111th CONGRESS
1st Session
H.R. 3288
In the Senate of the United
States,
September 17, 2009.
Amendment:
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
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:<enum>I</enum>
<appropriations-major id="id44778752FDE9403FBDC5CAFE72BA0D6C"><header>Department of
transportation</header>
</appropriations-major><appropriations-intermediate id="idf042a29b-7d53-4e63-8f36-a0577deb2352"><header>Office of the
secretary</header>
</appropriations-intermediate><appropriations-small id="ida750eda6-9f09-4b78-aea9-5c94140bf152"><header>Salaries and expenses</header><text display-inline="no-display-inline">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:
<italic>Provided</italic>, 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: <italic>Provided
further</italic>, That no appropriation for any office shall be increased or
decreased by more than 5 percent by all such transfers: <italic>Provided
further</italic>, That notice of any change in funding greater than 5 percent
shall be submitted for approval to the House and Senate Committees on
Appropriations: <italic>Provided further</italic>, That not to exceed $60,000
shall be for allocation within the Department for official reception and
representation expenses as the Secretary may determine: <italic>Provided
further</italic>, 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: <italic>Provided
further</italic>, That none of the funds provided in this Act shall be
available for the position of Assistant Secretary for Public
Affairs.</text>
</appropriations-small><appropriations-small id="id4B3E926E015C49CFA9C704328D8427FC"><header>National Infrastructure
Investments</header><text display-inline="no-display-inline">For capital
investments in surface transportation infrastructure, $1,100,000,000, to remain
available through September 30, 2012:
<proviso><italic>Provided,</italic></proviso> 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:
<proviso><italic>Provided further,</italic></proviso> 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:
<proviso><italic>Provided further,</italic></proviso> 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:
<proviso><italic>Provided further, </italic></proviso>That a grant funded
under this heading shall be not less than $10,000,000 and not greater than
$300,000,000:
<proviso><italic>Provided further, </italic></proviso>That not more than
25 percent of the funds made available under this heading may be awarded to
projects in a single State:
<proviso><italic>Provided further, </italic></proviso>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:
<proviso><italic>Provided further, </italic></proviso>That the Secretary
shall give priority to projects that require a contribution of Federal funds in
order to complete an overall financing package:
<proviso><italic>Provided further, </italic></proviso>That not less than
$250,000,000 of the funds provided under this heading shall be for projects
located in rural communities:
<proviso><italic>Provided further, </italic></proviso>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:
<proviso><italic>Provided further, </italic></proviso>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:
<proviso><italic>Provided further, </italic></proviso>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:
<proviso><italic>Provided further</italic></proviso>, 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.</text>
</appropriations-small><appropriations-small id="idc8bb18a0-e2b4-4723-a67e-01dcb429b142"><header>Financial management
capital</header><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-small id="id9249c21c-7da8-4e14-a85f-40ce672c79a6"><header>Office of civil rights</header><text display-inline="no-display-inline">For necessary expenses of the Office of
Civil Rights, $9,667,000.</text>
</appropriations-small><appropriations-small id="id142ca412-47b8-4f2e-9453-51b62203b86a"><header>Transportation planning, research, and
development</header><text display-inline="no-display-inline">For necessary
expenses for conducting transportation planning, research, systems development,
development activities, and making grants, to remain available until expended,
$8,233,000.</text>
</appropriations-small><appropriations-small id="id9facc7dc-4f03-4079-af3b-8260bb98427a"><header>Working capital fund</header><text display-inline="no-display-inline">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:
<italic>Provided</italic>, That such services shall be provided on a
competitive basis to entities within the Department of Transportation:
<italic>Provided further</italic>, That the above limitation on operating
expenses shall not apply to non-DOT entities: <italic>Provided
further</italic>, 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: <italic>Provided further</italic>,
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.</text>
</appropriations-small><appropriations-small id="idbee47baf-68f8-4915-b147-5d5bdba0cf28"><header>Minority business resource center
program</header><text display-inline="no-display-inline">For the cost of
guaranteed loans, $353,000, as authorized by 49 U.S.C. 332:
<italic>Provided</italic>, That such costs, including the cost of modifying
such loans, shall be as defined in section 502 of the Congressional Budget Act
of 1974: <italic>Provided further</italic>, 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.</text>
</appropriations-small><appropriations-small id="id6e0b92a3-ea09-43fa-b1c8-9231da31d9ee"><header>Minority business
outreach</header><text display-inline="no-display-inline">For necessary
expenses of Minority Business Resource Center outreach activities, $3,074,000,
to remain available until September 30, 2011: <italic>Provided</italic>, That
notwithstanding 49 U.S.C. 332, these funds may be used for business
opportunities related to any mode of
transportation.</text>
</appropriations-small><appropriations-small id="idca353746-3671-4b26-a2c3-018ee557222c"><header>Payments to air
carriers</header>
</appropriations-small><appropriations-small id="id9d56150c-3900-4d29-b869-40c73e6be8fc"><header>(airport and airway trust
fund)</header>
</appropriations-small><appropriations-small id="id8080f18e-1fc3-4d43-b2cf-d68bd0d23531"><header>(including transfer of
funds)</header><text display-inline="no-display-inline">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:
<italic>Provided</italic>, 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: <italic>Provided
further</italic>, 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.</text>
</appropriations-small><appropriations-small id="id7cc8d82b-f4f8-49bc-bdd5-bfdf17b7b2f4"><header>Administrative provisions—office of the
secretary of transportation</header>
</appropriations-small><section id="HDB8E52CE968D4ED899539BB78733D951"><enum>101.</enum><text display-inline="yes-display-inline">The Secretary of Transportation is
authorized to transfer the unexpended balances available for the bonding
assistance program from <quote>Office of the Secretary, Salaries and
expenses</quote> to <quote>Minority Business Outreach</quote>.</text>
</section><section id="id35052414-3a40-4c99-b7ee-bf8c7232de55"><enum>102.</enum><text display-inline="yes-display-inline">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.</text>
</section><section id="id753b399a-2007-4324-b625-79ddd1479af1"><enum>103.</enum><text display-inline="yes-display-inline">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.</text>
</section><section id="id0787a536-0943-4dad-8603-0e208e67a948"><enum>104.</enum><text display-inline="yes-display-inline">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.</text>
</section><section id="id9519AC2F627C47788F472884466BEF00"><enum>105</enum><text display-inline="yes-display-inline">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.</text>
<appropriations-intermediate id="HDCB645474FE44383B4F539D851C2D72E"><header>Federal aviation
administration</header>
</appropriations-intermediate><appropriations-small id="H3A6A14842655494AAA4F9111815FA36D"><header>Operations</header>
</appropriations-small><appropriations-small id="H9B928B2D1CDE44D0B0D1AB2E6C8E8518"><header>(airport and airway trust
fund)</header>
</appropriations-small><appropriations-small id="id09F2DA2444054D719022ACEFE530748C"><header>(including transfer of
funds)</header><text display-inline="no-display-inline">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:
<italic>Provided</italic>, 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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: <italic>Provided
further</italic>, That no transfer may increase or decrease any appropriation
by more than 2 percent: <italic>Provided further</italic>, 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: <italic>Provided
further</italic>, 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: <italic>Provided
further</italic>, 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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:<italic> Provided
further</italic>, 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: <italic>Provided further</italic>, That none of the
funds in this Act shall be available for new applicants for the second career
training program: <italic>Provided further</italic>, 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:<italic>Provided further</italic>, 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: <italic>Provided further</italic>, That of the
funds appropriated under this heading, not less than $9,500,000 shall be for
the contract tower cost-sharing program: <italic>Provided further</italic>,
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:
<proviso><italic>Provided further</italic></proviso>, 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.</text>
</appropriations-small><appropriations-small id="HFF60AEE7AA70413EA09BB77F45C439CE"><header>Facilities and
equipment</header>
</appropriations-small><appropriations-small id="H588C1FF170D043389020AD215C9C24A5"><header>(airport and airway trust
fund)</header><text display-inline="no-display-inline">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: <italic>Provided</italic>, 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: <italic>Provided
further</italic>, 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.</text>
</appropriations-small><appropriations-small id="H79D7340C66614B53A810D31B2D1BEC2B"><header>Research, engineering, and
development</header>
</appropriations-small><appropriations-small id="HBE9D71786FC44DD4A499FA1ACF0E9D3A"><header>(airport and airway trust
fund)</header><text display-inline="no-display-inline">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:
<italic>Provided</italic>, 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.</text>
</appropriations-small><appropriations-small id="HB6C9EE8F201E4BA386550719434A14CB"><header>Grants-in-aid for
airports</header>
</appropriations-small><appropriations-small id="HA989B24246484723AE8096761951FF56"><header>(liquidation of contract
authorization)</header>
</appropriations-small><appropriations-small id="HF9D0D5C41C6A4CE2AB227B78CFF0BFC7"><header>(limitation on
obligations)</header>
</appropriations-small><appropriations-small id="H17B5E00C0B58415C86167FE9BA9F3D53"><header>(airport and airway trust
fund)</header><text display-inline="no-display-inline">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: <italic>Provided</italic>, 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:
<italic>Provided further</italic>, 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: <italic>Provided
further</italic>, 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 <quote>Office of the Secretary, Salaries and
Expenses</quote> to carry out the Small Community Air Service Development
Program.</text>
</appropriations-small><appropriations-small id="id33723505E02C44B4A09CB9833DF3F05C"><header>(rescission)</header><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-small id="HF4E7A5E12487494FA6C7A85BAB7CCB9C"><header>Administrative provisions—federal
aviation administration</header>
</appropriations-small></section><section id="H98B32962DE404041A54C2C0B681091CD"><enum>110.</enum><text display-inline="yes-display-inline">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.</text>
</section><section id="H32155F9A021B4FB79232D461E72AD451"><enum>111.</enum><text display-inline="yes-display-inline">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: <italic>Provided</italic>, That the
prohibition of funds in this section does not apply to negotiations between the
agency and airport sponsors to achieve agreement on <quote>below-market</quote>
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.</text>
</section><section id="H8260990A28F04328873A2CAD34B68D24"><enum>112.</enum><text display-inline="yes-display-inline">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:
<italic>Provided</italic>, 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.</text>
</section><section id="H7C427C0024DF4EE186BD20D8678EA4DC"><enum>113.</enum><text display-inline="yes-display-inline">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.</text>
</section><section id="H43B51DE995BB41AEB19103567840CCCB"><enum>114.</enum><text display-inline="yes-display-inline">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.</text>
</section><section id="IDd6269e1dc299416a8c3480ddd3267ea0"><enum>115.</enum><text display-inline="yes-display-inline">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.</text>
</section><section id="ID6f4d81fdf0ad4d91a2e3f1597271d270"><enum>116.</enum><text display-inline="yes-display-inline">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.</text>
</section><section id="H4EEA8E92E9C14A889140713EA9EC59FF"><enum>117.</enum><text display-inline="yes-display-inline">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.</text>
<appropriations-intermediate id="H4CB3B32855BC4ECD9D06F54766D69A8B"><header>Federal highway
administration</header>
</appropriations-intermediate><appropriations-small id="H7C23FBF4180347CAA11C9A550EC7DDAD"><header>Limitation on administrative
expenses</header>
</appropriations-small><appropriations-small id="HE3978F380D7641CCA78CAB264F9EF5BD"><header>(including transfer of
funds)</header><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-small id="H23842850BC5042BAAF2765B79F95CB18"><header>Federal-aid
highways</header>
</appropriations-small><appropriations-small id="H0A5D2CA11DB1411A9834DF5619793921"><header>(limitation on
obligations)</header>
</appropriations-small><appropriations-small id="HEF4FFEC6E158434181BD6DEE60254D2E"><header>(highway trust fund)</header><text display-inline="no-display-inline">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: <italic>Provided</italic>,
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: <italic>Provided further</italic>, That this limitation on
transportation research programs shall not apply to any authority previously
made available for obligation: <italic>Provided further</italic>, 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: <italic>Provided further</italic>, That such fees are available
until expended to pay for such costs: <italic>Provided further</italic>, 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.</text>
</appropriations-small><appropriations-small id="H23E68ED8D8644C0C97981FBD585AFF21"><header>(Liquidation of contract
authorization)</header>
</appropriations-small><appropriations-small id="HB5436FCD6BB8494EA0E2752E6115F987"><header>(highway trust fund)</header><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-small id="H9EC66728F24345878BCC46B8E7010984"><header>Administrative provisions—federal
highway administration</header>
</appropriations-small></section><section id="HEE743482F19B42B9B1A41ABBE245918B"><enum>120.</enum><subsection commented="no" display-inline="yes-display-inline" id="H2C116533AEE549199DF038D8563729E5"><enum>(a)</enum><text display-inline="yes-display-inline">For fiscal year 2009, the Secretary of
Transportation shall—</text>
<paragraph changed="added" id="H58ACDE0C6C424A17829E38AE7240FCE5" reported-display-style="italic"><enum>(1)</enum><text>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;</text>
</paragraph><paragraph changed="added" id="HF5C7774489584598B09DF66D1FB59C69" reported-display-style="italic"><enum>(2)</enum><text>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;</text>
</paragraph><paragraph changed="added" id="H251CEE337EDE4F00BA8543B11BCCADDE" reported-display-style="italic"><enum>(3)</enum><text>determine the ratio
that—</text>
<subparagraph id="H0000A5EA563641508949F013B06888E8"><enum>(A)</enum><text>the obligation limitation
for Federal-aid highways, less the aggregate of amounts not distributed under
paragraphs (1) and (2), bears to</text>
</subparagraph><subparagraph id="HE2767B6B8ED04D6681A7D382D072E2F6"><enum>(B)</enum><text>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;</text>
</subparagraph></paragraph><paragraph changed="added" id="H2E7FD71F0DFC4134B50FF5FB0C86136F" reported-display-style="italic"><enum>(4)</enum><subparagraph commented="no" display-inline="yes-display-inline" id="HD7DDD792754E49C4BED09CAAFE318B63"><enum>(A)</enum><text>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</text>
</subparagraph><subparagraph changed="added" id="HF5E6B13AD5144DC591491028F3479420" indent="up1" reported-display-style="italic"><enum>(B)</enum><text>distribute $2,000,000,000
for section 105 of title 23, United States Code;</text>
</subparagraph></paragraph><paragraph changed="added" id="H67605ACA5FBB46F5B109EE3EB4DD3A54" reported-display-style="italic"><enum>(5)</enum><text>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</text>
</paragraph><paragraph changed="added" id="HCB62A8B657304F9E8C07081373DFB10F" reported-display-style="italic"><enum>(6)</enum><text>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—</text>
<subparagraph id="H22264C1A4CEE461D9F7EDEFDFCF27481"><enum>(A)</enum><text>amounts authorized to be
appropriated for such programs that are apportioned to each State for such
fiscal year, bear to</text>
</subparagraph><subparagraph id="H1B111F83ECCF41469FCC970138F49885"><enum>(B)</enum><text>the total of the amounts
authorized to be appropriated for such programs that are apportioned to all
