    [Congressional Bills 111th Congress]
    [From the U.S. Government Publishing Office]
    [H.R. 3288 Enrolled Bill (ENR)]

            H.R.3288

                          One Hundred Eleventh Congress

                                     of the

                            United States of America

                              AT THE FIRST SESSION

              Begun and held at the City of Washington on Tuesday,
                 the sixth day of January, two thousand and nine

                                     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.

        Be it enacted by the Senate and House of Representatives of the
    United States of America in Congress assembled,
    SECTION 1. SHORT TITLE.
        This Act may be cited as the ``Consolidated Appropriations Act,
    2010''.
    SEC. 2. TABLE OF CONTENTS.
        The table of contents of this Act is as follows:

        Sec. 1. Short title.
        Sec. 2. Table of contents.
        Sec. 3. References.
        Sec. 4. Statement of appropriations.

     DIVISION A--TRANSPORTATION, HOUSING AND URBAN DEVELOPMENT, AND RELATED
                        AGENCIES APPROPRIATIONS ACT, 2010

        Title I--Department of Transportation
        Title II--Department of Housing and Urban Development
        Title III--Related agencies
        Title IV--General provisions--This Act

          DIVISION B--COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES
                            APPROPRIATIONS ACT, 2010

        Title I--Department of Commerce
        Title II--Department of Justice
        Title III--Science
        Title IV--Related agencies
        Title V--General provisions

      DIVISION C--FINANCIAL SERVICES AND GENERAL GOVERNMENT APPROPRIATIONS
                                    ACT, 2010

        Title I--Department of the Treasury
        Title II--Executive Office of the President and funds appropriated
                  to the President
        Title III--The judiciary
        Title IV--District of Columbia
        Title V--Independent agencies
        Title VI--General provisions--This Act
        Title VII--General provisions--Government-wide
        Title VIII--General provisions--District of Columbia

        DIVISION D--DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES, AND
            EDUCATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2010

        Title I--Department of Labor
        Title II--Department of Health and Human Services
        Title III--Department of Education
        Title IV--Related agencies
        Title V--General provisions

       DIVISION E--MILITARY CONSTRUCTION AND VETERANS AFFAIRS AND RELATED
                        AGENCIES APPROPRIATIONS ACT, 2010

        Title I--Department of Defense
        Title II--Department of Veterans Affairs
        Title III--Related agencies
        Title IV--Overseas contingency operations
        Title V--General provisions

        DIVISION F--DEPARTMENT OF STATE, FOREIGN OPERATIONS, AND RELATED
                        PROGRAMS APPROPRIATIONS ACT, 2010

        Title I--Department of State and related agency
        Title II--United States Agency for International Development
        Title III--Bilateral economic assistance
        Title IV--International security assistance
        Title V--Multilateral assistance
        Title VI--Export and investment assistance
        Title VII--General provisions
    SEC. 3. REFERENCES.
        Except as expressly provided otherwise, any reference to ``this
    Act'' contained in any division of this Act shall be treated as
    referring only to the provisions of that division.
    SEC. 4. STATEMENT OF APPROPRIATIONS.
        The following sums in this Act are appropriated, out of any money
    in the Treasury not otherwise appropriated, for the fiscal year ending
    September 30, 2010.

    DIVISION A--TRANSPORTATION, HOUSING AND URBAN DEVELOPMENT, AND RELATED
                       AGENCIES APPROPRIATIONS ACT, 2010

                                    TITLE I

                          DEPARTMENT OF TRANSPORTATION

                            Office of the Secretary

                             salaries and expenses

        For necessary expenses of the Office of the Secretary,
    $102,686,000, 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 $11,100,000 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 $2,504,000 shall be
    available for the Office of the Assistant Secretary for Governmental
    Affairs; not to exceed $25,520,000 shall be available for the Office of
    the Assistant Secretary for Administration; not to exceed $2,055,000
    shall be available for the Office of Public Affairs; not to exceed
    $1,658,000 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
    $10,600,000 for the Office of Intelligence, Security, and Emergency
    Response; and not to exceed $13,215,000 shall be available for the
    Office of the Chief Information Officer: Provided, That the Secretary
    of Transportation is authorized to transfer funds appropriated for any
    office of the Office of the Secretary to any other office of the Office
    of the Secretary: Provided further, That no appropriation for any
    office shall be increased or decreased by more than 5 percent by all
    such transfers: Provided further, That notice of any change in funding
    greater than 5 percent shall be submitted for approval to the House and
    Senate Committees on Appropriations: Provided further, That not to
    exceed $60,000 shall be for allocation within the Department for
    official reception and representation expenses as the Secretary may
    determine: Provided further, That notwithstanding any other provision
    of law, excluding fees authorized in Public Law 107-71, there may be
    credited to this appropriation up to $2,500,000 in funds received in
    user fees: Provided further, That none of the funds provided in this
    Act shall be available for the position of Assistant Secretary for
    Public Affairs.

                      national infrastructure investments

        For capital investments in surface transportation infrastructure,
    $600,000,000, to remain available through September 30, 2012: Provided,
    That the Secretary of Transportation shall distribute funds provided
    under this heading as discretionary grants to be awarded to a State,
    local government, transit agency, or a collaboration among such
    entities on a competitive basis for projects that will have a
    significant impact on the Nation, a metropolitan area, or a region:
    Provided further, That projects eligible for funding provided under
    this heading shall include, but not be limited to, highway or bridge
    projects eligible under title 23, United States Code; public
    transportation projects eligible under chapter 53 of title 49, United
    States Code; passenger and freight rail transportation projects; and
    port infrastructure investments: Provided further, That in distributing
    funds provided under this heading, the Secretary shall take such
    measures so as to ensure an equitable geographic distribution of funds,
    an appropriate balance in addressing the needs of urban and rural
    areas, and the investment in a variety of transportation modes:
    Provided further, That a grant funded under this heading shall be not
    less than $10,000,000 and not greater than $200,000,000: Provided
    further, That not more than 25 percent of the funds made available
    under this heading may be awarded to projects in a single State:
    Provided further, That the Federal share of the costs for which an
    expenditure is made under this heading shall be, at the option of the
    recipient, up to 80 percent: Provided further, That the Secretary shall
    give priority to projects that require a contribution of Federal funds
    in order to complete an overall financing package: Provided further,
    That not less than $140,000,000 of the funds provided under this
    heading shall be for projects located in rural areas: Provided further,
    That for projects located in rural areas, the minimum grant size shall
    be $1,000,000 and the Secretary may increase the Federal share of costs
    above 80 percent: Provided further, That of the amount made available
    under this heading, the Secretary may use an amount not to exceed
    $150,000,000 for the purpose of paying the subsidy and administrative
    costs of projects eligible for federal credit assistance under chapter
    6 of title 23, United States Code, if the Secretary finds that such use
    of the funds would advance the purposes of this paragraph: Provided
    further, That of the amount made available under this heading, the
    Secretary may use an amount not to exceed $35,000,000 for the planning,
    preparation or design of projects eligible for funding under this
    heading: Provided further, That projects conducted using funds provided
    under this heading must comply with the requirements of subchapter IV
    of chapter 31 of title 40, United States Code: Provided further, That
    the Secretary shall publish criteria on which to base the competition
    for any grants awarded under this heading no sooner than 60 days after
    enactment of this Act, require applications for funding provided under
    this heading to be submitted 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: Provided further, That the Secretary may retain up to
    $25,000,000 of the funds provided under this heading, and may transfer
    portions of those funds to the Administrators of the Federal Highway
    Administration, the Federal Transit Administration, the Federal
    Railroad Administration and the Federal Maritime Administration, to
    fund the award and oversight of grants made under this heading.

                          financial management capital

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

                             office of civil rights

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

               transportation planning, research, and development

        For necessary expenses for conducting transportation planning,
    research, systems development, development activities, and making
    grants, to remain available until expended, $16,168,000.

                              working capital fund

        For necessary expenses for operating costs and capital outlays of
    the Working Capital Fund, not to exceed $147,596,000, shall be paid
    from appropriations made available to the Department of Transportation:
    Provided, That such services shall be provided on a competitive basis
    to entities within the Department of Transportation: Provided further,
    That the above limitation on operating expenses shall not apply to non-
    DOT entities: Provided further, That no funds appropriated in this Act
    to an agency of the Department shall be transferred to the Working
    Capital Fund without the approval of the agency modal administrator:
    Provided further, That no assessments may be levied against any
    program, budget activity, subactivity or project funded by this Act
    unless notice of such assessments and the basis therefor are presented
    to the House and Senate Committees on Appropriations and are approved
    by such Committees.

                   minority business resource center program

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

                           minority business outreach

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

                            payments to air carriers

                        (airport and airway trust fund)

                         (including transfer of funds)

        In addition to funds made available from any other source to carry
    out the essential air service program under 49 U.S.C. 41731 through
    41742, $150,000,000, to be derived from the Airport and Airway Trust
    Fund, to remain available until expended: Provided, That, in
    determining between or among carriers competing to provide service to a
    community, the Secretary may consider the relative subsidy requirements
    of the carriers: Provided further, That, if the funds under this
    heading are insufficient to meet the costs of the essential air service
    program in the current fiscal year, the Secretary shall transfer such
    sums as may be necessary to carry out the essential air service program
    from any available amounts appropriated to or directly administered by
    the Office of the Secretary for such fiscal year.

      administrative provisions--office of the secretary of transportation

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

                        Federal Aviation Administration

                                   operations

                        (airport and airway trust fund)

                         (including transfer of funds)

        For necessary expenses of the Federal Aviation Administration, not
    otherwise provided for, including operations and research activities
    related to commercial space transportation, administrative expenses for
    research and development, establishment of air navigation facilities,
    the operation (including leasing) and maintenance of aircraft,
    subsidizing the cost of aeronautical charts and maps sold to the
    public, lease or purchase of passenger motor vehicles for replacement
    only, in addition to amounts made available by Public Law 108-176,
    $9,350,028,000, of which $4,000,000,000 shall be derived from the
    Airport and Airway Trust Fund, of which not to exceed $7,299,299,000
    shall be available for air traffic organization activities; not to
    exceed $1,234,065,000 shall be available for aviation safety
    activities; not to exceed $15,237,000 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 $49,278,000 shall be
    available for information services: Provided, That the Secretary
    utilize not less than $17,084,000 of the funds provided for aviation
    safety activities to pay for staff increases in the Office of Aviation
    Flight Standards and the Office of Aircraft Certification: Provided
    further, That none of the funds provided for increases to the staffs of
    the aviation flight standards and aircraft certification offices shall
    be used for other purposes: Provided further, That not to exceed 2
    percent of any budget activity, except for aviation safety budget
    activity, may be transferred to any budget activity under this heading:
    Provided further, That no transfer may increase or decrease any
    appropriation by more than 2 percent: Provided further, That any
    transfer in excess of 2 percent shall be treated as a reprogramming of
    funds under section 405 of this Act and shall not be available for
    obligation or expenditure except in compliance with the procedures set
    forth in that section: Provided further, That not later than March 31
    of each fiscal year hereafter, the Administrator of the Federal
    Aviation Administration shall transmit to Congress an annual update to
    the report submitted to Congress in December 2004 pursuant to section
    221 of Public Law 108-176: Provided further, That the amount herein
    appropriated shall be reduced by $100,000 for each day after March 31
    that such report has not been submitted to the Congress: Provided
    further, That not later than March 31 of each fiscal year hereafter,
    the Administrator shall transmit to Congress a companion report that
    describes a comprehensive strategy for staffing, hiring, and training
    flight standards and aircraft certification staff in a format similar
    to the one utilized for the controller staffing plan, including stated
    attrition estimates and numerical hiring goals by fiscal year: Provided
    further, That the amount herein appropriated shall be reduced by
    $100,000 per day for each day after March 31 that such report has not
    been submitted to Congress:  Provided further, That funds may be used
    to enter into a grant agreement with a nonprofit standard-setting
    organization to assist in the development of aviation safety standards:
    Provided further, That none of the funds in this Act shall be available
    for new applicants for the second career training program: Provided
    further, That none of the funds in this Act shall be available for the
    Federal Aviation Administration to finalize or implement any regulation
    that would promulgate new aviation user fees not specifically
    authorized by law after the date of the enactment of this Act: Provided
    further, That there may be credited to this appropriation funds
    received from States, counties, municipalities, foreign authorities,
    other public authorities, and private sources, for expenses incurred in
    the provision of agency services, including receipts for the
    maintenance and operation of air navigation facilities, and for
    issuance, renewal or modification of certificates, including airman,
    aircraft, and repair station certificates, or for tests related
    thereto, or for processing major repair or alteration forms: Provided
    further, That of the funds appropriated under this heading, not less
    than $9,500,000 shall be for the contract tower cost-sharing program:
    Provided further, That none of the funds in this Act for aeronautical
    charting and cartography are available for activities conducted by, or
    coordinated through, the Working Capital Fund: Provided further, That
    of the funds available under this heading not to exceed $500,000 shall
    be 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 not to exceed $120,000 shall be provided to that office
    through reimbursement to conduct the annual Enterprise Services Center
    Statement on Auditing Standards 70 audit.

                            facilities and equipment

                        (airport and airway trust fund)

        For necessary expenses, not otherwise provided for, for
    acquisition, establishment, technical support services, improvement by
    contract or purchase, and hire of national airspace systems and
    experimental facilities and equipment, as authorized under part A of
    subtitle VII of title 49, United States Code, including initial
    acquisition of necessary sites by lease or grant; engineering and
    service testing, including construction of test facilities and
    acquisition of necessary sites by lease or grant; construction and
    furnishing of quarters and related accommodations for officers and
    employees of the Federal Aviation Administration stationed at remote
    localities where such accommodations are not available; and the
    purchase, lease, or transfer of aircraft from funds available under
    this heading, including aircraft for aviation regulation and
    certification; to be derived from the Airport and Airway Trust Fund,
    $2,936,203,000, of which $2,466,203,000 shall remain available until
    September 30, 2012, and of which $470,000,000 shall remain available
    until September 30, 2010: Provided, That there may be credited to this
    appropriation funds received from States, counties, municipalities,
    other public authorities, and private sources, for expenses incurred in
    the establishment and modernization of air navigation facilities:
    Provided further, That upon initial submission to the Congress of the
    fiscal year 2011 President's budget, the Secretary of Transportation
    shall transmit to the Congress a comprehensive capital investment plan
    for the Federal Aviation Administration which includes funding for each
    budget line item for fiscal years 2011 through 2015, with total funding
    for each year of the plan constrained to the funding targets for those
    years as estimated and approved by the Office of Management and Budget.

                     research, engineering, and development

                        (airport and airway trust fund)

        For necessary expenses, not otherwise provided for, for research,
    engineering, and development, as authorized under part A of subtitle
    VII of title 49, United States Code, including construction of
    experimental facilities and acquisition of necessary sites by lease or
    grant, $190,500,000, to be derived from the Airport and Airway Trust
    Fund and to remain available until September 30, 2012: Provided, That
    there may be credited to this appropriation as offsetting collections,
    funds received from States, counties, municipalities, other public
    authorities, and private sources, which shall be available for expenses
    incurred for research, engineering, and development.

                           grants-in-aid for airports

                    (liquidation of contract authorization)

                          (limitation on obligations)

                        (airport and airway trust fund)

                         (including transfer of funds)

        For liquidation of obligations incurred for grants-in-aid for
    airport planning and development, and noise compatibility planning and
    programs as authorized under subchapter I of chapter 471 and subchapter
    I of chapter 475 of title 49, United States Code, and under other law
    authorizing such obligations; for procurement, installation, and
    commissioning of runway incursion prevention devices and systems at
    airports of such title; for grants authorized under section 41743 of
    title 49, United States Code; and for inspection activities and
    administration of airport safety programs, including those related to
    airport operating certificates under section 44706 of title 49, United
    States Code, $3,000,000,000 to be derived from the Airport and Airway
    Trust Fund and to remain available until expended: Provided, That none
    of the funds under this heading shall be available for the planning or
    execution of programs the obligations for which are in excess of
    $3,515,000,000 in fiscal year 2010, notwithstanding section 47117(g) of
    title 49, United States Code: Provided further, That none of the funds
    under this heading shall be available for the replacement of baggage
    conveyor systems, reconfiguration of terminal baggage areas, or other
    airport improvements that are necessary to install bulk explosive
    detection systems: Provided further, That notwithstanding any other
    provision of law, of funds limited under this heading, not more than
    $93,422,000 shall be obligated for administration, not less than
    $15,000,000 shall be available for the airport cooperative research
    program, not less than $22,472,000 shall be for Airport Technology
    Research and $6,000,000, to remain available until expended, shall be
    available and transferred to ``Office of the Secretary, Salaries and
    Expenses'' to carry out the Small Community Air Service Development
    Program.

                                  (rescission)

        Of the amounts authorized for the fiscal year ending September 30,
    2009, and prior years under sections 48103 and 48112 of title 49,
    United States Code, $394,000,000 are permanently rescinded.

           administrative provisions--federal aviation administration

        Sec. 110.  None of the funds in this Act may be used to compensate
    in excess of 600 technical staff-years under the federally funded
    research and development center contract between the Federal Aviation
    Administration and the Center for Advanced Aviation Systems Development
    during fiscal year 2010.
        Sec. 111.  None of the funds in this Act shall be used to pursue or
    adopt guidelines or regulations requiring airport sponsors to provide
    to the Federal Aviation Administration without cost building
    construction, maintenance, utilities and expenses, or space in airport
    sponsor-owned buildings for services relating to air traffic control,
    air navigation, or weather reporting: Provided, That the prohibition of
    funds in this section does not apply to negotiations between the agency
    and airport sponsors to achieve agreement on ``below-market'' rates for
    these items or to grant assurances that require airport sponsors to
    provide land without cost to the FAA for air traffic control
    facilities.
        Sec. 112.  The Administrator of the Federal Aviation Administration
    may reimburse amounts made available to satisfy 49 U.S.C. 41742(a)(1)
    from fees credited under 49 U.S.C. 45303: Provided, That during fiscal
    year 2010, 49 U.S.C. 41742(b) shall not apply, and any amount remaining
    in such account at the close of that fiscal year may be made available
    to satisfy section 41742(a)(1) for the subsequent fiscal year.
        Sec. 113.  Amounts collected under section 40113(e) of title 49,
    United States Code, shall be credited to the appropriation current at
    the time of collection, to be merged with and available for the same
    purposes of such appropriation.
        Sec. 114. (a) Section 44302(f)(1) of title 49, United States Code,
    is amended--
            (1) by striking ``September 30, 2009,'' and inserting
        ``September 30, 2010,''; and
            (2) by striking ``December 31, 2009,'' and inserting ``December
        31, 2010,''.
        (b) Section 44303(b) of such title is amended by striking
    ``December 31, 2009,'' and inserting ``December 31, 2010,''.
        Sec. 115.  None of the funds appropriated or limited by this Act
    may be used to change weight restrictions or prior permission rules at
    Teterboro airport in Teterboro, New Jersey.
        Sec. 116.  None of the funds limited by this Act for grants under
    the Airport Improvement Program shall be made available to the sponsor
    of a commercial service airport if such sponsor fails to agree to a
    request from the Secretary of Transportation for cost-free space in a
    non-revenue producing, public use area of the airport terminal or other
    airport facilities for the purpose of carrying out a public service air
    passenger rights and consumer outreach campaign.
        Sec. 117.  None of the funds in this Act shall be available for
    paying premium pay under subsection 5546(a) of title 5, United States
    Code, to any Federal Aviation Administration employee unless such
    employee actually performed work during the time corresponding to such
    premium pay.
        Sec. 118.  None of the funds in this Act may be obligated or
    expended for an employee of the Federal Aviation Administration to
    purchase a store gift card or gift certificate through use of a
    Government-issued credit card.
        Sec. 119.  The Secretary shall apportion to the sponsor of an
    airport that received scheduled or unscheduled air service from a large
    certified air carrier (as defined in part 241 of title 14 Code of
    Federal Regulations, or such other regulations as may be issued by the
    Secretary under the authority of section 41709) an amount equal to the
    minimum apportionment specified in 49 U.S.C. 47114(c), if the Secretary
    determines that airport had more than 10,000 passenger boardings in the
    preceding calendar year, based on data submitted to the Secretary under
    part 241 of title 14, Code of Federal Regulations.

                         Federal Highway Administration

                     limitation on administrative expenses

                         (including transfer of funds)

        Not to exceed $413,533,000, 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 $3,220,000 shall be
    paid from appropriations made available by this Act and transferred to
    the Appalachian Regional Commission in accordance with section 104 of
    title 23, United States Code.

                              federal-aid highways

                          (limitation on obligations)

                              (highway trust fund)

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

                    (liquidation of contract authorization)

                              (highway trust fund)

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

                       surface transportation priorities

        For the necessary expenses of certain highway and surface
    transportation projects, $292,829,000, to remain available until
    expended: Provided, That the amount provided under this heading shall
    be made available for the programs, projects, and activities identified
    under this heading in the explanatory statement accompanying this Act:
    Provided further, That funds provided under this heading, at the
    request of a State, shall be transferred by the Secretary to another
    Federal agency: Provided further, That the Federal share payable on
    account of any program, project, or activity carried out with funds
    provided under this heading shall be 100 percent: Provided further,
    That none of the funds provided under this heading 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.

           administrative provisions--federal highway administration

        Sec. 120. (a) For fiscal year 2010, the Secretary of Transportation
    shall--
            (1) not distribute from the obligation limitation for Federal-
        aid highways amounts authorized for administrative expenses and
        programs by section 104(a) of title 23, United States Code;
        programs funded from the administrative takedown authorized by
        section 104(a)(1) of title 23, United States Code (as in effect on
        the date before the date of enactment of the Safe, Accountable,
        Flexible, Efficient Transportation Equity Act: A Legacy for Users);
        the highway use tax evasion program; and the Bureau of
        Transportation Statistics;
            (2) not distribute an amount from the obligation limitation for
        Federal-aid highways that is equal to the unobligated balance of
        amounts made available from the Highway Trust Fund (other than the
        Mass Transit Account) for Federal-aid highways and highway safety
        programs for previous fiscal years the funds for which are
        allocated by the Secretary;
            (3) determine the ratio that--
                (A) the obligation limitation for Federal-aid highways,
            less the aggregate of amounts not distributed under paragraphs
            (1) and (2), bears to
                (B) the total of the sums authorized to be appropriated for
            Federal-aid highways and highway safety construction programs
            (other than sums authorized to be appropriated for provisions
            of law described in paragraphs (1) through (9) of subsection
            (b) and sums authorized to be appropriated for section 105 of
            title 23, United States Code, equal to the amount referred to
            in subsection (b)(10) for such fiscal year), less the aggregate
            of the amounts not distributed under paragraphs (1) and (2) of
            this subsection;
            (4)(A) distribute the obligation limitation for Federal-aid
        highways, less the aggregate amounts not distributed under
        paragraphs (1) and (2), for sections 1301, 1302, and 1934 of the
        Safe, Accountable, Flexible, Efficient Transportation Equity Act: A
        Legacy for Users; sections 117 (but individually for each project
        numbered 1 through 3676 listed in the table contained in section
        1702 of the Safe, Accountable, Flexible, Efficient Transportation
        Equity Act: A Legacy for Users) and section 144(g) of title 23,
        United States Code; and section 14501 of title 40, United States
        Code, so that the amount of obligation authority available for each
        of such sections is equal to the amount determined by multiplying
        the ratio determined under paragraph (3) by the sums authorized to
        be appropriated for that section for the fiscal year; and
            (B) distribute $2,000,000,000 for section 105 of title 23,
        United States Code;
            (5) distribute the obligation limitation provided for Federal-
        aid highways, less the aggregate amounts not distributed under
        paragraphs (1) and (2) and amounts distributed under paragraph (4),
        for each of the programs that are allocated by the Secretary under
        the Safe, Accountable, Flexible, Efficient Transportation Equity
        Act: A Legacy for Users and title 23, United States Code (other
        than to programs to which paragraphs (1) and (4) apply), by
        multiplying the ratio determined under paragraph (3) by the amounts
        authorized to be appropriated for each such program for such fiscal
        year; and
            (6) distribute the obligation limitation provided for Federal-
        aid highways, less the aggregate amounts not distributed under
        paragraphs (1) and (2) and amounts distributed under paragraphs (4)
        and (5), for Federal-aid highways and highway safety construction
        programs (other than the amounts apportioned for the equity bonus
        program, but only to the extent that the amounts apportioned for
        the equity bonus program for the fiscal year are greater than
        $2,639,000,000, and the Appalachian development highway system
        program) that are apportioned by the Secretary under the Safe,
        Accountable, Flexible, Efficient Transportation Equity Act: A
        Legacy for Users and title 23, United States Code, in the ratio
        that--
                (A) amounts authorized to be appropriated for such programs
            that are apportioned to each State for such fiscal year, bear
            to
                (B) the total of the amounts authorized to be appropriated
            for such programs that are apportioned to all States for such
            fiscal year.
        (b) Exceptions From Obligation Limitation.--The obligation
    limitation for Federal-aid highways shall not apply to obligations: (1)
    under section 125 of title 23, United States Code; (2) under section
    147 of the Surface Transportation Assistance Act of 1978; (3) under
    section 9 of the Federal-Aid Highway Act of 1981; (4) under subsections
    (b) and (j) of section 131 of the Surface Transportation Assistance Act
    of 1982; (5) under subsections (b) and (c) of section 149 of the
    Surface Transportation and Uniform Relocation Assistance Act of 1987;
    (6) under sections 1103 through 1108 of the Intermodal Surface
    Transportation Efficiency Act of 1991; (7) under section 157 of title
    23, United States Code, as in effect on the day before the date of the
    enactment of the Transportation Equity Act for the 21st Century; (8)
    under section 105 of title 23, United States Code, as in effect for
    fiscal years 1998 through 2004, but only in an amount equal to
    $639,000,000 for each of those fiscal years; (9) for Federal-aid
    highway programs for which obligation authority was made available
    under the Transportation Equity Act for the 21st Century or subsequent
    public laws for multiple years or to remain available until used, but
    only to the extent that the obligation authority has not lapsed or been
    used; (10) under section 105 of title 23, United States Code, but only
    in an amount equal to $639,000,000 for each of fiscal years 2005
    through 2010; and (11) under section 1603 of the Safe, Accountable,
    Flexible, Efficient Transportation Equity Act: A Legacy for Users, to
    the extent that funds obligated in accordance with that section were
    not subject to a limitation on obligations at the time at which the
    funds were initially made available for obligation.
        (c) Redistribution of Unused Obligation Authority.--Notwithstanding
    subsection (a), the Secretary shall, after August 1 of such fiscal
    year, revise a distribution of the obligation limitation made available
    under subsection (a) if the amount distributed cannot be obligated
    during that fiscal year and redistribute sufficient amounts to those
    States able to obligate amounts in addition to those previously
    distributed during that fiscal year, giving priority to those States
    having large unobligated balances of funds apportioned under sections
    104 and 144 of title 23, United States Code.
        (d) Applicability of Obligation Limitations to Transportation
    Research Programs.--The obligation limitation shall apply to
    transportation research programs carried out under chapter 5 of title
    23, United States Code, and title V (research title) of the Safe,
    Accountable, Flexible, Efficient Transportation Equity Act: A Legacy
    for Users, except that obligation authority made available for such
    programs under such limitation shall remain available for a period of 3
    fiscal years and shall be in addition to the amount of any limitation
    imposed on obligations for Federal-aid highway and highway safety
    construction programs for future fiscal years.
        (e) Redistribution of Certain Authorized Funds.--
            (1) In general.--Not later than 30 days after the date of the
        distribution of obligation limitation under subsection (a), the
        Secretary shall distribute to the States any funds that--
                (A) are authorized to be appropriated for such fiscal year
            for Federal-aid highways programs; and
                (B) the Secretary determines will not be allocated to the
            States, and will not be available for obligation, in such
            fiscal year due to the imposition of any obligation limitation
            for such fiscal year.
            (2) Ratio.--Funds shall be distributed under paragraph (1) in
        the same ratio as the distribution of obligation authority under
        subsection (a)(6).
            (3) Availability.--Funds distributed under paragraph (1) shall
        be available for any purposes described in section 133(b) of title
        23, United States Code.
        (f) Special Limitation Characteristics.--Obligation limitation
    distributed for a fiscal year under subsection (a)(4) for the provision
    specified in subsection (a)(4) shall--
            (1) remain available until used for obligation of funds for
        that provision; and
            (2) be in addition to the amount of any limitation imposed on
        obligations for Federal-aid highway and highway safety construction
        programs for future fiscal years.
        (g) High Priority Project Flexibility.--
            (1) In general.--Subject to paragraph (2), obligation authority
        distributed for such fiscal year under subsection (a)(4) for each
        project numbered 1 through 3676 listed in the table contained in
        section 1702 of the Safe, Accountable, Flexible, Efficient
        Transportation Equity Act: A Legacy for Users may be obligated for
        any other project in such section in the same State.
            (2) Restoration.--Obligation authority used as described in
        paragraph (1) shall be restored to the original purpose on the date
        on which obligation authority is distributed under this section for
        the next fiscal year following obligation under paragraph (1).
        (h) Limitation on Statutory Construction.--Nothing in this section
    shall be construed to limit the distribution of obligation authority
    under subsection (a)(4)(A) for each of the individual projects numbered
    greater than 3676 listed in the table contained in section 1702 of the
    Safe, Accountable, Flexible, Efficient Transportation Equity Act: A
    Legacy for Users.
        Sec. 121.  Notwithstanding 31 U.S.C. 3302, funds received by the
    Bureau of Transportation Statistics from the sale of data products, for
    necessary expenses incurred pursuant to 49 U.S.C. 111 may be credited
    to the Federal-aid highways account for the purpose of reimbursing the
    Bureau for such expenses: Provided, That such funds shall be subject to
    the obligation limitation for Federal-aid highways and highway safety
    construction.
        Sec. 122.  There is hereby appropriated to the Secretary of
    Transportation $650,000,000, to remain available through September 30,
    2012: Provided, That the funds provided under this section shall be
    apportioned to the States in the same ratio as the obligation
    limitation for fiscal year 2010 is distributed among the States in
    section 120(a)(6) of this Act, and made available for the restoration,
    repair, construction, and other activities eligible under paragraph (b)
    of section 133 of title 23, United States Code: Provided further, That
    funds apportioned under this section shall be administered as if
    apportioned under chapter 1 of title 23, United States Code: Provided
    further, That the Federal share payable on account of any project or
    activity carried out with funds apportioned under this section shall be
    80 percent: Provided further, That funding provided under this section
    shall be in addition to any and all funds provided for fiscal year 2010
    in this or any other Act for ``Federal-aid Highways'' and shall not
    affect the distribution of funds provided for ``Federal-aid Highways''
    in any other Act: Provided further, That the amounts made available
    under this section shall not be subject to any limitation on
    obligations for Federal-aid highways or highway safety construction
    programs set forth in any Act: Provided further, That section 1101(b)
    of Public Law 109-59 shall apply to funds apportioned under this
    section.
        Sec. 123.  Not less than 15 days prior to waiving, under his
    statutory authority, any Buy America requirement for Federal-aid
    highway projects, the Secretary of Transportation shall make an
    informal public notice and comment opportunity on the intent to issue
    such waiver and the reasons therefor: Provided, That the Secretary
    shall provide an annual report to the Appropriations Committees of the
    Congress on any waivers granted under the Buy America requirements.
        Sec. 124. (a) In General.--Except as provided in subsection (b),
    none of the funds made available, limited, or otherwise affected by
    this Act shall be used to approve or otherwise authorize the imposition
    of any toll on any segment of highway located on the Federal-aid system
    in the State of Texas that--
            (1) as of the date of enactment of this Act, is not tolled;
            (2) is constructed with Federal assistance provided under title
        23, United States Code; and
            (3) is in actual operation as of the date of enactment of this
        Act.
        (b) Exceptions.--
            (1) Number of toll lanes.--Subsection (a) shall not apply to
        any segment of highway on the Federal-aid system described in that
        subsection that, as of the date on which a toll is imposed on the
        segment, will have the same number of non-toll lanes as were in
        existence prior to that date.
            (2) High-occupancy vehicle lanes.--A high-occupancy vehicle
        lane that is converted to a toll lane shall not be subject to this
        section, and shall not be considered to be a non-toll lane for
        purposes of determining whether a highway will have fewer non-toll
        lanes than prior to the date of imposition of the toll, if--
                (A) high-occupancy vehicles occupied by the number of
            passengers specified by the entity operating the toll lane may
            use the toll lane without paying a toll, unless otherwise
            specified by the appropriate county, town, municipal or other
            local government entity, or public toll road or transit
            authority; or
                (B) each high-occupancy vehicle lane that was converted to
            a toll lane was constructed as a temporary lane to be replaced
            by a toll lane under a plan approved by the appropriate county,
            town, municipal or other local government entity, or public
            toll road or transit authority.
        Sec. 125. (a) In the explanatory statement referenced in section
    129 of division K of Public Law 110-161 (121 Stat. 2388), the item
    relating to ``Route 5 Overpass and River Center, St. Mary's County,
    MD'' in the table of projects for such section 129 is deemed to be
    amended by striking ``Route 5 Overpass and River Center, St. Mary's
    County, MD'' and inserting ``Safety Improvements and Traffic Calming
    Measures along Route 5 at St. Mary's County, MD''.
        (b) In the explanatory statement referenced in section 186 of title
    I of division I of Public Law 111-8 (123 Stat. 947), the item relating
    to ``US 422 River Crossing Complex Project, King of Prussia, PA'' in
    the table of projects under the heading ``Transportation, Community,
    and System Preservation Program'' is deemed to be amended by striking
    ``US 422 River Crossing Complex Project, King of Prussia, PA'' and
    inserting ``For closed loop signal control system and other
    improvements for Trooper Road in Lower Providence and West Norriton
    Townships, Montgomery County, PA''.
        (c) In the explanatory statement referenced in section 186 of title
    I of division I of Public Law 111-8 (123 Stat. 947), the item relating
    to ``Improving the West Bank River Front, IL'' in the table of projects
    under the heading ``Transportation, Community, and System Preservation
    Program'' is deemed to be amended by striking ``Improving the West Bank
    River Front, IL'' and inserting ``East Bank River Front and Bikeway
    Improvements, IL''.
        (d) In the explanatory statement referenced in section 186 of title
    I of division K of Public Law 110-161 (121 Stat. 2406), as amended by
    section 129(d) of division I of Public Law 111-8 (123 Stat. 947), the
    item relating to ``Repair of Side Streets and Relocation of Water Mains
    resulting from rerouting of traffic and reconstruction of 159th Street
    in Harvey, IL'' in the table of projects under the heading
    ``Transportation, Community, and System Preservation Program'' is
    deemed to be amended by striking ``Repair of Side Streets and
    Relocation of Water Mains resulting from rerouting of traffic and
    reconstruction of 159th Street in Harvey, IL'' and inserting
    ``Intersection Improvements on Crawford Avenue and 203rd Street in the
    Village of Olympia Fields, IL''.
        (e) In the explanatory statement referenced in section 129 of
    division K of Public Law 110-161 (121 Stat. 2388), the item relating to
    ``Study Improvements to 109th Avenue, Winfield, IN'' in the table of
    projects for such section 129 is deemed to be amended by striking
    ``Winfield, IN'' and inserting ``Town of Winfield, City of Crown Point,
    Lake County, IN''.
        (f) In the explanatory statement referenced in section 186 of title
    I of division I of Public Law 111-8 (123 Stat. 947), the item relating
    to ``Ronald Reagan Parkway (Middle and Southern segments), Boone
    County, IN'' in the table of projects under the heading
    ``Transportation, Community, and System Preservation Program'' is
    deemed to be amended by striking ``Boone County'' and inserting
    ``Hendricks County''.
        (g) In the explanatory statement referenced in section 186 of title
    I of division I of Public Law 111-8 (123 Stat. 947), the item relating
    to ``Onville Road Intersection and Road-Widening Project, Prince
    William County, VA'' in the table of projects under the heading
    ``Federal Lands'' is deemed to be amended by striking ``Prince
    William'' and inserting ``Stafford''.
        (h) In the explanatory statement referenced in section 186 of title
    I of division I of Public Law 111-8 (123 Stat. 947), the item relating
    to ``U.S. 59/Alabama Grade Separation Project, St. Joseph, MO'' in the
    table of projects under the heading ``Interstate Maintenance
    Discretionary'' is deemed to be amended by striking ``U.S. 59/Alabama
    Grade Separation Project, St. Joseph, MO'' and inserting ``I-29
    Interchange Reconstruction in St. Joseph, MO''.
        (i) In the explanatory statement referenced in section 186 of title
    I of division I of Public Law 111-8 (123 Stat. 947), the item relating
    to ``Decking and Sidewalk Replacement on the Central Avenue Overpass,
    South Charleston, WV'' in the table of projects under the heading
    ``Interstate Maintenance Discretionary'' is deemed to be amended by
    striking ``Decking and Sidewalk Replacement on the Central Avenue
    Overpass, South Charleston, WV'' and inserting ``General Interstate
    Maintenance, WV''.
        (j) In the explanatory statement referenced in section 125 of title
    I of division I of Public Law 111-8 (123 Stat. 928), the item relating
    to ``Wapsi Great Western Line Trail, Mitchell County, IA'' is deemed to
    be amended by striking ``Mitchell County'' and inserting ``Mitchell and
    Howard Counties''.
        (k) In the explanatory statement referenced in section 125 of title
    I of division I of Public Law 111-8 (123 Stat. 928), the item relating
    to ``Highway 169 Corridor Project Environmental Assessment, Preliminary
    Engineering and Planning, Humboldt, IA'' is deemed to be amended by
    striking ``Corridor Project Environmental Assessment, Preliminary
    Engineering and Planning, Humboldt, IA'' and inserting ``Construction,
    Humboldt and Webster Counties, IA''.
        (l) In the explanatory statement referenced in section 125 of title
    I of division I of Public Law 111-8 (123 Stat. 928), the item relating
    to ``Highway 53 Interchanges, WI'' is deemed to be amended by striking
    ``Interchanges'' and inserting ``Intersections''.
        Sec. 126.  Item 4866A in the table contained in section 1702 of the
    Safe, Accountable, Flexible, Efficient Transportation Equity Act: A
    Legacy for Users (Public Law 109-59) is amended by striking ``Repair
    and restore'' and inserting ``Removal of and enhancements around''.
        Sec. 127.  Item 3923 in the table contained in section 1702 of the
    Safe, Accountable, Flexible, Efficient Transportation Equity Act: A
    Legacy for Users (Public Law 109-59) is amended by striking ``to 4
    lanes from I-10 to West U.S. 90''.
        Sec. 128.  Funds made available for ``Brentwood Boulevard/SR 4
    Improvements, Brentwood, CA'' under section 129 of Public Law 110-161
    shall be made available for ``John Muir Parkway Project, Brentwood,
    CA''.
        Sec. 129.  The table contained in section 1702 of the Safe,
    Accountable, Flexible, Efficient Transportation Equity Act: A Legacy
    for Users (119 Stat. 1256) is amended in item number 3138 by striking
    the project description and inserting ``Elimination of highway-railway
    crossings and rehabilitation of rail along the KO railroad to
    Osborne''.
        Sec. 130.  Funds made available for ``City of Tuscaloosa Downtown
    Revitalization Project--University Blvd and Greensboro Avenue, AL''
    under section 125 of Public Law 111-8 shall be made available for
    ``City of Tuscaloosa Downtown Revitalization Project--University
    Blvd''.
        Sec. 131.  The table contained in section 1702 of the Safe,
    Accountable, Flexible, Efficient Transportation Equity Act: A Legacy
    for Users (119 Stat. 1256) is amended by striking the project
    description for item number 4573 and inserting the following: ``Design
    and construct interchange on I-15 in Mesquite''.

                  Federal Motor Carrier Safety Administration

                  motor carrier safety operations and programs

                    (liquidation of contract authorization)

                          (limitation on obligations)

                              (highway trust fund)

        For payment of obligations incurred in the implementation,
    execution and administration of motor carrier safety operations and
    programs pursuant to section 31104(i) of title 49, United States Code,
    and sections 4127 and 4134 of Public Law 109-59, $239,828,000, to be
    derived from the Highway Trust Fund (other than the Mass Transit
    Account), together with advances and reimbursements received by the
    Federal Motor Carrier Safety Administration, the sum of which shall
    remain available until expended: Provided, That none of the funds
    derived from the Highway Trust Fund in this Act shall be available for
    the implementation, execution or administration of programs, the
    obligations for which are in excess of $239,828,000, for ``Motor
    Carrier Safety Operations and Programs'' of which $8,543,000, to remain
    available for obligation until September 30, 2012, is for the research
    and technology program and $1,000,000 shall be available for commercial
    motor vehicle operator's grants to carry out section 4134 of Public Law
    109-59: Provided further, That notwithstanding any other provision of
    law, none of the funds under this heading for outreach and education
    shall be available for transfer: Provided further, That the Federal
    Motor Carrier Safety Administration shall transmit to Congress a report
    on March 30, 2010, and September 30, 2010, on the agency's ability to
    meet its requirement to conduct compliance reviews on high-risk
    carriers.

                          motor carrier safety grants

                    (liquidation of contract authorization)

                          (limitation on obligations)

                              (highway trust fund)

                             (including rescission)

        For payment of obligations incurred in carrying out sections 31102,
    31104(a), 31106, 31107, 31109, 31309, 31313 of title 49, United States
    Code, and sections 4126 and 4128 of Public Law 109-59, $310,070,000, to
    be derived from the Highway Trust Fund (other than the Mass Transit
    Account) and to remain available until expended: Provided, That none of
    the funds in this Act shall be available for the implementation or
    execution of programs, the obligations for which are in excess of
    $310,070,000, for ``Motor Carrier Safety Grants''; of which
    $212,070,000 shall be available for the motor carrier safety assistance
    program to carry out sections 31102 and 31104(a) of title 49, United
    States Code; $25,000,000 shall be available for the commercial driver's
    license improvements program to carry out section 31313 of title 49,
    United States Code; $32,000,000 shall be available for the border
    enforcement grants program to carry out section 31107 of title 49,
    United States Code; $5,000,000 shall be available for the performance
    and registration information system management program to carry out
    sections 31106(b) and 31109 of title 49, United States Code;
    $25,000,000 shall be available for the commercial vehicle information
    systems and networks deployment program to carry out section 4126 of
    Public Law 109-59; $3,000,000 shall be available for the safety data
    improvement program to carry out section 4128 of Public Law 109-59; and
    $8,000,000 shall be available for the commercial driver's license
    information system modernization program to carry out section 31309(e)
    of title 49, United States Code: Provided further, That of the funds
    made available for the motor carrier safety assistance program,
    $29,000,000 shall be available for audits of new entrant motor
    carriers: Provided further, That $1,610,661 in unobligated balances are
    permanently rescinded.

                              motor carrier safety

                              (highway trust fund)

                                  (rescission)

        Of the amounts made available under this heading in prior
    appropriations Acts, $6,415,501 in unobligated balances are permanently
    rescinded.

                     national motor carrier safety program

                              (highway trust fund)

                                  (rescission)

        Of the amounts made available under this heading in prior
    appropriations Acts, $3,232,639 in unobligated balances are permanently
    rescinded.

     administrative provision--federal motor carrier safety administration

        Sec. 135.  Funds appropriated or limited in this Act shall be
    subject to the terms and conditions stipulated in section 350 of Public
    Law 107-87 and section 6901 of Public Law 110-28, including that the
    Secretary submit a report to the House and Senate Appropriations
    Committees annually on the safety and security of transportation into
    the United States by Mexico-domiciled motor carriers.

                 National Highway Traffic Safety Administration

                            operations and research

        For expenses necessary to discharge the functions of the Secretary,
    with respect to traffic and highway safety under subtitle C of title X
    of Public Law 109-59 and chapter 301 and part C of subtitle VI of title
    49, United States Code, $140,427,000, of which $35,543,000 shall remain
    available through September 30, 2011: Provided, That none of the funds
    appropriated by this Act may be obligated or expended to plan,
    finalize, or implement any rulemaking to add to section 575.104 of
    title 49 of the Code of Federal Regulations any requirement pertaining
    to a grading standard that is different from the three grading
    standards (treadwear, traction, and temperature resistance) already in
    effect.

                            operations and research

                    (liquidation of contract authorization)

                          (limitation on obligations)

                              (highway trust fund)

        For payment of obligations incurred in carrying out the provisions
    of 23 U.S.C. 403, $105,500,000 to be derived from the Highway Trust
    Fund (other than the Mass Transit Account) and to remain available
    until expended: Provided, That none of the funds in this Act shall be
    available for the planning or execution of programs the total
    obligations for which, in fiscal year 2010, are in excess of
    $105,500,000 for programs authorized under 23 U.S.C. 403: Provided
    further, That within the $105,500,000 obligation limitation for
    operations and research, $26,908,000 shall remain available until
    September 30, 2011 and shall be in addition to the amount of any
    limitation imposed on obligations for future years.

                            national driver register

                    (liquidation of contract authorization)

                          (limitation on obligations)

                              (highway trust fund)

        For payment of obligations incurred in carrying out chapter 303 of
    title 49, United States Code, $4,000,000, to be derived from the
    Highway Trust Fund (other than the Mass Transit Account) and to remain
    available until expended: Provided, That none of the funds in this Act
    shall be available for the implementation or execution of programs the
    total obligations for which, in fiscal year 2010, are in excess of
    $4,000,000 for the National Driver Register authorized under such
    chapter.

                     national driver register modernization

        For an additional amount for the ``National Driver Register'' as
    authorized by chapter 303 of title 49, United States Code, $3,350,000,
    to remain available through September 30, 2011: Provided, That the
    funding made available under this heading shall be used to carry out
    the modernization of the National Driver Register.

                         highway traffic safety grants

                    (liquidation of contract authorization)

                          (limitation on obligations)

                              (highway trust fund)

        For payment of obligations incurred in carrying out the provisions
    of 23 U.S.C. 402, 405, 406, 408, and 410 and sections 2001(a)(11),
    2009, 2010, and 2011 of Public Law 109-59, to remain available until
    expended, $619,500,000 to be derived from the Highway Trust Fund (other
    than the Mass Transit Account): Provided, That none of the funds in
    this Act shall be available for the planning or execution of programs
    the total obligations for which, in fiscal year 2010, are in excess of
    $619,500,000 for programs authorized under 23 U.S.C. 402, 405, 406,
    408, and 410 and sections 2001(a)(11), 2009, 2010, and 2011 of Public
    Law 109-59, of which $235,000,000 shall be for ``Highway Safety
    Programs'' under 23 U.S.C. 402; $25,000,000 shall be for ``Occupant
    Protection Incentive Grants'' under 23 U.S.C. 405; $124,500,000 shall
    be for ``Safety Belt Performance Grants'' under 23 U.S.C. 406, and such
    obligation limitation shall remain available until September 30, 2011
    in accordance with subsection (f) of such section 406 and shall be in
    addition to the amount of any limitation imposed on obligations for
    such grants for future fiscal years; $34,500,000 shall be for ``State
    Traffic Safety Information System Improvements'' under 23 U.S.C. 408;
    $139,000,000 shall be for ``Alcohol-Impaired Driving Countermeasures
    Incentive Grant Program'' under 23 U.S.C. 410; $18,500,000 shall be for
    ``Administrative Expenses'' under section 2001(a)(11) of Public Law
    109-59; $29,000,000 shall be for ``High Visibility Enforcement
    Program'' under section 2009 of Public Law 109-59; $7,000,000 shall be
    for ``Motorcyclist Safety'' under section 2010 of Public Law 109-59;
    and $7,000,000 shall be for ``Child Safety and Child Booster Seat
    Safety Incentive Grants'' under section 2011 of Public Law 109-59:
    Provided further, That none of these funds shall be used for
    construction, rehabilitation, or remodeling costs, or for office
    furnishings and fixtures for State, local or private buildings or
    structures: Provided further, That not to exceed $500,000 of the funds
    made available for section 410 ``Alcohol-Impaired Driving
    Countermeasures Grants'' shall be available for technical assistance to
    the States: Provided further, That not to exceed $750,000 of the funds
    made available for the ``High Visibility Enforcement Program'' shall be
    available for the evaluation required under section 2009(f) of Public
    Law 109-59.

          administrative provisions--national highway traffic safety
                                 administration

                            (including rescissions)

        Sec. 140.  Notwithstanding any other provision of law or limitation
    on the use of funds made available under section 403 of title 23,
    United States Code, an additional $130,000 shall be made available to
    the National Highway Traffic Safety Administration, out of the amount
    limited for section 402 of title 23, United States Code, to pay for
    travel and related expenses for State management reviews and to pay for
    core competency development training and related expenses for highway
    safety staff.
        Sec. 141.  The limitations on obligations for the programs of the
    National Highway Traffic Safety Administration set in this Act shall
    not apply to obligations for which obligation authority was made
    available in previous public laws for multiple years but only to the
    extent that the obligation authority has not lapsed or been used.
        Sec. 142.  Of the amounts made available under the heading
    ``Operations and Research (Liquidation of Contract Authorization)
    (Limitation on Obligations) (Highway Trust Fund)'' in prior
    appropriations Acts, $2,299,000 in unobligated balances are permanently
    rescinded.
        Sec. 143.  Of the amounts made available under the heading
    ``Highway Traffic Safety Grants (Liquidation of Contract Authorization)
    (Limitation on Obligations) (Highway Trust Fund)'' in prior
    appropriations Acts, $14,004,000 in unobligated balances are
    permanently rescinded.

