
73 Stat. 667). 
(3) Not to exceed $20,000,000 provided under 
this heading may be transferred to and merged with 
the appropriation for ‘‘Transformation Initiative’’. 
(4) Amounts recaptured under this heading, the 
heading ‘‘Annual Contributions for Assisted Hous-
ing’’, or the heading ‘‘Housing Certificate Fund’’ may 
be used for renewals of or amendments to section 8 
project-based contracts or for performance-based con-
tract administrators, notwithstanding the purposes 
for which such amounts were appropriated. 
HOUSING FOR THE ELDERLY 
(INCLUDING TRANSFER OF FUNDS) 
For capital advances, including amendments to cap-
ital advance contracts, for housing for the elderly, as au-
thorized by section 202 of the Housing Act of 1959, as
274 
amended, and for project rental assistance for the elderly 
under section 202(c)(2) of such Act, including amendments 
to contracts for such assistance and renewal of expiring con-
tracts for such assistance for up to a 1-year term, and for 
supportive 
services 
associated 
with 
the 
housing, 
$785,000,000, to remain available until September 30, 
2013, of which up to $542,000,000 shall be for capital ad-
vance and project-based rental assistance awards: Provided, 
That amounts for project rental assistance contracts are to 
remain available for the liquidation of valid obligations for 
10 years following the date of such obligation: Provided fur-
ther, That of the amount provided under this heading, up 
to $90,000,000 shall be for service coordinators and the con-
tinuation of existing congregate service grants for residents 
of assisted housing projects, and of which up to $25,000,000 
shall be for grants under section 202b of the Housing Act 
of 1959 (12 U.S.C. 1701q–2) for conversion of eligible 
projects under such section to assisted living or related use 
and for substantial and emergency capital repairs as deter-
mined by the Secretary: Provided further, That of the 
amount made available under this heading, $20,000,000 
shall be available to the Secretary of Housing and Urban 
Development only for making competitive grants to private 
nonprofit organizations and consumer cooperatives for cov-
ering costs of architectural and engineering work, site con-
275 
trol, and other planning relating to the development of sup-
portive housing for the elderly that is eligible for assistance 
under section 202 of the Housing Act of 1959 (12 U.S.C. 
1701q): Provided further, That amounts under this heading 
shall be available for Real Estate Assessment Center inspec-
tions and inspection-related activities associated with sec-
tion 202 capital advance projects: Provided further, That 
the Secretary may waive the provisions of section 202 gov-
erning the terms and conditions of project rental assistance, 
except that the initial contract term for such assistance 
shall not exceed 5 years in duration. 
HOUSING FOR PERSONS WITH DISABILITIES 
(INCLUDING TRANSFER OF FUNDS) 
For capital advance contracts, including amendments 
to capital advance contracts, for supportive housing for per-
sons with disabilities, as authorized by section 811 of the 
Cranston-Gonzalez National Affordable Housing Act (42 
U.S.C. 8013), for project rental assistance for supportive 
housing for persons with disabilities under section 
811(d)(2) of such Act, including amendments to contracts 
for such assistance and renewal of expiring contracts for 
such assistance for up to a 1-year term, and for supportive 
services associated with the housing for persons with dis-
abilities as authorized by section 811(b)(1) of such Act, and 
for tenant-based rental assistance contracts entered into
276 
pursuant to section 811 of such Act, $265,000,000, of which 
up to $129,000,000 shall be for capital advances and 
project-based rental assistance contracts, to remain avail-
able until September 30, 2013: Provided, That amounts for 
project rental assistance contracts are to remain available 
for the liquidation of valid obligations for 10 years fol-
lowing the date of such obligation: Provided further, That, 
of the amount provided under this heading, $87,100,000 
shall be for amendments or renewal of tenant-based assist-
ance contracts entered into prior to fiscal year 2005 (only 
one amendment authorized for any such contract): Provided 
further, That all tenant-based assistance made available 
under this heading shall continue to remain available only 
to persons with disabilities: Provided further, That the Sec-
retary may waive the provisions of section 811 governing 
the terms and conditions of project rental assistance and 
tenant-based assistance, except that the initial contract 
term for such assistance shall not exceed 5 years in dura-
tion: Provided further, That amounts made available under 
this heading shall be available for Real Estate Assessment 
Center inspections and inspection-related activities associ-
ated with section 811 Capital Advance Projects. 
HOUSING COUNSELING ASSISTANCE 
For contracts, grants, and other assistance excluding 
loans, as authorized under section 106 of the Housing and
277 
Urban Development Act of 1968, as amended, $100,000,000, 
including up to $2,500,000 for administrative contract 
services, to remain available until September 30, 2011: Pro-
vided, That funds shall be used for providing counseling 
and advice to tenants and homeowners, both current and 
prospective, with respect to property maintenance, finan-
cial management/literacy, and such other matters as may 
be appropriate to assist them in improving their housing 
conditions, meeting their financial needs, and fulfilling the 
responsibilities of tenancy or homeownership; for program 
administration; and for housing counselor training: Pro-
vided further, That of the amounts made available under 
this heading, not less than $15,000,000 shall be awarded 
to HUD-certified housing counseling agencies located in the 
100 metropolitan statistical areas with the highest rate of 
home foreclosures for the purpose of assisting homeowners 
with inquiries regarding mortgage-modification assistance 
and mortgage scams. 
ENERGY INNOVATION FUND 
For an Energy Innovation Fund to enable the Federal 
Housing Administration and the new Office of Sustain-
ability to catalyze innovations in the residential energy effi-
ciency sector that have promise of replicability and help 
create a standardized home energy efficient retrofit market, 
$75,000,000, to remain available until September 30, 2013:
278 
Provided, That $20,000,000 shall be for the Energy Effi-
cient Mortgage Innovation pilot program, directed at the 
single family housing market: Provided further, That 
$20,000,000 shall be for the Multifamily Energy Pilot, di-
rected at the multifamily housing market: Provided further, 
That $35,000,000 shall be for the Local Initiatives Fund 
so as to leverage additional public and private sector cap-
ital to stimulate the development of model residential en-
ergy efficient retrofits in ten or more communities: Pro-
vided further, That selected communities shall have dem-
onstrated capacity to conduct energy efficient retrofit ac-
tivities, and no community shall receive more than 
$10,000,000. 