States for such fiscal year.</text>
</subparagraph></paragraph></subsection><subsection changed="added" id="H5FF99E4948D946B691D4622D8C67C349" reported-display-style="italic"><enum>(b)</enum><header>Exceptions From
Obligation Limitation</header><text>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.</text>
</subsection><subsection changed="added" id="H1759793BE6DD4614BA426575EF05863F" reported-display-style="italic"><enum>(c)</enum><header>Redistribution of
Unused Obligation Authority</header><text>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.</text>
</subsection><subsection changed="added" id="H754FEF63FF96430C98718F51335877A4" reported-display-style="italic"><enum>(d)</enum><header>Applicability of
Obligation Limitations to Transportation Research Programs</header><text>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.</text>
</subsection><subsection changed="added" id="H7B7F63952AF24D0CAC15E93B88711BBF" reported-display-style="italic"><enum>(e)</enum><header>Redistribution of
Certain Authorized Funds</header>
<paragraph id="H740EB254650F4E8097AC959E2D4477E4"><enum>(1)</enum><header>In
general</header><text>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—</text>
<subparagraph id="H4E75700D51534E10AE0D6885CCCAFE99"><enum>(A)</enum><text>are authorized to be
appropriated for such fiscal year for Federal-aid highways programs; and</text>
</subparagraph><subparagraph id="HEB0E749226A64EBFA5942BC1A33220C7"><enum>(B)</enum><text>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.</text>
</subparagraph></paragraph><paragraph id="HAA92EB0CFBC64A4BA950C0C3CFDFD090"><enum>(2)</enum><header>Ratio</header><text>Funds
shall be distributed under paragraph (1) in the same ratio as the distribution
of obligation authority under subsection (a)(6).</text>
</paragraph><paragraph id="HC074CC40D9FB4BFA9DCC24588CA666A4"><enum>(3)</enum><header>Availability</header><text>Funds
distributed under paragraph (1) shall be available for any purposes described
in section 133(b) of title 23, United States Code.</text>
</paragraph></subsection><subsection changed="added" id="H3A238E3B76E446DEB82B352A5FBF7FF5" reported-display-style="italic"><enum>(f)</enum><header>Special Limitation
Characteristics</header><text>Obligation limitation distributed for a fiscal
year under subsection (a)(4) for the provision specified in subsection (a)(4)
shall—</text>
<paragraph id="H84227B4D614644C78C128D2F9BE600E6"><enum>(1)</enum><text>remain available until
used for obligation of funds for that provision; and</text>
</paragraph><paragraph id="H3052A66ED0EF48A98ACF7FC6E333E190"><enum>(2)</enum><text>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.</text>
</paragraph></subsection><subsection changed="added" id="H1EC7EC74AC284256AFD1542FCE18226B" reported-display-style="italic"><enum>(g)</enum><header>High Priority Project
Flexibility</header>
<paragraph id="HC6185B374FEB4AFCBDAF96E38052B814"><enum>(1)</enum><header>In
general</header><text>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.</text>
</paragraph><paragraph id="H57A63BBBCF054A8F809C1C1071E7289A"><enum>(2)</enum><header>Restoration</header><text>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).</text>
</paragraph></subsection><subsection changed="added" id="HC46FC54CF5CD4BA6B045DA548AA70A4E" reported-display-style="italic"><enum>(h)</enum><header>Limitation on Statutory
Construction</header><text>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.</text>
</subsection></section><section id="H5F91F24CF445433E9A953D33693A00D0"><enum>121.</enum><text display-inline="yes-display-inline">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: <italic>Provided</italic>, That such funds shall be
subject to the obligation limitation for Federal-aid highways and highway
safety construction.</text>
</section><section id="HA7FB0323DF364556949D76AE807096B6"><enum>122.</enum><text display-inline="yes-display-inline">There is hereby appropriated to the
Secretary of Transportation $165,000,000 for surface transportation priorities:
<italic>Provided</italic>, 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: <italic>Provided
further</italic>, That funds provided by this section, at the request of a
State, shall be transferred by the Secretary to another Federal agency:
<italic>Provided further</italic>, 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: <italic>Provided further</italic>, That the sums
set aside by this section shall remain available until expended:
<italic>Provided further</italic>, 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.</text>
</section><section id="IDab33d1313b7244408bb7cdcf950ddfc2"><enum>123.</enum><text display-inline="yes-display-inline">There is hereby appropriated to the
Secretary of Transportation $1,400,000,000, to remain available through
September 30, 2012:
<proviso><italic>Provided</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, That funds
apportioned under this section shall be administered as if apportioned under
chapter 1 of title 23, United States Code:
<proviso><italic>Provided further</italic></proviso>, That the Federal
share payable on account of any project or activity carried out with funds
apportioned under this section shall be 80 percent:
<proviso><italic>Provided further</italic></proviso>, 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 <quote>Federal-aid
Highways</quote> and shall not affect the distribution of funds provided for
<quote>Federal-aid Highways</quote> in any other Act:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, That section
1101(b) of Public Law 109–59 shall apply to funds apportioned under this
heading.</text>
</section><section id="HD18BF1E1F50848DB95605FCEFB6D0E83"><enum>124.</enum><text display-inline="yes-display-inline">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: <italic>Provided</italic>, That the Secretary
shall provide an annual report to the Appropriations Committees of the Congress
on any waivers granted under the Buy America requirements.</text>
</section><section id="H1084216883F7464AB2F663716A0124FC"><enum>125.</enum><subsection commented="no" display-inline="yes-display-inline" id="H7195674D349E4116B8211D0D793637CC"><enum>(a)</enum><header>In
General</header><text display-inline="yes-display-inline">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—</text>
<paragraph changed="added" id="HEDCB88C8934B4EB1B580A15D3C74A6D6" reported-display-style="italic"><enum>(1)</enum><text>as of the date of
enactment of this Act, is not tolled;</text>
</paragraph><paragraph changed="added" id="H5E918D71CEC24DDDA1B8929941DB0998" reported-display-style="italic"><enum>(2)</enum><text>is constructed with
Federal assistance provided under title 23, United States Code; and</text>
</paragraph><paragraph changed="added" id="H69911ABDA73A4DFE83A367BF8720F938" reported-display-style="italic"><enum>(3)</enum><text>is in actual operation as
of the date of enactment of this Act.</text>
</paragraph></subsection><subsection changed="added" id="H16B0813941D84580AA2EC5CF5B905F5E" reported-display-style="italic"><enum>(b)</enum><header>Exceptions</header>
<paragraph id="H59DE6269BAA44E04B2D3482F0C6EE75A"><enum>(1)</enum><header>Number of toll
lanes</header><text>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.</text>
</paragraph><paragraph id="H2432137D7A1B4CA894193FCF15742AF2"><enum>(2)</enum><header>High-occupancy vehicle
lanes</header><text>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—</text>
<subparagraph id="HAF62DE7D0DE7477695905524E87F9D4E"><enum>(A)</enum><text>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</text>
</subparagraph><subparagraph id="H6FE519ADE38D42B5A5EBB2001D6083E8"><enum>(B)</enum><text>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.</text>
</subparagraph></paragraph></subsection></section><section id="ID56774cb663b449f9a7ab97932f2233e8"><enum>126.</enum><text display-inline="yes-display-inline">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
<quote>Repair and restore</quote> and inserting <quote>Removal of and
enhancements around</quote>.</text>
</section><section id="ID65a9f0fcf87748809ca3faf5d6ed590d"><enum>127.</enum><text display-inline="yes-display-inline">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 <quote>to 4 lanes
from I–10 to West U.S. 90</quote>.</text>
</section><section id="IDa791c48d04df4743b507f7abbeff2249"><enum>128.</enum><text display-inline="yes-display-inline">Funds made available for <quote>Brentwood
Boulevard/SR 4 Improvements, Brentwood, CA</quote> under section 129 of Public
Law 110–161 shall be made available for <quote>John Muir Parkway Project,
Brentwood, CA</quote>.</text>
</section><section id="IDcea67427ecdf4132a00d276b01e20b38"><enum>129.</enum><text display-inline="yes-display-inline">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 <quote>Elimination of highway-railway crossings and
rehabilitation of rail along the KO railroad to Osborne</quote>.</text>
</section><section id="IDdc0bb116fb8046bb8c49995bd5913e41"><enum>130.</enum><text display-inline="yes-display-inline">Funds made available for <quote>City of
Tuscaloosa Downtown Revitalization Project—University Blvd and Greensboro
Avenue, AL</quote> under section 125 of Public Law 111–8 shall be made
available for <quote>City of Tuscaloosa Downtown Revitalization
Project—University Blvd</quote>.</text>
</section><section id="id7275866A913949CE809D6BDEE94ADA23"><enum>131.</enum><text display-inline="yes-display-inline">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”.</text>
<appropriations-intermediate id="H4D671C4DF785425C8350887345430DB8"><header>Federal motor carrier safety
administration</header>
</appropriations-intermediate><appropriations-small id="H5B6B4777B68C4C8FBD474852BB52BF43"><header>Motor carrier safety operations and
programs</header>
</appropriations-small><appropriations-small id="HD866F77059534FAE885FAED7181CB540"><header>(liquidation of contract
authorization)</header>
</appropriations-small><appropriations-small id="H03E09937EBEB48F4A4D86EAFD316BC13"><header>(limitation on
obligations)</header>
</appropriations-small><appropriations-small id="HE590DA73E30447718FE7A9C03FFE3250"><header>(highway trust
fund)</header>
</appropriations-small><appropriations-small id="H02D5AC8BA8A34FD8A2C62D1ED6E77C73"><text display-inline="no-display-inline">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: <italic>Provided</italic>,
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 <quote>Motor Carrier
Safety Operations and Programs</quote> 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<italic>Provided further</italic>, That notwithstanding any other provision of
law, none of the funds under this heading for outreach and education shall be
available for transfer: <italic>Provided further</italic>, 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.</text>
</appropriations-small><appropriations-small id="H26265F78F9F740098EEEF757C366E2EE"><header>Motor carrier safety
grants</header>
</appropriations-small><appropriations-small id="HDDCD71A81839431BB26EDE6053AB00BD"><header>(liquidation of contract
authorization)</header>
</appropriations-small><appropriations-small id="H75DF5E7480AD4BE08C103595BD796BA2"><header>(limitation on
obligations)</header>
</appropriations-small><appropriations-small id="H21D33E3863F6498690E581DF463949AB"><header>(highway trust
fund)</header>
</appropriations-small><appropriations-small id="HE371F8F023B445C8A910A55E77EE20A2"><header>(including rescission)</header><text display-inline="no-display-inline">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:
<italic>Provided</italic>, 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 <quote>Motor Carrier Safety
Grants</quote>; 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: <italic>Provided further</italic>, 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: <italic>Provided
further</italic>, That $1,530,000 in unobligated balances are permanently
rescinded.</text>
</appropriations-small><appropriations-small id="H5AC6C923D60E4B85A05BB28332F65BA3"><header>Motor carrier
safety</header>
</appropriations-small><appropriations-small id="HAE3B0714B12143D18AEB01AB11A563F4"><header>(highway trust
fund)</header>
</appropriations-small><appropriations-small id="HF50BE48EF0724A54B50CC10C8C357ED5"><header>(rescission)</header><text display-inline="no-display-inline">Of the amounts made available under this
heading in prior appropriations Acts, $3,400,000 in unobligated balances are
permanently rescinded.</text>
</appropriations-small><appropriations-small id="H38A922DE3DA1454FA9C624CB99ABE5A2"><header>National motor carrier safety
program</header>
</appropriations-small><appropriations-small id="H60E76D74CC154B8D9C30239A7A55AEB1"><header>(highway trust
fund)</header>
</appropriations-small><appropriations-small id="H29D66C70988143B48D96D17222C97CD8"><header>(rescission)</header><text display-inline="no-display-inline">Of the amounts made available under this
heading in prior appropriations Acts, $400,000 in unobligated balances are
permanently rescinded.</text>
</appropriations-small><appropriations-small id="H64313F0A08B949A09CBDFC95B25DBB9E"><header>Administrative provision—federal motor
carrier safety administration</header>
</appropriations-small></section><section id="HBAE3C398A61C409294095F6BD68E40E8"><enum>135.</enum><text display-inline="yes-display-inline">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.</text>
<appropriations-intermediate id="H679C14B5B70A4DF99945B038263A50CC"><header>National highway traffic safety
administration</header>
</appropriations-intermediate><appropriations-small id="HDF6F8EFEF8D24947AA26B8DA816557EA"><header>Operations and research</header><text display-inline="no-display-inline">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: <italic>Provided</italic>,
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.</text>
</appropriations-small><appropriations-small id="H7439503027EB4F14BE378362F947CED9"><header>Operations and
research</header>
</appropriations-small><appropriations-small id="HF817138415104515B64C1F481838605F"><header>(liquidation of contract
authorization)</header>
</appropriations-small><appropriations-small id="H83963A922280440EA1409256BCC769F8"><header>(limitation on
obligations)</header>
</appropriations-small><appropriations-small id="HA1A320A7F6E7416EAD7E248EB2C0F314"><header>(highway trust fund)</header><text display-inline="no-display-inline">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: <italic>Provided</italic>, 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: <italic>Provided further</italic>,
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.</text>
</appropriations-small><appropriations-small id="H55B2C6AD1E5D478BB96F2955930FD635"><header>National driver
register</header>
</appropriations-small><appropriations-small id="HB6071604FBA742F8A9D4B0C2BC195851"><header>(liquidation of contract
authorization)</header>
</appropriations-small><appropriations-small id="HCA24167E8F354A099CF656DC7D75B660"><header>(limitation on
obligations)</header>
</appropriations-small><appropriations-small id="H247A6E981C8D4E35B4DE632B843B566D"><header>(highway trust fund)</header><text display-inline="no-display-inline">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: <italic>Provided</italic>, 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.</text>
</appropriations-small><appropriations-small id="id05F730AE1E38489289E6E57869369FF8"><header>NATIONAL DRIVER REGISTER
modernization</header><text display-inline="no-display-inline">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:
<proviso><italic>Provided</italic></proviso>, That the funding made
available under this heading shall be used to carry out the modernization of
the National Driver Register.</text>
</appropriations-small><appropriations-small id="HFBEF55F4E4D24AA0B695C90B7764542C"><header>Highway traffic safety
grants</header>
</appropriations-small><appropriations-small id="H9D3C2839AF234434A840B44CF77F0BCF"><header>(liquidation of contract
authorization)</header>
</appropriations-small><appropriations-small id="H9289F8805CF74023899201817142E648"><header>(limitation on
obligations)</header>
</appropriations-small><appropriations-small id="H288D37435C994A68A27E5D9AE0C4470E"><header>(highway trust fund)</header><text display-inline="no-display-inline">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): <italic>Provided</italic>, 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 <quote>Highway Safety Programs</quote> under 23
U.S.C. 402; $25,000,000 shall be for <quote>Occupant Protection Incentive
Grants</quote> under 23 U.S.C. 405; $124,500,000 shall be for <quote>Safety
Belt Performance Grants</quote> 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 <quote>State Traffic Safety Information System
Improvements</quote> under 23 U.S.C. 408; $139,000,000 shall be for
<quote>Alcohol-Impaired Driving Countermeasures Incentive Grant Program</quote>
under 23 U.S.C. 410; $18,500,000 shall be for <quote>Administrative
Expenses</quote> under section 2001(a)(11) of Public Law 109–59; $29,000,000
shall be for <quote>High Visibility Enforcement Program</quote> under section
2009 of Public Law 109–59; $7,000,000 shall be for <quote>Motorcyclist
Safety</quote> under section 2010 of Public Law 109–59; and $7,000,000 shall be
for <quote>Child Safety and Child Booster Seat Safety Incentive Grants</quote>
under section 2011 of Public Law 109–59: <italic>Provided further</italic>,
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: <italic>Provided further</italic>, That not to
exceed $500,000 of the funds made available for section 410
<quote>Alcohol-Impaired Driving Countermeasures Grants</quote> shall be
available for technical assistance to the States: <italic>Provided
further</italic>, That not to exceed $750,000 of the funds made available for
the <quote>High Visibility Enforcement Program</quote> shall be available for
the evaluation required under section 2009(f) of Public Law
109–59.</text>
</appropriations-small><appropriations-small id="H69C00146E80045AABC57D42BFE2791C5"><header>Administrative provisions—national
highway traffic safety administration</header>