                        Federal Railroad Administration

                             safety and operations

        For necessary expenses of the Federal Railroad Administration, not
    otherwise provided for, $172,270,000, of which $12,300,000 shall remain
    available until expended.

                       railroad research and development

        For necessary expenses for railroad research and development,
    $37,613,000, to remain available until expended.

           railroad rehabilitation and improvement financing program

        The Secretary of Transportation is authorized to issue to the
    Secretary of the Treasury notes or other obligations pursuant to
    section 512 of the Railroad Revitalization and Regulatory Reform Act of
    1976 (Public Law 94-210), as amended, in such amounts and at such times
    as may be necessary to pay any amounts required pursuant to the
    guarantee of the principal amount of obligations under sections 511
    through 513 of such Act, such authority to exist as long as any such
    guaranteed obligation is outstanding: Provided, That pursuant to
    section 502 of such Act, as amended, no new direct loans or loan
    guarantee commitments shall be made using Federal funds for the credit
    risk premium during fiscal year 2010.

                  rail line relocation and improvement program

        For necessary expenses of carrying out section 20154 of title 49,
    United States Code, $34,532,000, to remain available until expended.

                       railroad safety technology program

        For necessary expenses of carrying out section 20158 of title 49,
    United States Code, $50,000,000, to remain available until expended:
    Provided, That to be eligible for assistance under this heading, an
    entity need not have developed plans required under subsection
    20156(e)(2) of title 49, United States Code, and section 20157 of such
    title.

        capital assistance for high speed rail corridors and intercity
                             passenger rail service

        To enable the Secretary of Transportation to make grants for high-
    speed rail projects as authorized under section 26106 of title 49,
    United States Code, capital investment grants to support intercity
    passenger rail service as authorized under section 24406 of title 49,
    United States Code, and congestion grants as authorized under section
    24105 of title 49, United States Code, and to enter into cooperative
    agreements for these purposes as authorized, $2,500,000,000, to remain
    available until expended: Provided, That $50,000,000 of funds provided
    under this paragraph are available to the Administrator of the Federal
    Railroad Administration to fund the award and oversight by the
    Administrator of grants and cooperative agreements for intercity and
    high-speed rail: Provided further, That up to $30,000,000 of the funds
    provided under this paragraph are available to the Administrator for
    the purposes of conducting research and demonstrating technologies
    supporting the development of high-speed rail in the United States,
    including the demonstration of next-generation rolling stock fleet
    technology and the implementation of the Rail Cooperative Research
    Program authorized by section 24910 of title 49, United States Code:
    Provided further, That up to $50,000,000 of the funds provided under
    this paragraph may be used for planning activities that lead directly
    to the development of a passenger rail corridor investment plan
    consistent with the requirements established by the Administrator or a
    state rail plan consistent with chapter 227 of title 49, United States
    Code: Provided further, That the Secretary may retain a portion of the
    funds made available for planning activities under the previous proviso
    to facilitate the preparation of a service development plan and related
    environmental impact statement for high-speed corridors located in
    multiple States: Provided further, That the Secretary shall issue
    interim guidance to applicants covering application procedures and
    administer the grants provided under this heading pursuant to that
    guidance until final regulations are issued: Provided further, That not
    less than 85 percent of the funds provided under this heading shall be
    for cooperative agreements that lead to the development of entire
    segments or phases of intercity or high-speed rail corridors: Provided
    further, That the Secretary shall submit to Congress the national rail
    plan required by section 103(j) of title 49, United States Code, no
    later than September 15, 2010: Provided further, That at least 30 days
    prior to issuing a letter of intent or cooperative agreement pursuant
    to Section 24402(f) of title 49, United States Code, for a major
    corridor development program, the Secretary shall provide to the House
    and Senate Committees on Appropriations written notification consisting
    of a business and public investment case for the proposed corridor
    program which shall include: a comprehensive analysis of the monetary
    and non-monetary costs and benefits of the corridor development
    program; an assessment of ridership, passenger travel time reductions,
    congestion relief benefits, environmental benefits, economic benefits,
    and other public benefits; operating financial forecasts for the
    program; a full capital cost estimation for the entire project,
    including the amount, source and security of non-Federal funds to
    complete the project; a summary of the grants management plan and an
    evaluation of the grantee's ability to sustain the project: Provided
    further, That the Federal share payable of the costs for which a grant
    or cooperative agreements is made under this heading shall not exceed
    80 percent: Provided further, That in addition to the provisions of
    title 49, United States Code, that apply to each of the individual
    programs funded under this heading, subsections 24402(a)(2), 24402(f),
    24402(i), and 24403(a) and (c) of title 49, United States Code, shall
    also apply to the provision of funds provided under this heading:
    Provided further, That a project need not be in a State rail plan
    developed under Chapter 227 of title 49, United States Code, to be
    eligible for assistance under this heading: Provided further, That
    recipients of grants under this paragraph shall conduct all procurement
    transactions using such grant funds in a manner that provides full and
    open competition, as determined by the Secretary, in compliance with
    existing labor agreements.

        operating grants to the national railroad passenger corporation

        To enable the Secretary of Transportation to make quarterly grants
    to the National Railroad Passenger Corporation for the operation of
    intercity passenger rail, as authorized by section 101 of the Passenger
    Rail Investment and Improvement Act of 2008 (division B of Public Law
    110-432), $563,000,000, to remain available until expended: Provided,
    That the Secretary shall not make the grants for the third and fourth
    quarter of the fiscal year available to the Corporation until an
    Inspector General who is a member of the Council of the Inspectors
    General on Integrity and Efficiency determines that the Corporation and
    the Corporation's Inspector General have agreed upon a set of policies
    and procedures for interacting with each other that are consistent with
    the letter and the spirit of the Inspector General Act of 1978, as
    amended: Provided further, That 1 year after such determination is
    made, the Council of the Inspectors General on Integrity and Efficiency
    shall appoint another member to evaluate the current operational
    independence of the Amtrak Inspector General: Provided further, That
    the Corporation shall reimburse each Inspector General for all costs
    incurred in conducting the determination and the evaluation required by
    the preceding two provisos: Provided further, That the amounts
    available under this paragraph shall be available for the Secretary to
    approve funding to cover operating losses for the Corporation only
    after receiving and reviewing a grant request for each specific train
    route: Provided further, That each such grant request shall be
    accompanied by a detailed financial analysis, revenue projection, and
    capital expenditure projection justifying the Federal support to the
    Secretary's satisfaction: Provided further, That not later than 60 days
    after enactment of this Act, the Corporation shall transmit to the
    Secretary, the Inspector General of the Department of Transportation,
    and the House and Senate Committees on Appropriations a plan to achieve
    savings through operating efficiencies including, but not limited to,
    modifications to food and beverage service and first class service:
    Provided further, That the Inspector General of the Department of
    Transportation shall provide semiannual reports to the House and Senate
    Committees on Appropriations on the estimated savings accrued as a
    result of all operational reforms instituted by the Corporation and
    estimations of possible future savings: Provided further, That not
    later than 60 days after enactment of this Act, the Corporation shall
    transmit, in electronic format, to the Secretary, the Inspector General
    of Department of Transportation, the House and Senate Committees on
    Appropriations, the House Committee on Transportation and
    Infrastructure and the Senate Committee on Commerce, Science, and
    Transportation the annual budget and business plan and the 5-Year
    Financial Plan for fiscal year 2010 required under section 204 of the
    Passenger Rail Investment and Improvement Act of 2008: Provided
    further, That the budget, business plan, and the 5-Year Financial Plan
    shall also include a separate accounting of ridership, revenues, and
    capital and operating expenses for the Northeast Corridor; commuter
    service; long-distance Amtrak service; State-supported service; each
    intercity train route, including Autotrain; and commercial activities
    including contract operations: Provided further, That the budget,
    business plan and the 5-Year Financial Plan shall include a description
    of work to be funded, along with cost estimates and an estimated
    timetable for completion of the projects covered by these plans:
    Provided further, That the Corporation shall provide semiannual reports
    in electronic format regarding the pending business plan, which shall
    describe the work completed to date, any changes to the business plan,
    and the reasons for such changes, and shall identify all sole source
    contract awards which shall be accompanied by a justification as to why
    said contract was awarded on a sole-source basis, as well as progress
    against the milestones and target dates of the 2009 performance
    improvement plan: Provided further, That the Corporation's budget,
    business plan, 5-Year Financial Plan, and all subsequent supplemental
    plans shall be displayed on the Corporation's website within a
    reasonable timeframe following their submission to the appropriate
    entities: Provided further, That these plans shall be accompanied by a
    comprehensive fleet plan for all Amtrak rolling stock which shall
    address the Corporation's detailed plans and timeframes for the
    maintenance, refurbishment, replacement, and expansion of the Amtrak
    fleet: Provided further, That said fleet plan shall establish year-
    specific goals and milestones and discuss potential, current, and
    preferred financing options for all such activities: Provided further,
    That none of the funds under this heading may be obligated or expended
    until the Corporation agrees to continue abiding by the provisions of
    paragraphs 1, 2, 5, 9, and 11 of the summary of conditions for the
    direct loan agreement of June 28, 2002, in the same manner as in effect
    on the date of enactment of this Act: Provided further, That concurrent
    with the President's budget request for fiscal year 2011, the
    Corporation shall submit to the House and Senate Committees on
    Appropriations a budget request for fiscal year 2011 in similar format
    and substance to those submitted by executive agencies of the Federal
    Government.

      capital and debt service grants to the national railroad passenger
                                  corporation

        To enable the Secretary of Transportation to make grants to the
    National Railroad Passenger Corporation for capital investments as
    authorized by section 101(c) of the Passenger Rail Investment and
    Improvement Act of 2008 (division B of Public Law 110-432),
    $1,001,625,000, to remain available until expended, of which not to
    exceed $264,000,000 shall be for debt service obligations as authorized
    by section 102 of such Act: Provided, That grants after an initial
    allocation of $200,000,000 shall be provided to the Corporation only on
    a reimbursable basis: Provided further, That the Secretary may retain
    up to one-half of 1 percent of the funds provided under this heading to
    fund the costs of project management oversight of capital projects
    funded by grants provided under this heading, as authorized by
    subsection 101(d) of division B of Public Law 110-432: Provided
    further, That the Secretary shall approve funding for capital
    expenditures, including advance purchase orders of materials, for the
    Corporation only after receiving and reviewing a grant request for each
    specific capital project justifying the Federal support to the
    Secretary's satisfaction: Provided further, That none of the funds
    under this heading may be used to subsidize operating losses of the
    Corporation: Provided further, That none of the funds under this
    heading may be used for capital projects not approved by the Secretary
    of Transportation or on the Corporation's fiscal year 2010 business
    plan: Provided further, That in addition to the project management
    oversight funds authorized under section 101(d) of of division B of
    Public Law 110-432, the Secretary may retain up to an additional one-
    half of one percent of the funds provided under this heading to fund
    expenses associated with implementing section 212 of of division B of
    Public Law 110-432, including the amendments made by section 212 to
    section 24905 of title 49, United States Code.

           administrative provisions--federal railroad administration

        Sec. 151.  The Secretary may purchase promotional items of nominal
    value for use in public outreach activities to accomplish the purposes
    of 49 U.S.C. 20134: Provided, That the Secretary shall prescribe
    guidelines for the administration of such purchases and use.
        Sec. 152.  Hereafter, notwithstanding any other provision of law,
    funds provided in this Act for the National Railroad Passenger
    Corporation shall immediately cease to be available to said Corporation
    in the event that the Corporation contracts to have services provided
    at or from any location outside the United States. For purposes of this
    section, the word ``services'' shall mean any service that was, as of
    July 1, 2006, performed by a full-time or part-time Amtrak employee
    whose base of employment is located within the United States.
        Sec. 153.  The Secretary of Transportation may receive and expend
    cash, or receive and utilize spare parts and similar items, from non-
    United States Government sources to repair damages to or replace United
    States Government owned automated track inspection cars and equipment
    as a result of third party liability for such damages, and any amounts
    collected under this section shall be credited directly to the Safety
    and Operations account of the Federal Railroad Administration, and
    shall remain available until expended for the repair, operation and
    maintenance of automated track inspection cars and equipment in
    connection with the automated track inspection program.
        Sec. 154.  The Administrator of the Federal Railroad Administration
    shall submit a report on April 1, 2010, 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.
        Sec. 155.  In the Explanatory Statement referenced in division I of
    Public Law 111-8 under the heading Railroad Research and Development
    the item relating to ``San Gabriel trench grade separation project,
    Alameda Corridor, CA'' is deemed to be amended by inserting ``Alameda
    Corridor East Construction Authority Grade Separations, CA.''.
        Sec. 156.  In the Explanatory Statement referenced in division K of
    Public Law 110-161 under the heading Rail Line Relocation and
    Improvement Program the item relating to ``Mt. Vernon railroad cut,
    NY'' is deemed to be amended by inserting ``Rail Line and Station
    Improvement and Rehabilitation, Mount Vernon, NY.''.
        Sec. 157.  Notwithstanding any other provision of law, funds
    provided in Public Law 111-8 for ``Lincoln Avenue Grade Separation,
    Port of Tacoma, Washington'' shall be made available for this project
    as therein described.
        Sec. 158.  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 rail operations and/or combined freight and
    passenger rail operations within the city of Springfield.
        Sec. 159. (a) Amtrak Security Evaluation.--No later than 180 days
    after the enactment of this Act, Amtrak, in consultation with the
    Assistant Secretary of Homeland Security (Transportation Security
    Administration), shall submit a report to Congress that contains--
        (1) a comprehensive, system-wide, security evaluation; and
        (2) proposed guidance and procedures necessary to implement a new
    checked firearms program.
        (b) Developement and Implementation of Guidance and Procedures.--
        (1) In General.--Not later than one year after the enactment of
    this Act, Amtrak, in consultation with the Assistant Secretary, shall
    develop and implement guidance and procedures to carry out the duties
    and responsibilities of firearm storage and carriage in checked baggage
    cars and at Amtrak stations that accept checked baggage.
        (2) Scope.--The guidance and procedures developed under paragraph
    (1) shall--
            (A) permit Amtrak passengers holding a ticket for a specific
        Amtrak route to place an unloaded firearm or starter pistol in a
        checked bag on such route if--
                (i) the Amtrak station accepts checked baggage for such
            route;
                (ii) the passenger declares to Amtrak, either orally or in
            writing, at the time the reservation is made or not later than
            24 hours before departure, that the firearm will be placed in
            his or her bag and will be unloaded;
                (iii) the firearm is in a hard-sided container;
                (iv) such container is locked; and
                (v) only the passenger has the key or combination for such
            container;
            (B) permit Amtrak passengers holding a ticket for a specific
        Amtrak route to place small arms ammunition for personal use in a
        checked bag on such route if the ammunition is securely packed--
                (i) in fiber, wood, or metal boxes; or
                (ii) in other packaging specifically designed to carry
            small amounts of ammunition; and
            (C) include any other measures needed to ensure the safety and
        security of Amtrak employees, passengers, and infrastructure,
        including--
                (i) in fiber, wood, or metal boxes; or
                (ii) in other packaging specifically designed to carry
            small amounts of ammunition; and
        (c) Definitions.--
        (1) For purposes of this section, the term ``checked baggage''
    refers to baggage transported that is accessible only to select Amtrak
    employees.

                         Federal Transit Administration

                            administrative expenses

        For necessary administrative expenses of the Federal Transit
    Administration's programs authorized by chapter 53 of title 49, United
    States Code, $98,911,000: Provided, That of the funds available under
    this heading, not to exceed $1,809,000 shall be available for travel:
    Provided further, That none of the funds provided or limited in this
    Act may be used to create a permanent office of transit security under
    this heading: Provided further, That of the amounts made available
    under this heading not to exceed $75,000 shall be paid from
    appropriations made available by this Act and provided to the
    Department of Transportation Office of Inspector General through
    reimbursement to conduct the annual audits of financial statements in
    accordance with section 3521 of title 31, United States Code: Provided
    further, That upon submission to the Congress of the fiscal year 2011
    President's budget, the Secretary of Transportation shall transmit to
    Congress the annual report on new starts, including proposed
    allocations of funds for fiscal year 2011.

                             formula and bus grants

                      (liquidation of contract authority)

                          (limitation on obligations)

                              (highway trust fund)

        For payment of obligations incurred in carrying out the provisions
    of 49 U.S.C. 5305, 5307, 5308, 5309, 5310, 5311, 5316, 5317, 5320,
    5335, 5339, and 5340 and section 3038 of Public Law 105-178, as
    amended, $9,400,000,000 to be derived from the Mass Transit Account of
    the Highway Trust Fund and to remain available until expended:
    Provided, That funds available for the implementation or execution of
    programs authorized under 49 U.S.C. 5305, 5307, 5308, 5309, 5310, 5311,
    5316, 5317, 5320, 5335, 5339, and 5340 and section 3038 of Public Law
    105-178, as amended, shall not exceed total obligations of
    $8,343,171,000 in fiscal year 2010.

                    research and university research centers

        For necessary expenses to carry out 49 U.S.C. 5306, 5312-5315,
    5322, and 5506, $65,670,000, to remain available until expended:
    Provided, That $10,000,000 is available to carry out the transit
    cooperative research program under section 5313 of title 49, United
    States Code, $4,300,000 is available for the National Transit Institute
    under section 5315 of title 49, United States Code, and $7,000,000 is
    available for university transportation centers program under section
    5506 of title 49, United States Code: Provided further, That
    $44,370,000 is available to carry out national research programs under
    sections 5312, 5313, 5314, and 5322 of title 49, United States Code:
    Provided further, That of the funds available to carry out section 5312
    of title 49, United States Code, $5,000,000 shall be available to the
    Secretary to develop standards for asset management plans, provide
    technical assistance to recipients engaged in the development or
    implementation of an asset management plan, improve data collection
    through the National Transit Database, and conduct a pilot program
    designed to identify the best practices of asset management.

                           capital investment grants

                         (including transfer of funds)

        For necessary expenses to carry out section 5309 of title 49,
    United States Code, $2,000,000,000, to remain available until expended,
    of which no less than $200,000,000 is for section 5309(e) of such
    title: Provided, That $2,000,000 shall be transferred to the Department
    of Transportation Office of Inspector General from funds set aside for
    the execution of oversight contracts pursuant to section 5327(c) of
    title 49, United States Code, for costs associated with audits and
    investigations of transit-related issues, including reviews of new
    fixed guideway systems.

           grants for energy efficiency and greenhouse gas reductions

        For grants to public transit agencies for capital investments that
    will reduce the energy consumption or greenhouse gas emissions of their
    public transportation systems, $75,000,000, to remain available through
    September 30, 2012: Provided, That priority shall be given to projects
    based on the total energy savings that are projected to result from the
    investments, and the projected energy savings as a percentage of the
    total energy usage of the public transit agency: Provided further, That
    the Secretary shall public criteria on which to base the competition
    for any grants awarded under this heading no sooner than 90 days after
    the enactment of this Act, require applications for funding provided
    under this heading to be submitted no sooner than 120 days after the
    publication of such criteria, and announce all projects selected to be
    funded from funds provided under this heading no sooner than September
    15, 2010.

          grants to the washington metropolitan area transit authority

        For grants to the Washington Metropolitan Area Transit Authority as
    authorized under section 601 of division B of Public Law 110-432,
    $150,000,000, to remain available until expended: Provided, That the
    Secretary shall approve grants for capital and preventive maintenance
    expenditures for the Washington Metropolitan Area Transit Authority
    only after receiving and reviewing a request for each specific project:
    Provided further, That prior to approving such grants, the Secretary
    shall determine that the Washington Metropolitan Area Transit Authority
    has placed the highest priority on those investments that will improve
    the safety of the system, including but not limited to fixing the track
    signal system, replacing the 1000 series cars, installing guarded
    turnouts, buying equipment for wayside worker protection, and
    installing rollback protection on cars that are not equipped with this
    safety feature.

           administrative provisions--federal transit administration

        Sec. 160.  The limitations on obligations for the programs of the
    Federal Transit Administration shall not apply to any authority under
    49 U.S.C. 5338, previously made available for obligation, or to any
    other authority previously made available for obligation.
        Sec. 161.  Notwithstanding any other provision of law, funds
    appropriated or limited by this Act under ``Federal Transit
    Administration, Capital Investment Grants'' and for bus and bus
    facilities under ``Federal Transit Administration, Formula and Bus
    Grants'' for projects specified in this Act or identified in reports
    accompanying this Act not obligated by September 30, 2012, and other
    recoveries, shall be directed to projects eligible to use the funds for
    the purposes for which they were originally provided.
        Sec. 162.  Notwithstanding any other provision of law, any funds
    appropriated before October 1, 2009, under any section of chapter 53 of
    title 49, United States Code, that remain available for expenditure,
    may be transferred to and administered under the most recent
    appropriation heading for any such section.
        Sec. 163.  Notwithstanding any other provision of law, unobligated
    funds made available for new fixed guideway system projects under the
    heading ``Federal Transit Administration, Capital investment grants''
    in any appropriations Act prior to this Act may be used during this
    fiscal year to satisfy expenses incurred for such projects.
        Sec. 164.  During fiscal year 2010, each Federal Transit
    Administration grant for a project that involves the acquisition or
    rehabilitation of a bus to be used in public transportation shall be
    funded for 90 percent of the net capital costs of a biodiesel bus or a
    factory-installed or retrofitted hybrid electric propulsion system and
    any equipment related to such a system: Provided, That the Secretary
    shall have the discretion to determine, through practicable
    administrative procedures, the costs attributable to the system and
    related-equipment.
        Sec. 165.  Notwithstanding any other provision of law, unobligated
    funds or recoveries under section 5309 of title 49, United States Code,
    that are available to the Secretary of Transportation for reallocation
    shall be directed to projects eligible to use the funds for the
    purposes for which they were originally provided.
        Sec. 166. (a) In the explanatory statement referenced in section
    186 of title I of division K of Public Law 110-161 (121 Stat. 2406),
    the item relating to ``Broward County Southwest Transit Facility'' in
    the table of projects under the heading ``Bus and Bus Facilities'' is
    deemed to be amended by striking ``Southwest'' and inserting
    ``Ravenswood''.
        (b) The explanatory statement referenced in section 186 of title I
    of division I of Public Law 111-8 for ``Alternatives analysis'' under
    ``Federal Transit Administration-Formula and Bus Grants'' is deemed to
    be amended by striking ``Hudson-Bergen Light Rail Extension Route 440,
    North Bergen, NJ'' and inserting ``Hudson-Bergen Light Rail Extension
    Route 440, Jersey City, NJ''.
        (c) Funds made available for the ``Phoenix/Regional Heavy
    Maintenance Facility, AZ'', ``Dial-a-Ride facility, Phoenix, AZ'' and
    the ``Phoenix Regional Heavy Bus Maintenance Facility, Arizona''
    through the Department of Transportation Appropriations Acts for Fiscal
    Years 2004, 2005 and 2008 that remain unobligated or unexpended shall
    be made available to the East Baseline Park-and-Ride Facility in
    Phoenix, Arizona.
        Sec. 167.  Funds made available for Alaska or Hawaii ferry boats or
    ferry terminal facilities pursuant to 49 U.S.C. 5309(m)(2)(B) may be
    used to construct new vessels and facilities, or to improve existing
    vessels and facilities, including both the passenger and vehicle-
    related elements of such vessels and facilities, and for repair
    facilities: Provided, That not more than $4,000,000 of the funds made
    available pursuant to 49 U.S.C. 5309(m)(2)(B) may be used by the City
    and County of Honolulu to operate a passenger ferry boat service
    demonstration project to test the viability of different intra-island
    ferry boat routes and technologies.
        Sec. 168.  In determining the local share of the cost of the
    project authorized to be carried out under section 3043(c)(70) of the
    Safe, Accountable, Flexible, Efficient Transportation Equity Act: A
    Legacy for Users (Public Law 109-59; 119 Stat. 1644) for purposes of
    the rating process for New Starts projects, the Secretary shall
    consider any portion of the corridor advanced entirely with non-Federal
    funds.
        Sec. 169.  The Secretary of Transportation shall provide
    recommendations to Congress, including legislative proposals, on how to
    strengthen its role in regulating the safety of transit agencies
    operating heavy rail on fixed guideway: Provided, That the Secretary
    shall include actions the Department of Transportation will take and
    what additional legislative authorities it may need in order to fully
    implement recommendations of the National Transportation Safety Board
    directed at the Federal Transit Administration, including but not
    limited to recommendations related to crashworthiness, emergency access
    and egress, event recorders, and hours of service: Provided further,
    That the Secretary shall transmit to the House and Senate Committees on
    Appropriations, the House Committee on Transportation and
    Infrastructure, and the Senate Committee on Banking, Housing, and Urban
    Affairs a report outlining these recommendations and a plan for their
    implementation by the Department of Transportation no later than 45
    days after enactment of this Act.
        Sec. 170.  Notwithstanding any other provision of law, the
    Secretary of Transportation shall not reallocate any funding made
    available for items 523, 267, and 131 of section 3044 of the Safe,
    Accountable, Flexible, Efficient Transportation Equity Act: A Legacy
    for Users (Public Law 109-59).
        Sec. 171.  Notwithstanding any other provision of law, for fiscal
    year 2010, the total estimated amount of future obligations of the
    Government and contingent commitments to incur obligations covered by
    all outstanding full funding grant agreements entered into on or before
    September 30, 2009, and all outstanding letters of intent and early
    systems work agreements under subsection 5309(g) of Title 49, United
    States Code, for major new fixed guideway capital projects may be not
    more than the sum of the amount authorized under subsections
    5338(a)(3)(iv) and 5338(c) of such title for such projects and an
    amount equivalent to the last 3 fiscal years of funding allocated under
    subsections 5309(m)(1)(A) and (m)(2)(A)(ii) of such title, for such
    projects, less an amount the Secretary reasonably estimates is
    necessary for grants under subsection 5309(b)(1) of such title for
    those of such projects that are not covered by a letter or agreement:
    Provided, That the Secretary may enter into full funding grant
    agreements under subsection 5309(g)(2) of such title for major new
    fixed guideway capital projects that contain contingent commitments to
    incur obligations in such amounts as the Secretary determines are
    appropriate.
        Sec. 172.  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, for any transit
    agency who during fiscal year 2008 was both initially granted a 60-day
    period to come into compliance with part 604, and then was subsequently
    granted an exception from said part.
        Sec. 173.  Hereafter, for interstate multi-modal projects which are
    in Interstate highway corridors, the Secretary shall base the rating
    under section 5309(d) of title 49, United States Code, of the non-New
    Starts share of the public transportation element of the project on the
    percentage of non-New Starts funds in the unified finance plan for the
    multi-modal project: Provided, That the Secretary shall base the
    accounting of local matching funds on the total amount of all local
    funds incorporated in the unified finance plan for the multi-modal
    project for the purposes of funding under chapter 53 of title 49,
    United States Code and title 23, United States Code: Provided further,
    That the Secretary shall evaluate the justification for the project
    under section 5309(d) of title 49, United States Code, including cost
    effectiveness, on the public transportation costs and public
    transportation benefits.

                 Saint Lawrence Seaway Development Corporation

        The Saint Lawrence Seaway Development Corporation is hereby
    authorized to make such expenditures, within the limits of funds and
    borrowing authority available to the Corporation, and in accord with
    law, and to make such contracts and commitments without regard to
    fiscal year limitations as provided by section 104 of the Government
    Corporation Control Act, as amended, as may be necessary in carrying
    out the programs set forth in the Corporation's budget for the current
    fiscal year.

                           operations and maintenance

                        (harbor maintenance trust fund)

        For necessary expenses for operations, maintenance, and capital
    asset renewal of those portions of the Saint Lawrence Seaway owned,
    operated, and maintained by the Saint Lawrence Seaway Development
    Corporation, $32,324,000, to be derived from the Harbor Maintenance
    Trust Fund, pursuant to Public Law 99-662.

                            Maritime Administration

                           maritime security program

        For necessary expenses to maintain and preserve a U.S.-flag
    merchant fleet to serve the national security needs of the United
    States, $174,000,000, to remain available until expended.

                            operations and training

        For necessary expenses of operations and training activities
    authorized by law, $149,750,000, of which $11,240,000 shall remain
    available until expended for maintenance and repair of training ships
    at State Maritime Academies, and of which $15,000,000 shall remain
    available until expended for capital improvements at the United States
    Merchant Marine Academy, and of which $59,057,000 shall be available
    for operations at the United States Merchant Marine Academy: Provided,
    That amounts apportioned for the United States Merchant Marine Academy
    shall be available only upon allotments made personally by the
    Secretary of Transportation or the Assistant Secretary for Budget and
    Programs: Provided further, That the Superintendent, Deputy
    Superintendent and the Director of the Office of Resource Management of
    the United States Merchant Marine Academy may not be allotment holders
    for the United States Merchant Marine Academy, and the Administrator of
    Maritime Administration shall hold all allotments made by the Secretary
    of Transportation or the Assistant Secretary for Budget and Programs
    under the previous proviso: Provided further, That 50 percent of the
    funding made available for the United States Merchant Marine Academy
    under this heading shall be available only after the Secretary, in
    consultation with the Superintendent and the Maritime Administration,
    completes a plan detailing by program or activity and by object class
    how such funding will be expended at the Academy, and this plan is
    submitted to the House and Senate Committees on Appropriations.

                                 ship disposal

        For necessary expenses related to the disposal of obsolete vessels
    in the National Defense Reserve Fleet of the Maritime Administration,
    $15,000,000, to remain available until expended.

                         assistance to small shipyards

        To make grants to qualified shipyards as authorized under section
    3508 of Public Law 110-417 or section 54101 of title 46, United States
    Code, $15,000,000, to remain available until expended: Provided, That
    to be considered for assistance, a qualified shipyard shall submit an
    application for assistance no later than 60 days after enactment of
    this Act: Provided further, That from applications submitted under the
    previous proviso, the Secretary of Transportation shall make grants no
    later than 120 days after enactment of this Act in such amounts as the
    Secretary determines: Provided further, That not to exceed 2 percent of
    the funds appropriated under this heading shall be available for
    necessary costs of grant administration.

              maritime guaranteed loan (title xi) program account

                         (including transfer of funds)

        For the cost of guaranteed loans, as authorized, $9,000,000, of
    which $5,000,000 shall remain available until expended: Provided, That
    such costs, including the cost of modifying such loans, shall be as
    defined in section 502 of the Congressional Budget Act of 1974, as
    amended: Provided further, That not to exceed $4,000,000 shall be
    available for administrative expenses to carry out the guaranteed loan
    program, which shall be transferred to and merged with the
    appropriation for ``Operations and Training'', Maritime Administration.

               administrative provisions--maritime administration

        Sec. 175.  Notwithstanding any other provision of this Act, the
    Maritime Administration is authorized to furnish utilities and services
    and make necessary repairs in connection with any lease, contract, or
    occupancy involving Government property under control of the Maritime
    Administration, and payments received therefor shall be credited to the
    appropriation charged with the cost thereof: Provided, That rental
    payments under any such lease, contract, or occupancy for items other
    than such utilities, services, or repairs shall be covered into the
    Treasury as miscellaneous receipts.
        Sec. 176.  Section 51314 of title 46, United States Code, is
    amended in subsection (b) by inserting at the end ``Such fees shall be
    credited to the Maritime Administration's Operations and Training
    appropriation, to remain available until expended, for those expenses
    directly related to the purposes of the fees. Fees collected in excess
    of actual expenses may be refunded to the Midshipmen through a
    mechanism approved by the Secretary. The Academy shall maintain a
    separate and detailed accounting of fee revenue and all associated
    expenses.''.

             Pipeline and Hazardous Materials Safety Administration

                              operational expenses

                             (pipeline safety fund)

                         (including transfer of funds)

        For necessary operational expenses of the Pipeline and Hazardous
    Materials Safety Administration, $21,132,000, of which $639,000 shall
    be derived from the Pipeline Safety Fund: Provided, That $1,000,000
    shall be transferred to ``Pipeline Safety'' in order to fund ``Pipeline
    Safety Information Grants to Communities'' as authorized under section
    60130 of title 49, United States Code.

                           hazardous materials safety

        For expenses necessary to discharge the hazardous materials safety
    functions of the Pipeline and Hazardous Materials Safety
    Administration, $37,994,000, of which $1,699,000 shall remain available
    until September 30, 2012: Provided, That up to $800,000 in fees
    collected under 49 U.S.C. 5108(g) shall be deposited in the general
    fund of the Treasury as offsetting receipts: Provided further, That
    there may be credited to this appropriation, to be available until
    expended, funds received from States, counties, municipalities, other
    public authorities, and private sources for expenses incurred for
    training, for reports publication and dissemination, and for travel
    expenses incurred in performance of hazardous materials exemptions and
    approvals functions.

                                pipeline safety

                             (pipeline safety fund)

                        (oil spill liability trust fund)

        For expenses necessary to conduct the functions of the pipeline
    safety program, for grants-in-aid to carry out a pipeline safety
    program, as authorized by 49 U.S.C. 60107, and to discharge the
    pipeline program responsibilities of the Oil Pollution Act of 1990,
    $105,239,000, of which $18,905,000 shall be derived from the Oil Spill
    Liability Trust Fund and shall remain available until September 30,
    2012; and of which $86,334,000 shall be derived from the Pipeline
    Safety Fund, of which $47,332,000 shall remain available until
    September 30, 2012: Provided, That not less than $1,048,000 of the
    funds provided under this heading shall be for the one-call State grant
    program.

                         emergency preparedness grants

                         (emergency preparedness fund)

        For necessary expenses to carry out 49 U.S.C. 5128(b), $188,000, to
    be derived from the Emergency Preparedness Fund, to remain available
    until September 30, 2011: Provided, That not more than $28,318,000
    shall be made available for obligation in fiscal year 2010 from amounts
    made available by 49 U.S.C. 5116(I) and 5128(b)-(c): Provided further,
    That none of the funds made available by 49 U.S.C. 5116(I), 5128(b), or
    5128(c) shall be made available for obligation by individuals other
    than the Secretary of Transportation, or his designee.

               Research and Innovative Technology Administration

                            research and development

        For necessary expenses of the Research and Innovative Technology
    Administration, $13,007,000, of which $6,036,000 shall remain available
    until September 30, 2012: Provided, That there may be credited to this
    appropriation, to be available until expended, funds received from
    States, counties, municipalities, other public authorities, and private
    sources for expenses incurred for training.

                          Office of Inspector General

                             salaries and expenses

        For necessary expenses of the Office of Inspector General to carry
    out the provisions of the Inspector General Act of 1978, as amended,
    $75,114,000: Provided, That the Inspector General shall have all
    necessary authority, in carrying out the duties specified in the
    Inspector General Act, as amended (5 U.S.C. App. 3), to investigate
    allegations of fraud, including false statements to the government (18
    U.S.C. 1001), by any person or entity that is subject to regulation by
    the Department: Provided further, That the funds made available under
    this heading shall be used to investigate, pursuant to section 41712 of
    title 49, United States Code: (1) unfair or deceptive practices and
    unfair methods of competition by domestic and foreign air carriers and
    ticket agents; and (2) the compliance of domestic and foreign air
    carriers with respect to item (1) of this proviso.

                          Surface Transportation Board

                             salaries and expenses

        For necessary expenses of the Surface Transportation Board,
    including services authorized by 5 U.S.C. 3109, $29,066,000: Provided,
    That notwithstanding any other provision of law, not to exceed
    $1,250,000 from fees established by the Chairman of the Surface
    Transportation Board shall be credited to this appropriation as
    offsetting collections and used for necessary and authorized expenses
    under this heading: Provided further, That the sum herein appropriated
    from the general fund shall be reduced on a dollar-for-dollar basis as
    such offsetting collections are received during fiscal year 2010, to
    result in a final appropriation from the general fund estimated at no
    more than $27,816,000.

                General Provisions--department of Transportation

        Sec. 180.  During the current fiscal year applicable appropriations
    to the Department of Transportation shall be available for maintenance
    and operation of aircraft; hire of passenger motor vehicles and
    aircraft; purchase of liability insurance for motor vehicles operating
    in foreign countries on official department business; and uniforms or
    allowances therefor, as authorized by law (5 U.S.C. 5901-5902).
        Sec. 181.  Appropriations contained in this Act for the Department
    of Transportation shall be available for services as authorized by 5
    U.S.C. 3109, but at rates for individuals not to exceed the per diem
    rate equivalent to the rate for an Executive Level IV.
        Sec. 182.  None of the funds in this Act shall be available for
    salaries and expenses of more than 110 political and Presidential
    appointees in the Department of Transportation: Provided, That none of
    the personnel covered by this provision may be assigned on temporary
    detail outside the Department of Transportation.
        Sec. 183.  None of the funds in this Act shall be used to implement
    section 404 of title 23, United States Code.
        Sec. 184. (a) No recipient of funds made available in this Act
    shall disseminate personal information (as defined in 18 U.S.C.
    2725(3)) obtained by a State department of motor vehicles in connection
    with a motor vehicle record as defined in 18 U.S.C. 2725(1), except as
    provided in 18 U.S.C. 2721 for a use permitted under 18 U.S.C. 2721.
        (b) Notwithstanding subsection (a), the Secretary shall not
    withhold funds provided in this Act for any grantee if a State is in
    noncompliance with this provision.
        Sec. 185.  Funds received by the Federal Highway Administration,
    Federal Transit Administration, and Federal Railroad Administration
    from States, counties, municipalities, other public authorities, and
    private sources for expenses incurred for training may be credited
    respectively to the Federal Highway Administration's ``Federal-Aid
    Highways'' account, the Federal Transit Administration's ``Research and
    University Research Centers'' account, and to the Federal Railroad
    Administration's ``Safety and Operations'' account, except for State
    rail safety inspectors participating in training pursuant to 49 U.S.C.
    20105.
        Sec. 186.  Funds provided or limited in this Act under the
    appropriate accounts within the Federal Highway Administration, the
    Federal Railroad Administration and the Federal Transit Administration
    shall be for the eligible programs, projects and activities in the
    corresponding amounts identified in the committee report accompanying
    this Act for ``Ferry Boats and Ferry Terminal Facilities'', ``Federal
    Lands'', ``Interstate Maintenance Discretionary'', ``Transportation,
    Community and System Preservation Program'', ``Delta Region
    Transportation Development Program'', ``Rail Line Relocation and
    Improvement Program'', ``Rail-highway crossing hazard eliminations'',
    ``Capital Investment Grants'', ``Alternatives analysis'', and ``Bus and
    bus facilities''.
        Sec. 187.  Notwithstanding any other provisions of law, rule or
    regulation, the Secretary of Transportation is authorized to allow the
    issuer of any preferred stock heretofore sold to the Department to
    redeem or repurchase such stock upon the payment to the Department of
    an amount determined by the Secretary.
        Sec. 188.  None of the funds in this Act to the Department of
    Transportation may be used to make a grant unless the Secretary of
    Transportation notifies the House and Senate Committees on
    Appropriations not less than 3 full business days before any
    discretionary grant award, letter of intent, or full funding grant
    agreement totaling $1,000,000 or more is announced by the department or
    its modal administrations from: (1) any discretionary grant program of
    the Federal Highway Administration including the emergency relief
    program; (2) the airport improvement program of the Federal Aviation
    Administration; (3) any grant from the Federal Railroad Administration;
    or (4) any program of the Federal Transit Administration other than the
    formula grants and fixed guideway modernization programs: Provided,
    That the Secretary gives concurrent notification to the House and
    Senate Committees on Appropriations for any ``quick release'' of funds
    from the emergency relief program: Provided further, That no
    notification shall involve funds that are not available for obligation.
        Sec. 189.  Rebates, refunds, incentive payments, minor fees and
    other funds received by the Department of Transportation from travel
    management centers, charge card programs, the subleasing of building
    space, and miscellaneous sources are to be credited to appropriations
    of the Department of Transportation and allocated to elements of the
    Department of Transportation using fair and equitable criteria and such
    funds shall be available until expended.
        Sec. 190.  Amounts made available in this or any other Act that the
    Secretary determines represent improper payments by the Department of
    Transportation to a third-party contractor under a financial assistance
    award, which are recovered pursuant to law, shall be available--
            (1) to reimburse the actual expenses incurred by the Department
        of Transportation in recovering improper payments; and
            (2) to pay contractors for services provided in recovering
        improper payments or contractor support in the implementation of
        the Improper Payments Information Act of 2002: Provided, That
        amounts in excess of that required for paragraphs (1) and (2)--
                (A) shall be credited to and merged with the appropriation
            from which the improper payments were made, and shall be
            available for the purposes and period for which such
            appropriations are available; or
                (B) if no such appropriation remains available, shall be
            deposited in the Treasury as miscellaneous receipts: Provided
            further, That prior to the transfer of any such recovery to an
            appropriations account, the Secretary shall notify to the House
            and Senate Committees on Appropriations of the amount and
            reasons for such transfer: Provided further, That for purposes
            of this section, the term ``improper payments'', has the same
            meaning as that provided in section 2(d)(2) of Public Law 107-
            300.
        Sec. 191.  Notwithstanding any other provision of law, if any funds
    provided in or limited by this Act are subject to a reprogramming
    action that requires notice to be provided to the House and Senate
    Committees on Appropriations, said reprogramming action shall be
    approved or denied solely by the Committees on Appropriations:
    Provided, That the Secretary may provide notice to other congressional
    committees of the action of the Committees on Appropriations on such
    reprogramming but not sooner than 30 days following the date on which
    the reprogramming action has been approved or denied by the House and
    Senate Committees on Appropriations.
        Sec. 192.  None of the funds appropriated or otherwise made
    available under this Act may be used by the Surface Transportation
    Board of the Department of Transportation to charge or collect any
    filing fee for rate complaints filed with the Board in an amount in
    excess of the amount authorized for district court civil suit filing
    fees under section 1914 of title 28, United States Code.
        Sec. 193.  Notwithstanding section 3324 of Title 31, United States
    Code, in addition to authority provided by section 327 of title 49,
    United States Code, the Department's Working Capital fund is hereby
    authorized to provide payments in advance to vendors that are necessary
    to carry out the Federal transit pass transportation fringe benefit
    program under Executive Order 13150 and section 3049 of Public Law 109-
    59: Provided, that the Department shall include adequate safeguards in
    the contract with the vendors to ensure timely and high quality
    performance under the contract.
        Sec. 194. (a) In General.--Section 127(a)(11) of title 23, United
    States Code, is amended by striking ``that portion of the Maine
    Turnpike designated Route 95 and 495, and that portion of Interstate
    Route 95 from the southern terminus of the Maine Turnpike to the New
    Hampshire State line, laws (including regulations)'' and inserting
    ``all portions of the Interstate Highway System in the State, laws
    (including regulations)''.
        (b) Period of Effectiveness.--The amendment made by subsection (a)
    shall be in effect during the 1-year period beginning on the date of
    enactment of this Act.
        (c) Reversion.--Effective as of the date that is 366 days after the
    date of enactment of this Act, section 127(a)(11) of title 23, United
    States Code, is amended by striking ``all portions of the Interstate
    Highway System in the State, laws (including regulations)'' and
    inserting ``that portion of the Maine Turnpike designated Route 95 and
    495, and that portion of Interstate Route 95 from the southern terminus
    of the Maine Turnpike to the New Hampshire State line, laws (including
    regulations)''.
        (d) Vermont Pilot Program.--Section 127(a) of title 23, United
    States Code, is amended by adding at the end the following:
            ``(13) Vermont pilot program.--
                ``(A) In general.--With respect to Interstate Routes 89,
            91, and 93 in the State of Vermont, laws (including
            regulations) of that State concerning vehicle weight
            limitations applicable to State highways other than the
            Interstate system shall be applicable in lieu of the
            requirements of this subsection.''.
        (e) Period of Effectiveness for the Vermont Pilot Program.--The
    amendment made by subsection (d) shall be in effect during the 1-year
    period beginning on the date of enactment of this Act.
        (f) Reversion for the Vermont Pilot Program.--Effective as of the
    date that is 366 days after the date of enactment of this Act, section
    127(a) of title 23, United States Code, is amended by striking
    paragraph (13).
        (g) Report on the Vermont Pilot Program.--Not later than 2 years
    after the date of enactment of this paragraph, the Secretary shall
    complete and submit to Congress a report on the effects of the pilot
    program under this paragraph on highway safety, bridge and road
    durability, commerce, truck volumes, and energy use within the State of
    Vermont.
        Sec. 195.  The Secretary shall initiate an independent and
    comprehensive study and analysis to supplement that authorized under
    section 108, division C, of Public Law 111-8: Provided, That the
    Department of Transportation shall work with and coordinate with the
    Departments of Energy, Commerce and Agriculture to develop a
    comprehensive understanding of the full value of river flow support to
    users in the Mississippi and Missouri Rivers: Provided further, That
    subjects of analysis shall include energy (including hydropower and
    generation cooling), and water transport (including water-compelled
    rates, projected total transportation congestion considerations,
    transportation energy efficiency, air quality and carbon emissions) and
    water users (including the number and distribution of people,
    households, municipalities, and business throughout the Missouri and
    Mississippi River basins who use river water for multiple purposes):
    Provided further, That in addition to understanding current value, the
    Department is directed to work with appropriate Federal partners to
    develop recommendations on how to minimize impediments to growth and
    maximize water value of benefits related to energy production and
    efficiency, congestion relief, trade and transport efficiency, and air
    quality: Provided further, That the Department of Transportation shall
    provide its analysis and recommendations to the U.S. Army Corps of
    Engineers, the White House, and the Congress: Provided further, That
    $2,000,000 is available until expended for such purposes.
        Sec. 196.  Notwithstanding any other provision of law, funds made
    available under section 330 of the Fiscal Year 2002 Department of
    Transportation and Related Agencies Appropriations Act (Public Law 107-
    87) for the Las Vegas, Nevada Monorail Project, funds made available
    under section 115 of the Fiscal Year 2004 Transportation, Treasury and
    Independent Agencies Appropriations Act (Public Law 108-199) for the
    North Las Vegas Intermodal Transit Hub, and funds made available for
    the CATRAIL RTC Rail Project, Nevada in the Fiscal Year 2005
    Transportation, Treasury, Independent Agencies and General Government
    Appropriations Act (Public Law 108-447), as well as any unexpended
    funds in the Federal Transit Administration grant numbers NV-03-0024
    and NV-03-0027, shall be made available until expended to the Regional
    Transportation Commission of Southern Nevada for bus and bus-related
    projects and bus rapid transit projects: Provided, That the funds made
    available for a project in accordance with this section shall be
    administered under the terms and conditions set forth in 49 U.S.C.
    5307, to the extent applicable.
        This title may be cited as the ``Department of Transportation
    Appropriations Act, 2010''.

                                    TITLE II

                  DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

                         Management and Administration

                              Executive Direction

        For necessary salaries and expenses for Executive Direction,
    $26,855,000, 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 $3,996,000 shall be
    available for the Office of the Assistant Secretary for Public Affairs;
    not to exceed $1,218,000 shall be available for the Office of the
    Assistant Secretary for Administration; not to exceed $2,125,000 shall
    be available to the Office of the Assistant Secretary for Public and
    Indian Housing; not to exceed $1,781,000 shall be available to the
    Office of the Assistant Secretary for Community Planning and
    Development; not to exceed $3,497,000 shall be available to the Office
    of the Assistant Secretary for Housing, Federal Housing Commissioner;
    not to exceed $1,097,000 shall be available to the Office of the
    Assistant Secretary for Policy Development and Research; and not to
    exceed $928,000 shall be available to the Office of the Assistant
    Secretary for Fair Housing and Equal Opportunity: Provided, That the
    Secretary of the Department of Housing and Urban Development is
    authorized to transfer funds appropriated for any office funded under
    this heading to any other office funded under this heading following
    the written notification to the House and Senate Committees on
    Appropriations: Provided further, That no appropriation for any office
    shall be increased or decreased by more than 5 percent by all such
    transfers: Provided further, That notice of any change in funding
    greater than 5 percent shall be submitted for prior approval to the
    House and Senate Committees on Appropriations: Provided further, That
    the Secretary shall provide the Committees on Appropriations quarterly
    written notification regarding the status of pending congressional
    reports: Provided further, That the Secretary shall provide all signed
    reports required by Congress electronically: Provided further, That not
    to exceed $25,000 of the amount made available under this paragraph for
    the immediate Office of the Secretary shall be available for official
    reception and representation expenses as the Secretary may determine.

                   administration, operations and management

        For necessary salaries and expenses for administration, operations
    and management for the Department of Housing and Urban Development,
    $537,011,000, 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 $9,623,000 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 $3,288,000 shall be available for the
    personnel compensation and benefits for the Office of Strategic
    Planning and Management; and not to exceed $249,870,000 shall be
    available for non-personnel expenses of the Department of Housing and
    Urban Development: Provided, That, funds provided under this heading
    may be used for necessary administrative and non-administrative
    expenses of the Department of Housing and Urban Development, not
    otherwise provided for, including purchase of uniforms, or allowances
    therefor, as authorized by 5 U.S.C. 5901-5902; hire of passenger motor
    vehicles; services as authorized by 5 U.S.C. 3109: Provided further,
    That notwithstanding any other provision of law, funds appropriated
    under this heading may be used for advertising and promotional
    activities that support the housing mission area: Provided further,
    That the Secretary of Housing and Urban Development is authorized to
    transfer funds appropriated for any office included in Administration,
    Operations and Management to any other office included in
    Administration, Operations and Management only after such transfer has
    been submitted to, and received prior written approval by, the House
    and Senate Committees on Appropriations: Provided further, That no
    appropriation for any office shall be increased or decreased by more
    than 10 percent by all such transfers.

                      Personnel Compensation and Benefits

                           public and indian housing

        For necessary personnel compensation and benefits expenses of the
    Office of Public and Indian Housing, $197,074,000.

                       community planning and development

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

                                    housing

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

             office of the government national mortgage association

        For necessary personnel compensation and benefits expenses of the
    Office of the Government National Mortgage Association, $11,095,000, to
    be derived from the GNMA guarantees of mortgage backed securities
    guaranteed loan receipt account.

                        policy development and research

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

                       fair housing and equal opportunity

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

                office of healthy homes and lead hazard control

        For necessary personnel compensation and benefits expenses of the
    Office of Healthy Homes and Lead Hazard Control, $7,151,000.

                           Public and Indian Housing

                         tenant-based rental assistance

                         (including transfer of funds)

        For activities and assistance for the provision of tenant-based
    rental assistance authorized under the United States Housing Act of
    1937, as amended (42 U.S.C. 1437 et seq.) (``the Act'' herein), not
    otherwise provided for, $14,184,200,000, to remain available until
    expended, shall be available on October 1, 2009 (in addition to the
    $4,000,000,000 previously appropriated under this heading that will
    become available on October 1, 2009), and $4,000,000,000, to remain
    available until expended, shall be available on October 1, 2010:
    Provided, That of the amounts made available under this heading are
    provided as follows:
            (1) $16,339,200,000 shall be available for renewals of expiring
        section 8 tenant-based annual contributions contracts (including
        renewals of enhanced vouchers under any provision of law
        authorizing such assistance under section 8(t) of the Act) and
        including renewal of other special purpose vouchers initially
        funded in fiscal year 2008 and 2009 such as Family Unification,
        Veterans Affairs Supportive Housing Vouchers and Non-elderly
        Disabled Vouchers): Provided, That notwithstanding any other
        provision of law, from amounts provided under this paragraph and
        any carryover, the Secretary for the calendar year 2010 funding
        cycle shall provide renewal funding for each public housing agency
        based on voucher management system (VMS) leasing and cost data for
        the most recent Federal fiscal year and by applying the most recent
        Annual Adjustment Factor as established by the Secretary, and by
        making any necessary adjustments for the costs associated with
        deposits to family self-sufficiency program escrow accounts or
        first-time renewals including tenant protection or HOPE VI
        vouchers: Provided further, That none of the funds provided under
        this paragraph may be used to fund a total number of unit months
        under lease which exceeds a public housing agency's authorized
        level of units under contract, except for public housing agencies
        participating in the Moving to Work demonstration, which are
        instead governed by the terms and conditions of their MTW
        agreements:  Provided further, That the Secretary shall, to the
        extent necessary to stay within the amount specified under this
        paragraph (except as otherwise modified under this Act), pro rate
        each public housing agency's allocation otherwise established
        pursuant to this paragraph: Provided further, That except as
        provided in the last two provisos, the entire amount specified
        under this paragraph (except as otherwise modified under this Act)
        shall be obligated to the public housing agencies based on the
        allocation and pro rata method described above, and the Secretary
        shall notify public housing agencies of their annual budget not
        later than 60 days after enactment of this Act: Provided further,
        That the Secretary may extend the 60-day notification period with
        the prior written approval of the House and Senate Committees on
        Appropriations: Provided further, That public housing agencies
        participating in the Moving to Work demonstration shall be funded
        pursuant to their Moving to Work agreements and shall be subject to
        the same pro rata adjustments under the previous provisos: Provided
        further, That up to $150,000,000 shall be available only: (1) to
        adjust the allocations for public housing agencies, after
        application for an adjustment by a public housing agency that
        experienced a significant increase, as determined by the Secretary,
        in renewal costs of tenant-based rental assistance resulting from
        unforeseen circumstances or from portability under section 8(r) of
        the Act; (2) for adjustments for public housing agencies with
        voucher leasing rates at the end of the calendar year that exceed
        the average leasing for the 12-month period used to establish the
        allocation; (3) for adjustments for the costs associated with VASH
        vouchers; or (4) for vouchers that were not in use during the 12-
        month period in order to be available to meet a commitment pursuant
        to section 8(o)(13) of the Act: Provided further, That the
        Secretary shall allocate amounts under the previous proviso based
        on need as determined by the Secretary: Provided further, That of
        the amounts made available under this paragraph, up to $100,000,000
        may be transferred to and merged with the appropriation for
        ``Transformation Initiative'';
            (2) $120,000,000 shall be for section 8 rental assistance for
        relocation and replacement of housing units that are demolished or
        disposed of pursuant to the Omnibus Consolidated Rescissions and
        Appropriations Act of 1996 (Public Law 104-134), conversion of
        section 23 projects to assistance under section 8, the family
        unification program under section 8(x) of the Act, relocation of
        witnesses in connection with efforts to combat crime in public and
        assisted housing pursuant to a request from a law enforcement or
        prosecution agency, enhanced vouchers under any provision of law
        authorizing such assistance under section 8(t) of the Act, HOPE VI
        vouchers, mandatory and voluntary conversions, and tenant
        protection assistance including replacement and relocation
        assistance or for project based assistance to prevent the
        displacement of unassisted elderly tenants currently residing in
        section 202 properties financed between 1959 and 1974 that are
        refinanced pursuant to Public Law 106-569, as amended, or under the
        authority as provided under this Act: Provided, That the Secretary
        shall provide replacement vouchers for all units that were occupied
        within the previous 24 months that cease to be available as
        assisted housing, subject only to the availability of funds;
            (3) $1,575,000,000 shall be for administrative and other
        expenses of public housing agencies in administering the section 8
        tenant-based rental assistance program, of which up to $50,000,000
        shall be available to the Secretary to allocate to public housing
        agencies that need additional funds to administer their section 8
        programs, including fees associated with section 8 tenant
        protection rental assistance, the administration of disaster
        related vouchers, Veterans Affairs Supportive Housing vouchers, and
        other incremental vouchers: Provided, That no less than
        $1,525,000,000 of the amount provided in this paragraph shall be
        allocated to public housing agencies for the calendar year 2010
        funding cycle based on section 8(q) of the Act (and related
        Appropriation Act provisions) as in effect immediately before the
        enactment of the Quality Housing and Work Responsibility Act of
        1998 (Public Law 105-276): Provided further, That if the amounts
        made available under this paragraph are insufficient to pay the
        amounts determined under the previous proviso, the Secretary may
        decrease the amounts allocated to agencies by a uniform percentage
        applicable to all agencies receiving funding under this paragraph
        or may, to the extent necessary to provide full payment of amounts
        determined under the previous proviso, utilize unobligated
        balances, including recaptures and carryovers, remaining from funds
        appropriated to the Department of Housing and Urban Development
        under this heading, for fiscal year 2009 and prior fiscal years,
        notwithstanding the purposes for which such amounts were
        appropriated: Provided further, That amounts provided under this
        paragraph shall be only for activities related to the provision of
        tenant-based rental assistance authorized under section 8,
        including related development activities;
            (4) $60,000,000 shall be available for family self-sufficiency
        coordinators under section 23 of the Act;
            (5) $15,000,000 for incremental voucher assistance through the
        Family Unification Program: Provided, That the assistance made
        available under this paragraph shall continue to remain available
        for family unification upon turnover: Provided further, That the
        Secretary of Housing and Urban Development shall make such funding
        available, notwithstanding section 204 (competition provision) of
        this title, to entities with demonstrated experience and resources
        for supportive services;
            (6) $75,000,000 for incremental rental voucher assistance for
        use through a supported housing program administered in conjunction
        with the Department of Veterans Affairs as authorized under section
        8(o)(19) of the United States Housing Act of 1937: Provided, That
        the Secretary of Housing and Urban Development shall make such
        funding available, notwithstanding section 204 (competition
        provision) of this title, to public housing agencies that partner
        with eligible VA Medical Centers or other entities as designated by
        the Secretary of the Department of Veterans Affairs, based on
        geographical need for such assistance as identified by the
        Secretary of the Department of Veterans Affairs, public housing
        agency administrative performance, and other factors as specified
        by the Secretary of Housing and Urban Development in consultation
        with the Secretary of the Department of Veterans Affairs: Provided
        further, That the Secretary of Housing and Urban Development may
        waive, or specify alternative requirements for (in consultation
        with the Secretary of the Department of Veterans Affairs), any
        provision of any statute or regulation that the Secretary of
        Housing and Urban Development administers in connection with the
        use of funds made available under this paragraph (except for
        requirements related to fair housing, nondiscrimination, labor
        standards, and the environment), upon a finding by the Secretary
        that any such waivers or alternative requirements are necessary for
        the effective delivery and administration of such voucher
        assistance: Provided further, That assistance made available under
        this paragraph shall continue to remain available for homeless
        veterans upon turn-over.

                            housing certificate fund

        Unobligated balances, including recaptures and carryover, remaining
    from funds appropriated to the Department of Housing and Urban
    Development under this heading, the heading ``Annual Contributions for
    Assisted Housing'' and the heading ``Project-Based Rental Assistance'',
    for fiscal year 2010 and prior years may be used for renewal of or
    amendments to section 8 project-based contracts and for performance-
    based contract administrators, notwithstanding the purposes for which
    such funds were appropriated: Provided, That any obligated balances of
    contract authority from fiscal year 1974 and prior that have been
    terminated shall be cancelled: Provided further, That amounts
    heretofore recaptured, or recaptured during the current fiscal year,
    from project-based Section 8 contracts from source years fiscal year
    1975 through fiscal year 1987 are hereby rescinded, and an amount of
    additional new budget authority, equivalent to the amount rescinded is
    hereby appropriated, to remain available until expended, for the
    purposes set forth under this heading, in addition to amounts otherwise
    available.

                          public housing capital fund

        For the Public Housing Capital Fund Program to carry out capital
    and management activities for public housing agencies, as authorized
    under section 9 of the United States Housing Act of 1937 (42 U.S.C.
    1437g) (the ``Act'') $2,500,000,000, to remain available until
    September 30, 2013: Provided, That notwithstanding any other provision
    of law or regulation, during fiscal year 2010 the Secretary of Housing
    and Urban Development may not delegate to any Department official other
    than the Deputy Secretary and the Assistant Secretary for Public and
    Indian Housing any authority under paragraph (2) of section 9(j)
    regarding the extension of the time periods under such section:
    Provided further, That for purposes of such section 9(j), the term
    ``obligate'' means, with respect to amounts, that the amounts are
    subject to a binding agreement that will result in outlays, immediately
    or in the future: Provided further, That up to $15,345,000 shall be to
    support the ongoing Public Housing Financial and Physical Assessment
    activities of the Real Estate Assessment Center (REAC): Provided
    further, That of the total amount provided under this heading, not to
    exceed $20,000,000 shall be available for the Secretary to make grants,
    notwithstanding section 204 of this Act, to public housing agencies for
    emergency capital needs including safety and security measures
    necessary to address crime and drug-related activity as well as needs
    resulting from unforeseen or unpreventable emergencies and natural
    disasters excluding Presidentially declared emergencies and natural
    disasters under the Robert T. Stafford Disaster Relief and Emergency
    Act (42 U.S.C. 5121 et seq.) occurring in fiscal year 2010: Provided
    further, That of the amounts provided under this heading up to
    $40,000,000 may be for grants to be competitively awarded to public
    housing agencies for the construction, rehabilitation or purchase of
    facilities to be used to provide early education, adult education, job
    training or other appropriate services to public housing residents:
    Provided further, That grantees shall demonstrate an ability to
    leverage other Federal, State, local or private resources for the
    construction, rehabilitation or acquisition of such facilities, and
    that selected grantees shall demonstrate a capacity to pay the long-
    term costs of operating such facilities: Provided further, That of the
    total amount provided under this heading, $50,000,000 shall be for
    supportive services, service coordinators and congregate services as
    authorized by section 34 of the Act (42 U.S.C. 1437z-6) and the Native
    American Housing Assistance and Self-Determination Act of 1996 (25
    U.S.C. 4101 et seq.): Provided further, That of the total amount
    provided under this heading up to $8,820,000 is to support the costs of
    administrative and judicial receiverships: Provided further, That from
    the funds made available under this heading, the Secretary shall
    provide bonus awards in fiscal year 2010 to public housing agencies
    that are designated high performers.

