[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3288 Engrossed Amendment Senate (EAS)]

                  In the Senate of the United States,

                                                    September 17, 2009.
    Resolved, That the bill from the House of Representatives (H.R. 
3288) entitled ``An Act making appropriations for the Departments of 
Transportation, and Housing and Urban Development, and related agencies 
for the fiscal year ending September 30, 2010, and for other 
purposes.'', do pass with the following

                               AMENDMENT:

            Strike out all after the enacting clause and insert:

That the following sums are appropriated, out of any money in the 
Treasury not otherwise appropriated, for the Departments of 
Transportation and Housing and Urban Development, and related agencies 
for the fiscal year ending September 30, 2010, and for other purposes, 
namely:

                                TITLE I

                      DEPARTMENT OF TRANSPORTATION

                        Office of the Secretary

                         salaries and expenses

    For necessary expenses of the Office of the Secretary, 
$100,975,000, of which not to exceed $2,631,000 shall be available for 
the immediate Office of the Secretary; not to exceed $986,000 shall be 
available for the immediate Office of the Deputy Secretary; not to 
exceed $20,359,000 shall be available for the Office of the General 
Counsel; not to exceed $10,107,000 shall be available for the Office of 
the Under Secretary of Transportation for Policy; not to exceed 
$10,559,000 shall be available for the Office of the Assistant 
Secretary for Budget and Programs; not to exceed $2,400,000 shall be 
available for the Office of the Assistant Secretary for Governmental 
Affairs; not to exceed $26,265,000 shall be available for the Office of 
the Assistant Secretary for Administration; not to exceed $2,123,000 
shall be available for the Office of Public Affairs; not to exceed 
$1,711,000 shall be available for the Office of the Executive 
Secretariat; not to exceed $1,499,000 shall be available for the Office 
of Small and Disadvantaged Business Utilization; not to exceed 
$9,072,000 for the Office of Intelligence, Security, and Emergency 
Response; and not to exceed $13,263,000 shall be available for the 
Office of the Chief Information Officer: Provided, That the Secretary 
of Transportation is authorized to transfer funds appropriated for any 
office of the Office of the Secretary to any other office of the Office 
of the Secretary: Provided further, That no appropriation for any 
office shall be increased or decreased by more than 5 percent by all 
such transfers: Provided further, That notice of any change in funding 
greater than 5 percent shall be submitted for approval to the House and 
Senate Committees on Appropriations: Provided further, That not to 
exceed $60,000 shall be for allocation within the Department for 
official reception and representation expenses as the Secretary may 
determine: Provided further, That notwithstanding any other provision 
of law, excluding fees authorized in Public Law 107-71, there may be 
credited to this appropriation up to $2,500,000 in funds received in 
user fees: Provided further, That none of the funds provided in this 
Act shall be available for the position of Assistant Secretary for 
Public Affairs.

                  national infrastructure investments

    For capital investments in surface transportation infrastructure, 
$1,100,000,000, to remain available through September 30, 2012: 
Provided, That the Secretary of Transportation shall distribute funds 
provided under this heading as discretionary grants to be awarded to a 
State, local government, transit agency, or a collaboration among such 
entities on a competitive basis for projects that will have a 
significant impact on the Nation, a metropolitan area, or a region: 
Provided further, That projects eligible for funding provided under 
this heading shall include, but not be limited to, highway or bridge 
projects eligible under title 23, United States Code; public 
transportation projects eligible under chapter 53 of title 49, United 
States Code; passenger and freight rail transportation projects; and 
port infrastructure investments: Provided further, That in distributing 
funds provided under this heading, the Secretary shall take such 
measures so as to ensure an equitable geographic distribution of funds, 
an appropriate balance in addressing the needs of urban and rural 
communities, and the investment in a variety of transportation modes: 
Provided further, That a grant funded under this heading shall be not 
less than $10,000,000 and not greater than $300,000,000: Provided 
further, That not more than 25 percent of the funds made available 
under this heading may be awarded to projects in a single State: 
Provided further, That the Federal share of the costs for which an 
expenditure is made under this heading shall be, at the option of the 
recipient, up to 80 percent: Provided further, That the Secretary shall 
give priority to projects that require a contribution of Federal funds 
in order to complete an overall financing package: Provided further, 
That not less than $250,000,000 of the funds provided under this 
heading shall be for projects located in rural communities: Provided 
further, That for projects located in rural communities, the minimum 
grant size shall be $1,000,000 and the Secretary may increase the 
Federal share of costs above 80 percent: Provided further, That 
projects conducted using funds provided under this heading must comply 
with the requirements of subchapter IV of chapter 31 of title 40, 
United States Code: Provided further, That the Secretary shall publish 
criteria on which to base the competition for any grants awarded under 
this heading no sooner than 60 days after enactment of this Act, 
require applications for funding provided under this heading to be 
submitted so sooner than 120 days after the publication of such 
criteria, and announce all projects selected to be funded from funds 
provided under this heading no sooner than September 15, 2010: Provided 
further, That the Secretary may retain up to $25,000,000 of the funds 
provided under this heading, and may transfer portions of those funds 
to the Administrators of the Federal Highway Administration, the 
Federal Transit Administration, the Federal Railroad Administration and 
the Federal Maritime Administration, to fund the award and oversight of 
grants made under this heading.

                      financial management capital

    For necessary expenses for upgrading and enhancing the Department 
of Transportation's financial systems and re-engineering business 
processes, $5,000,000, to remain available until expended.

                         office of civil rights

    For necessary expenses of the Office of Civil Rights, $9,667,000.

           transportation planning, research, and development

    For necessary expenses for conducting transportation planning, 
research, systems development, development activities, and making 
grants, to remain available until expended, $8,233,000.

                          working capital fund

    Necessary expenses for operating costs and capital outlays of the 
Working Capital Fund, not to exceed $147,500,000, shall be paid from 
appropriations made available to the Department of Transportation: 
Provided, That such services shall be provided on a competitive basis 
to entities within the Department of Transportation: Provided further, 
That the above limitation on operating expenses shall not apply to non-
DOT entities: Provided further, That no funds appropriated in this Act 
to an agency of the Department shall be transferred to the Working 
Capital Fund without the approval of the agency modal administrator: 
Provided further, That no assessments may be levied against any 
program, budget activity, subactivity or project funded by this Act 
unless notice of such assessments and the basis therefor are presented 
to the House and Senate Committees on Appropriations and are approved 
by such Committees.

               minority business resource center program

    For the cost of guaranteed loans, $353,000, as authorized by 49 
U.S.C. 332: Provided, That such costs, including the cost of modifying 
such loans, shall be as defined in section 502 of the Congressional 
Budget Act of 1974: Provided further, That these funds are available to 
subsidize total loan principal, any part of which is to be guaranteed, 
not to exceed $18,367,000. In addition, for administrative expenses to 
carry out the guaranteed loan program, $570,000.

                       minority business outreach

    For necessary expenses of Minority Business Resource Center 
outreach activities, $3,074,000, to remain available until September 
30, 2011: Provided, That notwithstanding 49 U.S.C. 332, these funds may 
be used for business opportunities related to any mode of 
transportation.

                        payments to air carriers

                    (airport and airway trust fund)

                     (including transfer of funds)

    In addition to funds made available from any other source to carry 
out the essential air service program under 49 U.S.C. 41731 through 
41742, $125,000,000, to be derived from the Airport and Airway Trust 
Fund, to remain available until expended: Provided, That, in 
determining between or among carriers competing to provide service to a 
community, the Secretary may consider the relative subsidy requirements 
of the carriers: Provided further, That, if the funds under this 
heading are insufficient to meet the costs of the essential air service 
program in the current fiscal year, the Secretary shall transfer such 
sums as may be necessary to carry out the essential air service program 
from any available amounts appropriated to or directly administered by 
the Office of the Secretary for such fiscal year.

  administrative provisions--office of the secretary of transportation

    Sec. 101.  The Secretary of Transportation is authorized to 
transfer the unexpended balances available for the bonding assistance 
program from ``Office of the Secretary, Salaries and expenses'' to 
``Minority Business Outreach''.
    Sec. 102.  None of the funds made available in this Act to the 
Department of Transportation may be obligated for the Office of the 
Secretary of Transportation to approve assessments or reimbursable 
agreements pertaining to funds appropriated to the modal 
administrations in this Act, except for activities underway on the date 
of enactment of this Act, unless such assessments or agreements have 
completed the normal reprogramming process for Congressional 
notification.
    Sec. 103.  None of the funds made available under this Act may be 
obligated or expended to establish or implement a program under which 
essential air service communities are required to assume subsidy costs 
commonly referred to as the EAS local participation program.
    Sec. 104.  The Secretary or his or her designee may engage in 
activities with States and State legislators to consider proposals 
related to the reduction of motorcycle fatalities.
    Sec. 105  Such amounts as are required from amounts provided in 
this Act to the Office of the Secretary of Transportation for the 
Transportation Planning, Research and Development program may be used 
for the development, coordination, and analysis of data collection 
procedures and national performance measures.

                    Federal Aviation Administration

                               operations

                    (airport and airway trust fund)

                     (including transfer of funds)

    For necessary expenses of the Federal Aviation Administration, not 
otherwise provided for, including operations and research activities 
related to commercial space transportation, administrative expenses for 
research and development, establishment of air navigation facilities, 
the operation (including leasing) and maintenance of aircraft, 
subsidizing the cost of aeronautical charts and maps sold to the 
public, lease or purchase of passenger motor vehicles for replacement 
only, in addition to amounts made available by Public Law 108-176, 
$9,359,131,000, of which $5,277,648,000 shall be derived from the 
Airport and Airway Trust Fund, of which not to exceed $7,305,902,000 
shall be available for air traffic organization activities; not to 
exceed $1,236,565,000 shall be available for aviation safety 
activities; not to exceed $14,737,000 shall be available for commercial 
space transportation activities; not to exceed $113,681,000 shall be 
available for financial services activities; not to exceed $100,428,000 
shall be available for human resources program activities; not to 
exceed $341,977,000 shall be available for region and center operations 
and regional coordination activities; not to exceed $196,063,000 shall 
be available for staff offices; and not to exceed $49,778,000 shall be 
available for information services: Provided, That the Secretary 
utilize not less than $18,500,000 of the funds provided for aviation 
safety activities to pay for staff increases in the Office of Aviation 
Flight Standards and the Office of Aircraft Certification: Provided 
further, That none of the funds provided for increases to the staffs of 
the aviation flight standards and aircraft certification offices shall 
be used for other purposes: Provided further, That not to exceed 2 
percent of any budget activity, except for aviation safety budget 
activity, may be transferred to any budget activity under this heading: 
Provided further, That no transfer may increase or decrease any 
appropriation by more than 2 percent: Provided further, That any 
transfer in excess of 2 percent shall be treated as a reprogramming of 
funds under section 405 of this Act and shall not be available for 
obligation or expenditure except in compliance with the procedures set 
forth in that section: Provided further, That not later than March 31 
of each fiscal year hereafter, the Administrator of the Federal 
Aviation Administration shall transmit to Congress an annual update to 
the report submitted to Congress in December 2004 pursuant to section 
221 of Public Law 108-176: Provided further, That the amount herein 
appropriated shall be reduced by $100,000 for each day after March 31 
that such report has not been submitted to the Congress: Provided 
further, That not later than March 31 of each fiscal year hereafter, 
the Administrator shall transmit to Congress a companion report that 
describes a comprehensive strategy for staffing, hiring, and training 
flight standards and aircraft certification staff in a format similar 
to the one utilized for the controller staffing plan, including stated 
attrition estimates and numerical hiring goals by fiscal year: Provided 
further, That the amount herein appropriated shall be reduced by 
$100,000 per day for each day after March 31 that such report has not 
been submitted to Congress:  Provided further, That funds may be used 
to enter into a grant agreement with a nonprofit standard-setting 
organization to assist in the development of aviation safety standards: 
Provided further, That none of the funds in this Act shall be available 
for new applicants for the second career training program: Provided 
further, That none of the funds in this Act shall be available for the 
Federal Aviation Administration to finalize or implement any regulation 
that would promulgate new aviation user fees not specifically 
authorized by law after the date of the enactment of this Act: Provided 
further, That there may be credited to this appropriation funds 
received from States, counties, municipalities, foreign authorities, 
other public authorities, and private sources, for expenses incurred in 
the provision of agency services, including receipts for the 
maintenance and operation of air navigation facilities, and for 
issuance, renewal or modification of certificates, including airman, 
aircraft, and repair station certificates, or for tests related 
thereto, or for processing major repair or alteration forms: Provided 
further, That of the funds appropriated under this heading, not less 
than $9,500,000 shall be for the contract tower cost-sharing program: 
Provided further, That none of the funds in this Act for aeronautical 
charting and cartography are available for activities conducted by, or 
coordinated through, the Working Capital Fund: Provided further, That 
not to exceed $500,000 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, and $120,000 shall be paid from appropriations made 
available by this Act and provided to that office through reimbursement 
to conduct the annual Enterprise Services Center Statement on Auditing 
Standards 70 audit.