</appropriations-small></section><section id="H1630EAFB535C4592BC6FDA9CC0317F6F"><enum>140.</enum><text display-inline="yes-display-inline">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.</text>
</section><section id="IDff74984b150144ba824c7d6abf1c622d"><enum>141.</enum><text display-inline="yes-display-inline">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.</text>
</section><section id="IDb72d1004d815411e87801b6c643ce87f"><enum>142.</enum><text display-inline="yes-display-inline">Of the amounts made available under the
heading <quote>Operations and Research (Liquidation of Contract Authorization)
(Limitation on Obligations) (Highway Trust Fund)</quote> in prior
appropriations Acts, $2,299,000 in unobligated balances are rescinded.</text>
</section><section id="ID7680a929d3b649838d1d3fac59d97692"><enum>143.</enum><text display-inline="yes-display-inline">Of the amounts made available under the
heading <quote>Highway Traffic Safety Grants (Liquidation of Contract
Authorization) (Limitation on Obligations) (Highway Trust Fund)</quote> in
prior appropriations Acts, $14,004,000 in unobligated balances are
rescinded.</text>
<appropriations-intermediate id="H1EAC9E90ECD44A6A94D86F6410EFF217"><header>Federal railroad
administration</header>
</appropriations-intermediate><appropriations-small id="H8C5CEBFF73944EF4BCC206A618B46CBD"><header>Safety and operations</header><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-small id="H1282C12E42454256A9566DE15AB01A26"><header>Railroad research and
development</header><text display-inline="no-display-inline">For necessary
expenses for railroad research and development, $34,145,000, to remain
available until expended.</text>
</appropriations-small><appropriations-small id="H05C155D7E070455A93E572DC945303BC"><header>Railroad rehabilitation and improvement
financing program</header><text display-inline="no-display-inline">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:
<italic>Provided</italic>, 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.</text>
</appropriations-small><appropriations-small id="H98D3FF86B8F7455FBD45C02DF2E77620"><header>Rail line relocation and improvement
program</header><text display-inline="no-display-inline">For necessary expenses
of carrying out section 20154 of title 49, United States Code, $25,000,000, to
remain available until expended.</text>
</appropriations-small><appropriations-small id="idDDF0D58F7EF24592954D65426E5F485D"><header>RAILROAD SAFETY TECHNOLOGY
PROGRAM</header>
<subsection id="IDd649b2e4ab1e4b84b9af37c433319f68"><enum></enum><text>For necessary expenses of carrying out
section 20158 of title 49, United States Code, $50,000,000, to remain available
until expended:
<proviso><italic>Provided</italic></proviso>, 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.</text>
</subsection></appropriations-small><appropriations-small id="H50CC182CE19142C3940A4D8E5C910B71"><header>Operating grants to the national
railroad passenger corporation</header><text display-inline="no-display-inline">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:
<italic>Provided</italic>, 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:
<italic>Provided further</italic>, 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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: <italic>Provided
further</italic>, 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:
<italic>Provided further</italic>, 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<italic>Provided further</italic>, 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: <italic>Provided further</italic>, 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: <italic>Provided further</italic>, 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: <italic>Provided further</italic>, 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: <italic>Provided
further</italic>, 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:
<italic>Provided further</italic>, 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:
<proviso><italic>Provided further</italic></proviso>, 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.</text>
</appropriations-small><appropriations-small id="HE0B6D9CEBB7C441F8F34F0CD87497A07"><header>Capital and debt service grants to the
national railroad passenger corporation</header><text display-inline="no-display-inline">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:
<italic>Provided</italic>, 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:
<proviso><italic>Provided further</italic></proviso>, That grants shall
be provided to the Corporation only on a reimbursable basis:
<proviso><italic>Provided further</italic></proviso>, 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: <italic>Provided further</italic>, 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: <italic>Provided further</italic>,
That none of the funds under this heading may be used to subsidize operating
losses of the Corporation: <italic>Provided further</italic>, 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: <italic>Provided further</italic>, 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:
<italic>Provided further</italic>, That said fleet plan shall establish
year-specific goals and milestones and discuss potential, current, and
preferred financing options for all such
activities.</text>
</appropriations-small><appropriations-small id="HEAE7537C70AA4B7482A293CFC8073F9F"><header>Capital assistance for high speed rail
corridors and intercity passenger rail service</header><text display-inline="no-display-inline">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:
<proviso><italic>Provided</italic></proviso>, That none of the funds
provided under this heading may be used for planning activities:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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: <italic>Provided further</italic>, 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: <italic>Provided
further</italic>, 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<italic></italic>), and 24403(a) and
(c) of title 49, United States Code, shall also apply to the provision of funds
provided under this heading: <italic>Provided further</italic>, 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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: <italic>Provided
further</italic>, 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.</text>
</appropriations-small><appropriations-small id="H9593EFCDA8CE4FF99DC89DB75462748E"><header>Administrative provisions—federal
railroad administration</header>
</appropriations-small></section><section id="HD8CCF7352B724D208CB749C2626EDA33"><enum>151.</enum><text display-inline="yes-display-inline">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: <italic>Provided</italic>, That the Secretary
shall prescribe guidelines for the administration of such purchases and
use.</text>
</section><section id="H13133C1136DE4310ADD336AC74E8AE0C"><enum>152.</enum><text display-inline="yes-display-inline">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 <quote>services</quote> 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.</text>
</section><section id="H2F7ADD3977DD424098B68A662118D460"><enum>153.</enum><text display-inline="yes-display-inline">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.</text>
</section><section id="H5BBEB46946DE4DEFBE77D2E06968E94C"><enum>154.</enum><text display-inline="yes-display-inline">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 <quote>Office of the Secretary, Salaries and
Expenses</quote> 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.</text>
</section><section id="idC4D03E30F2324D4586F01F6861B6ADB8"><enum>155.</enum><text display-inline="yes-display-inline">Notwithstanding any other provision of law,
funds provided in Public Law 111–8 for <quote>Lincoln Avenue Grade Separation,
Port of Tacoma, Washington</quote> shall be made available for this project as
therein described.</text>
</section><section id="ID0bdc7d49e63b4ff4b118c2bfcf7f8c5e"><enum>156.</enum><text display-inline="yes-display-inline">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.</text>
</section><section id="id9AAD73E1664E4FAC8E90C30BEFF9F37B"><enum>157.</enum><subsection commented="no" display-inline="yes-display-inline" id="id3484332308AB4C2A920AA603D9FCC817"><enum>(a)</enum><header>Funding
limitation</header><text display-inline="yes-display-inline">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.</text>
</subsection><subsection changed="added" id="id8366158A743849C3B54471156B917E93" reported-display-style="italic"><enum>(b)</enum><header>Definition</header><text display-inline="yes-display-inline">In this section, the term <term>secure
transportation of firearms</term> means—</text>
<paragraph id="idB84772CFC69A4FAB9B3D9D358129AE49"><enum>(1)</enum><text>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—</text>
<subparagraph id="id2035A9B80B574FC0A16D8B5934A91D43"><enum>(A)</enum><text>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;</text>
</subparagraph><subparagraph id="id5910A6DFC05C45A6AA66A79B6D1E710E"><enum>(B)</enum><text>the firearm is carried in
a hard-sided container;</text>
</subparagraph><subparagraph id="id9036833269C84826802813EACE50DED7"><enum>(C)</enum><text>such container is locked;
and</text>
</subparagraph><subparagraph id="id9E57270A826742FD979B916B8B63299E"><enum>(D)</enum><text>only the passenger has
the key or combination for such container; and</text>
</subparagraph></paragraph><paragraph id="id3A4A9BD3BC1C48D380845899EB8224A0"><enum>(2)</enum><text>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—</text>
<subparagraph id="idC2CF15EA1DB94CCCB1526B49894D147F"><enum>(A)</enum><text>in fiber, wood, or metal
boxes; or</text>
</subparagraph><subparagraph id="id96C0EAD069B04351843C88E62B51EFED"><enum>(B)</enum><text>in other packaging
specifically designed to carry small amounts of ammunition.</text>
</subparagraph></paragraph></subsection></section><appropriations-intermediate id="HFB2A54DCE15F4C90BDE76B45B27909C9"><header>Federal transit
administration</header>
</appropriations-intermediate><appropriations-small id="H854F46018C3D4DFC9C425B4AD2A7B5EE"><header>Administrative
expenses</header>
</appropriations-small><appropriations-small id="H1D83B9D845DE4ABD9B313C7E322F45C3"><header>(including transfer of
funds)</header><text display-inline="no-display-inline">For necessary
administrative expenses of the Federal Transit Administration's programs
authorized by chapter 53 of title 49, United States Code, $97,478,000:
<italic>Provided</italic>, That of the funds available under this heading, not
to exceed $1,809,000 shall be available for travel: <italic>Provided
further</italic>, 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:
<italic>Provided further</italic>, 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: <italic>Provided further</italic>, 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.</text>
</appropriations-small><appropriations-small id="H8471B918E26B4852A1DB3DCB1C73F798"><header>Formula and bus
grants</header>
</appropriations-small><appropriations-small id="HCF6965A63B0C4C3293E33C78B2056D55"><header>(liquidation of contract
authority)</header>
</appropriations-small><appropriations-small id="H4BED8B38A2244B22AAFB79FEA2B60D49"><header>(limitation on
obligations)</header>
</appropriations-small><appropriations-small id="H6957B461516A45B1BB6DFBDD0E3C031B"><header>(highway trust fund)</header><text display-inline="no-display-inline">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:
<italic>Provided</italic>, 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.</text>
</appropriations-small><appropriations-small id="HCB276BDB0D154043B2A7FFD60BF40E65"><header>Research and university research
centers</header><text display-inline="no-display-inline">For necessary expenses
to carry out 49 U.S.C. 5306, 5312–5315, 5322, and 5506, $67,670,000, to remain
available until expended: <italic>Provided</italic>, 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: <italic>Provided
further</italic>, 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:
<proviso><italic>Provided further</italic></proviso>, 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.</text>
</appropriations-small><appropriations-small id="HC61E047D1DEB4622828D40212CFB1F49"><header>Capital investment grants</header><text display-inline="no-display-inline">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: <italic>Provided</italic>, 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.</text>
</appropriations-small><appropriations-small id="id191AF0F701C446EC97FA7C333FFE9F8D"><header>GRANTS FOR ENERGY EFFICIENCY AND
GREENHOUSE GAS REDUCTIONS</header><text display-inline="no-display-inline">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:
<proviso><italic>Provided</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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.</text>
</appropriations-small><appropriations-small id="idC1504E2698A142BBBD68F98AA277BC74"><header>GRANTS TO THE WASHINGTON METROPOLITAN
AREA TRANSIT AUTHORITY</header><text display-inline="no-display-inline">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:
<proviso><italic>Provided</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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.</text>
</appropriations-small><appropriations-small id="H5E6C5EFE223E48D081680228DFE704C9"><header>Administrative provisions—federal
transit administration</header>
</appropriations-small><section id="HE255C1731E124F2181105BACA5F06B1E"><enum>160.</enum><text display-inline="yes-display-inline">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.</text>
</section><section id="HCF8C918397214CD6AA55AD57B690BF50"><enum>161.</enum><text display-inline="yes-display-inline">Notwithstanding any other provision of law,
funds appropriated or limited by this Act under <quote>Federal Transit
Administration, Capital Investment Grants</quote> and for bus and bus
facilities under <quote>Federal Transit Administration, Formula and Bus
Grants</quote> 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.</text>
</section><section id="H5741ADAD8AFC4D6299771086C6E248D3"><enum>162.</enum><text display-inline="yes-display-inline">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.</text>
</section><section id="H971C7CDC73EC419A843453F134816A53"><enum>163.</enum><text display-inline="yes-display-inline">Notwithstanding any other provision of law,
unobligated funds made available for new fixed guideway system projects under
the heading <quote>Federal Transit Administration, Capital investment
grants</quote> in any appropriations Act prior to this Act may be used during
this fiscal year to satisfy expenses incurred for such projects.</text>
</section><section id="H61DCF5EAA58348F693F90CC986CBDA0C"><enum>164.</enum><text display-inline="yes-display-inline">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).</text>
</section><section id="H22766F801C274ED5A993FD81ECED7AD0"><enum>165.</enum><text display-inline="yes-display-inline">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:
<italic>Provided</italic>, 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.</text>
</section><section id="H6F5CF7C4C2D14FD5BA87923C23AA8D64"><enum>166.</enum><text display-inline="yes-display-inline">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.</text>
</section><section id="id6A8F99FAAEFD41D1A8C2B05B555F0C34"><enum>167.</enum><text display-inline="yes-display-inline">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:
<proviso><italic>Provided</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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.</text>
</section><section id="idAD176DE3783B4DE0ADF564910303FB0C"><enum>168.</enum><text display-inline="yes-display-inline">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).</text>
</section><section id="IDdc19f5d6757b469e896633ad7521c75f"><enum>169.</enum><text display-inline="yes-display-inline">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.</text>
</section><section id="ID1db4a25ad08045b7b87ac9df06ff6f74"><enum>170.</enum><text display-inline="yes-display-inline">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.</text>
</section><section id="ID28fc18d17b7649d899ffa7a5147130b8"><enum>171.</enum><text display-inline="yes-display-inline">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:
<proviso><italic>Provided</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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.</text>
<appropriations-intermediate id="H0250D3C086434497AAC46A65DCCC0842"><header>Saint lawrence seaway development
corporation</header><text display-inline="no-display-inline">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.</text>
</appropriations-intermediate><appropriations-small id="H90B31743C7D9445096BE0B930B0616FD"><header>Operations and
maintenance</header>
</appropriations-small><appropriations-small id="H8D77BFC96C7A4309867450E78B0042A0"><header>(harbor maintenance trust
fund)</header><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-intermediate id="HD88A12AEF79A4C16B6E38A30F89B9634"><header>Maritime
administration</header>
</appropriations-intermediate><appropriations-small id="H00AB60185ED34A2580CFDB266E1BEF53"><header>Maritime security program</header><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-small id="H772E38BE6B334E84B20503836D4DCC12"><header>Operations and training</header><text display-inline="no-display-inline">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: <italic>Provided</italic>, 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: <italic>Provided further</italic>, 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: <italic>Provided
further</italic>, 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.</text>
</appropriations-small><appropriations-small id="HBC2DB5C7AE6448EE94FC61FD35F931EF"><header>Ship disposal</header><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-small id="HC4BDEC75A480458DB55C494A7B41E196"><header>Assistance to small
shipyards</header><text display-inline="no-display-inline">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: <italic>Provided</italic>, 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: <italic>Provided