                         public housing operating fund

                         (including transfer of funds)

        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)), $4,775,000,000:
    Provided, That, in fiscal year 2009 and all fiscal years hereafter, no
    amounts under this heading in any appropriations Act may be used for
    payments to public housing agencies for the costs of operation and
    management of public housing for any year prior to the current year of
    such Act: Provided further, That of the amounts made available under
    this heading, up to $15,000,000 may be transferred to and merged with
    the appropriation for ``Transformation Initiative''.

         revitalization of severely distressed public housing (hope vi)

        For grants to public housing agencies for demolition, site
    revitalization, replacement housing, and tenant-based assistance grants
    to projects as authorized by section 24 of the United States Housing
    Act of 1937 (42 U.S.C. 1437v), $200,000,000, to remain available until
    September 30, 2011, of which the Secretary of Housing and Urban
    Development may use up to $10,000,000 for technical assistance and
    contract expertise, to be provided directly or indirectly by grants,
    contracts or cooperative agreements, including training and cost of
    necessary travel for participants in such training, by or to officials
    and employees of the department and of public housing agencies and to
    residents: Provided, That none of such funds shall be used directly or
    indirectly by granting competitive advantage in awards to settle
    litigation or pay judgments, unless expressly permitted herein:
    Provided further, That of the amounts provided under this heading, up
    to $65,000,000 may be available for a demonstration of the Choice
    Neighborhoods Initiative (subject to such section 24 except as
    otherwise specified under the provisos for this demonstration under
    this heading) for the 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: Provided further, That for this
    demonstration, funding may also be used for the conversion of vacant or
    foreclosed properties to affordable housing: Provided further, That use
    of funds made available for this demonstration under this heading shall
    not be deemed to be public housing notwithstanding section 3(b)(1) of
    such Act: Provided further, That grantees shall commit to an additional
    period of affordability determined by the Secretary, but not fewer than
    20 years: Provided further, That grantees shall undertake comprehensive
    local planning with input from residents and the community: Provided
    further, That for the purposes of this demonstration, applicants may
    include local governments, public housing authorities, nonprofits, and
    for-profit developers that apply jointly with a public entity: Provided
    further, That such grantees shall create partnerships with other local
    organizations including assisted housing owners, service agencies and
    resident organizations: Provided further, That the Secretary shall
    develop and publish a Notice of Funding Availability for the allocation
    and use of such competitive funds in this demonstration, including but
    not limited to eligible activities, program requirements, protections
    and services for affected residents, and performance metrics.

                      native american housing block grants

        For the Native American Housing Block Grants program, as authorized
    under title I of the Native American Housing Assistance and Self-
    Determination Act of 1996 (NAHASDA) (25 U.S.C. 4111 et seq.),
    $700,000,000, to remain available until expended: Provided, That,
    notwithstanding the Native American Housing Assistance and Self-
    Determination Act of 1996, to determine the amount of the allocation
    under title I of such Act for each Indian tribe, the Secretary shall
    apply the formula under section 302 of such Act with the need component
    based on single-race Census data and with the need component based on
    multi-race Census data, and the amount of the allocation for each
    Indian tribe shall be the greater of the two resulting allocation
    amounts: Provided further, That of the amounts made available under
    this heading, $3,500,000 shall be contracted for assistance for a
    national organization representing Native American housing interests
    for providing training and technical assistance to Indian housing
    authorities and tribally designated housing entities as authorized
    under NAHASDA; and $4,250,000 shall be to support the inspection of
    Indian housing units, contract expertise, training, and technical
    assistance in the training, oversight, and management of such Indian
    housing and tenant-based assistance, including up to $300,000 for
    related travel: Provided further, That of the amount provided under
    this heading, $2,000,000 shall be made available for the cost of
    guaranteed notes and other obligations, as authorized by title VI of
    NAHASDA: Provided further, That such costs, including the costs of
    modifying such notes and other obligations, shall be as defined in
    section 502 of the Congressional Budget Act of 1974, as amended:
    Provided further, That these funds are available to subsidize the total
    principal amount of any notes and other obligations, any part of which
    is to be guaranteed, not to exceed $18,000,000.

                      native hawaiian housing block grant

        For the Native Hawaiian Housing Block Grant program, as authorized
    under title VIII of the Native American Housing Assistance and Self-
    Determination Act of 1996 (25 U.S.C. 4111 et seq.), $13,000,000, to
    remain available until expended: Provided, That of this amount,
    $300,000 shall be for training and technical assistance activities,
    including up to $100,000 for related travel by Hawaii-based HUD
    employees.

               indian housing loan guarantee fund program account

        For the cost of guaranteed loans, as authorized by section 184 of
    the Housing and Community Development Act of 1992 (12 U.S.C. 1715z),
    $7,000,000, to remain available until expended: Provided, That such
    costs, including the costs of modifying such loans, shall be as defined
    in section 502 of the Congressional Budget Act of 1974: Provided
    further, That these funds are available to subsidize total loan
    principal, any part of which is to be guaranteed, up to $919,000,000:
    Provided further, That up to $750,000 shall be for administrative
    contract expenses including management processes and systems to carry
    out the loan guarantee program.

          native hawaiian housing loan guarantee fund program account

        For the cost of guaranteed loans, as authorized by section 184A of
    the Housing and Community Development Act of 1992 (12 U.S.C. 1715z),
    $1,044,000, to remain available until expended: Provided, That such
    costs, including the costs of modifying such loans, shall be as defined
    in section 502 of the Congressional Budget Act of 1974: Provided
    further, That these funds are available to subsidize total loan
    principal, any part of which is to be guaranteed, not to exceed
    $41,504,255.

                       Community Planning and Development

                  housing opportunities for persons with aids

        For carrying out the Housing Opportunities for Persons with AIDS
    program, as authorized by the AIDS Housing Opportunity Act (42 U.S.C.
    12901 et seq.), $335,000,000, to remain available until September 30,
    2011, except that amounts allocated pursuant to section 854(c)(3) of
    such Act shall remain available until September 30, 2012: Provided,
    That the Secretary shall renew all expiring contracts for permanent
    supportive housing that were funded under section 854(c)(3) of such Act
    that meet all program requirements before awarding funds for new
    contracts and activities authorized under this section.

                           community development fund

        For assistance to units of State and local government, and to other
    entities, for economic and community development activities, and for
    other purposes, $4,450,000,000, to remain available until September 30,
    2012, unless otherwise specified: Provided, That of the total amount
    provided, $3,990,068,480 is for carrying out the community development
    block grant program under title I of the Housing and Community
    Development Act of 1974, as amended (the ``Act'' herein) (42 U.S.C.
    5301 et seq.): Provided further, That unless explicitly provided for
    under this heading (except for planning grants provided in the second
    paragraph and amounts made available under the third paragraph), not to
    exceed 20 percent of any grant made with funds appropriated under this
    heading shall be expended for planning and management development and
    administration: Provided further, That $65,000,000 shall be for grants
    to Indian tribes notwithstanding section 106(a)(1) of such Act, of
    which, notwithstanding any other provision of law (including section
    204 of this Act), up to $3,960,000 may be used for emergencies that
    constitute imminent threats to health and safety.
        Of the amount made available under this heading, $172,843,570 shall
    be available for grants for the Economic Development Initiative (EDI)
    to finance a variety of targeted economic investments in accordance
    with the terms and conditions specified in the explanatory statement
    accompanying this Act: Provided, That none of the funds provided under
    this paragraph may be used for program operations: Provided further,
    That, for fiscal years 2008, 2009 and 2010, no unobligated funds for
    EDI grants may be used for any purpose except acquisition, planning,
    design, purchase of equipment, revitalization, redevelopment or
    construction.
        Of the amount made available under this heading, $22,087,950 shall
    be available for neighborhood initiatives that are utilized to improve
    the conditions of distressed and blighted areas and neighborhoods, to
    stimulate investment, economic diversification, and community
    revitalization in areas with population outmigration or a stagnating or
    declining economic base, or to determine whether housing benefits can
    be integrated more effectively with welfare reform initiatives:
    Provided, That amounts made available under this paragraph shall be
    provided in accordance with the terms and conditions specified in the
    explanatory statement accompanying this Act.
        The referenced explanatory statement under this heading in title II
    of division K of Public Law 110-161 is deemed to be amended by striking
    ``Old Town Boys and Girls Club, Albuquerque, NM, for renovation of the
    existing Old Town Boys and Girls Club accompanied by construction of
    new areas for the Club'' and inserting ``Old Town Boys and Girls Club,
    Albuquerque, NM, for renovation of the Heights Boys and Girls Club''.
        The referenced statement of the managers under this heading
    ``Community Planning and Development'' in title II of division K of
    Public Law 110-161 is deemed to be amended by striking ``Custer County,
    ID for acquisition of an unused middle school building'' and inserting
    ``Custer County, ID, to construct a community center''.
        The referenced explanatory statement under this heading in division
    I of Public Law 111-8 is deemed to be amended with respect to ``Hawaii
    County Office of Housing and Community Development, HI'' by striking
    ``Senior Housing Renovation Project'' and inserting ``Transitional
    Housing Project''.
        The referenced statement of the managers under this heading
    ``Community Planning and Development'' in title II of division I of
    Public Law 111-8 is deemed to be amended by striking ``Custer County,
    ID, to purchase a middle school building'' and inserting ``Custer
    County, ID, to construct a community center''.
        The referenced explanatory statement under the heading ``Community
    Development Fund'' in title II of division K of Public Law 110-161 is
    deemed to be amended with respect to ``Emergency Housing Consortium in
    San Jose, CA'' by striking ``for construction of the Sobrato
    Transitional Center, a residential facility for homeless individuals
    and families'' and inserting ``for improvements to homeless services
    and prevention facilities''.
        Of the amounts made available under this heading, $150,000,000
    shall be made available for a Sustainable Communities Initiative to
    improve regional planning efforts that integrate housing and
    transportation decisions, and increase the capacity to improve land use
    and zoning: Provided, That $100,000,000 shall be for Regional
    Integrated Planning Grants to support the linking of transportation and
    land use planning: Provided further, That not less than $25,000,000 of
    the funding made available for Regional Integrated Planning Grants
    shall be awarded to metropolitan areas of less than 500,000: Provided
    further, That $40,000,000 shall be for Community Challenge Planning
    Grants to foster reform and reduce barriers to achieve affordable,
    economically vital, and sustainable communities: Provided further, That
    before funding is made available for Regional Integrated Planning
    Grants or Community Challenge Planning Grants, the Secretary, in
    coordination with the Secretary of Transportation, shall submit a plan
    to the House and Senate Committees on Appropriations, the Senate
    Committee on Banking and Urban Affairs, and the House Committee on
    Financial Services establishing grant criteria as well as performance
    measures by which the success of grantees will be measured: Provided
    further, That the Secretary will consult with the Secretary of
    Transportation in evaluating grant proposals: Provided further, That up
    to $10,000,000 shall be for a joint Department of Housing and Urban
    Development and Department of Transportation research effort that shall
    include a rigorous evaluation of the Regional Integrated Planning
    Grants and Community Challenge Planning Grants programs: Provided
    further, That of the amounts made available under this heading,
    $25,000,000 shall be made available for the Rural Innovation Fund for
    grants to Indian tribes, State housing finance agencies, State
    community and/or economic development agencies, local rural nonprofits
    and community development corporations to address the problems of
    concentrated rural housing distress and community poverty: Provided
    further, That of the funding made available under the previous proviso,
    at least $5,000,000 shall be made available to promote economic
    development and entrepreneurship for federally recognized Indian
    Tribes, through activities including the capitalization of revolving
    loan programs and business planning and development, funding is also
    made available for technical assistance to increase capacity through
    training and outreach activities: Provided further, That of the amounts
    made available under this heading, $25,000,000 is for grants pursuant
    to section 107 of the Housing and Community Development Act of 1974 (42
    U.S.C. 5307).

             community development loan guarantees program account

        For the cost of guaranteed loans, $6,000,000, to remain available
    until September 30, 2011, as authorized by section 108 of the Housing
    and Community Development Act of 1974 (42 U.S.C. 5308): Provided, That
    such costs, including the cost of modifying such loans, shall be as
    defined in section 502 of the Congressional Budget Act of 1974:
    Provided further, That these funds are available to subsidize total
    loan principal, any part of which is to be guaranteed, not to exceed
    $275,000,000, notwithstanding any aggregate limitation on outstanding
    obligations guaranteed in section 108(k) of the Housing and Community
    Development Act of 1974, as amended.

                           brownfields redevelopment

        For competitive economic development grants, as authorized by
    section 108(q) of the Housing and Community Development Act of 1974, as
    amended, for Brownfields redevelopment projects, $17,500,000, to remain
    available until September 30, 2011: Provided, That no funds made
    available under this heading may be used to establish loan loss
    reserves for the section 108 Community Development Loan Guarantee
    program.

                      home investment partnerships program

        For the HOME investment partnerships program, as authorized under
    title II of the Cranston-Gonzalez National Affordable Housing Act, as
    amended, $1,825,000,000, to remain available until September 30, 2012:
    Provided, That, funds provided in prior appropriations Acts for
    technical assistance, that were made available for Community Housing
    Development Organizations technical assistance, and that still remain
    available, may be used for HOME technical assistance notwithstanding
    the purposes for which such amounts were appropriated.

            self-help and assisted homeownership opportunity program

        For the Self-Help and Assisted Homeownership Opportunity Program,
    as authorized under section 11 of the Housing Opportunity Program
    Extension Act of 1996, as amended, $82,000,000, to remain available
    until September 30, 2012: Provided, That of the total amount provided
    under this heading, $27,000,000 shall be made available to the Self-
    Help and Assisted Homeownership Opportunity Program as authorized under
    section 11 of the Housing Opportunity Program Extension Act of 1996, as
    amended: Provided further, That $50,000,000 shall be made available for
    the second, third and fourth capacity building activities authorized
    under section 4(a) of the HUD Demonstration Act of 1993 (42 U.S.C. 9816
    note), of which not less than $5,000,000 may be made available for
    rural capacity building activities: Provided further, That $5,000,000
    shall be made available for capacity building activities as authorized
    in sections 6301 through 6305 of Public Law 110-246.

                           homeless assistance grants

                         (including transfer of funds)

        For the emergency shelter grants program as authorized under
    subtitle B of title IV of the McKinney-Vento Homeless Assistance Act,
    as amended; the supportive housing program as authorized under subtitle
    C of title IV of such Act; the section 8 moderate rehabilitation single
    room occupancy program as authorized under the United States Housing
    Act of 1937, as amended, to assist homeless individuals pursuant to
    section 441 of the McKinney-Vento Homeless Assistance Act; and the
    shelter plus care program as authorized under subtitle F of title IV of
    such Act, $1,865,000,000, of which $1,860,000,000 shall remain
    available until September 30, 2012, and of which $5,000,000 shall
    remain available until expended for rehabilitation projects with 10-
    year grant terms: Provided, That not less than 30 percent of funds made
    available, excluding amounts provided for renewals under the Shelter
    Plus Care Program and emergency shelter grants, shall be used for
    permanent housing for individuals and families: Provided further, That
    all funds awarded for services shall be matched by not less than 25
    percent in funding by each grantee: Provided further, That for all
    match requirements applicable to funds made available under this
    heading for this fiscal year and prior years, a grantee may use (or
    could have used) as a source of match funds other funds administered by
    the Secretary and other Federal agencies unless there is (or was) a
    specific statutory prohibition on any such use of any such funds:
    Provided further, That the Secretary shall renew on an annual basis
    expiring contracts or amendments to contracts funded under the shelter
    plus care program if the program is determined to be needed under the
    applicable continuum of care and meets appropriate program requirements
    and financial standards, as determined by the Secretary: Provided
    further, That all awards of assistance under this heading shall be
    required to coordinate and integrate homeless programs with other
    mainstream health, social services, and employment programs for which
    homeless populations may be eligible, including Medicaid, State
    Children's Health Insurance Program, Temporary Assistance for Needy
    Families, Food Stamps, and services funding through the Mental Health
    and Substance Abuse Block Grant, Workforce Investment Act, and the
    Welfare-to-Work grant program: Provided further, That up to $6,000,000
    of the funds appropriated under this heading shall be available for the
    national homeless data analysis project: Provided further, That up to
    $12,650,000 of the funds made available under this heading may be
    transferred to and merged with the appropriation for ``Transformation
    Initiative'': Provided further, That all balances for Shelter Plus Care
    renewals previously funded from the Shelter Plus Care Renewal account
    and transferred to this account shall be available, if recaptured, for
    Shelter Plus Care renewals in fiscal year 2010.

                                Housing Programs

                        project-based rental assistance

        For activities and assistance for the provision of project-based
    subsidy contracts under the United States Housing Act of 1937 (42
    U.S.C. 1437 et seq.) (``the Act''), not otherwise provided for,
    $8,157,853,000, to remain available until expended, shall be available
    on October 1, 2009, and $393,672,000, to remain available until
    expended, shall be available on October 1, 2010: Provided, That the
    amounts made available under this heading are provided as follows:
            (1) Up to $8,325,853,000 shall be available for expiring or
        terminating section 8 project-based subsidy contracts (including
        section 8 moderate rehabilitation contracts), for amendments to
        section 8 project-based subsidy contracts (including section 8
        moderate rehabilitation contracts), for contracts entered into
        pursuant to section 441 of the McKinney-Vento Homeless Assistance
        Act (42 U.S.C. 11401), for renewal of section 8 contracts for units
        in projects that are subject to approved plans of action under the
        Emergency Low Income Housing Preservation Act of 1987 or the Low-
        Income Housing Preservation and Resident Homeownership Act of 1990,
        and for administrative and other expenses associated with project-
        based activities and assistance funded under this paragraph.
            (2) Not less than $232,000,000 but not to exceed $258,000,000
        shall be available for performance-based contract administrators
        for section 8 project-based assistance: Provided, That the
        Secretary of Housing and Urban Development may also use such
        amounts for performance-based contract administrators for the
        administration of: interest reduction payments pursuant to section
        236(a) of the National Housing Act (12 U.S.C. 1715z-1(a)); rent
        supplement payments pursuant to section 101 of the Housing and
        Urban Development Act of 1965 (12 U.S.C. 1701s); section 236(f)(2)
        rental assistance payments (12 U.S.C. 1715z-1(f)(2)); project
        rental assistance contracts for the elderly under section 202(c)(2)
        of the Housing Act of 1959 (12 U.S.C. 1701q); project rental
        assistance contracts for supportive housing for persons with
        disabilities under section 811(d)(2) of the Cranston-Gonzalez
        National Affordable Housing Act (42 U.S.C. 8013(d)(2)); project
        assistance contracts pursuant to section 202(h) of the Housing Act
        of 1959 (Public Law 86-372; 73 Stat. 667); and loans under section
        202 of the Housing Act of 1959 (Public Law 86-372; 73 Stat. 667).
            (3) Amounts recaptured under this heading, the heading ``Annual
        Contributions for Assisted Housing'', or the heading ``Housing
        Certificate Fund'' may be used for renewals of or amendments to
        section 8 project-based contracts or for performance-based contract
        administrators, notwithstanding the purposes for which such amounts
        were appropriated.

                            housing for the elderly

        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, $825,000,000, to
    remain available until September 30, 2013, of which up to $582,000,000
    shall be for capital advance and project-based rental assistance
    awards: Provided, That amounts for project rental assistance contracts
    are to remain available for the liquidation of valid obligations for 10
    years following the date of such obligation:  Provided further, That of
    the amount provided under this heading, up to $90,000,000 shall be for
    service coordinators and the continuation of existing congregate
    service grants for residents of assisted housing projects, and of which
    up to $40,000,000 shall be for grants under section 202b of the Housing
    Act of 1959 (12 U.S.C. 1701q-2) for conversion of eligible projects
    under such section to assisted living or related use and for
    substantial and emergency capital repairs as determined by the
    Secretary: Provided further, That of the amount made available under
    this heading, $20,000,000 shall be available to the Secretary of
    Housing and Urban Development only for making competitive grants to
    private nonprofit organizations and consumer cooperatives for covering
    costs of architectural and engineering work, site control, and other
    planning relating to the development of supportive housing for the
    elderly that is eligible for assistance under section 202 of the
    Housing Act of 1959 (12 U.S.C. 1701q): Provided further, That amounts
    under this heading shall be available for Real Estate Assessment Center
    inspections and inspection-related activities associated with section
    202 capital advance projects: Provided further, That the Secretary may
    waive the provisions of section 202 governing the terms and conditions
    of project rental assistance, except that the initial contract term for
    such assistance shall not exceed 5 years in duration.

                     housing for persons with disabilities

        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, $300,000,000, of
    which up to $186,000,000 shall be for capital advances and project-
    based rental assistance contracts, to remain available until September
    30, 2013: Provided, That amounts for project rental assistance
    contracts are to remain available for the liquidation of valid
    obligations for 10 years following the date of such obligation:
    Provided further, That, of the amount provided under this heading,
    $87,100,000 shall be for amendments or renewal of tenant-based
    assistance contracts entered into prior to fiscal year 2005 (only one
    amendment authorized for any such contract): Provided further, That all
    tenant-based assistance made available under this heading shall
    continue to remain available only to persons with disabilities:
    Provided further, That the Secretary may waive the provisions of
    section 811 governing the terms and conditions of project rental
    assistance and tenant-based assistance, except that the initial
    contract term for such assistance shall not exceed 5 years in duration:
    Provided further, That amounts made available under this heading shall
    be available for Real Estate Assessment Center inspections and
    inspection-related activities associated with section 811 Capital
    Advance Projects.

                         Housing Counseling Assistance

        For contracts, grants, and other assistance excluding loans, as
    authorized under section 106 of the Housing and Urban Development Act
    of 1968, as amended, $87,500,000, including up to $2,500,000 for
    administrative contract services, to remain available until September
    30, 2011: Provided, That funds shall be used for providing counseling
    and advice to tenants and homeowners, both current and prospective,
    with respect to property maintenance, financial management/literacy,
    and such other matters as may be appropriate to assist them in
    improving their housing conditions, meeting their financial needs, and
    fulfilling the responsibilities of tenancy or homeownership; for
    program administration; and for housing counselor training: Provided
    further, That of the amounts made available under this heading, not
    less than $13,500,000 shall be awarded to HUD-certified housing
    counseling agencies located in the 100 metropolitan statistical areas
    with the highest rate of home foreclosures for the purpose of assisting
    homeowners with inquiries regarding mortgage-modification assistance
    and mortgage scams.

                             energy innovation fund

        For an Energy Innovation Fund to enable the Federal Housing
    Administration and the new Office of Sustainability to catalyze
    innovations in the residential energy efficiency sector that have
    promise of replicability and help create a standardized home energy
    efficient retrofit market, $50,000,000, to remain available until
    September 30, 2013: Provided, That $25,000,000 shall be for the Energy
    Efficient Mortgage Innovation pilot program, directed at the single
    family housing market: Provided further, That $25,000,000 shall be for
    the Multifamily Energy Pilot, directed at the multifamily housing
    market.

                        other assisted housing programs

                           rental housing assistance

        For amendments to contracts under section 101 of the Housing and
    Urban Development Act of 1965 (12 U.S.C. 1701s) and section 236(f)(2)
    of the National Housing Act (12 U.S.C. 1715z-1) in State-aided, non-
    insured rental housing projects, $40,000,000, to remain available until
    expended.

                                rent supplement

                                  (rescission)

        Of the amounts recaptured from terminated contracts under section
    101 of the Housing and Urban Development Act of 1965 (12 U.S.C. 1701s)
    and section 236 of the National Housing Act (12 U.S.C. 1715z-1)
    $72,036,000 are rescinded: Provided, That no amounts may be rescinded
    from amounts that were designated by the Congress as an emergency
    requirement pursuant to the Concurrent Resolution on the Budget or the
    Balanced Budget and Emergency Deficit Control Act of 1985, as amended.

                payment to manufactured housing fees trust fund

        For necessary expenses as authorized by the National Manufactured
    Housing Construction and Safety Standards Act of 1974 (42 U.S.C. 5401
    et seq.), up to $16,000,000, to remain available until expended, of
    which $7,000,000 is to be derived from the Manufactured Housing Fees
    Trust Fund: Provided, That not to exceed the total amount appropriated
    under this heading shall be available from the general fund of the
    Treasury to the extent necessary to incur obligations and make
    expenditures pending the receipt of collections to the Fund pursuant to
    section 620 of such Act: Provided further, That the amount made
    available under this heading from the general fund shall be reduced as
    such collections are received during fiscal year 2010 so as to result
    in a final fiscal year 2010 appropriation from the general fund
    estimated at not more than $9,000,000 and fees pursuant to such section
    620 shall be modified as necessary to ensure such a final fiscal year
    2010 appropriation: Provided further, That for the dispute resolution
    and installation programs, the Secretary of Housing and Urban
    Development may assess and collect fees from any program participant:
    Provided further, That such collections shall be deposited into the
    Fund, and the Secretary, as provided herein, may use such collections,
    as well as fees collected under section 620, for necessary expenses of
    such Act: Provided further, That notwithstanding the requirements of
    section 620 of such Act, the Secretary may carry out responsibilities
    of the Secretary under such Act through the use of approved service
    providers that are paid directly by the recipients of their services.

                         Federal Housing Administration

                   mutual mortgage insurance program account

                         (including transfer of funds)

        During fiscal year 2010, commitments to guarantee single family
    loans insured under the Mutual Mortgage Insurance Fund shall not exceed
    a loan principal of $400,000,000,000: Provided, That for new loans
    guaranteed pursuant to section 255 of the National Housing Act (12
    U.S.C. 1715z-20), the Secretary shall adjust the factors used to
    calculate the principal limit (as such term is defined in HUD Handbook
    4235.1) that were assumed in the President's Budget Request for 2010
    for such loans, as necessary to ensure that the program operates at a
    net zero subsidy rate: Provided further, That during fiscal year 2010,
    obligations to make direct loans to carry out the purposes of section
    204(g) of the National Housing Act, as amended, shall not exceed
    $50,000,000: Provided further, That the foregoing amount shall be for
    loans to nonprofit and governmental entities in connection with sales
    of single family real properties owned by the Secretary and formerly
    insured under the Mutual Mortgage Insurance Fund. For administrative
    contract expenses of the Federal Housing Administration, $188,900,000,
    of which up to $70,794,000 may be transferred to the Working Capital
    Fund, and of which up to $7,500,000 shall be for education and outreach
    of FHA single family loan products: Provided further, That to the
    extent guaranteed loan commitments exceed $200,000,000,000 on or before
    April 1, 2010, an additional $1,400 for administrative contract
    expenses shall be available for each $1,000,000 in additional
    guaranteed loan commitments (including a pro rata amount for any amount
    below $1,000,000), but in no case shall funds made available by this
    proviso exceed $30,000,000.

                    general and special risk program account

        For the cost of guaranteed loans, as authorized by sections 238 and
    519 of the National Housing Act (12 U.S.C. 1715z-3 and 1735c),
    including the cost of loan guarantee modifications, as that term is
    defined in section 502 of the Congressional Budget Act of 1974, as
    amended, $8,600,000, to remain available until expended: Provided, That
    commitments to guarantee loans shall not exceed $15,000,000,000 in
    total loan principal, any part of which is to be guaranteed.
        Gross obligations for the principal amount of direct loans, as
    authorized by sections 204(g), 207(l), 238, and 519(a) of the National
    Housing Act, shall not exceed $20,000,000, which shall be for loans to
    nonprofit and governmental entities in connection with the sale of
    single-family real properties owned by the Secretary and formerly
    insured under such Act.

                    Government National Mortgage Association

    guarantees of mortgage-backed securities loan guarantee program account

        New commitments to issue guarantees to carry out the purposes of
    section 306 of the National Housing Act, as amended (12 U.S.C.
    1721(g)), shall not exceed $500,000,000,000, to remain available until
    September 30, 2011.

                        Policy Development and Research

                            research and technology

        For contracts, grants, and necessary expenses of programs of
    research and studies relating to housing and urban problems, not
    otherwise provided for, as authorized by title V of the Housing and
    Urban Development Act of 1970 (12 U.S.C. 1701z-1 et seq.), including
    carrying out the functions of the Secretary of Housing and Urban
    Development under section 1(a)(1)(I) of Reorganization Plan No. 2 of
    1968, $48,000,000, to remain available until September 30, 2011.

                       Fair Housing and Equal Opportunity

                            fair housing activities

        For contracts, grants, and other assistance, not otherwise provided
    for, as authorized by title VIII of the Civil Rights Act of 1968, as
    amended by the Fair Housing Amendments Act of 1988, and section 561 of
    the Housing and Community Development Act of 1987, as amended,
    $72,000,000, to remain available until September 30, 2011, of which
    $42,500,000 shall be to carry out activities pursuant to such section
    561: Provided, That notwithstanding 31 U.S.C. 3302, the Secretary may
    assess and collect fees to cover the costs of the Fair Housing Training
    Academy, and may use such funds to provide such training: Provided
    further, That no funds made available under this heading shall be used
    to lobby the executive or legislative branches of the Federal
    Government in connection with a specific contract, grant or loan:
    Provided further, That of the funds made available under this heading,
    $500,000 shall be available to the Secretary of Housing and Urban
    Development for the creation and promotion of translated materials and
    other programs that support the assistance of persons with limited
    English proficiency in utilizing the services provided by the
    Department of Housing and Urban Development.

                Office of Lead Hazard Control and Healthy Homes

                             lead hazard reduction

        For the Lead Hazard Reduction Program, as Authorized by section
    1011 of the Residential Lead-Based Paint Hazard Reduction Act of 1992,
    $140,000,000, to remain available until September 30, 2011, of which
    not less than $20,000,000 shall be for the Healthy Homes Initiative,
    pursuant to sections 501 and 502 of the Housing and Urban Development
    Act of 1970 that shall include research, studies, testing, and
    demonstration efforts, including education and outreach concerning
    lead-based paint poisoning and other housing-related diseases and
    hazards: Provided, That for purposes of environmental review, pursuant
    to the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
    seq.) and other provisions of the law that further the purposes of such
    Act, a grant under the Healthy Homes Initiative, Operation Lead
    Elimination Action Plan (LEAP), or the Lead Technical Studies program
    under this heading or under prior appropriations Acts for such purposes
    under this heading, shall be considered to be funds for a special
    project for purposes of section 305(c) of the Multifamily Housing
    Property Disposition Reform Act of 1994: Provided further, That of the
    total amount made available under this heading, $48,000,000 shall be
    made available on a competitive basis for areas with the highest lead
    paint abatement needs: Provided further, That each recipient of funds
    provided under the second proviso shall make a matching contribution in
    an amount not less than 25 percent: Provided further, That the
    Secretary may waive the matching requirement cited in the preceding
    proviso on a case by case basis if the Secretary determines that such a
    waiver is necessary to advance the purposes of this program: Provided
    further, That each applicant shall submit a detailed plan and strategy
    that demonstrates adequate capacity that is acceptable to the Secretary
    to carry out the proposed use of funds pursuant to a notice of funding
    availability: Provided further, That amounts made available under this
    heading in this or prior appropriations Acts, and that still remain
    available, may be used for any purpose under this heading
    notwithstanding the purpose for which such amounts were appropriated if
    a program competition is undersubscribed and there are other program
    competitions under this heading that are oversubscribed.

                         Management and Administration

                              working capital fund

                         (including transfer of funds)

        For additional capital for the Working Capital Fund (42 U.S.C.
    3535) for the maintenance of infrastructure for Department-wide
    information technology systems, for the continuing operation and
    maintenance of both Department-wide and program-specific information
    systems, and for program-related maintenance activities, $200,000,000,
    to remain available until September 30, 2011: Provided, That any
    amounts transferred to this Fund under this Act shall remain available
    until expended: Provided further, That any amounts transferred to this
    Fund from amounts appropriated by previously enacted appropriations
    Acts or from within this Act may be used only for the purposes
    specified under this Fund, in addition to the purposes for which such
    amounts were appropriated: Provided further, That up to $15,000,000 may
    be transferred to this account from all other accounts in this title
    (except for the Office of the Inspector General account) that make
    funds available for salaries and expenses.

                          office of inspector general

        For necessary salaries and expenses of the Office of Inspector
    General in carrying out the Inspector General Act of 1978, as amended,
    $125,000,000: Provided, That the Inspector General shall have
    independent authority over all personnel issues within this office.

                           transformation initiative

                         (including transfer of funds)

        For necessary expenses for combating mortgage fraud, $20,000,000,
    to remain available until expended.
        In addition, of the amounts made available in this Act under each
    of the following headings under this title, the Secretary may transfer
    to, and merge with, this account up to 1 percent from each such
    account, and such transferred amounts shall be available until
    September 30, 2012, for (1) research, evaluation, and program metrics;
    (2) program demonstrations; (3) technical assistance and capacity
    building; and (4) information technology: ``Public Housing Capital
    Fund'', ``Revitalization of Severely Distressed Public Housing'',
    ``Brownfields Redevelopment'', ``Section 108 Loan Guarantees'',
    ``Energy Innovation Fund'', ``Housing Opportunities for Persons With
    AIDS'', ``Community Development Fund'', ``HOME Investment Partnerships
    Program'', ``Self-Help and Assisted Homeownership Opportunity
    Program'', ``Housing for the Elderly'', ``Housing for Persons With
    Disabilities'', ``Housing Counseling Assistance'', ``Payment to
    Manufactured Housing Fees Trust Fund'', ``Mutual Mortgage Insurance
    Program Account'', ``General and Special Risk Program Account'',
    ``Research and Technology'', ``Lead Hazard Reduction'', ``Rental
    Housing Assistance'', and ``Fair Housing Activities'': Provided, That
    of the amounts made available under this paragraph, not less than
    $80,000,000 and not more than $180,000,000 shall be available for
    information technology modernization, including development and
    deployment of a Next Generation of Voucher Management System and
    development and deployment of modernized Federal Housing Administration
    systems: Provided further, That not more than 25 percent of the funds
    made available for information technology modernization may be
    obligated until the Secretary submits to the Committees on
    Appropriations a plan for expenditure that (1) identifies for each
    modernization project (a) the functional and performance capabilities
    to be delivered and the mission benefits to be realized, (b) the
    estimated lifecycle cost, and (c) key milestones to be met; (2)
    demonstrates that each modernization project is (a) compliant with the
    department's enterprise architecture, (b) being managed in accordance
    with applicable lifecycle management policies and guidance, (c) subject
    to the department's capital planning and investment control
    requirements, and (d) supported by an adequately staffed project
    office; and (3) has been reviewed by the Government Accountability
    Office: Provided further, That of the amounts made available under this
    paragraph, not less than $45,000,000 shall be available for technical
    assistance and capacity building: Provided further, That technical
    assistance activities shall include, technical assistance for HUD
    programs, including HOME, Community Development Block Grant, homeless
    programs, HOPWA, HOPE VI, Public Housing, the Housing Choice Voucher
    Program, Fair Housing Initiative Program, Housing Counseling, Healthy
    Homes, Sustainable Communities, Energy Innovation Fund and other
    technical assistance as determined by the Secretary: Provided further,
    That of the amounts made available for research, evaluation and program
    metrics and program demonstrations, the Secretary shall include an
    assessment of the housing needs of Native Americans, including
    sustainable building practices: Provided further, That of the amounts
    made available for research, evaluation and program metrics and program
    demonstrations, the Secretary shall include an evaluation of the
    Moving-to-Work demonstration program: Provided further, That the
    Secretary shall submit a plan to the House and Senate Committees on
    Appropriations for approval detailing how the funding provided under
    this heading will be allocated to each of the four categories
    identified under this heading and for what projects or activities
    funding will be used: Provided further, That following the initial
    approval of this plan, the Secretary may amend the plan with the
    approval of the House and Senate Committees on Appropriations.

        General Provisions--Department of Housing and Urban Development

        Sec. 201.  Fifty percent of the amounts of budget authority, or in
    lieu thereof 50 percent of the cash amounts associated with such budget
    authority, that are recaptured from projects described in section
    1012(a) of the Stewart B. McKinney Homeless Assistance Amendments Act
    of 1988 (42 U.S.C. 1437 note) shall be rescission or in the case of
    cash, shall be remitted to the Treasury, and such amounts of budget
    authority or cash recaptured and not rescission or remitted to the
    Treasury shall be used by State housing finance agencies or local
    governments or local housing agencies with projects approved by the
    Secretary of Housing and Urban Development for which settlement
    occurred after January 1, 1992, in accordance with such section.
    Notwithstanding the previous sentence, the Secretary may award up to 15
    percent of the budget authority or cash recaptured and not rescission
    or remitted to the Treasury to provide project owners with incentives
    to refinance their project at a lower interest rate.
        Sec. 202.  None of the amounts made available under this Act may be
    used during fiscal year 2010 to investigate or prosecute under the Fair
    Housing Act any otherwise lawful activity engaged in by one or more
    persons, including the filing or maintaining of a non-frivolous legal
    action, that is engaged in solely for the purpose of achieving or
    preventing action by a Government official or entity, or a court of
    competent jurisdiction.
        Sec. 203. (a) Notwithstanding section 854(c)(1)(A) of the AIDS
    Housing Opportunity Act (42 U.S.C. 12903(c)(1)(A)), from any amounts
    made available under this title for fiscal year 2010 that are allocated
    under such section, the Secretary of Housing and Urban Development
    shall allocate and make a grant, in the amount determined under
    subsection (b), for any State that--
            (1) received an allocation in a prior fiscal year under clause
        (ii) of such section; and
            (2) is not otherwise eligible for an allocation for fiscal year
        2010 under such clause (ii) because the areas in the State outside
        of the metropolitan statistical areas that qualify under clause (i)
        in fiscal year 2010 do not have the number of cases of acquired
        immunodeficiency syndrome (AIDS) required under such clause.
        (b) The amount of the allocation and grant for any State described
    in subsection (a) shall be an amount based on the cumulative number of
    AIDS cases in the areas of that State that are outside of metropolitan
    statistical areas that qualify under clause (i) of such section
    854(c)(1)(A) in fiscal year 2010, in proportion to AIDS cases among
    cities and States that qualify under clauses (i) and (ii) of such
    section and States deemed eligible under subsection (a).
        (c) Notwithstanding any other provision of law, the amount
    allocated for fiscal year 2010 under section 854(c) of the AIDS Housing
    Opportunity Act (42 U.S.C. 12903(c)), to the City of New York, New
    York, on behalf of the New York-Wayne-White Plains, New York-New Jersey
    Metropolitan Division (hereafter ``metropolitan division'') of the New
    York-Newark-Edison, NY-NJ-PA Metropolitan Statistical Area, shall be
    adjusted by the Secretary of Housing and Urban Development by: (1)
    allocating to the City of Jersey City, New Jersey, the proportion of
    the metropolitan area's or division's amount that is based on the
    number of cases of AIDS reported in the portion of the metropolitan
    area or division that is located in Hudson County, New Jersey, and
    adjusting for the proportion of the metropolitan division's high
    incidence bonus if this area in New Jersey also has a higher than
    average per capita incidence of AIDS; and (2) allocating to the City of
    Paterson, New Jersey, the proportion of the metropolitan area's or
    division's amount that is based on the number of cases of AIDS reported
    in the portion of the metropolitan area or division that is located in
    Bergen County and Passaic County, New Jersey, and adjusting for the
    proportion of the metropolitan division's high incidence bonus if this
    area in New Jersey also has a higher than average per capita incidence
    of AIDS. The recipient cities shall use amounts allocated under this
    subsection to carry out eligible activities under section 855 of the
    AIDS Housing Opportunity Act (42 U.S.C. 12904) in their respective
    portions of the metropolitan division that is located in New Jersey.
        (d) Notwithstanding any other provision of law, the amount
    allocated for fiscal year 2010 under section 854(c) of the AIDS Housing
    Opportunity Act (42 U.S.C. 12903(c)) to areas with a higher than
    average per capita incidence of AIDS, shall be adjusted by the
    Secretary on the basis of area incidence reported over a 3-year period.
        Sec. 204.  Except as explicitly provided in law, any grant,
    cooperative agreement or other assistance made pursuant to title II of
    this Act shall be made on a competitive basis and in accordance with
    section 102 of the Department of Housing and Urban Development Reform
    Act of 1989 (42 U.S.C. 3545).
        Sec. 205.  Funds of the Department of Housing and Urban Development
    subject to the Government Corporation Control Act or section 402 of the
    Housing Act of 1950 shall be available, without regard to the
    limitations on administrative expenses, for legal services on a
    contract or fee basis, and for utilizing and making payment for
    services and facilities of the Federal National Mortgage Association,
    Government National Mortgage Association, Federal Home Loan Mortgage
    Corporation, Federal Financing Bank, Federal Reserve banks or any
    member thereof, Federal Home Loan banks, and any insured bank within
    the meaning of the Federal Deposit Insurance Corporation Act, as
    amended (12 U.S.C. 1811-1).
        Sec. 206.  Unless otherwise provided for in this Act or through a
    reprogramming of funds, no part of any appropriation for the Department
    of Housing and Urban Development shall be available for any program,
    project or activity in excess of amounts set forth in the budget
    estimates submitted to Congress.
        Sec. 207.  Corporations and agencies of the Department of Housing
    and Urban Development which are subject to the Government Corporation
    Control Act, are hereby authorized to make such expenditures, within
    the limits of funds and borrowing authority available to each such
    corporation or agency and in accordance with law, and to make such
    contracts and commitments without regard to fiscal year limitations as
    provided by section 104 of such Act as may be necessary in carrying out
    the programs set forth in the budget for 2010 for such corporation or
    agency except as hereinafter provided: Provided, That collections of
    these corporations and agencies may be used for new loan or mortgage
    purchase commitments only to the extent expressly provided for in this
    Act (unless such loans are in support of other forms of assistance
    provided for in this or prior appropriations Acts), except that this
    proviso shall not apply to the mortgage insurance or guaranty
    operations of these corporations, or where loans or mortgage purchases
    are necessary to protect the financial interest of the United States
    Government.
        Sec. 208.  The Secretary of Housing and Urban Development shall
    provide quarterly reports to the House and Senate Committees on
    Appropriations regarding all uncommitted, unobligated, recaptured and
    excess funds in each program and activity within the jurisdiction of
    the Department and shall submit additional, updated budget information
    to these Committees upon request.
        Sec. 209. (a) Notwithstanding any other provision of law, the
    amount allocated for fiscal year 2010 under section 854(c) of the AIDS
    Housing Opportunity Act (42 U.S.C. 12903(c)), to the City of
    Wilmington, Delaware, on behalf of the Wilmington, Delaware-Maryland-
    New Jersey Metropolitan Division (hereafter ``metropolitan division''),
    shall be adjusted by the Secretary of Housing and Urban Development by
    allocating to the State of New Jersey the proportion of the
    metropolitan division's amount that is based on the number of cases of
    AIDS reported in the portion of the metropolitan division that is
    located in New Jersey, and adjusting for the proportion of the
    metropolitan division's high incidence bonus if this area in New Jersey
    also has a higher than average per capita incidence of AIDS. The State
    of New Jersey shall use amounts allocated to the State under this
    subsection to carry out eligible activities under section 855 of the
    AIDS Housing Opportunity Act (42 U.S.C. 12904) in the portion of the
    metropolitan division that is located in New Jersey.
        (b) Notwithstanding any other provision of law, the Secretary of
    Housing and Urban Development shall allocate to Wake County, North
    Carolina, the amounts that otherwise would be allocated for fiscal year
    2010 under section 854(c) of the AIDS Housing Opportunity Act (42
    U.S.C. 12903(c)) to the City of Raleigh, North Carolina, on behalf of
    the Raleigh-Cary, North Carolina Metropolitan Statistical Area. Any
    amounts allocated to Wake County shall be used to carry out eligible
    activities under section 855 of such Act (42 U.S.C. 12904) within such
    metropolitan statistical area.
        (c) Notwithstanding section 854(c) of the AIDS Housing Opportunity
    Act (42 U.S.C. 12903(c)), the Secretary of Housing and Urban
    Development may adjust the allocation of the amounts that otherwise
    would be allocated for fiscal year 2010 under section 854(c) of such
    Act, upon the written request of an applicant, in conjunction with the
    State(s), for a formula allocation on behalf of a metropolitan
    statistical area, to designate the State or States in which the
    metropolitan statistical area is located as the eligible grantee(s) of
    the allocation. In the case that a metropolitan statistical area
    involves more than one State, such amounts allocated to each State
    shall be in proportion to the number of cases of AIDS reported in the
    portion of the metropolitan statistical area located in that State. Any
    amounts allocated to a State under this section shall be used to carry
    out eligible activities within the portion of the metropolitan
    statistical area located in that State.
        Sec. 210.  The President's formal budget request for fiscal year
    2011, as well as the Department of Housing and Urban Development's
    congressional budget justifications to be submitted to the Committees
    on Appropriations of the House of Representatives and the Senate, shall
    use the identical account and sub-account structure provided under this
    Act.
        Sec. 211.  A public housing agency or such other entity that
    administers Federal housing assistance for the Housing Authority of the
    county of Los Angeles, California, the States of Alaska, Iowa, and
    Mississippi shall not be required to include a resident of public
    housing or a recipient of assistance provided under section 8 of the
    United States Housing Act of 1937 on the board of directors or a
    similar governing board of such agency or entity as required under
    section (2)(b) of such Act. Each public housing agency or other entity
    that administers Federal housing assistance under section 8 for the
    Housing Authority of the county of Los Angeles, California and the
    States of Alaska, Iowa and Mississippi that chooses not to include a
    resident of Public Housing or a recipient of section 8 assistance on
    the board of directors or a similar governing board shall establish an
    advisory board of not less than six residents of public housing or
    recipients of section 8 assistance to provide advice and comment to the
    public housing agency or other administering entity on issues related
    to public housing and section 8. Such advisory board shall meet not
    less than quarterly.
        Sec. 212. (a) Notwithstanding any other provision of law, subject
    to the conditions listed in subsection (b), for fiscal years 2010 and
    2011, the Secretary of Housing and Urban Development may authorize the
    transfer of some or all project-based assistance, debt and statutorily
    required low-income and very low-income use restrictions, associated
    with one or more multifamily housing project to another multifamily
    housing project or projects.
        (b) The transfer authorized in subsection (a) is subject to the
    following conditions:
            (1) The number of low-income and very low-income units and the
        net dollar amount of Federal assistance provided by the
        transferring project shall remain the same in the receiving project
        or projects.
            (2) The transferring project shall, as determined by the
        Secretary, be either physically obsolete or economically non-
        viable.
            (3) The receiving project or projects shall meet or exceed
        applicable physical standards established by the Secretary.
            (4) The owner or mortgagor of the transferring project shall
        notify and consult with the tenants residing in the transferring
        project and provide a certification of approval by all appropriate
        local governmental officials.
            (5) The tenants of the transferring project who remain eligible
        for assistance to be provided by the receiving project or projects
        shall not be required to vacate their units in the transferring
        project or projects until new units in the receiving project are
        available for occupancy.
            (6) The Secretary determines that this transfer is in the best
        interest of the tenants.
            (7) If either the transferring project or the receiving project
        or projects meets the condition specified in subsection (c)(2)(A),
        any lien on the receiving project resulting from additional
        financing obtained by the owner shall be subordinate to any FHA-
        insured mortgage lien transferred to, or placed on, such project by
        the Secretary.
            (8) If the transferring project meets the requirements of
        subsection (c)(2)(E), the owner or mortgagor of the receiving
        project or projects shall execute and record either a continuation
        of the existing use agreement or a new use agreement for the
        project where, in either case, any use restrictions in such
        agreement are of no lesser duration than the existing use
        restrictions.
            (9) Any financial risk to the FHA General and Special Risk
        Insurance Fund, as determined by the Secretary, would be reduced as
        a result of a transfer completed under this section.
            (10) The Secretary determines that Federal liability with
        regard to this project will not be increased.
        (c) For purposes of this section--
            (1) the terms ``low-income'' and ``very low-income'' shall have
        the meanings provided by the statute and/or regulations governing
        the program under which the project is insured or assisted;
            (2) the term ``multifamily housing project'' means housing that
        meets one of the following conditions--
                (A) housing that is subject to a mortgage insured under the
            National Housing Act;
                (B) housing that has project-based assistance attached to
            the structure including projects undergoing mark to market debt
            restructuring under the Multifamily Assisted Housing Reform and
            Affordability Housing Act;
                (C) housing that is assisted under section 202 of the
            Housing Act of 1959 as amended by section 801 of the Cranston-
            Gonzales National Affordable Housing Act;
                (D) housing that is assisted under section 202 of the
            Housing Act of 1959, as such section existed before the
            enactment of the Cranston-Gonzales National Affordable Housing
            Act; or
                (E) housing or vacant land that is subject to a use
            agreement;
            (3) the term ``project-based assistance'' means--
                (A) assistance provided under section 8(b) of the United
            States Housing Act of 1937;
                (B) assistance for housing constructed or substantially
            rehabilitated pursuant to assistance provided under section
            8(b)(2) of such Act (as such section existed immediately before
            October 1, 1983);
                (C) rent supplement payments under section 101 of the
            Housing and Urban Development Act of 1965;
                (D) interest reduction payments under section 236 and/or
            additional assistance payments under section 236(f)(2) of the
            National Housing Act; and
                (E) assistance payments made under section 202(c)(2) of the
            Housing Act of 1959;
            (4) the term ``receiving project or projects'' means the
        multifamily housing project or projects to which some or all of the
        project-based assistance, debt, and statutorily required use low-
        income and very low-income restrictions are to be transferred;
            (5) the term ``transferring project'' means the multifamily
        housing project which is transferring some or all of the project-
        based assistance, debt and the statutorily required low-income and
        very low-income use restrictions to the receiving project or
        projects; and
            (6) the term ``Secretary'' means the Secretary of Housing and
        Urban Development.
        Sec. 213.  The funds made available for Native Alaskans under the
    heading ``Native American Housing Block Grants'' in title III of this
    Act shall be allocated to the same Native Alaskan housing block grant
    recipients that received funds in fiscal year 2005.
        Sec. 214.  No funds provided under this title may be used for an
    audit of the Government National Mortgage Association that makes
    applicable requirements under the Federal Credit Reform Act of 1990 (2
    U.S.C. 661 et seq.).
        Sec. 215. (a) No assistance shall be provided under section 8 of
    the United States Housing Act of 1937 (42 U.S.C. 1437f) to any
    individual who--
            (1) is enrolled as a student at an institution of higher
        education (as defined under section 102 of the Higher Education Act
        of 1965 (20 U.S.C. 1002));
            (2) is under 24 years of age;
            (3) is not a veteran;
            (4) is unmarried;
            (5) does not have a dependent child;
            (6) is not a person with disabilities, as such term is defined
        in section 3(b)(3)(E) of the United States Housing Act of 1937 (42
        U.S.C. 1437a(b)(3)(E)) and was not receiving assistance under such
        section 8 as of November 30, 2005; and
            (7) is not otherwise individually eligible, or has parents who,
        individually or jointly, are not eligible, to receive assistance
        under section 8 of the United States Housing Act of 1937 (42 U.S.C.
        1437f).
        (b) For purposes of determining the eligibility of a person to
    receive assistance under section 8 of the United States Housing Act of
    1937 (42 U.S.C. 1437f), any financial assistance (in excess of amounts
    received for tuition) that an individual receives under the Higher
    Education Act of 1965 (20 U.S.C. 1001 et seq.), from private sources,
    or an institution of higher education (as defined under the Higher
    Education Act of 1965 (20 U.S.C. 1002)), shall be considered income to
    that individual, except for a person over the age of 23 with dependent
    children.
        Sec. 216.  Notwithstanding the limitation in the first sentence of
    section 255(g) of the National Housing Act (12 U.S.C. 1715z-g)), the
    Secretary of Housing and Urban Development may, until September 30,
    2010, insure and enter into commitments to insure mortgages under
    section 255(g) of the National Housing Act (12 U.S.C. 1715z-20).
        Sec. 217.  Notwithstanding any other provision of law, in fiscal
    year 2010, in managing and disposing of any multifamily property that
    is owned or has a mortgage held by the Secretary of Housing and Urban
    Development, the Secretary shall maintain any rental assistance
    payments under section 8 of the United States Housing Act of 1937 and
    other programs that are attached to any dwelling units in the property.
    To the extent the Secretary determines, in consultation with the
    tenants and the local government, that such a multifamily property
    owned or held by the Secretary is not feasible for continued rental
    assistance payments under such section 8 or other programs, based on
    consideration of (1) the costs of rehabilitating and operating the
    property and all available Federal, State, and local resources,
    including rent adjustments under section 524 of the Multifamily
    Assisted Housing Reform and Affordability Act of 1997 (``MAHRAA'') and
    (2) environmental conditions that cannot be remedied in a cost-
    effective fashion, the Secretary may, in consultation with the tenants
    of that property, contract for project-based rental assistance payments
    with an owner or owners of other existing housing properties, or
    provide other rental assistance. The Secretary shall also take
    appropriate steps to ensure that project-based contracts remain in
    effect prior to foreclosure, subject to the exercise of contractual
    abatement remedies to assist relocation of tenants for imminent major
    threats to health and safety. After disposition of any multifamily
    property described under this section, the contract and allowable rent
    levels on such properties shall be subject to the requirements under
    section 524 of MAHRAA.
        Sec. 218.  During fiscal year 2010, in the provision of rental
    assistance under section 8(o) of the United States Housing Act of 1937
    (42 U.S.C. 1437f(o)) in connection with a program to demonstrate the
    economy and effectiveness of providing such assistance for use in
    assisted living facilities that is carried out in the counties of the
    State of Michigan notwithstanding paragraphs (3) and (18)(B)(iii) of
    such section 8(o), a family residing in an assisted living facility in
    any such county, on behalf of which a public housing agency provides
    assistance pursuant to section 8(o)(18) of such Act, may be required,
    at the time the family initially receives such assistance, to pay rent
    in an amount exceeding 40 percent of the monthly adjusted income of the
    family by such a percentage or amount as the Secretary of Housing and
    Urban Development determines to be appropriate.
        Sec. 219.  The Secretary of Housing and Urban Development shall
    report quarterly to the House of Representatives and Senate Committees
    on Appropriations on HUD's use of all sole source contracts, including
    terms of the contracts, cost, and a substantive rationale for using a
    sole source contract.
        Sec. 220.  Notwithstanding any other provision of law, the
    recipient of a grant under section 202b of the Housing Act of 1959 (12
    U.S.C. 1701q) after December 26, 2000, in accordance with the
    unnumbered paragraph at the end of section 202(b) of such Act, may, at
    its option, establish a single-asset nonprofit entity to own the
    project and may lend the grant funds to such entity, which may be a
    private nonprofit organization described in section 831 of the American
    Homeownership and Economic Opportunity Act of 2000.
        Sec. 221. (a) The amounts provided under the subheading ``Program
    Account'' under the heading ``Community Development Loan Guarantees''
    may be used to guarantee, or make commitments to guarantee, notes, or
    other obligations issued by any State on behalf of non-entitlement
    communities in the State in accordance with the requirements of section
    108 of the Housing and Community Development Act of 1974: Provided,
    That, any State receiving such a guarantee or commitment shall
    distribute all funds subject to such guarantee to the units of general
    local government in non-entitlement areas that received the commitment.
        (b) Not later than 60 days after the date of enactment of this Act,
    the Secretary of Housing and Urban Development shall promulgate
    regulations governing the administration of the funds described under
    subsection (a).
        Sec. 222.  Section 24 of the United States Housing Act of 1937 (42
    U.S.C. 1437v) is amended--
            (1) in subsection (m)(1), by striking ``fiscal year'' and all
        that follows through the period at the end and inserting ``fiscal
        year 2010.''; and
            (2) in subsection (o), by striking ``September'' and all that
        follows through the period at the end and inserting ``September 30,
        2010.''.
        Sec. 223.  Public housing agencies that own and operate 400 or
    fewer public housing units may elect to be exempt from any asset
    management requirement imposed by the Secretary of Housing and Urban
    Development in connection with the operating fund rule: Provided, That
    an agency seeking a discontinuance of a reduction of subsidy under the
    operating fund formula shall not be exempt from asset management
    requirements.
        Sec. 224.  With respect to the use of amounts provided in this Act
    and in future Acts for the operation, capital improvement and
    management of public housing as authorized by sections 9(d) and 9(e) of
    the United States Housing Act of 1937 (42 U.S.C. 1437g(d) and (e)), the
    Secretary shall not impose any requirement or guideline relating to
    asset management that restricts or limits in any way the use of capital
    funds for central office costs pursuant to section 9(g)(1) or 9(g)(2)
    of the United States Housing Act of 1937 (42 U.S.C. 1437g(g)(1), (2)):
    Provided, That a public housing agency may not use capital funds
    authorized under section 9(d) for activities that are eligible under
    section 9(e) for assistance with amounts from the operating fund in
    excess of the amounts permitted under section 9(g)(1) or 9(g)(2).
        Sec. 225.  No official or employee of the Department of Housing and
    Urban Development shall be designated as an allotment holder unless the
    Office of the Chief Financial Officer has determined that such
    allotment holder has implemented an adequate system of funds control
    and has received training in funds control procedures and directives.
    The Chief Financial Officer shall ensure that, not later than 90 days
    after the date of enactment of this Act, a trained allotment holder
    shall be designated for each HUD subaccount under the headings
    ``Executive Direction'' and heading ``Administration, Operations, and
    Management'' as well as each account receiving appropriations for
    ``personnel compensation and benefits'' within the Department of
    Housing and Urban Development.
        Sec. 226.  The Secretary of Housing and Urban Development shall
    report quarterly to the House of Representatives and Senate Committees
    on Appropriations on the status of all section 8 project-based housing,
    including the number of all project-based units by region as well as an
    analysis of all federally subsidized housing being refinanced under the
    Mark-to-Market program. The Secretary shall in the report identify all
    existing units maintained by region as section 8 project-based units
    and all project-based units that have opted out of section 8 or have
    otherwise been eliminated as section 8 project-based units. The
    Secretary shall identify in detail and by project all the efforts made
    by the Department to preserve all section 8 project-based housing units
    and all the reasons for any units which opted out or otherwise were
    lost as section 8 project-based units. Such analysis shall include a
    review of the impact of the loss of any subsidized units in that
    housing marketplace, such as the impact of cost and the loss of
    available subsidized, low-income housing in areas with scarce housing
    resources for low-income families.
        Sec. 227.  Payment of attorney fees in program-related litigation
    must be paid from individual program office personnel benefits and
    compensation funding. The annual budget submission for program office
    personnel benefit and compensation funding must include program-related
    litigation costs for attorney fees as a separate line item request.
        Sec. 228.  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.
        Sec. 229. (a) Approval of Prepayment of Debt.--Upon request of the
    project sponsor of a project assisted with a loan under section 202 of
    the Housing Act of 1959 (as in effect before the enactment of the
    Cranston-Gonzalez National Affordable Housing Act), for which the
    Secretary's consent to prepayment is required, the Secretary shall
    approve the prepayment of any indebtedness to the Secretary relating to
    any remaining principal and interest under the loan as part of a
    prepayment plan under which--
            (1) the project sponsor agrees to operate the project until the
        maturity date of the original loan under terms at least as
        advantageous to existing and future tenants as the terms required
        by the original loan agreement or any project-based rental
        assistance payments contract under section 8 of the United States
        Housing Act of 1937 (or any other project-based rental housing
        assistance programs of the Department of Housing and Urban
        Development, including the rent supplement program under section
        101 of the Housing and Urban Development Act of 1965 (12 U.S.C.
        1701s)) or any successor project-based rental assistance program,
        except as provided by subsection (a)(2)(B); and
            (2) the prepayment may involve refinancing of the loan if such
        refinancing results--
                (A) in a lower interest rate on the principal of the loan
            for the project and in reductions in debt service related to
            such loan; or
                (B) in the case of a project that is assisted with a loan
            under such section 202 carrying an interest rate of 6 percent
            or lower, a transaction under which--
                    (i) the project owner shall address the physical needs
                of the project;
                    (ii) the prepayment plan for the transaction, including
                the refinancing, shall meet a cost benefit analysis, as
                established by the Secretary, that the benefit of the
                transaction outweighs the cost of the transaction including
                any increases in rent charged to unassisted tenants;
                    (iii) the overall cost for providing rental assistance
                under section 8 for the project (if any) is not increased,
                except, upon approval by the Secretary to--