OTHER ASSISTED HOUSING PROGRAMS 
RENTAL HOUSING ASSISTANCE 
For amendments to contracts under section 101 of the 
Housing and Urban Development Act of 1965 (12 U.S.C. 
1701s) and section 236(f)(2) of the National Housing Act 
(12 U.S.C. 1715z–1) in State-aided, non-insured rental 
housing projects, $40,000,000, to remain available until ex-
pended. 
RENT SUPPLEMENT 
(RESCISSION) 
Of the amounts recaptured from terminated contracts 
under section 101 of the Housing and Urban Development
279 
Act of 1965 (12 U.S.C. 1701s) and section 236 of the Na-
tional Housing Act (12 U.S.C. 1715z–1) $27,600,000 are 
rescinded hereby permanently cancelled: Provided, That no 
amounts may be cancelled from amounts that were des-
ignated by the Congress as an emergency requirement pur-
suant to the Concurrent Resolution on the Budget or the 
Balanced Budget and Emergency Deficit Control Act of 
1985, as amended. 
PAYMENT TO MANUFACTURED HOUSING FEES TRUST FUND 
For necessary expenses as authorized by the National 
Manufactured Housing Construction and Safety Standards 
Act of 1974 (42 U.S.C. 5401 et seq.), up to $16,000,000, 
to remain available until expended, of which $7,000,000 is 
to be derived from the Manufactured Housing Fees Trust 
Fund: Provided, That not to exceed the total amount appro-
priated under this heading shall be available from the gen-
eral fund of the Treasury to the extent necessary to incur 
obligations and make expenditures pending the receipt of 
collections to the Fund pursuant to section 620 of such Act: 
Provided further, That the amount made available under 
this heading from the general fund shall be reduced as such 
collections are received during fiscal year 2010 so as to re-
sult in a final fiscal year 2010 appropriation from the gen-
eral fund estimated at not more than $9,000,000 and fees 
pursuant to such section 620 shall be modified as necessary
280 
to ensure such a final fiscal year 2010 appropriation: Pro-
vided further, That for the dispute resolution and installa-
tion programs, the Secretary of Housing and Urban Devel-
opment may assess and collect fees from any program par-
ticipant: Provided further, That such collections shall be de-
posited into the Fund, and the Secretary, as provided here-
in, may use such collections, as well as fees collected under 
section 620, for necessary expenses of such Act: Provided 
further, That notwithstanding the requirements of section 
620 of such Act, the Secretary may carry out responsibil-
ities of the Secretary under such Act through the use of ap-
proved service providers that are paid directly by the recipi-
ents of their services. 
FEDERAL HOUSING ADMINISTRATION 
MUTUAL MORTGAGE INSURANCE PROGRAM ACCOUNT 
(INCLUDING TRANSFERS OF FUNDS) 
During fiscal year 2010, commitments to guarantee 
single family loans insured under the Mutual Mortgage In-
surance Fund shall not exceed a loan principal of 
$400,000,000,000: Provided, That for the cost of new guar-
anteed loans, as authorized by section 255 of the National 
Housing Act (12 U.S.C. 1715z–20), $288,000,000; and, in 
addition, to the extent that new guaranteed loan commit-
ments 
under 
section 
255 
will 
and 
do 
exceed 
$30,000,000,000, an additional $26,600 shall be available
281 
for each $1,000,000 in such additional commitments (in-
cluding a pro rata amount for any new guaranteed loan 
commitment amount below $1,000,000): Provided further, 
That the Secretary shall reduce the principal limit factors 
applicable to mortgage loans insured under such section 255 
in fiscal year 2010 by 5 percent from what was assumed 
for calculating the subsidy rates published in the President’s 
budget for fiscal year 2010: Provided further, That during 
fiscal year 2010, obligations to make direct loans to carry 
out the purposes of section 204(g) of the National Housing 
Act, as amended, shall not exceed $50,000,000: Provided 
further, That the foregoing amount shall be for loans to non-
profit and governmental entities in connection with sales 
of single family real properties owned by the Secretary and 
formerly insured under the Mutual Mortgage Insurance 
Fund. For administrative contract expenses, of the federal 
housing administartion $188,900,000, of $70,794,000 may 
be transferred to the Working caital fund, and of which up 
to $7,500,000 shall be for education and outreach of FHA 
single family loan products: Provided further, That to the 
extent 
guaranteed 
loan 
commitments 
exceed 
$200,000,000,000 on or before April 1, 2010, an additional 
$1,400 for administrative contract expenses shall be avail-
able for each $1,000,000 in additional guaranteed loan 
commitments (including a pro rata amount for any
282 
amount below $1,000,000), but in no case shall funds made 
available by this proviso exceed $30,000,000. 
GENERAL AND SPECIAL RISK PROGRAM ACCOUNT 
For the cost of guaranteed loans, as authorized by sec-
tions 238 and 519 of the National Housing Act (12 U.S.C. 
1715z–3 and 1735c), including the cost of loan guarantee 
modifications, as that term is defined in section 502 of the 
Congressional Budget Act of 1974, as amended, $8,600,000, 
to remain available until expended: Provided, That com-
mitments 
to 
guarantee 
loans 
shall 
not 
exceed 
$15,000,000,000 in total loan principal, any part of which 
is to be guaranteed. 
Gross obligations for the principal amount of direct 
loans, as authorized by sections 204(g), 207(l), 238, and 
519(a) of the National Housing Act, shall not exceed 
$20,000,000, which shall be for loans to nonprofit and gov-
ernmental entities in connection with the sale of single-fam-
ily real properties owned by the Secretary and formerly in-
sured under such Act. 
GOVERNMENT NATIONAL MORTGAGE ASSOCIATION 
GUARANTEES OF MORTGAGE-BACKED SECURITIES LOAN 
GUARANTEE PROGRAM ACCOUNT 
New commitments to issue guarantees to carry out the 
purposes of section 306 of the National Housing Act, as 
amended 
(12 
U.S.C. 
1721(g)), 
shall 
not 
exceed
283 
$500,000,000,000, to remain available until September 30, 
2011. 