                        facilities and equipment

                    (airport and airway trust fund)

    For necessary expenses, not otherwise provided for, for 
acquisition, establishment, technical support services, improvement by 
contract or purchase, and hire of national airspace systems and 
experimental facilities and equipment, as authorized under part A of 
subtitle VII of title 49, United States Code, including initial 
acquisition of necessary sites by lease or grant; engineering and 
service testing, including construction of test facilities and 
acquisition of necessary sites by lease or grant; construction and 
furnishing of quarters and related accommodations for officers and 
employees of the Federal Aviation Administration stationed at remote 
localities where such accommodations are not available; and the 
purchase, lease, or transfer of aircraft from funds available under 
this heading, including aircraft for aviation regulation and 
certification; to be derived from the Airport and Airway Trust Fund, 
$2,942,352,000, of which $2,472,352,000 shall remain available until 
September 30, 2012, and of which $470,000,000 shall remain available 
until September 30, 2010: Provided, That there may be credited to this 
appropriation funds received from States, counties, municipalities, 
other public authorities, and private sources, for expenses incurred in 
the establishment and modernization of air navigation facilities: 
Provided further, That upon initial submission to the Congress of the 
fiscal year 2011 President's budget, the Secretary of Transportation 
shall transmit to the Congress a comprehensive capital investment plan 
for the Federal Aviation Administration which includes funding for each 
budget line item for fiscal years 2011 through 2015, with total funding 
for each year of the plan constrained to the funding targets for those 
years as estimated and approved by the Office of Management and Budget.

                 research, engineering, and development

                    (airport and airway trust fund)

    For necessary expenses, not otherwise provided for, for research, 
engineering, and development, as authorized under part A of subtitle 
VII of title 49, United States Code, including construction of 
experimental facilities and acquisition of necessary sites by lease or 
grant, $175,000,000, to be derived from the Airport and Airway Trust 
Fund and to remain available until September 30, 2012: Provided, That 
there may be credited to this appropriation as offsetting collections, 
funds received from States, counties, municipalities, other public 
authorities, and private sources, which shall be available for expenses 
incurred for research, engineering, and development.

                       grants-in-aid for airports

                (liquidation of contract authorization)

                      (limitation on obligations)

                    (airport and airway trust fund)

    For liquidation of obligations incurred for grants-in-aid for 
airport planning and development, and noise compatibility planning and 
programs as authorized under subchapter I of chapter 471 and subchapter 
I of chapter 475 of title 49, United States Code, and under other law 
authorizing such obligations; for procurement, installation, and 
commissioning of runway incursion prevention devices and systems at 
airports of such title; for grants authorized under section 41743 of 
title 49, United States Code; and for inspection activities and 
administration of airport safety programs, including those related to 
airport operating certificates under section 44706 of title 49, United 
States Code, $3,000,000,000 to be derived from the Airport and Airway 
Trust Fund and to remain available until expended: Provided, That none 
of the funds under this heading shall be available for the planning or 
execution of programs the obligations for which are in excess of 
$3,515,000,000 in fiscal year 2010, notwithstanding section 47117(g) of 
title 49, United States Code: Provided further, That none of the funds 
under this heading shall be available for the replacement of baggage 
conveyor systems, reconfiguration of terminal baggage areas, or other 
airport improvements that are necessary to install bulk explosive 
detection systems: Provided further, That notwithstanding any other 
provision of law, of funds limited under this heading, not more than 
$93,422,000 shall be obligated for administration, not less than 
$15,000,000 shall be available for the airport cooperative research 
program, not less than $22,472,000 shall be for Airport Technology 
Research and $8,000,000, to remain available until expended, shall be 
available and transferred to ``Office of the Secretary, Salaries and 
Expenses'' to carry out the Small Community Air Service Development 
Program.

                              (rescission)

    Of the amounts authorized for the fiscal year ending September 30, 
2009, and prior years under sections 48103 and 48112 of title 49, 
United States Code, $392,960,000 are permanently rescinded.

       administrative provisions--federal aviation administration

    Sec. 110.  None of the funds in this Act may be used to compensate 
in excess of 600 technical staff-years under the federally funded 
research and development center contract between the Federal Aviation 
Administration and the Center for Advanced Aviation Systems Development 
during fiscal year 2010.
    Sec. 111.  None of the funds in this Act shall be used to pursue or 
adopt guidelines or regulations requiring airport sponsors to provide 
to the Federal Aviation Administration without cost building 
construction, maintenance, utilities and expenses, or space in airport 
sponsor-owned buildings for services relating to air traffic control, 
air navigation, or weather reporting: Provided, That the prohibition of 
funds in this section does not apply to negotiations between the agency 
and airport sponsors to achieve agreement on ``below-market'' rates for 
these items or to grant assurances that require airport sponsors to 
provide land without cost to the FAA for air traffic control 
facilities.
    Sec. 112.  The Administrator of the Federal Aviation Administration 
may reimburse amounts made available to satisfy 49 U.S.C. 41742(a)(1) 
from fees credited under 49 U.S.C. 45303: Provided, That during fiscal 
year 2010, 49 U.S.C. 41742(b) shall not apply, and any amount remaining 
in such account at the close of that fiscal year may be made available 
to satisfy section 41742(a)(1) for the subsequent fiscal year.
    Sec. 113.  Amounts collected under section 40113(e) of title 49, 
United States Code, shall be credited to the appropriation current at 
the time of collection, to be merged with and available for the same 
purposes of such appropriation.
    Sec. 114.  None of the funds limited by this Act for grants under 
the Airport Improvement Program shall be made available to the sponsor 
of a commercial service airport if such sponsor fails to agree to a 
request from the Secretary of Transportation for cost-free space in a 
non-revenue producing, public use area of the airport terminal or other 
airport facilities for the purpose of carrying out a public service air 
passenger rights and consumer outreach campaign.
    Sec. 115.  None of the funds in this Act shall be available for 
paying premium pay under subsection 5546(a) of title 5, United States 
Code, to any Federal Aviation Administration employee unless such 
employee actually performed work during the time corresponding to such 
premium pay.
    Sec. 116.  None of the funds in this Act may be obligated or 
expended for an employee of the Federal Aviation Administration to 
purchase a store gift card or gift certificate through use of a 
Government-issued credit card.
    Sec. 117.  The Secretary shall apportion to the sponsor of an 
airport that received scheduled or unscheduled air service from a large 
certified air carrier (as defined in part 241 of title 14 Code of 
Federal Regulations, or such other regulations as may be issued by the 
Secretary under the authority of section 41709) an amount equal to the 
minimum apportionment specified in 49 U.S.C. 47114(c), if the Secretary 
determines that airport had more than 10,000 passenger boardings in the 
preceding calendar year, based on data submitted to the Secretary under 
part 241 of title 14, Code of Federal Regulations.

                     Federal Highway Administration

                 limitation on administrative expenses

                     (including transfer of funds)

    Not to exceed $415,396,000, together with advances and 
reimbursements received by the Federal Highway Administration, shall be 
paid in accordance with law from appropriations made available by this 
Act to the Federal Highway Administration for necessary expenses for 
administration and operation. In addition, not to exceed $3,524,000 
shall be paid from appropriations made available by this Act and 
transferred to the Department of Transportation's Office of Inspector 
General for costs associated with audits and investigations of projects 
and programs of the Federal Highway Administration, and not to exceed 
$285,000 shall be paid from appropriations made available by this Act 
and provided to that office through reimbursement to conduct the annual 
audits of financial statements in accordance with section 3521 of title 
31, United States Code. In addition, not to exceed $3,124,000 shall be 
paid from appropriations made available by this Act and transferred to 
the Appalachian Regional Commission in accordance with section 104 of 
title 23, United States Code.

                          federal-aid highways

                      (limitation on obligations)

                          (highway trust fund)

    None of the funds in this Act shall be available for the 
implementation or execution of programs, the obligations for which are 
in excess of $41,107,000,000 for Federal-aid highways and highway 
safety construction programs for fiscal year 2010: Provided, That 
within the $41,107,000,000 obligation limitation on Federal-aid 
highways and highway safety construction programs, not more than 
$429,800,000 shall be available for the implementation or execution of 
programs for transportation research (chapter 5 of title 23, United 
States Code; sections 111, 5505, and 5506 of title 49, United States 
Code; and title 5 of Public Law 109-59) for fiscal year 2010: Provided 
further, That this limitation on transportation research programs shall 
not apply to any authority previously made available for obligation: 
Provided further, That the Secretary may, as authorized by section 
605(b) of title 23, United States Code, collect and spend fees to cover 
the costs of services of expert firms, including counsel, in the field 
of municipal and project finance to assist in the underwriting and 
servicing of Federal credit instruments and all or a portion of the 
costs to the Federal Government of servicing such credit instruments: 
Provided further, That such fees are available until expended to pay 
for such costs: Provided further, That such amounts are in addition to 
administrative expenses that are also available for such purpose, and 
are not subject to any obligation limitation or the limitation on 
administrative expenses under section 608 of title 23, United States 
Code.

                (liquidation of contract authorization)

                          (highway trust fund)

    For carrying out the provisions of title 23, United States Code, 
that are attributable to Federal-aid highways, not otherwise provided, 
including reimbursement for sums expended pursuant to the provisions of 
23 U.S.C. 308, $41,846,000,000 or so much thereof as may be available 
in and derived from the Highway Trust Fund (other than the Mass Transit 
Account), to remain available until expended.