                        (I) mark-up-to-market contracts pursuant to section
                    524(a)(3) of the Multifamily Assisted Housing Reform
                    and Affordability Act (42 U.S.C. 1437f note), as such
                    section is carried out by the Secretary for properties
                    owned by nonprofit organizations; or
                        (II) mark-up-to-budget contracts pursuant to
                    section 524(a)(4) of the Multifamily Assisted Housing
                    Reform and Affordability Act (42 U.S.C. 1437f note), as
                    such section is carried out by the Secretary for
                    properties owned by eligible owners (as such term is
                    defined in section 202(k) of the Housing Act of 1959
                    (12 U.S.C. 1701q(k));

                    (iv) the project owner may charge tenants rent
                sufficient to meet debt service payments and operating cost
                requirements, as approved by the Secretary, if project-
                based rental assistance is not available or is insufficient
                for the debt service and operating cost of the project
                after refinancing. Such approval by the Secretary--

                        (I) shall be the basis for the owner to agree to
                    terminate the project-based rental assistance contract
                    that is insufficient for the debt service and operating
                    cost of the project after refinancing; and
                        (II) shall be an eligibility event for the project
                    for purposes of section 8(t) of the United States
                    Housing Act of 1937 (42 U.S.C. 1437f(t));

                    (v) units to be occupied by tenants assisted under
                section 8(t) of the United States Housing Act of 1937 (42
                U.S.C. 1437f(t)) shall, upon termination of the occupancy
                of such tenants, become eligible for project-based
                assistance under section 8(o)(13) of the United States
                Housing Act of 1937 (42 U.S.C. 1437f(o)(13)) without regard
                to the percentage limitations provided in such section; and
                    (vi) there shall be a use agreement of 20 years from
                the date of the maturity date of the original 202 loan for
                all units, including units to be occupied by tenants
                assisted under section 8(t) of the United States Housing
                Act of 1937 (42 U.S.C. 1437f(t)).
        Sec. 230.  No property identified by the Secretary of Housing and
    Urban Development as surplus Federal property for use to assist the
    homeless shall be made available to any homeless group unless the group
    is a member in good standing under any of HUD's homeless assistance
    programs or is in good standing with any other program which receives
    funds from any other Federal or State agency or entity: Provided, That
    an exception may be made for an entity not involved with Federal
    homeless programs to use surplus Federal property for the homeless only
    after the Secretary or another responsible Federal agency has fully and
    comprehensively reviewed all relevant finances of the entity, the track
    record of the entity in assisting the homeless, the ability of the
    entity to manage the property, including all costs, the ability of the
    entity to administer homeless programs in a manner that is effective to
    meet the needs of the homeless population that is expected to use the
    property and any other related issues that demonstrate a commitment to
    assist the homeless: Provided further, That the Secretary shall not
    require the entity to have cash in hand in order to demonstrate
    financial ability but may rely on the entity's prior demonstrated
    fundraising ability or commitments for in-kind donations of goods and
    services: Provided further, That the Secretary shall make all such
    information and its decision regarding the award of the surplus
    property available to the committees of jurisdiction, including a full
    justification of the appropriateness of the use of the property to
    assist the homeless as well as the appropriateness of the group seeking
    to obtain the property to use such property to assist the homeless:
    Provided further, That, this section shall apply to properties in
    fiscal years 2009 and 2010 made available as surplus Federal property
    for use to assist the homeless.
        Sec. 231.  The Secretary of the Department of Housing and Urban
    Development is authorized to transfer up to 5 percent of funds
    appropriated for any account under this title under the heading
    ``Personnel Compensation and Benefits'' to any other account under this
    title under the heading ``Personnel Compensation and Benefits'' only
    after such transfer has been submitted to, and received prior written
    approval by, the House and Senate Committees on Appropriations:
    Provided, That, no appropriation for any such account shall be
    increased or decreased by more than 10 percent by all such transfers.
        Sec. 232.  The Secretary of Housing and Urban Development may
    increase, pursuant to this section, the number of Moving-to-Work
    agencies authorized under section 204, title II, of the Departments of
    Veterans Affairs and Housing and Urban Development and Independent
    Agencies Appropriations Act, 1996 (Public Law 104-134; 110 Stat. 1321)
    by adding to the program three Public Housing Agencies that meet the
    following requirements: is a High Performing Agency under the Public
    Housing Assessment System (PHAS). No PHA shall be granted this
    designation through this section that administers in excess of 5,000
    aggregate housing vouchers and public housing units. No PHA granted
    this designation through this section shall receive more funding under
    sections 8 or 9 of the United States Housing Act of 1937 than they
    otherwise would have received absent this designation. In addition to
    other reporting requirements, all Moving-to-Work agencies shall report
    financial data to the Department of Housing and Urban Development as
    specified by the Secretary, so that the effect of Moving-to-Work policy
    changes can be measured.
        Sec. 233.  Notwithstanding any other provision of law, in
    determining the market value of any multifamily real property or
    multifamily loan for any noncompetitive sale to a State or local
    government, the Secretary shall in fiscal year 2010 consider, but not
    be limited to, industry standard appraisal practices, including the
    cost of repairs needed to bring the property into such condition as to
    satisfy minimum State and local code standards and the cost of
    maintaining the affordability restrictions imposed by the Secretary on
    the multifamily real property or multifamily loan.
        Sec. 234.  The Disaster Housing Assistance Programs, administered
    by the Department of Housing and Urban Development, shall be considered
    a ``program of the Department of Housing and Urban Development'' under
    section 904 of the McKinney Act for the purpose of income verifications
    and matching.
        Sec. 235. (a) In General.--The Secretary of Housing and Urban
    Development shall prepare a report, and post such report on the public
    website of the Department of Housing and Urban Development (in this
    section referred to as the ``Department''), regarding the number of
    homes owned by the Department and the budget impact of acquiring,
    maintaining, and selling such homes.
        (b) Content.--The report required by this section shall include--
            (1) the number of residential homes that the Department owned
        during the years 2004 through 2009;
            (2) an itemized breakdown of the total annual financial impact,
        including losses and gains from selling homes and maintenance and
        acquisition of homes, of home ownership by the Department since
        2004;
            (3) a detailed explanation of the reasons for the ownership by
        the Department of the homes;
            (4) a list of the 10 urban areas in which the Department owns
        the most homes and the rate of homelessness in each of those areas;
        and
            (5) a list of the 10 States in which the Department owns the
        most homes and the rate of homelessness in each of those States.
        Sec. 236.  The matter under the heading ``Community Development
    Fund'', under the heading ``Community Planning and Development'', under
    the heading ``Department of Housing and Urban Development'' in chapter
    10 of title I of division B of the Consolidated Security, Disaster
    Assistance, and Continuing Appropriations Act, 2009 (Public Law 110-
    329; 122 Stat. 3601) is amended by striking ``: Provided further, That
    none of the funds provided under this heading may be used by a State or
    locality as a matching requirement, share, or contribution for any
    other Federal program''.
        This title may be cited as the ``Department of Housing and Urban
    Development Appropriations Act, 2010''.

                                   TITLE III

                                RELATED AGENCIES

                                  Access Board

                             Salaries and Expenses

        For expenses necessary for the Access Board, as authorized by
    section 502 of the Rehabilitation Act of 1973, as amended, $7,300,000:
    Provided, That, notwithstanding any other provision of law, there may
    be credited to this appropriation funds received for publications and
    training expenses.

                          Federal Maritime Commission

                             salaries and expenses

        For necessary expenses of the Federal Maritime Commission as
    authorized by section 201(d) of the Merchant Marine Act, 1936, as
    amended (46 U.S.C. App. 1111), including services as authorized by 5
    U.S.C. 3109; hire of passenger motor vehicles as authorized by 31
    U.S.C. 1343(b); and uniforms or allowances therefore, as authorized by
    5 U.S.C. 5901-5902, $24,135,000: Provided, That not to exceed $2,000
    shall be available for official reception and representation expenses.

                    National Railroad Passenger Corporation

                          office of inspector general

                             salaries and expenses

        For necessary expenses of the Office of Inspector General for the
    National Railroad Passenger Corporation to carry out the provisions of
    the Inspector General Act of 1978, as amended, $19,000,000: Provided,
    That the Inspector General shall have all necessary authority, in
    carrying out the duties specified in the Inspector General Act, as
    amended (5 U.S.C. App. 3), to investigate allegations of fraud,
    including false statements to the government (18 U.S.C. 1001), by any
    person or entity that is subject to regulation by the National Railroad
    Passenger Corporation: Provided further, That the Inspector General may
    enter into contracts and other arrangements for audits, studies,
    analyses, and other services with public agencies and with private
    persons, subject to the applicable laws and regulations that govern the
    obtaining of such services within the National Railroad Passenger
    Corporation: Provided further, That the Inspector General may select,
    appoint, and employ such officers and employees as may be necessary for
    carrying out the functions, powers, and duties of the Office of
    Inspector General, subject to the applicable laws and regulations that
    govern such selections, appointments, and employment within Amtrak:
    Provided further, That concurrent with the President's budget request
    for fiscal year 2011, the Inspector General shall submit to the House
    and Senate Committees on Appropriations a budget request for fiscal
    year 2011 in similar format and substance to those submitted by
    executive agencies of the Federal Government.

                      National Transportation Safety Board

                             salaries and expenses

        For necessary expenses of the National Transportation Safety Board,
    including hire of passenger motor vehicles and aircraft; services as
    authorized by 5 U.S.C. 3109, but at rates for individuals not to exceed
    the per diem rate equivalent to the rate for a GS-15; uniforms, or
    allowances therefor, as authorized by law (5 U.S.C. 5901-5902)
    $98,050,000, of which not to exceed $2,000 may be used for official
    reception and representation expenses: Provided, That of the funds
    provided under this heading, $2,416,000 shall remain available through
    September 30, 2011: Provided further, That of the funds provided, up to
    $100,000 shall be provided through reimbursement to the Department of
    Transportation's Office of Inspector General to audit the National
    Transportation Safety Board's financial statements. The amounts made
    available to the National Transportation Safety Board in this Act
    include amounts necessary to make lease payments on an obligation
    incurred in fiscal year 2001 for a capital lease.

                     Neighborhood Reinvestment Corporation

              payment to the neighborhood reinvestment corporation

        For payment to the Neighborhood Reinvestment Corporation for use in
    neighborhood reinvestment activities, as authorized by the Neighborhood
    Reinvestment Corporation Act (42 U.S.C. 8101-8107), $133,000,000, of
    which $5,000,000 shall be for a multi-family rental housing program:
    Provided, That section 605(a) of the Neighborhood Reinvestment
    Corporation Act (42 U.S.C. 8104) is amended by adding at the end of the
    first sentence, prior to the period, ``, except that the board-
    appointed officers may be paid salary at a rate not to exceed level II
    of the Executive Schedule'': Provided further, That in addition,
    $35,000,000 shall be made available until expended for capital grants
    to rehabilitate or finance the rehabilitation of affordable housing
    units, including necessary administrative expenses: Provided further,
    That in addition, $65,000,000 shall be made available until expended to
    the Neighborhood Reinvestment Corporation for mortgage foreclosure
    mitigation activities, under the following terms and conditions:
            (1) The Neighborhood Reinvestment Corporation (``NRC''), shall
        make grants to counseling intermediaries approved by the Department
        of Housing and Urban Development (HUD) (with match to be determined
        by the NRC based on affordability and the economic conditions of an
        area; a match also may be waived by the NRC based on the
        aforementioned conditions) to provide mortgage foreclosure
        mitigation assistance primarily to States and areas with high rates
        of defaults and foreclosures to help eliminate the default and
        foreclosure of mortgages of owner-occupied single-family homes that
        are at risk of such foreclosure. Other than areas with high rates
        of defaults and foreclosures, grants may also be provided to
        approved counseling intermediaries based on a geographic analysis
        of the Nation by the NRC which determines where there is a
        prevalence of mortgages that are risky and likely to fail,
        including any trends for mortgages that are likely to default and
        face foreclosure. A State Housing Finance Agency may also be
        eligible where the State Housing Finance Agency meets all the
        requirements under this paragraph. A HUD-approved counseling
        intermediary shall meet certain mortgage foreclosure mitigation
        assistance counseling requirements, as determined by the NRC, and
        shall be approved by HUD or the NRC as meeting these requirements.
            (2) Mortgage foreclosure mitigation assistance shall only be
        made available to homeowners of owner-occupied homes with mortgages
        in default or in danger of default. These mortgages shall likely be
        subject to a foreclosure action and homeowners will be provided
        such assistance that shall consist of activities that are likely to
        prevent foreclosures and result in the long-term affordability of
        the mortgage retained pursuant to such activity or another positive
        outcome for the homeowner. No funds made available under this
        paragraph may be provided directly to lenders or homeowners to
        discharge outstanding mortgage balances or for any other direct
        debt reduction payments.
            (3) The use of Mortgage Foreclosure Mitigation Assistance by
        approved counseling intermediaries and State Housing Finance
        Agencies shall involve a reasonable analysis of the borrower's
        financial situation, an evaluation of the current value of the
        property that is subject to the mortgage, counseling regarding the
        assumption of the mortgage by another non-Federal party, counseling
        regarding the possible purchase of the mortgage by a non-Federal
        third party, counseling and advice of all likely restructuring and
        refinancing strategies or the approval of a work-out strategy by
        all interested parties.
            (4) NRC may provide up to 15 percent of the total funds under
        this paragraph to its own charter members with expertise in
        foreclosure prevention counseling, subject to a certification by
        the NRC that the procedures for selection do not consist of any
        procedures or activities that could be construed as an unacceptable
        conflict of interest or have the appearance of impropriety.
            (5) HUD-approved counseling entities and State Housing Finance
        Agencies receiving funds under this paragraph shall have
        demonstrated experience in successfully working with financial
        institutions as well as borrowers facing default, delinquency and
        foreclosure as well as documented counseling capacity, outreach
        capacity, past successful performance and positive outcomes with
        documented counseling plans (including post mortgage foreclosure
        mitigation counseling), loan workout agreements and loan
        modification agreements. NRC may use other criteria to demonstrate
        capacity in underserved areas.
            (6) Of the total amount made available under this paragraph, up
        to $3,000,000 may be made available to build the mortgage
        foreclosure and default mitigation counseling capacity of
        counseling intermediaries through NRC training courses with HUD-
        approved counseling intermediaries and their partners, except that
        private financial institutions that participate in NRC training
        shall pay market rates for such training.
            (7) Of the total amount made available under this paragraph, up
        to 4 percent may be used for associated administrative expenses for
        the NRC to carry out activities provided under this section.
            (8) Mortgage foreclosure mitigation assistance grants may
        include a budget for outreach and advertising, and training, as
        determined by the NRC.
            (9) The NRC shall continue to report bi-annually to the House
        and Senate Committees on Appropriations as well as the Senate
        Banking Committee and House Financial Services Committee on its
        efforts to mitigate mortgage default.

               United States Interagency Council on Homelessness

                               operating expenses

        For necessary expenses (including payment of salaries, authorized
    travel, hire of passenger motor vehicles, the rental of conference
    rooms, and the employment of experts and consultants under section 3109
    of title 5, United States Code) of the United States Interagency
    Council on Homelessness in carrying out the functions pursuant to title
    II of the McKinney-Vento Homeless Assistance Act, as amended,
    $2,450,000.

                                    TITLE IV

                          GENERAL PROVISIONS--THIS ACT

        Sec. 401.  Such sums as may be necessary for fiscal year 2010 pay
    raises for programs funded in this Act shall be absorbed within the
    levels appropriated in this Act or previous appropriations Acts.
        Sec. 402.  None of the funds in this Act shall be used for the
    planning or execution of any program to pay the expenses of, or
    otherwise compensate, non-Federal parties intervening in regulatory or
    adjudicatory proceedings funded in this Act.
        Sec. 403.  None of the funds appropriated in this Act shall remain
    available for obligation beyond the current fiscal year, nor may any be
    transferred to other appropriations, unless expressly so provided
    herein.
        Sec. 404.  The expenditure of any appropriation under this Act for
    any consulting service through procurement contract pursuant to section
    3109 of title 5, United States Code, shall be limited to those
    contracts where such expenditures are a matter of public record and
    available for public inspection, except where otherwise provided under
    existing law, or under existing Executive order issued pursuant to
    existing law.
        Sec. 405.  Except as otherwise provided in this Act, none of the
    funds provided in this Act, provided by previous appropriations Acts to
    the agencies or entities funded in this Act that remain available for
    obligation or expenditure in fiscal year 2010, or provided from any
    accounts in the Treasury derived by the collection of fees and
    available to the agencies funded by this Act, shall be available for
    obligation or expenditure through a reprogramming of funds that: (1)
    creates a new program; (2) eliminates a program, project, or activity;
    (3) increases funds or personnel for any program, project, or activity
    for which funds have been denied or restricted by the Congress; (4)
    proposes to use funds directed for a specific activity by either the
    House or Senate Committees on Appropriations for a different purpose;
    (5) augments existing programs, projects, or activities in excess of
    $5,000,000 or 10 percent, whichever is less; (6) reduces existing
    programs, projects, or activities by $5,000,000 or 10 percent,
    whichever is less; or (7) creates, reorganizes, or restructures a
    branch, division, office, bureau, board, commission, agency,
    administration, or department different from the budget justifications
    submitted to the Committees on Appropriations or the table accompanying
    the explanatory statement accompanying this Act, whichever is more
    detailed, unless prior approval is received from the House and Senate
    Committees on Appropriations: Provided, That not later than 60 days
    after the date of enactment of this Act, each agency funded by this Act
    shall submit a report to the Committees on Appropriations of the Senate
    and of the House of Representatives to establish the baseline for
    application of reprogramming and transfer authorities for the current
    fiscal year: Provided further, That the report shall include: (1) a
    table for each appropriation with a separate column to display the
    President's budget request, adjustments made by Congress, adjustments
    due to enacted rescissions, if appropriate, and the fiscal year enacted
    level; (2) a delineation in the table for each appropriation both by
    object class and program, project, and activity as detailed in the
    budget appendix for the respective appropriation; and (3) an
    identification of items of special congressional interest: Provided
    further, That the amount appropriated or limited for salaries and
    expenses for an agency shall be reduced by $100,000 per day for each
    day after the required date that the report has not been submitted to
    the Congress.
        Sec. 406.  Except as otherwise specifically provided by law, not to
    exceed 50 percent of unobligated balances remaining available at the
    end of fiscal year 2010 from appropriations made available for salaries
    and expenses for fiscal year 2010 in this Act, shall remain available
    through September 30, 2011, for each such account for the purposes
    authorized: Provided, That a request shall be submitted to the House
    and Senate Committees on Appropriations for approval prior to the
    expenditure of such funds: Provided further, That these requests shall
    be made in compliance with reprogramming guidelines under section 405
    of this Act.
        Sec. 407.  All Federal agencies and departments that are funded
    under this Act shall issue a report to the House and Senate Committees
    on Appropriations on all sole source contracts by no later than July
    30, 2010. Such report shall include the contractor, the amount of the
    contract and the rationale for using a sole source contract.
        Sec. 408. (a) None of the funds made available in this Act may be
    obligated or expended for any employee training that--
            (1) does not meet identified needs for knowledge, skills, and
        abilities bearing directly upon the performance of official duties;
            (2) contains elements likely to induce high levels of emotional
        response or psychological stress in some participants;
            (3) does not require prior employee notification of the content
        and methods to be used in the training and written end of course
        evaluation;
            (4) contains any methods or content associated with religious
        or quasi-religious belief systems or ``new age'' belief systems as
        defined in Equal Employment Opportunity Commission Notice N-
        915.022, dated September 2, 1988; or
            (5) is offensive to, or designed to change, participants'
        personal values or lifestyle outside the workplace.
        (b) Nothing in this section shall prohibit, restrict, or otherwise
    preclude an agency from conducting training bearing directly upon the
    performance of official duties.
        Sec. 409.  No funds in this Act may be used to support any Federal,
    State, or local projects that seek to use the power of eminent domain,
    unless eminent domain is employed only for a public use: Provided, That
    for purposes of this section, public use shall not be construed to
    include economic development that primarily benefits private entities:
    Provided further, That any use of funds for mass transit, railroad,
    airport, seaport or highway projects as well as utility projects which
    benefit or serve the general public (including energy-related,
    communication-related, water-related and wastewater-related
    infrastructure), other structures designated for use by the general
    public or which have other common-carrier or public-utility functions
    that serve the general public and are subject to regulation and
    oversight by the government, and projects for the removal of an
    immediate threat to public health and safety or brownsfield as defined
    in the Small Business Liability Relief and Brownsfield Revitalization
    Act (Public Law 107-118) shall be considered a public use for purposes
    of eminent domain.
        Sec. 410.  None of the funds made available in this Act may be
    transferred to any department, agency, or instrumentality of the United
    States Government, except pursuant to a transfer made by, or transfer
    authority provided in, this Act or any other appropriations Act.
        Sec. 411.  No part of any appropriation contained in this Act shall
    be available to pay the salary for any person filling a position, other
    than a temporary position, formerly held by an employee who has left to
    enter the Armed Forces of the United States and has satisfactorily
    completed his period of active military or naval service, and has
    within 90 days after his release from such service or from
    hospitalization continuing after discharge for a period of not more
    than 1 year, made application for restoration to his former position
    and has been certified by the Office of Personnel Management as still
    qualified to perform the duties of his former position and has not been
    restored thereto.
        Sec. 412.  No funds appropriated pursuant to this Act may be
    expended in contravention of sections 2 through 4 of the Act of March
    3, 1933 (41 U.S.C. 10a-10c, popularly known as the ``Buy American
    Act'').
        Sec. 413.  No funds appropriated or otherwise made available under
    this Act shall be made available to any person or entity that has been
    found to violate the Buy American Act (41 U.S.C. 10a-10c).
        Sec. 414.  None of the funds made available in this Act may be used
    for first-class airline accommodations in contravention of sections
    301-10.122 and 301-10.123 of title 41, Code of Federal Regulations.
        Sec. 415.  None of the funds made available in this Act may be used
    to purchase a light bulb for an office building unless the light bulb
    has, to the extent practicable, an Energy Star or Federal Energy
    Management Program designation.
        Sec. 416. (a) Any agency receiving funds made available in this
    Act, shall, subject to subsections (b) and (c), post on the public
    website of that agency any report required to be submitted by the
    Congress in this or any other Act, upon the determination by the head
    of the agency that it shall serve the national interest.
        (b) Subsection (a) shall not apply to a report if--
            (1) the public posting of the report compromises national
        security; or
            (2) the report contains proprietary information.
        (c) The head of the agency posting such report shall do so only
    after such report has been made available to the requesting Committee
    or Committees of Congress for no less than 45 days.
        Sec. 417.  None of the funds made available in this Act may be used
    to establish, issue, implement, administer, or enforce any prohibition
    or restriction on the establishment or effectiveness of any occupancy
    preference for veterans in supportive housing for the elderly that: (1)
    is provided assistance by the Department of Housing and Urban
    Development; and (2)(A) is or would be located on property of the
    Department of Veterans Affairs; or (B) is subject to an enhanced use
    lease with the Department of Veterans Affairs.
        Sec. 418.  None of the funds made available under this Act or any
    prior Act may be provided to the Association of Community Organizations
    for Reform Now (ACORN), or any of its affiliates, subsidiaries, or
    allied organizations.
        Sec. 419.  Specific projects contained in the report of the
    Committee on Appropriations of the House of Representatives
    accompanying this Act (H. Rept. 111-218) that are considered
    congressional earmarks for purposes of clause 9 of rule XXI of the
    Rules of the House of Representatives, when intended to be awarded to a
    for-profit entity, shall be awarded under a full and open competition.

        This division may be cited as the ``Transportation, Housing and
    Urban Development, and Related Agencies Appropriations Act, 2010''.

         DIVISION B--COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES
                            APPROPRIATIONS ACT, 2010

                                    TITLE I

                             DEPARTMENT OF COMMERCE

                       International Trade Administration

                         operations and administration

        For necessary expenses for international trade activities of the
    Department of Commerce provided for by law, and for engaging in trade
    promotional activities abroad, including expenses of grants and
    cooperative agreements for the purpose of promoting exports of United
    States firms, without regard to 44 U.S.C. 3702 and 3703; full medical
    coverage for dependent members of immediate families of employees
    stationed overseas and employees temporarily posted overseas; travel
    and transportation of employees of the International Trade
    Administration between two points abroad, without regard to 49 U.S.C.
    40118; employment of Americans and aliens by contract for services;
    rental of space abroad for periods not exceeding 10 years, and expenses
    of alteration, repair, or improvement; purchase or construction of
    temporary demountable exhibition structures for use abroad; payment of
    tort claims, in the manner authorized in the first paragraph of 28
    U.S.C. 2672 when such claims arise in foreign countries; not to exceed
    $327,000 for official representation expenses abroad; purchase of
    passenger motor vehicles for official use abroad, not to exceed $45,000
    per vehicle; obtaining insurance on official motor vehicles; and rental
    of tie lines, $456,204,000, to remain available until September 30,
    2011, of which $9,439,000 is to be derived from fees to be retained and
    used by the International Trade Administration, notwithstanding 31
    U.S.C. 3302: Provided, That not less than $49,530,000 shall be for
    Manufacturing and Services; not less than $43,212,000 shall be for
    Market Access and Compliance; not less than $68,290,000 shall be for
    the Import Administration; not less than $258,438,000 shall be for the
    Trade Promotion and United States and Foreign Commercial Service; and
    not less than $27,295,000 shall be for Executive Direction and
    Administration: Provided further, That not less than $7,000,000 shall
    be for the Office of China Compliance, and not less than $4,400,000
    shall be for the China Countervailing Duty Group: Provided further,
    That the provisions of the first sentence of section 105(f) and all of
    section 108(c) of the Mutual Educational and Cultural Exchange Act of
    1961 (22 U.S.C. 2455(f) and 2458(c)) shall apply in carrying out these
    activities without regard to section 5412 of the Omnibus Trade and
    Competitiveness Act of 1988 (15 U.S.C. 4912); and that for the purpose
    of this Act, contributions under the provisions of the Mutual
    Educational and Cultural Exchange Act of 1961 shall include payment for
    assessments for services provided as part of these activities: Provided
    further, That negotiations shall be conducted within the World Trade
    Organization to recognize the right of members to distribute monies
    collected from antidumping and countervailing duties: Provided further,
    That negotiations shall be conducted within the World Trade
    Organization consistent with the negotiating objectives contained in
    the Trade Act of 2002, Public Law 107-210: Provided further, That
    within the amounts appropriated, $5,215,000 shall be used for the
    projects, and in the amounts, specified in the explanatory statement
    accompanying this Act.

                        Bureau of Industry and Security

                         operations and administration

        For necessary expenses for export administration and national
    security activities of the Department of Commerce, including costs
    associated with the performance of export administration field
    activities both domestically and abroad; full medical coverage for
    dependent members of immediate families of employees stationed
    overseas; employment of Americans and aliens by contract for services
    abroad; payment of tort claims, in the manner authorized in the first
    paragraph of 28 U.S.C. 2672 when such claims arise in foreign
    countries; not to exceed $15,000 for official representation expenses
    abroad; awards of compensation to informers under the Export
    Administration Act of 1979, and as authorized by 22 U.S.C. 401(b); and
    purchase of passenger motor vehicles for official use and motor
    vehicles for law enforcement use with special requirement vehicles
    eligible for purchase without regard to any price limitation otherwise
    established by law, $100,342,000, to remain available until expended,
    of which $14,767,000 shall be for inspections and other activities
    related to national security: Provided, That the provisions of the
    first sentence of section 105(f) and all of section 108(c) of the
    Mutual Educational and Cultural Exchange Act of 1961 (22 U.S.C. 2455(f)
    and 2458(c)) shall apply in carrying out these activities: Provided
    further, That payments and contributions collected and accepted for
    materials or services provided as part of such activities may be
    retained for use in covering the cost of such activities, and for
    providing information to the public with respect to the export
    administration and national security activities of the Department of
    Commerce and other export control programs of the United States and
    other governments.

                      Economic Development Administration

                    economic development assistance programs

        For grants for economic development assistance as provided by the
    Public Works and Economic Development Act of 1965, and for trade
    adjustment assistance, $255,000,000, to remain available until
    expended.

                             salaries and expenses

        For necessary expenses of administering the economic development
    assistance programs as provided for by law, $38,000,000: Provided, That
    these funds may be used to monitor projects approved pursuant to title
    I of the Public Works Employment Act of 1976, title II of the Trade Act
    of 1974, and the Community Emergency Drought Relief Act of 1977.

                      Minority Business Development Agency

                         minority business development

        For necessary expenses of the Department of Commerce in fostering,
    promoting, and developing minority business enterprise, including
    expenses of grants, contracts, and other agreements with public or
    private organizations, $31,500,000: Provided, That within the amounts
    appropriated, $1,100,000 shall be used for the projects, and in the
    amounts, specified in the explanatory statement accompanying this Act.

                       Economic and Statistical Analysis

                             salaries and expenses

        For necessary expenses, as authorized by law, of economic and
    statistical analysis programs of the Department of Commerce,
    $97,255,000, to remain available until September 30, 2011.

                              Bureau of the Census

                             salaries and expenses

        For expenses necessary for collecting, compiling, analyzing,
    preparing, and publishing statistics, provided for by law,
    $259,024,000.

                         periodic censuses and programs

        For necessary expenses to collect and publish statistics for
    periodic censuses and programs provided for by law, $7,065,707,000, of
    which $100,000,000 shall be derived from available unobligated balances
    previously appropriated under this heading, to remain available until
    September 30, 2011: Provided, That none of the funds provided in this
    or any other Act for any fiscal year may be used for the collection of
    census data on race identification that does not include ``some other
    race'' as a category: Provided further, That from amounts provided
    herein, funds may be used for additional promotion, outreach, and
    marketing activities.

           National Telecommunications and Information Administration

                             salaries and expenses

        For necessary expenses, as provided for by law, of the National
    Telecommunications and Information Administration (NTIA), $19,999,000,
    to remain available until September 30, 2011: Provided, That,
    notwithstanding 31 U.S.C. 1535(d), the Secretary of Commerce shall
    charge Federal agencies for costs incurred in spectrum management,
    analysis, operations, and related services, and such fees shall be
    retained and used as offsetting collections for costs of such spectrum
    services, to remain available until expended: Provided further, That
    the Secretary of Commerce is authorized to retain and use as offsetting
    collections all funds transferred, or previously transferred, from
    other Government agencies for all costs incurred in telecommunications
    research, engineering, and related activities by the Institute for
    Telecommunication Sciences of NTIA, in furtherance of its assigned
    functions under this paragraph, and such funds received from other
    Government agencies shall remain available until expended.

        public telecommunications facilities, planning and construction

        For the administration of grants, authorized by section 392 of the
    Communications Act of 1934, $20,000,000, to remain available until
    expended as authorized by section 391 of the Act: Provided, That not to
    exceed $2,000,000 shall be available for program administration as
    authorized by section 391 of the Act: Provided further, That,
    notwithstanding the provisions of section 391 of the Act, the prior
    year unobligated balances may be made available for grants for projects
    for which applications have been submitted and approved during any
    fiscal year.

                   United States Patent and Trademark Office

                             salaries and expenses

        For necessary expenses of the United States Patent and Trademark
    Office (USPTO) provided for by law, including defense of suits
    instituted against the Under Secretary of Commerce for Intellectual
    Property and Director of the United States Patent and Trademark Office,
    $1,887,000,000, to remain available until expended: Provided, That the
    sum herein appropriated from the general fund shall be reduced as
    offsetting collections assessed and collected pursuant to 15 U.S.C.
    1113 and 35 U.S.C. 41 and 376 are received during fiscal year 2010, so
    as to result in a fiscal year 2010 appropriation from the general fund
    estimated at $0: Provided further, That during fiscal year 2010, should
    the total amount of offsetting fee collections be less than
    $1,887,000,000, this amount shall be reduced accordingly: Provided
    further, That from amounts provided herein, not to exceed $1,000 shall
    be made available in fiscal year 2010 for official reception and
    representation expenses: Provided further, That in fiscal year 2010
    from the amounts made available for ``Salaries and Expenses'' for the
    USPTO, the amounts necessary to pay: (1) the difference between the
    percentage of basic pay contributed by the USPTO and employees under
    section 8334(a) of title 5, United States Code, and the normal cost
    percentage (as defined by section 8331(17) of that title) of basic pay,
    of employees subject to subchapter III of chapter 83 of that title; and
    (2) the present value of the otherwise unfunded accruing costs, as
    determined by the Office of Personnel Management, of post-retirement
    life insurance and post-retirement health benefits coverage for all
    USPTO employees, shall be transferred to the Civil Service Retirement
    and Disability Fund, the Employees Life Insurance Fund, and the
    Employees Health Benefits Fund, as appropriate, and shall be available
    for the authorized purposes of those accounts: Provided further, That
    sections 801, 802, and 803 of division B, Public Law 108-447 shall
    remain in effect during fiscal year 2010: Provided further, That the
    Director may, this year, reduce by regulation fees payable for
    documents in patent and trademark matters, in connection with the
    filing of documents filed electronically in a form prescribed by the
    Director: Provided further, That from the amounts provided herein, no
    less than $4,000,000 shall be available only for the USPTO contribution
    in a cooperative or joint agreement or agreements with a non-profit
    organization or organizations, successfully audited within the previous
    year, and with previous experience in such programs, to conduct policy
    studies, including studies relating to activities of United Nations
    Specialized agencies and other international organizations, as well as
    conferences and other development programs, in support of fair
    international protection of intellectual property rights.

                 National Institute of Standards and Technology

                 scientific and technical research and services

        For necessary expenses of the National Institute of Standards and
    Technology, $515,000,000, to remain available until expended, of which
    not to exceed $9,000,000 may be transferred to the ``Working Capital
    Fund'': Provided, That not to exceed $10,000 shall be for official
    reception and representation expenses: Provided further, That within
    the amounts appropriated, $10,500,000 shall be used for the projects,
    and in the amounts, specified in the explanatory statement accompanying
    this Act.

                         industrial technology services

        For necessary expenses of the Hollings Manufacturing Extension
    Partnership of the National Institute of Standards and Technology,
    $124,700,000, to remain available until expended. In addition, for
    necessary expenses of the Technology Innovation Program of the National
    Institute of Standards and Technology, $69,900,000, to remain available
    until expended.

                      construction of research facilities

        For construction of new research facilities, including
    architectural and engineering design, and for renovation and
    maintenance of existing facilities, not otherwise provided for the
    National Institute of Standards and Technology, as authorized by 15
    U.S.C. 278c-278e, $147,000,000, to remain available until expended, of
    which $20,000,000 is for a competitive construction grant program for
    research science buildings: Provided, That within the amounts
    appropriated, $47,000,000 shall be used for the projects, and in the
    amounts, specified in the explanatory statement accompanying this Act:
    Provided further, That the Secretary of Commerce shall include in the
    budget justification materials that the Secretary submits to Congress
    in support of the Department of Commerce budget (as submitted with the
    budget of the President under section 1105(a) of title 31, United
    States Code) an estimate for each National Institute of Standards and
    Technology construction project having a total multi-year program cost
    of more than $5,000,000 and simultaneously the budget justification
    materials shall include an estimate of the budgetary requirements for
    each such project for each of the five subsequent fiscal years.

                National Oceanic and Atmospheric Administration

                      operations, research, and facilities

                         (including transfers of funds)

        For necessary expenses of activities authorized by law for the
    National Oceanic and Atmospheric Administration, including maintenance,
    operation, and hire of aircraft and vessels; grants, contracts, or
    other payments to nonprofit organizations for the purposes of
    conducting activities pursuant to cooperative agreements; and
    relocation of facilities, $3,305,178,000, to remain available until
    September 30, 2011, except for funds provided for cooperative
    enforcement, which shall remain available until September 30, 2012:
    Provided, That fees and donations received by the National Ocean
    Service for the management of national marine sanctuaries may be
    retained and used for the salaries and expenses associated with those
    activities, notwithstanding 31 U.S.C. 3302: Provided further, That in
    addition, $3,000,000 shall be derived by transfer from the fund
    entitled ``Coastal Zone Management'' and in addition $104,600,000 shall
    be derived by transfer from the fund entitled ``Promote and Develop
    Fishery Products and Research Pertaining to American Fisheries'':
    Provided further, That of the $3,412,778,000 provided for in direct
    obligations under this heading $3,305,178,000 is appropriated from the
    general fund, and $107,600,000 is provided by transfer: Provided
    further, That the total amount available for the National Oceanic and
    Atmospheric Administration corporate services administrative support
    costs shall not exceed $235,549,000: Provided further, That payments of
    funds made available under this heading to the Department of Commerce
    Working Capital Fund including Department of Commerce General Counsel
    legal services shall not exceed $41,944,000: Provided further, That
    within the amounts appropriated, $99,295,000 shall be used for the
    projects, and in the amounts, specified in the explanatory statement
    accompanying this Act: Provided further, That any deviation from the
    amounts designated for specific activities in the explanatory statement
    accompanying this Act, or any use of deobligated balances of funds
    provided under this heading in previous years, shall be subject to the
    procedures set forth in section 505 of this Act: Provided further, That
    in allocating grants under sections 306 and 306A of the Coastal Zone
    Management Act of 1972, as amended, no coastal State shall receive more
    than 5 percent or less than 1 percent of increased funds appropriated
    over the previous fiscal year.
        In addition, for necessary retired pay expenses under the Retired
    Serviceman's Family Protection and Survivor Benefits Plan, and for
    payments for the medical care of retired personnel and their dependents
    under the Dependents Medical Care Act (10 U.S.C. 55), such sums as may
    be necessary.

                   procurement, acquisition and construction

        For procurement, acquisition and construction of capital assets,
    including alteration and modification costs, of the National Oceanic
    and Atmospheric Administration, $1,358,353,000, to remain available
    until September 30, 2012, except funds provided for construction of
    facilities which shall remain available until expended: Provided, That
    of the $1,360,353,000 provided for in direct obligations under this
    heading, $1,358,353,000 is appropriated from the general fund and
    $2,000,000 is provided from recoveries of prior year obligations:
    Provided further, That except to the extent expressly prohibited by any
    other law, the Department of Defense may delegate procurement functions
    related to the National Polar-orbiting Operational Environmental
    Satellite System to officials of the Department of Commerce pursuant to
    section 2311 of title 10, United States Code: Provided further, That
    any deviation from the amounts designated for specific activities in
    the explanatory statement accompanying this Act, or any use of
    deobligated balances of funds provided under this heading in previous
    years, shall be subject to the procedures set forth in section 505 of
    this Act: Provided further, That the Secretary of Commerce shall
    include in budget justification materials that the Secretary submits to
    Congress in support of the Department of Commerce budget (as submitted
    with the budget of the President under section 1105(a) of title 31,
    United States Code) an estimate for each National Oceanic and
    Atmospheric Administration Procurement, Acquisition or Construction
    project having a total of more than $5,000,000 and simultaneously the
    budget justification shall include an estimate of the budgetary
    requirements for each such project for each of the five subsequent
    fiscal years: Provided further, That the Secretary of Commerce is
    authorized to enter into a lease, at no cost to the United States
    Government, with the Regents of the University of Alabama for a term of
    not less than 55 years, with two successive options each of 5 years,
    for land situated on the campus of University of Alabama in Tuscaloosa
    to house the Cooperative Institute and Research Center for Southeast
    Weather and Hydrology: Provided further, That within the amounts
    appropriated, $18,000,000 shall be used for the projects, and in the
    amounts, specified in the explanatory statement accompanying this Act.

                        pacific coastal salmon recovery

        For necessary expenses associated with the restoration of Pacific
    salmon populations, $80,000,000, to remain available until September
    30, 2011: Provided, That of the funds provided herein the Secretary of
    Commerce may issue grants to the States of Washington, Oregon, Idaho,
    Nevada, California, and Alaska, and Federally-recognized tribes of the
    Columbia River and Pacific Coast for projects necessary for
    conservation of salmon and steelhead populations that are listed as
    threatened or endangered, or identified by a State as at-risk to be so-
    listed, for maintaining populations necessary for exercise of tribal
    treaty fishing rights or native subsistence fishing, or for
    conservation of Pacific coastal salmon and steelhead habitat, based on
    guidelines to be developed by the Secretary of Commerce: Provided
    further, That funds disbursed to States shall be subject to a matching
    requirement of funds or documented in-kind contributions of at least 33
    percent of the Federal funds.

                          coastal zone management fund

                         (including transfer of funds)

        Of amounts collected pursuant to section 308 of the Coastal Zone
    Management Act of 1972 (16 U.S.C. 1456a), not to exceed $3,000,000
    shall be transferred to the ``Operations, Research, and Facilities''
    account to offset the costs of implementing such Act.

                       fisheries finance program account

        Subject to section 502 of the Congressional Budget Act of 1974,
    during fiscal year 2010, obligations of direct loans may not exceed
    $16,000,000 for Individual Fishing Quota loans and not to exceed
    $59,000,000 for traditional direct loans as authorized by the Merchant
    Marine Act of 1936: Provided, That none of the funds made available
    under this heading may be used for direct loans for any new fishing
    vessel that will increase the harvesting capacity in any United States
    fishery.

                            Departmental Management

                             salaries and expenses

        For expenses necessary for the departmental management of the
    Department of Commerce provided for by law, including not to exceed
    $5,000 for official reception and representation, $58,000,000:
    Provided, That the Secretary, within 60 days of enactment of this Act,
    shall provide a report to the Committees on Appropriations of the House
    and Senate that audits and evaluates all decision documents and
    expenditures by the Bureau of the Census as they relate to the 2010
    Census: Provided further, That of the amounts provided to the Secretary
    within this account, $5,000,000 shall not become available for
    obligation until the Secretary certifies to the Committees on
    Appropriations of the House and Senate that the Bureau of the Census
    has followed and met all standards and best practices, and all Office
    of Management and Budget guidelines related to information technology
    projects and contract management.

            herbert c. hoover building renovation and modernization

        For expenses necessary, including blast windows, for the renovation
    and modernization of the Herbert C. Hoover Building, $22,500,000, to
    remain available until expended.

                          office of inspector general

        For necessary expenses of the Office of Inspector General in
    carrying out the provisions of the Inspector General Act of 1978 (5
    U.S.C. App.), $27,000,000.

                   General Provisions--Department of Commerce

        Sec. 101.  During the current fiscal year, applicable
    appropriations and funds made available to the Department of Commerce
    by this Act shall be available for the activities specified in the Act
    of October 26, 1949 (15 U.S.C. 1514), to the extent and in the manner
    prescribed by the Act, and, notwithstanding 31 U.S.C. 3324, may be used
    for advanced payments not otherwise authorized only upon the
    certification of officials designated by the Secretary of Commerce that
    such payments are in the public interest.
        Sec. 102.  During the current fiscal year, appropriations made
    available to the Department of Commerce by this Act for salaries and
    expenses shall be available for hire of passenger motor vehicles as
    authorized by 31 U.S.C. 1343 and 1344; services as authorized by 5
    U.S.C. 3109; and uniforms or allowances therefor, as authorized by law
    (5 U.S.C. 5901-5902).
        Sec. 103.  Not to exceed 5 percent of any appropriation made
    available for the current fiscal year for the Department of Commerce in
    this Act may be transferred between such appropriations, but no such
    appropriation shall be increased by more than 10 percent by any such
    transfers: Provided, That any transfer pursuant to this section shall
    be treated as a reprogramming of funds under section 505 of this Act
    and shall not be available for obligation or expenditure except in
    compliance with the procedures set forth in that section: Provided
    further, That the Secretary of Commerce shall notify the Committees on
    Appropriations at least 15 days in advance of the acquisition or
    disposal of any capital asset (including land, structures, and
    equipment) not specifically provided for in this Act or any other law
    appropriating funds for the Department of Commerce: Provided further,
    That for the National Oceanic and Atmospheric Administration this
    section shall provide for transfers among appropriations made only to
    the National Oceanic and Atmospheric Administration and such
    appropriations may not be transferred and reprogrammed to other
    Department of Commerce bureaus and appropriation accounts.
        Sec. 104.  Any costs incurred by a department or agency funded
    under this title resulting from personnel actions taken in response to
    funding reductions included in this title or from actions taken for the
    care and protection of loan collateral or grant property shall be
    absorbed within the total budgetary resources available to such
    department or agency: Provided, That the authority to transfer funds
    between appropriations accounts as may be necessary to carry out this
    section is provided in addition to authorities included elsewhere in
    this Act: Provided further, That use of funds to carry out this section
    shall be treated as a reprogramming of funds under section 505 of this
    Act and shall not be available for obligation or expenditure except in
    compliance with the procedures set forth in that section.
        Sec. 105.  The requirements set forth by section 112 of division B
    of Public Law 110-161 are hereby adopted by reference.
        Sec. 106.  Notwithstanding any other law, the Secretary may furnish
    services (including but not limited to utilities, telecommunications,
    and security services) necessary to support the operation, maintenance,
    and improvement of space that persons, firms or organizations are
    authorized pursuant to the Public Buildings Cooperative Use Act of 1976
    or other authority to use or occupy in the Herbert C. Hoover Building,
    Washington, DC, or other buildings, the maintenance, operation, and
    protection of which has been delegated to the Secretary from the
    Administrator of General Services pursuant to the Federal Property and
    Administrative Services Act of 1949, as amended, on a reimbursable or
    non-reimbursable basis. Amounts received as reimbursement for services
    provided under this section or the authority under which the use or
    occupancy of the space is authorized, up to $200,000, shall be credited
    to the appropriation or fund which initially bears the costs of such
    services.
        Sec. 107.  With the consent of the President, the Secretary of
    Commerce shall represent the United States Government in negotiating
    and monitoring international agreements regarding fisheries, marine
    mammals, or sea turtles: Provided, That the Secretary of Commerce shall
    be responsible for the development and interdepartmental coordination
    of the policies of the United States with respect to the international
    negotiations and agreements referred to in this section.
        Sec. 108.  Section 101(k) of the Emergency Steel Loan Guarantee Act
    of 1999 (15 U.S.C. 1841 note) is amended by striking ``2009'' and
    inserting ``2011''.
        Sec. 109.  Nothing in this title shall be construed to prevent a
    grant recipient from deterring child pornography, copyright
    infringement, or any other unlawful activity over its networks.
        Sec. 110.  The Administration of the National Oceanic and
    Atmospheric Administration is authorized to use, with their consent,
    with reimbursement and subject to the limits of available
    appropriations, the land, services, equipment, personnel, and
    facilities of any department, agency or instrumentality of the United
    States, or of any State, local government, Indian tribal government,
    Territory or possession, or of any political subdivision thereof, or of
    any foreign government or international organization for purposes
    related to carrying out the responsibilities of any statute
    administered by the National Oceanic and Atmospheric Administration.
         This title may be cited as the ``Department of Commerce
    Appropriations Act, 2010''.

                                    TITLE II

                             DEPARTMENT OF JUSTICE

                             General Administration

                             salaries and expenses

        For expenses necessary for the administration of the Department of
    Justice, $118,488,000, of which not to exceed $4,000,000 for security
    and construction of Department of Justice facilities shall remain
    available until expended: Provided, That the Attorney General is
    authorized to transfer funds appropriated within General Administration
    to any office in this account: Provided further, That $18,693,000 is
    for Department Leadership; $8,101,000 is for Intergovernmental
    Relations/External Affairs; $12,715,000 is for Executive Support/
    Professional Responsibility; and $78,979,000 is for the Justice
    Management Division: Provided further, That any change in amounts
    specified in the preceding proviso greater than 5 percent shall be
    submitted for approval to the House and Senate Committees on
    Appropriations consistent with the terms of section 505 of this Act:
    Provided further, That this transfer authority is in addition to
    transfers authorized under section 505 of this Act.

                       national drug intelligence center

        For necessary expenses of the National Drug Intelligence Center,
    $44,023,000, of which $2,000,000 shall be for reimbursement of Air
    Force personnel for the National Drug Intelligence Center to support
    the Department of Defense's counter-drug intelligence responsibilities:
    Provided, That the National Drug Intelligence Center shall maintain the
    personnel and technical resources to provide timely support to law
    enforcement authorities and the intelligence community by conducting
    document and computer exploitation of materials collected in Federal,
    State, and local law enforcement activity associated with counter-drug,
    counterterrorism, and national security investigations and operations.

                     justice information sharing technology

        For necessary expenses for information sharing technology,
    including planning, development, deployment and departmental direction,
    $88,285,000, to remain available until expended.

                tactical law enforcement wireless communications

        For the costs of developing and implementing a nation-wide
    Integrated Wireless Network supporting Federal law enforcement
    communications, and for the costs of operations and maintenance of
    existing Land Mobile Radio legacy systems, $206,143,000, to remain
    available until expended: Provided, That the Attorney General shall
    transfer to this account all funds made available to the Department of
    Justice for the purchase of portable and mobile radios: Provided
    further, That any transfer made under the preceding proviso shall be
    subject to section 505 of this Act.

                       administrative review and appeals

        For expenses necessary for the administration of pardon and
    clemency petitions and immigration-related activities, $300,685,000, of
    which $4,000,000 shall be derived by transfer from the Executive Office
    for Immigration Review fees deposited in the ``Immigration Examinations
    Fee'' account.