POLICY DEVELOPMENT AND RESEARCH 
For contracts, grants, and necessary expenses of pro-
grams of research and studies relating to housing and 
urban problems, not otherwise provided for, as authorized 
by title V of the Housing and Urban Development Act of 
1970 (12 U.S.C. 1701z–1 et seq.), including carrying out 
the functions of the Secretary of Housing and Urban Devel-
opment under section 1(a)(1)(I) of Reorganization Plan No. 
2 of 1968, $48,000,000, to remain available until September 
30, 2011. 
FAIR HOUSING AND EQUAL OPPORTUNITY 
FAIR HOUSING ACTIVITIES 
For contracts, grants, and other assistance, not other-
wise provided for, as authorized by title VIII of the Civil 
Rights Act of 1968, as amended by the Fair Housing 
Amendments Act of 1988, and section 561 of the Housing 
and Community Development Act of 1987, as amended, 
$72,000,000, to remain available until September 30, 2011, 
of which $42,500,000 shall be to carry out activities pursu-
ant to such section 561 of which up to $2,000,000 shall be 
made available to carryout authorized activities to protect 
the public from mortgage rescue scams: Provided, That not-
withstanding 31 U.S.C. 3302, the Secretary may assess and
284 
collect fees to cover the costs of the Fair Housing Training 
Academy, and may use such funds to provide such training: 
Provided further, That no funds made available under this 
heading shall be used to lobby the executive or legislative 
branches of the Federal Government in connection with a 
specific contract, grant or loan: Provided further, That of 
the funds made available under this heading, $500,000 shall 
be available to the Secretary of Housing and Urban Devel-
opment for the creation and promotion of translated mate-
rials and other programs that support the assistance of per-
sons with limited English proficiency in utilizing the serv-
ices provided by the Department of Housing and Urban De-
velopment. 
OFFICE OF LEAD HAZARD CONTROL AND HEALTHY 
HOMES 
LEAD HAZARD REDUCTION 
For the Lead Hazard Reduction Program, as Author-
ized by section 1011 of the Residential Lead-Based Paint 
Hazard Reduction Act of 1992, $140,000,000, to remain 
available until September 30, 2011, of which not less than 
$20,000,000 shall be for the Healthy Homes Initiative, pur-
suant to sections 501 and 502 of the Housing and Urban 
Development Act of 1970 that shall include research, stud-
ies, testing, and demonstration efforts, including education 
and outreach concerning lead-based paint poisoning and
285 
other housing-related diseases and hazards: Provided, That 
for purposes of environmental review, pursuant to the Na-
tional Environmental Policy Act of 1969 (42 U.S.C. 4321 
et seq.) and other provisions of the law that further the pur-
poses of such Act, a grant under the Healthy Homes Initia-
tive, Operation Lead Elimination Action Plan (LEAP), or 
the Lead Technical Studies program under this heading or 
under prior appropriations Acts for such purposes under 
this heading, shall be considered to be funds for a special 
project for purposes of section 305(c) of the Multifamily 
Housing Property Disposition Reform Act of 1994: Pro-
vided further, That of the total amount made available 
under this heading, $48,000,000 shall be made available on 
a competitive basis for areas with the highest lead paint 
abatement needs: Provided further, That each recipient of 
funds provided under the second proviso shall make a 
matching contribution in an amount not less than 25 per-
cent: Provided further, That the Secretary may waive the 
matching requirement cited in the preceding proviso on a 
case by case basis if the Secretary determines that such a 
waiver is necessary to advance the purposes of this pro-
gram: Provided further, That each applicant shall submit 
a detailed plan and strategy that demonstrates adequate ca-
pacity that is acceptable to the Secretary to carry out the 
proposed use of funds pursuant to a notice of funding avail-
286 
ability: Provided further, That amounts made available 
under this heading in this or prior appropriations Acts, 
and that still remain available, may be used for any pur-
pose under this heading notwithstanding the purpose for 
which such amounts were appropriated if a program com-
petition is undersubscribed and there are other program 
competitions under this heading that are oversubscribed: 
Provided further, That of the total amount made available 
under this heading, $250,000 shall be allocated through the 
Office of Healthy Homes and Lead Hazard Control to con-
duct communications and outreach to potential applicants 
to the Lead Hazard Reduction Demonstration Grant pro-
gram. 
MANAGEMENT AND ADMINISTRATION 
WORKING CAPITAL FUND 
For additional capital for the Working Capital Fund 
(42 U.S.C. 3535) for the maintenance of infrastructure for 
Department-wide information technology systems, for the 
continuing operation and maintenance of both Department- 
wide and program-specific information systems, and for 
program-related maintenance activities, $200,000,000, to 
remain available until September 30, 2011: Provided, That 
any amounts transferred to this Fund under this Act shall 
remain available until expended: Provided further, That 
any amounts transferred to this Fund from amounts appro-
287 
priated by previously enacted appropriations Acts or from 
within this Act may be used for the purposes specified under 
this Fund, in addition to the purposes for which such 
amounts were appropriated: Provided further, That up to 
$15,000,000 may be transferred to this account from all 
other accounts in this title (except for the Office of the In-
spector General account) that make funds available for sala-
ries and expenses. 
OFFICE OF INSPECTOR GENERAL 
For necessary salaries and expenses of the Office of In-
spector General in carrying out the Inspector General Act 
of 1978, as amended, $126,000,000: Provided, That the In-
spector General shall have independent authority over all 
personnel issues within this office. 
TRANSFORMATION INITIATIVE 
(INCLUDING TRANSFER OF FUNDS) 
For necessary expenses for combating mortgage fraud, 
$20,000,000, to remain available until expended. 