       administrative provisions--federal highway administration

    Sec. 120. (a) For fiscal year 2009, the Secretary of Transportation 
shall--
            (1) not distribute from the obligation limitation for 
        Federal-aid highways amounts authorized for administrative 
        expenses and programs by section 104(a) of title 23, United 
        States Code; programs funded from the administrative takedown 
        authorized by section 104(a)(1) of title 23, United States Code 
        (as in effect on the date before the date of enactment of the 
        Safe, Accountable, Flexible, Efficient Transportation Equity 
        Act: A Legacy for Users); the highway use tax evasion program; 
        and the Bureau of Transportation Statistics;
            (2) not distribute an amount from the obligation limitation 
        for Federal-aid highways that is equal to the unobligated 
        balance of amounts made available from the Highway Trust Fund 
        (other than the Mass Transit Account) for Federal-aid highways 
        and highway safety programs for previous fiscal years the funds 
        for which are allocated by the Secretary;
            (3) determine the ratio that--
                    (A) the obligation limitation for Federal-aid 
                highways, less the aggregate of amounts not distributed 
                under paragraphs (1) and (2), bears to
                    (B) the total of the sums authorized to be 
                appropriated for Federal-aid highways and highway 
                safety construction programs (other than sums 
                authorized to be appropriated for provisions of law 
                described in paragraphs (1) through (9) of subsection 
                (b) and sums authorized to be appropriated for section 
                105 of title 23, United States Code, equal to the 
                amount referred to in subsection (b)(10) for such 
                fiscal year), less the aggregate of the amounts not 
                distributed under paragraphs (1) and (2) of this 
                subsection;
            (4)(A) distribute the obligation limitation for Federal-aid 
        highways, less the aggregate amounts not distributed under 
        paragraphs (1) and (2), for sections 1301, 1302, and 1934 of 
        the Safe, Accountable, Flexible, Efficient Transportation 
        Equity Act: A Legacy for Users; sections 117 (but individually 
        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) and 
        section 144(g) of title 23, United States Code; and section 
        14501 of title 40, United States Code, so that the amount of 
        obligation authority available for each of such sections is 
        equal to the amount determined by multiplying the ratio 
        determined under paragraph (3) by the sums authorized to be 
        appropriated for that section for the fiscal year; and
            (B) distribute $2,000,000,000 for section 105 of title 23, 
        United States Code;
            (5) distribute the obligation limitation provided for 
        Federal-aid highways, less the aggregate amounts not 
        distributed under paragraphs (1) and (2) and amounts 
        distributed under paragraph (4), for each of the programs that 
        are allocated by the Secretary under the Safe, Accountable, 
        Flexible, Efficient Transportation Equity Act: A Legacy for 
        Users and title 23, United States Code (other than to programs 
        to which paragraphs (1) and (4) apply), by multiplying the 
        ratio determined under paragraph (3) by the amounts authorized 
        to be appropriated for each such program for such fiscal year; 
        and
            (6) distribute the obligation limitation provided for 
        Federal-aid highways, less the aggregate amounts not 
        distributed under paragraphs (1) and (2) and amounts 
        distributed under paragraphs (4) and (5), for Federal-aid 
        highways and highway safety construction programs (other than 
        the amounts apportioned for the equity bonus program, but only 
        to the extent that the amounts apportioned for the equity bonus 
        program for the fiscal year are greater than $2,639,000,000, 
        and the Appalachian development highway system program) that 
        are apportioned by the Secretary under the Safe, Accountable, 
        Flexible, Efficient Transportation Equity Act: A Legacy for 
        Users and title 23, United States Code, in the ratio that--
                    (A) amounts authorized to be appropriated for such 
                programs that are apportioned to each State for such 
                fiscal year, bear to
                    (B) the total of the amounts authorized to be 
                appropriated for such programs that are apportioned to 
                all States for such fiscal year.
    (b) Exceptions From Obligation Limitation.--The obligation 
limitation for Federal-aid highways shall not apply to obligations: (1) 
under section 125 of title 23, United States Code; (2) under section 
147 of the Surface Transportation Assistance Act of 1978; (3) under 
section 9 of the Federal-Aid Highway Act of 1981; (4) under subsections 
(b) and (j) of section 131 of the Surface Transportation Assistance Act 
of 1982; (5) under subsections (b) and (c) of section 149 of the 
Surface Transportation and Uniform Relocation Assistance Act of 1987; 
(6) under sections 1103 through 1108 of the Intermodal Surface 
Transportation Efficiency Act of 1991; (7) under section 157 of title 
23, United States Code, as in effect on the day before the date of the 
enactment of the Transportation Equity Act for the 21st Century; (8) 
under section 105 of title 23, United States Code, as in effect for 
fiscal years 1998 through 2004, but only in an amount equal to 
$639,000,000 for each of those fiscal years; (9) for Federal-aid 
highway programs for which obligation authority was made available 
under the Transportation Equity Act for the 21st Century or subsequent 
public laws for multiple years or to remain available until used, but 
only to the extent that the obligation authority 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, 
Flexible, 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 Authority.--Notwithstanding 
subsection (a), the Secretary shall, after August 1 of such fiscal 
year, revise a distribution of the obligation limitation made available 
under subsection (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 priority 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 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 Federal-aid highway and highway safety 
construction programs 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 programs; and
                    (B) the Secretary determines will not be allocated 
                to the States, and will not be available for 
                obligation, in such fiscal year due to the imposition 
                of any obligation limitation for such fiscal year.
            (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 described in section 133(b) 
        of title 23, United States Code.
    (f) Special Limitation Characteristics.--Obligation limitation 
distributed for a fiscal year under subsection (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 limitation 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), obligation 
        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 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 authority 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 distribution 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 Equity Act: A 
Legacy for Users.
    Sec. 121.  Notwithstanding 31 U.S.C. 3302, funds received by the 
Bureau of Transportation Statistics from the sale of data products, for 
necessary expenses incurred pursuant to 49 U.S.C. 111 may be credited 
to the Federal-aid highways account for the purpose of reimbursing the 
Bureau for such expenses: Provided, That such funds shall be subject to 
the obligation limitation for Federal-aid highways and highway safety 
construction.
    Sec. 122.  There is hereby appropriated to the Secretary of 
Transportation $165,000,000 for surface transportation priorities: 
Provided, That the amount provided by 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 Federal agency: 
Provided further, That the Federal share payable 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 Secretary of 
Transportation $1,400,000,000, to remain available 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 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 apportioned under 
this section shall be administered as if apportioned under chapter 1 of 
title 23, United States Code: Provided further, That the Federal share 
payable on account of any project or activity carried out with funds 
apportioned 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 
further, That the amounts made available under this section shall not 
be subject to any limitation on obligations for Federal-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 requirement 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 provide 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 provided under 
        title 23, United States Code; and
            (3) is in actual operation as of the date of enactment 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 segment, 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 considered to be a non-toll lane 
        for purposes of determining whether a highway will have fewer 
        non-toll lanes than prior to the date of imposition of the 
        toll, if--
                    (A) high-occupancy vehicles occupied by the number 
                of passengers specified by the entity operating the 
                toll lane may use the toll lane without paying a toll, 
                unless otherwise specified by the appropriate county, 
                town, municipal or other local government entity, or 
                public toll road or transit authority; or
                    (B) each high-occupancy vehicle lane that was 
                converted to a toll lane was constructed as a temporary 
                lane to be replaced by a toll lane under a plan 
                approved by the appropriate county, town, municipal or 
                other local government entity, or public toll road or 
                transit authority.
    Sec. 126.  Item 4866A in the table contained in section 1702 of the 
Safe, Accountable, Flexible, Efficient Transportation Equity Act: A 
Legacy for Users (Public Law 109-59) is amended by striking ``Repair 
and restore'' and inserting ``Removal of and enhancements around''.
    Sec. 127.  Item 3923 in the table contained in section 1702 of the 
Safe, Accountable, Flexible, Efficient Transportation Equity Act: A 
Legacy for Users (Public Law 109-59) is amended by striking ``to 4 
lanes from I-10 to West U.S. 90''.
    Sec. 128.  Funds made available for ``Brentwood Boulevard/SR 4 
Improvements, Brentwood, CA'' under section 129 of Public Law 110-161 
shall be made available for ``John Muir Parkway Project, Brentwood, 
CA''.
    Sec. 129.  The table contained in section 1702 of the Safe, 
Accountable, Flexible, Efficient Transportation Equity Act: A Legacy 
for Users (119 Stat. 1256) is amended in item number 3138 by striking 
the project description and inserting ``Elimination of highway-railway 
crossings and rehabilitation of rail along the KO railroad to 
Osborne''.
    Sec. 130.  Funds made available for ``City of Tuscaloosa Downtown 
Revitalization Project--University Blvd and Greensboro Avenue, AL'' 
under section 125 of Public Law 111-8 shall be made available for 
``City of Tuscaloosa Downtown Revitalization Project--University 
Blvd''.
    Sec. 131.  The table contained in section 1702 of the Safe, 
Accountable, Flexible, Efficient Transportation Equity Act: A Legacy 
for Users (119 Stat. 1256) is amended by striking the project 
description for item number 4573 and inserting the following: ``Design 
and construct interchange on I-15 in Mesquite''.

              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 implementation, 
execution and administration of motor carrier safety 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 
Account), together with advances and reimbursements received by the 
Federal Motor Carrier Safety Administration, the sum of which shall 
remain available until expended: Provided, That none of the funds 
derived from the Highway Trust Fund in this Act shall be available for 
the implementation, execution or administration of programs, the 
obligations 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 September 30, 2012, is for the research 
and technology program and $1,000,000 shall be available for commercial 
motor vehicle 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 for the execution and administration 
of motor carrier safety operations and programs: Provided further, That 
notwithstanding 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 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 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 to carry out sections 31102 and 31104(a) of title 49, United 
States Code; $25,000,000 shall be available for the commercial driver's 
license improvements program to carry out section 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 registration 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 commercial 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 
improvement 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: Provided further, That $1,530,000 in unobligated balances are 
permanently rescinded.

                          motor carrier safety

                          (highway trust fund)

                              (rescission)

    Of the amounts made available under this heading in prior 
appropriations Acts, $3,400,000 in unobligated balances 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 balances 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 Public Law 110-28, including that the 
Secretary submit a report 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 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 expended 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 
further, That within the $105,500,000 obligation limitation for 
operations and research, $26,908,000 shall remain available 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 expended: Provided, That none of the funds in this Act 
shall be available for the implementation or execution of programs 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 September 30, 2011: Provided, That the 
funding made available under this heading shall be used to carry out 
the modernization of the National Driver Register.

                     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 Performance 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 imposed on obligations for 
such grants for future fiscal years; $34,500,000 shall be for ``State 
Traffic Safety Information System Improvements'' under 23 U.S.C. 408; 
$139,000,000 shall be for ``Alcohol-Impaired Driving Countermeasures 
Incentive Grant Program'' under 23 U.S.C. 410; $18,500,000 shall be for 
``Administrative Expenses'' under section 2001(a)(11) of Public Law 
109-59; $29,000,000 shall be for ``High Visibility Enforcement 
Program'' under section 2009 of Public Law 109-59; $7,000,000 shall be 
for ``Motorcyclist Safety'' under section 2010 of Public Law 109-59; 
and $7,000,000 shall be for ``Child Safety and Child Booster Seat 
Safety Incentive Grants'' under section 2011 of Public Law 109-59: 
Provided further, That none of these funds shall be used for 
construction, rehabilitation, or remodeling costs, or for office 
furnishings and fixtures for State, local or private buildings or 
structures: Provided further, That not to exceed $500,000 of the funds 
made available for section 410 ``Alcohol-Impaired Driving 
Countermeasures Grants'' shall be available for technical assistance to 
the States: Provided further, That not to exceed $750,000 of the funds 
made available for the ``High Visibility Enforcement Program'' shall be 
available for the evaluation required under section 2009(f) of Public 
Law 109-59.

      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 section 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 programs of the 
National Highway Traffic Safety Administration 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 obligation authority has not lapsed or been used.
    Sec. 142.  Of the amounts made available under the heading 
``Operations and Research (Liquidation of Contract 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) (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 Administration, 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 development, 
$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 sections 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 commitments shall be made using Federal funds for the credit 
risk premium during fiscal year 2010.

              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 developed 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 Corporation 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 expended: 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 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 Efficiency 
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 Corporation 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 financial analysis, revenue projection, and 
capital expenditure projection justifying the Federal support to the 
Secretary'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 Department 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 service: 
Provided further, That the Inspector General of the Department of 
Transportation shall provide semiannual reports to the House and Senate 
Committees on Appropriations 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 Appropriations, the House Committee on 
Transportation and Infrastructure and the Senate Committee on Commerce, 
Science, and Transportation the annual budget and business 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 
Northeast Corridor; commuter service; long-distance Amtrak service; 
State-supported service; each intercity train route, including 
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 
business plan: Provided further, That the Corporation shall provide 
semiannual reports in electronic format regarding the pending business 
plan, which shall describe the work completed 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 
justification 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 displayed on the Corporation's 
website within a reasonable timeframe following their submission to the 
appropriate entities: 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 Government.