                               detention trustee

        For necessary expenses of the Federal Detention Trustee,
    $1,438,663,000, to remain available until expended: Provided, That the
    Trustee shall be responsible for managing the Justice Prisoner and
    Alien Transportation System: Provided further, That not to exceed
    $5,000,000 shall be considered ``funds appropriated for State and local
    law enforcement assistance'' pursuant to 18 U.S.C. 4013(b).

                          office of inspector general

        For necessary expenses of the Office of Inspector General,
    $84,368,000, including not to exceed $10,000 to meet unforeseen
    emergencies of a confidential character.

                        United States Parole Commission

                             salaries and expenses

        For necessary expenses of the United States Parole Commission as
    authorized, $12,859,000.

                                Legal Activities

                salaries and expenses, general legal activities

        For expenses necessary for the legal activities of the Department
    of Justice, not otherwise provided for, including not to exceed $20,000
    for expenses of collecting evidence, to be expended under the direction
    of, and to be accounted for solely under the certificate of, the
    Attorney General; and rent of private or Government-owned space in the
    District of Columbia, $875,097,000, of which not to exceed $10,000,000
    for litigation support contracts shall remain available until expended:
    Provided, That of the total amount appropriated, not to exceed $10,000
    shall be available to the United States National Central Bureau,
    INTERPOL, for official reception and representation expenses: Provided
    further, That notwithstanding section 205 of this Act, upon a
    determination by the Attorney General that emergent circumstances
    require additional funding for litigation activities of the Civil
    Division, the Attorney General may transfer such amounts to ``Salaries
    and Expenses, General Legal Activities'' from available appropriations
    for the current fiscal year for the Department of Justice, as may be
    necessary to respond to such circumstances: Provided further, That any
    transfer pursuant to the previous proviso shall be treated as a
    reprogramming under section 505 of this Act and shall not be available
    for obligation or expenditure except in compliance with the procedures
    set forth in that section: Provided further, That of the amount
    appropriated, such sums as may be necessary shall be available to
    reimburse the Office of Personnel Management for salaries and expenses
    associated with the election monitoring program under section 8 of the
    Voting Rights Act of 1965 (42 U.S.C. 1973f): Provided further, That of
    the amounts provided under this heading for the election monitoring
    program $3,390,000, shall remain available until expended.
        In addition, for reimbursement of expenses of the Department of
    Justice associated with processing cases under the National Childhood
    Vaccine Injury Act of 1986, not to exceed $7,833,000, to be
    appropriated from the Vaccine Injury Compensation Trust Fund.

                   salaries and expenses, antitrust division

        For expenses necessary for the enforcement of antitrust and kindred
    laws, $163,170,000, to remain available until expended: Provided, That
    notwithstanding any other provision of law, fees collected for
    premerger notification filings under the Hart-Scott-Rodino Antitrust
    Improvements Act of 1976 (15 U.S.C. 18a), regardless of the year of
    collection (and estimated to be $102,000,000 in fiscal year 2010),
    shall be retained and used for necessary expenses in this
    appropriation, and shall remain available until expended: Provided
    further, That the sum herein appropriated from the general fund shall
    be reduced as such offsetting collections are received during fiscal
    year 2010, so as to result in a final fiscal year 2010 appropriation
    from the general fund estimated at $61,170,000.

                 salaries and expenses, united states attorneys

        For necessary expenses of the Offices of the United States
    Attorneys, including inter-governmental and cooperative agreements,
    $1,934,003,000: Provided, That of the total amount appropriated, not to
    exceed $8,000 shall be available for official reception and
    representation expenses: Provided further, That not to exceed
    $25,000,000 shall remain available until expended: Provided further,
    That of the amount provided under this heading, not less than
    $36,980,000 shall be used for salaries and expenses for assistant U.S.
    Attorneys to carry out section 704 of the Adam Walsh Child Protection
    and Safety Act of 2006 (Public Law 109-248) concerning the prosecution
    of offenses relating to the sexual exploitation of children: Provided
    further, That of the amount provided under this heading, $6,000,000 is
    for salaries and expenses for new assistant U.S. Attorneys to carry out
    additional prosecutions of serious crimes in Indian Country.

                       united states trustee system fund

        For necessary expenses of the United States Trustee Program, as
    authorized, $219,250,000, to remain available until expended and to be
    derived from the United States Trustee System Fund: Provided, That
    notwithstanding any other provision of law, deposits to the Fund shall
    be available in such amounts as may be necessary to pay refunds due
    depositors: Provided further, That, notwithstanding any other provision
    of law, $210,000,000 of offsetting collections pursuant to 28 U.S.C.
    589a(b) shall be retained and used for necessary expenses in this
    appropriation and shall remain available until expended: Provided
    further, That the sum herein appropriated from the Fund shall be
    reduced as such offsetting collections are received during fiscal year
    2010, so as to result in a final fiscal year 2010 appropriation from
    the Fund estimated at $4,250,000.

          salaries and expenses, foreign claims settlement commission

        For expenses necessary to carry out the activities of the Foreign
    Claims Settlement Commission, including services as authorized by
    section 3109 of title 5, United States Code, $2,117,000.

                         fees and expenses of witnesses

        For fees and expenses of witnesses, for expenses of contracts for
    the procurement and supervision of expert witnesses, for private
    counsel expenses, including advances, and for expenses of foreign
    counsel, $168,300,000, to remain available until expended: Provided,
    That not to exceed $10,000,000 may be made available for construction
    of buildings for protected witness safesites: Provided further, That
    not to exceed $3,000,000 may be made available for the purchase and
    maintenance of armored and other vehicles for witness security
    caravans: Provided further, That not to exceed $11,000,000 may be made
    available for the purchase, installation, maintenance, and upgrade of
    secure telecommunications equipment and a secure automated information
    network to store and retrieve the identities and locations of protected
    witnesses.

               salaries and expenses, community relations service

        For necessary expenses of the Community Relations Service,
    $11,479,000: Provided, That notwithstanding section 205 of this Act,
    upon a determination by the Attorney General that emergent
    circumstances require additional funding for conflict resolution and
    violence prevention activities of the Community Relations Service, the
    Attorney General may transfer such amounts to the Community Relations
    Service, from available appropriations for the current fiscal year for
    the Department of Justice, as may be necessary to respond to such
    circumstances: Provided further, That any transfer pursuant to the
    preceding proviso shall be treated as a reprogramming under section 505
    of this Act and shall not be available for obligation or expenditure
    except in compliance with the procedures set forth in that section.

                             assets forfeiture fund

        For expenses authorized by 28 U.S.C. 524(c)(1)(B), (F), and (G),
    $20,990,000, to be derived from the Department of Justice Assets
    Forfeiture Fund.

                         United States Marshals Service

                             salaries and expenses

        For necessary expenses of the United States Marshals Service,
    $1,125,763,000; of which not to exceed $30,000 shall be available for
    official reception and representation expenses; and of which not to
    exceed $10,000,000 shall remain available until expended for
    information technology systems.

                                  construction

        For construction in space controlled, occupied or utilized by the
    United States Marshals Service for prisoner holding and related
    support, $26,625,000, to remain available until expended; of which not
    less than $12,625,000 shall be available for the costs of courthouse
    security equipment, including furnishings, relocations, and telephone
    systems and cabling.

                           National Security Division

                             salaries and expenses

        For expenses necessary to carry out the activities of the National
    Security Division, $87,938,000; of which not to exceed $5,000,000 for
    information technology systems shall remain available until expended:
    Provided, That notwithstanding section 205 of this Act, upon a
    determination by the Attorney General that emergent circumstances
    require additional funding for the activities of the National Security
    Division, the Attorney General may transfer such amounts to this
    heading from available appropriations for the current fiscal year for
    the Department of Justice, as may be necessary to respond to such
    circumstances: Provided further, That any transfer pursuant to the
    preceding proviso shall be treated as a reprogramming under section 505
    of this Act and shall not be available for obligation or expenditure
    except in compliance with the procedures set forth in that section.

                          Interagency Law Enforcement

                     interagency crime and drug enforcement

        For necessary expenses for the identification, investigation, and
    prosecution of individuals associated with the most significant drug
    trafficking and affiliated money laundering organizations not otherwise
    provided for, to include inter-governmental agreements with State and
    local law enforcement agencies engaged in the investigation and
    prosecution of individuals involved in organized crime drug
    trafficking, $528,569,000, of which $50,000,000 shall remain available
    until expended: Provided, That any amounts obligated from
    appropriations under this heading may be used under authorities
    available to the organizations reimbursed from this appropriation.

                        Federal Bureau of Investigation

                             salaries and expenses

        For necessary expenses of the Federal Bureau of Investigation for
    detection, investigation, and prosecution of crimes against the United
    States, $7,658,622,000, of which $101,066,000 is designated as being
    for overseas deployments and other activities pursuant to sections
    401(c)(4) and 423(a)(1) of S. Con. Res. 13 (111th Congress), the
    concurrent resolution on the budget for fiscal year 2010; and of which
    not to exceed $150,000,000 shall remain available until expended:
    Provided, That not to exceed $205,000 shall be available for official
    reception and representation expenses: Provided further, That
    notwithstanding section 205 of this Act, the Director of the Federal
    Bureau of Investigation, upon a determination that additional funding
    is necessary to carry out construction of the Biometrics Technology
    Center, may transfer from amounts available for ``Salaries and
    Expenses'' to amounts available for ``Construction'' up to $30,000,000
    in fees collected to defray expenses for the automation of fingerprint
    identification and criminal justice information services and associated
    costs: Provided further, That any transfer made pursuant to the
    previous proviso shall be subject to section 505 of this Act.

                                  construction

        For all necessary expenses, to include the cost of equipment,
    furniture, and information technology requirements, related to
    construction or acquisition of buildings, facilities and sites by
    purchase, or as otherwise authorized by law; conversion, modification
    and extension of Federally-owned buildings; and preliminary planning
    and design of projects; $239,915,000, to remain available until
    expended.

                        Drug Enforcement Administration

                             salaries and expenses

        For necessary expenses of the Drug Enforcement Administration,
    including not to exceed $70,000 to meet unforeseen emergencies of a
    confidential character pursuant to 28 U.S.C. 530C; and expenses for
    conducting drug education and training programs, including travel and
    related expenses for participants in such programs and the distribution
    of items of token value that promote the goals of such programs,
    $2,019,682,000; of which not to exceed $75,000,000 shall remain
    available until expended; and of which not to exceed $100,000 shall be
    available for official reception and representation expenses.

              Bureau of Alcohol, Tobacco, Firearms and Explosives

                             salaries and expenses

        For necessary expenses of the Bureau of Alcohol, Tobacco, Firearms
    and Explosives, not to exceed $40,000 for official reception and
    representation expenses; for training of State and local law
    enforcement agencies with or without reimbursement, including training
    in connection with the training and acquisition of canines for
    explosives and fire accelerants detection; and for provision of
    laboratory assistance to State and local law enforcement agencies, with
    or without reimbursement, $1,114,772,000, of which not to exceed
    $1,000,000 shall be available for the payment of attorneys' fees as
    provided by section 924(d)(2) of title 18, United States Code; and of
    which not to exceed $10,000,000 shall remain available until expended:
    Provided, That no funds appropriated herein shall be available for
    salaries or administrative expenses in connection with consolidating or
    centralizing, within the Department of Justice, the records, or any
    portion thereof, of acquisition and disposition of firearms maintained
    by Federal firearms licensees: Provided further, That no funds
    appropriated herein shall be used to pay administrative expenses or the
    compensation of any officer or employee of the United States to
    implement an amendment or amendments to 27 CFR 478.118 or to change the
    definition of ``Curios or relics'' in 27 CFR 478.11 or remove any item
    from ATF Publication 5300.11 as it existed on January 1, 1994: Provided
    further, That none of the funds appropriated herein shall be available
    to investigate or act upon applications for relief from Federal
    firearms disabilities under 18 U.S.C. 925(c): Provided further, That
    such funds shall be available to investigate and act upon applications
    filed by corporations for relief from Federal firearms disabilities
    under section 925(c) of title 18, United States Code: Provided further,
    That no funds made available by this or any other Act may be used to
    transfer the functions, missions, or activities of the Bureau of
    Alcohol, Tobacco, Firearms and Explosives to other agencies or
    Departments in fiscal year 2010: Provided further, That, beginning in
    fiscal year 2010 and thereafter, no funds appropriated under this or
    any other Act may be used to disclose part or all of the contents of
    the Firearms Trace System database maintained by the National Trace
    Center of the Bureau of Alcohol, Tobacco, Firearms and Explosives or
    any information required to be kept by licensees pursuant to section
    923(g) of title 18, United States Code, or required to be reported
    pursuant to paragraphs (3) and (7) of such section 923(g), except to:
    (1) a Federal, State, local, or tribal law enforcement agency, or a
    Federal, State, or local prosecutor; or (2) a foreign law enforcement
    agency solely in connection with or for use in a criminal investigation
    or prosecution; or (3) a Federal agency for a national security or
    intelligence purpose; unless such disclosure of such data to any of the
    entities described in (1), (2) or (3) of this proviso would compromise
    the identity of any undercover law enforcement officer or confidential
    informant, or interfere with any case under investigation; and no
    person or entity described in (1), (2) or (3) shall knowingly and
    publicly disclose such data; and all such data shall be immune from
    legal process, shall not be subject to subpoena or other discovery,
    shall be inadmissible in evidence, and shall not be used, relied on, or
    disclosed in any manner, nor shall testimony or other evidence be
    permitted based on the data, in a civil action in any State (including
    the District of Columbia) or Federal court or in an administrative
    proceeding other than a proceeding commenced by the Bureau of Alcohol,
    Tobacco, Firearms and Explosives to enforce the provisions of chapter
    44 of such title, or a review of such an action or proceeding; except
    that this proviso shall not be construed to prevent: (A) the disclosure
    of statistical information concerning total production, importation,
    and exportation by each licensed importer (as defined in section
    921(a)(9) of such title) and licensed manufacturer (as defined in
    section 921(a)(10) of such title); (B) the sharing or exchange of such
    information among and between Federal, State, local, or foreign law
    enforcement agencies, Federal, State, or local prosecutors, and Federal
    national security, intelligence, or counterterrorism officials; or (C)
    the publication of annual statistical reports on products regulated by
    the Bureau of Alcohol, Tobacco, Firearms and Explosives, including
    total production, importation, and exportation by each licensed
    importer (as so defined) and licensed manufacturer (as so defined), or
    statistical aggregate data regarding firearms traffickers and
    trafficking channels, or firearms misuse, felons, and trafficking
    investigations: Provided further, That no funds made available by this
    or any other Act shall be expended to promulgate or implement any rule
    requiring a physical inventory of any business licensed under section
    923 of title 18, United States Code: Provided further, That no funds
    under this Act may be used to electronically retrieve information
    gathered pursuant to 18 U.S.C. 923(g)(4) by name or any personal
    identification code: Provided further, That no funds authorized or made
    available under this or any other Act may be used to deny any
    application for a license under section 923 of title 18, United States
    Code, or renewal of such a license due to a lack of business activity,
    provided that the applicant is otherwise eligible to receive such a
    license, and is eligible to report business income or to claim an
    income tax deduction for business expenses under the Internal Revenue
    Code of 1986.

                                  construction

        For necessary expenses to construct or acquire buildings and sites
    by purchase, or as otherwise authorized by law (including equipment for
    such buildings); conversion and extension of Federally-owned buildings;
    and preliminary planning and design of projects; $6,000,000, to remain
    available until expended.

                             Federal Prison System

                             salaries and expenses

        For necessary expenses of the Federal Prison System for the
    administration, operation, and maintenance of Federal penal and
    correctional institutions, including purchase (not to exceed 831, of
    which 743 are for replacement only) and hire of law enforcement and
    passenger motor vehicles, and for the provision of technical assistance
    and advice on corrections related issues to foreign governments,
    $6,086,231,000: Provided, That the Attorney General may transfer to the
    Health Resources and Services Administration such amounts as may be
    necessary for direct expenditures by that Administration for medical
    relief for inmates of Federal penal and correctional institutions:
    Provided further, That the Director of the Federal Prison System, where
    necessary, may enter into contracts with a fiscal agent or fiscal
    intermediary claims processor to determine the amounts payable to
    persons who, on behalf of the Federal Prison System, furnish health
    services to individuals committed to the custody of the Federal Prison
    System: Provided further, That not to exceed $6,000 shall be available
    for official reception and representation expenses: Provided further,
    That not to exceed $50,000,000 shall remain available for necessary
    operations until September 30, 2011: Provided further, That, of the
    amounts provided for contract confinement, not to exceed $20,000,000
    shall remain available until expended to make payments in advance for
    grants, contracts and reimbursable agreements, and other expenses
    authorized by section 501(c) of the Refugee Education Assistance Act of
    1980 (8 U.S.C. 1522 note), for the care and security in the United
    States of Cuban and Haitian entrants: Provided further, That the
    Director of the Federal Prison System may accept donated property and
    services relating to the operation of the prison card program from a
    not-for-profit entity which has operated such program in the past
    notwithstanding the fact that such not-for-profit entity furnishes
    services under contracts to the Federal Prison System relating to the
    operation of pre-release services, halfway houses, or other custodial
    facilities.

                            buildings and facilities

        For planning, acquisition of sites and construction of new
    facilities; purchase and acquisition of facilities and remodeling, and
    equipping of such facilities for penal and correctional use, including
    all necessary expenses incident thereto, by contract or force account;
    and constructing, remodeling, and equipping necessary buildings and
    facilities at existing penal and correctional institutions, including
    all necessary expenses incident thereto, by contract or force account,
    $99,155,000, to remain available until expended, of which not less than
    $73,769,000 shall be available only for modernization, maintenance and
    repair, and of which not to exceed $14,000,000 shall be available to
    construct areas for inmate work programs: Provided, That labor of
    United States prisoners may be used for work performed under this
    appropriation.

                    federal prison industries, incorporated

        The Federal Prison Industries, Incorporated, is hereby authorized
    to make such expenditures, within the limits of funds and borrowing
    authority available, and in accord with the law, and to make such
    contracts and commitments, without regard to fiscal year limitations as
    provided by section 9104 of title 31, United States Code, as may be
    necessary in carrying out the program set forth in the budget for the
    current fiscal year for such corporation, including purchase (not to
    exceed five for replacement only) and hire of passenger motor vehicles.

       limitation on administrative expenses, federal prison industries,
                                  incorporated

        Not to exceed $2,700,000 of the funds of the Federal Prison
    Industries, Incorporated shall be available for its administrative
    expenses, and for services as authorized by section 3109 of title 5,
    United States Code, to be computed on an accrual basis to be determined
    in accordance with the corporation's current prescribed accounting
    system, and such amounts shall be exclusive of depreciation, payment of
    claims, and expenditures which such accounting system requires to be
    capitalized or charged to cost of commodities acquired or produced,
    including selling and shipping expenses, and expenses in connection
    with acquisition, construction, operation, maintenance, improvement,
    protection, or disposition of facilities and other property belonging
    to the corporation or in which it has an interest.

                   State and Local Law Enforcement Activities

                        Office on Violence Against Women

           violence against women prevention and prosecution programs

                         (including transfer of funds)

        For grants, contracts, cooperative agreements, and other assistance
    for the prevention and prosecution of violence against women, as
    authorized by the Omnibus Crime Control and Safe Streets Act of 1968
    (42 U.S.C. 3711 et seq.) (``the 1968 Act''); the Violent Crime Control
    and Law Enforcement Act of 1994 (Public Law 103-322) (``the 1994
    Act''); the Victims of Child Abuse Act of 1990 (Public Law 101-647)
    (``the 1990 Act''); the Prosecutorial Remedies and Other Tools to end
    the Exploitation of Children Today Act of 2003 (Public Law 108-21); the
    Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5601
    et seq.) (``the 1974 Act''); the Victims of Trafficking and Violence
    Protection Act of 2000 (Public Law 106-386) (``the 2000 Act''); and the
    Violence Against Women and Department of Justice Reauthorization Act of
    2005 (Public Law 109-162) (``the 2005 Act''); and for related victims
    services, $418,500,000, to remain available until expended: Provided,
    That except as otherwise provided by law, not to exceed 3 percent of
    funds made available under this heading may be used for expenses
    related to evaluation, training, and technical assistance: Provided
    further, That of the amount provided (which shall be by transfer for
    programs administered by the Office of Justice Programs)--
            (1) $210,000,000 for grants to combat violence against women,
        as authorized by part T of the 1968 Act, of which--
                (A) $18,000,000 shall be for transitional housing
            assistance grants for victims of domestic violence, stalking or
            sexual assault as authorized by section 40299 of the 1994 Act;
            and
                (B) $3,000,000 shall be for the National Institute of
            Justice for research and evaluation of violence against women
            and related issues addressed by grant programs of the Office on
            Violence Against Women;
            (2) $60,000,000 for grants to encourage arrest policies as
        authorized by part U of the 1968 Act;
            (3) $15,000,000 for sexual assault victims assistance, as
        authorized by section 41601 of the 1994 Act;
            (4) $41,000,000 for rural domestic violence and child abuse
        enforcement assistance grants, as authorized by section 40295 of
        the 1994 Act;
            (5) $9,500,000 for grants to reduce violent crimes against
        women on campus, as authorized by section 304 of the 2005 Act;
            (6) $41,000,000 for legal assistance for victims, as authorized
        by section 1201 of the 2000 Act;
            (7) $4,250,000 for enhanced training and services to end
        violence against and abuse of women in later life, as authorized by
        section 40802 of the 1994 Act;
            (8) $14,000,000 for the safe havens for children program, as
        authorized by section 1301 of the 2000 Act;
            (9) $6,750,000 for education and training to end violence
        against and abuse of women with disabilities, as authorized by
        section 1402 of the 2000 Act;
            (10) $3,000,000 for an engaging men and youth in prevention
        program, as authorized by section 41305 of the 1994 Act;
            (11) $1,000,000 for tracking of violence against Indian women,
        as authorized by section 905 of the 2005 Act and consistent with
        title I of the Adam Walsh Child Protection and Safety Act of 2006;
            (12) $3,500,000 for services to advocate and respond to youth,
        as authorized by section 41201 of the 1994 Act;
            (13) $3,000,000 for grants to assist children and youth exposed
        to violence, as authorized by section 41303 of the 1994 Act;
            (14) $3,000,000 for the court training and improvements
        program, as authorized by section 41002 of the 1994 Act;
            (15) $1,000,000 for the National Resource Center on Workplace
        Responses to assist victims of domestic violence, as authorized by
        section 41501 of the 1994 Act; and
            (16) $2,500,000 for the Supporting Teens through Education and
        Protection program, as authorized by section 41204 of the 1994 Act.

                           Office of Justice Programs

                               justice assistance

        For grants, contracts, cooperative agreements, and other assistance
    authorized by title I of the Omnibus Crime Control and Safe Streets Act
    of 1968 ``the 1968 Act''; the Juvenile Justice and Delinquency
    Prevention Act of 1974 ``the 1974 Act''; the Missing Children's
    Assistance Act (42 U.S.C. 5771 et seq.); the Prosecutorial Remedies and
    Other Tools to end the Exploitation of Children Today Act of 2003
    (Public Law 108-21); the Justice for All Act of 2004 (Public Law 108-
    405); the Violence Against Women and Department of Justice
    Reauthorization Act of 2005 (Public Law 109-162); the Victims of Child
    Abuse Act of 1990 (Public Law 101-647); the Second Chance Act of 2007
    (Public Law 110-199); the Victims of Crime Act of 1984 (Public Law 98-
    473); the Adam Walsh Child Protection and Safety Act of 2006 (Public
    Law 109-248); the PROTECT Our Children Act of 2008 (Public Law 110-
    401); subtitle D of title II of the Homeland Security Act of 2002
    (Public Law 107-296), which may include research and development; and
    other programs (including the Statewide Automated Victim Notification
    Program); $235,000,000, to remain available until expended, of which--
            (1) $60,000,000 is for criminal justice statistics programs,
        and other activities, as authorized by part C of title I of the
        1968 Act, of which $41,000,000 is for the National Crime
        Victimization Survey;
            (2) $48,000,000 is for research, development, and evaluation
        programs, and other activities as authorized by part B of title I
        of the 1968 Act;
            (3) $12,000,000 is for the Statewide Victim Notification System
        of the Bureau of Justice Assistance;
            (4) $45,000,000 is for the Regional Information Sharing System,
        as authorized by part M of title I of the 1968 Act; and
            (5) $70,000,000 is for missing and exploited children programs,
        including as authorized by sections 404(b) and 405(a) of the 1974
        Act.

                   state and local law enforcement assistance

        For grants, contracts, cooperative agreements, and other assistance
    authorized by the Violent Crime Control and Law Enforcement Act of 1994
    (Public Law 103-322) (``the 1994 Act''); the Omnibus Crime Control and
    Safe Streets Act of 1968 (``the 1968 Act''); the Justice for All Act of
    2004 (Public Law 108-405); the Victims of Child Abuse Act of 1990
    (Public Law 101-647) (``the 1990 Act''); the Trafficking Victims
    Protection Reauthorization Act of 2005 (Public Law 109-164); the
    Violence Against Women and Department of Justice Reauthorization Act of
    2005 (Public Law 109-162); the Adam Walsh Child Protection and Safety
    Act of 2006 (Public Law 109-248); and the Victims of Trafficking and
    Violence Protection Act of 2000 (Public Law 106-386); the Second Chance
    Act of 2007 (Public Law 110-199); the Prioritizing Resources and
    Organization for Intellectual Property Act of 2008 (Public Law 110-
    403); and other programs; $1,534,768,000, to remain available until
    expended as follows--
            (1) $519,000,000 for the Edward Byrne Memorial Justice
        Assistance Grant program as authorized by subpart 1 of part E of
        title I of the 1968 Act, (except that section 1001(c), and the
        special rules for Puerto Rico under section 505(g), of the 1968
        Act, as amended, shall not apply for purposes of this Act), of
        which $5,000,000 is for use by the National Institute of Justice in
        assisting units of local government to identify, select, develop,
        modernize, and purchase new technologies for use by law
        enforcement, and $3,000,000 is for a program to improve State and
        local law enforcement intelligence capabilities including
        antiterrorism training and training to ensure that constitutional
        rights, civil liberties, civil rights, and privacy interests are
        protected throughout the intelligence process;
            (2) $330,000,000 for the State Criminal Alien Assistance
        Program, as authorized by section 241(i)(5) of the Immigration and
        Nationality Act (8 U.S.C. 1231(i)(5));
            (3) $31,000,000 for the Southwest Border Prosecutor Initiative
        to reimburse State, county, parish, tribal, or municipal
        governments for costs associated with the prosecution of criminal
        cases declined by local offices of the United States Attorneys;
            (4) $185,268,000 for discretionary grants to improve the
        functioning of the criminal justice system, to prevent or combat
        juvenile delinquency, and to assist victims of crime (other than
        compensation), which shall be used for the projects, and in the
        amounts, specified in the explanatory statement accompanying this
        Act;
            (5) $40,000,000 for competitive grants to improve the
        functioning of the criminal justice system, to prevent or combat
        juvenile delinquency, and to assist victims of crime (other than
        compensation);
            (6) $2,000,000 for the purposes described in the Missing
        Alzheimer's Disease Patient Alert Program (section 240001 of the
        1994 Act);
            (7) $12,500,000 for victim services programs for victims of
        trafficking, as authorized by section 107(b)(2) of Public Law 106-
        386 and for programs authorized under Public Law 109-164;
            (8) $45,000,000 for Drug Courts, as authorized by section
        1001(25)(A) of title I of the 1968 Act;
            (9) $7,000,000 for a program to monitor prescription drugs and
        scheduled listed chemical products;
            (10) $15,000,000 for prison rape prevention and prosecution and
        other programs, as authorized by the Prison Rape Elimination Act of
        2003 (Public Law 108-79);
            (11) $30,000,000 for grants for Residential Substance Abuse
        Treatment for State Prisoners, as authorized by part S of title I
        of the 1968 Act;
            (12) $5,500,000 for the Capital Litigation Improvement Grant
        Program, as authorized by section 426 of Public Law 108-405, and
        for grants for wrongful conviction review;
            (13) $12,000,000 for mental health courts and adult and
        juvenile collaboration program grants, as authorized by parts V and
        HH of title I of the 1968 Act, and the Mentally Ill Offender
        Treatment and Crime Reduction Reauthorization and Improvement Act
        of 2008 (Public Law 110-416);
            (14) $50,000,000 for assistance to Indian tribes, of which--
                (A) $10,000,000 shall be available for grants under section
            20109 of subtitle A of title II of the 1994 Act;
                (B) $25,000,000 shall be available for the Tribal Courts
            Initiative;
                (C) $12,000,000 shall be available for tribal alcohol and
            substance abuse reduction assistance grants; and
                (D) $3,000,000 shall be available for training and
            technical assistance and civil and criminal legal assistance as
            authorized by title I of Public Law 106-559;
            (15) $20,000,000 for economic, high technology and Internet
        crime prevention grants, including as authorized by section 401 of
        Public Law 110-403;
            (16) $15,000,000 for the court-appointed special advocate
        program, as authorized by section 217 of the 1990 Act;
            (17) $2,500,000 for child abuse training programs for judicial
        personnel and practitioners, as authorized by section 222 of the
        1990 Act;
            (18) $3,000,000 for grants to improve the stalking and domestic
        violence database, as authorized by section 40602 of the 1994 Act;
            (19) $1,000,000 for analysis and research on violence against
        Indian women, including as authorized by section 904 of the 2005
        Act;
            (20) $3,500,000 for training programs as authorized by section
        40152 of the 1994 Act, and for related local demonstration
        projects;
            (21) $1,000,000 for grants for televised testimony, as
        authorized by part N of title I of the 1968 Act;
            (22) $15,000,000 for programs to reduce gun crime and gang
        violence;
            (23) $20,000,000 for grants to assist State and tribal
        governments as authorized by the NICS Improvements Amendments Act
        of 2007 (Public Law 110-180);
            (24) $11,500,000 for the National Criminal History Improvement
        program for grants to upgrade criminal records;
            (25) $100,000,000 for offender reentry programs, as authorized
        by the Second Chance Act of 2007 (Public Law 110-199), of which
        $37,000,000 is for grants for adult and juvenile offender State and
        local reentry demonstration projects, $15,000,000 is for grants for
        mentoring and transitional services, $10,000,000 is for reentry
        courts, $7,500,000 is for family-based substance abuse treatment,
        $2,500,000 is for evaluation and improvement of education at
        prisons, jails, and juvenile facilities, $5,000,000 is for
        technology careers training demonstration grants, $13,000,000 is
        for offender reentry substance abuse and criminal justice
        collaboration, and $10,000,000 is for prisoner reentry research;
            (26) $10,000,000 for activities related to comprehensive
        criminal justice reform and recidivism reduction efforts by States;
            (27) $10,000,000 for implementation of a student loan repayment
        assistance program pursuant to section 952 of Public Law 110-315;
            (28) $3,000,000 for the Northern Border Prosecutor Initiative
        to reimburse State, county, parish, tribal, or municipal
        governments for the costs associated with the prosecution of
        criminal cases declined by local offices of the United States
        Attorneys; and
            (29) $35,000,000 for Paul Coverdell Forensic Science
        Improvement Grants under part BB of title I of the 1968 Act:
    Provided,  That if a unit of local government uses any of the funds
    made available under this heading to increase the number of law
    enforcement officers, the unit of local government will achieve a net
    gain in the number of law enforcement officers who perform non-
    administrative public sector safety service.

                           weed and seed program fund

        For necessary expenses, including salaries and related expenses of
    the Office of Weed and Seed Strategies, $20,000,000, to remain
    available until expended, as authorized by section 103 of title I of
    the Omnibus Crime Control and Safe Streets Act of 1968.

                           juvenile justice programs

        For grants, contracts, cooperative agreements, and other assistance
    authorized by the Juvenile Justice and Delinquency Prevention Act of
    1974 (``the 1974 Act''), the Omnibus Crime Control and Safe Streets Act
    of 1968 (``the 1968 Act''), the Violence Against Women and Department
    of Justice Reauthorization Act of 2005 (Public Law 109-162), the
    Missing Children's Assistance Act (42 U.S.C. 5771 et seq.); the
    Prosecutorial Remedies and Other Tools to end the Exploitation of
    Children Today Act of 2003 (Public Law 108-21); the Victims of Child
    Abuse Act of 1990 (Public Law 101-647); the Adam Walsh Child Protection
    and Safety Act of 2006 (Public Law 109-248); the PROTECT Our Children
    Act of 2008 (Public Law 110-401), and other juvenile justice programs,
    $423,595,000, to remain available until expended as follows--
            (1) $75,000,000 for programs authorized by section 221 of the
        1974 Act, and for training and technical assistance to assist
        small, non-profit organizations with the Federal grants process;
            (2) $91,095,000 for grants and projects, as authorized by
        sections 261 and 262 of the 1974 Act, which shall be used for the
        projects, and in the amounts, specified in the explanatory
        statement accompanying this Act;
            (3) $100,000,000 for youth mentoring grants;
            (4) $65,000,000 for delinquency prevention, as authorized by
        section 505 of the 1974 Act, of which, pursuant to sections 261 and
        262 thereof--
                (A) $25,000,000 shall be for the Tribal Youth Program;
                (B) $10,000,000 shall be for a gang education initiative;
            and
                (C) $25,000,000 shall be for grants of $360,000 to each
            State and $4,840,000 shall be available for discretionary
            grants, for programs and activities to enforce State laws
            prohibiting the sale of alcoholic beverages to minors or the
            purchase or consumption of alcoholic beverages by minors, for
            prevention and reduction of consumption of alcoholic beverages
            by minors, and for technical assistance and training;
            (5) $22,500,000 for programs authorized by the Victims of Child
        Abuse Act of 1990;
            (6) $55,000,000 for the Juvenile Accountability Block Grants
        program as authorized by part R of title I of the 1968 Act and Guam
        shall be considered a State;
            (7) $10,000,000 for community-based violence prevention
        initiatives; and
            (8) $5,000,000 for the Safe Start Program, as authorized by the
        1974 Act:
    Provided, That not more than 10 percent of each amount may be used for
    research, evaluation, and statistics activities designed to benefit the
    programs or activities authorized: Provided further, That not more than
    2 percent of each amount may be used for training and technical
    assistance: Provided further, That the previous two provisos shall not
    apply to grants and projects authorized by sections 261 and 262 of the
    1974 Act.

                         public safety officer benefits

        For payments and expenses authorized under section 1001(a)(4) of
    title I of the Omnibus Crime Control and Safe Streets Act of 1968, such
    sums as are necessary (including amounts for administrative costs,
    which amounts shall be paid to the ``Salaries and Expenses'' account),
    to remain available until expended; and $9,100,000 for payments
    authorized by section 1201(b) of such Act and for educational
    assistance authorized by section 1218 of such Act, to remain available
    until expended: Provided, That notwithstanding section 205 of this Act,
    upon a determination by the Attorney General that emergent
    circumstances require additional funding for such disability and
    education payments, the Attorney General may transfer such amounts to
    ``Public Safety Officer Benefits'' from available appropriations for
    the current fiscal year for the Department of Justice as may be
    necessary to respond to such circumstances: Provided further, That any
    transfer pursuant to the previous proviso shall be treated as a
    reprogramming under section 505 of this Act and shall not be available
    for obligation or expenditure except in compliance with the procedures
    set forth in that section.

                      Community Oriented Policing Services

                         (including transfers of funds)

        For activities authorized by the Violent Crime Control and Law
    Enforcement Act of 1994 (Public Law 103-322); the Omnibus Crime Control
    and Safe Streets Act of 1968 (``the 1968 Act''); the Violence Against
    Women and Department of Justice Reauthorization Act of 2005 (Public Law
    109-162); subtitle D of title II of the Homeland Security Act of 2002
    (Public Law 107-296), which may include research and development; and
    the USA PATRIOT Improvement and Reauthorization Act of 2005 (Public Law
    109-177); the NICS Improvement Amendments Act of 2007 (Public Law 110-
    180); the Adam Walsh Child Protection and Safety Act of 2006 (Public
    Law 109-248) (the ``Adam Walsh Act''); and the Justice for All Act of
    2004 (Public Law 108-405), $791,608,000, to remain available until
    expended: Provided, That any balances made available through prior year
    deobligations shall only be available in accordance with section 505 of
    this Act. Of the amount provided (which shall be by transfer, for
    programs administered by the Office of Justice Programs)--
            (1) $30,000,000 for the matching grant program for law
        enforcement armor vests, as authorized by section 2501 of title I
        of the 1968 Act: Provided, That $1,500,000 is for related research,
        testing, and evaluation programs;
            (2) $40,385,000 for grants to entities described in section
        1701 of title I of the 1968 Act, to address public safety and
        methamphetamine manufacturing, sale, and use in hot spots as
        authorized by section 754 of Public Law 109-177, and for other
        anti-methamphetamine-related activities: Provided, That within the
        amounts appropriated $25,385,000 shall be used for the projects,
        and in the amounts, specified in the explanatory statement
        accompanying this Act: Provided further, That within the amounts
        appropriated $10,000,000 shall be transferred to the Drug
        Enforcement Administration upon enactment of this Act: Provided
        further, That within the amounts appropriated $5,000,000 is for
        anti-methamphetamine-related activities in Indian Country;
            (3) $170,223,000 for a law enforcement technologies and
        interoperable communications program, and related law enforcement
        and public safety equipment: Provided, That within the amounts
        appropriated, $168,723,000 shall be used for the projects, and in
        the amounts, specified in the explanatory statement accompanying
        this Act: Provided further, That of the amounts provided under this
        heading $1,500,000 is transferred directly to the National
        Institute of Standards and Technology's Office of Law Enforcement
        Standards from the Community Oriented Policing Services Office for
        research, testing, and evaluation programs;
            (4) $161,000,000 for DNA related and forensic programs and
        activities, of which--
                (A) $151,000,000 is for a DNA analysis and capacity
            enhancement program and for other local, State, and Federal
            forensic activities including the purposes of section 2 of the
            DNA Analysis Backlog Elimination Act of 2000 (the Debbie Smith
            DNA Backlog Grant Program);
                (B) $5,000,000 is for the purposes described in the Kirk
            Bloodsworth Post-Conviction DNA Testing Program (Public Law
            108-405, section 412); and
                (C) $5,000,000 is for Sexual Assault Forensic Exam Program
            Grants as authorized by Public Law 108-405, section 304;
            (5) $40,000,000 for improving tribal law enforcement, including
        equipment and training;
            (6) $12,000,000 for community policing development activities;
            (7) $24,000,000 for a national grant program the purpose of
        which is to assist State and local law enforcement to locate,
        arrest and prosecute child sexual predators and exploiters, and to
        enforce sex offender registration laws described in section 1701(b)
        of the 1968 Act, of which--
                (A) $11,000,000 is for sex offender management assistance
            as authorized by the Adam Walsh Act and the Violent Crime
            Control Act of 1994 (Public Law 103-322); and
                (B) $1,000,000 is for the National Sex Offender Public
            Registry;
            (8) $16,000,000 for expenses authorized by part AA of the 1968
        Act (Secure our Schools); and
            (9) $298,000,000 for grants under section 1701 of title I of
        the 1968 Act (42 U.S.C. 3796dd) for the hiring and rehiring of
        additional career law enforcement officers under part Q of such
        title notwithstanding subsections (g) and (i) of such section and
        notwithstanding 42 U.S.C. 3796dd-3(c).

                             Salaries and Expenses

        For necessary expenses, not elsewhere specified in this title, for
    management and administration of programs within the Office on Violence
    Against Women, the Office of Justice Programs and the Community
    Oriented Policing Services Office, $192,388,000, of which not to exceed
    $15,708,000 shall be available for the Office on Violence Against
    Women; not to exceed $139,218,000 shall be available for the Office of
    Justice Programs; not to exceed $37,462,000 shall be available for the
    Community Oriented Policing Services Office: Provided, That,
    notwithstanding section 109 of title I of Public Law 90-351, an
    additional amount, not to exceed $21,000,000 shall be available for
    authorized activities of the Office of Audit, Assessment, and
    Management: Provided further, That the total amount available for
    management and administration of such programs shall not exceed
    $213,388,000: Provided further, That notwithstanding section 205 of
    this Act, upon a determination by the Attorney General that emergent
    circumstances require additional funding for management and
    administration of such programs, the Attorney General may transfer such
    amounts to ``Salaries and Expenses'' from available appropriations for
    the current fiscal year for the Department of Justice as may be
    necessary to respond to such circumstances: Provided further, That any
    transfer pursuant to the previous proviso shall be treated as a
    reprogramming under section 505 of this Act and shall not be available
    for obligation or expenditure except in compliance with the procedures
    set forth in that section.

                   General Provisions--Department of Justice

        Sec. 201.  In addition to amounts otherwise made available in this
    title for official reception and representation expenses, a total of
    not to exceed $75,000 from funds appropriated to the Department of
    Justice in this title shall be available to the Attorney General for
    official reception and representation expenses.
        Sec. 202.  None of the funds appropriated by this title shall be
    available to pay for an abortion, except where the life of the mother
    would be endangered if the fetus were carried to term, or in the case
    of rape: Provided, That should this prohibition be declared
    unconstitutional by a court of competent jurisdiction, this section
    shall be null and void.
        Sec. 203.  None of the funds appropriated under this title shall be
    used to require any person to perform, or facilitate in any way the
    performance of, any abortion.
        Sec. 204.  Nothing in the preceding section shall remove the
    obligation of the Director of the Bureau of Prisons to provide escort
    services necessary for a female inmate to receive such service outside
    the Federal facility: Provided, That nothing in this section in any way
    diminishes the effect of section 203 intended to address the
    philosophical beliefs of individual employees of the Bureau of Prisons.
        Sec. 205.  Not to exceed 5 percent of any appropriation made
    available for the current fiscal year for the Department of Justice in
    this Act may be transferred between such appropriations, but no such
    appropriation, except as otherwise specifically provided, shall be
    increased by more than 10 percent by any such transfers: Provided, That
    any transfer pursuant to this section shall be treated as a
    reprogramming of funds under section 505 of this Act and shall not be
    available for obligation except in compliance with the procedures set
    forth in that section.
        Sec. 206.  The Attorney General is authorized to extend through
    September 30, 2011, the Personnel Management Demonstration Project
    transferred to the Attorney General pursuant to section 1115 of the
    Homeland Security Act of 2002, Public Law 107-296 (6 U.S.C. 533)
    without limitation on the number of employees or the positions covered.
        Sec. 207.  Notwithstanding any other provision of law, Public Law
    102-395 section 102(b) shall extend to the Bureau of Alcohol, Tobacco,
    Firearms and Explosives in the conduct of undercover investigative
    operations and shall apply without fiscal year limitation with respect
    to any undercover investigative operation by the Bureau of Alcohol,
    Tobacco, Firearms and Explosives that is necessary for the detection
    and prosecution of crimes against the United States.
        Sec. 208.  None of the funds made available to the Department of
    Justice in this Act may be used for the purpose of transporting an
    individual who is a prisoner pursuant to conviction for crime under
    State or Federal law and is classified as a maximum or high security
    prisoner, other than to a prison or other facility certified by the
    Federal Bureau of Prisons as appropriately secure for housing such a
    prisoner.
        Sec. 209. (a) None of the funds appropriated by this Act may be
    used by Federal prisons to purchase cable television services, to rent
    or purchase videocassettes, videocassette recorders, or other
    audiovisual or electronic equipment used primarily for recreational
    purposes.
        (b) The preceding sentence does not preclude the renting,
    maintenance, or purchase of audiovisual or electronic equipment for
    inmate training, religious, or educational programs.
        Sec. 210.  None of the funds made available under this title shall
    be obligated or expended for Sentinel, or for any other major new or
    enhanced information technology program having total estimated
    development costs in excess of $100,000,000, unless the Deputy Attorney
    General and the investment review board certify to the Committees on
    Appropriations that the information technology program has appropriate
    program management and contractor oversight mechanisms in place, and
    that the program is compatible with the enterprise architecture of the
    Department of Justice.
        Sec. 211.  The notification thresholds and procedures set forth in
    section 505 of this Act shall apply to deviations from the amounts
    designated for specific activities in this Act and accompanying
    statement, and to any use of deobligated balances of funds provided
    under this title in previous years.
        Sec. 212.  None of the funds appropriated by this Act may be used
    to plan for, begin, continue, finish, process, or approve a public-
    private competition under the Office of Management and Budget Circular
    A-76 or any successor administrative regulation, directive, or policy
    for work performed by employees of the Bureau of Prisons or of Federal
    Prison Industries, Incorporated.
        Sec. 213.  Notwithstanding any other provision of law, no funds
    shall be available for the salary, benefits, or expenses of any United
    States Attorney assigned dual or additional responsibilities by the
    Attorney General or his designee that exempt that United States
    Attorney from the residency requirements of 28 U.S.C. 545.
        Sec. 214.  None of the funds appropriated in this or any other Act
    shall be obligated for the initiation of a future phase of the Federal
    Bureau of Investigation's Sentinel program until the Attorney General
    certifies to the Committees on Appropriations that existing phases
    currently under contract for development or fielding have completed a
    majority of the work for that phase under the performance measurement
    baseline validated by the integrated baseline review conducted in 2008:
    Provided, That this restriction does not apply to planning and design
    activities for future phases: Provided further, That the Bureau will
    notify the Committees on Appropriations of any significant changes to
    the baseline.
        Sec. 215.  In addition to any amounts that otherwise may be
    available (or authorized to be made available) by law, with respect to
    funds appropriated by this Act under the headings ``Justice
    Assistance'', ``State and Local Law Enforcement Assistance'', ``Weed
    and Seed'', ``Juvenile Justice Programs'', and ``Community Oriented
    Policing Services''--
            (1) Up to 3 percent of funds made available to the Office of
        Justice Programs for grants or reimbursement may be used to provide
        training and technical assistance; and
            (2) Up to 1 percent of funds made available to such Office for
        formula grants under such headings may be used for research or
        statistical purposes by the National Institute of Justice or the
        Bureau of Justice Statistics, pursuant to, respectively, sections
        201 and 202, and sections 301 and 302 of title I of Public Law 90-
        351.
        Sec. 216.  The Attorney General may, upon request by a grantee and
    based upon a determination of fiscal hardship, waive the requirements
    of paragraph (1) of section 2976(g) of the Omnibus Crime Control and
    Safe Streets Act of 1968 (42 U.S.C. 3797w(g)(1)) with respect to funds
    appropriated in this or any other Act making appropriations for fiscal
    years 2009 and 2010 for Adult and Juvenile Offender State and Local
    Reentry Demonstration Projects authorized under part FF of such Act of
    1968.
        Sec. 217.  Section 5759 of title 5, United States Code, is amended
    by striking subsection (e).
        Sec. 218. (a) The Attorney General shall submit quarterly reports
    to the Inspector General of the Department of Justice regarding the
    costs and contracting procedures relating to each conference held by
    the Department of Justice during fiscal year 2010 for which the cost to
    the Government was more than $20,000.
        (b) Each report submitted under subsection (a) shall include, for
    each conference described in that subsection held during the applicable
    quarter--
            (1) a description of the subject of and number of participants
        attending that conference;
            (2) a detailed statement of the costs to the Government
        relating to that conference, including--
                (A) the cost of any food or beverages;
                (B) the cost of any audio-visual services; and
                (C) a discussion of the methodology used to determine which
            costs relate to that conference; and
            (3) a description of the contracting procedures relating to
        that conference, including--
                (A) whether contracts were awarded on a competitive basis
            for that conference; and
                (B) a discussion of any cost comparison conducted by the
            Department of Justice in evaluating potential contractors for
            that conference.
        Sec. 219. (a) Subchapter IV of chapter 57 of title 5, United States
    Code, is amended by adding at the end the following:
        ``Sec. 5761. Foreign language proficiency pay awards for the
          Federal Bureau of Investigation
        ``The Director of the Federal Bureau of Investigation may, under
    regulations prescribed by the Director, pay a cash award of up to 10
    percent of basic pay to any Bureau employee who maintains proficiency
    in a language or languages critical to the mission or who uses one or
    more foreign languages in the performance of official duties.''.
        (b) The analysis for chapter 57 of title 5, United States Code, is
    amended by adding at the end the following:

    ``5761. Foreign language proficiency pay awards for the Federal Bureau
              of Investigation.''
        Sec. 220.  For purposes of the allocation under section 505(d)(1)
    of title I of Public Law 90-351 (42 U.S.C. 3755(d)(1)) for fiscal year
    2010, the Attorney General is authorized to waive the application of
    section 505(e)(3) (42 U.S.C. 3755(e)(3)) to any non-reporting unit of
    local government that--
            (1) was eligible to receive an allocation under section
        505(d)(2)(B) (42 U.S.C. 3755(d)(2)(B));
            (2) agrees to begin to report timely data on part I violent
        crimes of the Uniform Crime Reports to the Federal Bureau of
        Investigation by not later than the end of such fiscal year; and
            (3) does so begin in accordance with such agreement.
        This title may be cited as the ``Department of Justice
    Appropriations Act, 2010''.

                                   TITLE III

                                    SCIENCE

                    Office of Science and Technology Policy

        For necessary expenses of the Office of Science and Technology
    Policy, in carrying out the purposes of the National Science and
    Technology Policy, Organization, and Priorities Act of 1976 (42 U.S.C.
    6601-6671), hire of passenger motor vehicles, and services as
    authorized by 5 U.S.C. 3109, not to exceed $2,500 for official
    reception and representation expenses, and rental of conference rooms
    in the District of Columbia, $7,000,000.

                 National Aeronautics and Space Administration

                                    science

        For necessary expenses, not otherwise provided for, in the conduct
    and support of science research and development activities, including
    research, development, operations, support, and services; maintenance;
    space flight, spacecraft control, and communications activities;
    program management; personnel and related costs, including uniforms or
    allowances therefor, as authorized by 5 U.S.C. 5901-5902; travel
    expenses; purchase and hire of passenger motor vehicles; and purchase,
    lease, charter, maintenance, and operation of mission and
    administrative aircraft, $4,469,000,000, to remain available until
    September 30, 2011.

                                  aeronautics

        For necessary expenses, not otherwise provided for, in the conduct
    and support of aeronautics research and development activities,
    including research, development, operations, support, and services;
    maintenance; space flight, spacecraft control, and communications
    activities; program management; personnel and related costs, including
    uniforms or allowances therefor, as authorized by 5 U.S.C. 5901-5902;
    travel expenses; purchase and hire of passenger motor vehicles; and
    purchase, lease, charter, maintenance, and operation of mission and
    administrative aircraft, $501,000,000, to remain available until
    September 30, 2011.

                                  exploration

        For necessary expenses, not otherwise provided for, in the conduct
    and support of exploration research and development activities,
    including research, development, operations, support, and services;
    maintenance; space flight, spacecraft control, and communications
    activities; program management, personnel and related costs, including
    uniforms or allowances therefor, as authorized by 5 U.S.C. 5901-5902;
    travel expenses; purchase and hire of passenger motor vehicles; and
    purchase, lease, charter, maintenance, and operation of mission and
    administrative aircraft, $3,746,300,000, to remain available until
    September 30, 2011: Provided, That notwithstanding section 505 of this
    Act, none of the funds provided herein and from prior years that remain
    available for obligation during fiscal year 2010 shall be available for
    the termination or elimination of any program, project or activity of
    the architecture for the Constellation program nor shall such funds be
    available to create or initiate a new program, project or activity,
    unless such program termination, elimination, creation, or initiation
    is provided in subsequent appropriations Acts.

                                space operations

        For necessary expenses, not otherwise provided for, in the conduct
    and support of space operations research and development activities,
    including research, development, operations, support and services;
    space flight, spacecraft control and communications activities
    including operations, production, and services; maintenance; program
    management; personnel and related costs, including uniforms or
    allowances therefor, as authorized by 5 U.S.C. 5901-5902; travel
    expenses; purchase and hire of passenger motor vehicles; and purchase,
    lease, charter, maintenance and operation of mission and administrative
    aircraft, $6,146,800,000, to remain available until September 30, 2011:
    Provided, That of the amounts provided under this heading, not more
    than $3,157,100,000 shall be for Space Shuttle operations, production,
    research, development, and support, not more than $2,317,000,000 shall
    be for International Space Station operations, production, research,
    development, and support, and not more than $751,500,000 shall be for
    Space and Flight Support.

                                   education

        For necessary expenses, not otherwise provided for, in carrying out
    aerospace and aeronautical education research and development
    activities, including research, development, operations, support, and
    services; program management; personnel and related costs, uniforms or
    allowances therefor, as authorized by 5 U.S.C. 5901-5902; travel
    expenses; purchase and hire of passenger motor vehicles; and purchase,
    lease, charter, maintenance, and operation of mission and
    administrative aircraft, $182,500,000, to remain available until
    September 30, 2011.

                              cross agency support

        For necessary expenses, not otherwise provided for, in the conduct
    and support of science, aeronautics, exploration, space operations and
    education research and development activities, including research,
    development, operations, support, and services; maintenance; space
    flight, spacecraft control, and communications activities; program
    management; personnel and related costs, including uniforms or
    allowances therefor, as authorized by 5 U.S.C. 5901-5902; travel
    expenses; purchase and hire of passenger motor vehicles; not to exceed
    $70,000 for official reception and representation expenses; and
    purchase, lease, charter, maintenance, and operation of mission and
    administrative aircraft, $3,194,000,000: Provided, That not more than
    $2,206,300,000 shall be available for center management and operations:
    Provided further, That not less than $40,000,000 shall be available for
    independent verification and validation activities: Provided further,
    That within the amounts appropriated, $63,000,000 shall be used for the
    projects, and in the amounts, specified in the explanatory statement
    accompanying this Act.

           construction and environmental compliance and remediation

        For necessary expenses for construction of facilities including
    repair, rehabilitation, revitalization, and modification of facilities,
    construction of new facilities and additions to existing facilities,
    facility planning and design, and restoration, and acquisition or
    condemnation of real property, as authorized by law, and environmental
    compliance and restoration, $448,300,000, to remain available until
    September 30, 2015: Provided, That within the funds provided,
    $13,700,000 shall be available to support science research and
    development activities; $90,800,000 shall be available to support
    exploration research and development activities; $27,300,000 shall be
    available to support space operations research and development
    activities; and $316,500,000 shall be available for cross agency
    support activities: Provided further, That hereafter, notwithstanding
    section 315 of the National Aeronautics and Space Act of 1958 (42
    U.S.C. 2459j), all proceeds from leases entered into under that section
    shall be deposited into this account and shall be available for a
    period of 5 years, to the extent provided in annual appropriations
    Acts: Provided further, That such proceeds shall be available for
    obligation for fiscal year 2010 in an amount not to exceed $6,226,000:
    Provided further, That each annual budget request shall include an
    annual estimate of gross receipts and collections and proposed use of
    all funds collected pursuant to section 315 of the National Aeronautics
    and Space Act of 1958 (42 U.S.C. 2459j).