In addition, of the amounts made available in this Act 
under each of the following headings under this title, the 
Secretary may transfer to, and merge with, this account 
up to 1 percent from each such account, and such trans-
ferred amounts shall be available until September 30, 2013, 
for (1) research, evaluation, and program metrics; (2) pro-
gram demonstrations; (3) technical assistance and capacity
288 
building; and (4) information technology: ‘‘Public Housing 
Capital Fund’’, ‘‘Choice Neighborhoods Initiative’’, ‘‘En-
ergy Innovation Fund’’, ‘‘Housing Opportunities for Per-
sons With AIDS’’, ‘‘Community Development Fund’’, 
‘‘HOME Investment Partnerships Program’’, ‘‘Self-Help 
and Assisted Homeownership Opportunity Program’’, 
‘‘Housing for the Elderly’’, ‘‘Housing for Persons With Dis-
abilities’’, ‘‘Housing Counseling Assistance’’, ‘‘Payment to 
Manufactured Housing Fees Trust Fund’’, ‘‘Mutual Mort-
gage Insurance Program Account’’, ‘‘General and Special 
Risk Program Account’’, ‘‘Research and Technology’’, 
‘‘Lead Hazard Reduction’’, ‘‘Rental Housing Assistance’’, 
and ‘‘Fair Housing Activities’’: Provided, That of the 
amounts made available under this paragraph, not less 
than $100,000,000 shall be available for information tech-
nology modernization, including development and deploy-
ment of a Next Generation of Voucher Management System 
and development and deployment of modernized Federal 
Housing Administration systems: Provided further, That 
not more than 25 percent of the funds made available for 
information technology modernization may be obligated 
until the Secretary submits to the Committees on Appro-
priations a plan for expenditure that (1) identifies for each 
modernization project (a) the functional and performance 
capabilities to be delivered and the mission benefits to be
289 
realized, (b) the estimated lifecycle cost, and (c) key mile-
stones to be met; (2) demonstrates that each modernization 
project is (a) compliant with the department’s enterprise 
architecture, (b) being managed in accordance with appli-
cable lifecycle management policies and guidance, (c) sub-
ject to the department’s capital planning and investment 
control requirements, and (d) supported by an adequately 
staffed project office; and (3) has been reviewed by the Gov-
ernment Accountability Office: Provided further, That of the 
amounts made available under this paragraph, not less 
than $40,000,000 shall be available for technical assistance 
and capacity building: Provided further, That technical as-
sistance activities shall include, technical assistance for 
HUD programs, including HOME, Community Develop-
ment Block Grant, homeless programs, HOPE VI, Choice 
Neighborhoods, Public Housing, the Housing Choice Vouch-
er Program, Fair Housing Initiative Program, Housing 
Counseling, Health Homes, Sustainable Communities, En-
ergy Innovation Fund and other technical assistance as de-
termined by the Secretary: Provided further, That of the 
amounts made available for research, evaluation and pro-
gram metrics and program demonstrations, the Secretary 
shall include an assessment of the housing needs of Native 
Americans: Provided further, That of the amounts made 
available for research, evaluation and program metrics and
290 
program demonstrations, the Secretary shall include plan-
ning, demonstrations, or evaluations related to pre-pur-
chase housing counseling and the Moving-to-Work dem-
onstration program: Provided further, That the Secretary 
shall submit a plan to the House and Senate Committees 
on Appropriations for approval detailing how the funding 
provided under this heading will be allocated to each of the 
four categories identified under this heading and for what 
projects or activities funding will be used: Provided further, 
That following the initial approval of this plan, the Sec-
retary may amend the plan with the approval of the House 
and Senate Committees on Appropriations. 
GENERAL PROVISIONS—DEPARTMENT OF HOUSING AND 
URBAN DEVELOPMENT 
(INCLUDING RESCISSION OF FUNDS) 
SEC. 201. Fifty percent of the amounts of budget au-
thority, or in lieu thereof 50 percent of the cash amounts 
associated with such budget authority, that are recaptured 
from projects described in section 1012(a) of the Stewart 
B. McKinney Homeless Assistance Amendments Act of 1988 
(42 U.S.C. 1437 note) shall be rescission or in the case of 
cash, shall be remitted to the Treasury, and such amounts 
of budget authority or cash recaptured and not rescission 
or remitted to the Treasury shall be used by State housing 
finance agencies or local governments or local housing agen-
291 
cies with projects approved by the Secretary of Housing and 
Urban Development for which settlement occurred after 
January 1, 1992, in accordance with such section. Notwith-
standing the previous sentence, the Secretary may award 
up to 15 percent of the budget authority or cash recaptured 
and not rescission or remitted to the Treasury to provide 
project owners with incentives to refinance their project at 
a lower interest rate. 
SEC. 202. None of the amounts made available under 
this Act may be used during fiscal year 2010 to investigate 
or prosecute under the Fair Housing Act any otherwise law-
ful activity engaged in by one or more persons, including 
the filing or maintaining of a non-frivolous legal action, 
that is engaged in solely for the purpose of achieving or 
preventing action by a Government official or entity, or a 
court of competent jurisdiction. 
SEC. 203. (a) Notwithstanding section 854(c)(1)(A) of 
the 
AIDS 
Housing 
Opportunity 
Act 
(42 
U.S.C. 
12903(c)(1)(A)), from any amounts made available under 
this title for fiscal year 2010 that are allocated under such 
section, the Secretary of Housing and Urban Development 
shall allocate and make a grant, in the amount determined 
under subsection (b), for any State that— 
(1) received an allocation in a prior fiscal year 
under clause (ii) of such section; and
292 
(2) is not otherwise eligible for an allocation for 
fiscal year 2010 under such clause (ii) because the 
areas in the State outside of the metropolitan statis-
tical areas that qualify under clause (I) in fiscal year 
2010 do not have the number of cases of acquired im-
munodeficiency syndrome (AIDS) required under 
such clause. 
(b) The amount of the allocation and grant for any 
State described in subsection (a) shall be an amount based 
on the cumulative number of AIDS cases in the areas of 
that State that are outside of metropolitan statistical areas 
that qualify under clause (I) of such section 854(c)(1)(A) 
in fiscal year 2010, in proportion to AIDS cases among 
cities and States that qualify under clauses (I) and (ii) of 
such section and States deemed eligible under subsection 
(a). 
(c) Notwithstanding any other provision of law, the 
amount allocated for fiscal year 2010 under section 854(c) 
of the AIDS Housing Opportunity Act (42 U.S.C. 