further</italic>, 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:
<italic>Provided further</italic>, That not to exceed 2 percent of the funds
appropriated under this heading shall be available for necessary costs of grant
administration.</text>
</appropriations-small><appropriations-small id="H9EBBEB3801E04E6998B659A6A405755A"><header>Maritime guaranteed loan (title xi)
program account</header>
</appropriations-small><appropriations-small id="H67996A1C0AA24B02BDBDB739C3D79424"><header>(including transfer of
funds)</header><text display-inline="no-display-inline">For the cost of
guaranteed loans, as authorized, $14,000,000, of which $10,000,000 shall remain
available until expended:
<proviso><italic>Provided</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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 <quote>Operations and Training</quote>, Maritime
Administration.</text>
</appropriations-small><appropriations-small id="H11449CA1357240739069D665DB254EDA"><header>Administrative provisions—maritime
administration</header>
</appropriations-small></section><section id="H4612020D9FC647A2AEE8C799CBD23DAF"><enum>175.</enum><text display-inline="yes-display-inline">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: <italic>Provided</italic>, 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.</text>
</section><section id="HFB8F16C3AF3D4D3E944687B04A5EDB1F"><enum>176.</enum><text display-inline="yes-display-inline">Section 51314 of title 46, United States
Code, is amended in subsection (b) by inserting at the end <quote>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.</quote></text>
<appropriations-intermediate id="H1467C5C406AE4F169FA820866F8ED837"><header>Pipeline and hazardous materials safety
administration</header>
</appropriations-intermediate><appropriations-small id="H75283F9312ED4951B749E41728188E87"><header>Administrative
expenses</header>
</appropriations-small><appropriations-small id="idF850F050A0064FB38764F0F1D4CBDA8E"><header>(pipeline safety
fund)</header>
</appropriations-small><appropriations-small id="id53372AE66E1E4F288648A86177115734"><header>(including transfer of
funds)</header><text display-inline="no-display-inline">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: <italic>Provided</italic>, That $1,000,000 shall be
transferred to <quote>Pipeline Safety</quote> in order to fund <quote>Pipeline
safety information grants to communities</quote> as authorized in section 60130
of title 49, United States Code.</text>
</appropriations-small><appropriations-small id="idC65137D9F43441E8B1DCC03D279E1BD3"><header>Hazardous materials
safety</header><text display-inline="no-display-inline">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: <italic>Provided</italic>,
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:
<italic>Provided further</italic>, 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.</text>
</appropriations-small><appropriations-small id="H7DA3465665B2460995222CE220D409EA"><header>Pipeline
safety</header>
</appropriations-small><appropriations-small id="HBB028E471F8C44E091BB9570660C822D"><header>(pipeline safety
fund)</header>
</appropriations-small><appropriations-small id="id130834FB2CB641539514562CBCF553DB"><header>(oil spill liability trust
fund)</header><text display-inline="no-display-inline">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:
<italic>Provided</italic>, That not less than $1,043,000 of the funds provided
under this heading shall be for the one-call State grant
program.</text>
</appropriations-small><appropriations-small id="HB0076844816144879B512AEC45E48A27"><header>Emergency preparedness
grants</header>
</appropriations-small><appropriations-small id="idB72E207546FE44D8AA84BB01D6783A31"><header>(emergency preparedness
fund)</header><text display-inline="no-display-inline">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:
<italic>Provided</italic>, 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): <italic>Provided further</italic>, 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.</text>
</appropriations-small><appropriations-intermediate id="id1F82D83727554BA69355D40DDE27A4D0"><header>Research and innovative technology
administration</header>
</appropriations-intermediate><appropriations-small id="id5988DBBA5E374B1CBCA54278D26DD9FD"><header>Research and development</header><text display-inline="no-display-inline">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: <italic>Provided</italic>, 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.</text>
</appropriations-small><appropriations-intermediate id="id26E72F24D80142049CF841DC9F5A399E"><header>Office of inspector
general</header>
</appropriations-intermediate><appropriations-small id="idDD8D277E5FA74B20ABD6F0DB3DFC5E88"><header>Salaries and expenses</header><text display-inline="no-display-inline">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: <italic>Provided</italic>, 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: <italic>Provided further</italic>, 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.</text>
</appropriations-small><appropriations-intermediate id="H59D77C95861C4C05BE63B03A5D5D1D92"><header>Surface transportation
board</header>
</appropriations-intermediate><appropriations-small id="idFDB43AF1B4DB4822A6693E44C1F8245A"><header>Salaries and expenses</header><text display-inline="no-display-inline">For necessary expenses of the Surface
Transportation Board, including services authorized by 5 U.S.C. 3109,
$28,332,000: <italic>Provided</italic>, 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: <italic>Provided further</italic>, 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.</text>
</appropriations-small><appropriations-intermediate id="H5F9227399058477098E1BBADE8FCE8EA"><header>General provisions—department of
transportation</header>
</appropriations-intermediate></section><section id="ID3D2A8336DE924E9698E7AD55A07345DA"><enum>180.</enum><text display-inline="yes-display-inline">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).</text>
</section><section id="ID09833B0F5BC44017AF1E45F8A3A16FCF"><enum>181.</enum><text display-inline="yes-display-inline">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.</text>
</section><section id="ID873E31024453420CAE404E8149B703A5"><enum>182.</enum><text display-inline="yes-display-inline">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: <italic>Provided</italic>, That
none of the personnel covered by this provision may be assigned on temporary
detail outside the Department of Transportation.</text>
</section><section id="ID189BB0727DBA49E4A742CA6E8A269AD3"><enum>183.</enum><text display-inline="yes-display-inline">None of the funds in this Act shall be used
to implement section 404 of title 23, United States Code.</text>
</section><section id="HA17E7736F5E345E9B4A57C1728884FF2"><enum>184.</enum><subsection commented="no" display-inline="yes-display-inline" id="H720A33AA8B9D49D9A4D38E2A533842E0"><enum>(a)</enum><text display-inline="yes-display-inline">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.</text>
</subsection><subsection changed="added" id="H90CEDF0833194219813D0EFF18FC6D05" reported-display-style="italic"><enum>(b)</enum><text>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.</text>
</subsection></section><section id="ID3A879B3F0FB743D88E879C3E56521CAC"><enum>185.</enum><text display-inline="yes-display-inline">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 <quote>Federal-Aid
Highways</quote> account, the Federal Transit Administration's <quote>Research
and University Research Centers</quote> account, and to the Federal Railroad
Administration's <quote>Safety and Operations</quote> account, except for State
rail safety inspectors participating in training pursuant to 49 U.S.C.
20105.</text>
</section><section id="IDDBC1874716464F5FA6F4395E90F18B59"><enum>186.</enum><text display-inline="yes-display-inline">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 <quote>Ferry Boats
and Ferry Terminal Facilities</quote>, <quote>Federal Lands</quote>,
<quote>Interstate Maintenance Discretionary</quote>, <quote>Transportation,
Community and System Preservation Program</quote>, <quote>Delta Region
Transportation Development Program</quote>, <quote>Rail Line Relocation and
Improvement Program</quote>, <quote>Rail-highway crossing hazard
eliminations</quote>, <quote>Capital Investment Grants</quote>,
<quote>Alternatives analysis</quote>, and <quote>Bus and bus
facilities</quote>.</text>
</section><section id="ID8FC4F59EFF4A4CA69EBFEADA3C4F3E38"><enum>187.</enum><text display-inline="yes-display-inline">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.</text>
</section><section id="ID2DD267D20D474E389ED25917B12DD3C6"><enum>188.</enum><text display-inline="yes-display-inline">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:
<italic>Provided</italic>, That the Secretary gives concurrent notification to
the House and Senate Committees on Appropriations for any <quote>quick
release</quote> of funds from the emergency relief program: <italic>Provided
further</italic>, That no notification shall involve funds that are not
available for obligation.</text>
</section><section id="ID1DEE5FC4C1494F9FBC822A32EB320495"><enum>189.</enum><text display-inline="yes-display-inline">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.</text>
</section><section id="ID2C812EB33F994C35B6DE91A3B9C138A9"><enum>190.</enum><text display-inline="yes-display-inline">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—</text>
<paragraph id="H64BAAE0E2B4D410380CF3B7B6FABB3D4"><enum>(1)</enum><text>to reimburse the actual
expenses incurred by the Department of Transportation in recovering improper
payments; and</text>
</paragraph><paragraph id="HB78FE4F66E6B44CAA23A1EA7461D3BCF"><enum>(2)</enum><text>to pay contractors for
services provided in recovering improper payments or contractor support in the
implementation of the Improper Payments Information Act of 2002:
<italic>Provided</italic>, That amounts in excess of that required for
paragraphs (1) and (2)—</text>
<subparagraph id="H0B6FF832914E4FC69F8C5A9125B699B3"><enum>(A)</enum><text>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</text>
</subparagraph><subparagraph id="H24CC75E1388346F28283F61E397A4051"><enum>(B)</enum><text>if no such appropriation
remains available, shall be deposited in the Treasury as miscellaneous
receipts: <italic>Provided further</italic>, 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: <italic>Provided further</italic>, That for purposes of this
section, the term <quote>improper payments</quote>, has the same meaning as
that provided in section 2(d)(2) of Public Law 107–300.</text>
</subparagraph></paragraph></section><section id="ID15ECC883CB0A40EDA8FCB84E4E125709"><enum>191.</enum><text display-inline="yes-display-inline">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: <italic>Provided</italic>, 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.</text>
</section><section id="H60DE2B20FC5F49BF819F8A3BDE9AB2D0"><enum>192.</enum><text display-inline="yes-display-inline">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.</text>
</section><section id="H83579C6714B64138A808776059A021B3"><enum>193.</enum><text display-inline="yes-display-inline">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:
<italic>Provided</italic>, that the Department shall include adequate
safeguards in the contract with the vendors to ensure timely and high quality
performance under the contract.</text>
</section><section id="IDb2e5cd54f9d6441eb4e2bb76002d21d7"><enum>194.</enum><subsection commented="no" display-inline="yes-display-inline" id="id2FEA8F045F8C4BA49E025FF1D75D6DC0"><enum>(a)</enum><header>In
general</header><text display-inline="yes-display-inline">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 <quote>all portions of the
Interstate Highway System in the State, laws (including
regulations)</quote>.</text>
</subsection><subsection changed="added" id="IDebe229948bd34c19bfabf52fd76ba1ac" reported-display-style="italic"><enum>(b)</enum><header>Period of
effectiveness</header><text>The amendment made by subsection (a) shall be in
effect during the 1-year period beginning on the date of enactment of this
Act.</text>
</subsection><subsection changed="added" id="ID6df117d20659472d8f7ba8b28ea4114f" reported-display-style="italic"><enum>(c)</enum><header>reversion</header><text>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
<quote>all portions of the Interstate Highway System in the State, laws
(including regulations)</quote> and inserting <quote>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)</quote>.</text>
</subsection></section><section id="IDeec13070c31c456cbc041e7bf327a206"><enum>195.</enum><text display-inline="yes-display-inline">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:
<proviso><italic>Provided</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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):
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, That $2,000,000
is available until expended for such purposes.</text>
</section><section id="id9C271231B26A4565B0AE1E19C046C9B1"><enum>196.</enum><text display-inline="yes-display-inline">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:
<proviso><italic>Provided</italic></proviso>, 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.</text>
<appropriations-small id="H5BBA1B62CBF644C485E1DA49FE507D0D"><text display-inline="no-display-inline">This
title may be cited as the <quote><short-title>Department
of Transportation Appropriations Act,
2010</short-title></quote>.</text>
</appropriations-small></section><enum>II</enum>
<appropriations-major id="id1DB56D1B5FCF44E395DCD64CBF6B6549"><header>Department of housing and urban
development</header>
</appropriations-major><appropriations-intermediate id="IDF1FC8500CCA44AF2982B212A9B18C51E"><header>Management and
administration</header>
</appropriations-intermediate><appropriations-intermediate id="HA5FB2AFD0A31406FA3F80EAF2E1A8CB7"><header>Executive direction</header><text display-inline="no-display-inline">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:
<italic>Provided</italic>, 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: <italic>Provided further</italic>, That no appropriation for
any office shall be increased or decreased by more than 5 percent by all such
transfers: <italic>Provided further</italic>, 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: <italic>Provided
further</italic>, That the Secretary shall provide the Committees on
Appropriations quarterly written notification regarding the status of pending
congressional reports: <italic>Provided further</italic>, That the Secretary
shall provide all signed reports required by Congress
electronically:<italic>Provided further</italic>, 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.</text>
</appropriations-intermediate><appropriations-small id="IDE4706A1979884C08B86B6DE7507D56B7"><header>Administration, operations and
management</header><text display-inline="no-display-inline">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: <italic>Provided</italic>, 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: <italic>Provided further</italic>, 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: <italic>Provided further</italic>, 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: <italic>Provided
further</italic>, That no appropriation for any office shall be increased or
decreased by more than 10 percent by all such
transfers.</text>
</appropriations-small><appropriations-intermediate id="H26A0E847B60D48C1A576EF1A66FB0DC0"><header>Personnel compensation and
benefits</header>
</appropriations-intermediate><appropriations-small id="H63D6E698251241789C4D0AD0D71F0612"><header>Public and indian housing</header><text display-inline="no-display-inline">For necessary personnel compensation and
benefits expenses of the Office of Public and Indian Housing,
$197,074,000.</text>
</appropriations-small><appropriations-small id="H9DC61FAC83544461A34E25887C4F412C"><header>Community planning and
development</header><text display-inline="no-display-inline">For necessary
personnel compensation and benefits expenses of the Office of Community
Planning and Development mission area,
$98,989,000.</text>
</appropriations-small><appropriations-small id="HDBA3B41098A041BABEAB86A78517B6A7"><header>Housing</header><text display-inline="no-display-inline">For necessary personnel compensation and
benefits expenses of the Office of Housing,
$374,887,000.</text>
</appropriations-small><appropriations-small id="HADA7F22F9045467D971845C138D45E3A"><header>Office of the government national
mortgage association</header><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-small id="H5027CC92109447679E6FCBDA174A15EC"><header>Policy development and
research</header><text display-inline="no-display-inline">For necessary
personnel compensation and benefits expenses of the Office of Policy
Development and Research, $21,138,000.</text>
</appropriations-small><appropriations-small id="HE45FE60F18AB4AC3B986CDE4385B6065"><header>Fair housing and equal
opportunity</header><text display-inline="no-display-inline">For necessary
personnel compensation and benefits expenses of the Office of Fair Housing and
Equal Opportunity, $71,800,000.</text>
</appropriations-small><appropriations-small id="H663536F58B3F428E82A53CA00136940B"><header>Office of healthy homes and lead hazard
control</header>
</appropriations-small><appropriations-small id="H092B51E7F0F04EF5BAF83B52064A93FF"><header>Personnel compensation and
benefits</header><text display-inline="no-display-inline">For necessary
personnel compensation and benefits expenses of the Office of Healthy Homes and
Lead Hazard Control, $7,151,000.</text>
</appropriations-small><appropriations-intermediate id="H2E1FDD4588CB47BBBD2049D3988527B1"><header>Public and indian
housing</header>
</appropriations-intermediate><appropriations-small id="H400F0256D5584330815AFC546B892CC2"><header>Tenant-based rental
assistance</header>
</appropriations-small><appropriations-small id="H80DAB0FC7133434BB965F75E2DD0AB81"><header>(including transfer of
funds)</header><text display-inline="no-display-inline">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.)