                          office of inspector general

        For necessary expenses of the Office of Inspector General in
    carrying out the Inspector General Act of 1978, $36,400,000.

                           administrative provisions

        Funds for announced prizes otherwise authorized shall remain
    available, without fiscal year limitation, until the prize is claimed
    or the offer is withdrawn.
        Not to exceed 5 percent of any appropriation made available for the
    current fiscal year for the National Aeronautics and Space
    Administration in this Act may be transferred between such
    appropriations, but no such appropriation, except as otherwise
    specifically provided, shall be increased by more than 10 percent by
    any such transfers. Any transfer pursuant to this provision shall be
    treated as a reprogramming of funds under section 505 of this Act and
    shall not be available for obligation except in compliance with the
    procedures set forth in that section.
        Notwithstanding any other provision of law, no funds shall be used
    to implement by Reduction in Force or other involuntary separations
    (except for cause) by the National Aeronautics and Space Administration
    prior to September 30, 2010.
        The unexpired balances of the Science, Aeronautics, and Exploration
    account, for activities for which funds are provided under this Act,
    may be transferred to the new accounts established in this Act that
    provide such activity. Balances so transferred shall be merged with the
    funds in the newly established accounts, but shall be available under
    the same terms, conditions and period of time as previously
    appropriated.

                          National Science Foundation

                        research and related activities

                         (including transfer of funds)

        For necessary expenses in carrying out the National Science
    Foundation Act of 1950, as amended (42 U.S.C. 1861-1875), and the Act
    to establish a National Medal of Science (42 U.S.C. 1880-1881);
    services as authorized by 5 U.S.C. 3109; maintenance and operation of
    aircraft and purchase of flight services for research support;
    acquisition of aircraft; and authorized travel; $5,617,920,000, to
    remain available until September 30, 2011, of which not to exceed
    $570,000,000 shall remain available until expended for polar research
    and operations support, and for reimbursement to other Federal agencies
    for operational and science support and logistical and other related
    activities for the United States Antarctic program: Provided, That from
    funds specified in the fiscal year 2010 budget request for icebreaking
    services, $54,000,000 shall be transferred to the U.S. Coast Guard
    ``Operating Expenses'' within 60 days of enactment of this Act:
    Provided further, That receipts for scientific support services and
    materials furnished by the National Research Centers and other National
    Science Foundation supported research facilities may be credited to
    this appropriation: Provided further, That not less than $147,120,000
    shall be available for activities authorized by section
    7002(c)(2)(A)(iv) of Public Law 110-69.

              major research equipment and facilities construction

        For necessary expenses for the acquisition, construction,
    commissioning, and upgrading of major research equipment, facilities,
    and other such capital assets pursuant to the National Science
    Foundation Act of 1950, as amended (42 U.S.C. 1861-1875), including
    authorized travel, $117,290,000, to remain available until expended:
    Provided, That none of the funds may be used to reimburse the Judgment
    Fund.

                         education and human resources

        For necessary expenses in carrying out science, mathematics and
    engineering education and human resources programs and activities
    pursuant to the National Science Foundation Act of 1950, as amended (42
    U.S.C. 1861-1875), including services as authorized by 5 U.S.C. 3109,
    authorized travel, and rental of conference rooms in the District of
    Columbia, $872,760,000, to remain available until September 30, 2011:
    Provided, That not less than $55,000,000 shall be available until
    expended for activities authorized by section 7030 of Public Law 110-
    69: Provided further, That not less than $32,000,000 shall be available
    until expended for the Historically Black Colleges and Universities
    Undergraduate Program.

                     agency operations and award management

        For agency operations and award management necessary in carrying
    out the National Science Foundation Act of 1950, as amended (42 U.S.C.
    1861-1875); services authorized by 5 U.S.C. 3109; hire of passenger
    motor vehicles; not to exceed $9,200 for official reception and
    representation expenses; uniforms or allowances therefor, as authorized
    by 5 U.S.C. 5901-5902; rental of conference rooms in the District of
    Columbia; and reimbursement of the Department of Homeland Security for
    security guard services; $300,000,000: Provided, That contracts may be
    entered into under this heading in fiscal year 2010 for maintenance and
    operation of facilities, and for other services, to be provided during
    the next fiscal year.

                      office of the national science board

        For necessary expenses (including payment of salaries, authorized
    travel, hire of passenger motor vehicles, the rental of conference
    rooms in the District of Columbia, and the employment of experts and
    consultants under section 3109 of title 5, United States Code) involved
    in carrying out section 4 of the National Science Foundation Act of
    1950, as amended (42 U.S.C. 1863) and Public Law 86-209 (42 U.S.C. 1880
    et seq.), $4,540,000: Provided, That not to exceed $2,800 shall be
    available for official reception and representation expenses.

                          office of inspector general

        For necessary expenses of the Office of Inspector General as
    authorized by the Inspector General Act of 1978, as amended,
    $14,000,000.
        This title may be cited as the ``Science Appropriations Act,
    2010''.

                                    TITLE IV

                                RELATED AGENCIES

                           Commission on Civil Rights

                             salaries and expenses

        For necessary expenses of the Commission on Civil Rights, including
    hire of passenger motor vehicles, $9,400,000: Provided, That none of
    the funds appropriated in this paragraph shall be used to employ in
    excess of four full-time individuals under Schedule C of the Excepted
    Service exclusive of one special assistant for each Commissioner:
    Provided further, That none of the funds appropriated in this paragraph
    shall be used to reimburse Commissioners for more than 75 billable
    days, with the exception of the chairperson, who is permitted 125
    billable days.

                    Equal Employment Opportunity Commission

                             salaries and expenses

        For necessary expenses of the Equal Employment Opportunity
    Commission as authorized by title VII of the Civil Rights Act of 1964,
    the Age Discrimination in Employment Act of 1967, the Equal Pay Act of
    1963, the Americans with Disabilities Act of 1990, the Civil Rights Act
    of 1991, the Genetic Information Non-Discrimination Act (GINA) of 2008
    (Public Law 110-233), the ADA Amendments Act of 2008 (Public Law 110-
    325), and the Lilly Ledbetter Fair Pay Act of 2009 (Public Law 111-2),
    including services as authorized by 5 U.S.C. 3109; hire of passenger
    motor vehicles as authorized by 31 U.S.C. 1343(b); nonmonetary awards
    to private citizens; and not to exceed $30,000,000 for payments to
    State and local enforcement agencies for authorized services to the
    Commission, $367,303,000: Provided, That the Commission is authorized
    to make available for official reception and representation expenses
    not to exceed $2,500 from available funds: Provided further, That the
    Commission may take no action to implement any workforce repositioning,
    restructuring, or reorganization until such time as the House and
    Senate Committees on Appropriations have been notified of such
    proposals, in accordance with the reprogramming requirements of section
    505 of this Act: Provided further, That the Chair is authorized to
    accept and use any gift or donation to carry out the work of the
    Commission.

                         International Trade Commission

                             salaries and expenses

        For necessary expenses of the International Trade Commission,
    including hire of passenger motor vehicles, and services as authorized
    by 5 U.S.C. 3109, and not to exceed $2,500 for official reception and
    representation expenses, $81,860,000, to remain available until
    expended.

                           Legal Services Corporation

                   payment to the legal services corporation

        For payment to the Legal Services Corporation to carry out the
    purposes of the Legal Services Corporation Act of 1974, $420,000,000,
    of which $394,400,000 is for basic field programs and required
    independent audits; $4,200,000 is for the Office of Inspector General,
    of which such amounts as may be necessary may be used to conduct
    additional audits of recipients; $17,000,000 is for management and
    grants oversight; $3,400,000 is for client self-help and information
    technology; and $1,000,000 is for loan repayment assistance: Provided,
    That the Legal Services Corporation may continue to provide locality
    pay to officers and employees at a rate no greater than that provided
    by the Federal Government to Washington, DC-based employees as
    authorized by 5 U.S.C. 5304, notwithstanding section 1005(d) of the
    Legal Services Corporation Act, 42 U.S.C. 2996(d): Provided further,
    That the authorities provided in section 205 of this Act shall be
    applicable to the Legal Services Corporation.

              administrative provision--legal services corporation

        None of the funds appropriated in this Act to the Legal Services
    Corporation shall be expended for any purpose prohibited or limited by,
    or contrary to any of the provisions of, sections 501, 502, 503, 504,
    505, and 506 of Public Law 105-119, and all funds appropriated in this
    Act to the Legal Services Corporation shall be subject to the same
    terms and conditions set forth in such sections, except that all
    references in sections 502 and 503 to 1997 and 1998 shall be deemed to
    refer instead to 2009 and 2010, respectively.

                            Marine Mammal Commission

                             salaries and expenses

        For necessary expenses of the Marine Mammal Commission as
    authorized by title II of Public Law 92-522, $3,250,000.

                Office of the United States Trade Representative

                             salaries and expenses

        For necessary expenses of the Office of the United States Trade
    Representative, including the hire of passenger motor vehicles and the
    employment of experts and consultants as authorized by 5 U.S.C. 3109,
    $47,826,000, of which $1,000,000 shall remain available until expended:
    Provided, That not to exceed $124,000 shall be available for official
    reception and representation expenses: Provided further, That
    negotiations shall be conducted within the World Trade Organization to
    recognize the right of members to distribute monies collected from
    antidumping and countervailing duties: Provided further, That
    negotiations shall be conducted within the World Trade Organization
    consistent with the negotiating objectives contained in the Trade Act
    of 2002, Public Law 107-210.

                            State Justice Institute

                             salaries and expenses

        For necessary expenses of the State Justice Institute, as
    authorized by the State Justice Institute Authorization Act of 1984 (42
    U.S.C. 10701 et seq.) $5,131,000, of which $500,000 shall remain
    available until September 30, 2011: Provided, That not to exceed $2,500
    shall be available for official reception and representation expenses.

                                    TITLE V

                               GENERAL PROVISIONS

        Sec. 501.  No part of any appropriation contained in this Act shall
    be used for publicity or propaganda purposes not authorized by the
    Congress.
        Sec. 502.  No part of any appropriation contained in this Act shall
    remain available for obligation beyond the current fiscal year unless
    expressly so provided herein.
        Sec. 503.  The expenditure of any appropriation under this Act for
    any consulting service through procurement contract, pursuant to 5
    U.S.C. 3109, shall be limited to those contracts where such
    expenditures are a matter of public record and available for public
    inspection, except where otherwise provided under existing law, or
    under existing Executive order issued pursuant to existing law.
        Sec. 504.  If any provision of this Act or the application of such
    provision to any person or circumstances shall be held invalid, the
    remainder of the Act and the application of each provision to persons
    or circumstances other than those as to which it is held invalid shall
    not be affected thereby.
        Sec. 505. (a) None of the funds provided under this Act, or
    provided under previous appropriations Acts to the agencies funded by
    this Act that remain available for obligation or expenditure in fiscal
    year 2010, or provided from any accounts in the Treasury of the United
    States derived by the collection of fees available to the agencies
    funded by this Act, shall be available for obligation or expenditure
    through the reprogramming of funds that--
            (1) creates or initiates a new program, project or activity;
            (2) eliminates a program, project or activity, unless the House
        and Senate Committees on Appropriations are notified 15 days in
        advance of such reprogramming of funds;
            (3) increases funds or personnel by any means for any project
        or activity for which funds have been denied or restricted by this
        Act, unless the House and Senate Committees on Appropriations are
        notified 15 days in advance of such reprogramming of funds;
            (4) relocates an office or employees, unless the House and
        Senate Committees on Appropriations are notified 15 days in advance
        of such reprogramming of funds;
            (5) reorganizes or renames offices, programs or activities,
        unless the House and Senate Committees on Appropriations are
        notified 15 days in advance of such reprogramming of funds;
            (6) contracts out or privatizes any functions or activities
        presently performed by Federal employees, unless the House and
        Senate Committees on Appropriations are notified 15 days in advance
        of such reprogramming of funds;
            (7) proposes to use funds directed for a specific activity by
        either the House or Senate Committee on Appropriations for a
        different purpose, unless the House and Senate Committees on
        Appropriations are notified 15 days in advance of such
        reprogramming of funds;
            (8) augments funds for existing programs, projects or
        activities in excess of $500,000 or 10 percent, whichever is less,
        or reduces by 10 percent funding for any program, project or
        activity, or numbers of personnel by 10 percent as approved by
        Congress, unless the House and Senate Committees on Appropriations
        are notified 15 days in advance of such reprogramming of funds; or
            (9) results from any general savings, including savings from a
        reduction in personnel, which would result in a change in existing
        programs, projects or activities as approved by Congress, unless
        the House and Senate Committees on Appropriations are notified 15
        days in advance of such reprogramming of funds.
        (b) None of the funds in provided under this Act, or provided under
    previous appropriations Acts to the agencies funded by this Act that
    remain available for obligation or expenditure in fiscal year 2010, or
    provided from any accounts in the Treasury of the United States derived
    by the collection of fees available to the agencies funded by this Act,
    shall be available for obligation or expenditure through the
    reprogramming of funds after August 1, except in extraordinary
    circumstances, and only after the House and Senate Committees on
    Appropriations are notified 30 days in advance of such reprogramming of
    funds.
        Sec. 506.  Hereafter, none of the funds made available in this or
    any other Act may be used to implement, administer, or enforce any
    guidelines of the Equal Employment Opportunity Commission covering
    harassment based on religion, when it is made known to the Federal
    entity or official to which such funds are made available that such
    guidelines do not differ in any respect from the proposed guidelines
    published by the Commission on October 1, 1993 (58 Fed. Reg. 51266).
        Sec. 507.  If it has been finally determined by a court or Federal
    agency that any person intentionally affixed a label bearing a ``Made
    in America'' inscription, or any inscription with the same meaning, to
    any product sold in or shipped to the United States that is not made in
    the United States, the person shall be ineligible to receive any
    contract or subcontract made with funds made available in this Act,
    pursuant to the debarment, suspension, and ineligibility procedures
    described in sections 9.400 through 9.409 of title 48, Code of Federal
    Regulations.
        Sec. 508.  The Departments of Commerce and Justice, the National
    Science Foundation, and the National Aeronautics and Space
    Administration, shall provide to the House and Senate Committees on
    Appropriations a quarterly accounting of the cumulative balances of any
    unobligated funds that were received by such agency during any previous
    fiscal year.
        Sec. 509.  Any costs incurred by a department or agency funded
    under this Act resulting from, or to prevent, personnel actions taken
    in response to funding reductions included in this Act shall be
    absorbed within the total budgetary resources available to such
    department or agency: Provided, That the authority to transfer funds
    between appropriations accounts as may be necessary to carry out this
    section is provided in addition to authorities included elsewhere in
    this Act: Provided further, That use of funds to carry out this section
    shall be treated as a reprogramming of funds under section 505 of this
    Act and shall not be available for obligation or expenditure except in
    compliance with the procedures set forth in that section.
        Sec. 510.  None of the funds provided by this Act shall be
    available to promote the sale or export of tobacco or tobacco products,
    or to seek the reduction or removal by any foreign country of
    restrictions on the marketing of tobacco or tobacco products, except
    for restrictions which are not applied equally to all tobacco or
    tobacco products of the same type.
        Sec. 511.  None of the funds appropriated pursuant to this Act or
    any other provision of law may be used for--
            (1) the implementation of any tax or fee in connection with the
        implementation of subsection 922(t) of title 18, United States
        Code; and
            (2) any system to implement subsection 922(t) of title 18,
        United States Code, that does not require and result in the
        destruction of any identifying information submitted by or on
        behalf of any person who has been determined not to be prohibited
        from possessing or receiving a firearm no more than 24 hours after
        the system advises a Federal firearms licensee that possession or
        receipt of a firearm by the prospective transferee would not
        violate subsection (g) or (n) of section 922 of title 18, United
        States Code, or State law.
        Sec. 512.  Notwithstanding any other provision of law, amounts
    deposited or available in the Fund established under 42 U.S.C. 10601 in
    any fiscal year in excess of $705,000,000 shall not be available for
    obligation until the following fiscal year.
        Sec. 513.  None of the funds made available to the Department of
    Justice in this Act may be used to discriminate against or denigrate
    the religious or moral beliefs of students who participate in programs
    for which financial assistance is provided from those funds, or of the
    parents or legal guardians of such students.
        Sec. 514.  None of the funds made available in this Act may be
    transferred to any department, agency, or instrumentality of the United
    States Government, except pursuant to a transfer made by, or transfer
    authority provided in, this Act or any other appropriations Act.
        Sec. 515.  Any funds provided in this Act used to implement E-
    Government Initiatives shall be subject to the procedures set forth in
    section 505 of this Act.
        Sec. 516. (a) Tracing studies conducted by the Bureau of Alcohol,
    Tobacco, Firearms and Explosives are released without adequate
    disclaimers regarding the limitations of the data.
        (b) The Bureau of Alcohol, Tobacco, Firearms and Explosives shall
    include in all such data releases, language similar to the following
    that would make clear that trace data cannot be used to draw broad
    conclusions about firearms-related crime:
            (1) Firearm traces are designed to assist law enforcement
        authorities in conducting investigations by tracking the sale and
        possession of specific firearms. Law enforcement agencies may
        request firearms traces for any reason, and those reasons are not
        necessarily reported to the Federal Government. Not all firearms
        used in crime are traced and not all firearms traced are used in
        crime.
            (2) Firearms selected for tracing are not chosen for purposes
        of determining which types, makes, or models of firearms are used
        for illicit purposes. The firearms selected do not constitute a
        random sample and should not be considered representative of the
        larger universe of all firearms used by criminals, or any subset of
        that universe. Firearms are normally traced to the first retail
        seller, and sources reported for firearms traced do not necessarily
        represent the sources or methods by which firearms in general are
        acquired for use in crime.
        Sec. 517. (a) The Inspectors General of the Department of Commerce,
    the Department of Justice, the National Aeronautics and Space
    Administration, the National Science Foundation, and the Legal Services
    Corporation shall conduct audits, pursuant to the Inspector General Act
    (5 U.S.C. App.), of grants or contracts for which funds are
    appropriated by this Act, and shall submit reports to Congress on the
    progress of such audits, which may include preliminary findings and a
    description of areas of particular interest, within 180 days after
    initiating such an audit and every 180 days thereafter until any such
    audit is completed.
        (b) Within 60 days after the date on which an audit described in
    subsection (a) by an Inspector General is completed, the Secretary,
    Attorney General, Administrator, Director, or President, as
    appropriate, shall make the results of the audit available to the
    public on the Internet website maintained by the Department,
    Administration, Foundation, or Corporation, respectively. The results
    shall be made available in redacted form to exclude--
            (1) any matter described in section 552(b) of title 5, United
        States Code; and
            (2) sensitive personal information for any individual, the
        public access to which could be used to commit identity theft or
        for other inappropriate or unlawful purposes.
        (c) A grant or contract funded by amounts appropriated by this Act
    may not be used for the purpose of defraying the costs of a banquet or
    conference that is not directly and programmatically related to the
    purpose for which the grant or contract was awarded, such as a banquet
    or conference held in connection with planning, training, assessment,
    review, or other routine purposes related to a project funded by the
    grant or contract.
        (d) Any person awarded a grant or contract funded by amounts
    appropriated by this Act shall submit a statement to the Secretary of
    Commerce, the Attorney General, the Administrator, Director, or
    President, as appropriate, certifying that no funds derived from the
    grant or contract will be made available through a subcontract or in
    any other manner to another person who has a financial interest in the
    person awarded the grant or contract.
        (e) The provisions of the preceding subsections of this section
    shall take effect 30 days after the date on which the Director of the
    Office of Management and Budget, in consultation with the Director of
    the Office of Government Ethics, determines that a uniform set of rules
    and requirements, substantially similar to the requirements in such
    subsections, consistently apply under the executive branch ethics
    program to all Federal departments, agencies, and entities.
        Sec. 518.  None of the funds appropriated or otherwise made
    available under this Act may be used to issue patents on claims
    directed to or encompassing a human organism.
        Sec. 519.  None of the funds made available in this Act shall be
    used in any way whatsoever to support or justify the use of torture by
    any official or contract employee of the United States Government.
        Sec. 520. (a) Notwithstanding any other provision of law or treaty,
    none of the funds appropriated or otherwise made available under this
    Act or any other Act may be expended or obligated by a department,
    agency, or instrumentality of the United States to pay administrative
    expenses or to compensate an officer or employee of the United States
    in connection with requiring an export license for the export to Canada
    of components, parts, accessories or attachments for firearms listed in
    Category I, section 121.1 of title 22, Code of Federal Regulations
    (International Trafficking in Arms Regulations (ITAR), part 121, as it
    existed on April 1, 2005) with a total value not exceeding $500
    wholesale in any transaction, provided that the conditions of
    subsection (b) of this section are met by the exporting party for such
    articles.
        (b) The foregoing exemption from obtaining an export license--
            (1) does not exempt an exporter from filing any Shipper's
        Export Declaration or notification letter required by law, or from
        being otherwise eligible under the laws of the United States to
        possess, ship, transport, or export the articles enumerated in
        subsection (a); and
            (2) does not permit the export without a license of--
                (A) fully automatic firearms and components and parts for
            such firearms, other than for end use by the Federal
            Government, or a Provincial or Municipal Government of Canada;
                (B) barrels, cylinders, receivers (frames) or complete
            breech mechanisms for any firearm listed in Category I, other
            than for end use by the Federal Government, or a Provincial or
            Municipal Government of Canada; or
                (C) articles for export from Canada to another foreign
            destination.
        (c) In accordance with this section, the District Directors of
    Customs and postmasters shall permit the permanent or temporary export
    without a license of any unclassified articles specified in subsection
    (a) to Canada for end use in Canada or return to the United States, or
    temporary import of Canadian-origin items from Canada for end use in
    the United States or return to Canada for a Canadian citizen.
        (d) The President may require export licenses under this section on
    a temporary basis if the President determines, upon publication first
    in the Federal Register, that the Government of Canada has implemented
    or maintained inadequate import controls for the articles specified in
    subsection (a), such that a significant diversion of such articles has
    and continues to take place for use in international terrorism or in
    the escalation of a conflict in another nation. The President shall
    terminate the requirements of a license when reasons for the temporary
    requirements have ceased.
        Sec. 521.  Notwithstanding any other provision of law, no
    department, agency, or instrumentality of the United States receiving
    appropriated funds under this Act or any other Act shall obligate or
    expend in any way such funds to pay administrative expenses or the
    compensation of any officer or employee of the United States to deny
    any application submitted pursuant to 22 U.S.C. 2778(b)(1)(B) and
    qualified pursuant to 27 CFR section 478.112 or .113, for a permit to
    import United States origin ``curios or relics'' firearms, parts, or
    ammunition.
        Sec. 522.  None of the funds made available in this Act may be used
    to include in any new bilateral or multilateral trade agreement the
    text of--
            (1) paragraph 2 of article 16.7 of the United States-Singapore
        Free Trade Agreement;
            (2) paragraph 4 of article 17.9 of the United States-Australia
        Free Trade Agreement; or
            (3) paragraph 4 of article 15.9 of the United States-Morocco
        Free Trade Agreement.
        Sec. 523.  None of the funds made available in this Act may be used
    to authorize or issue a national security letter in contravention of
    any of the following laws authorizing the Federal Bureau of
    Investigation to issue national security letters: The Right to
    Financial Privacy Act; The Electronic Communications Privacy Act; The
    Fair Credit Reporting Act; The National Security Act of 1947; USA
    PATRIOT Act; and the laws amended by these Acts.
        Sec. 524.  If at any time during any quarter, the program manager
    of a project within the jurisdiction of the Departments of Commerce or
    Justice, the National Aeronautics and Space Administration, or the
    National Science Foundation totaling more than $75,000,000 has
    reasonable cause to believe that the total program cost has increased
    by 10 percent, the program manager shall immediately inform the
    Secretary, Administrator, or Director. The Secretary, Administrator, or
    Director shall notify the House and Senate Committees on Appropriations
    within 30 days in writing of such increase, and shall include in such
    notice: the date on which such determination was made; a statement of
    the reasons for such increases; the action taken and proposed to be
    taken to control future cost growth of the project; changes made in the
    performance or schedule milestones and the degree to which such changes
    have contributed to the increase in total program costs or procurement
    costs; new estimates of the total project or procurement costs; and a
    statement validating that the project's management structure is
    adequate to control total project or procurement costs.
        Sec. 525.  Funds appropriated by this Act, or made available by the
    transfer of funds in this Act, for intelligence or intelligence related
    activities are deemed to be specifically authorized by the Congress for
    purposes of section 504 of the National Security Act of 1947 (50 U.S.C.
    414) during fiscal year 2010 until the enactment of the Intelligence
    Authorization Act for fiscal year 2010.
        Sec. 526.  The Departments, agencies, and commissions funded under
    this Act, shall establish and maintain on the homepages of their
    Internet websites--
            (1) a direct link to the Internet websites of their Offices of
        Inspectors General; and
            (2) a mechanism on the Offices of Inspectors General website by
        which individuals may anonymously report cases of waste, fraud, or
        abuse with respect to those Departments, agencies, and commissions.
        Sec. 527.  None of the funds appropriated or otherwise made
    available by this Act may be used to enter into a contract in an amount
    greater than $5,000,000 or to award a grant in excess of such amount
    unless the prospective contractor or grantee certifies in writing to
    the agency awarding the contract or grant that, to the best of its
    knowledge and belief, the contractor or grantee has filed all Federal
    tax returns required during the three years preceding the
    certification, has not been convicted of a criminal offense under the
    Internal Revenue Code of 1986, and has not, more than 90 days prior to
    certification, been notified of any unpaid Federal tax assessment for
    which the liability remains unsatisfied, unless the assessment is the
    subject of an installment agreement or offer in compromise that has
    been approved by the Internal Revenue Service and is not in default, or
    the assessment is the subject of a non-frivolous administrative or
    judicial proceeding.
        Sec. 528.  None of the funds appropriated or otherwise made
    available in this Act may be used in a manner that is inconsistent with
    the principal negotiating objective of the United States with respect
    to trade remedy laws to preserve the ability of the United States--
            (1) to enforce vigorously its trade laws, including
        antidumping, countervailing duty, and safeguard laws;
            (2) to avoid agreements that--
                (A) lessen the effectiveness of domestic and international
            disciplines on unfair trade, especially dumping and subsidies;
            or
                (B) lessen the effectiveness of domestic and international
            safeguard provisions, in order to ensure that United States
            workers, agricultural producers, and firms can compete fully on
            fair terms and enjoy the benefits of reciprocal trade
            concessions; and
            (3) to address and remedy market distortions that lead to
        dumping and subsidization, including overcapacity, cartelization,
        and market-access barriers.

                                 (rescissions)

        Sec. 529. (a) Of the unobligated balances available to the
    Department of Justice from prior appropriations, the following funds
    are hereby rescinded, not later than September 30, 2010, from the
    following accounts in the specified amounts--
            (1) ``Legal Activities, Assets Forfeiture Fund'', $387,200,000;
            (2) ``Federal Bureau of Investigation, Salaries and Expenses'',
        $50,000,000;
            (3) ``Office of Justice Programs'', $54,000,000; and
            (4) ``Community Oriented Policing Services'', $40,000,000.
        (b) Within 30 days of enactment of this Act, the Department of
    Justice shall submit to the Committees on Appropriations of the House
    of Representatives and the Senate a report specifying the amount of
    each rescission made pursuant to this section.
        (c) The rescissions contained in this section shall not apply to
    funds provided in this Act.
        Sec. 530.  None of the funds made available in this Act may be used
    to purchase first class or premium airline travel in contravention of
    sections 301-10.122 through 301-10.124 of title 41 of the Code of
    Federal Regulations.
        Sec. 531.  None of the funds made available in this Act may be used
    to send or otherwise pay for the attendance of more than 50 employees
    from a Federal department or agency at any single conference occurring
    outside the United States.
        Sec. 532. (a) None of the funds made available in this or any other
    Act may be used to release an individual who is detained, as of June
    24, 2009, at Naval Station, Guantanamo Bay, Cuba, into the continental
    United States, Alaska, Hawaii, or the District of Columbia, into any of
    the United States territories of Guam, American Samoa (AS), the United
    States Virgin Islands (USVI), the Commonwealth of Puerto Rico and the
    Commonwealth of the Northern Mariana Islands (CNMI).
        (b) None of the funds made available in this or any other Act may
    be used to transfer an individual who is detained, as of June 24, 2009,
    at Naval Station, Guantanamo Bay, Cuba, into the continental United
    States, Alaska, Hawaii, or the District of Columbia, into any of the
    United States territories of Guam, American Samoa (AS), the United
    States Virgin Islands (USVI), the Commonwealth of Puerto Rico and the
    Commonwealth of the Northern Mariana Islands (CNMI), for the purpose of
    detention, except as provided in subsection (c).
        (c) None of the funds made available in this or any other Act may
    be used to transfer an individual who is detained, as of June 24, 2009,
    at Naval Station, Guantanamo Bay, Cuba, into the continental United
    States, Alaska, Hawaii, or the District of Columbia, into any of the
    United States territories of Guam, American Samoa (AS), the United
    States Virgin Islands (USVI), the Commonwealth of Puerto Rico and the
    Commonwealth of the Northern Mariana Islands (CNMI), for the purposes
    of prosecuting such individual, or detaining such individual during
    legal proceedings, until 45 days after the plan described in subsection
    (d) is received.
        (d) The President shall submit to Congress, in classified form, a
    plan regarding the proposed disposition of any individual covered by
    subsection (c) who is detained as of June 24, 2009. Such plan shall
    include, at a minimum, each of the following for each such individual:
            (1) A determination of the risk that the individual might
        instigate an act of terrorism within the continental United States,
        Alaska, Hawaii, the District of Columbia, or the United States
        territories if the individual were so transferred.
            (2) A determination of the risk that the individual might
        advocate, coerce, or incite violent extremism, ideologically
        motivated criminal activity, or acts of terrorism, among inmate
        populations at incarceration facilities within the continental
        United States, Alaska, Hawaii, the District of Columbia, or the
        United States territories if the individual were transferred to
        such a facility.
            (3) The costs associated with transferring the individual in
        question.
            (4) The legal rationale and associated court demands for
        transfer.
            (5) A plan for mitigation of any risks described in paragraphs
        (1), (2), and (7).
            (6) A copy of a notification to the Governor of the State to
        which the individual will be transferred, to the Mayor of the
        District of Columbia if the individual will be transferred to the
        District of Columbia, or to any United States territories with a
        certification by the Attorney General of the United States in
        classified form at least 14 days prior to such transfer (together
        with supporting documentation and justification) that the
        individual poses little or no security risk to the United States.
            (7) An assessment of any risk to the national security of the
        United States or its citizens, including members of the Armed
        Services of the United States, that is posed by such transfer and
        the actions taken to mitigate such risk.
        (e) None of the funds made available in this or any other Act may
    be used to transfer or release an individual detained at Naval Station,
    Guantanamo Bay, Cuba, as of June 24, 2009, to the country of such
    individual's nationality or last habitual residence or to any other
    country other than the United States or to a freely associated State,
    unless the President submits to the Congress, in classified form, at
    least 15 days prior to such transfer or release, the following
    information:
            (1) The name of any individual to be transferred or released
        and the country or the freely associated State to which such
        individual is to be transferred or released.
            (2) An assessment of any risk to the national security of the
        United States or its citizens, including members of the Armed
        Services of the United States, that is posed by such transfer or
        release and the actions taken to mitigate such risk.
            (3) The terms of any agreement with the country or the freely
        associated State for the acceptance of such individual, including
        the amount of any financial assistance related to such agreement.
        (f) None of the funds made available in this Act may be used to
    provide any immigration benefit (including a visa, admission into the
    United States or any of the United States territories, parole into the
    United States or any of the United States territories (other than
    parole for the purposes of prosecution and related detention), or
    classification as a refugee or applicant for asylum) to any individual
    who is detained, as of June 24, 2009, at Naval Station, Guantanamo Bay,
    Cuba.
        (g) In this section, the term ``freely associated States'' means
    the Federated States of Micronesia (FSM), the Republic of the Marshall
    Islands (RMI), and the Republic of Palau.
        (h) Prior to the termination of detention operations at Naval
    Station, Guantanamo Bay, Cuba, the President shall submit to the
    Congress a report in classified form describing the disposition or
    legal status of each individual detained at the facility as of the date
    of enactment of this Act.
        Sec. 533.  Section 504(a) of the Departments of Commerce, Justice,
    and State, the Judiciary, and Related Agencies Appropriations Act, 1996
    (as contained in Public Law 104-134) is amended by striking paragraph
    (13).
        Sec. 534.  None of the funds made available under this Act may be
    distributed to the Association of Community Organizations for Reform
    Now (ACORN) or its subsidiaries.
        Sec. 535. (a) The Comptroller General of the United States shall
    conduct a review and audit of Federal funds received by the Association
    of Community Organizations for Reform Now (referred to in this section
    as ``ACORN'') or any subsidiary or affiliate of ACORN to determine--
            (1) whether any Federal funds were misused and, if so, the
        total amount of Federal funds involved and how such funds were
        misused;
            (2) what steps, if any, have been taken to recover any Federal
        funds that were misused;
            (3) what steps should be taken to prevent the misuse of any
        Federal funds; and
            (4) whether all necessary steps have been taken to prevent the
        misuse of any Federal funds.
        (b) Not later than 180 days after the date of enactment of this
    Act, the Comptroller General shall submit to Congress a report on the
    results of the audit required under subsection (a), along with
    recommendations for Federal agency reforms.
        Sec. 536.  To the extent practicable, funds made available in this
    Act should be used to purchase light bulbs that are ``Energy Star''
    qualified or have the ``Federal Energy Management Program''
    designation.
        Sec. 537.  The Director of the Office of Management and Budget
    shall instruct any department, agency, or instrumentality of the United
    States Government receiving funds appropriated under this Act to track
    undisbursed balances in expired grant accounts and include in its
    annual performance plan and performance and accountability reports the
    following:
            (1) Details on future action the department, agency, or
        instrumentality will take to resolve undisbursed balances in
        expired grant accounts.
            (2) The method that the department, agency, or instrumentality
        uses to track undisbursed balances in expired grant accounts.
            (3) Identification of undisbursed balances in expired grant
        accounts that may be returned to the Treasury of the United States.
            (4) In the preceding 3 fiscal years, details on the total
        number of expired grant accounts with undisbursed balances (on the
        first day of each fiscal year) for the department, agency, or
        instrumentality and the total finances that have not been obligated
        to a specific project remaining in the accounts.
        Sec. 538.  None of the funds made available in this Act may be used
    to relocate the Bureau of the Census or employees from the Department
    of Commerce to the jurisdiction of the Executive Office of the
    President.
        Sec. 539.  Specific projects contained in the report of the
    Committee on Appropriations of the House of Representatives
    accompanying this Act (H. Rept. 111-149) that are considered
    congressional earmarks for purposes of clause 9 of rule XXI of the
    Rules of the House of Representatives, when intended to be awarded to a
    for-profit entity, shall be awarded under a full and open competition.
        This division may be cited as the ``Commerce, Justice, Science, and
    Related Agencies Appropriations Act, 2010''.

     DIVISION C--FINANCIAL SERVICES AND GENERAL GOVERNMENT APPROPRIATIONS
                                   ACT, 2010

                                    TITLE I

                           DEPARTMENT OF THE TREASURY

                              Departmental Offices

                             salaries and expenses

                         (including transfers of funds)

        For necessary expenses of the Departmental Offices including
    operation and maintenance of the Treasury Building and Annex; hire of
    passenger motor vehicles; maintenance, repairs, and improvements of,
    and purchase of commercial insurance policies for, real properties
    leased or owned overseas, when necessary for the performance of
    official business, $304,888,000, of which not to exceed $21,983,000 is
    for executive direction program activities; not to exceed $47,249,000
    is for economic policies and programs activities, including $1,000,000
    that shall be transferred to the National Academy of Sciences for a
    study by the Board on Mathematical Sciences and Their Applications on
    the long-term economic effects of the aging population in the United
    States, to remain available until September 30, 2011, and $1,500,000
    that shall be transferred to the National Academy of Sciences for a
    carbon audit of the tax code as authorized in section 117 of the Energy
    Improvement and Extension Act of 2008 (Public Law 110-343), to remain
    available until September 30, 2011; not to exceed $48,580,000 is for
    financial policies and programs activities; not to exceed $64,611,000
    is for terrorism and financial intelligence activities; not to exceed
    $22,679,000 is for Treasury-wide management policies and programs
    activities; and not to exceed $99,786,000 is for administration
    programs activities: Provided, That the Secretary of the Treasury is
    authorized to transfer funds appropriated for any program activity of
    the Departmental Offices to any other program activity of the
    Departmental Offices upon notification to the House and Senate
    Committees on Appropriations: Provided further, That no appropriation
    for any program activity shall be increased or decreased by more than 4
    percent by all such transfers: Provided further, That any change in
    funding greater than 4 percent shall be submitted for approval to the
    House and Senate Committees on Appropriations: Provided further, That
    of the amount appropriated under this heading, not to exceed
    $3,000,000, to remain available until September 30, 2011, is for
    information technology modernization requirements; not to exceed
    $200,000 is for official reception and representation expenses; and not
    to exceed $258,000 is for unforeseen emergencies of a confidential
    nature, to be allocated and expended under the direction of the
    Secretary of the Treasury and to be accounted for solely on his
    certificate: Provided further, That of the amount appropriated under
    this heading, $6,787,000, to remain available until September 30, 2011,
    is for the Treasury-wide Financial Statement Audit and Internal Control
    Program, of which such amounts as may be necessary may be transferred
    to accounts of the Department's offices and bureaus to conduct audits:
    Provided further, That this transfer authority shall be in addition to
    any other provided in this Act: Provided further, That of the amount
    appropriated under this heading, $500,000, to remain available until
    September 30, 2011, is for secure space requirements: Provided further,
    That of the amount appropriated under this heading, $3,400,000, to
    remain available until September 30, 2012, is to develop and implement
    programs within the Office of Critical Infrastructure Protection and
    Compliance Policy, including entering into cooperative agreements:
    Provided further, That of the amount appropriated under this heading,
    $3,000,000, to remain available until September 30, 2012, is for
    modernizing the Office of Debt Management's information technology.

            department-wide systems and capital investments programs

                         (including transfer of funds)

        For development and acquisition of automatic data processing
    equipment, software, and services for the Department of the Treasury,
    $9,544,000, to remain available until September 30, 2012: Provided,
    That $4,544,000 is for repairs to the Treasury Annex Building: Provided
    further, That these funds shall be transferred to accounts and in
    amounts as necessary to satisfy the requirements of the Department's
    offices, bureaus, and other organizations: Provided further, That this
    transfer authority shall be in addition to any other transfer authority
    provided in this Act: Provided further, That none of the funds
    appropriated under this heading shall be used to support or supplement
    ``Internal Revenue Service, Operations Support'' or ``Internal Revenue
    Service, Business Systems Modernization''.

                          office of inspector general

                             salaries and expenses

        For necessary expenses of the Office of Inspector General in
    carrying out the provisions of the Inspector General Act of 1978, not
    to exceed $2,000,000 for official travel expenses, including hire of
    passenger motor vehicles; and not to exceed $100,000 for unforeseen
    emergencies of a confidential nature, to be allocated and expended
    under the direction of the Inspector General of the Treasury,
    $29,700,000, of which not to exceed $2,500 shall be available for
    official reception and representation expenses.

               treasury inspector general for tax administration

                             salaries and expenses

        For necessary expenses of the Treasury Inspector General for Tax
    Administration in carrying out the Inspector General Act of 1978,
    including purchase (not to exceed 150 for replacement only for police-
    type use) and hire of passenger motor vehicles (31 U.S.C. 1343(b));
    services authorized by 5 U.S.C. 3109, at such rates as may be
    determined by the Inspector General for Tax Administration;
    $152,000,000, of which not to exceed $6,000,000 shall be available for
    official travel expenses; of which not to exceed $500,000 shall be
    available for unforeseen emergencies of a confidential nature, to be
    allocated and expended under the direction of the Inspector General for
    Tax Administration; and of which not to exceed $1,500 shall be
    available for official reception and representation expenses.

        special inspector general for the troubled asset relief program

                             salaries and expenses

        For necessary expenses of the Office of the Special Inspector
    General in carrying out the provisions of the Emergency Economic
    Stabilization Act of 2008 (Public Law 110-343), $23,300,000.

                      Financial Crimes Enforcement Network

                             salaries and expenses

        For necessary expenses of the Financial Crimes Enforcement Network,
    including hire of passenger motor vehicles; travel and training
    expenses, including for course development, of non-Federal and foreign
    government personnel to attend meetings and training concerned with
    domestic and foreign financial intelligence activities, law
    enforcement, and financial regulation; not to exceed $14,000 for
    official reception and representation expenses; and for assistance to
    Federal law enforcement agencies, with or without reimbursement,
    $111,010,000, of which not to exceed $26,085,000 shall remain available
    until September 30, 2012; and of which $9,316,000 shall remain
    available until September 30, 2011: Provided, That funds appropriated
    in this account may be used to procure personal services contracts.

                            Treasury Forfeiture Fund

                                  (rescission)

        Of the unobligated balances available under this heading,
    $90,000,000 are rescinded.

                          Financial Management Service

                             salaries and expenses

        For necessary expenses of the Financial Management Service,
    $244,132,000, of which not to exceed $9,220,000 shall remain available
    until September 30, 2012, for information systems modernization
    initiatives; and of which not to exceed $2,500 shall be available for
    official reception and representation expenses.

                    Alcohol and Tobacco Tax and Trade Bureau

                             salaries and expenses

        For necessary expenses of carrying out section 1111 of the Homeland
    Security Act of 2002, including hire of passenger motor vehicles,
    $103,000,000; of which not to exceed $6,000 for official reception and
    representation expenses; not to exceed $50,000 for cooperative research
    and development programs for laboratory services; and provision of
    laboratory assistance to State and local agencies with or without
    reimbursement: Provided, That of the amount appropriated under this
    heading, $3,000,000, to remain available until September 30, 2011,
    shall be for the hiring, training, and equipping of special agents and
    related support personnel.

                               United States Mint

                   united states mint public enterprise fund

        Pursuant to section 5136 of title 31, United States Code, the
    United States Mint is provided funding through the United States Mint
    Public Enterprise Fund for costs associated with the production of
    circulating coins, numismatic coins, and protective services, including
    both operating expenses and capital investments. The aggregate amount
    of new liabilities and obligations incurred during fiscal year 2010
    under such section 5136 for circulating coinage and protective service
    capital investments of the United States Mint shall not exceed
    $26,700,000.

                           Bureau of the Public Debt

                         administering the public debt

        For necessary expenses connected with any public-debt issues of the
    United States, $192,244,000, of which not to exceed $2,500 shall be
    available for official reception and representation expenses, and of
    which not to exceed $2,000,000 shall remain available until September
    30, 2012, for systems modernization: Provided, That the sum
    appropriated herein from the general fund for fiscal year 2010 shall be
    reduced by not more than $10,000,000 as definitive security issue fees
    and Legacy Treasury Direct Investor Account Maintenance fees are
    collected, so as to result in a final fiscal year 2010 appropriation
    from the general fund estimated at $182,244,000. In addition, $90,000
    to be derived from the Oil Spill Liability Trust Fund to reimburse the
    Bureau for administrative and personnel expenses for financial
    management of the Fund, as authorized by section 1012 of Public Law
    101-380.

       Community Development Financial Institutions Fund Program Account

                         (including transfer of funds)

        To carry out the Community Development Banking and Financial
    Institutions Act of 1994 (Public Law 103-325), including services
    authorized by 5 U.S.C. 3109, but at rates for individuals not to exceed
    the per diem rate equivalent to the rate for ES-3, notwithstanding
    sections 4707(d) and 4707(e) of title 12, United States Code,
    $166,750,000, to remain available until September 30, 2011; of which
    $12,000,000 shall be for financial assistance, technical assistance,
    training and outreach programs, designed to benefit Native American,
    Native Hawaiian, and Alaskan Native communities and provided primarily
    through qualified community development lender organizations with
    experience and expertise in community development banking and lending
    in Indian country, Native American organizations, tribes and tribal
    organizations and other suitable providers; of which $1,000,000 shall
    be available for the pilot project grant program under section 1132(d)
    of division A of the Housing and Economic Recovery Act of 2008 (Public
    Law 110-289); of which $3,150,000 shall be for an additional pilot
    project grant to an eligible organization located in the State of
    Hawaii for financial education and pre-home ownership counseling as
    authorized in section 1132(d) of division A of the Housing and Economic
    Recovery Act of 2008 (Public Law 110-289), and of which up to
    $18,000,000 may be used for administrative expenses, including
    administration of the New Markets Tax Credit.
        For an additional amount to be transferred to the ``Capital Magnet
    Fund'', as authorized by section 1339 of the Federal Housing
    Enterprises Financial Safety and Soundness Act of 1992 (12 U.S.C. 1301
    et seq.), as amended by section 1131 of the Housing and Economic
    Recovery Act of 2008 (Public Law 110-289), to support financing for
    affordable housing and economic development projects, $80,000,000, to
    remain available until September 30, 2011: Provided, That, for fiscal
    year 2010, section 1339(h)(3) of the Federal Housing Enterprises
    Financial Safety and Soundness Act of 1992, as amended by section 1131
    of the Housing and Economic Recovery Act of 2008 (Public Law 110-289),
    shall be applied by substituting the term ``at least 10 times the grant
    amount or such other amount that the Secretary may require'' for ``at
    least 10 times the grant amount''.

                            Internal Revenue Service

                               taxpayer services

        For necessary expenses of the Internal Revenue Service to provide
    taxpayer services, including pre-filing assistance and education,
    filing and account services, taxpayer advocacy services, and other
    services as authorized by 5 U.S.C. 3109, at such rates as may be
    determined by the Commissioner, $2,278,830,000, of which not less than
    $6,100,000 shall be for the Tax Counseling for the Elderly Program, of
    which not less than $10,000,000 shall be available for low-income
    taxpayer clinic grants, of which not less than $12,000,000, to remain
    available until September 30, 2011, shall be available for a Community
    Volunteer Income Tax Assistance matching grants demonstration program
    for tax return preparation assistance, and of which not less than
    $205,954,000 shall be available for operating expenses of the Taxpayer
    Advocate Service.

                                  enforcement

                         (including transfer of funds)

        For necessary expenses for tax enforcement activities of the
    Internal Revenue Service to determine and collect owed taxes, to
    provide legal and litigation support, to conduct criminal
    investigations, to enforce criminal statutes related to violations of
    internal revenue laws and other financial crimes, to purchase (for
    police-type use, not to exceed 850) and hire passenger motor vehicles
    (31 U.S.C. 1343(b)), and to provide other services as authorized by 5
    U.S.C. 3109, at such rates as may be determined by the Commissioner,
    $4,904,000,000, of which not less than $59,206,000 shall be for the
    Interagency Crime and Drug Enforcement program; and of which not to
    exceed $126,500 shall be for official reception and representation
    expenses associated with hosting the Leeds Castle Meeting in the United
    States during 2010: Provided, That up to $10,000,000 may be transferred
    as necessary from this account to ``Operations Support'' solely for the
    purposes of the Interagency Crime and Drug Enforcement program:
    Provided further, That this transfer authority shall be in addition to
    any other transfer authority provided in this Act. In addition to
    amounts made available above, $600,000,000 shall be made available for
    enhanced tax enforcement activities.

                               operations support

        For necessary expenses of the Internal Revenue Service to support
    taxpayer services and enforcement programs, including rent payments;
    facilities services; printing; postage; physical security; headquarters
    and other IRS-wide administration activities; research and statistics
    of income; telecommunications; information technology development,
    enhancement, operations, maintenance, and security; the hire of
    passenger motor vehicles (31 U.S.C. 1343(b)); and other services as
    authorized by 5 U.S.C. 3109, at such rates as may be determined by the
    Commissioner; $4,083,884,000, of which up to $75,000,000 shall remain
    available until September 30, 2011, for information technology support;
    of which not to exceed $1,000,000 shall remain available until
    September 30, 2012, for research; of which not less than $2,000,000
    shall be for the Internal Revenue Service Oversight Board; of which not
    to exceed $25,000 shall be for official reception and representation;
    and of which $290,000,000 shall be made available to support enhanced
    tax enforcement activities: Provided, That of the amounts provided
    under this heading, such sums as are necessary shall be available to
    fully support tax enforcement and enhanced tax enforcement activities.

                         business systems modernization

        For necessary expenses of the Internal Revenue Service's business
    systems modernization program, $263,897,000, to remain available until
    September 30, 2012, for the capital asset acquisition of information
    technology systems, including management and related contractual costs
    of said acquisitions, including related Internal Revenue Service labor
    costs, and contractual costs associated with operations authorized by 5
    U.S.C. 3109: Provided, That, with the exception of labor costs, none of
    these funds may be obligated until the Internal Revenue Service submits
    to the Committees on Appropriations, and such Committees approve, a
    plan for expenditure that: (1) meets the capital planning and
    investment control review requirements established by the Office of
    Management and Budget, including Circular A-11; (2) complies with the
    Internal Revenue Service's enterprise architecture, including the
    modernization blueprint; (3) conforms with the Internal Revenue
    Service's enterprise life cycle methodology; (4) is approved by the
    Internal Revenue Service, the Department of the Treasury, and the
    Office of Management and Budget; (5) has been reviewed by the
    Government Accountability Office; and (6) complies with the acquisition
    rules, requirements, guidelines, and systems acquisition management
    practices of the Federal Government.

                   health insurance tax credit administration

        For expenses necessary to implement the health insurance tax credit
    included in the Trade Act of 2002 (Public Law 107-210), $15,512,000.

              administrative provisions--internal revenue service

                         (including transfer of funds)

        Sec. 101.  Not to exceed 5 percent of any appropriation made
    available in this Act to the Internal Revenue Service or not to exceed
    3 percent of appropriations under the heading ``Enforcement'' may be
    transferred to any other Internal Revenue Service appropriation upon
    the advance approval of the Committees on Appropriations.
        Sec. 102.  The Internal Revenue Service shall maintain a training
    program to ensure that Internal Revenue Service employees are trained
    in taxpayers' rights, in dealing courteously with taxpayers, and in
    cross-cultural relations.
        Sec. 103.  The Internal Revenue Service shall institute and enforce
    policies and procedures that will safeguard the confidentiality of
    taxpayer information.
        Sec. 104.  Funds made available by this or any other Act to the
    Internal Revenue Service shall be available for improved facilities and
    increased staffing to provide sufficient and effective 1-800 help line
    service for taxpayers. The Commissioner shall continue to make the
    improvement of the Internal Revenue Service 1-800 help line service a
    priority and allocate resources necessary to increase phone lines and
    staff to improve the Internal Revenue Service 1-800 help line service.
        Sec. 105.  Of the funds made available by this Act to the Internal
    Revenue Service, not less than $7,100,000,000 shall be available only
    for tax enforcement. In addition, of the funds made available by this
    Act to the Internal Revenue Service, and subject to the same terms and
    conditions, $890,000,000 shall be available for enhanced tax law
    enforcement.
        Sec. 106.  None of the funds made available in this Act may be used
    to enter into, renew, extend, administer, implement, enforce, or
    provide oversight of any qualified tax collection contract (as defined
    in section 6306 of the Internal Revenue Code of 1986).

             Administrative Provisions--Department of the Treasury

                         (including transfers of funds)

        Sec. 107.  Appropriations to the Department of the Treasury in this
    Act shall be available for uniforms or allowances therefor, as
    authorized by law (5 U.S.C. 5901), including maintenance, repairs, and
    cleaning; purchase of insurance for official motor vehicles operated in
    foreign countries; purchase of motor vehicles without regard to the
    general purchase price limitations for vehicles purchased and used
    overseas for the current fiscal year; entering into contracts with the
    Department of State for the furnishing of health and medical services
    to employees and their dependents serving in foreign countries; and
    services authorized by 5 U.S.C. 3109.
        Sec. 108.  Not to exceed 2 percent of any appropriations in this
    Act made available to the Departmental Offices--Salaries and Expenses,
    Office of Inspector General, Financial Management Service, Alcohol and
    Tobacco Tax and Trade Bureau, Financial Crimes Enforcement Network, and
    Bureau of the Public Debt, may be transferred between such
    appropriations upon the advance approval of the Committees on
    Appropriations: Provided, That no transfer may increase or decrease any
    such appropriation by more than 2 percent.
        Sec. 109.  Not to exceed 2 percent of any appropriation made
    available in this Act to the Internal Revenue Service may be
    transferred to the Treasury Inspector General for Tax Administration's
    appropriation upon the advance approval of the Committees on
    Appropriations: Provided, That no transfer may increase or decrease any
    such appropriation by more than 2 percent.
        Sec. 110.  Of the funds available for the purchase of law
    enforcement vehicles, no funds may be obligated until the Secretary of
    the Treasury certifies that the purchase by the respective Treasury
    bureau is consistent with departmental vehicle management principles:
    Provided, That the Secretary may delegate this authority to the
    Assistant Secretary for Management.
        Sec. 111.  None of the funds appropriated in this Act or otherwise
    available to the Department of the Treasury or the Bureau of Engraving
    and Printing may be used to redesign the $1 Federal Reserve note.
        Sec. 112.  The Secretary of the Treasury may transfer funds from
    Financial Management Service, Salaries and Expenses to the Debt
    Collection Fund as necessary to cover the costs of debt collection:
    Provided, That such amounts shall be reimbursed to such salaries and
    expenses account from debt collections received in the Debt Collection
    Fund.
        Sec. 113.  Section 122(g)(1) of Public Law 105-119 (5 U.S.C. 3104
    note), is further amended by striking ``11 years'' and inserting ``12
    years''.
        Sec. 114.  None of the funds appropriated or otherwise made
    available by this or any other Act may be used by the United States
    Mint to construct or operate any museum without the explicit approval
    of the Committees on Appropriations of the House of Representatives and
    the Senate, the House Committee on Financial Services, and the Senate
    Committee on Banking, Housing and Urban Affairs.
        Sec. 115.  None of the funds appropriated or otherwise made
    available by this or any other Act or source to the Department of the
    Treasury, the Bureau of Engraving and Printing, and the United States
    Mint, individually or collectively, may be used to consolidate any or
    all functions of the Bureau of Engraving and Printing and the United
    States Mint without the explicit approval of the House Committee on
    Financial Services; the Senate Committee on Banking, Housing, and Urban
    Affairs; the House Committee on Appropriations; and the Senate
    Committee on Appropriations.
        Sec. 116.  Funds appropriated by this Act, or made available by the
    transfer of funds in this Act, for the Department of the Treasury's
    intelligence or intelligence related activities are deemed to be
    specifically authorized by the Congress for purposes of section 504 of
    the National Security Act of 1947 (50 U.S.C. 414) during fiscal year
    2010 until the enactment of the Intelligence Authorization Act for
    Fiscal Year 2010.
        Sec. 117.  Not to exceed $5,000 shall be made available from the
    Bureau of Engraving and Printing's Industrial Revolving Fund for
    necessary official reception and representation expenses.
         This title may be cited as the ``Department of the Treasury
    Appropriations Act, 2010''.