12903(c)), to the City of New York, New York, on behalf 
of the New York-Wayne-White Plains, New York-New Jersey 
Metropolitan Division (hereafter ‘‘metropolitan division’’) 
of the New York-Newark-Edison, NY-NJ-PA Metropolitan 
Statistical Area, shall be adjusted by the Secretary of Hous-
ing and Urban Development by: (1) allocating to the City
293 
of Jersey City, New Jersey, the proportion of the metropoli-
tan area’s or division’s amount that is based on the number 
of cases of AIDS reported in the portion of the metropolitan 
area or division that is located in Hudson County, New 
Jersey, and adjusting for the proportion of the metropolitan 
division’s high incidence bonus if this area in New Jersey 
also has a higher than average per capita incidence of 
AIDS; and (2) allocating to the City of Paterson, New Jer-
sey, the proportion of the metropolitan area’s or division’s 
amount that is based on the number of cases of AIDS re-
ported in the portion of the metropolitan area or division 
that is located in Bergen County and Passaic County, New 
Jersey, and adjusting for the proportion of the metropolitan 
division’s high incidence bonus if this area in New Jersey 
also has a higher than average per capita incidence of 
AIDS. The recipient cities shall use amounts allocated 
under this subsection to carry out eligible activities under 
section 855 of the AIDS Housing Opportunity Act (42 
U.S.C. 12904) in their respective portions of the metropoli-
tan division that is located in New Jersey. 
(d) Notwithstanding any other provision of law, the 
amount allocated for fiscal year 2010 under section 854(c) 
of the AIDS Housing Opportunity Act (42 U.S.C. 12903(c)) 
to areas with a higher than average per capita incidence
294 
of AIDS, shall be adjusted by the Secretary on the basis 
of area incidence reported over a 3 year period. 
SEC. 204. Except as explicitly provided in law, any 
grant, cooperative agreement or other assistance made pur-
suant to title II of this Act shall be made on a competitive 
basis and in accordance with section 102 of the Department 
of Housing and Urban Development Reform Act of 1989 
(42 U.S.C. 3545). 
SEC. 205. Funds of the Department of Housing and 
Urban Development subject to the Government Corporation 
Control Act or section 402 of the Housing Act of 1950 shall 
be available, without regard to the limitations on adminis-
trative expenses, for legal services on a contract or fee basis, 
and for utilizing and making payment for services and fa-
cilities of the Federal National Mortgage Association, Gov-
ernment National Mortgage Association, Federal Home 
Loan Mortgage Corporation, Federal Financing Bank, Fed-
eral Reserve banks or any member thereof, Federal Home 
Loan banks, and any insured bank within the meaning of 
the Federal Deposit Insurance Corporation Act, as amended 
(12 U.S.C. 1811—1). 
SEC. 206. Unless otherwise provided for in this Act 
or through a reprogramming of funds, no part of any ap-
propriation for the Department of Housing and Urban De-
velopment shall be available for any program, project or
295 
activity in excess of amounts set forth in the budget esti-
mates submitted to Congress. 
SEC. 207. Corporations and agencies of the Depart-
ment of Housing and Urban Development which are subject 
to the Government Corporation Control Act, are hereby au-
thorized to make such expenditures, within the limits of 
funds and borrowing authority available to each such cor-
poration or agency and in accordance with law, and to 
make such contracts and commitments without regard to 
fiscal year limitations as provided by section 104 of such 
Act as may be necessary in carrying out the programs set 
forth in the budget for 2010 for such corporation or agency 
except as hereinafter provided: Provided, That collections 
of these corporations and agencies may be used for new loan 
or mortgage purchase commitments only to the extent ex-
pressly provided for in this Act (unless such loans are in 
support of other forms of assistance provided for in this or 
prior appropriations Acts), except that this proviso shall 
not apply to the mortgage insurance or guaranty operations 
of these corporations, or where loans or mortgage purchases 
are necessary to protect the financial interest of the United 
States Government. 
SEC. 208. The Secretary of Housing and Urban Devel-
opment shall provide quarterly reports to the House and 
Senate Committees on Appropriations regarding all uncom-
296 
mitted, unobligated, recaptured and excess funds in each 
program and activity within the jurisdiction of the Depart-
ment and shall submit additional, updated budget informa-
tion to these Committees upon request. 
SEC. 209. (a) Notwithstanding any other provision of 
law, the amount allocated for fiscal year 2010 under section 
854(c) of the AIDS Housing Opportunity Act (42 U.S.C. 
12903(c)), to the City of Wilmington, Delaware, on behalf 
of the Wilmington, Delaware-Maryland-New Jersey Metro-
politan Division (hereafter ‘‘metropolitan division’’), shall 
be adjusted by the Secretary of Housing and Urban Devel-
opment by allocating to the State of New Jersey the propor-
tion of the metropolitan division’s amount that is based on 
the number of cases of AIDS reported in the portion of the 
metropolitan division that is located in New Jersey, and 
adjusting for the proportion of the metropolitan division’s 
high incidence bonus if this area in New Jersey also has 
a higher than average per capita incidence of AIDS. The 
State of New Jersey shall use amounts allocated to the State 
under this subsection to carry out eligible activities under 
section 855 of the AIDS Housing Opportunity Act (42 
U.S.C. 12904) in the portion of the metropolitan division 
that is located in New Jersey. 
(b) Notwithstanding any other provision of law, the 
Secretary of Housing and Urban Development shall allocate
297 
to Wake County, North Carolina, the amounts that other-
wise would be allocated for fiscal year 2010 under section 
854(c) of the AIDS Housing Opportunity Act (42 U.S.C. 
12903(c)) to the City of Raleigh, North Carolina, on behalf 
of the Raleigh-Cary, North Carolina Metropolitan Statis-
tical Area. Any amounts allocated to Wake County shall 
be used to carry out eligible activities under section 855 
of such Act (42 U.S.C. 12904) within such metropolitan sta-
tistical area. 
(c) Notwithstanding section 854(c) of the AIDS Hous-
ing Opportunity Act (42 U.S.C. 12903(c)), the Secretary 
of Housing and Urban Development may adjust the alloca-
tion of the amounts that otherwise would be allocated for 
fiscal year 2010 under section 854(c) of such Act, upon the 
written request of an applicant, in conjunction with the 
State(s), for a formula allocation on behalf of a metropoli-
tan statistical area, to designate the State or States in 
which the metropolitan statistical area is located as the eli-
gible grantee(s) of the allocation. In the case that a metro-
politan statistical area involves more than one State, such 
amounts allocated to each State shall be in proportion to 
the number of cases of AIDS reported in the portion of the 
metropolitan statistical area located in that State. Any 
amounts allocated to a State under this section shall be used
298 
to carry out eligible activities within the portion of the met-
ropolitan statistical area located in that State. 