  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 remain available until expended, of which not to 
exceed $264,000,000 shall be for debt service obligations as authorized 
by section 102 of such Act: Provided, That of the funding 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 Disabilities 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 authorized 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 purchase orders of 
materials, for the Corporation only after receiving and reviewing a 
request for each specific capital project justifying the Federal 
support to the Secretary's satisfaction: 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 approved by the Secretary 
of Transportation or on the Corporation's fiscal year 2010 business 
plan: Provided further, That, the business plan shall be accompanied by 
a comprehensive fleet plan for all Amtrak rolling stock which shall 
address the Corporation's detailed plans and timeframes for the 
maintenance, refurbishment, replacement and expansion of the Amtrak 
fleet: Provided further, That said fleet plan shall establish year-
specific goals and milestones and discuss potential, current, and 
preferred financing 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 section 26106 of title 49, 
United States Code, capital investment 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: Provided, 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 Secretary 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: Provided 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 provision 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, 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 passenger 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 benefit 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 railroads of financial resources to improve the safety of 
highway/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 
demonstration of technologies and undertaking analyses supporting 
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 Administrator 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 administration of such purchases and use.
    Sec. 152.  Hereafter, notwithstanding any other provision 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 Corporation contracts to have services provided 
at or from any location outside the United States. For purposes of this 
section, 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 within the United States.
    Sec. 153.  The Secretary of Transportation may receive 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 Government owned automated track inspection cars and equipment 
as a result of third party liability for such damages, and any amounts 
collected under this section shall be credited directly to the Safety 
and Operations account of the Federal Railroad Administration, and 
shall remain available until expended for the repair, operation and 
maintenance 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 improving the on-time performance of Amtrak 
intercity rail service operating on non-Amtrak owned property. Such 
reports shall compare the most recent actual on-time performance 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 information 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 Grade Separation, 
Port of Tacoma, Washington'' shall be made available for this project 
as therein described.
    Sec. 156.  The Administrator of the Federal Railroad 
Administration, in cooperation with the Illinois Department of 
Transportation (IDOT), may provide technical and financial assistance 
to IDOT and local and county officials to study the feasibility of 10th 
Street, or other alternatives, in Springfield, Illinois, as a route for 
consolidated freight and passenger rail operations within the city of 
Springfield.
    Sec. 157. (a) Funding Limitation.--Notwithstanding any other 
provision of law, beginning on the date of the enactment of this Act, 
amounts made available in this Act for the National Railroad Passenger 
Corporation (Amtrak) shall immediately cease to be available if after 
March 31, 2010, Amtrak prohibits the secure transportation of firearms 
on passenger trains.
    (b) Definition.--In this section, the term ``secure transportation 
of firearms'' means--
            (1) if an Amtrak station accepts checked baggage for a 
        specific Amtrak route, Amtrak passengers holding a ticket for 
        such route are allowed to place an unloaded firearm or starter 
        pistol in a checked bag on such route if--
                    (A) before checking the bag or boarding the train, 
                the passenger declares to Amtrak, either orally or in 
                writing, that the firearm is in his or her bag and is 
                unloaded;
                    (B) the firearm is carried in a hard-sided 
                container;
                    (C) such container is locked; and
                    (D) only the passenger has the key or combination 
                for such container; and
            (2) Amtrak passengers are allowed to place small arms 
        ammunition for personal use in a checked bag on an Amtrak route 
        if the ammunition is securely packed--
                    (A) in fiber, wood, or metal boxes; or
                    (B) in other packaging specifically designed to 
                carry small amounts of ammunition.

                     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 
further, 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.

                         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 Highway 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 available until expended: 
Provided, That $10,000,000 is available 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 centers 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: 
Provided further, That of the funds available to carry out section 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 recipients 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 associated with audits and 
investigations of transit-related issues, including reviews of new 
fixed guideway systems.

       grants for energy efficiency and greenhouse gas reductions

    For grants to public transit agencies for capital investments that 
will reduce the energy consumption or greenhouse 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 announce 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 Transit Authority as 
authorized under section 601 of Public Law 110-432, $150,000,000, to 
remain available through September 30, 2012: Provided, That the 
Secretary shall approve grants for capital and preventive maintenance 
expenditures for the Washington Metropolitan Area Transit Authority 
only after receiving and reviewing a request for each specific 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 programs 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 previously 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 Administration, 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 be directed to projects eligible to use the funds for 
the purposes 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 Administration, Capital investment grants'' 
in any appropriations 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 section 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 such vessels and facilities, and for repair 
facilities: Provided, 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 passenger ferry boat service 
demonstration project to test the viability of different intra-island 
ferry boat routes and technologies.
    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-Federal funds.
    Sec. 167.  The Secretary of Transportation shall provide 
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 actions the Department of Transportation will take and 
what additional legislative authorities it may need in order to fully 
implement recommendations of the National Transportation Safety Board 
directed at the Federal Transit Administration, 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 Committees on 
Appropriations a report outlining these recommendations 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 section 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 obligations of the 
Government and contingent commitments to incur obligations covered by 
all outstanding letters of intent, 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 estimates is 
necessary for grants under section 5309 of title 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 charter 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 Secretary 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 
percentage 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, including cost 
effectiveness, on the public transportation costs and public 
transportation benefits.

             Saint Lawrence Seaway Development Corporation

    The Saint Lawrence Seaway Development Corporation is hereby 
authorized to make such expenditures, within 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 activities 
authorized by law, $154,900,000, of which $11,240,000 shall remain 
available until expended for maintenance and repair of training ships 
at State Maritime Schools Academies, and of which $15,000,000 shall 
remain 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 Academy shall be available only upon allotments made personally 
by the Secretary of Transportation and not a designee: Provided 
further, That the Superintendent, Deputy Superintendent and the 
Director of the Office of Resource Management of the United States 
Merchant Marine Academy may not be allotment holders for the United 
States Merchant Marine Academy, and the Administrator of Maritime 
Administration shall hold all allotments made by the Secretary of 
Transportation under the previous proviso: Provided further, That 50 
percent of the funding made available 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 
Administration, completes a plan detailing by program or activity 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.

                             ship disposal

    For necessary expenses related to the disposal of obsolete vessels 
in the National Defense Reserve Fleet of the Maritime 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 
application for assistance no later than 60 days after enactment of 
this Act: Provided further, That from applications submitted under the 
previous proviso, the Secretary of Transportation shall make grants no 
later than 120 days after enactment of this Act in such amounts as the 
Secretary determines: Provided further, That not to exceed 2 percent of 
the funds appropriated under this heading shall be available 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 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 guaranteed loan 
program, which shall be transferred to and merged with the 
appropriation for ``Operations and Training'', 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 connection with any lease, contract, or 
occupancy involving Government property under control of the Maritime 
Administration, 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 Administration'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 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 materials safety 
functions of the Pipeline and Hazardous Materials 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 until 
expended, funds received from States, counties, municipalities, other 
public authorities, and private sources for expenses incurred for 
training, for reports publication and dissemination, and for travel 
expenses incurred in performance 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 Fund, to remain available 
until September 30, 2011: Provided, That not more than $28,318,000 
shall be made available 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 obligation by individuals other 
than the Secretary of Transportation, 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 
appropriation, 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 General 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 carrying out the duties specified in the 
Inspector General Act, 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 established 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 received during fiscal year 2010, to 
result in a final appropriation from the general fund estimated at no 
more than $27,082,000.

            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 liability insurance for motor vehicles operating 
in foreign countries on official department business; and uniforms or 
allowances 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 available for 
salaries and expenses of more than 110 political and Presidential 
appointees in the Department of Transportation: 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 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 Administration, 
Federal Transit Administration, and Federal Railroad Administration 
from States, counties, municipalities, other public authorities, and 
private sources for expenses 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 Operations'' 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 Administration, the 
Federal Railroad Administration and the Federal Transit Administration 
shall be for the eligible programs, projects and activities in the 
corresponding amounts identified in the committee report accompanying 
this Act for ``Ferry Boats and Ferry Terminal Facilities'', ``Federal 
Lands'', ``Interstate Maintenance Discretionary'', ``Transportation, 
Community and System Preservation Program'', ``Delta Region 
Transportation Development Program'', ``Rail Line Relocation and 
Improvement Program'', ``Rail-highway crossing hazard eliminations'', 
``Capital Investment 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 heretofore 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 Department of 
Transportation may be used to make a grant unless the Secretary of 
Transportation notifies the House and Senate Committees on 
Appropriations not less than 3 full business 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 administrations from: (1) any discretionary grant program of 
the Federal Highway Administration including the emergency relief 
program; (2) the airport improvement program of the Federal Aviation 
Administration; (3) any grant from the Federal Railroad Administration; 
or (4) any program of the Federal Transit Administration other than the 
formula 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 program: 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 Transportation from travel 
management centers, charge card programs, the subleasing of building 
space, and miscellaneous sources are to be credited to appropriations 
of the Department of Transportation and allocated to elements of the 
Department of Transportation using fair and equitable criteria 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 payments 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 improper payments; 
        and
            (2) to pay contractors for services provided in recovering 
        improper payments or contractor support in the implementation 
        of the Improper Payments Information 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 payments were 
                made, and shall be available for the purposes and 
                period for which such appropriations are available; or
                    (B) if no such appropriation remains available, 
                shall be deposited in the Treasury as miscellaneous 
                receipts: Provided further, That prior to the transfer 
                of any such recovery to an appropriations account, the 
                Secretary shall notify to the House and Senate 
                Committees on Appropriations of the amount and reasons 
                for such transfer: 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 provided to the House and Senate 
Committees on Appropriations, said reprogramming action shall be 
approved or denied solely by the Committees on Appropriations: 
Provided, That the Secretary may provide notice to other congressional 
committees of the action of the Committees on Appropriations 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 Committees 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 authorized 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 Department's Working Capital fund is hereby 
authorized to provide 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.
    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 southern 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 southern 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 Energy, Commerce and Agriculture to develop a 
comprehensive 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 (including 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 people, 
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 recommendations on how to minimize impediments to growth and 
maximize water value of benefits related to energy production and 
efficiency, congestion relief, trade and transport 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 Appropriations Act (Public Law 107-
87) for the Las Vegas, Nevada Monorail Project, funds made available 
under section 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 
Transportation 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 applicable.
    This title may be cited as the ``Department of Transportation 
Appropriations Act, 2010''.

                                TITLE II

              DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

                     Management and Administration

                          Executive Direction

    For necessary salaries and expenses for Executive Direction, 
$25,969,000, of which not to exceed $4,619,000 shall be available for 
the immediate Office of the Secretary and Deputy Secretary; not to 
exceed $1,703,000 shall be available for the Office of Hearings and 
Appeals; not to exceed $778,000 shall be available for the Office of 
Small and Disadvantaged Business Utilization; not to exceed $727,000 
shall be available for the immediate Office of the Chief Financial 
Officer; not to exceed $1,474,000 shall be available for the immediate 
Office of the General Counsel; not to exceed $2,912,000 shall be 
available to the Office of the Assistant Secretary for Congressional 
and Intergovernmental Relations; not to exceed $3,110,000 shall be 
available for the Office of the Assistant Secretary for Public Affairs; 
not to exceed $1,218,000 shall be available for the Office of the 
Assistant Secretary for Administration; not to exceed $2,125,000 shall 
be available to the Office of the Assistant Secretary for Public and 
Indian Housing; not to exceed $1,781,000 shall be available to the 
Office of the Assistant Secretary for Community Planning and 
Development; not to exceed $3,497,000 shall be available to the Office 
of the Assistant Secretary for Housing, Federal Housing Commissioner; 
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 
authorized to transfer funds appropriated for any office funded 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: Provided 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 exceed $25,000 of the amount made available under this paragraph for 
the immediate Office of the Secretary shall be available for official 
reception and representation expenses as the Secretary may determine.

               administration, operations and management

    For necessary salaries and expenses for administration, operations 
and management for the Department of Housing and Urban Development, 
$537,897,000, of which not to exceed $76,958,000 shall be available for 
the personnel compensation and benefits of the Office of 
Administration; not to exceed $11,277,000 shall be available for the 
personnel compensation and benefits of the Office of Departmental 
Operations and Coordination; not to exceed $51,275,000 shall be 
available for the personnel compensation and benefits of the Office of 
Field Policy and Management; not to exceed $14,649,000 shall be 
available for the personnel compensation and benefits of the Office of 
the Chief Procurement Officer; not to exceed $35,197,000 shall be 
available for the personnel compensation and benefits of the remaining 
staff in the Office of the Chief Financial Officer; not to exceed 
$89,062,000 shall be available for the personnel compensation and 
benefits of the remaining staff in the Office of the General Counsel; 
not to exceed $3,296,000 shall be available for the personnel 
compensation and benefits of the Office of Departmental Equal 
Employment Opportunity; not to exceed $1,393,000 shall be available for 
the personnel compensation and benefits for the Center for Faith-Based 
and Community Initiatives; not to exceed $2,400,000 shall be available 
for the personnel compensation and benefits for the Office of 
Sustainability; not to exceed $2,520,000 shall be available for the 
personnnel compensation 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 administrative and non-administrative 
expenses of the Department of Housing and Urban Development, not 
otherwise provided for, including purchase of uniforms, or allowances 
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 heading 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 included in Administration, 
Operations and Management to any other office included in 
Administration, Operations and Management only after such transfer has 
been submitted to, and received prior written approval by, the House 
and Senate Committees on Appropriations: Provided further, That no 
appropriation for any office shall be increased 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 expenses of the 
Office of Public and Indian Housing, $197,074,000.

                   community planning and development

    For necessary personnel compensation and benefits expenses of the 
Office of Community Planning and Development mission area, $98,989,000.