(<quote>the Act</quote> 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:
<italic>Provided</italic>, That of the amounts made available under this
heading are provided as follows:</text>
<paragraph id="HA7AF9ACA5E82434B93EA3ECC15653D25"><enum>(1)</enum><text>$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
<italic>and 2009</italic> (such as Family Unification, Veterans Affairs
Supportive Housing Vouchers and Non-elderly Disabled Vouchers):
<italic>Provided</italic>, 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: <italic>Provided further</italic>, 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:<italic> Provided further</italic>,
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: <italic>Provided further</italic>, 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: <italic>Provided
further</italic>, That the Secretary may extend the 60-day notification period
with the prior written approval of the House and Senate Committees on
Appropriations: <italic>Provided further</italic>, 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: <italic>Provided further</italic>,
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;</text>
</paragraph><paragraph id="H93F99A32F9164816AAD9839E32758984"><enum>(2)</enum><text>$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: <italic>Provided</italic>, 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;</text>
</paragraph><paragraph id="H51821A1C78064869AEB068ED475AEF30"><enum>(3)</enum><text>$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:
<italic>Provided</italic>, 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): <italic>Provided further</italic>, 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: <italic>Provided further</italic>, 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;</text>
</paragraph><paragraph id="id42CC21BB5DDB47D3A72FA7B382A6212F"><enum>(4)</enum><text display-inline="yes-display-inline">$50,000,000 shall be available for family
self-sufficiency coordinators under section 23 of the Act;</text>
</paragraph><paragraph id="HEF302C04E7934125872CD09AE46C65DE"><enum>(5)</enum><text>$20,000,000 for
incremental voucher assistance through the Family Unification Program:
<italic>Provided</italic>, That the assistance made available under this
paragraph shall continue to remain available for family unification upon
turnover: <italic>Provided further</italic>, 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;</text>
</paragraph><paragraph id="H82971EDE753F4EEF8952A2C17771DF1A"><enum>(6)</enum><text>$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:
<italic>Provided</italic>, 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: <italic>Provided
further</italic>, 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: <italic>Provided further</italic>,
That assistance made available under this paragraph shall continue to remain
available for homeless veterans upon turn-over; and</text>
</paragraph><paragraph id="ID204087ce301641658dd2a5b69e5a05e3"><enum>(7)</enum><text>up to $50,000,000
provided under this heading maybe transferred to and merged with the
appropriation for <quote>Transformation Initiative</quote>.</text>
</paragraph></appropriations-small><appropriations-small id="H73A14FE32142433EA8658C92B0859796"><header>Housing certificate fund</header><text display-inline="no-display-inline">Unobligated balances, including recaptures
and carryover, remaining from funds appropriated to the Department of Housing
and Urban Development under this heading, the heading <quote>Annual
Contributions for Assisted Housing</quote> and the heading <quote>Project-Based
Rental Assistance</quote>, 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: <italic>Provided</italic>, That any
obligated balances of contract authority from fiscal year 1974 and prior that
have been terminated shall be permanently
cancelled.</text>
</appropriations-small><appropriations-small id="H216376FD3666439CAC964BAD7AF1B721"><header>Public housing capital
fund</header>
</appropriations-small><appropriations-small id="HC59B944BEFD142A79D8F809B05B705F1"><text display-inline="no-display-inline">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 <quote>Act</quote>)
$2,500,000,000, to remain available until September 30, 2013:
<italic>Provided</italic>, 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: <italic>Provided further</italic>, That for
purposes of such section 9(j), the term <quote>obligate</quote> means, with
respect to amounts, that the amounts are subject to a binding agreement that
will result in outlays, immediately or in the future: <italic>Provided
further</italic>, 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): <italic>Provided further</italic>, That no funds may
be used under this heading for the purposes specified in section 9(k) of the
Act:<italic>Provided further</italic>, 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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: <italic>Provided
further</italic>, 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.): <italic>Provided further</italic>, That of the total
amount provided under this heading up to $8,820,000 is to support the costs of
administrative and judicial receiverships: <italic>Provided further</italic>,
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.</text>
</appropriations-small><appropriations-small id="HC4620C4398924E0588A588AB13FD3C4C"><header>Public housing operating
fund</header><text display-inline="no-display-inline">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: <italic>Provided</italic>, 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:
<proviso><italic>Provided further</italic></proviso>, That of the amounts
made available under this heading, up to $15,000,000 may be transferred to and
merged with the appropriation for <quote>Transformation
Initiative</quote>.</text>
</appropriations-small><appropriations-small id="H0139409A5326499E90AB05F6EDFB5807"><header>Choice neighborhoods</header><text display-inline="no-display-inline">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:
<italic>Provided</italic>, 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: <italic>Provided further</italic>, 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: <italic>Provided further</italic>, That grantees may include local
governments, public housing authorities, and nonprofits:
<proviso><italic>Provided further</italic></proviso>, That for-profit
developers may apply jointly with a public entity:
<proviso><italic>Provided further</italic></proviso>, That of the amounts
provided, not less than $165,000,000 shall be awarded to public housing
authorities:
<proviso><italic>Provided further</italic></proviso>, That such grantees
shall create partnerships with other local organizations including assisted
housing owners, service agencies and resident organizations: <italic>Provided
further</italic>, 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:
<proviso><italic>Provided further</italic></proviso>, 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: <italic>Provided further</italic>, 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: <italic>Provided
further</italic>, 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.</text>
</appropriations-small><appropriations-small id="HE68C1FEEDB3940DCBC25921629FDD232"><header>Native american housing block
grants</header><text display-inline="no-display-inline">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:
<italic>Provided</italic>, 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: <italic>Provided
further</italic>, 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:<italic>Provided further</italic>, 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:
<italic>Provided further</italic>, 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: <italic>Provided
further</italic>, 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.</text>
</appropriations-small><appropriations-small id="H7996523B0F394F2D8E945F286830C807"><header>Native hawaiian housing block
grant</header><text display-inline="no-display-inline">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:
<italic>Provided</italic>, 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.</text>
</appropriations-small><appropriations-small id="HAEB2EC161D16478D92CDE0D4CBD8040B"><header>Indian housing loan guarantee fund
program account</header><text display-inline="no-display-inline">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: <italic>Provided</italic>, That such costs, including the costs
of modifying such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974: <italic>Provided further</italic>, That these
funds are available to subsidize total loan principal, any part of which is to
be guaranteed, up to $919,000,000: <italic>Provided further</italic>, That up
to $750,000 shall be for administrative contract expenses including management
processes and systems to carry out the loan guarantee
program.</text>
</appropriations-small><appropriations-small id="H949970ED3C614AEE9E67EAFA463B6991"><header>Native hawaiian housing loan guarantee
fund program account</header><text display-inline="no-display-inline">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: <italic>Provided</italic>, That such costs, including
the costs of modifying such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974: <italic>Provided further</italic>, That these
funds are available to subsidize total loan principal, any part of which is to
be guaranteed, not to exceed $41,504,255.</text>
</appropriations-small><appropriations-intermediate id="HBE7E3C5848C546B980951220C25346E7"><header>Community planning and
development</header>
</appropriations-intermediate><appropriations-small id="HDEBE98CD3EF54635AE24667476DA6CDF"><header>Housing opportunities for persons with
aids</header>
</appropriations-small><appropriations-small id="H8297120DE60F40059EEACD2242953A01"><text display-inline="no-display-inline">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: <italic>Provided</italic>, 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.</text>
</appropriations-small><appropriations-small id="H305F77851BF643F898CA12B393D0D386"><header>Community development
fund</header>
</appropriations-small><appropriations-small id="H2A05D7D48F9745B0A854D8533453645D"><header>(including transfer of
funds)</header><text display-inline="no-display-inline">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:
<italic>Provided</italic>, 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
<quote>Act</quote> herein) (42 U.S.C. 5301 et seq.): <italic>Provided
further</italic>, 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: <italic>Provided
further</italic>, 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.</text><text display-inline="no-display-inline">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: <italic>Provided</italic>,
That none of the funds provided under this paragraph may be used for program
operations: <italic>Provided further</italic>, 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.</text><text display-inline="no-display-inline">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:
<italic>Provided</italic>, 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.</text>
</appropriations-small><appropriations-small id="id3D13DEE6676548D981436DAE57E56948"><text display-inline="no-display-inline">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 <quote>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</quote>
and inserting <quote>Old Town Boys and Girls Club, Albuquerque, NM, for
renovation of the Heights Boys and Girls Club</quote>.</text><text display-inline="no-display-inline">The referenced explanatory statement under
this heading in division I of Public Law 111–8 is deemed to be amended with
respect to <quote>Hawaii County Office of Housing and Community Development,
HI</quote> by striking <quote>Senior Housing Renovation Project</quote> and
inserting <quote>Transitional Housing Project</quote>.</text><text display-inline="no-display-inline">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”.</text><text display-inline="no-display-inline">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:
<proviso><italic>Provided</italic></proviso>, That $100,000,000 shall be
for Regional Integrated Planning Grants to support the linking of
transportation and land use planning:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, That the Secretary
will consult with the Secretary of Transportation in selecting grant
recipients:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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).</text>
</appropriations-small><appropriations-small id="H41B7D5DAA4DC4E49B8061140DBC076A8"><header>Community development loan guarantees
program account</header><text display-inline="no-display-inline">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: <italic>Provided</italic>, 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.</text>
</appropriations-small><appropriations-small id="H0AEFC92B53EE44378DA2E7C31192CC17"><header>Home investment partnerships
program</header>
</appropriations-small><appropriations-small id="HAE61A9F19EF54FB1AE2DCC84BB1B149B"><text display-inline="no-display-inline">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: <italic>Provided</italic>, 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.</text>
</appropriations-small><appropriations-small id="H3F618804441A4461AA39F197DFD0ABFF"><header>Self-help and assisted homeownership
opportunity program</header><text display-inline="no-display-inline">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:
<italic>Provided</italic>, 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: <italic>Provided
further</italic>, 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:
<italic>Provided further</italic>, That $8,000,000 shall be made available for
capacity building activities as authorized in sections 6301 through 6305 of
Public Law 110–246.</text>
</appropriations-small><appropriations-small id="H718963EF2C7643A6931EE2F173BD4141"><header>Homeless assistance
grants</header>
</appropriations-small><appropriations-small id="H288E9FB2483A41728EECBF7619AD0333"><header>(including transfer of
funds)</header><text display-inline="no-display-inline">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:
<italic>Provided</italic>, 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: <italic>Provided further</italic>, That all funds
awarded for services shall be matched by not less than 25 percent in funding by
each grantee: <italic>Provided further</italic>, 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: <italic>Provided further</italic>, 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:
<italic>Provided further</italic>, 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:
<italic>Provided further</italic>, That up to $6,000,000 of the funds
appropriated under this heading shall be available for the national homeless
data analysis project:
<proviso><italic>Provided further</italic></proviso>, That up to
$12,750,000 of the funds made available under this heading may be transferred
to and merged with the appropriation for <quote>Transformation
Initiative</quote>:<italic> Provided further</italic>, 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.</text>
</appropriations-small><appropriations-intermediate id="HFB347262BDF84041A1C1E998AD003461"><header>Housing
programs</header>
</appropriations-intermediate><appropriations-small id="H8EC83A130943439D92022ECC9768EFD5"><header>Project-based rental
assistance</header>
</appropriations-small><appropriations-small id="H62D30A05332741B5B4718FA599A83B8A"><header>(including transfer of
funds)</header><text display-inline="no-display-inline">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.) (<quote>the
Act</quote>), 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:
<italic>Provided</italic>, That the amounts made available under this heading
are provided as follows:</text>
<paragraph id="H8EC6D1A3339F4DA48113D1DF04411B69"><enum>(1)</enum><text>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.</text>
</paragraph><paragraph id="HEE211EA50A834C3BBE2AF735DF085508"><enum>(2)</enum><text>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: <italic>Provided</italic>, 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).</text>
</paragraph><paragraph id="H5F66FAD51B324FB6A32BFBE66C1036D3"><enum>(3)</enum><text>Not to exceed $20,000,000
provided under this heading may be transferred to and merged with the
appropriation for <quote>Transformation Initiative</quote>.</text>
</paragraph><paragraph id="H2DE05901E83D4ECF8DBF6DF8AB9E9B0F"><enum>(4)</enum><text>Amounts recaptured under
this heading, the heading <quote>Annual Contributions for Assisted
Housing</quote>, or the heading <quote>Housing Certificate Fund</quote> 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.</text>
</paragraph></appropriations-small><appropriations-small id="H22BBAA53072840E1B04B161587D94F26"><header>Housing for the
elderly</header>
</appropriations-small><appropriations-small id="H744C5D74A3564356AB9682F724CE4A6D"><header>(including transfer of
funds)</header><text display-inline="no-display-inline">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:
<proviso><italic>Provided</italic></proviso>, 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:<italic></italic><proviso><italic>Provided
further</italic></proviso>, 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: <italic>Provided
further</italic>, 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): <italic>Provided
further</italic>, 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:<italic>Provided
further</italic>, 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.</text>
</appropriations-small><appropriations-small id="H0AA25EFBE23D4D8AB482724066AFA4D3"><header>Housing for persons with
disabilities</header>
</appropriations-small><appropriations-small id="HC86E5978EAC8459CAAB7273D2CBE4232"><header>(including transfer of
funds)</header><text display-inline="no-display-inline">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:
<proviso><italic>Provided</italic></proviso>, 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:<italic>
Provided further</italic>, 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): <italic>Provided further</italic>, That all
tenant-based assistance made available under this heading shall continue to
remain available only to persons with disabilities: <italic>Provided
further</italic>, 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: <italic>Provided
further</italic>, 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.</text>
</appropriations-small><appropriations-intermediate id="H08432805C1FA41EC8EAEEBFA2FBB8ECC"><header>Housing counseling
assistance</header><text display-inline="no-display-inline">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: <italic>Provided</italic>, 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:
<proviso><italic>Provided further</italic></proviso>, 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.</text>
</appropriations-intermediate><appropriations-intermediate id="H3098C20F42614B9AA4F83B338AA9CD55"><header>Energy innovation fund</header><text display-inline="no-display-inline">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:
<italic>Provided</italic>, That $20,000,000 shall be for the Energy Efficient
Mortgage Innovation pilot program, directed at the single family housing
market: <italic>Provided further</italic>, That $20,000,000 shall be for the
Multifamily Energy Pilot, directed at the multifamily housing market:
<italic>Provided further</italic>, 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: <italic>Provided further</italic>, That selected
communities shall have demonstrated capacity to conduct energy efficient
retrofit activities, and no community shall receive more than
$10,000,000.</text>
</appropriations-intermediate><appropriations-small id="H45DA225077B14ED59744317AA54BAFE9"><header>Other assisted housing
programs</header>
</appropriations-small><appropriations-small id="H1C2FB8BB078B4A1683808561BBDA0327"><header>Rental housing assistance</header><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-small id="H9DB6B5A4ADC74F25ABF77D3DC110F703"><header>Rent
supplement</header>
</appropriations-small><appropriations-small id="HF21CCD23CFCC4D1F94D0EDF7ED2B2E2B"><header>(rescission)</header><text display-inline="no-display-inline">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:
<proviso><italic>Provided</italic></proviso>, 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.</text>
</appropriations-small><appropriations-small id="HD70546F8800F46539E2A2EB4482787DB"><header>Payment to manufactured housing fees
trust fund</header><text display-inline="no-display-inline">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: <italic>Provided</italic>, 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: <italic>Provided further</italic>, 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:
<italic>Provided further</italic>, That for the dispute resolution and
installation programs, the Secretary of Housing and Urban Development may
assess and collect fees from any program participant: <italic>Provided
further</italic>, 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:
<italic>Provided further</italic>, 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.</text>
</appropriations-small><appropriations-intermediate id="H7B0EA1881B01463E974BCFB14BD50C8F"><header>Federal housing
administration</header>
</appropriations-intermediate><appropriations-small id="H9F0293D78A9D45EB9C3F3C0CCCBBAC13"><header>Mutual mortgage insurance program
account</header>
</appropriations-small><appropriations-small id="HB835C89D0D604208BF988B3B84FFC806"><header>(including transfers of
funds)</header><text display-inline="no-display-inline">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:
<italic>Provided</italic>, 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):
<proviso><italic>Provided further</italic></proviso>, 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: <italic>Provided further</italic>, 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:
<italic>Provided</italic><italic>further</italic>, 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:
<italic>Provided further</italic>, 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.</text>
</appropriations-small><appropriations-small id="H0F81CF5684124F9EB50615C3E0F50C8C"><header>General and special risk program
account</header><text display-inline="no-display-inline">For the cost of
guaranteed loans, as authorized by sections 238 and 519 of the
<act-name parsable-cite="NHA">National Housing Act</act-name> (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:
<italic>Provided,</italic> That commitments to guarantee loans shall not exceed
$15,000,000,000 in total loan principal, any part of which is to be
guaranteed.</text><text display-inline="no-display-inline">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<italic></italic>,<italic></italic> 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.</text>
</appropriations-small><appropriations-intermediate id="H7A4E2224B6F14F51B30B4E53E756FEC5"><header>Government national mortgage
association</header>
</appropriations-intermediate><appropriations-small id="HD872670C6ED84168B0D89DD1D0CDC117"><header>Guarantees of mortgage-backed
securities loan guarantee program account</header><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-intermediate id="H7BD3B3E4768B4ED7979DA838B7D3BEAC"><header>Policy development and
research</header>
</appropriations-intermediate><appropriations-small id="H7D5599AA8F06426485E76388DB1EDEB6"><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-intermediate id="H03E0CA69D62B442896FA844CAB034D3B"><header>Fair housing and equal
opportunity</header>
</appropriations-intermediate><appropriations-small id="H60B44452CAE6460D85E322FADF48D1C6"><header>Fair housing activities</header><text display-inline="no-display-inline">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: <italic>Provided</italic>, 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: <italic>Provided further</italic>, 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:
<proviso><italic>Provided further</italic></proviso>, 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.</text>
</appropriations-small><appropriations-intermediate id="H0431AD6CD36B4C6CA106FF5DA6320B0F"><header>Office of lead hazard control and
healthy homes</header>
</appropriations-intermediate><appropriations-small id="H49B5CB8E9F8949B8B95CD4EAD830B84A"><header>Lead hazard reduction</header><text display-inline="no-display-inline">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: <italic>Provided</italic>, 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: <italic>Provided further</italic>, 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:
<italic>Provided further</italic>, That each recipient of funds provided under
the second proviso shall make a matching contribution in an amount not less
than 25 percent: <italic>Provided further</italic>, 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: <italic>Provided further</italic>, 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:<italic>Provided
further</italic>, 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:
<italic>Provided further</italic>, 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.</text>
</appropriations-small><appropriations-intermediate id="HCE563E6DAEEE41E5887125852F5F0DFE"><header>Management and
administration</header>
</appropriations-intermediate><appropriations-small id="H3BBF193290E14CDCB87C4E602D04B3C3"><header>Working capital fund</header><text display-inline="no-display-inline">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: <italic>Provided</italic>, That any
amounts transferred to this Fund under this Act shall remain available until
expended: <italic>Provided further</italic>, 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:
<italic>Provided further</italic>, 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.</text>
</appropriations-small><appropriations-small id="H25885551E7DD45A6B30286EDEEF2D6CF"><header>Office of inspector
general</header><text display-inline="no-display-inline">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: <italic>Provided</italic>, That
the Inspector General shall have independent authority over all personnel
issues within this office.</text>
</appropriations-small><appropriations-small id="H6570B61FFB954BF6A4DFAA76636CE4DD"><header>Transformation
initiative</header>
</appropriations-small><appropriations-small id="H73AADA915E69485DAA856E0BB0850D14"><header>(including transfer of
funds)</header><text display-inline="no-display-inline">For necessary expenses
for combating mortgage fraud, $20,000,000, to remain available until
expended.</text><text display-inline="no-display-inline">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: <quote>Public Housing Capital Fund</quote>,
<quote>Choice Neighborhoods Initiative</quote>, <quote>Energy Innovation
Fund</quote>, <quote>Housing Opportunities for Persons With AIDS</quote>,
<quote>Community Development Fund</quote>, <quote>HOME Investment Partnerships
Program</quote>, <quote>Self-Help and Assisted Homeownership Opportunity
Program</quote>, <quote>Housing for the Elderly</quote>, <quote>Housing for
Persons With Disabilities</quote>, <quote>Housing Counseling
Assistance</quote>, <quote>Payment to Manufactured Housing Fees Trust
Fund</quote>, <quote>Mutual Mortgage Insurance Program Account</quote>,
<quote>General and Special Risk Program Account</quote>, <quote>Research and
Technology</quote>, <quote>Lead Hazard Reduction</quote>, <quote>Rental Housing
Assistance</quote>, and <quote>Fair Housing Activities</quote>:
<proviso><italic>Provided</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, That of the amounts
made available under this paragraph, not less than $40,000,000 shall be
available for technical assistance and capacity building:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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.</text>
</appropriations-small><appropriations-intermediate id="HBFEAC65AD8B1441FA0CD59AB4DAACC32"><header>General provisions—Department of
housing and urban development</header>
</appropriations-intermediate><appropriations-small id="H8AEEF0E432374EF483E9B2590BACC2F3"><header>(including rescission of
funds)</header>
</appropriations-small><section id="ID1C4F31CE94F24FF499ED8F73BFFF27EC"><enum>201.</enum><text display-inline="yes-display-inline">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.</text>
</section><section id="ID7B5F50157CBD4A1288B3CC6B8EFA27D6"><enum>202.</enum><text display-inline="yes-display-inline">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.</text>
</section><section id="H3B14F8E129D149138958C3B63A3A38FD"><enum>203.</enum><subsection commented="no" display-inline="yes-display-inline" id="H37F6E614B5844311B3DA277E09C6683A"><enum>(a)</enum><text display-inline="yes-display-inline">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—</text>
<paragraph changed="added" id="HE73DCBC0C0664C6AB83D1C658CF493B5" reported-display-style="italic"><enum>(1)</enum><text>received an allocation in
a prior fiscal year under clause (ii) of such section; and</text>
</paragraph><paragraph changed="added" id="H01898925707E40D184AA8D9148FD57C8" reported-display-style="italic"><enum>(2)</enum><text>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.</text>
</paragraph></subsection><subsection changed="added" id="HB7BF27128B9F4B2CB08453BA93BEF3C8" reported-display-style="italic"><enum>(b)</enum><text>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).</text>
</subsection><subsection changed="added" id="HD6E740A8F4BE46E5985E7F61F5519D05" reported-display-style="italic"><enum>(c)</enum><text>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 <quote>metropolitan division</quote>)
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.</text>
</subsection><subsection changed="added" id="H66433C94D9D74C268260F46E83ACBB5B" reported-display-style="italic"><enum>(d)</enum><text>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.</text>
</subsection></section><section id="ID067DE28F288B48BD9EC6FC69DFD15203"><enum>204.</enum><text display-inline="yes-display-inline">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).</text>
</section><section id="ID5DAE698168EC49CBB82D50BC038FDF94"><enum>205.</enum><text display-inline="yes-display-inline">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).</text>
</section><section id="IDAD7607B30B8441DF90312D0114891A51"><enum>206.</enum><text display-inline="yes-display-inline">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.</text>
</section><section id="ID645F70C12C1241CBAE9CB340DF584399"><enum>207.</enum><text display-inline="yes-display-inline">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: <italic>Provided</italic>, 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.</text>
</section><section id="IDC6183076C047457BA37579F523F023E6"><enum>208.</enum><text display-inline="yes-display-inline">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.</text>
</section><section id="HBA2F32825B9E4827A86BCB495D3F04CF"><enum>209.</enum><subsection commented="no" display-inline="yes-display-inline" id="H84736F8DDD264B54B96C3DF22EE3F165"><enum>(a)</enum><text display-inline="yes-display-inline">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 <quote>metropolitan division</quote>), 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.</text>