SEC. 210. The President’s formal budget request for fis-
cal year 2011, as well as the Department of Housing and 
Urban Development’s congressional budget justifications to 
be submitted to the Committees on Appropriations of the 
House of Representatives and the Senate, shall use the iden-
tical account and sub-account structure provided under this 
Act. 
SEC. 211. A public housing agency or such other entity 
that administers Federal housing assistance for the Housing 
Authority of the county of Los Angeles, California, the 
States of Alaska, Iowa, and Mississippi shall not be re-
quired to include a resident of public housing or a recipient 
of assistance provided under section 8 of the United States 
Housing Act of 1937 on the board of directors or a similar 
governing board of such agency or entity as required under 
section (2)(b) of such Act. Each public housing agency or 
other entity that administers Federal housing assistance 
under section 8 for the Housing Authority of the county 
of Los Angeles, California and the States of Alaska, Iowa 
and Mississippi that chooses not to include a resident of 
Public Housing or a recipient of section 8 assistance on 
the board of directors or a similar governing board shall 
establish an advisory board of not less than six residents
299 
of public housing or recipients of section 8 assistance to 
provide advice and comment to the public housing agency 
or other administering entity on issues related to public 
housing and section 8. Such advisory board shall meet not 
less than quarterly. 
SEC. 212. (a) Notwithstanding any other provision of 
law, subject to the conditions listed in subsection (b), for 
fiscal years 2009 and 2010, the Secretary of Housing and 
Urban Development may authorize the transfer of some or 
all project-based assistance, debt and statutorily required 
low-income and very low-income use restrictions, associated 
with one or more multifamily housing project to another 
multifamily housing project or projects. 
(b) The transfer authorized in subsection (a) is subject 
to the following conditions: 
(1) The number of low-income and very low-in-
come units and the net dollar amount of Federal as-
sistance provided by the transferring project shall re-
main the same in the receiving project or projects. 
(2) The transferring project shall, as determined 
by the Secretary, be either physically obsolete or eco-
nomically non-viable. 
(3) The receiving project or projects shall meet or 
exceed applicable physical standards established by 
the Secretary.
300 
(4) The owner or mortgagor of the transferring 
project shall notify and consult with the tenants re-
siding in the transferring project and provide a cer-
tification of approval by all appropriate local govern-
mental officials. 
(5) The tenants of the transferring project who 
remain eligible for assistance to be provided by the re-
ceiving project or projects shall not be required to va-
cate their units in the transferring project or projects 
until new units in the receiving project are available 
for occupancy. 
(6) The Secretary determines that this transfer is 
in the best interest of the tenants. 
(7) If either the transferring project or the re-
ceiving project or projects meets the condition speci-
fied in subsection (c)(2)(A), any lien on the receiving 
project resulting from additional financing obtained 
by the owner shall be subordinate to any FHA-in-
sured mortgage lien transferred to, or placed on, such 
project by the Secretary. 
(8) If the transferring project meets the require-
ments of subsection (c)(2)(E), the owner or mortgagor 
of the receiving project or projects shall execute and 
record either a continuation of the existing use agree-
ment or a new use agreement for the project where,
301 
in either case, any use restrictions in such agreement 
are of no lesser duration than the existing use restric-
tions. 
(9) Any financial risk to the FHA General and 
Special Risk Insurance Fund, as determined by the 
Secretary, would be reduced as a result of a transfer 
completed under this section. 
(10) The Secretary determines that Federal li-
ability with regard to this project will not be in-
creased. 
(c) For purposes of this section— 
(1) the terms ‘‘low-income’’ and ‘‘very low-in-
come’’ shall have the meanings provided by the statute 
and/or regulations governing the program under 
which the project is insured or assisted; 
(2) the term ‘‘multifamily housing project’’ 
means housing that meets one of the following condi-
tions— 
(A) housing that is subject to a mortgage 
insured under the National Housing Act; 
(B) housing that has project-based assist-
ance attached to the structure including projects 
undergoing mark to market debt restructuring 
under the Multifamily Assisted Housing Reform 
and Affordability Housing Act;
302 
(C) housing that is assisted under section 
202 of the Housing Act of 1959 as amended by 
section 801 of the Cranston-Gonzales National 
Affordable Housing Act; 
(D) housing that is assisted under section 
202 of the Housing Act of 1959, as such section 
existed before the enactment of the Cranston- 
Gonzales National Affordable Housing Act; or 
(E) housing or vacant land that is subject 
to a use agreement; 
(3) the term ‘‘project-based assistance’’ means— 
(A) assistance provided under section 8(b) 
of the United States Housing Act of 1937; 
(B) assistance for housing constructed or 
substantially rehabilitated pursuant to assistance 
provided under section 8(b)(2) of such Act (as 
such section existed immediately before October 
1, 1983); 
(C) rent supplement payments under sec-
tion 101 of the Housing and Urban Development 
Act of 1965; 
(D) interest reduction payments under sec-
tion 236 and/or additional assistance payments 
under section 236(f)(2) of the National Housing 
Act; and
304 
SEC. 215. (a) No assistance shall be provided under 
section 8 of the United States Housing Act of 1937 (42 
U.S.C. 1437f) to any individual who— 
(1) is enrolled as a student at an institution of 
higher education (as defined under section 102 of the 
Higher Education Act of 1965 (20 U.S.C. 1002)); 
(2) is under 24 years of age; 
(3) is not a veteran; 
(4) is unmarried; 
(5) does not have a dependent child; 
(6) is not a person with disabilities, as such 
term is defined in section 3(b)(3)(E) of the United 
States 
Housing 
Act 
of 
1937 
(42 
U.S.C. 
1437a(b)(3)(E)) and was not receiving assistance 
under such section 8 as of November 30, 2005; and 
(7) is not otherwise individually eligible, or has 
parents who, individually or jointly, are not eligible, 
to receive assistance under section 8 of the United 
States Housing Act of 1937 (42 U.S.C. 1437f). 
(b) For purposes of determining the eligibility of a per-
son to receive assistance under section 8 of the United States 
Housing Act of 1937 (42 U.S.C. 1437f), any financial as-
sistance (in excess of amounts received for tuition) that an 
individual receives under the Higher Education Act of 1965 
(20 U.S.C. 1001 et seq.), from private sources, or an institu-
305 
tion of higher education (as defined under the Higher Edu-
cation Act of 1965 (20 U.S.C. 1002)), shall be considered 
income to that individual, except for a person over the age 
of 23 with dependent children. 