                                housing

    For necessary personnel compensation and benefits expenses of the 
Office of Housing, $374,887,000.

         office of the government national mortgage association

    For necessary personnel compensation and benefits expenses 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.

                    policy development and research

    For necessary personnel compensation and benefits expenses of the 
Office of Policy Development and Research, $21,138,000.

                   fair housing and equal opportunity

    For necessary personnel compensation and benefits expenses of the 
Office of Fair Housing and Equal Opportunity, $71,800,000.

            office of healthy homes and lead hazard control

                  personnel compensation and benefits

    For necessary personnel compensation and benefits expenses 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 tenant-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 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 renewals of 
        expiring section 8 tenant-based annual contributions contracts 
        (including renewals of enhanced vouchers under any provision of 
        law authorizing such assistance under section 8(t) of the Act) 
        and including 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): Provided, 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 funding 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 
        established 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 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 further, That except as provided in the last two 
        provisos, the entire amount specified under this paragraph 
        (except as otherwise modified under this Act) shall be 
        obligated to the public housing agencies based on the 
        allocation 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 
        Moving to Work agreements and shall be subject to the same pro 
        rata adjustments under the previous provisos: Provided further, 
        That up to $150,000,000 shall be available only: (1) to adjust 
        the allocations for public housing agencies, after application 
        for an adjustment by a public housing agency that experienced a 
        significant increase, as determined by the Secretary, in 
        renewal costs of tenant-based rental assistance resulting from 
        unforeseen circumstances or from portability under section 8(r) 
        of the Act; (2) for adjustments for public housing agencies 
        with voucher leasing rates at the end of the calendar year that 
        exceed 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 assistance 
        for relocation and replacement of housing units that are 
        demolished or disposed of pursuant to the Omnibus Consolidated 
        Rescissions and Appropriations Act of 1996 (Public Law 104-
        134), conversion 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 prosecution agency, enhanced 
        vouchers under any provision of law authorizing such assistance 
        under section 8(t) of the Act, HOPE VI vouchers, mandatory and 
        voluntary conversions, and tenant protection assistance 
        including replacement and relocation assistance 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 
        Public Law 106-569, as amended, or under the authority as 
        provided under this Act: Provided, That the Secretary 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 administering the 
        section 8 tenant-based rental assistance program, of which up 
        to $50,000,000 shall be available to the Secretary to allocate 
        to public housing 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 incremental vouchers: 
        Provided, That no less than $1,500,000,000 of the amount 
        provided in this paragraph 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 
        provisions) 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 paragraph are insufficient to pay the 
        amounts determined under the previous proviso, the Secretary 
        may decrease the amounts allocated to agencies by a uniform 
        percentage applicable to all agencies receiving funding under 
        this paragraph or may, to the extent necessary to provide full 
        payment of amounts determined under the previous proviso, 
        utilize unobligated balances, including recaptures and 
        carryovers, remaining from funds appropriated to the Department 
        of Housing and Urban Development under this heading, for fiscal 
        year 2009 and prior fiscal years, notwithstanding the purposes 
        for which such amounts were appropriated: Provided further, 
        That amounts provided under this paragraph shall be only for 
        activities related to the provision of tenant-based rental 
        assistance authorized under section 8, including related 
        development 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 assistance through 
        the Family Unification Program: Provided, 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 Development 
        shall make such funding available, notwithstanding section 204 
        (competition provision) of this title, to entities with 
        demonstrated experience and resources for supportive services;
            (6) $75,000,000 for incremental rental voucher assistance 
        for use through a supported housing program administered in 
        conjunction with the Department 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, notwithstanding 
        section 204 (competition provision) of this title, to public 
        housing agencies that partner with eligible VA Medical Centers 
        or other entities as designated by the Secretary of the 
        Department of Veterans Affairs, based on geographical need for 
        such assistance as identified by the Secretary of the 
        Department of Veterans Affairs, public housing agency 
        administrative performance, and other factors as specified by 
        the Secretary of Housing and Urban Development in consultation 
        with the Secretary of the Department 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 regulation 
        that the Secretary of Housing and Urban Development administers 
        in connection with the use of funds made available under this 
        paragraph (except for requirements related to fair housing, 
        nondiscrimination, labor standards, and the environment), 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
            (7) up to $50,000,000 provided under this heading maybe 
        transferred to and merged with the appropriation for 
        ``Transformation Initiative''.

                        housing certificate fund

    Unobligated balances, including recaptures and carryover, remaining 
from funds appropriated to the Department of Housing and Urban 
Development under this heading, the heading ``Annual Contributions for 
Assisted Housing'' and the heading ``Project-Based Rental Assistance'', 
for fiscal year 2010 and prior years may be used for renewal of or 
amendments to section 8 project-based contracts and for performance-
based contract administrators, notwithstanding the purposes for which 
such funds were appropriated: 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 provision 
of law or regulation, during fiscal year 2010 the Secretary of Housing 
and Urban Development may not delegate to any Department official other 
than the Deputy Secretary 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 section: 
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: Provided further, That up to $15,345,000 shall be to 
support the ongoing Public Housing Financial and Physical Assessment 
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 provided under this heading, not to exceed $20,000,000 
shall be available for the Secretary to make grants, notwithstanding 
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 activity as well as needs resulting from 
unforeseen or unpreventable emergencies and natural disasters excluding 
Presidentially 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: Provided further, That of the 
amounts provided under this heading $50,000,000 shall be for grants to 
be competitively awarded to public housing agencies for the 
construction, rehabilitation or purchase of facilities to be used to 
provide early education, adult education, job training or other 
appropriate services to public housing residents: Provided further, 
That grantees shall demonstrate an ability to leverage other Federal, 
State, local or private resources for the construction, rehabilitation 
or acquisition of such facilities, and that selected grantees shall 
demonstrate a capacity to pay the long-term costs of operating such 
facilities: Provided 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 section 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 judicial 
receiverships: Provided further, That from the funds made available 
under this heading, the Secretary shall provide 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 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 operation 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 appropriation for ``Transformation Initiative''.

                          choice neighborhoods

    For competitive grants under the Choice Neighborhoods Initiative 
for transformation, rehabilitation and replacement housing needs of 
both public and HUD-assisted housing and to transform neighborhoods of 
poverty into functioning, sustainable mixed income neighborhoods with 
appropriate services, public assets, transportation and access to jobs, 
and schools, including public schools, community schools, and charter 
schools, $250,000,000, to remain available until September 30, 2013: 
Provided, That grant funds may be used for resident and community 
services, community development and affordable housing needs in the 
community, and for conversion of vacant or foreclosed properties to 
affordable housing: Provided further, That grantees shall undertake 
comprehensive local planning with input 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, service 
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 Administrator of the Environmental Protection Agency to 
coordinate and leverage other appropriate Federal resources: Provided 
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 identifying functioning, sustainable, mixed-income neighborhoods and 
a plan for how HUD will work with other agencies: 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 comprehensive strategies for implementing this program in 
conjunction with community notice and input: Provided further, That the 
Secretary shall develop and publish guidelines for the use of such 
competitive funds, including but not limited to eligible activities, 
program requirements, protections and services for affected residents, 
and performance metrics.

                  native american housing block grants

    For the Native American Housing Block Grants program, 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 remain available until expended: Provided, That, 
notwithstanding 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 Census data and with the need component based on 
multi-race Census data, and the amount of the allocation for each 
Indian 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 Native American housing interests 
for providing training and technical assistance to Indian housing 
authorities and tribally designated housing entities as authorized 
under NAHASDA; and $4,250,000 shall be to support the inspection of 
Indian housing units, contract expertise, training, and technical 
assistance in the training, oversight, and management of such Indian 
housing and tenant-based assistance, including up to $300,000 for 
related travel: Provided further, That of the amount provided under 
this heading, $2,000,000 shall be made available for the cost of 
guaranteed notes and other obligations, as authorized by title VI of 
NAHASDA: Provided further, That such costs, including the costs of 
modifying such notes and other obligations, shall be as defined in 
section 502 of the Congressional Budget 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 program, 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 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 section 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 
further, 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 management 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 section 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 
further, That these funds are available to subsidize total loan 
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 Persons with AIDS 
program, as authorized by the AIDS Housing 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 September 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 development 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 development 
block grant program under title I of the Housing and Community 
Development Act of 1974, as amended (the ``Act'' herein) (42 U.S.C. 
5301 et seq.): Provided further, That unless explicitly provided for 
under this heading (except 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 appropriated under this 
heading shall be expended for planning 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 (including 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 targeted economic investments in accordance 
with the terms and conditions specified in the explanatory statement 
accompanying this Act: Provided, That none of the funds provided under 
this paragraph may be used for program operations: 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, purchase of equipment, revitalization, redevelopment or 
construction.
    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 
declining economic base, or to determine whether housing benefits 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 heading 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 construction 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 heading 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 Housing Renovation Project'' and inserting ``Transitional 
Housing Project''.
    The referenced explanatory statement under the heading ``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 
Transitional 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 efforts 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 
Integrated Planning Grants to support the linking of transportation and 
land use planning: Provided further, That not less than $25,000,000 of 
the funding made available for Regional Integrated Planning Grants 
shall be awarded to metropolitan 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 affordable, 
economically vital, and sustainable communities: Provided further, That 
before funding is made available for Regional Integrated Planning 
Grants or Community Challenge Planning Grants, the Secretary, in 
coordination with the Secretary of Transportation, shall submit a plan 
to the House and Senate Committees on Appropriations, the Senate 
Committee on Banking and Urban Affairs, and the House Committee on 
Financial Services establishing grant criteria as well as performance 
measures by which the success of grantees will be measured: Provided 
further, That the Secretary will consult with the Secretary of 
Transportation in selecting grant recipients: Provided further, That up 
to $10,000,000 shall be for a joint Department of Housing and Urban 
Development and Department of Transportation research effort that shall 
include a rigorous evaluation of the Regional Integrated Planning 
Grants and Community 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 development agencies, local rural nonprofits 
and community development corporations to address the problems of 
concentrated 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 federally recognized Indian Tribes, through 
activities including 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 borrowers, 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 Congressional Budget Act of 1974.

                  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 remain available until September 30, 2012: 
Provided, That, funds provided in prior appropriations Acts for 
technical assistance, that were made available for Community Housing 
Development Organizations technical assistance, and that still remain 
available, may be used for HOME technical assistance notwithstanding 
the purposes for which such amounts were appropriated.

        self-help and assisted homeownership opportunity program

    For the Self-Help and Assisted Homeownership Opportunity 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 Opportunity 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 Act of 1993 (42 U.S.C. 9816 
note), of which not less than $5,000,000 may be made available for 
rural capacity building activities: Provided further, That $8,000,000 
shall be made available for capacity building activities as authorized 
in sections 6301 through 6305 of Public Law 110-246.

                       homeless assistance grants

                     (including transfer of funds)

    For the emergency shelter grants program as authorized under 
subtitle B of title IV of the McKinney-Vento Homeless Assistance Act, 
as amended; the supportive housing 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 individuals 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 rehabilitation 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 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 administered 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 Secretary 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 appropriate 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 programs for which 
homeless populations may be eligible, including Medicaid, State 
Children's Health Insurance Program, 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 further, That up to $6,000,000 
of the funds appropriated under 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 transferred 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 available 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 subsidy contracts 
        (including section 8 moderate rehabilitation contracts), for 
        amendments to section 8 project-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 renewal 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 administrative 
        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 assistance: 
        Provided, That the Secretary of Housing and Urban Development 
        may also use such amounts for performance-based contract 
        administrators for the administration of: interest reduction 
        payments pursuant to section 236(a) of the National Housing Act 
        (12 U.S.C. 1715z-1(a)); rent supplement payments pursuant to 
        section 101 of the Housing and Urban Development 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 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 disabilities under section 
        811(d)(2) of the Cranston-Gonzalez 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 Housing'', or the heading 
        ``Housing Certificate Fund'' may be used for renewals of or 
        amendments to section 8 project-based contracts or for 
        performance-based contract administrators, notwithstanding the 
        purposes for which such amounts were appropriated.