                                    TITLE II

        EXECUTIVE OFFICE OF THE PRESIDENT AND FUNDS APPROPRIATED TO THE
                                   PRESIDENT

                         Compensation of the President

        For compensation of the President, including an expense allowance
    at the rate of $50,000 per annum as authorized by 3 U.S.C. 102,
    $450,000: Provided, That none of the funds made available for official
    expenses shall be expended for any other purpose and any unused amount
    shall revert to the Treasury pursuant to 31 U.S.C. 1552.

                                The White House

                             salaries and expenses

        For necessary expenses for the White House as authorized by law,
    including not to exceed $3,850,000 for services as authorized by 5
    U.S.C. 3109 and 3 U.S.C. 105; subsistence expenses as authorized by 3
    U.S.C. 105, which shall be expended and accounted for as provided in
    that section; hire of passenger motor vehicles, newspapers,
    periodicals, teletype news service, and travel (not to exceed $100,000
    to be expended and accounted for as provided by 3 U.S.C. 103); and not
    to exceed $19,000 for official entertainment expenses, to be available
    for allocation within the Executive Office of the President; and for
    necessary expenses of the Office of Policy Development, including
    services as authorized by 5 U.S.C. 3109 and 3 U.S.C. 107, $59,143,000,
    of which not less than $1,400,000 shall be for the Office of National
    AIDS Policy.

                     Executive Residence at the White House

                               operating expenses

        For the care, maintenance, repair and alteration, refurnishing,
    improvement, heating, and lighting, including electric power and
    fixtures, of the Executive Residence at the White House and official
    entertainment expenses of the President, $13,838,000, to be expended
    and accounted for as provided by 3 U.S.C. 105, 109, 110, and 112-114.

                             reimbursable expenses

        For the reimbursable expenses of the Executive Residence at the
    White House, such sums as may be necessary: Provided, That all
    reimbursable operating expenses of the Executive Residence shall be
    made in accordance with the provisions of this paragraph: Provided
    further, That, notwithstanding any other provision of law, such amount
    for reimbursable operating expenses shall be the exclusive authority of
    the Executive Residence to incur obligations and to receive offsetting
    collections, for such expenses: Provided further, That the Executive
    Residence shall require each person sponsoring a reimbursable political
    event to pay in advance an amount equal to the estimated cost of the
    event, and all such advance payments shall be credited to this account
    and remain available until expended: Provided further, That the
    Executive Residence shall require the national committee of the
    political party of the President to maintain on deposit $25,000, to be
    separately accounted for and available for expenses relating to
    reimbursable political events sponsored by such committee during such
    fiscal year: Provided further, That the Executive Residence shall
    ensure that a written notice of any amount owed for a reimbursable
    operating expense under this paragraph is submitted to the person owing
    such amount within 60 days after such expense is incurred, and that
    such amount is collected within 30 days after the submission of such
    notice: Provided further, That the Executive Residence shall charge
    interest and assess penalties and other charges on any such amount that
    is not reimbursed within such 30 days, in accordance with the interest
    and penalty provisions applicable to an outstanding debt on a United
    States Government claim under 31 U.S.C. 3717: Provided further, That
    each such amount that is reimbursed, and any accompanying interest and
    charges, shall be deposited in the Treasury as miscellaneous receipts:
    Provided further, That the Executive Residence shall prepare and submit
    to the Committees on Appropriations, by not later than 90 days after
    the end of the fiscal year covered by this Act, a report setting forth
    the reimbursable operating expenses of the Executive Residence during
    the preceding fiscal year, including the total amount of such expenses,
    the amount of such total that consists of reimbursable official and
    ceremonial events, the amount of such total that consists of
    reimbursable political events, and the portion of each such amount that
    has been reimbursed as of the date of the report: Provided further,
    That the Executive Residence shall maintain a system for the tracking
    of expenses related to reimbursable events within the Executive
    Residence that includes a standard for the classification of any such
    expense as political or nonpolitical: Provided further, That no
    provision of this paragraph may be construed to exempt the Executive
    Residence from any other applicable requirement of subchapter I or II
    of chapter 37 of title 31, United States Code.

                       White House Repair and Restoration

        For the repair, alteration, and improvement of the Executive
    Residence at the White House, $2,500,000, to remain available until
    expended, for required maintenance, resolution of safety and health
    issues, and continued preventative maintenance.

                          Council of Economic Advisers

                             salaries and expenses

        For necessary expenses of the Council of Economic Advisers in
    carrying out its functions under the Employment Act of 1946 (15 U.S.C.
    1021 et seq.), $4,200,000.

                           National Security Council

                             salaries and expenses

        For necessary expenses of the National Security Council, including
    services as authorized by 5 U.S.C. 3109, $12,231,000.

                            Office of Administration

                             salaries and expenses

        For necessary expenses of the Office of Administration, including
    services as authorized by 5 U.S.C. 3109 and 3 U.S.C. 107, and hire of
    passenger motor vehicles, $115,280,000, of which $16,768,000 shall
    remain available until expended for continued modernization of the
    information technology infrastructure within the Executive Office of
    the President.

                        Office of Management and Budget

                             salaries and expenses

        For necessary expenses of the Office of Management and Budget,
    including hire of passenger motor vehicles and services as authorized
    by 5 U.S.C. 3109 and to carry out the provisions of chapter 35 of title
    44, United States Code, $92,863,000, of which not to exceed $3,000
    shall be available for official representation expenses: Provided, That
    none of the funds appropriated in this Act for the Office of Management
    and Budget may be used for the purpose of reviewing any agricultural
    marketing orders or any activities or regulations under the provisions
    of the Agricultural Marketing Agreement Act of 1937 (7 U.S.C. 601 et
    seq.): Provided further, That none of the funds made available for the
    Office of Management and Budget by this Act may be expended for the
    altering of the transcript of actual testimony of witnesses, except for
    testimony of officials of the Office of Management and Budget, before
    the Committees on Appropriations or their subcommittees: Provided
    further, That none of the funds provided in this or prior Acts shall be
    used, directly or indirectly, by the Office of Management and Budget,
    for evaluating or determining if water resource project or study
    reports submitted by the Chief of Engineers acting through the
    Secretary of the Army are in compliance with all applicable laws,
    regulations, and requirements relevant to the Civil Works water
    resource planning process: Provided further, That the Office of
    Management and Budget shall have not more than 60 days in which to
    perform budgetary policy reviews of water resource matters on which the
    Chief of Engineers has reported: Provided further, That the Director of
    the Office of Management and Budget shall notify the appropriate
    authorizing and appropriating committees when the 60-day review is
    initiated: Provided further, That if water resource reports have not
    been transmitted to the appropriate authorizing and appropriating
    committees within 15 days after the end of the Office of Management and
    Budget review period based on the notification from the Director,
    Congress shall assume Office of Management and Budget concurrence with
    the report and act accordingly.

                     Office of National Drug Control Policy

                             salaries and expenses

        For necessary expenses of the Office of National Drug Control
    Policy; for research activities pursuant to the Office of National Drug
    Control Policy Reauthorization Act of 2006 (Public Law 109-469); not to
    exceed $10,000 for official reception and representation expenses; and
    for participation in joint projects or in the provision of services on
    matters of mutual interest with nonprofit, research, or public
    organizations or agencies, with or without reimbursement, $29,575,000;
    of which $1,300,000 shall remain available until expended for policy
    research and evaluation: Provided, That the Office is authorized to
    accept, hold, administer, and utilize gifts, both real and personal,
    public and private, without fiscal year limitation, for the purpose of
    aiding or facilitating the work of the Office.

                    counterdrug technology assessment center

                         (including transfer of funds)

        For necessary expenses for the Counterdrug Technology Assessment
    Center (CTAC) for research activities pursuant to the Office of
    National Drug Control Policy Reauthorization Act of 2006 (Public Law
    109-469), $5,000,000, which shall remain available until expended for
    counternarcotics research and development projects: Provided, That such
    amount shall be available for transfer to other Federal departments or
    agencies: Provided further, That the Office of National Drug Control
    Policy shall submit for approval by the Committees on Appropriations of
    the House of Representatives and the Senate, a mission statement for
    CTAC, a detailed explanation of the CTAC program, and a detailed
    spending plan for the use of these funds, prior to obligation of any
    funds provided in this paragraph: Provided further, That the report
    required by the preceding proviso shall be in lieu of inclusion of CTAC
    in the financial plan required by section 202.

                         federal drug control programs

                 high intensity drug trafficking areas program

                         (including transfers of funds)

        For necessary expenses of the Office of National Drug Control
    Policy's High Intensity Drug Trafficking Areas Program, $239,000,000,
    to remain available until September 30, 2011, for drug control
    activities consistent with the approved strategy for each of the
    designated High Intensity Drug Trafficking Areas (``HIDTAs''), of which
    not less than 51 percent shall be transferred to State and local
    entities for drug control activities and shall be obligated not later
    than 120 days after enactment of this Act: Provided, That up to 49
    percent may be transferred to Federal agencies and departments in
    amounts determined by the Director of the Office of National Drug
    Control Policy (``the Director''), of which up to $2,700,000 may be
    used for auditing services and associated activities (including up to
    $500,000 to ensure the continued operation and maintenance of the
    Performance Management System): Provided further, That, notwithstanding
    the requirements of Public Law 106-58, any unexpended funds obligated
    prior to fiscal year 2008 may be used for any other approved activities
    of that High Intensity Drug Trafficking Area, subject to reprogramming
    requirements: Provided further, That each High Intensity Drug
    Trafficking Area designated as of September 30, 2009, shall be funded
    at not less than the fiscal year 2009 base level, unless the Director
    submits to the Committees on Appropriations of the House of
    Representatives and the Senate justification for changes to those
    levels based on clearly articulated priorities and published Office of
    National Drug Control Policy performance measures of effectiveness:
    Provided further, That the Director shall notify the Committees on
    Appropriations of the initial allocation of fiscal year 2010 funding
    among HIDTAs not later than 45 days after enactment of this Act, and
    shall notify the Committees of planned uses of discretionary HIDTA
    funding, as determined in consultation with the HIDTA Directors, not
    later than 90 days after enactment of this Act.

                      other federal drug control programs

                         (including transfers of funds)

        For other drug control activities authorized by the Office of
    National Drug Control Policy Reauthorization Act of 2006 (Public Law
    109-469), $154,400,000, to remain available until expended, which shall
    be available as follows: $45,000,000 to support a national media
    campaign; $95,000,000 for the Drug-Free Communities Program, of which
    $2,000,000 shall be made available as directed by section 4 of Public
    Law 107-82, as amended by Public Law 109-469 (21 U.S.C. 1521 note);
    $1,000,000 for the National Drug Court Institute; $10,000,000 for the
    United States Anti-Doping Agency for anti-doping activities; $1,900,000
    for the United States membership dues to the World Anti-Doping Agency;
    $1,250,000 for the National Alliance for Model State Drug Laws; and
    $250,000 for evaluations and research related to National Drug Control
    Program performance measures, which may be transferred to other Federal
    departments and agencies to carry out such activities.

                              Unanticipated Needs

        For expenses necessary to enable the President to meet
    unanticipated needs, in furtherance of the national interest, security,
    or defense which may arise at home or abroad during the current fiscal
    year, as authorized by 3 U.S.C. 108, $1,000,000, to remain available
    until September 30, 2011.

               Partnership Fund for Program Integrity Innovation

                         (including transfer of funds)

        For the Partnership Fund for Program Integrity Innovation,
    $37,500,000, to remain available until September 30, 2012, which may be
    used for grants, contracts, cooperative agreements, and administrative
    costs of carrying out Partnership Fund for Program Integrity Innovation
    pilot projects: Provided, That these funds shall be transferred by the
    Director of the Office of Management and Budget to appropriate agencies
    to carry out pilot projects and to conduct or provide for evaluation of
    such projects: Provided further, That such transfers shall be
    contingent upon the Director of the Office of Management and Budget
    determining, in consultation with an interagency council consisting of
    representatives of appropriate Federal agencies, States, and other
    stakeholders, that the pilot projects address Federal programs that
    have a substantial State role in eligibility determination or
    administration or where Federal-State cooperation could otherwise be
    beneficial; in aggregate, save at least as much money as they cost;
    demonstrate the potential to streamline administration or strengthen
    program integrity; and do not achieve savings primarily by reducing the
    participation of eligible beneficiaries: Provided further, That the
    interagency council required by the previous proviso shall submit a
    progress report to the Committees on Appropriations of the House of
    Representatives and the Senate not later than March 31, 2010 and
    semiannually thereafter until the program is completed, including
    detailed information on goals, objectives, performance measures, and
    evaluations of the program in general and of each specific pilot
    undertaken.

                      Special Assistance to the President

                             salaries and expenses

        For necessary expenses to enable the Vice President to provide
    assistance to the President in connection with specially assigned
    functions; services as authorized by 5 U.S.C. 3109 and 3 U.S.C. 106,
    including subsistence expenses as authorized by 3 U.S.C. 106, which
    shall be expended and accounted for as provided in that section; and
    hire of passenger motor vehicles, $4,604,000.

                    Official Residence of the Vice President

                               operating expenses

                         (including transfer of funds)

        For the care, operation, refurnishing, improvement, and to the
    extent not otherwise provided for, heating and lighting, including
    electric power and fixtures, of the official residence of the Vice
    President; the hire of passenger motor vehicles; and not to exceed
    $90,000 for official entertainment expenses of the Vice President, to
    be accounted for solely on his certificate, $330,000: Provided, That
    advances or repayments or transfers from this appropriation may be made
    to any department or agency for expenses of carrying out such
    activities.

    Administrative Provisions--Executive Office of the President and Funds
                         Appropriated to the President

                         (including transfers of funds)

        Sec. 201.  From funds made available in this Act under the headings
    ``The White House'', ``Executive Residence at the White House'',
    ``White House Repair and Restoration'', ``Council of Economic
    Advisers'', ``National Security Council'', ``Office of
    Administration'', ``Special Assistance to the President'', and
    ``Official Residence of the Vice President'', the Director of the
    Office of Management and Budget (or such other officer as the President
    may designate in writing), may, 15 days after giving notice to the
    Committees on Appropriations of the House of Representatives and the
    Senate, transfer not to exceed 10 percent of any such appropriation to
    any other such appropriation, to be merged with and available for the
    same time and for the same purposes as the appropriation to which
    transferred: Provided, That the amount of an appropriation shall not be
    increased by more than 50 percent by such transfers: Provided further,
    That no amount shall be transferred from ``Special Assistance to the
    President'' or ``Official Residence of the Vice President'' without the
    approval of the Vice President.
        Sec. 202.  The Director of the Office of National Drug Control
    Policy shall submit to the Committees on Appropriations of the House of
    Representatives and the Senate not later than 60 days after the date of
    enactment of this Act, and prior to the initial obligation of more than
    20 percent of the funds appropriated in any account (except
    ``Counterdrug Technology Assessment Center'') under the heading
    ``Office of National Drug Control Policy'', a detailed narrative and
    financial plan on the proposed uses of all funds under the account by
    program, project, and activity: Provided, That the reports required by
    this section shall be updated and submitted to the Committees on
    Appropriations every 6 months and shall include information detailing
    how the estimates and assumptions contained in previous reports have
    changed: Provided further, That any new projects and changes in funding
    of ongoing projects shall be subject to the prior approval of the
    Committees on Appropriations.
        Sec. 203.  Not to exceed 2 percent of any appropriations in this
    Act made available to the Office of National Drug Control Policy may be
    transferred between appropriated programs upon the advance approval of
    the Committees on Appropriations: Provided, That no transfer may
    increase or decrease any such appropriation by more than 3 percent.
        Sec. 204.  Not to exceed $1,000,000 of any appropriations in this
    Act made available to the Office of National Drug Control Policy may be
    reprogrammed within a program, project, or activity upon the advance
    approval of the Committees on Appropriations.
         This title may be cited as the ``Executive Office of the President
    Appropriations Act, 2010''.

                                   TITLE III

                                 THE JUDICIARY

                       Supreme Court of the United States

                             salaries and expenses

        For expenses necessary for the operation of the Supreme Court, as
    required by law, excluding care of the building and grounds, including
    purchase or hire, driving, maintenance, and operation of an automobile
    for the Chief Justice, not to exceed $10,000 for the purpose of
    transporting Associate Justices, and hire of passenger motor vehicles
    as authorized by 31 U.S.C. 1343 and 1344; not to exceed $10,000 for
    official reception and representation expenses; and for miscellaneous
    expenses, to be expended as the Chief Justice may approve, $74,034,000,
    of which $2,000,000 shall remain available until expended.

                        care of the building and grounds

        For such expenditures as may be necessary to enable the Architect
    of the Capitol to carry out the duties imposed upon the Architect by 40
    U.S.C. 6111 and 6112, $14,525,000, which shall remain available until
    expended.

             United States Court of Appeals for the Federal Circuit

                             salaries and expenses

        For salaries of the chief judge, judges, and other officers and
    employees, and for necessary expenses of the court, as authorized by
    law, $32,560,000.

                   United States Court of International Trade

                             salaries and expenses

        For salaries of the chief judge and eight judges, salaries of the
    officers and employees of the court, services, and necessary expenses
    of the court, as authorized by law, $21,350,000.

        Courts of Appeals, District Courts, and Other Judicial Services

                             salaries and expenses

        For the salaries of circuit and district judges (including judges
    of the territorial courts of the United States), justices and judges
    retired from office or from regular active service, judges of the
    United States Court of Federal Claims, bankruptcy judges, magistrate
    judges, and all other officers and employees of the Federal Judiciary
    not otherwise specifically provided for, and necessary expenses of the
    courts, as authorized by law, $5,011,018,000 (including the purchase of
    firearms and ammunition); of which not to exceed $27,817,000 shall
    remain available until expended for space alteration projects and for
    furniture and furnishings related to new space alteration and
    construction projects.
        In addition, for expenses of the United States Court of Federal
    Claims associated with processing cases under the National Childhood
    Vaccine Injury Act of 1986 (Public Law 99-660), not to exceed
    $5,428,000, to be appropriated from the Vaccine Injury Compensation
    Trust Fund.

                               defender services

        For the operation of Federal Defender organizations; the
    compensation and reimbursement of expenses of attorneys appointed to
    represent persons under 18 U.S.C. 3006A, and also under 18 U.S.C. 3599,
    in cases in which a defendant is charged with a crime that may be
    punishable by death; the compensation and reimbursement of expenses of
    persons furnishing investigative, expert, and other services under 18
    U.S.C. 3006A(e), and also under 18 U.S.C. 3599(f) and (g)(2), in cases
    in which a defendant is charged with a crime that may be punishable by
    death; the compensation (in accordance with the maximums under 18
    U.S.C. 3006A) and reimbursement of expenses of attorneys appointed to
    assist the court in criminal cases where the defendant has waived
    representation by counsel; the compensation and reimbursement of travel
    expenses of guardians ad litem acting on behalf of financially eligible
    minor or incompetent offenders in connection with transfers from the
    United States to foreign countries with which the United States has a
    treaty for the execution of penal sentences; the compensation and
    reimbursement of expenses of attorneys appointed to represent jurors in
    civil actions for the protection of their employment, as authorized by
    28 U.S.C. 1875(d); the compensation and reimbursement of expenses of
    attorneys appointed under 18 U.S.C. 983(b)(1) in connection with
    certain judicial civil forfeiture proceedings; and for necessary
    training and general administrative expenses, $977,748,000, to remain
    available until expended.

                        fees of jurors and commissioners

        For fees and expenses of jurors as authorized by 28 U.S.C. 1871 and
    1876; compensation of jury commissioners as authorized by 28 U.S.C.
    1863; and compensation of commissioners appointed in condemnation cases
    pursuant to rule 71.1(h) of the Federal Rules of Civil Procedure (28
    U.S.C. Appendix Rule 71.1(h)), $61,861,000, to remain available until
    expended: Provided, That the compensation of land commissioners shall
    not exceed the daily equivalent of the highest rate payable under 5
    U.S.C. 5332.

                                 court security

                         (including transfers of funds)

        For necessary expenses, not otherwise provided for, incident to the
    provision of protective guard services for United States courthouses
    and other facilities housing Federal court operations, and the
    procurement, installation, and maintenance of security systems and
    equipment for United States courthouses and other facilities housing
    Federal court operations, including building ingress-egress control,
    inspection of mail and packages, directed security patrols, perimeter
    security, basic security services provided by the Federal Protective
    Service, and other similar activities as authorized by section 1010 of
    the Judicial Improvement and Access to Justice Act (Public Law 100-
    702), $452,607,000, of which not to exceed $15,000,000 shall remain
    available until expended, to be expended directly or transferred to the
    United States Marshals Service, which shall be responsible for
    administering the Judicial Facility Security Program consistent with
    standards or guidelines agreed to by the Director of the Administrative
    Office of the United States Courts and the Attorney General.

               Administrative Office of the United States Courts

                             salaries and expenses

        For necessary expenses of the Administrative Office of the United
    States Courts as authorized by law, including travel as authorized by
    31 U.S.C. 1345, hire of a passenger motor vehicle as authorized by 31
    U.S.C. 1343(b), advertising and rent in the District of Columbia and
    elsewhere, $83,075,000, of which not to exceed $8,500 is authorized for
    official reception and representation expenses.

                            Federal Judicial Center

                             salaries and expenses

        For necessary expenses of the Federal Judicial Center, as
    authorized by Public Law 90-219, $27,328,000; of which $1,800,000 shall
    remain available through September 30, 2011, to provide education and
    training to Federal court personnel; and of which not to exceed $1,500
    is authorized for official reception and representation expenses.

                           Judicial Retirement Funds

                        payment to judiciary trust funds

        For payment to the Judicial Officers' Retirement Fund, as
    authorized by 28 U.S.C. 377(o), $71,874,000; to the Judicial Survivors'
    Annuities Fund, as authorized by 28 U.S.C. 376(c), $6,500,000; and to
    the United States Court of Federal Claims Judges' Retirement Fund, as
    authorized by 28 U.S.C. 178(l), $4,000,000.

                      United States Sentencing Commission

                             salaries and expenses

        For the salaries and expenses necessary to carry out the provisions
    of chapter 58 of title 28, United States Code, $16,837,000, of which
    not to exceed $1,000 is authorized for official reception and
    representation expenses.

                    Administrative Provisions--The Judiciary

                         (including transfer of funds)

        Sec. 301.  Appropriations and authorizations made in this title
    which are available for salaries and expenses shall be available for
    services as authorized by 5 U.S.C. 3109.
        Sec. 302.  Not to exceed 5 percent of any appropriation made
    available for the current fiscal year for the Judiciary in this Act may
    be transferred between such appropriations, but no such appropriation,
    except ``Courts of Appeals, District Courts, and Other Judicial
    Services, Defender Services'' and ``Courts of Appeals, District Courts,
    and Other Judicial Services, Fees of Jurors and Commissioners'', shall
    be increased by more than 10 percent by any such transfers: Provided,
    That any transfer pursuant to this section shall be treated as a
    reprogramming of funds under sections 604 and 608 of this Act and shall
    not be available for obligation or expenditure except in compliance
    with the procedures set forth in section 608.
        Sec. 303.  Notwithstanding any other provision of law, the salaries
    and expenses appropriation for ``Courts of Appeals, District Courts,
    and Other Judicial Services'' shall be available for official reception
    and representation expenses of the Judicial Conference of the United
    States: Provided, That such available funds shall not exceed $11,000
    and shall be administered by the Director of the Administrative Office
    of the United States Courts in the capacity as Secretary of the
    Judicial Conference.
        Sec. 304.  Within 90 days after the date of the enactment of this
    Act, the Administrative Office of the U.S. Courts shall submit to the
    Committees on Appropriations a comprehensive financial plan for the
    Judiciary allocating all sources of available funds including
    appropriations, fee collections, and carryover balances, to include a
    separate and detailed plan for the Judiciary Information Technology
    Fund, which will establish the baseline for application of
    reprogramming and transfer authorities for the current fiscal year.
        Sec. 305.  Section 3314(a) of title 40, United States Code, shall
    be applied by substituting ``Federal'' for ``executive'' each place it
    appears.
        Sec. 306.  In accordance with 28 U.S.C. 561-569, and
    notwithstanding any other provision of law, the United States Marshals
    Service shall provide, for such courthouses as its Director may
    designate in consultation with the Director of the Administrative
    Office of the United States Courts, for purposes of a pilot program,
    the security services that 40 U.S.C. 1315 authorizes the Department of
    Homeland Security to provide, except for the services specified in 40
    U.S.C. 1315(b)(2)(E). For building-specific security services at these
    courthouses, the Director of the Administrative Office of the United
    States Courts shall reimburse the United States Marshals Service rather
    than the Department of Homeland Security.
        Sec. 307.  Section 203(c) of the Judicial Improvements Act of 1990
    (Public Law 101-650; 28 U.S.C. 133 note), is amended--
            (1) in the third sentence (relating to the District of Kansas),
        by striking ``18 years'' and inserting ``19 years'';
            (2) in the sixth sentence (relating to the Northern District of
        Ohio), by striking ``18 years'' and inserting ``19 years''; and
            (3) in the seventh sentence (relating to the District of
        Hawaii), by striking ``15 years'' and inserting ``16 years''.
        This title may be cited as the ``Judiciary Appropriations Act,
    2010''.

                                    TITLE IV

                              DISTRICT OF COLUMBIA

                                 Federal Funds

                  federal payment for resident tuition support

        For a Federal payment to the District of Columbia, to be deposited
    into a dedicated account, for a nationwide program to be administered
    by the Mayor, for District of Columbia resident tuition support,
    $35,100,000, to remain available until expended: Provided, That such
    funds, including any interest accrued thereon, may be used on behalf of
    eligible District of Columbia residents to pay an amount based upon the
    difference between in-State and out-of-State tuition at public
    institutions of higher education, or to pay up to $2,500 each year at
    eligible private institutions of higher education: Provided further,
    That the awarding of such funds may be prioritized on the basis of a
    resident's academic merit, the income and need of eligible students and
    such other factors as may be authorized: Provided further, That the
    District of Columbia government shall maintain a dedicated account for
    the Resident Tuition Support Program that shall consist of the Federal
    funds appropriated to the Program in this Act and any subsequent
    appropriations, any unobligated balances from prior fiscal years, and
    any interest earned in this or any fiscal year: Provided further, That
    the account shall be under the control of the District of Columbia
    Chief Financial Officer, who shall use those funds solely for the
    purposes of carrying out the Resident Tuition Support Program: Provided
    further, That the Office of the Chief Financial Officer shall provide a
    quarterly financial report to the Committees on Appropriations of the
    House of Representatives and the Senate for these funds showing, by
    object class, the expenditures made and the purpose therefor.

       federal payment for emergency planning and security costs in the
                              district of columbia

        For a Federal payment of necessary expenses, as determined by the
    Mayor of the District of Columbia in written consultation with the
    elected county or city officials of surrounding jurisdictions,
    $15,000,000, to remain available until expended and in addition any
    funds that remain available from prior year appropriations under this
    heading for the District of Columbia Government, for the costs of
    providing public safety at events related to the presence of the
    national capital in the District of Columbia, including support
    requested by the Director of the United States Secret Service Division
    in carrying out protective duties under the direction of the Secretary
    of Homeland Security, and for the costs of providing support to respond
    to immediate and specific terrorist threats or attacks in the District
    of Columbia or surrounding jurisdictions.

               federal payment to the district of columbia courts

        For salaries and expenses for the District of Columbia Courts,
    $261,180,000 to be allocated as follows: for the District of Columbia
    Court of Appeals, $12,022,000, of which not to exceed $2,500 is for
    official reception and representation expenses; for the District of
    Columbia Superior Court, $108,524,000, of which not to exceed $2,500 is
    for official reception and representation expenses; for the District of
    Columbia Court System, $65,114,000, of which not to exceed $2,500 is
    for official reception and representation expenses; and $75,520,000, to
    remain available until September 30, 2011, for capital improvements for
    District of Columbia courthouse facilities, including structural
    improvements to the District of Columbia cell block at the Moultrie
    Courthouse: Provided, That funds made available for capital
    improvements shall be expended consistent with the General Services
    Administration (GSA) master plan study and building evaluation report:
    Provided further, That notwithstanding any other provision of law, all
    amounts under this heading shall be apportioned quarterly by the Office
    of Management and Budget and obligated and expended in the same manner
    as funds appropriated for salaries and expenses of other Federal
    agencies, with payroll and financial services to be provided on a
    contractual basis with the GSA, and such services shall include the
    preparation of monthly financial reports, copies of which shall be
    submitted directly by GSA to the President and to the Committees on
    Appropriations of the House of Representatives and the Senate, the
    Committee on Oversight and Government Reform of the House of
    Representatives, and the Committee on Homeland Security and
    Governmental Affairs of the Senate: Provided further, That 30 days
    after providing written notice to the Committees on Appropriations of
    the House of Representatives and the Senate, the District of Columbia
    Courts may reallocate not more than $1,000,000 of the funds provided
    under this heading among the items and entities funded under this
    heading for operations, and not more than 4 percent of the funds
    provided under this heading for facilities.

      federal payment for defender services in district of columbia courts

        For payments authorized under section 11-2604 and section 11-2605,
    D.C. Official Code (relating to representation provided under the
    District of Columbia Criminal Justice Act), payments for counsel
    appointed in proceedings in the Family Court of the Superior Court of
    the District of Columbia under chapter 23 of title 16, D.C. Official
    Code, or pursuant to contractual agreements to provide guardian ad
    litem representation, training, technical assistance, and such other
    services as are necessary to improve the quality of guardian ad litem
    representation, payments for counsel appointed in adoption proceedings
    under chapter 3 of title 16, D.C. Official Code, and payments for
    counsel authorized under section 21-2060, D.C. Official Code (relating
    to representation provided under the District of Columbia Guardianship,
    Protective Proceedings, and Durable Power of Attorney Act of 1986),
    $55,000,000, to remain available until expended: Provided, That funds
    provided under this heading shall be administered by the Joint
    Committee on Judicial Administration in the District of Columbia:
    Provided further, That notwithstanding any other provision of law, this
    appropriation shall be apportioned quarterly by the Office of
    Management and Budget and obligated and expended in the same manner as
    funds appropriated for expenses of other Federal agencies, with payroll
    and financial services to be provided on a contractual basis with the
    General Services Administration (GSA), and such services shall include
    the preparation of monthly financial reports, copies of which shall be
    submitted directly by GSA to the President and to the Committees on
    Appropriations of the House of Representatives and the Senate, the
    Committee on Oversight and Government Reform of the House of
    Representatives, and the Committee on Homeland Security and
    Governmental Affairs of the Senate.

     federal payment to the court services and offender supervision agency
                          for the district of columbia

        For salaries and expenses, including the transfer and hire of motor
    vehicles, of the Court Services and Offender Supervision Agency for the
    District of Columbia, as authorized by the National Capital
    Revitalization and Self-Government Improvement Act of 1997,
    $212,408,000, of which not to exceed $2,000 is for official reception
    and representation expenses related to Community Supervision and
    Pretrial Services Agency programs; of which not to exceed $25,000 is
    for dues and assessments relating to the implementation of the Court
    Services and Offender Supervision Agency Interstate Supervision Act of
    2002; of which $153,856,000 shall be for necessary expenses of
    Community Supervision and Sex Offender Registration, to include
    expenses relating to the supervision of adults subject to protection
    orders or the provision of services for or related to such persons; of
    which $58,552,000 shall be available to the Pretrial Services Agency:
    Provided, That notwithstanding any other provision of law, all amounts
    under this heading shall be apportioned quarterly by the Office of
    Management and Budget and obligated and expended in the same manner as
    funds appropriated for salaries and expenses of other Federal agencies:
    Provided further, That not less than $2,000,000 shall be available for
    re-entrant housing in the District of Columbia: Provided further, That
    the Director is authorized to accept and use gifts in the form of in-
    kind contributions of space and hospitality to support offender and
    defendant programs, and equipment and vocational training services to
    educate and train offenders and defendants: Provided further, That the
    Director shall keep accurate and detailed records of the acceptance and
    use of any gift or donation under the previous proviso, and shall make
    such records available for audit and public inspection: Provided
    further, That the Court Services and Offender Supervision Agency
    Director is authorized to accept and use reimbursement from the
    District of Columbia Government for space and services provided on a
    cost reimbursable basis.

      federal payment to the public defender service for the district of
                                    columbia

        For salaries and expenses, including the transfer and hire of motor
    vehicles, of the District of Columbia Public Defender Service, as
    authorized by the National Capital Revitalization and Self-Government
    Improvement Act of 1997, $37,316,000: Provided, That notwithstanding
    any other provision of law, all amounts under this heading shall be
    apportioned quarterly by the Office of Management and Budget and
    obligated and expended in the same manner as funds appropriated for
    salaries and expenses of Federal agencies.

     federal payment to the district of columbia water and sewer authority

        For a Federal payment to the District of Columbia Water and Sewer
    Authority, $20,000,000, to remain available until expended, to continue
    implementation of the Combined Sewer Overflow Long-Term Plan: Provided,
    That the District of Columbia Water and Sewer Authority provides a 100
    percent match for this payment.

          federal payment to the criminal justice coordinating council

        For a Federal payment to the Criminal Justice Coordinating Council,
    $2,000,000, to remain available until expended, to support initiatives
    related to the coordination of Federal and local criminal justice
    resources in the District of Columbia.

                    federal payment for judicial commissions

        For a Federal payment, to remain available until September 30,
    2011, to the Commission on Judicial Disabilities and Tenure, $295,000,
    and for the Judicial Nomination Commission, $205,000.

     federal payment to the office of the chief financial officer for the
                              district of columbia

        For a Federal payment to the Office of the Chief Financial Officer
    for the District of Columbia, $1,850,000, in the amounts and for the
    projects specified in the table that appears under the heading
    ``Federal Payment to the Office of the Chief Financial Officer for the
    District of Columbia'' in the statement of managers to accompany this
    Act: Provided, That each entity that receives funding under this
    heading shall submit to the Office of the Chief Financial Officer for
    the District of Columbia (CFO), not later than 60 days after enactment
    of this Act, a detailed budget and comprehensive description of the
    activities to be carried out with such funds, and the CFO shall submit
    a comprehensive report to the Committees on Appropriations of the House
    of Representatives and the Senate not later than June 1, 2010.

                     federal payment for school improvement

        For a Federal payment for a school improvement program in the
    District of Columbia, $75,400,000, to be allocated as follows: for the
    District of Columbia Public Schools, $42,200,000 to improve public
    school education in the District of Columbia; for the State Education
    Office, $20,000,000 to expand quality public charter schools in the
    District of Columbia, to remain available until expended; for the
    Secretary of the Department of Education, $13,200,000 to provide
    opportunity scholarships for students in the District of Columbia in
    accordance with title III of division C of the District of Columbia
    Appropriations Act, 2004 (Public Law 108-199; 118 Stat. 126), to remain
    available until expended, of which up to $1,000,000 may be used to
    administer and fund assessments, and of which up to $1,000,000 may be
    used to administer testing of students to determine and compare
    academic performance of the schools enrolling students participating in
    the opportunity scholarship program: Provided, That notwithstanding the
    second proviso under this heading in Public Law 111-8, funds provided
    herein may only be used to provide opportunity scholarships to students
    who received scholarships in the 2009-2010 school year: Provided
    further, That funds available under this heading for opportunity
    scholarships, including from prior-year appropriations Acts, may be
    made available only for scholarships to students who received
    scholarships in the 2009-2010 school year: Provided further, That none
    of the funds provided in this Act or any other Act for opportunity
    scholarships may be used by an eligible student to enroll in a
    participating school under the DC School Choice Incentive Act of 2003
    unless (1) the participating school has and maintains a valid
    certificate of occupancy issued by the District of Columbia; (2) the
    core subject matter teachers of the eligible student hold 4-year
    bachelor's degrees; and (3) the participating school is in compliance
    with the accreditation and other standards prescribed under the
    District of Columbia compulsory school attendance laws that apply to
    educational institutions not affiliated with the District of Columbia
    Public Schools: Provided further, That the Secretary of Education shall
    submit a report to Congress not later than June 15, 2010 detailing the
    academic rigor and quality of each participating school and that for
    the purposes of submitting the report the Secretary shall administer to
    eligible students participating in the program the same tests of
    academic performance as those administered to students enrolled in the
    District of Columbia Public Schools in the 2009-2010 school year and
    the Secretary shall utilize the performance of scholarship recipients
    on that test as well as other metrics of academic quality considered
    appropriate by the Secretary to evaluate the academic rigor and quality
    of participating schools and include in this report comparative data on
    District of Columbia Public Schools and Public Charter Schools:
    Provided further, That the Secretary of Education shall ensure that
    site inspections of participating schools are conducted at least twice
    annually.

              federal payment for consolidated laboratory facility

        For a Federal payment to the District of Columbia, $15,000,000, to
    remain available until September 30, 2011, for costs associated with
    the construction of a consolidated bioterrorism and forensics
    laboratory: Provided, That the District of Columbia provides a 100
    percent match for this payment.

          federal payment for the district of columbia national guard

        For a Federal payment to the District of Columbia National Guard,
    $375,000, to remain available until expended for the District of
    Columbia National Guard retention and college access programs, which
    shall hereafter be known as the ``Major General David F. Wherley, Jr.
    District of Columbia National Guard Retention and College Access
    Program''.

                  federal payment for housing for the homeless

        For a Federal payment to the District of Columbia, $17,000,000, to
    remain available until September 30, 2011, to support permanent
    supportive housing programs in the District.

                       federal payment for youth services

        For a Federal payment to the District of Columbia, $4,000,000, to
    remain available until September 30, 2011, to support the
    ``Reconnecting Disconnected Youth'' initiative.

                           District of Columbia Funds

        The following amounts are appropriated for the District of Columbia
    for the current fiscal year out of the General Fund of the District of
    Columbia (``General Fund''), except as otherwise specifically provided:
    Provided, That notwithstanding any other provision of law, except as
    provided in section 450A of the District of Columbia Home Rule Act,
    (114 Stat. 2440; D.C. Official Code, section 1-204.50a) and provisions
    of the Fiscal Year 2010 Budget Request Act, the total amount
    appropriated in this Act for operating expenses for the District of
    Columbia for fiscal year 2010 under this heading shall not exceed the
    lesser of the sum of the total revenues of the District of Columbia for
    such fiscal year or $10,016,041,000 (of which $5,637,824,000 shall be
    from local funds, (including $394,417,000 from dedicated taxes)
    $2,661,782,000 shall be from Federal grant funds, $1,711,249,000 shall
    be from other funds, and $5,187,000 shall be from private funds); in
    addition, $185,725,000 from funds previously appropriated in this Act
    as Federal payments, which does not include funds appropriated under
    the American Recovery and Reinvestment Act of 2009 (Public Law 111-5):
    Provided further, That of the local funds, such amounts as may be
    necessary may be derived from the District's General Fund balance:
    Provided further, That of these funds the District's intradistrict
    authority shall be $791,096,000: in addition for capital construction
    projects, an increase of $3,249,642,000, of which $2,685,760,000 shall
    be from local funds, $54,893,000 from the District of Columbia Highway
    Trust fund, $186,805,000 from the Local Street Maintenance fund,
    $322,184,000 from Federal grant funds, and a rescission of
    $1,834,494,000 from local funds and a rescission of $91,327,000 from
    Local Street Maintenance funds appropriated under this heading in prior
    fiscal years for a net amount of $1,323,821,000, to remain available
    until expended: Provided further, That the amounts provided under this
    heading are to be available, allocated and expended as proposed under
    Title III of the Fiscal Year 2010 Budget Request Act at the rate set
    forth under ``District of Columbia Funds Division of Expenses'' of the
    Fiscal Year 2010 Proposed Budget and Financial Plan submitted to the
    Congress of the United States by the District of Columbia on September
    28, 2009: Provided further, That this amount may be increased by
    proceeds of one-time transactions, which are expended for emergency or
    unanticipated operating or capital needs: Provided further, That such
    increases shall be approved by enactment of local District law and
    shall comply with all reserve requirements contained in the District of
    Columbia Home Rule Act (87 Stat. 777; D.C. Official Code sec. 1-201.01
    et seq.): Provided further, That the Chief Financial Officer of the
    District of Columbia shall take such steps as are necessary to assure
    that the District of Columbia meets these requirements, including the
    apportioning by the Chief Financial Officer of the appropriations and
    funds made available to the District during fiscal year 2010, except
    that the Chief Financial Officer may not reprogram for operating
    expenses any funds derived from bonds, notes, or other obligations
    issued for capital projects.
         This title may be cited as the ``District of Columbia
    Appropriations Act, 2010''.

                                    TITLE V

                              INDEPENDENT AGENCIES

                 Administrative Conference of the United States

                             salaries and expenses

        For necessary expenses of the Administrative Conference of the
    United States, authorized by 5 U.S.C. 591 et seq., $1,500,000, to
    remain available until September 30, 2011, of which not to exceed
    $1,000 is for official reception and representation expenses.

                   Christopher Columbus Fellowship Foundation

                             salaries and expenses

        For payment to the Christopher Columbus Fellowship Foundation,
    established by section 423 of Public Law 102-281, $750,000, to remain
    available until expended.

                       Consumer Product Safety Commission

                             salaries and expenses

        For necessary expenses of the Consumer Product Safety Commission,
    including hire of passenger motor vehicles, services as authorized by 5
    U.S.C. 3109, but at rates for individuals not to exceed the per diem
    rate equivalent to the maximum rate payable under 5 U.S.C. 5376,
    purchase of nominal awards to recognize non-Federal officials'
    contributions to Commission activities, and not to exceed $2,000 for
    official reception and representation expenses, $118,200,000, of which
    $2,000,000 shall remain available for obligation until September 30,
    2011, to implement the Virginia Graeme Baker Pool and Spa Safety Act
    grant program as provided by section 1405 of Public Law 110-140 (15
    U.S.C. 8004).

                         Election Assistance Commission

                             salaries and expenses

                         (including transfer of funds)

        For necessary expenses to carry out the Help America Vote Act of
    2002 (Public Law 107-252), $17,959,000, of which $3,500,000 shall be
    transferred to the National Institute of Standards and Technology for
    election reform activities authorized under the Help America Vote Act
    of 2002: Provided, That $750,000 shall be for the Help America Vote
    College Program as authorized by the Help America Vote Act of 2002:
    Provided further, That $300,000 shall be for a competitive grant
    program to support community involvement in student and parent mock
    elections.

                            election reform programs

        For necessary expenses relating to election reform programs,
    $75,000,000, to remain available until expended, of which $70,000,000
    shall be for requirements payments under part 1 of subtitle D of title
    II of the Help America Vote Act of 2002 (Public Law 107-252),
    $3,000,000 shall be for grants to carry out research on voting
    technology improvements as authorized under part 3 of subtitle D of
    title II of such Act, and $2,000,000, shall be to conduct a pilot
    program for grants to States and units of local government for pre-
    election logic and accuracy testing and post-election voting systems
    verification.

                       Federal Communications Commission

                             salaries and expenses

        For necessary expenses of the Federal Communications Commission, as
    authorized by law, including uniforms and allowances therefor, as
    authorized by 5 U.S.C. 5901-5902; not to exceed $4,000 for official
    reception and representation expenses; purchase and hire of motor
    vehicles; special counsel fees; and services as authorized by 5 U.S.C.
    3109, $335,794,000: Provided, That $335,794,000 of offsetting
    collections shall be assessed and collected pursuant to section 9 of
    title I of the Communications Act of 1934, shall be retained and used
    for necessary expenses in this appropriation, and shall remain
    available until expended: Provided further, That the sum herein
    appropriated shall be reduced as such offsetting collections are
    received during fiscal year 2010 so as to result in a final fiscal year
    2010 appropriation estimated at $0: Provided further, That any
    offsetting collections received in excess of $335,794,000 in fiscal
    year 2010 shall not be available for obligation: Provided further, That
    remaining offsetting collections from prior years collected in excess
    of the amount specified for collection in each such year and otherwise
    becoming available on October 1, 2009, shall not be available for
    obligation: Provided further, That notwithstanding 47 U.S.C.
    309(j)(8)(B), proceeds from the use of a competitive bidding system
    that may be retained and made available for obligation shall not exceed
    $85,000,000 for fiscal year 2010: Provided further, That the Inspector
    General of the Federal Communications Commission shall examine whether,
    and to what extent, the National Exchange Carrier Association, Inc. is
    acting in compliance with the Communications Act of 1934, as amended,
    and the regulations promulgated thereunder, and whether, and to what
    extent, the FCC has delegated authority to National Exchange Carrier
    Association, Inc. consistent with the Communications Act of 1934, as
    amended: Provided further, That the Federal Communications Commission
    Inspector General shall submit a report to Congress not later than July
    1, 2010, setting forth the conclusions of such examination.

          administrative provisions--federal communications commission

        Sec. 501.  Section 302 of the Universal Service Antideficiency
    Temporary Suspension Act is amended by striking ``December 31, 2009'',
    each place it appears and inserting ``December 31, 2010''.
        Sec. 502.  None of the funds appropriated by this Act may be used
    by the Federal Communications Commission to modify, amend, or change
    its rules or regulations for universal service support payments to
    implement the February 27, 2004 recommendations of the Federal-State
    Joint Board on Universal Service regarding single connection or primary
    line restrictions on universal service support payments.

                     Federal Deposit Insurance Corporation

                        office of the inspector general

        For necessary expenses of the Office of Inspector General in
    carrying out the provisions of the Inspector General Act of 1978,
    $37,942,000, to be derived from the Deposit Insurance Fund or, only
    when appropriate, the FSLIC Resolution Fund.

                          Federal Election Commission

                             salaries and expenses

        For necessary expenses to carry out the provisions of the Federal
    Election Campaign Act of 1971, $66,500,000, of which not to exceed
    $5,000 shall be available for reception and representation expenses.

                       Federal Labor Relations Authority

                             salaries and expenses

        For necessary expenses to carry out functions of the Federal Labor
    Relations Authority, pursuant to Reorganization Plan Numbered 2 of
    1978, and the Civil Service Reform Act of 1978, including services
    authorized by 5 U.S.C. 3109, and including hire of experts and
    consultants, hire of passenger motor vehicles, and rental of conference
    rooms in the District of Columbia and elsewhere, $24,773,000: Provided,
    That public members of the Federal Service Impasses Panel may be paid
    travel expenses and per diem in lieu of subsistence as authorized by
    law (5 U.S.C. 5703) for persons employed intermittently in the
    Government service, and compensation as authorized by 5 U.S.C. 3109:
    Provided further, That notwithstanding 31 U.S.C. 3302, funds received
    from fees charged to non-Federal participants at labor-management
    relations conferences shall be credited to and merged with this
    account, to be available without further appropriation for the costs of
    carrying out these conferences.

                            Federal Trade Commission

                             salaries and expenses

        For necessary expenses of the Federal Trade Commission, including
    uniforms or allowances therefor, as authorized by 5 U.S.C. 5901-5902;
    services as authorized by 5 U.S.C. 3109; hire of passenger motor
    vehicles; and not to exceed $2,000 for official reception and
    representation expenses, $291,700,000, to remain available until
    expended: Provided, That not to exceed $300,000 shall be available for
    use to contract with a person or persons for collection services in
    accordance with the terms of 31 U.S.C. 3718: Provided further, That,
    notwithstanding any other provision of law, not to exceed $102,000,000
    of offsetting collections derived from fees collected for premerger
    notification filings under the Hart-Scott-Rodino Antitrust Improvements
    Act of 1976 (15 U.S.C. 18a), regardless of the year of collection,
    shall be retained and used for necessary expenses in this
    appropriation: Provided further, That, notwithstanding any other
    provision of law, not to exceed $21,000,000 in offsetting collections
    derived from fees sufficient to implement and enforce the Telemarketing
    Sales Rule, promulgated under the Telemarketing and Consumer Fraud and
    Abuse Prevention Act (15 U.S.C. 6101 et seq.), shall be credited to
    this account, and be retained and used for necessary expenses in this
    appropriation: Provided further, That the sum herein appropriated from
    the general fund shall be reduced as such offsetting 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 $168,700,000: Provided further, That none of the funds made
    available to the Federal Trade Commission may be used to implement
    subsection (e)(2)(B) of section 43 of the Federal Deposit Insurance Act
    (12 U.S.C. 1831t).

                        General Services Administration

                            real property activities

                             federal buildings fund

                     limitations on availability of revenue

        For an additional amount to be deposited in the Federal Buildings
    Fund, $537,900,000. Amounts in the Fund, including revenues and
    collections deposited into the Fund shall be available for necessary
    expenses of real property management and related activities not
    otherwise provided for, including operation, maintenance, and
    protection of federally owned and leased buildings; rental of buildings
    in the District of Columbia; restoration of leased premises; moving
    governmental agencies (including space adjustments and
    telecommunications relocation expenses) in connection with the
    assignment, allocation and transfer of space; contractual services
    incident to cleaning or servicing buildings, and moving; repair and
    alteration of federally owned buildings including grounds, approaches
    and appurtenances; care and safeguarding of sites; maintenance,
    preservation, demolition, and equipment; acquisition of buildings and
    sites by purchase, condemnation, or as otherwise authorized by law;
    acquisition of options to purchase buildings and sites; conversion and
    extension of federally owned buildings; preliminary planning and design
    of projects by contract or otherwise; construction of new buildings
    (including equipment for such buildings); and payment of principal,
    interest, and any other obligations for public buildings acquired by
    installment purchase and purchase contract; in the aggregate amount of
    $8,543,585,000, of which: (1) $894,037,000 shall remain available until
    expended for construction and acquisition (including funds for sites
    and expenses and associated design and construction services) of
    additional projects at the following locations:
        New Construction:
            Alabama:
                Mobile, United States Courthouse, $50,000,000.
            California:
                Calexico, Calexico West, Land Port of Entry, $9,437,000.
            Colorado:
                Lakewood, Denver Federal Center Remediation, $9,962,000.
            District of Columbia:
                Columbia Plaza, $100,000,000.
                Southeast Federal Center Remediation, $15,000,000.
            Florida:
                Miami, Federal Bureau of Investigation Field Office
            Consolidation, $190,675,000.
            Georgia:
                Savannah, United States Courthouse, $7,900,000.
            Maine:
                Madawaska, Land Port of Entry, $50,127,000.
            Maryland:
                White Oak, Food and Drug Administration Consolidation,
            $137,871,000.
                Greenbelt, United States Courthouse, $10,000,000.
            Pennsylvania:
                Lancaster, United States Courthouse, $6,500,000.
            Texas:
                El Paso, Tornillo-Guadalupe, Land Port of Entry,
            $91,565,000.
                San Antonio, United States Courthouse, $4,000,000.
            Utah:
                Salt Lake City, United States Courthouse, $211,000,000:
    Provided, That each of the foregoing limits of costs on new
    construction projects may be exceeded to the extent that savings are
    effected in other such projects, but not to exceed 10 percent of the
    amounts included in an approved prospectus, if required, unless advance
    approval is obtained from the Committees on Appropriations of a greater
    amount: Provided further, That all funds for direct construction
    projects shall expire on September 30, 2011 and remain in the Federal
    Buildings Fund except for funds for projects as to which funds for
    design or other funds have been obligated in whole or in part prior to
    such date: Provided further, That for fiscal year 2011 and thereafter,
    the annual budget submission to Congress for the General Services
    Administration shall include a detailed 5-year plan for Federal
    building construction projects with a yearly update of total projected
    future funding needs: Provided further, That for fiscal year 2011 and
    thereafter, the annual budget submission to Congress for the General
    Services Administration shall, in consultation with U.S. Customs and
    Border Protection, include a detailed 5-year plan for Federal land
    port-of-entry projects with a yearly update of total projected future
    funding needs; (2) $413,776,000 shall remain available until expended
    for repairs and alterations, which includes associated design and
    construction services:
        Repairs and Alterations:
            District of Columbia:
                East Wing Infrastructure Systems Replacement, $84,500,000.
                Eisenhower Executive Office Building Roof Replacement,
            $15,000,000.
                New Executive Office Building, $30,276,000.
            Special Emphasis Programs:
                Fire and Life Safety Program, $20,000,000.
                Energy and Water Retrofit and Conservation Measures,
            $2,000,000.
                Federal High-Performance Green Buildings, $2,000,000.
            Basic Repairs and Alterations, $260,000,000:
    Provided further, That funds made available in this or any previous Act
    in the Federal Buildings Fund for Repairs and Alterations shall, for
    prospectus projects, be limited to the amount identified for each
    project, except each project in this or any previous Act may be
    increased by an amount not to exceed 10 percent unless advance approval
    is obtained from the Committees on Appropriations of a greater amount:
    Provided further, That additional projects for which prospectuses have
    been fully approved may be funded under this category only if advance
    approval is obtained from the Committees on Appropriations: Provided
    further, That the amounts provided in this or any prior Act for
    ``Repairs and Alterations'' may be used to fund costs associated with
    implementing security improvements to buildings necessary to meet the
    minimum standards for security in accordance with current law and in
    compliance with the reprogramming guidelines of the appropriate
    Committees of the House and Senate: Provided further, That the
    difference between the funds appropriated and expended on any projects
    in this or any prior Act, under the heading ``Repairs and
    Alterations'', may be transferred to Basic Repairs and Alterations or
    used to fund authorized increases in prospectus projects: Provided
    further, That all funds for repairs and alterations prospectus projects
    shall expire on September 30, 2011 and remain in the Federal Buildings
    Fund except funds for projects as to which funds for design or other
    funds have been obligated in whole or in part prior to such date:
    Provided further, That the amount provided in this or any prior Act for
    Basic Repairs and Alterations may be used to pay claims against the
    Government arising from any projects under the heading ``Repairs and
    Alterations'' or used to fund authorized increases in prospectus
    projects; (3) $140,525,000 for installment acquisition payments
    including payments on purchase contracts which shall remain available
    until expended; (4) $4,804,871,000 for rental of space which shall
    remain available until expended; and (5) $2,290,376,000 for building
    operations which shall remain available until expended: Provided
    further, That funds available to the General Services Administration
    shall not be available for expenses of any construction, repair,
    alteration and acquisition project for which a prospectus, if required
    by the Public Buildings Act of 1959, has not been approved, except that
    necessary funds may be expended for each project for required expenses
    for the development of a proposed prospectus: Provided further, That
    funds available in the Federal Buildings Fund may be expended for
    emergency repairs when advance approval is obtained from the Committees
    on Appropriations: Provided further, That amounts necessary to provide
    reimbursable special services to other agencies under 40 U.S.C.
    592(b)(2) and amounts to provide such reimbursable fencing, lighting,
    guard booths, and other facilities on private or other property not in
    Government ownership or control as may be appropriate to enable the
    United States Secret Service to perform its protective functions
    pursuant to 18 U.S.C. 3056, shall be available from such revenues and
    collections: Provided further, That revenues and collections and any
    other sums accruing to this Fund during fiscal year 2010, excluding
    reimbursements under 40 U.S.C. 592(b)(2) in excess of the aggregate new
    obligational authority authorized for Real Property Activities of the
    Federal Buildings Fund in this Act shall remain in the Fund and shall
    not be available for expenditure except as authorized in appropriations
    Acts.