SEC. 216. Notwithstanding the limitation in the first 
sentence of section 255(g) of the National Housing Act (12 
U.S.C. 1715z–g)), the Secretary of Housing and Urban De-
velopment may, until September 30, 2010, insure and enter 
into commitments to insure mortgages under section 255(g) 
of the National Housing Act (12 U.S.C. 1715z–20). 
SEC. 217. Notwithstanding any other provision of law, 
in fiscal year 2010, in managing and disposing of any mul-
tifamily property that is owned or has a mortgage held by 
the Secretary of Housing and Urban Development, the Sec-
retary shall maintain any rental assistance payments 
under section 8 of the United States Housing Act of 1937 
and other programs that are attached to any dwelling units 
in the property. To the extent the Secretary determines, in 
consultation with the tenants and the local government, that 
such a multifamily property owned or held by the Secretary 
is not feasible for continued rental assistance payments 
under such section 8 or other programs, based on consider-
ation of (1) the costs of rehabilitating and operating the 
property and all available Federal, State, and local re-
sources, including rent adjustments under section 524 of the
306 
Multifamily Assisted Housing Reform and Affordability 
Act of 1997 (‘‘MAHRAA’’) and (2) environmental condi-
tions that cannot be remedied in a cost-effective fashion, the 
Secretary may, in consultation with the tenants of that 
property, contract for project-based rental assistance pay-
ments with an owner or owners of other existing housing 
properties, or provide other rental assistance. The Secretary 
shall also take appropriate steps to ensure that project-based 
contracts remain in effect prior to foreclosure, subject to the 
exercise of contractual abatement remedies to assist reloca-
tion of tenants for imminent major threats to health and 
safety. After disposition of any multifamily property de-
scribed under this section, the contract and allowable rent 
levels on such properties shall be subject to the requirements 
under section 524 of MAHRAA. 
SEC. 218. The Secretary of Housing and Urban Devel-
opment shall report quarterly to the House of Representa-
tives and Senate Committees on Appropriations on HUD’s 
use of all sole source contracts, including terms of the con-
tracts, cost, and a substantive rationale for using a sole 
source contract. 
SEC. 219. Notwithstanding any other provision of law, 
the recipient of a grant under section 202b of the Housing 
Act of 1959 (12 U.S.C. 1701q) after December 26, 2000, 
in accordance with the unnumbered paragraph at the end
307 
of section 202(b) of such Act, may, at its option, establish 
a single-asset nonprofit entity to own the project and may 
lend the grant funds to such entity, which may be a private 
nonprofit organization described in section 831 of the 
American Homeownership and Economic Opportunity Act 
of 2000. 
SEC. 220. (a) The amounts provided under the sub-
heading ‘‘Program Account’’ under the heading ‘‘Commu-
nity Development Loan Guarantees’’ may be used to guar-
antee, or make commitments to guarantee, notes, or other 
obligations issued by any State on behalf of non-entitlement 
communities in the State in accordance with the require-
ments of section 108 of the Housing and Community Devel-
opment Act of 1974: Provided, That, any State receiving 
such a guarantee or commitment shall distribute all funds 
subject to such guarantee to the units of general local gov-
ernment in non-entitlement areas that received the commit-
ment. 
(b) Not later than 60 days after the date of enactment 
of this Act, the Secretary of Housing and Urban Develop-
ment shall promulgate regulations governing the adminis-
tration of the funds described under subsection (a). 
SEC. 221. Section 24 of the United States Housing Act 
of 1937 (42 U.S.C. 1437v) is amended—
308 
(1) in subsection (m)(1), by striking ‘‘2009’’ and 
inserting ‘‘2010’’; and 
(2) in subsection (o), by striking ‘‘September 30, 
2009’’ and inserting ‘‘September 30, 2010’’. 
SEC. 222. Public housing agencies that own and oper-
ate 400 or fewer public housing units may elect to be exempt 
from any asset management requirement imposed by the 
Secretary of Housing and Urban Development in connec-
tion with the operating fund rule: Provided, That an agency 
seeking a discontinuance of a reduction of subsidy under 
the operating fund formula shall not be exempt from asset 
management requirements. 
SEC. 223. With respect to the use of amounts provided 
in this Act and in future Acts for the operation, capital 
improvement and management of public housing as author-
ized by sections 9(d) and 9(e) of the United States Housing 
Act of 1937 (42 U.S.C. 1437g(d) and (e)), the Secretary 
shall not impose any requirement or guideline relating to 
asset management that restricts or limits in any way the 
use of capital funds for central office costs pursuant to sec-
tion 9(g)(1) or 9(g)(2) of the United States Housing Act 
of 1937 (42 U.S.C. 1437g(g)(1), (2)): Provided, That a pub-
lic housing agency may not use capital funds authorized 
under section 9(d) for activities that are eligible under sec-
tion 9(e) for assistance with amounts from the operating
309 
fund in excess of the amounts permitted under section 
9(g)(1) or 9(g)(2). 
SEC. 224. The Secretary of Housing and Urban Devel-
opment shall report quarterly to the House of Representa-
tives and Senate Committees on Appropriations on the sta-
tus of all section 8 project-based housing, including the 
number of all project-based units by region as well as an 
analysis of all federally subsidized housing being refinanced 
under the Mark-to-Market program. The Secretary shall in 
the report identify all existing units maintained by region 
as section 8 project-based units and all project-based units 
that have opted out of section 8 or have otherwise been 
eliminated as section 8 project-based units. The Secretary 
shall identify in detail and by project all the efforts made 
by the Department to preserve all section 8 project-based 
housing units and all the reasons for any units which opted 
out or otherwise were lost as section 8 project-based units. 
Such analysis shall include a review of the impact of the 
loss of any subsidized units in that housing marketplace, 
such as the impact of cost and the loss of available sub-
sidized, low-income housing in areas with scarce housing 
resources for low-income families. 
SEC. 225. No official or employee of the Department 
of Housing and Urban Development shall be designated as 
an allotment holder unless the Office of the Chief Financial
310 
Officer has determined that such allotment holder has im-
plemented an adequate system of funds control and has re-
ceived training in funds control procedures and directives. 