                        housing for the elderly

                     (including transfer of funds)

    For capital advances, including amendments to capital advance 
contracts, for housing for the elderly, as authorized by section 202 of 
the Housing Act of 1959, as 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 
contracts 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 advance 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 further, That of 
the amount provided under this heading, up to $90,000,000 shall be for 
service coordinators and the continuation 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 determined 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 covering 
costs of architectural and engineering work, site control, and other 
planning relating to the development of supportive 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 
inspections and inspection-related activities associated with section 
202 capital advance projects: Provided further, That the Secretary may 
waive the provisions of section 202 governing 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 persons 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 disabilities as authorized by section 
811(b)(1) of such Act, and for tenant-based rental assistance contracts 
entered into 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 available 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 following 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 
assistance 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 Secretary 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 duration: 
Provided further, That amounts made available under this heading shall 
be available for Real Estate Assessment Center inspections and 
inspection-related activities associated 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 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: Provided, That funds shall be used for providing counseling 
and advice to tenants and homeowners, both current and prospective, 
with respect to property maintenance, financial 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: Provided 
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 Sustainability to catalyze 
innovations in the residential energy efficiency 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: Provided, That $20,000,000 shall be for the Energy 
Efficient Mortgage Innovation pilot program, directed at the single 
family housing market: Provided further, That $20,000,000 shall be for 
the Multifamily Energy Pilot, directed 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 
capital to stimulate the development of model residential energy 
efficient retrofits in ten or more communities: Provided further, That 
selected communities shall have demonstrated capacity to conduct energy 
efficient retrofit activities, 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 
expended.

                            rent supplement

                              (rescission)

    Of the amounts recaptured from terminated contracts under section 
101 of the Housing and Urban Development Act of 1965 (12 U.S.C. 1701s) 
and section 236 of the National 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 designated by the 
Congress as an emergency requirement pursuant 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 appropriated 
under this heading shall be available from the general 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 result 
in a final fiscal year 2010 appropriation from the general fund 
estimated at not more than $9,000,000 and fees pursuant to such section 
620 shall be modified as necessary to ensure such a final fiscal year 
2010 appropriation: Provided further, That for the dispute resolution 
and installation programs, the Secretary of Housing and Urban 
Development may assess and collect fees from any program participant: 
Provided further, That such collections shall be deposited into the 
Fund, and the Secretary, as provided herein, 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 responsibilities 
of the Secretary under such Act through the use of approved service 
providers that are paid directly by the recipients 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 Insurance Fund shall not exceed 
a loan principal of $400,000,000,000: Provided, That for the cost of 
new guaranteed 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 commitments under section 255 will 
and do exceed $30,000,000,000, an additional $26,600 shall be available 
for each $1,000,000 in such additional commitments (including 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 nonprofit 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 administration $188,900,000, 
of $70,794,000 may be transferred to the Working capital 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 available for each $1,000,000 in additional guaranteed loan 
commitments (including a pro rata amount for any 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 sections 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 
commitments 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 governmental entities in connection with the sale of 
single-family real properties owned by the Secretary and formerly 
insured 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 $500,000,000,000, to remain available until 
September 30, 2011.

                    Policy Development and Research

    For contracts, grants, and necessary expenses of programs 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 
Development 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 otherwise 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 pursuant 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 notwithstanding 31 U.S.C. 3302, the Secretary may assess 
and 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 
Development for the creation and promotion of translated materials and 
other programs that support the assistance of persons with limited 
English proficiency in utilizing the services provided by the 
Department of Housing and Urban Development.

            Office of Lead Hazard Control and Healthy Homes

                         lead hazard reduction

    For the Lead Hazard Reduction Program, as Authorized 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, 
pursuant to sections 501 and 502 of the Housing and Urban Development 
Act of 1970 that shall include research, studies, testing, and 
demonstration efforts, including education and outreach concerning 
lead-based paint poisoning and other housing-related diseases and 
hazards: Provided, That for purposes of environmental review, pursuant 
to the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
seq.) and other provisions of the law that further the purposes of such 
Act, a grant under the Healthy Homes Initiative, 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: Provided 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 percent: 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 program: Provided 
further, That each applicant shall submit a detailed plan and strategy 
that demonstrates adequate capacity that is acceptable to the Secretary 
to carry out the proposed use of funds pursuant to a notice of funding 
availability: 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 purpose under this heading 
notwithstanding the purpose for which such amounts were appropriated if 
a program competition 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 conduct communications and outreach to potential 
applicants to the Lead Hazard Reduction Demonstration Grant program.

                     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 appropriated 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 Inspector General account) that make 
funds available for salaries and expenses.

                      office of inspector general

    For necessary salaries and expenses of the Office of Inspector 
General in carrying out the Inspector General Act of 1978, as amended, 
$126,000,000: Provided, That the Inspector 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 transferred amounts shall be available until 
September 30, 2013, for (1) research, evaluation, and program metrics; 
(2) program demonstrations; (3) technical assistance and capacity 
building; and (4) information technology: ``Public Housing Capital 
Fund'', ``Choice Neighborhoods Initiative'', ``Energy Innovation 
Fund'', ``Housing Opportunities for Persons With AIDS'', ``Community 
Development Fund'', ``HOME Investment Partnerships Program'', ``Self-
Help and Assisted Homeownership Opportunity Program'', ``Housing for 
the Elderly'', ``Housing for Persons With Disabilities'', ``Housing 
Counseling Assistance'', ``Payment to Manufactured Housing Fees Trust 
Fund'', ``Mutual Mortgage 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 technology modernization, including development and 
deployment 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 
Appropriations 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 realized, (b) the 
estimated lifecycle cost, and (c) key milestones to be met; (2) 
demonstrates that each modernization project is (a) compliant with the 
department's enterprise architecture, (b) being managed in accordance 
with applicable lifecycle management policies and guidance, (c) subject 
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 Government 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 
assistance activities shall include, technical assistance for HUD 
programs, including HOME, Community Development Block Grant, homeless 
programs, HOPE VI, Choice Neighborhoods, Public Housing, the Housing 
Choice Voucher Program, Fair Housing Initiative Program, Housing 
Counseling, Health Homes, Sustainable Communities, Energy Innovation 
Fund and other technical assistance as determined by the Secretary: 
Provided further, That of the amounts made available for research, 
evaluation and program 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 program demonstrations, 
the Secretary shall include planning, demonstrations, or evaluations 
related to pre-purchase housing counseling and the Moving-to-Work 
demonstration 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 
Secretary 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 authority, 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 agencies with projects approved by the 
Secretary of Housing and Urban Development for which settlement 
occurred after January 1, 1992, in accordance with such section. 
Notwithstanding 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 lawful 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
            (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 statistical areas that qualify 
        under clause (I) in fiscal year 2010 do not have the number of 
        cases of acquired immunodeficiency 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 Housing and Urban Development by: (1) 
allocating to the City of Jersey City, New Jersey, the proportion of 
the metropolitan 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 Jersey, the proportion of the metropolitan 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 
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 metropolitan 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 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 pursuant 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 administrative expenses, for legal services on a 
contract or fee basis, and for utilizing and making payment for 
services and facilities of the Federal National Mortgage Association, 
Government National Mortgage Association, Federal Home Loan Mortgage 
Corporation, Federal Financing Bank, Federal 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 appropriation for the Department 
of Housing and Urban Development shall be available for any program, 
project or activity in excess of amounts set forth in the budget 
estimates submitted to Congress.
    Sec. 207.  Corporations and agencies of the Department of Housing 
and Urban Development which are subject to the Government Corporation 
Control Act, are hereby authorized to make such expenditures, within 
the limits of funds and borrowing authority available to each such 
corporation 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 expressly 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 Development shall 
provide quarterly reports to the House and Senate Committees on 
Appropriations regarding all uncommitted, unobligated, recaptured and 
excess funds in each program and activity within the jurisdiction of 
the Department and shall submit additional, updated budget information 
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 Metropolitan Division (hereafter ``metropolitan division''), 
shall be adjusted by the Secretary of Housing and Urban Development by 
allocating to the State of New Jersey the proportion 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 to Wake County, North 
Carolina, the amounts that otherwise 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 Statistical 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 statistical area.
    (c) Notwithstanding section 854(c) of the AIDS Housing Opportunity 
Act (42 U.S.C. 12903(c)), the Secretary of Housing and Urban 
Development may adjust the allocation 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 metropolitan 
statistical area, to designate the State or States in which the 
metropolitan statistical area is located as the eligible grantee(s) of 
the allocation. In the case that a metropolitan 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 to carry 
out eligible activities within the portion of the metropolitan 
statistical area located in that State.
    Sec. 210.  The President's formal budget request for fiscal 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 identical 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 required 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 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-income units and 
        the net dollar amount of Federal assistance provided by the 
        transferring project shall remain the same in the receiving 
        project or projects.
            (2) The transferring project shall, as determined by the 
        Secretary, be either physically obsolete or economically non-
        viable.
            (3) The receiving project or projects shall meet or exceed 
        applicable physical standards established by the Secretary.
            (4) The owner or mortgagor of the transferring project 
        shall notify and consult with the tenants residing in the 
        transferring project and provide a certification of approval by 
        all appropriate local governmental officials.
            (5) The tenants of the transferring project who remain 
        eligible for assistance to be provided by the receiving project 
        or projects shall not be required to vacate 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 receiving 
        project or projects meets the condition specified 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-insured mortgage lien transferred to, or placed on, 
        such project by the Secretary.
            (8) If the transferring project meets the requirements 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 agreement or a new use 
        agreement for the project where, in either case, any use 
        restrictions in such agreement are of no lesser duration than 
        the existing use restrictions.
            (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 liability with 
        regard to this project will not be increased.
    (c) For purposes of this section--
            (1) the terms ``low-income'' and ``very low-income'' 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 conditions--
                    (A) housing that is subject to a mortgage insured 
                under the National Housing Act;
                    (B) housing that has project-based assistance 
                attached to the structure including projects undergoing 
                mark to market debt restructuring under the Multifamily 
                Assisted Housing Reform and Affordability Housing Act;
                    (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 section 101 of 
                the Housing and Urban Development Act of 1965;
                    (D) interest reduction payments under section 236 
                and/or additional assistance payments under section 
                236(f)(2) of the National Housing Act; and
                    (E) assistance payments made under section 
                202(c)(2) of the Housing Act of 1959;
            (4) the term ``receiving project or projects'' means the 
        multifamily housing project or projects to which some or all of 
        the project-based assistance, debt, and statutorily required 
        use low-income and very low-income restrictions are to be 
        transferred;
            (5) the term ``transferring project'' means the multifamily 
        housing project which is transferring some or all of the 
        project-based assistance, debt and the statutorily required 
        low-income and very low-income use restrictions to the 
        receiving project or projects; and
            (6) the term ``Secretary'' means the Secretary of Housing 
        and Urban Development.
    Sec. 213.  The funds made available for Native Alaskans under the 
heading ``Native American Housing Block Grants'' in title III of this 
Act shall be allocated to the same Native Alaskan housing block grant 
recipients that received funds in fiscal year 2005.
    Sec. 214.  No funds provided under this title may be used for an 
audit of the Government National Mortgage Association that makes 
applicable requirements under the Federal Credit Reform Act of 1990 (2 
U.S.C. 661 et seq.).
    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 person to 
receive assistance under section 8 of the United States Housing Act of 
1937 (42 U.S.C. 1437f), any financial assistance (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 institution of higher education (as defined under the Higher 
Education 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 Development 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 multifamily property that 
is owned or has a mortgage held by the Secretary of Housing and Urban 
Development, the Secretary 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 
consideration of (1) the costs of rehabilitating and operating the 
property and all available Federal, State, and local resources, 
including rent adjustments under section 524 of the Multifamily 
Assisted Housing Reform and Affordability Act of 1997 (``MAHRAA'') and 
(2) environmental conditions 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 payments 
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 relocation of tenants for imminent major 
threats to health and safety. After disposition of any multifamily 
property described 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 Development shall 
report quarterly to the House of Representatives and Senate Committees 
on Appropriations on HUD's use of all sole source contracts, including 
terms of the contracts, 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 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 subheading ``Program 
Account'' under the heading ``Community Development Loan Guarantees'' 
may be used to guarantee, 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 requirements of section 
108 of the Housing and Community Development 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 government in non-entitlement areas that received the commitment.
    (b) Not later than 60 days after the date of enactment of this Act, 
the Secretary of Housing and Urban Development shall promulgate 
regulations governing the administration 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--
            (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 operate 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 connection 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 authorized 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 section 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 public housing agency may not use capital funds 
authorized under section 9(d) for activities that are eligible under 
section 9(e) for assistance with amounts from the operating fund in 
excess of the amounts permitted under section 9(g)(1) or 9(g)(2).
    Sec. 224.  The Secretary of Housing and Urban Development shall 
report quarterly to the House of Representatives and Senate Committees 
on Appropriations on the status 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 subsidized, 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 Officer has determined that such 
allotment holder has implemented an adequate system of funds control 
and has received 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 subaccount under the headings 
``Executive Direction'' and heading ``Administration, Operations, and 
Management'' as well as each account receiving appropriations for 
``personnel 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 personnel benefits and 
compensation funding. The annual budget submission for program office 
personnel benefit and compensation funding must include program-related 
litigation 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 Federal 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 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 National Affordable Housing Act), for which the 
Secretary's consent to prepayment is required, the Secretary shall 
approve 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 Department of Housing 
        and Urban Development, including the rent supplement program 
        under section 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 
                        transaction, 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 including any increases in rent 
                        charged to unassisted tenants;
                            (iii) the overall cost for providing rental 
                        assistance under section 8 for the project (if 
                        any) is not increased, except, upon approval 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 
                                defined in section 202(k) of the 
                                Housing Act of 1959 (12 U.S.C. 
                                1701q(k));
                            (iv) the project owner may charge tenants 
                        rent sufficient to meet debt service payments 
                        and operating cost requirements, as approved by 
                        the Secretary, if project-based rental 
                        assistance is not available or is insufficient 
                        for the debt service and operating 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 insufficient for the 
                                debt service and operating cost of the 
                                project after refinancing; 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 
                        assisted under section 8(t) of the United 
                        States Housing Act of 1937 (42 U.S.C. 1437f(t)) 
                        shall, upon termination of the occupancy 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 provided 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, including 
                        units to be occupied by tenants assisted 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 property 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 receives 
funds from any other Federal or State agency or entity: 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 
comprehensively reviewed all relevant finances of the entity, the track 
record of the entity in assisting the homeless, the ability 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 homeless population that is expected to use the 
property and any other related issues that demonstrate a commitment to 
assist the homeless: Provided further, That the Secretary shall not 
require the entity to have cash in hand in order to demonstrate 
financial ability but may rely on the entity's prior demonstrated 
fundraising ability or commitments for in-kind donations of goods and 
services: Provided further, That the Secretary shall make all such 
information and its decision regarding the award of the surplus 
property available to the committees of jurisdiction, including a full 
justification of the appropriateness of the use of the property to 
assist the homeless as well as the appropriateness of the group seeking 
to obtain the property to use such property to assist the homeless: 
Provided further, That, this section shall apply to properties in 
fiscal year 2009 and 2010 made available as surplus Federal property 
for use to assist the homeless.
    Sec. 230.  The Secretary of Housing and Urban Development shall 
increase, pursuant to this section, the number of Moving-to-Work 
agencies authorized under section 204, title II, of the Departments of 
Veterans Affairs and Housing and Urban Development and Independent 
Agencies Appropriations Act, 1996 (Public Law 104-134; 110 Stat. 1321) 
by adding to the program three Public Housing Agencies that meet the 
following requirements: is a High Performing Agency under the Public 
Housing Assessment System (PHAS). No PHA shall be granted this 
designation through this section that administers in excess of 5,000 
aggregate housing vouchers and public housing units. No PHA granted 
this designation through this section shall receive more funding under 
sections 8 or 9 of the United States Housing Act of 1937 than they 
otherwise would have received absent this designation. In addition to 
other reporting requirements, all Moving-to-Work agencies shall report 
financial data to the Department of Housing and Urban Development as 
specified by the Secretary, so that the effect of Moving-to-Work policy 
changes can be measured.
    Sec. 231.  Notwithstanding any other provision of law, in 
determining the market value of any multifamily real property or 
multifamily loan for any noncompetitive sale to a State or local 
government, the Secretary shall in fiscal year 2010 consider, but not 
be limited to, industry standard appraisal practices, including the 
cost of repairs needed to bring the property into such condition as to 
satisfy minimum State and local code standards and the cost of 
maintaining the affordability restrictions imposed by the Secretary on 
the multifamily real property or multifamily loan.
    Sec. 232.  The Secretary of the Department of Housing and Urban 
Development is authorized to transfer up to 5 percent of funds 
appropriated for any account under this title under the heading 
``Personnel Compensation and Benefits'' to any other account under this 
title under the heading ``Personnel Compensation and Benefits'' only 
after such transfer has been submitted to, and received prior written 
approval by, the House and Senate Committees on Appropriations: 
Provided, That, no appropriation for any such account shall be 
increased or decreased by more than 10 percent by all such transfers.
    Sec. 233.  The Disaster Housing Assistance Programs, administered 
by the Department of Housing and Urban Development, shall be considered 
a ``program of the Department of Housing and Urban Development'' under 
section 904 of the McKinney Act for the purpose of income verifications 
and matching.