</subsection><subsection changed="added" id="H1CC4FCB354084E7E92E912D01CF7786E" reported-display-style="italic"><enum>(b)</enum><text>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.</text>
</subsection><subsection changed="added" id="H1F3C9E605AD54BE0A0C327B73FCC3854" reported-display-style="italic"><enum>(c)</enum><text>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.</text>
</subsection></section><section id="ID9525D69E59BE415F8686C463EE58A2B8"><enum>210.</enum><text display-inline="yes-display-inline">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.</text>
</section><section id="HE6834FB55905441087B0B12F4DA97E0D"><enum>211.</enum><text display-inline="yes-display-inline">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.</text>
</section><section id="IDDAA3076C913A4CBF80DF3AF106D7FBE7"><enum>212.</enum><subsection commented="no" display-inline="yes-display-inline" id="ID38D15F4A38C64F739E803BBF3E1F4FDB"><enum>(a)</enum><text display-inline="yes-display-inline">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.</text>
</subsection><subsection changed="added" id="ID6618920D22D34EAEA81CB0A6B7725001" reported-display-style="italic"><enum>(b)</enum><text>The transfer authorized
in subsection (a) is subject to the following conditions:</text>
<paragraph id="H6F53CE7EA68D4404BF31E5407BCDF459"><enum>(1)</enum><text>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.</text>
</paragraph><paragraph id="H92F4567F48414F5C9E4AE40748BD1642"><enum>(2)</enum><text>The transferring project
shall, as determined by the Secretary, be either physically obsolete or
economically non-viable.</text>
</paragraph><paragraph id="H360842E155BD4F498478D6AF35686AC0"><enum>(3)</enum><text>The receiving project or
projects shall meet or exceed applicable physical standards established by the
Secretary.</text>
</paragraph><paragraph id="H4C8662D8661C48DFA5274CF15BE234B6"><enum>(4)</enum><text>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.</text>
</paragraph><paragraph id="H7575C8D0B91D4476AC5C0123FAE75AF3"><enum>(5)</enum><text>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.</text>
</paragraph><paragraph id="H4ECFF61E62E14D0FB375F15FEC032486"><enum>(6)</enum><text>The Secretary determines
that this transfer is in the best interest of the tenants.</text>
</paragraph><paragraph id="H0DA3B62C98C648089364ADF73A7D927F"><enum>(7)</enum><text>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.</text>
</paragraph><paragraph id="HB38C3BB2899F44348D5F95D8EAD42022"><enum>(8)</enum><text>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.</text>
</paragraph><paragraph id="H9B53D8B49236459E80BC599495F6C46E"><enum>(9)</enum><text>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.</text>
</paragraph><paragraph id="HBB460214B37F42979697F0524E0979CF"><enum>(10)</enum><text>The Secretary determines
that Federal liability with regard to this project will not be
increased.</text>
</paragraph></subsection><subsection changed="added" id="IDAB3BE644FC544F60A8B97C3288581F18" reported-display-style="italic"><enum>(c)</enum><text>For purposes of this
section—</text>
<paragraph id="H77CA7B39E9744821B6CA5FE6BBE3ACBF"><enum>(1)</enum><text>the terms
<quote>low-income</quote> and <quote>very low-income</quote> shall have the
meanings provided by the statute and/or regulations governing the program under
which the project is insured or assisted;</text>
</paragraph><paragraph id="H8A0177F18C4D47618B7AD193F263DF2F"><enum>(2)</enum><text>the term
<quote>multifamily housing project</quote> means housing that meets one of the
following conditions—</text>
<subparagraph id="HE58D0AF5215545F192E8EF70C7CA6FDB"><enum>(A)</enum><text>housing that is subject
to a mortgage insured under the National Housing Act;</text>
</subparagraph><subparagraph id="H7953129816944FC28B446E34085DA434"><enum>(B)</enum><text>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;</text>
</subparagraph><subparagraph id="HAC44D176F0274419AC689D28265123B7"><enum>(C)</enum><text>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;</text>
</subparagraph><subparagraph id="H2DF1939604EE46419D52F1CA4AFB60E7"><enum>(D)</enum><text>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</text>
</subparagraph><subparagraph id="HD2639C1735114FFD85693B553DE51B2E"><enum>(E)</enum><text>housing or vacant land
that is subject to a use agreement;</text>
</subparagraph></paragraph><paragraph id="H66178CC7BDD44F0383BD7A17FD330E4B"><enum>(3)</enum><text>the term
<quote>project-based assistance</quote> means—</text>
<subparagraph id="HF18C024FC60E476BBD178EF84BBC9412"><enum>(A)</enum><text>assistance provided under
section 8(b) of the United States Housing Act of 1937;</text>
</subparagraph><subparagraph id="HCBFC7C2F7B56497098EAE3FD7C80CDBC"><enum>(B)</enum><text>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);</text>
</subparagraph><subparagraph id="H2443B3B5B7884032845D7E530EBCD7AB"><enum>(C)</enum><text>rent supplement payments
under section 101 of the Housing and Urban Development Act of 1965;</text>
</subparagraph><subparagraph id="H2040DD71E2BB43B2B4CF3EA8BE4C9EE4"><enum>(D)</enum><text>interest reduction
payments under section 236 and/or additional assistance payments under section
236(f)(2) of the National Housing Act; and</text>
</subparagraph><subparagraph id="H103A193FFD9642A7867F15EADC060908"><enum>(E)</enum><text>assistance payments made
under section 202(c)(2) of the Housing Act of 1959;</text>
</subparagraph></paragraph><paragraph id="HB03009211EA845FB81DB15657FFEA0FC"><enum>(4)</enum><text>the term <quote>receiving
project or projects</quote> 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;</text>
</paragraph><paragraph id="H52E365CBD6BC4B1B9C663CA5841213E0"><enum>(5)</enum><text>the term
<quote>transferring project</quote> 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</text>
</paragraph><paragraph id="H510ABBAC96DC47E5AF4997366EBDA7F0"><enum>(6)</enum><text>the term
<quote>Secretary</quote> means the Secretary of Housing and Urban
Development.</text>
</paragraph></subsection></section><section id="H62EC4C5E3C094478BA32AC991636B383"><enum>213.</enum><text display-inline="yes-display-inline">The funds made available for Native
Alaskans under the heading <quote>Native American Housing Block Grants</quote>
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.</text>
</section><section id="H6C74048A19154F368F7B35DD1ABD7A35"><enum>214.</enum><text display-inline="yes-display-inline">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.).</text>
</section><section id="H2AF55EBC32AD492097E3E5EDBC15B714"><enum>215.</enum><subsection commented="no" display-inline="yes-display-inline" id="H5B8D87C8727148C4A146D21D08BB84DD"><enum>(a)</enum><text display-inline="yes-display-inline">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—</text>
<paragraph changed="added" id="H1C431230A753403E99857379054238A2" reported-display-style="italic"><enum>(1)</enum><text>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));</text>
</paragraph><paragraph changed="added" id="H31EFA73EB86241248E4EF9CD2337A49D" reported-display-style="italic"><enum>(2)</enum><text>is under 24 years of
age;</text>
</paragraph><paragraph changed="added" id="H0D8E38AD26B44D50A7DC4A14D3A4A106" reported-display-style="italic"><enum>(3)</enum><text>is not a veteran;</text>
</paragraph><paragraph changed="added" id="H12B6B956A6A84FCCBC5E5C1CA43E8E0B" reported-display-style="italic"><enum>(4)</enum><text>is unmarried;</text>
</paragraph><paragraph changed="added" id="H7E59C5A0E57A47648FC57BF2772CABC2" reported-display-style="italic"><enum>(5)</enum><text>does not have a dependent
child;</text>
</paragraph><paragraph changed="added" id="HD9B6754E7BA3463BA91F9F372CBE3765" reported-display-style="italic"><enum>(6)</enum><text>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</text>
</paragraph><paragraph changed="added" id="H047D65A8A0C14239B5D5E1A0D1BB0689" reported-display-style="italic"><enum>(7)</enum><text>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).</text>
</paragraph></subsection><subsection changed="added" id="H04AE3F0C602140DBB85FBF3D7730D9D0" reported-display-style="italic"><enum>(b)</enum><text>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.</text>
</subsection></section><section id="H9F831FAAF4B64886905FC17EC11D5BDD"><enum>216.</enum><text display-inline="yes-display-inline">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).</text>
</section><section id="HC8FB5A22153546DCA0DE575A4F12F8FF"><enum>217.</enum><text display-inline="yes-display-inline">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 (<quote>MAHRAA</quote>) 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.</text>
</section><section id="HCD15A37569FC46A08881846DA8237C4B"><enum>218.</enum><text display-inline="yes-display-inline">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.</text>
</section><section id="H6B5BE00DDAE64A709AC296D08DD9BFF6"><enum>219.</enum><text display-inline="yes-display-inline">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.</text>
</section><section id="H975C5AEF2AB8451FAD97FE5A09057183"><enum>220.</enum><subsection commented="no" display-inline="yes-display-inline" id="H766A6F1C3DB145BE89A27D37681FE0C6"><enum>(a)</enum><text display-inline="yes-display-inline">The amounts provided under the subheading
<quote>Program Account</quote> under the heading <quote>Community Development
Loan Guarantees</quote> 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:
<italic>Provided</italic>, 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.</text>
</subsection><subsection changed="added" id="HF4855661767F4DD6AC3145E5D68F26C6" reported-display-style="italic"><enum>(b)</enum><text>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).</text>
</subsection></section><section id="IDE052EB443CFB46128F25488DC721E3C1"><enum>221.</enum><text display-inline="yes-display-inline">Section 24 of the United States Housing Act
of 1937 (42 U.S.C. 1437v) is amended—</text>
<paragraph id="IDC17A0F46DF234A038931D7D932075E48"><enum>(1)</enum><text>in subsection (m)(1), by
striking <quote>2009</quote> and inserting <quote>2010</quote>; and</text>
</paragraph><paragraph id="ID95EC905C9EE142F48E9F64E893F120CD"><enum>(2)</enum><text>in subsection (o), by
striking <quote>September 30, 2009</quote> and inserting <quote>September 30,
2010</quote>.</text>
</paragraph></section><section id="ID15E3F79419654F9EA5F81B717D463B24"><enum>222.</enum><text display-inline="yes-display-inline">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:
<italic>Provided</italic>, That an agency seeking a discontinuance of a
reduction of subsidy under the operating fund formula shall not be exempt from
asset management requirements.</text>
</section><section id="ID59E077D6521F4B3F809A8A645A91D999"><enum>223.</enum><text display-inline="yes-display-inline">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)): <italic>Provided</italic>, 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).</text>
</section><section id="H64A0098EA5F74D779DD2EAEFD0A8781E"><enum>224.</enum><text display-inline="yes-display-inline">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.</text>
</section><section id="H4649E92E251147CEA9611708F41ED9B7"><enum>225.</enum><text display-inline="yes-display-inline">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 <quote>Executive Direction</quote> and
heading <quote>Administration, Operations, and Management</quote> as well as
each account receiving appropriations for <quote>personnel compensation and
benefits</quote> within the Department of Housing and Urban Development.</text>
</section><section id="HD533A321C10048A2BBB2013DB9883873"><enum>226.</enum><text display-inline="yes-display-inline">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.</text>
</section><section id="H0EA0862DB15D413EB9D66A24B7E17F71"><enum>227.</enum><text display-inline="yes-display-inline">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.</text>
<appropriations-small id="idE9565A6035EA4B77B333E2C89D476343"><header>Prepayment and
Refinancing</header>
</appropriations-small></section><section id="id569718012F9C417996B71F1D3BD46DB9"><enum>228.</enum><subsection commented="no" display-inline="yes-display-inline" id="idD6D6DF82CF42435EA0E3DEE0F3FE11B5"><enum>(a)</enum><header>Approval of
Prepayment of Debt</header><text display-inline="yes-display-inline">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—</text>
<paragraph changed="added" id="HA303C352A34643F389110D05BA6ADEBD" reported-display-style="italic"><enum>(1)</enum><text>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</text>
</paragraph><paragraph changed="added" id="HF3F71BF1B22846B7A23D04ED58388CCC" reported-display-style="italic"><enum>(2)</enum><text>the prepayment may
involve refinancing of the loan if such refinancing results—</text>
<subparagraph id="HF17036992736481390D6B5161E5CEAA1"><enum>(A)</enum><text>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</text>
</subparagraph><subparagraph id="HB088DED012B5440B93A117EE62F5B18C"><enum>(B)</enum><text>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—</text>
<clause id="HF2EB673E473A4D7C82C1DA263F815B9E"><enum>(i)</enum><text>the project owner shall
address the physical needs of the project;</text>
</clause><clause id="HC02B8F7DF40E4802A81EA4B20AE4CC9F"><enum>(ii)</enum><text>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;</text>
</clause><clause id="HF36DC7E8BF894E27B4898B257BB2BC16"><enum>(iii)</enum><text>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—</text>
<subclause id="H0D32073DD5124A6FAA673F3CCA60B860"><enum>(I)</enum><text>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</text>
</subclause><subclause id="H8BEA30E839D848BAB5F1018CC736CFD6"><enum>(II)</enum><text>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));</text>
</subclause></clause><clause id="HD06C11B3CC0A48E1B0CE32A665074428"><enum>(iv)</enum><text>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—</text>
<subclause id="H522200B8C1724A5E8929BDE4C8924AA5"><enum>(I)</enum><text>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</text>
</subclause><subclause id="HF92B7BA780A14B3BAF0866AC4FA151BE"><enum>(II)</enum><text>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));</text>
</subclause></clause><clause id="HCA44375122DE41519330E8EDE88A04E3"><enum>(v)</enum><text>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</text>
</clause><clause id="H056BD1487A8E41928D7080FADA3F0158"><enum>(vi)</enum><text>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)).</text>
</clause></subparagraph></paragraph></subsection></section><appropriations-small id="idD21CE844721A4224AAF950BABD3139B1"><header>Use of Surplus Federal Property for the
Homeless</header>
</appropriations-small><section id="HD37427F80E364E1895FEE7AEA4F50047"><enum>229.</enum><text display-inline="yes-display-inline">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: <italic>Provided</italic>, 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: <italic>Provided further</italic>, 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:
<italic>Provided further</italic>, 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: <italic>Provided further</italic>, 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.</text>
</section><section id="ID3582C3B690A2471A8594BFC55656FE39"><enum>230.</enum><text display-inline="yes-display-inline">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.</text>
</section><section id="ID7123B7C39DDC48CC9F7D29E2A42A2FE6"><enum>231.</enum><text display-inline="yes-display-inline">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.</text>
</section><section id="ID1BDE27BFCA4A4E39BAF0EB1B48EED0A7"><enum>232.</enum><text display-inline="yes-display-inline">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
<quote>Personnel Compensation and Benefits</quote> to any other account under
this title under the heading <quote>Personnel Compensation and Benefits</quote>