The Chief Financial Officer shall ensure that, not later than 
90 days after the date of enactment of this Act, a trained 
allotment holder shall be designated for each HUD sub-
account under the headings ‘‘Executive Direction’’ and 
heading ‘‘Administration, Operations, and Management’’ 
as well as each account receiving appropriations for ‘‘per-
sonnel compensation and benefits’’ within the Department 
of Housing and Urban Development. 
SEC. 226. Payment of attorney fees in program-related 
litigation must be paid from individual program office per-
sonnel benefits and compensation funding. The annual 
budget submission for program office personnel benefit and 
compensation funding must include program-related litiga-
tion costs for attorney fees as a separate line item request. 
SEC. 227. The Secretary of the Department of Housing 
and Urban Development shall for Fiscal Year 2010 and 
subsequent fiscal years, notify the public through the Fed-
eral Register and other means, as determined appropriate, 
of the issuance of a notice of the availability of assistance 
or notice of funding availability (NOFA) for any program 
or discretionary fund administered by the Secretary that 
is to be competitively awarded. Notwithstanding any other
311 
provision of law, for Fiscal Year 2010 and subsequent fiscal 
years, the Secretary may make the NOFA available only 
on the Internet at the appropriate government website or 
websites or through other electronic media, as determined 
by the Secretary. 
PREPAYMENT AND REFINANCING 
SEC. 228. (a) APPROVAL OF PREPAYMENT OF DEBT.— 
Upon request of the project sponsor of a project assisted with 
a loan under section 202 of the Housing Act of 1959 (as 
in effect before the enactment of the Cranston-Gonzalez Na-
tional Affordable Housing Act), for which the Secretary’s 
consent to prepayment is required, the Secretary shall ap-
prove the prepayment of any indebtedness to the Secretary 
relating to any remaining principal and interest under the 
loan as part of a prepayment plan under which— 
(1) the project sponsor agrees to operate the 
project until the maturity date of the original loan 
under terms at least as advantageous to existing and 
future tenants as the terms required by the original 
loan agreement or any project-based rental assistance 
payments contract under section 8 of the United 
States Housing Act of 1937 (or any other project- 
based rental housing assistance programs of the De-
partment of Housing and Urban Development, in-
cluding the rent supplement program under section
312 
101 of the Housing and Urban Development Act of 
1965 (12 U.S.C. 1701s)) or any successor project- 
based rental assistance program, except as provided 
by subsection (a)(2)(B); and 
(2) the prepayment may involve refinancing of 
the loan if such refinancing results— 
(A) in a lower interest rate on the principal 
of the loan for the project and in reductions in 
debt service related to such loan; or 
(B) in the case of a project that is assisted 
with a loan under such section 202 carrying an 
interest rate of 6 percent or lower, a transaction 
under which— 
(i) the project owner shall address the 
physical needs of the project; 
(ii) the prepayment plan for the trans-
action, including the refinancing, shall meet 
a cost benefit analysis, as established by the 
Secretary, that the benefit of the transaction 
outweighs the cost of the transaction includ-
ing any increases in rent charged to unas-
sisted tenants; 
(iii) the overall cost for providing rent-
al assistance under section 8 for the project
313 
(if any) is not increased, except, upon ap-
proval by the Secretary to— 
(I) mark-up-to-market contracts 
pursuant to section 524(a)(3) of the 
Multifamily Assisted Housing Reform 
and Affordability Act (42 U.S.C. 1437f 
note), as such section is carried out by 
the Secretary for properties owned by 
nonprofit organizations; or 
(II) mark-up-to-budget contracts 
pursuant to section 524(a)(4) of the 
Multifamily Assisted Housing Reform 
and Affordability Act (42 U.S.C. 1437f 
note), as such section is carried out by 
the Secretary for properties owned by 
eligible owners ( as such term is de-
fined in section 202(k) of the Housing 
Act of 1959 (12 U.S.C. 1701q(k)); 
(iv) the project owner may charge ten-
ants rent sufficient to meet debt service pay-
ments and operating cost requirements, as 
approved by the Secretary, if project-based 
rental assistance is not available or is in-
sufficient for the debt service and operating
314 
cost of the project after refinancing. Such 
approval by the Secretary— 
(I) shall be the basis for the owner 
to agree to terminate the project-based 
rental assistance contract that is insuf-
ficient for the debt service and oper-
ating cost of the project after refi-
nancing; and 
(II) shall be an eligibility event 
for the project for purposes of section 
8(t) of the United States Housing Act 
of 1937 (42 U.S.C. 1437f(t)); 
(v) units to be occupied by tenants as-
sisted under section 8(t) of the United 
States Housing Act of 1937 (42 U.S.C. 
1437f(t)) shall, upon termination of the oc-
cupancy of such tenants, become eligible for 
project-based 
assistance 
under 
section 
8(o)(13) of the United States Housing Act 
of 1937 (42 U.S.C. 1437f(o)(13)) without 
regard to the percentage limitations pro-
vided in such section; and 
(vi) there shall be a use agreement of 
20 years from the date of the maturity date 
of the original 202 loan for all units, in-
315 
cluding units to be occupied by tenants as-
sisted under section 8(t) of the United 
States Housing Act of 1937 (42 U.S.C. 
1437f(t)). 
USE OF SURPLUS FEDERAL PROPERTY FOR THE HOMELESS 
SEC. 229. No property identified by the Secretary of 
Housing and Urban Development as surplus Federal prop-
erty for use to assist the homeless shall be made available 
to any homeless group unless the group is a member in good 
standing under any of HUD’s homeless assistance programs 
or is in good standing with any other program which re-
ceives funds from any other Federal or State agency or enti-
ty: Provided, That an exception may be made for an entity 
not involved with Federal homeless programs to use surplus 
Federal property for the homeless only after the Secretary 
or another responsible Federal agency has fully and com-
prehensively reviewed all relevant finances of the entity, the 
track record of the entity in assisting the homeless, the abil-
ity of the entity to manage the property, including all costs, 
the ability of the entity to administer homeless programs 
in a manner that is effective to meet the needs of the home-
less population that is expected to use the property and any 
other related issues that demonstrate a commitment to as-
sist the homeless: Provided further, That the Secretary shall 
not require the entity to have cash in hand in order to dem-