          report on cost of government-owned residential homes

    Sec. 234.  (a) In General.--The Secretary of Housing and Urban 
Development shall prepare a report, and post such report on the public 
website of the Department of Housing and Urban Development (in this 
section referred to as the ``Department''), regarding the number of 
homes owned by the Department and the budget impact of acquiring, 
maintaining, and selling such homes.
    (b) Content.--The report required by this section shall include--
            (1) the number of residential homes that the Department 
        owned during the years 2004 and 2009;
            (2) an itemized breakdown of the total annual financial 
        impact, including losses and gains from selling homes and 
        maintenance and acquisition of homes, of home ownership by the 
        Department since 2004;
            (3) a detailed explanation of the reasons for the ownership 
        by the Department of the homes;
            (4) a list of the 10 urban areas in which the Department 
        owns the most homes and the rate of homelessness in each of 
        those areas; and
            (5) a list of the 10 States in which the Department owns 
        the most homes and the rate of homelessness in each of those 
        States.
    Sec. 235.  None of the funds made available in this Act shall be 
used to restrict implementation or enforcement of the community service 
requirements under section 12(c) of the United States Housing Act of 
1937 (42 U.S.C. 1437j(c)).
    Sec. 236.  The first numbered paragraph under the heading ``Tenant-
Based Rental Assistance'' in the Department of Housing and Urban 
Development Appropriations Act, 2009 (Public Law 111-8) is amended by 
adding the following before the period at the end:
``: Provided further, That up to $200,000,000 from the $4,000,000,000 
which are available on October 1, 2009 may be available to adjust 
allocations for public housing agencies to prevent termination of 
assistance to families''.
    Sec. 237.  The matter under the heading ``community development 
fund'', under the heading ``Community Planning and Development'', under 
the heading ``DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT'' in chapter 
10 of title I of division B of the Consolidated Security, Disaster 
Assistance, and Continuing Appropriations Act, 2009 (Public Law 110-
329; 122 Stat. 3601) is amended by striking ``: Provided further, That 
none of the funds provided under this heading may be used by a State or 
locality as a matching requirement, share, or contribution for any 
other Federal program''.
    This title may be cited as the ``Department of Housing and Urban 
Development Appropriations Act, 2010''.

                               TITLE III

                            RELATED AGENCIES

                              Access Board

    For expenses necessary for the Access Board, as authorized by 
section 502 of the Rehabilitation Act of 1973, as amended, $7,400,000: 
Provided, That, notwithstanding any other provision of law, there may 
be credited to this appropriation funds received for publications and 
training expenses.

                      Federal Maritime Commission

                         salaries and expenses

    For necessary expenses of the Federal Maritime Commission as 
authorized by section 201(d) of the Merchant Marine Act, 1936, as 
amended (46 U.S.C. App. 1111), including services as authorized by 5 
U.S.C. 3109; hire of passenger motor vehicles as authorized by 31 
U.S.C. 1343(b); and uniforms or allowances therefore, as authorized by 
5 U.S.C. 5901-5902, $24,558,000: Provided, That not to exceed $2,000 
shall be available for official reception and representation expenses.

                National Railroad Passenger Corporation

                      office of inspector general

                         salaries and expenses

    For necessary expenses of the Office of Inspector General for the 
National Railroad Passenger Corporation to carry out the provisions of 
the Inspector General Act of 1978, as amended, $19,000,000: Provided, 
That the Inspector General shall have all necessary authority, in 
carrying out the duties specified in the Inspector General Act, 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 National Railroad 
Passenger Corporation: Provided further, That the Inspector General may 
enter into contracts and other arrangements for audits, studies, 
analyses, and other services with public agencies and with private 
persons, subject to the applicable laws and regulations that govern the 
obtaining of such services within the National Railroad Passenger 
Corporation: Provided further, That the Inspector General may select, 
appoint, and employ such officers and employees as may be necessary for 
carrying out the functions, powers, and duties of the Office of 
Inspector General, subject to the applicable laws and regulations that 
govern such selections, appointments, and employment within Amtrak: 
Provided further, That concurrent with the President's budget request 
for fiscal year 2011, the Inspector General 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 Government.

                  National Transportation Safety Board

                         salaries and expenses

    For necessary expenses of the National Transportation Safety Board, 
including hire of passenger motor vehicles and aircraft; 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 a GS-15; uniforms, or 
allowances therefor, as authorized by law (5 U.S.C. 5901-5902) 
$96,900,000, of which not to exceed $2,000 may be used for official 
reception and representation expenses: Provided, That of funds provided 
under this heading, $2,416,000 shall remain available through September 
30, 2011: Provided further, That of the funds provided, up to $100,000 
shall be provided through reimbursement to the Department of 
Transportation's Office of Inspector General to audit the National 
Transportation Safety Board's financial statements. The amounts made 
available to the National Transportation Safety Board in this Act 
include amounts necessary to make lease payments due in fiscal year 
2010 only, on an obligation incurred in fiscal year 2001 for a capital 
lease.