only after such transfer has been submitted to, and received prior written
approval by, the House and Senate Committees on Appropriations:
<italic>Provided</italic>, That, no appropriation for any such account shall be
increased or decreased by more than 10 percent by all such transfers.</text>
</section><section id="H5BD82DB90BAB41B6A11CE92EDC8127BC"><enum>233.</enum><text display-inline="yes-display-inline">The Disaster Housing Assistance Programs,
administered by the Department of Housing and Urban Development, shall be
considered a <quote>program of the Department of Housing and Urban
Development</quote> under section 904 of the McKinney Act for the purpose of
income verifications and matching.</text>
</section><section id="id42CB19561BC14EE5A5F745543BE4AD32"><enum>234.</enum><header>Report on cost of Government-owned residential
homes</header><subsection commented="no" display-inline="yes-display-inline" id="id2559FE74FA9D4F0B9B56B8C82303BD7B"><enum>(a)</enum><header>In
general</header><text display-inline="yes-display-inline">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 <quote>Department</quote>), regarding the number of
homes owned by the Department and the budget impact of acquiring, maintaining,
and selling such homes.</text>
</subsection><subsection changed="added" id="id965DF288AD924388B436FBDFCFCA6865" reported-display-style="italic"><enum>(b)</enum><header>Content</header><text>The
report required by this section shall include—</text>
<paragraph id="ID1855caff557f4983a78bcf347b4347f4"><enum>(1)</enum><text>the number of residential
homes that the Department owned during the years 2004 and 2009;</text>
</paragraph><paragraph id="ID477cc5b536fb4fb8a2c2705360775be3"><enum>(2)</enum><text>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;</text>
</paragraph><paragraph id="ID8a9a82a16fcd498f9fc89b20e46470f3"><enum>(3)</enum><text>a detailed explanation of
the reasons for the ownership by the Department of the homes;</text>
</paragraph><paragraph id="ID90e9d080ff694a02ab10d5c86f77f97a"><enum>(4)</enum><text>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</text>
</paragraph><paragraph id="ID9400953afb6c4df4b8bfcf16836ca80f"><enum>(5)</enum><text>a list of the 10 States
in which the Department owns the most homes and the rate of homelessness in
each of those States.</text>
</paragraph></subsection></section><section id="id3B18DE70BBDF4AE99F01A5BB9540D02D"><enum>235.</enum><text display-inline="yes-display-inline">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)).</text>
</section><section id="idD43A2491DFB44FE79A5F233061AA470E"><enum>236.</enum><text display-inline="yes-display-inline">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:</text>
<continuation-text continuation-text-level="section">“: <italic>Provided further,
</italic>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”.</continuation-text></section><section id="id60DF3EBD895447A7877538767D4B3148"><enum>237.</enum><text display-inline="yes-display-inline">The matter under the heading
<quote><header-in-text level="appropriations-small" style="appropriations">Community Development Fund</header-in-text></quote>,
under the heading <quote><header-in-text level="appropriations-intermediate" style="appropriations">Community Planning and
Development</header-in-text></quote>, under the heading <quote><header-in-text level="appropriations-major" style="appropriations">Department of Housing and
Urban Development</header-in-text></quote> 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 <quote>:
<proviso><italic>Provided further, </italic>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</proviso></quote>.</text>
<appropriations-small id="H2A214B74030F41398786807719EC1905"><text display-inline="no-display-inline">This
title may be cited as the <quote><short-title>Department
of Housing and Urban Development Appropriations Act,
2010</short-title></quote>.</text>
</appropriations-small></section><enum>III</enum>
<appropriations-major id="idDF8C9F2BB3824A28A48AFCB171E7861C"><header>Related
agencies</header>
</appropriations-major><appropriations-intermediate id="H48D57BA833314B87A37592DCE6D203BE"><header>access
board</header>
</appropriations-intermediate><appropriations-small id="HCD800F6964F44FD8BD63FAD5BD069C03"><text display-inline="no-display-inline">For
expenses necessary for the Access Board, as authorized by section 502 of the
Rehabilitation Act of 1973, as amended, $7,400,000: <italic>Provided</italic>,
That, notwithstanding any other provision of law, there may be credited to this
appropriation funds received for publications and training
expenses.</text>
</appropriations-small><appropriations-intermediate id="HCBF086631005468EB375BC17E03C2EF4"><header>Federal maritime
commission</header>
</appropriations-intermediate><appropriations-small id="HF02B15A5267F4EC280BC9F36C606FE8F"><header>Salaries and expenses</header><text display-inline="no-display-inline">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: <italic>Provided</italic>, That not to exceed $2,000
shall be available for official reception and representation
expenses.</text>
</appropriations-small><appropriations-intermediate id="id07FF877FCBEE483F86E218131D6DDA96"><header>National Railroad Passenger
Corporation</header>
</appropriations-intermediate><appropriations-small id="idE4A0EA5E23244989A47434D716BC2ACF"><header>OFFICE OF INSPECTOR
GENERAL</header>
</appropriations-small><appropriations-small id="id3DF1AC9A6A46495996391235B0E587BD"><header>salaries and
expenses</header>
<subsection commented="no" display-inline="no-display-inline" id="IDd103152d5d08434f8a9caf5fdaa8868c"><enum></enum><text>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:
<proviso><italic>Provided</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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.</text>
</subsection></appropriations-small><appropriations-intermediate id="HB67D308D7A7540D79ED583DB273966DF"><header>National transportation safety
board</header>
</appropriations-intermediate><appropriations-small id="H8BFD940B166741C6A76E52277309F0DB"><header>Salaries and expenses</header><text display-inline="no-display-inline">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:
<proviso><italic>Provided</italic></proviso>, That of funds provided
under this heading, $2,416,000 shall remain available through September 30,
2011:
<proviso><italic>Provided further</italic></proviso>, 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.</text>
</appropriations-small><appropriations-intermediate id="H59D9877F36F64CFEB0AF9E221FD68144"><header>Neighborhood reinvestment
corporation</header>
</appropriations-intermediate><appropriations-small id="HDD74E58E9F714784B3D2BE110E203C4C"><header>Payment to the neighborhood
reinvestment corporation</header><text display-inline="no-display-inline">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: <italic>Provided</italic>, 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, <quote>, except that the board-appointed officers may be paid salary at
a rate not to exceed level II of the Executive Schedule</quote>:
<proviso><italic>Provided further</italic></proviso>, 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: <italic>Provided further</italic>, 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:</text>
<paragraph id="H14B1135D3E1040B6AF4F1D51F0486466"><enum>(1)</enum><text>The Neighborhood
Reinvestment Corporation (<quote>NRC</quote>), 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.</text>
</paragraph><paragraph id="H1FFC6D812FCA45CD8D5453B65169DDBE"><enum>(2)</enum><text>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.</text>
</paragraph><paragraph id="H416A620B5CFF4C33B4B8AAA1219F6BC8"><enum>(3)</enum><text>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.</text>
</paragraph><paragraph id="H9D6AF75450984C2BB9EE064E7EDA47D5"><enum>(4)</enum><text>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.</text>
</paragraph><paragraph id="H02EBE08E81C941CBB5786D6B836B99CB"><enum>(5)</enum><text>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.</text>
</paragraph><paragraph id="H9DE20F4CDF004D63B57F8198CB8E4CD0"><enum>(6)</enum><text>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.</text>
</paragraph><paragraph id="H62D58051C5224BF887D3424D2AEE0F02"><enum>(7)</enum><text>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.</text>
</paragraph><paragraph id="H0C62CB689DC3479D9542B38C67D13EA3"><enum>(8)</enum><text>Mortgage foreclosure
mitigation assistance grants may include a budget for outreach and advertising,
and training, as determined by the NRC.</text>
</paragraph><paragraph id="HA206A7066A7E450085A098CEA6106446"><enum>(9)</enum><text>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.</text>
</paragraph></appropriations-small><appropriations-intermediate id="H6BD16C833F45451C88C08D13EAC51A40"><header>United states interagency council on
homelessness</header>
</appropriations-intermediate><appropriations-small id="H86AB6B1FC4DE40D2B54CAD8FF31CC987"><header>Operating expenses</header><text display-inline="no-display-inline">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.</text>
</appropriations-small><enum>IV</enum>
<appropriations-major id="id3AF70BDF907C480D9B3B2F0C552D6A07"><header>General provisions—this
act</header>
</appropriations-major><section id="ID1B2872B919A542888A85369E306A465E"><enum>401.</enum><text display-inline="yes-display-inline">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.</text>
</section><section id="ID2D4A60DDB74E47589CCBAC74495B7291"><enum>402.</enum><text display-inline="yes-display-inline">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.</text>
</section><section id="IDA22F13D14D4A4370A1C6AAD05A7F8735"><enum>403.</enum><text display-inline="yes-display-inline">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.</text>
</section><section id="IDC86DD2948C294D26A2C79C06D11BC0AA"><enum>404.</enum><text display-inline="yes-display-inline">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.</text>
</section><section id="ID19FEDAEA592A404F891750EF7DD426EA"><enum>405.</enum><text display-inline="yes-display-inline">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: <italic>Provided</italic>, 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:
<italic>Provided further</italic>, 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:
<italic>Provided further</italic>, 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.</text>
</section><section id="ID375A7FA5F610490587D7BB0BEF86A2C7"><enum>406.</enum><text display-inline="yes-display-inline">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:
<italic>Provided</italic>, That a request shall be submitted to the House and
Senate Committees on Appropriations for approval prior to the expenditure of
such funds: <italic>Provided further</italic>, That these requests shall be
made in compliance with reprogramming guidelines under section 405 of this
Act.</text>
</section><section id="ID20089C13882B4874B820FF662658255B"><enum>407.</enum><text display-inline="yes-display-inline">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.</text>
</section><section id="H6FD35A95EA864DA9BC38790BF38785EE"><enum>408.</enum><subsection commented="no" display-inline="yes-display-inline" id="H714AC14F6FCD4CDEA87B8763DC55C739"><enum>(a)</enum><text display-inline="yes-display-inline">None of the funds made available in this
Act may be obligated or expended for any employee training that—</text>
<paragraph changed="added" id="H8CCA8FA27B9E4B4DA5860E01212DAC6F" reported-display-style="italic"><enum>(1)</enum><text>does not meet identified
needs for knowledge, skills, and abilities bearing directly upon the
performance of official duties;</text>
</paragraph><paragraph changed="added" id="H5F630033AC9F489C890F59B86697B31F" reported-display-style="italic"><enum>(2)</enum><text>contains elements likely
to induce high levels of emotional response or psychological stress in some
participants;</text>
</paragraph><paragraph changed="added" id="H1EFB2EC060EE4E108583737BA0BA7510" reported-display-style="italic"><enum>(3)</enum><text>does not require prior
employee notification of the content and methods to be used in the training and
written end of course evaluation;</text>
</paragraph><paragraph changed="added" id="H429BB31FECB44402845C40664B7AA7EF" reported-display-style="italic"><enum>(4)</enum><text>contains any methods or
content associated with religious or quasi-religious belief systems or
<quote>new age</quote> belief systems as defined in Equal Employment
Opportunity Commission Notice N–915.022, dated September 2, 1988; or</text>
</paragraph><paragraph changed="added" id="H80EFAD91AA0340B5AA95C93F1620CFA4" reported-display-style="italic"><enum>(5)</enum><text>is offensive to, or
designed to change, participants' personal values or lifestyle outside the
workplace.</text>
</paragraph></subsection><subsection changed="added" id="H3E86FEA1533A4300B14AEAB2D149C1F7" reported-display-style="italic"><enum>(b)</enum><text>Nothing in this section
shall prohibit, restrict, or otherwise preclude an agency from conducting
training bearing directly upon the performance of official duties.</text>
</subsection></section><section id="ID7023747F89CC453E8C26E0BE5B61D684"><enum>409.</enum><text display-inline="yes-display-inline">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:
<italic>Provided</italic>, That for purposes of this section, public use shall
not be construed to include economic development that primarily benefits
private entities: <italic>Provided further</italic>, 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.</text>
</section><section id="ID2BC26C48F33148EDB0ABC7B57AC5781E"><enum>410.</enum><text display-inline="yes-display-inline">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.</text>
</section><section id="ID2ADA21CDC782495CBE9DDE1BF1ABCFC9"><enum>411.</enum><text display-inline="yes-display-inline">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.</text>
</section><section id="ID8374D25DAF88480BACB3F7BC642A3F56"><enum>412.</enum><text display-inline="yes-display-inline">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 <quote>Buy American
Act</quote>).</text>
</section><section id="ID896376C5F71A4C728AD2D8A67A53AECD"><enum>413.</enum><text display-inline="yes-display-inline">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).</text>
</section><section id="idAD99EDAE7A324C3B9B5B31C4D325F424"><enum>414.</enum><text display-inline="yes-display-inline">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.</text>
</section><section id="idD9CF353DCACE43C9909A159629E2EC3F"><enum>415.</enum><text display-inline="yes-display-inline">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.</text>
</section><section id="idA9896193F7424927B3E2FE79A1179402"><enum>416.</enum><subsection commented="no" display-inline="yes-display-inline" id="idC12C89BB9F624CD6B7B79850EF7C78C1"><enum>(a)</enum><text display-inline="yes-display-inline">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.</text>
</subsection><subsection changed="added" id="id614BA40A864541A39E38AC4C4E55DF2C" reported-display-style="italic"><enum>(b)</enum><text>Subsection (a) shall not
apply to a report if—</text>
<paragraph id="id079B6BEB480C4CD09C96B2AD02B89DBE"><enum>(1)</enum><text>the public posting of the
report compromises national security; or</text>
</paragraph><paragraph id="id2A59C82590044626AC19F798E552EA68"><enum>(2)</enum><text>the report contains
proprietary information.</text>
</paragraph></subsection></section><appropriations-small commented="no" id="H574199AEF7B44155A61A23EF17601AEC"><text display-inline="no-display-inline">This Act may be cited as the
<quote><short-title>Transportation, Housing and Urban
Development, and Related Agencies Appropriations Act,
2010</short-title></quote>.</text>
</appropriations-small>
Secretary