                 Neighborhood Reinvestment Corporation

          payment to the neighborhood reinvestment corporation

    For payment to the Neighborhood Reinvestment Corporation for use in 
neighborhood reinvestment activities, as authorized by the Neighborhood 
Reinvestment Corporation Act (42 U.S.C. 8101-8107), $133,000,000, of 
which $5,000,000 shall be for a multi-family rental housing program: 
Provided, That section 605(a) of the Neighborhood Reinvestment 
Corporation Act (42 U.S.C. 8104) is amended by adding at the end of the 
first sentence, prior to the period, ``, except that the board-
appointed officers may be paid salary at a rate not to exceed level II 
of the Executive Schedule'': Provided further, That in addition, 
$45,000,000 shall be made available until expended for capital grants 
to build, rehabilitate or finance the creation of affordable housing 
units, including necessary administrative expenses: Provided further, 
That in addition, $65,000,000 shall be made available until expended to 
the Neighborhood Reinvestment Corporation for mortgage foreclosure 
mitigation activities, under the following terms and conditions:
            (1) The Neighborhood Reinvestment Corporation (``NRC''), 
        shall make grants to counseling intermediaries approved by the 
        Department of Housing and Urban Development (HUD) (with match 
        to be determined by the NRC based on affordability and the 
        economic conditions of an area; a match also may be waived by 
        the NRC based on the aforementioned conditions) to provide 
        mortgage foreclosure mitigation assistance primarily to States 
        and areas with high rates of defaults and foreclosures to help 
        eliminate the default and foreclosure of mortgages of owner-
        occupied single-family homes that are at risk of such 
        foreclosure. Other than areas with high rates of defaults and 
        foreclosures, grants may also be provided to approved 
        counseling intermediaries based on a geographic analysis of the 
        Nation by the NRC which determines where there is a prevalence 
        of mortgages that are risky and likely to fail, including any 
        trends for mortgages that are likely to default and face 
        foreclosure. A State Housing Finance Agency may also be 
        eligible where the State Housing Finance Agency meets all the 
        requirements under this paragraph. A HUD-approved counseling 
        intermediary shall meet certain mortgage foreclosure mitigation 
        assistance counseling requirements, as determined by the NRC, 
        and shall be approved by HUD or the NRC as meeting these 
        requirements.
            (2) Mortgage foreclosure mitigation assistance shall only 
        be made available to homeowners of owner-occupied homes with 
        mortgages in default or in danger of default. These mortgages 
        shall likely be subject to a foreclosure action and homeowners 
        will be provided such assistance that shall consist of 
        activities that are likely to prevent foreclosures and result 
        in the long-term affordability of the mortgage retained 
        pursuant to such activity or another positive outcome for the 
        homeowner. No funds made available under this paragraph may be 
        provided directly to lenders or homeowners to discharge 
        outstanding mortgage balances or for any other direct debt 
        reduction payments.
            (3) The use of Mortgage Foreclosure Mitigation Assistance 
        by approved counseling intermediaries and State Housing Finance 
        Agencies shall involve a reasonable analysis of the borrower's 
        financial situation, an evaluation of the current value of the 
        property that is subject to the mortgage, counseling regarding 
        the assumption of the mortgage by another non-Federal party, 
        counseling regarding the possible purchase of the mortgage by a 
        non-Federal third party, counseling and advice of all likely 
        restructuring and refinancing strategies or the approval of a 
        work-out strategy by all interested parties.
            (4) NRC may provide up to 15 percent of the total funds 
        under this paragraph to its own charter members with expertise 
        in foreclosure prevention counseling, subject to a 
        certification by the NRC that the procedures for selection do 
        not consist of any procedures or activities that could be 
        construed as an unacceptable conflict of interest or have the 
        appearance of impropriety.
            (5) HUD-approved counseling entities and State Housing 
        Finance Agencies receiving funds under this paragraph shall 
        have demonstrated experience in successfully working with 
        financial institutions as well as borrowers facing default, 
        delinquency and foreclosure as well as documented counseling 
        capacity, outreach capacity, past successful performance and 
        positive outcomes with documented counseling plans (including 
        post mortgage foreclosure mitigation counseling), loan workout 
        agreements and loan modification agreements. NRC may use other 
        criteria to demonstrate capacity in underserved areas.
            (6) Of the total amount made available under this 
        paragraph, up to $3,000,000 may be made available to build the 
        mortgage foreclosure and default mitigation counseling capacity 
        of counseling intermediaries through NRC training courses with 
        HUD-approved counseling intermediaries and their partners, 
        except that private financial institutions that participate in 
        NRC training shall pay market rates for such training.
            (7) Of the total amount made available under this 
        paragraph, up to 4 percent may be used for associated 
        administrative expenses for the NRC to carry out activities 
        provided under this section.
            (8) Mortgage foreclosure mitigation assistance grants may 
        include a budget for outreach and advertising, and training, as 
        determined by the NRC.
            (9) The NRC shall continue to report bi-annually to the 
        House and Senate Committees on Appropriations as well as the 
        Senate Banking Committee and House Financial Services Committee 
        on its efforts to mitigate mortgage default.

           United States Interagency Council on Homelessness

                           operating expenses

    For necessary expenses (including payment of salaries, authorized 
travel, hire of passenger motor vehicles, the rental of conference 
rooms, and the employment of experts and consultants under section 3109 
of title 5, United States Code) of the United States Interagency 
Council on Homelessness in carrying out the functions pursuant to title 
II of the McKinney-Vento Homeless Assistance Act, as amended, 
$2,680,000.

                                TITLE IV

                      GENERAL PROVISIONS--THIS ACT

    Sec. 401.  Such sums as may be necessary for fiscal year 2010 pay 
raises for programs funded in this Act shall be absorbed within the 
levels appropriated in this Act or previous appropriations Acts.
    Sec. 402.  None of the funds in this Act shall be used for the 
planning or execution of any program to pay the expenses of, or 
otherwise compensate, non-Federal parties intervening in regulatory or 
adjudicatory proceedings funded in this Act.
    Sec. 403.  None of the funds appropriated in this Act shall remain 
available for obligation beyond the current fiscal year, nor may any be 
transferred to other appropriations, unless expressly so provided 
herein.
    Sec. 404.  The expenditure of any appropriation under this Act for 
any consulting service through procurement contract pursuant to section 
3109 of title 5, United States Code, shall be limited to those 
contracts where such expenditures are a matter of public record and 
available for public inspection, except where otherwise provided under 
existing law, or under existing Executive order issued pursuant to 
existing law.
    Sec. 405.  Except as otherwise provided in this Act, none of the 
funds provided in this Act, provided by previous appropriations Acts to 
the agencies or entities funded in this Act that remain available for 
obligation or expenditure in fiscal year 2010, or provided from any 
accounts in the Treasury derived by the collection of fees and 
available to the agencies funded by this Act, shall be available for 
obligation or expenditure through a reprogramming of funds that: (1) 
creates a new program; (2) eliminates a program, project, or activity; 
(3) increases funds or personnel for any program, project, or activity 
for which funds have been denied or restricted by the Congress; (4) 
proposes to use funds directed for a specific activity by either the 
House or Senate Committees on Appropriations for a different purpose; 
(5) augments existing programs, projects, or activities in excess of 
$5,000,000 or 10 percent, whichever is less; (6) reduces existing 
programs, projects, or activities by $5,000,000 or 10 percent, 
whichever is less; or (7) creates, reorganizes, or restructures a 
branch, division, office, bureau, board, commission, agency, 
administration, or department different from the budget justifications 
submitted to the Committees on Appropriations or the table accompanying 
the explanatory statement accompanying this Act, whichever is more 
detailed, unless prior approval is received from the House and Senate 
Committees on Appropriations: Provided, That not later than 60 days 
after the date of enactment of this Act, each agency funded by this Act 
shall submit a report to the Committees on Appropriations of the Senate 
and of the House of Representatives to establish the baseline for 
application of reprogramming and transfer authorities for the current 
fiscal year: Provided further, That the report shall include: (1) a 
table for each appropriation with a separate column to display the 
President's budget request, adjustments made by Congress, adjustments 
due to enacted rescissions, if appropriate, and the fiscal year enacted 
level; (2) a delineation in the table for each appropriation both by 
object class and program, project, and activity as detailed in the 
budget appendix for the respective appropriation; and (3) an 
identification of items of special congressional interest: Provided 
further, That the amount appropriated or limited for salaries and 
expenses for an agency shall be reduced by $100,000 per day for each 
day after the required date that the report has not been submitted to 
the Congress.
    Sec. 406.  Except as otherwise specifically provided by law, not to 
exceed 50 percent of unobligated balances remaining available at the 
end of fiscal year 2010 from appropriations made available for salaries 
and expenses for fiscal year 2010 in this Act, shall remain available 
through September 30, 2011, for each such account for the purposes 
authorized: Provided, That a request shall be submitted to the House 
and Senate Committees on Appropriations for approval prior to the 
expenditure of such funds: Provided further, That these requests shall 
be made in compliance with reprogramming guidelines under section 405 
of this Act.
    Sec. 407.  All Federal agencies and departments that are funded 
under this Act shall issue a report to the House and Senate Committees 
on Appropriations on all sole source contracts by no later than July 
30, 2010. Such report shall include the contractor, the amount of the 
contract and the rationale for using a sole source contract.
    Sec. 408. (a) None of the funds made available in this Act may be 
obligated or expended for any employee training that--
            (1) does not meet identified needs for knowledge, skills, 
        and abilities bearing directly upon the performance of official 
        duties;
            (2) contains elements likely to induce high levels of 
        emotional response or psychological stress in some 
        participants;
            (3) does not require prior employee notification of the 
        content and methods to be used in the training and written end 
        of course evaluation;
            (4) contains any methods or content associated with 
        religious or quasi-religious belief systems or ``new age'' 
        belief systems as defined in Equal Employment Opportunity 
        Commission Notice N-915.022, dated September 2, 1988; or
            (5) is offensive to, or designed to change, participants' 
        personal values or lifestyle outside the workplace.
    (b) Nothing in this section shall prohibit, restrict, or otherwise 
preclude an agency from conducting training bearing directly upon the 
performance of official duties.
    Sec. 409.  No funds in this Act may be used to support any Federal, 
State, or local projects that seek to use the power of eminent domain, 
unless eminent domain is employed only for a public use: Provided, That 
for purposes of this section, public use shall not be construed to 
include economic development that primarily benefits private entities: 
Provided further, That any use of funds for mass transit, railroad, 
airport, seaport or highway projects as well as utility projects which 
benefit or serve the general public (including energy-related, 
communication-related, water-related and wastewater-related 
infrastructure), other structures designated for use by the general 
public or which have other common-carrier or public-utility functions 
that serve the general public and are subject to regulation and 
oversight by the government, and projects for the removal of an 
immediate threat to public health and safety or brownsfield as defined 
in the Small Business Liability Relief and Brownsfield Revitalization 
Act (Public Law 107-118) shall be considered a public use for purposes 
of eminent domain.
    Sec. 410.  None of the funds made available in this Act may be 
transferred to any department, agency, or instrumentality of the United 
States Government, except pursuant to a transfer made by, or transfer 
authority provided in, this Act or any other appropriations Act.
    Sec. 411.  No part of any appropriation contained in this Act shall 
be available to pay the salary for any person filling a position, other 
than a temporary position, formerly held by an employee who has left to 
enter the Armed Forces of the United States and has satisfactorily 
completed his period of active military or naval service, and has 
within 90 days after his release from such service or from 
hospitalization continuing after discharge for a period of not more 
than 1 year, made application for restoration to his former position 
and has been certified by the Office of Personnel Management as still 
qualified to perform the duties of his former position and has not been 
restored thereto.
    Sec. 412.  No funds appropriated pursuant to this Act may be 
expended by an entity unless the entity agrees that in expending the 
assistance the entity will comply with sections 2 through 4 of the Act 
of March 3, 1933 (41 U.S.C. 10a-10c, popularly known as the ``Buy 
American Act'').
    Sec. 413.  No funds appropriated or otherwise made available under 
this Act shall be made available to any person or entity that has been 
convicted of violating the Buy American Act (41 U.S.C. 10a-10c).
    Sec. 414.  All departments, agencies or other Federal entities 
funded under this Act shall notify the Senate and House of 
Representatives Committees on Appropriations no later than 7 days 
before any public or internet announcement by the Department or 
Administration regarding any new program or activity, including any 
changes to existing or proposed programs or activities.
    Sec. 415.  None of the funds made available under this Act may be 
distributed to the Association of Community Organizations for Reform 
Now (ACORN) or its subsidiaries.
    Sec. 416. (a) Notwithstanding any other provision of this Act and 
except as provided in subsection (b), any report required to be 
submitted by a Federal agency or department to the Committee on 
Appropriations of either the Senate or the House of Representatives in 
this Act shall be posted on the public website of that agency upon 
receipt by the committee.
    (b) Subsection (a) shall not apply to a report if--
            (1) the public posting of the report compromises national 
        security; or
            (2) the report contains proprietary information.
    This Act may be cited as the ``Transportation, Housing and Urban 
Development, and Related Agencies Appropriations Act, 2010''.

            Attest:

                                                             Secretary.
111th CONGRESS

  1st Session

                               H.R. 3288

_______________________________________________________________________

                               AMENDMENT