                               general activities

                             government-wide policy

        For expenses authorized by law, not otherwise provided for, for
    Government-wide policy and evaluation activities associated with the
    management of real and personal property assets and certain
    administrative services; Government-wide policy support
    responsibilities relating to acquisition, telecommunications,
    information technology management, and related technology activities;
    and services as authorized by 5 U.S.C. 3109; $59,665,000.

                               operating expenses

        For expenses authorized by law, not otherwise provided for, for
    Government-wide activities associated with utilization and donation of
    surplus personal property; disposal of real property; agency-wide
    policy direction, management, and communications; the Civilian Board of
    Contract Appeals; services as authorized by 5 U.S.C. 3109; and not to
    exceed $7,500 for official reception and representation expenses;
    $72,881,000, of which $1,000,000 shall be for a payment to the Oklahoma
    City National Memorial Foundation as authorized by 16 U.S.C. 450ss-5.

                          office of inspector general

        For necessary expenses of the Office of Inspector General and
    service authorized by 5 U.S.C. 3109, $59,000,000: Provided, That not to
    exceed $15,000 shall be available for payment for information and
    detection of fraud against the Government, including payment for
    recovery of stolen Government property: Provided further, That not to
    exceed $2,500 shall be available for awards to employees of other
    Federal agencies and private citizens in recognition of efforts and
    initiatives resulting in enhanced Office of Inspector General
    effectiveness.

                           electronic government fund

                         (including transfer of funds)

        For necessary expenses in support of interagency projects that
    enable the Federal Government to expand its ability to conduct
    activities electronically, through the development and implementation
    of innovative uses of the Internet and other electronic methods,
    $34,000,000, to remain available until expended: Provided, That these
    funds may be transferred to Federal agencies to carry out the purpose
    of the Fund: Provided further, That this transfer authority shall be in
    addition to any other transfer authority provided in this Act: Provided
    further, That such transfers may not be made until 10 days after a
    proposed spending plan and explanation for each project to be
    undertaken has been submitted to the Committees on Appropriations of
    the House of Representatives and the Senate.

               allowances and office staff for former presidents

        For carrying out the provisions of the Act of August 25, 1958 (3
    U.S.C. 102 note), and Public Law 95-138, $3,756,000.

                         federal citizen services fund

        For necessary expenses of the Office of Citizen Services, including
    services authorized by 5 U.S.C. 3109, $36,515,000, to be deposited into
    the Federal Citizen Services Fund: Provided, That the appropriations,
    revenues, and collections deposited into the Fund shall be available
    for necessary expenses of Federal Citizen Services activities in the
    aggregate amount not to exceed $61,000,000. Appropriations, revenues,
    and collections accruing to this Fund during fiscal year 2010 in excess
    of such amount shall remain in the Fund and shall not be available for
    expenditure except as authorized in appropriations Acts.

           administrative provisions--general services administration

                         (including transfers of funds)

        Sec. 510.  Funds available to the General Services Administration
    shall be available for the hire of passenger motor vehicles.
        Sec. 511.  Funds in the Federal Buildings Fund made available for
    fiscal year 2010 for Federal Buildings Fund activities may be
    transferred between such activities only to the extent necessary to
    meet program requirements: Provided, That any proposed transfers shall
    be approved in advance by the Committees on Appropriations of the House
    of Representatives and the Senate.
        Sec. 512.  Except as otherwise provided in this title, funds made
    available by this Act shall be used to transmit a fiscal year 2011
    request for United States Courthouse construction only if the request:
    (1) meets the design guide standards for construction as established
    and approved by the General Services Administration, the Judicial
    Conference of the United States, and the Office of Management and
    Budget; (2) reflects the priorities of the Judicial Conference of the
    United States as set out in its approved 5-year construction plan; and
    (3) includes a standardized courtroom utilization study of each
    facility to be constructed, replaced, or expanded.
        Sec. 513.  None of the funds provided in this Act may be used to
    increase the amount of occupiable square feet, provide cleaning
    services, security enhancements, or any other service usually provided
    through the Federal Buildings Fund, to any agency that does not pay the
    rate per square foot assessment for space and services as determined by
    the General Services Administration in compliance with the Public
    Buildings Amendments Act of 1972 (Public Law 92-313).
        Sec. 514.  From funds made available under the heading ``Federal
    Buildings Fund, Limitations on Availability of Revenue'', claims
    against the Government of less than $250,000 arising from direct
    construction projects and acquisition of buildings may be liquidated
    from savings effected in other construction projects with prior
    notification to the Committees on Appropriations of the House of
    Representatives and the Senate.
        Sec. 515.  In any case in which the Committee on Transportation and
    Infrastructure of the House of Representatives and the Committee on
    Environment and Public Works of the Senate adopt a resolution granting
    lease authority pursuant to a prospectus transmitted to Congress by the
    Administrator of the General Services Administration under 40 U.S.C.
    3307, the Administrator shall ensure that the delineated area of
    procurement is identical to the delineated area included in the
    prospectus for all lease agreements, except that, if the Administrator
    determines that the delineated area of the procurement should not be
    identical to the delineated area included in the prospectus, the
    Administrator shall provide an explanatory statement to each of such
    committees and the Committees on Appropriations of the House of
    Representatives and the Senate prior to exercising any lease authority
    provided in the resolution.
        Sec. 516.  In furtherance of the emergency management policy set
    forth in the Robert T. Stafford Disaster Relief and Emergency
    Assistance Act, the Administrator of the General Services
    Administration may provide for the use of the Federal supply schedules
    of the General Services Administration by relief and disaster
    assistance organizations as described in section 309 of that Act.
    Purchases under this authority shall be limited to use in preparation
    for, response to, and recovery from hazards as defined in section 602
    of that Act.

                     Harry S Truman Scholarship Foundation

                             salaries and expenses

        For payment to the Harry S Truman Scholarship Foundation Trust
    Fund, established by section 10 of Public Law 93-642, $660,000, to
    remain available until expended.

                         Merit Systems Protection Board

                             salaries and expenses

                         (including transfer of funds)

        For necessary expenses to carry out functions of the Merit Systems
    Protection Board pursuant to Reorganization Plan Numbered 2 of 1978,
    the Civil Service Reform Act of 1978, and the Whistleblower Protection
    Act of 1989 (5 U.S.C. 5509 note), including services as authorized by 5
    U.S.C. 3109, rental of conference rooms in the District of Columbia and
    elsewhere, hire of passenger motor vehicles, direct procurement of
    survey printing, and not to exceed $2,000 for official reception and
    representation expenses, $40,339,000 together with not to exceed
    $2,579,000 for administrative expenses to adjudicate retirement appeals
    to be transferred from the Civil Service Retirement and Disability Fund
    in amounts determined by the Merit Systems Protection Board.

                Morris K. Udall and Stewart L. Udall Foundation

                morris k. udall and stewart l. udall trust fund

                         (including transfer of funds)

        For payment to the Morris K. Udall and Stewart L. Udall Trust Fund,
    pursuant to the Morris K. Udall and Stewart L. Udall Foundation Act (20
    U.S.C. 5601 et seq.), $2,500,000, to remain available until expended,
    of which up to $50,000 shall be used to conduct financial audits
    pursuant to the Accountability of Tax Dollars Act of 2002 (Public Law
    107-289) notwithstanding sections 8 and 9 of Public Law 102-259:
    Provided, That up to 60 percent of such funds may be transferred by the
    Morris K. Udall and Stewart L. Udall Foundation for the necessary
    expenses of the Native Nations Institute.

                     environmental dispute resolution fund

        For payment to the Environmental Dispute Resolution Fund to carry
    out activities authorized in the Environmental Policy and Conflict
    Resolution Act of 1998, $3,800,000, to remain available until expended.

                  National Archives and Records Administration

                               operating expenses

        For necessary expenses in connection with the administration of the
    National Archives and Records Administration (including the Information
    Security Oversight Office) and archived Federal records and related
    activities, as provided by law, and for expenses necessary for the
    review and declassification of documents and the activities of the
    Public Interest Declassification Board, and for the hire of passenger
    motor vehicles, and for uniforms or allowances therefor, as authorized
    by law (5 U.S.C. 5901 et seq.), including maintenance, repairs, and
    cleaning, $339,770,000.

                          office of inspector general

        For necessary expenses of the Office of Inspector General in
    carrying out the provisions of the Inspector General Reform Act of
    2008, Public Law 110-409, 122 Stat. 4302-16 (2008), and the Inspector
    General Act of 1978 (5 U.S.C. App.), and for the hire of passenger
    motor vehicles, $4,100,000.

                          electronic records archives

        For necessary expenses in connection with the development of the
    electronic records archives, to include all direct project costs
    associated with research, analysis, design, development, and program
    management, $85,500,000, of which $61,757,000 shall remain available
    until September 30, 2012: Provided, That none of the multi-year funds
    may be obligated until the National Archives and Records Administration
    submits to the Committees on Appropriations, and such Committees
    approve, a plan for expenditure that: (1) meets the capital planning
    and investment control review requirements established by the Office of
    Management and Budget, including Circular A-11; (2) complies with the
    National Archives and Records Administration's enterprise architecture;
    (3) conforms with the National Archives and Records Administration's
    enterprise life cycle methodology; (4) is approved by the National
    Archives and Records Administration and the Office of Management and
    Budget; (5) has been reviewed by the Government Accountability Office;
    and (6) complies with the acquisition rules, requirements, guidelines,
    and systems acquisition management practices of the Federal Government.

                            repairs and restoration

        For the repair, alteration, and improvement of archives facilities,
    and to provide adequate storage for holdings, $27,500,000, to remain
    available until expended.

            national historical publications and records commission

                                 grants program

        For necessary expenses for allocations and grants for historical
    publications and records as authorized by 44 U.S.C. 2504, $13,000,000,
    to remain available until expended.

                      National Credit Union Administration

                           central liquidity facility

        During fiscal year 2010, gross obligations of the Central Liquidity
    Facility for the principal amount of new direct loans to member credit
    unions, as authorized by 12 U.S.C. 1795 et seq., shall be the amount
    authorized by section 307(a)(4)(A) of the Federal Credit Union Act (12
    U.S.C. 1795f(a)(4)(A)): Provided, That administrative expenses of the
    Central Liquidity Facility in fiscal year 2010 shall not exceed
    $1,250,000.

                   community development revolving loan fund

        For the Community Development Revolving Loan Fund program as
    authorized by 42 U.S.C. 9812, 9822 and 9910, $1,250,000 shall be
    available until September 30, 2011 for technical assistance to low-
    income designated credit unions.

                          Office of Government Ethics

                             salaries and expenses

        For necessary expenses to carry out functions of the Office of
    Government Ethics pursuant to the Ethics in Government Act of 1978, and
    the Ethics Reform Act of 1989, including services as authorized by 5
    U.S.C. 3109, rental of conference rooms in the District of Columbia and
    elsewhere, hire of passenger motor vehicles, and not to exceed $1,500
    for official reception and representation expenses, $14,000,000.

                         Office of Personnel Management

                             salaries and expenses

                      (including transfer of trust funds)

        For necessary expenses to carry out functions of the Office of
    Personnel Management pursuant to Reorganization Plan Numbered 2 of 1978
    and the Civil Service Reform Act of 1978, including services as
    authorized by 5 U.S.C. 3109; medical examinations performed for
    veterans by private physicians on a fee basis; rental of conference
    rooms in the District of Columbia and elsewhere; hire of passenger
    motor vehicles; not to exceed $2,500 for official reception and
    representation expenses; advances for reimbursements to applicable
    funds of the Office of Personnel Management and the Federal Bureau of
    Investigation for expenses incurred under Executive Order No. 10422 of
    January 9, 1953, as amended; and payment of per diem and/or subsistence
    allowances to employees where Voting Rights Act activities require an
    employee to remain overnight at his or her post of duty, $102,970,000,
    of which $5,908,000 shall remain available until September 30, 2011 for
    the Enterprise Human Resources Integration project; $1,364,000 shall
    remain available until September 30, 2011 for the Human Resources Line
    of Business project; and in addition $112,738,000 for administrative
    expenses, to be transferred from the appropriate trust funds of the
    Office of Personnel Management without regard to other statutes,
    including direct procurement of printed materials, for the retirement
    and insurance programs, of which not more than $9,300,000 shall remain
    available until September 30, 2011 for the cost of implementing the new
    integrated financial system and not more than $4,000,000 shall remain
    available until September 30, 2011 for automating the retirement
    recordkeeping systems: Provided, That the provisions of this
    appropriation shall not affect the authority to use applicable trust
    funds as provided by sections 8348(a)(1)(B), and 9004(f)(2)(A) of title
    5, United States Code: Provided further, That no part of this
    appropriation shall be available for salaries and expenses of the Legal
    Examining Unit of the Office of Personnel Management established
    pursuant to Executive Order No. 9358 of July 1, 1943, or any successor
    unit of like purpose: Provided further, That the President's Commission
    on White House Fellows, established by Executive Order No. 11183 of
    October 3, 1964, may, during fiscal year 2010, accept donations of
    money, property, and personal services: Provided further, That such
    donations, including those from prior years, may be used for the
    development of publicity materials to provide information about the
    White House Fellows, except that no such donations shall be accepted
    for travel or reimbursement of travel expenses, or for the salaries of
    employees of such Commission: Provided further, That within the funds
    provided, the Office of Personnel Management shall carry out the
    Intergovernmental Personnel Act Mobility Program, with special
    attention to Federal agencies employing more than 2,000 nurses:
    Provided further, That funding may be allocated to develop guidelines
    that provide Federal agencies direction in using their authority under
    the Intergovernmental Personnel Act Mobility Program, according to the
    directives outlined in the joint explanatory statement.

                          office of inspector general

                             salaries and expenses

                      (including transfer of trust funds)

        For necessary expenses of the Office of Inspector General in
    carrying out the provisions of the Inspector General Act of 1978,
    including services as authorized by 5 U.S.C. 3109, hire of passenger
    motor vehicles, $3,148,000, and in addition, not to exceed $21,215,000
    for administrative expenses to audit, investigate, and provide other
    oversight of the Office of Personnel Management's retirement and
    insurance programs, to be transferred from the appropriate trust funds
    of the Office of Personnel Management, as determined by the Inspector
    General: Provided, That the Inspector General is authorized to rent
    conference rooms in the District of Columbia and elsewhere.

          government payment for annuitants, employees health benefits

        For payment of Government contributions with respect to retired
    employees, as authorized by chapter 89 of title 5, United States Code,
    and the Retired Federal Employees Health Benefits Act (74 Stat. 849),
    such sums as may be necessary.

           government payment for annuitants, employee life insurance

        For payment of Government contributions with respect to employees
    retiring after December 31, 1989, as required by chapter 87 of title 5,
    United States Code, such sums as may be necessary.

            payment to civil service retirement and disability fund

        For financing the unfunded liability of new and increased annuity
    benefits becoming effective on or after October 20, 1969, as authorized
    by 5 U.S.C. 8348, and annuities under special Acts to be credited to
    the Civil Service Retirement and Disability Fund, such sums as may be
    necessary: Provided, That annuities authorized by the Act of May 29,
    1944, and the Act of August 19, 1950 (33 U.S.C. 771-775), may hereafter
    be paid out of the Civil Service Retirement and Disability Fund.

                           Office of Special Counsel

                             salaries and expenses

        For necessary expenses to carry out functions of the Office of
    Special Counsel pursuant to Reorganization Plan Numbered 2 of 1978, the
    Civil Service Reform Act of 1978 (Public Law 95-454), the Whistleblower
    Protection Act of 1989 (Public Law 101-12), Public Law 107-304, and the
    Uniformed Services Employment and Reemployment Rights Act of 1994
    (Public Law 103-353), including services as authorized by 5 U.S.C.
    3109, payment of fees and expenses for witnesses, rental of conference
    rooms in the District of Columbia and elsewhere, and hire of passenger
    motor vehicles; $18,495,000.

                          Postal Regulatory Commission

                             salaries and expenses

                         (including transfer of funds)

        For necessary expenses of the Postal Regulatory Commission in
    carrying out the provisions of the Postal Accountability and
    Enhancement Act (Public Law 109-435), $14,333,000, to be derived by
    transfer from the Postal Service Fund and expended as authorized by
    section 603(a) of such Act.

                  Privacy and Civil Liberties Oversight Board

                             salaries and expenses

        For necessary expenses of the Privacy and Civil Liberties Oversight
    Board, as authorized by section 1061 of the Intelligence Reform and
    Terrorism Prevention Act of 2004 (5 U.S.C. 601 note), $1,500,000, to
    remain available until September 30, 2011.

                       Securities and Exchange Commission

                             salaries and expenses

        For necessary expenses for the Securities and Exchange Commission,
    including services as authorized by 5 U.S.C. 3109, the rental of space
    (to include multiple year leases) in the District of Columbia and
    elsewhere, and not to exceed $3,500 for official reception and
    representation expenses, $1,111,000,000, to remain available until
    expended; of which not less than $4,400,000 shall be for the Office of
    Inspector General; of which not to exceed $20,000 may be used toward
    funding a permanent secretariat for the International Organization of
    Securities Commissions; and of which not to exceed $100,000 shall be
    available for expenses for consultations and meetings hosted by the
    Commission with foreign governmental and other regulatory officials,
    members of their delegations, appropriate representatives and staff to
    exchange views concerning developments relating to securities matters,
    development and implementation of cooperation agreements concerning
    securities matters and provision of technical assistance for the
    development of foreign securities markets, such expenses to include
    necessary logistic and administrative expenses and the expenses of
    Commission staff and foreign invitees in attendance at such
    consultations and meetings including: (1) such incidental expenses as
    meals taken in the course of such attendance; (2) any travel and
    transportation to or from such meetings; and (3) any other related
    lodging or subsistence: Provided, That fees and charges authorized by
    sections 6(b) of the Securities Exchange Act of 1933 (15 U.S.C.
    77f(b)), and 13(e), 14(g) and 31 of the Securities Exchange Act of 1934
    (15 U.S.C. 78m(e), 78n(g), and 78ee), shall be credited to this account
    as offsetting collections: Provided further, That not to exceed
    $1,094,915,800 of such offsetting collections shall be available until
    expended for necessary expenses of this account: Provided further, That
    $16,084,200 shall be derived from prior year unobligated balances from
    funds previously appropriated to the Securities and Exchange
    Commission: Provided further, That the total amount appropriated under
    this heading from the general fund for fiscal year 2010 shall be
    reduced as such offsetting fees are received so as to result in a final
    total fiscal year 2010 appropriation from the general fund estimated at
    not more than $0.

                            Selective Service System

                             salaries and expenses

        For necessary expenses of the Selective Service System, including
    expenses of attendance at meetings and of training for uniformed
    personnel assigned to the Selective Service System, as authorized by 5
    U.S.C. 4101-4118 for civilian employees; 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; and
    not to exceed $750 for official reception and representation expenses;
    $24,275,000: Provided, That during the current fiscal year, the
    President may exempt this appropriation from the provisions of 31
    U.S.C. 1341, whenever the President deems such action to be necessary
    in the interest of national defense: Provided further, That none of the
    funds appropriated by this Act may be expended for or in connection
    with the induction of any person into the Armed Forces of the United
    States.

                         Small Business Administration

                             salaries and expenses

        For necessary expenses, not otherwise provided for, of the Small
    Business Administration as authorized by Public Law 108-447, including
    hire of passenger motor vehicles as authorized by 31 U.S.C. 1343 and
    1344, and not to exceed $3,500 for official reception and
    representation expenses, $433,438,000: Provided, That the Administrator
    is authorized to charge fees to cover the cost of publications
    developed by the Small Business Administration, and certain loan
    program activities, including fees authorized by section 5(b) of the
    Small Business Act: Provided further, That, notwithstanding 31 U.S.C.
    3302, revenues received from all such activities shall be credited to
    this account, to remain available until expended, for carrying out
    these purposes without further appropriations: Provided further, That
    $113,000,000 shall be available to fund grants for performance in
    fiscal year 2010 or fiscal year 2011 as authorized by section 21 of the
    Small Business Act, of which $1,000,000 shall be for the Veterans
    Assistance and Services Program authorized by section 21(n) of the
    Small Business Act, as added by section 107 of Public Law 110-186, and
    of which $1,000,000 shall be for the Small Business Energy Efficiency
    Program authorized by section 1203(c) of Public Law 110-140: Provided
    further, That $22,000,000 shall remain available until September 30,
    2011 for marketing, management, and technical assistance under section
    7(m) of the Small Business Act (15 U.S.C. 636(m)(4)) by intermediaries
    that make microloans under the microloan program: Provided further,
    That during fiscal year 2010, the applicable percentage under section
    7(m)(4)(A) of the Small Business Act shall be 50 percent: Provided
    further, That $11,690,500 shall be available for the Loan Modernization
    and Accounting System, to be available until September 30, 2011:
    Provided further, That $2,000,000 shall be for the Federal and State
    Technology Partnership Program under section 34 of the Small Business
    Act (15 U.S.C. 657d).

                          office of inspector general

        For necessary expenses of the Office of Inspector General in
    carrying out the provisions of the Inspector General Act of 1978,
    $16,300,000.

                     surety bond guarantees revolving fund

        For additional capital for the Surety Bond Guarantees Revolving
    Fund, authorized by the Small Business Investment Act of 1958,
    $1,000,000, to remain available until expended.

                         business loans program account

                         (including transfer of funds)

        For the cost of direct loans, $3,000,000, to remain available until
    expended, and for the cost of guaranteed loans as authorized by section
    7(a) of the Small Business Act, $80,000,000, to remain available until
    expended: Provided, That such costs, including the cost of modifying
    such loans, shall be as defined in section 502 of the Congressional
    Budget Act of 1974: Provided further, That subject to section 502 of
    the Congressional Budget Act of 1974, during fiscal year 2010
    commitments to guarantee loans under section 503 of the Small Business
    Investment Act of 1958 shall not exceed $7,500,000,000: Provided
    further, That during fiscal year 2010 commitments for general business
    loans authorized under section 7(a) of the Small Business Act shall not
    exceed $17,500,000,000:  Provided further, That during fiscal year 2010
    commitments to guarantee loans for debentures under section 303(b) of
    the Small Business Investment Act of 1958, shall not exceed
    $3,000,000,000: Provided further, That during fiscal year 2010,
    guarantees of trust certificates authorized by section 5(g) of the
    Small Business Act shall not exceed a principal amount of
    $12,000,000,000. In addition, for administrative expenses to carry out
    the direct and guaranteed loan programs, $153,000,000, which may be
    transferred to and merged with the appropriations for Salaries and
    Expenses.

                         disaster loans program account

                         (including transfers of funds)

        For the cost of guaranteed loans, including the cost of modifying
    such loans as defined in section 502 of the Congressional Budget Act of
    1974, $1,690,000, to remain available until expended, of which $352,357
    is for loan guarantees as authorized by section 42 of the Small
    Business Act, and $1,337,643 is for loan guarantees as authorized by
    section 12085 of Public Law 110-246.
        In addition, for administrative expenses to carry out the direct
    loan program authorized by section 7(b) of the Small Business Act and
    the guaranteed loan programs authorized by section 42 of the Small
    Business Act and section 12085 of Public Law 110-246, $76,588,200, to
    be available until expended, of which $1,000,000 is for the Office of
    Inspector General of the Small Business Administration for audits and
    reviews of disaster loans and the disaster loan programs and shall be
    transferred to and merged with the appropriations for the Office of
    Inspector General; of which $65,278,200 is for direct administrative
    expenses of loan making and servicing to carry out the direct loan
    program, which may be transferred to and merged with the appropriations
    for Salaries and Expenses; of which $9,000,000 is for indirect
    administrative expenses for the direct loan program, which may be
    transferred to and merged with the appropriations for Salaries and
    Expenses, and of which $1,310,000 is for administrative expenses to
    carry out the guaranteed loan programs, which may be transferred to and
    merged with the appropriations for Salaries and Expenses.

            administrative provisions--small business administration

                         (including transfer of funds)

        Sec. 520.  Not to exceed 5 percent of any appropriation made
    available for the current fiscal year for the Small Business
    Administration in this Act may be transferred between such
    appropriations, but no such appropriation shall be increased by more
    than 10 percent by any such transfers: Provided, That any transfer
    pursuant to this paragraph shall be treated as a reprogramming of funds
    under section 608 of this Act and shall not be available for obligation
    or expenditure except in compliance with the procedures set forth in
    that section.
        Sec. 521.  All disaster loans issued in Alaska or North Dakota
    shall be administered by the Small Business Administration and shall
    not be sold during fiscal year 2010.
        Sec. 522.  Funds made available under section 525 of Public Law
    111-8 for the Jackie Joyner-Kersee Center shall be made available to
    the Illinois Institute of Independent Colleges and Universities.
        Sec. 523.  For an additional amount under the heading ``Small
    Business Administration--Salaries and Expenses'', $59,000,000, to
    remain available until September 30, 2011, which shall be for
    initiatives related to small business development and entrepreneurship,
    including programmatic and construction activities, in the amounts and
    for the projects specified in the table that appears under the heading
    ``Administrative Provisions--Small Business Administration'' in the
    statement of managers to accompany this Act.

                          United States Postal Service

                       payment to the postal service fund

        For payment to the Postal Service Fund for revenue forgone on free
    and reduced rate mail, pursuant to subsections (c) and (d) of section
    2401 of title 39, United States Code, $118,328,000, of which
    $89,328,000 shall not be available for obligation until October 1,
    2010: Provided, That mail for overseas voting and mail for the blind
    shall continue to be free: Provided further, That 6-day delivery and
    rural delivery of mail shall continue at not less than the 1983 level:
    Provided further, That none of the funds made available to the Postal
    Service by this Act shall be used to implement any rule, regulation, or
    policy of charging any officer or employee of any State or local child
    support enforcement agency, or any individual participating in a State
    or local program of child support enforcement, a fee for information
    requested or provided concerning an address of a postal customer:
    Provided further, That none of the funds provided in this Act shall be
    used to consolidate or close small rural and other small post offices
    in fiscal year 2010.

                          office of inspector general

                             salaries and expenses

                         (including transfer of funds)

        For necessary expenses of the Office of Inspector General in
    carrying out the provisions of the Inspector General Act of 1978,
    $244,397,000, to be derived by transfer from the Postal Service Fund
    and expended as authorized by section 603(b)(3) of the Postal
    Accountability and Enhancement Act (Public Law 109-435).

                            United States Tax Court

                             salaries and expenses

        For necessary expenses, including contract reporting and other
    services as authorized by 5 U.S.C. 3109, $49,241,000: Provided, That
    travel expenses of the judges shall be paid upon the written
    certificate of the judge.

                                    TITLE VI

                          GENERAL PROVISIONS--THIS ACT

        Sec. 601.  None of the funds in this Act shall be used for the
    planning or execution of any program to pay the expenses of, or
    otherwise compensate, non-Federal parties intervening in regulatory or
    adjudicatory proceedings funded in this Act.
        Sec. 602.  None of the funds appropriated in this Act shall remain
    available for obligation beyond the current fiscal year, nor may any be
    transferred to other appropriations, unless expressly so provided
    herein.
        Sec. 603.  The expenditure of any appropriation under this Act for
    any consulting service through procurement contract pursuant to 5
    U.S.C. 3109, shall be limited to those contracts where such
    expenditures are a matter of public record and available for public
    inspection, except where otherwise provided under existing law, or
    under existing Executive order issued pursuant to existing law.
        Sec. 604.  None of the funds made available in this Act may be
    transferred to any department, agency, or instrumentality of the United
    States Government, except pursuant to a transfer made by, or transfer
    authority provided in, this Act or any other appropriations Act.
        Sec. 605.  None of the funds made available by this Act shall be
    available for any activity or for paying the salary of any Government
    employee where funding an activity or paying a salary to a Government
    employee would result in a decision, determination, rule, regulation,
    or policy that would prohibit the enforcement of section 307 of the
    Tariff Act of 1930 (19 U.S.C. 1307).
        Sec. 606.  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 the Buy American Act (41 U.S.C.
    10a-10c).
        Sec. 607.  No funds appropriated or otherwise made available under
    this Act shall be made available to any person or entity that has been
    convicted of violating the Buy American Act (41 U.S.C. 10a-10c).
        Sec. 608.  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 the Committee
    on Appropriations of either the House of Representatives or the Senate
    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 or reorganizes offices,
    programs, or activities unless prior approval is received from the
    Committees on Appropriations of the House of Representatives and the
    Senate: Provided, That prior to any significant reorganization or
    restructuring of offices, programs, or activities, each agency or
    entity funded in this Act shall consult with the Committees on
    Appropriations of the House of Representatives and the Senate: Provided
    further, 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 House of Representatives and the
    Senate to establish the baseline for application of reprogramming and
    transfer authorities for the current fiscal year: Provided further,
    That the report shall include: (1) a table for each appropriation with
    a separate column to display the President's budget request,
    adjustments made by Congress, adjustments due to enacted rescissions,
    if appropriate, and the fiscal year enacted level; (2) a delineation in
    the table for each appropriation both by object class and program,
    project, and activity as detailed in the budget appendix for the
    respective appropriation; and (3) an identification of items of special
    congressional interest: Provided further, That the amount appropriated
    or limited for salaries and expenses for an agency shall be reduced by
    $100,000 per day for each day after the required date that the report
    has not been submitted to the Congress.
        Sec. 609.  Except as otherwise specifically provided by law, not to
    exceed 50 percent of unobligated balances remaining available at the
    end of fiscal year 2010 from appropriations made available for salaries
    and expenses for fiscal year 2010 in this Act, shall remain available
    through September 30, 2011, for each such account for the purposes
    authorized: Provided, That a request shall be submitted to the
    Committees on Appropriations of the House of Representatives and the
    Senate for approval prior to the expenditure of such funds: Provided
    further, That these requests shall be made in compliance with
    reprogramming guidelines.
        Sec. 610.  None of the funds made available in this Act may be used
    by the Executive Office of the President to request from the Federal
    Bureau of Investigation any official background investigation report on
    any individual, except when--
            (1) such individual has given his or her express written
        consent for such request not more than 6 months prior to the date
        of such request and during the same presidential administration; or
            (2) such request is required due to extraordinary circumstances
        involving national security.
        Sec. 611.  The cost accounting standards promulgated under section
    26 of the Office of Federal Procurement Policy Act (Public Law 93-400;
    41 U.S.C. 422) shall not apply with respect to a contract under the
    Federal Employees Health Benefits Program established under chapter 89
    of title 5, United States Code.
        Sec. 612.  For the purpose of resolving litigation and implementing
    any settlement agreements regarding the nonforeign area cost-of-living
    allowance program, the Office of Personnel Management may accept and
    utilize (without regard to any restriction on unanticipated travel
    expenses imposed in an Appropriations Act) funds made available to the
    Office of Personnel Management pursuant to court approval.
        Sec. 613.  No funds appropriated by this Act shall be available to
    pay for an abortion, or the administrative expenses in connection with
    any health plan under the Federal employees health benefits program
    which provides any benefits or coverage for abortions.
        Sec. 614.  The provision of section 613 shall not apply where the
    life of the mother would be endangered if the fetus were carried to
    term, or the pregnancy is the result of an act of rape or incest.
        Sec. 615.  In order to promote Government access to commercial
    information technology, the restriction on purchasing nondomestic
    articles, materials, and supplies set forth in the Buy American Act (41
    U.S.C. 10a et seq.), shall not apply to the acquisition by the Federal
    Government of information technology (as defined in section 11101 of
    title 40, United States Code), that is a commercial item (as defined in
    section 4(12) of the Office of Federal Procurement Policy Act (41
    U.S.C. 403(12)).
        Sec. 616.  Notwithstanding section 1353 of title 31, United States
    Code, no officer or employee of any regulatory agency or commission
    funded by this Act may accept on behalf of that agency, nor may such
    agency or commission accept, payment or reimbursement from a non-
    Federal entity for travel, subsistence, or related expenses for the
    purpose of enabling an officer or employee to attend and participate in
    any meeting or similar function relating to the official duties of the
    officer or employee when the entity offering payment or reimbursement
    is a person or entity subject to regulation by such agency or
    commission, or represents a person or entity subject to regulation by
    such agency or commission, unless the person or entity is an
    organization described in section 501(c)(3) of the Internal Revenue
    Code of 1986 and exempt from tax under section 501(a) of such Code.
        Sec. 617.  The Public Company Accounting Oversight Board shall have
    authority to obligate funds for the scholarship program established by
    section 109(c)(2) of the Sarbanes-Oxley Act of 2002 (Public Law 107-
    204) in an aggregate amount not exceeding the amount of funds collected
    by the Board as of December 31, 2009, including accrued interest, as a
    result of the assessment of monetary penalties. Funds available for
    obligation in fiscal year 2010 shall remain available until expended.
        Sec. 618.  From the unobligated balances of prior year
    appropriations made available for the Privacy and Civil Liberties
    Oversight Board, $1,500,000 are rescinded.
        Sec. 619.  During fiscal year 2010, for purposes of section
    908(b)(1) of the Trade Sanctions Reform and Export Enhancement Act of
    2000 (22 U.S.C. 7207(b)(1)), the term ``payment of cash in advance''
    shall be interpreted as payment before the transfer of title to, and
    control of, the exported items to the Cuban purchaser.
        Sec. 620. (a) Section 101(a)(1) of the Federal and District of
    Columbia Government Real Property Act of 2006 (Public Law 109-396; 120
    Stat. 2711) is amended to read as follows:
            ``(1) In general.--
                ``(A) U.S. reservation 13.--On the date on which the
            District of Columbia conveys to the Administrator of General
            Services all right, title, and interest of the District of
            Columbia in the property described in subsection (c), the
            Administrator shall convey to the District of Columbia all
            right, title, and interest of the United States in U.S.
            Reservation 13, subject to the conditions described in
            subsection (b).
                ``(B) Old naval hospital.--Not later than 60 days after the
            date of the enactment of the Financial Services and General
            Government Appropriations Act, 2010, the Administrator shall
            convey to the District of Columbia all right, title, and
            interest of the United States in Old Naval Hospital.''.
        (b) The amendment made by subsection (a) shall take effect as if
    included in the enactment of the Federal and District of Columbia
    Government Real Property Act of 2006.
        Sec. 621.  Notwithstanding section 708 of this Act, funds made
    available to the Commodity Futures Trading Commission and the
    Securities and Exchange Commission by this or any other Act may be used
    for the interagency funding and sponsorship of a joint advisory
    committee to advise on emerging regulatory issues.
        Sec. 622.  Specific projects contained in the report of the
    Committee on Appropriations of the House of Representatives
    accompanying this Act (H. Rept. 111-202) that are considered
    congressional earmarks for purposes of clause 9 of rule XXI of the
    Rules of the House of Representatives, when intended to be awarded to a
    for-profit entity, shall be awarded under a full and open competition.

                                   TITLE VII

                      GENERAL PROVISIONS--GOVERNMENT-WIDE

                    Departments, Agencies, and Corporations

        Sec. 701.  No department, agency, or instrumentality of the United
    States receiving appropriated funds under this or any other Act for
    fiscal year 2010 shall obligate or expend any such funds, unless such
    department, agency, or instrumentality has in place, and will continue
    to administer in good faith, a written policy designed to ensure that
    all of its workplaces are free from the illegal use, possession, or
    distribution of controlled substances (as defined in the Controlled
    Substances Act (21 U.S.C. 802)) by the officers and employees of such
    department, agency, or instrumentality.
        Sec. 702.  Unless otherwise specifically provided, the maximum
    amount allowable during the current fiscal year in accordance with
    section 16 of the Act of August 2, 1946 (60 Stat. 810), for the
    purchase of any passenger motor vehicle (exclusive of buses,
    ambulances, law enforcement, and undercover surveillance vehicles), is
    hereby fixed at $13,197 except station wagons for which the maximum
    shall be $13,631: Provided, That these limits may be exceeded by not to
    exceed $3,700 for police-type vehicles, and by not to exceed $4,000 for
    special heavy-duty vehicles: Provided further, That the limits set
    forth in this section may not be exceeded by more than 5 percent for
    electric or hybrid vehicles purchased for demonstration under the
    provisions of the Electric and Hybrid Vehicle Research, Development,
    and Demonstration Act of 1976: Provided further, That the limits set
    forth in this section may be exceeded by the incremental cost of clean
    alternative fuels vehicles acquired pursuant to Public Law 101-549 over
    the cost of comparable conventionally fueled vehicles.
        Sec. 703.  Appropriations of the executive departments and
    independent establishments for the current fiscal year available for
    expenses of travel, or for the expenses of the activity concerned, are
    hereby made available for quarters allowances and cost-of-living
    allowances, in accordance with 5 U.S.C. 5922-5924.
        Sec. 704.  Unless otherwise specified during the current fiscal
    year, no part of any appropriation contained in this or any other Act
    shall be used to pay the compensation of any officer or employee of the
    Government of the United States (including any agency the majority of
    the stock of which is owned by the Government of the United States)
    whose post of duty is in the continental United States unless such
    person: (1) is a citizen of the United States; (2) is a person who is
    lawfully admitted for permanent residence and is seeking citizenship as
    outlined in 8 U.S.C. 1324b(a)(3)(B); (3) is a person who is admitted as
    a refugee under 8 U.S.C. 1157 or is granted asylum under 8 U.S.C. 1158
    and has filed a declaration of intention to become a lawful permanent
    resident and then a citizen when eligible; or (4) is a person who owes
    allegiance to the United States: Provided, That for purposes of this
    section, affidavits signed by any such person shall be considered prima
    facie evidence that the requirements of this section with respect to
    his or her status are being complied with: Provided further, That any
    person making a false affidavit shall be guilty of a felony, and upon
    conviction, shall be fined no more than $4,000 or imprisoned for not
    more than 1 year, or both: Provided further, That the above penal
    clause shall be in addition to, and not in substitution for, any other
    provisions of existing law: Provided further, That any payment made to
    any officer or employee contrary to the provisions of this section
    shall be recoverable in action by the Federal Government: Provided
    further, That this section shall not apply to any person who is an
    officer or employee of the Government of the United States on the date
    of enactment of this Act, or to international broadcasters employed by
    the Broadcasting Board of Governors, or to temporary employment of
    translators, or to temporary employment in the field service (not to
    exceed 60 days) as a result of emergencies: Provided further, That this
    section does not apply to the employment as Wildland firefighters for
    not more than 120 days of nonresident aliens employed by the Department
    of the Interior or the USDA Forest Service pursuant to an agreement
    with another country.
        Sec. 705.  Appropriations available to any department or agency
    during the current fiscal year for necessary expenses, including
    maintenance or operating expenses, shall also be available for payment
    to the General Services Administration for charges for space and
    services and those expenses of renovation and alteration of buildings
    and facilities which constitute public improvements performed in
    accordance with the Public Buildings Act of 1959 (73 Stat. 479), the
    Public Buildings Amendments of 1972 (86 Stat. 216), or other applicable
    law.
        Sec. 706.  In addition to funds provided in this or any other Act,
    all Federal agencies are authorized to receive and use funds resulting
    from the sale of materials, including Federal records disposed of
    pursuant to a records schedule recovered through recycling or waste
    prevention programs. Such funds shall be available until expended for
    the following purposes:
            (1) Acquisition, waste reduction and prevention, and recycling
        programs as described in Executive Order No. 13423 (January 24,
        2007), including any such programs adopted prior to the effective
        date of the Executive order.
            (2) Other Federal agency environmental management programs,
        including, but not limited to, the development and implementation
        of hazardous waste management and pollution prevention programs.
            (3) Other employee programs as authorized by law or as deemed
        appropriate by the head of the Federal agency.
        Sec. 707.  Funds made available by this or any other Act for
    administrative expenses in the current fiscal year of the corporations
    and agencies subject to chapter 91 of title 31, United States Code,
    shall be available, in addition to objects for which such funds are
    otherwise available, for rent in the District of Columbia; services in
    accordance with 5 U.S.C. 3109; and the objects specified under this
    head, all the provisions of which shall be applicable to the
    expenditure of such funds unless otherwise specified in the Act by
    which they are made available: Provided, That in the event any
    functions budgeted as administrative expenses are subsequently
    transferred to or paid from other funds, the limitations on
    administrative expenses shall be correspondingly reduced.
        Sec. 708.  No part of any appropriation contained in this or any
    other Act shall be available for interagency financing of boards
    (except Federal Executive Boards), commissions, councils, committees,
    or similar groups (whether or not they are interagency entities) which
    do not have a prior and specific statutory approval to receive
    financial support from more than one agency or instrumentality.
        Sec. 709.  None of the funds made available pursuant to the
    provisions of this Act shall be used to implement, administer, or
    enforce any regulation which has been disapproved pursuant to a joint
    resolution duly adopted in accordance with the applicable law of the
    United States.
        Sec. 710. (a) Notwithstanding any other provision of law, and
    except as otherwise provided in this section, no part of any of the
    funds appropriated for fiscal year 2010, by this or any other Act, may
    be used to pay any prevailing rate employee described in section
    5342(a)(2)(A) of title 5, United States Code--
            (1) during the period from the date of expiration of the
        limitation imposed by the comparable section for previous fiscal
        years until the normal effective date of the applicable wage survey
        adjustment that is to take effect in fiscal year 2010, in an amount
        that exceeds the rate payable for the applicable grade and step of
        the applicable wage schedule in accordance with such section; and
            (2) during the period consisting of the remainder of fiscal
        year 2010, in an amount that exceeds, as a result of a wage survey
        adjustment, the rate payable under paragraph (1) by more than the
        sum of--
                (A) the percentage adjustment taking effect in fiscal year
            2010 under section 5303 of title 5, United States Code, in the
            rates of pay under the General Schedule; and
                (B) the difference between the overall average percentage
            of the locality-based comparability payments taking effect in
            fiscal year 2010 under section 5304 of such title (whether by
            adjustment or otherwise), and the overall average percentage of
            such payments which was effective in the previous fiscal year
            under such section.
        (b) Notwithstanding any other provision of law, no prevailing rate
    employee described in subparagraph (B) or (C) of section 5342(a)(2) of
    title 5, United States Code, and no employee covered by section 5348 of
    such title, may be paid during the periods for which subsection (a) is
    in effect at a rate that exceeds the rates that would be payable under
    subsection (a) were subsection (a) applicable to such employee.
        (c) For the purposes of this section, the rates payable to an
    employee who is covered by this section and who is paid from a schedule
    not in existence on September 30, 2009, shall be determined under
    regulations prescribed by the Office of Personnel Management.
        (d) Notwithstanding any other provision of law, rates of premium
    pay for employees subject to this section may not be changed from the
    rates in effect on September 30, 2009, except to the extent determined
    by the Office of Personnel Management to be consistent with the purpose
    of this section.
        (e) This section shall apply with respect to pay for service
    performed after September 30, 2009.
        (f) For the purpose of administering any provision of law
    (including any rule or regulation that provides premium pay,
    retirement, life insurance, or any other employee benefit) that
    requires any deduction or contribution, or that imposes any requirement
    or limitation on the basis of a rate of salary or basic pay, the rate
    of salary or basic pay payable after the application of this section
    shall be treated as the rate of salary or basic pay.
        (g) Nothing in this section shall be considered to permit or
    require the payment to any employee covered by this section at a rate
    in excess of the rate that would be payable were this section not in
    effect.
        (h) The Office of Personnel Management may provide for exceptions
    to the limitations imposed by this section if the Office determines
    that such exceptions are necessary to ensure the recruitment or
    retention of qualified employees.
        Sec. 711.  During the period in which the head of any department or
    agency, or any other officer or civilian employee of the Federal
    Government appointed by the President of the United States, holds
    office, no funds may be obligated or expended in excess of $5,000 to
    furnish or redecorate the office of such department head, agency head,
    officer, or employee, or to purchase furniture or make improvements for
    any such office, unless advance notice of such furnishing or
    redecoration is transmitted to the Committees on Appropriations of the
    House of Representatives and the Senate. For the purposes of this
    section, the term ``office'' shall include the entire suite of offices
    assigned to the individual, as well as any other space used primarily
    by the individual or the use of which is directly controlled by the
    individual.
        Sec. 712.  Notwithstanding section 31 U.S.C. 1346, or section 708
    of this Act, funds made available for the current fiscal year by this
    or any other Act shall be available for the interagency funding of
    national security and emergency preparedness telecommunications
    initiatives which benefit multiple Federal departments, agencies, or
    entities, as provided by Executive Order No. 12472 (April 3, 1984).
        Sec. 713. (a) None of the funds appropriated by this or any other
    Act may be obligated or expended by any Federal department, agency, or
    other instrumentality for the salaries or expenses of any employee
    appointed to a position of a confidential or policy-determining
    character excepted from the competitive service pursuant to 5 U.S.C.
    3302, without a certification to the Office of Personnel Management
    from the head of the Federal department, agency, or other
    instrumentality employing the Schedule C appointee that the Schedule C
    position was not created solely or primarily in order to detail the
    employee to the White House.
        (b) The provisions of this section shall not apply to Federal
    employees or members of the armed forces detailed to or from--
            (1) the Central Intelligence Agency;
            (2) the National Security Agency;
            (3) the Defense Intelligence Agency;
            (4) the National Geospatial-Intelligence Agency;
            (5) the offices within the Department of Defense for the
        collection of specialized national foreign intelligence through
        reconnaissance programs;
            (6) the Bureau of Intelligence and Research of the Department
        of State;
            (7) any agency, office, or unit of the Army, Navy, Air Force,
        and Marine Corps, the Department of Homeland Security, the Federal
        Bureau of Investigation and the Drug Enforcement Administration of
        the Department of Justice, the Department of Transportation, the
        Department of the Treasury, and the Department of Energy performing
        intelligence functions; and
            (8) the Director of National Intelligence or the Office of the
        Director of National Intelligence.
        Sec. 714.  No part of any appropriation contained in this or any
    other Act shall be available for the payment of the salary of any
    officer or employee of the Federal Government, who--
            (1) prohibits or prevents, or attempts or threatens to prohibit
        or prevent, any other officer or employee of the Federal Government
        from having any direct oral or written communication or contact
        with any Member, committee, or subcommittee of the Congress in
        connection with any matter pertaining to the employment of such
        other officer or employee or pertaining to the department or agency
        of such other officer or employee in any way, irrespective of
        whether such communication or contact is at the initiative of such
        other officer or employee or in response to the request or inquiry
        of such Member, committee, or subcommittee; or
            (2) removes, suspends from duty without pay, demotes, reduces
        in rank, seniority, status, pay, or performance or efficiency
        rating, denies promotion to, relocates, reassigns, transfers,
        disciplines, or discriminates in regard to any employment right,
        entitlement, or benefit, or any term or condition of employment of,
        any other officer or employee of the Federal Government, or
        attempts or threatens to commit any of the foregoing actions with
        respect to such other officer or employee, by reason of any
        communication or contact of such other officer or employee with any
        Member, committee, or subcommittee of the Congress as described in
        paragraph (1).
        Sec. 715. (a) None of the funds made available in this or any other
    Act may be obligated or expended for any employee training that--
            (1) does not meet identified needs for knowledge, skills, and
        abilities bearing directly upon the performance of official duties;
            (2) contains elements likely to induce high levels of emotional
        response or psychological stress in some participants;
            (3) does not require prior employee notification of the content
        and methods to be used in the training and written end of course
        evaluation;
            (4) contains any methods or content associated with religious
        or quasi-religious belief systems or ``new age'' belief systems as
        defined in Equal Employment Opportunity Commission Notice N-
        915.022, dated September 2, 1988; or
            (5) is offensive to, or designed to change, participants--
        personal values or lifestyle outside the workplace.
        (b) Nothing in this section shall prohibit, restrict, or otherwise
    preclude an agency from conducting training bearing directly upon the
    performance of official duties.
        Sec. 716.  No funds appropriated in this or any other Act may be
    used to implement or enforce the agreements in Standard Forms 312 and
    4414 of the Government or any other nondisclosure policy, form, or
    agreement if such policy, form, or agreement does not contain the
    following provisions: ``These restrictions are consistent with and do
    not supersede, conflict with, or otherwise alter the employee
    obligations, rights, or liabilities created by Executive Order No.
    12958; section 7211 of title 5, United States Code (governing
    disclosures to Congress); section 1034 of title 10, United States Code,
    as amended by the Military Whistleblower Protection Act (governing
    disclosure to Congress by members of the military); section 2302(b)(8)
    of title 5, United States Code, as amended by the Whistleblower
    Protection Act of 1989 (governing disclosures of illegality, waste,
    fraud, abuse or public health or safety threats); the Intelligence
    Identities Protection Act of 1982 (50 U.S.C. 421 et seq.) (governing
    disclosures that could expose confidential Government agents); and the
    statutes which protect against disclosure that may compromise the
    national security, including sections 641, 793, 794, 798, and 952 of
    title 18, United States Code, and section 4(b) of the Subversive
    Activities Act of 1950 (50 U.S.C. 783(b)). The definitions,
    requirements, obligations, rights, sanctions, and liabilities created
    by said Executive order and listed statutes are incorporated into this
    agreement and are controlling.'': Provided, That notwithstanding the
    preceding paragraph, a nondisclosure policy form or agreement that is
    to be executed by a person connected with the conduct of an
    intelligence or intelligence-related activity, other than an employee
    or officer of the United States Government, may contain provisions
    appropriate to the particular activity for which such document is to be
    used. Such form or agreement shall, at a minimum, require that the
    person will not disclose any classified information received in the
    course of such activity unless specifically authorized to do so by the
    United States Government. Such nondisclosure forms shall also make it
    clear that they do not bar disclosures to Congress, or to an authorized
    official of an executive agency or the Department of Justice, that are
    essential to reporting a substantial violation of law.
        Sec. 717.  No part of any funds appropriated in this or any other
    Act shall be used by an agency of the executive branch, other than for
    normal and recognized executive-legislative relationships, for
    publicity or propaganda purposes, and for the preparation, distribution
    or use of any kit, pamphlet, booklet, publication, radio, television,
    or film presentation designed to support or defeat legislation pending
    before the Congress, except in presentation to the Congress itself.
        Sec. 718.  None of the funds appropriated by this or any other Act
    may be used by an agency to provide a Federal employee's home address
    to any labor organization except when the employee has authorized such
    disclosure or when such disclosure has been ordered by a court of
    competent jurisdiction.
        Sec. 719.  None of the funds made available in this Act or any
    other Act may be used to provide any non-public information such as
    mailing or telephone lists to any person or any organization outside of
    the Federal Government without the approval of the Committees on
    Appropriations of the House of Representatives and the Senate.
        Sec. 720.  No part of any appropriation contained in this or any
    other Act shall be used directly or indirectly, including by private
    contractor, for publicity or propaganda purposes within the United
    States not heretofore authorized by the Congress.
        Sec. 721. (a) In this section, the term ``agency''--
            (1) means an Executive agency, as defined under 5 U.S.C. 105;
            (2) includes a military department, as defined under section
        102 of such title, the Postal Service, and the Postal Regulatory
        Commission; and
            (3) shall not include the Government Accountability Office.
        (b) Unless authorized in accordance with law or regulations to use
    such time for other purposes, an employee of an agency shall use
    official time in an honest effort to perform official duties. An
    employee not under a leave system, including a Presidential appointee
    exempted under 5 U.S.C. 6301(2), has an obligation to expend an honest
    effort and a reasonable proportion of such employee's time in the
    performance of official duties.
        Sec. 722.  Notwithstanding 31 U.S.C. 1346 and section 708 of this
    Act, funds made available for the current fiscal year by this or any
    other Act to any department or agency, which is a member of the Federal
    Accounting Standards Advisory Board (FASAB), shall be available to
    finance an appropriate share of FASAB administrative costs.

                              (transfer of funds)

        Sec. 723.  Notwithstanding 31 U.S.C. 1346 and section 708 of this
    Act, the head of each Executive department and agency is hereby
    authorized to transfer to or reimburse ``General Services
    Administration, Government-wide Policy'' with the approval of the
    Director of the Office of Management and Budget, funds made available
    for the current fiscal year by this or any other Act, including rebates
    from charge card and other contracts: Provided, That these funds shall
    be administered by the Administrator of General Services to support
    Government-wide financial, information technology, procurement, and
    other management innovations, initiatives, and activities, as approved
    by the Director of the Office of Management and Budget, in consultation
    with the appropriate interagency groups designated by the Director
    (including the President's Management Council for overall management
    improvement initiatives, the Chief Financial Officers Council for
    financial management initiatives, the Chief Information Officers
    Council for information technology initiatives, the Chief Human Capital
    Officers Council for human capital initiatives, the Chief Acquisition
    Officers Council for procurement initiatives, and the Performance
    Improvement Council for performance improvement initiatives): Provided
    further, That the total funds transferred or reimbursed shall not
    exceed $17,000,000: Provided further, That such transfers or
    reimbursements may only be made after 15 days following notification of
    the Committees on Appropriations by the Director of the Office of
    Management and Budget.
        Sec. 724.  Notwithstanding any other provision of law, a woman may
    breastfeed her child at any location in a Federal building or on
    Federal property, if the woman and her child are otherwise authorized
    to be present at the location.
        Sec. 725.  Notwithstanding 31 U.S.C. 1346, or section 708 of this
    Act, funds made available for the current fiscal year by this or any
    other Act shall be available for the interagency funding of specific
    projects, workshops, studies, and similar efforts to carry out the
    purposes of the National Science and Technology Council (authorized by
    Executive Order No. 12881), which benefit multiple Federal departments,
    agencies, or entities: Provided, That the Office of Management and
    Budget shall provide a report describing the budget of and resources
    connected with the National Science and Technology Council to the
    Committees on Appropriations, the House Committee on Science and
    Technology, and the Senate Committee on Commerce, Science, and
    Transportation 90 days after enactment of this Act.
        Sec. 726.  Any request for proposals, solicitation, grant
    application, form, notification, press release, or other publications
    involving the distribution of Federal funds shall indicate the agency
    providing the funds, the Catalog of Federal Domestic Assistance Number,
    as applicable, and the amount provided: Provided, That this provision
    shall apply to direct payments, formula funds, and grants received by a
    State receiving Federal funds.
        Sec. 727. (a) Prohibition of Federal Agency Monitoring of
    Individuals' Internet Use.--None of the funds made available in this or
    any other Act may be used by any Federal agency--
            (1) to collect, review, or create any aggregation of data,
        derived from any means, that includes any personally identifiable
        information relating to an individual's access to or use of any
        Federal Government Internet site of the agency; or
            (2) to enter into any agreement with a third party (including
        another government agency) to collect, review, or obtain any
        aggregation of data, derived from any means, that includes any
        personally identifiable information relating to an individual's
        access to or use of any nongovernmental Internet site.
        (b) Exceptions.--The limitations established in subsection (a)
    shall not apply to--
            (1) any record of aggregate data that does not identify
        particular persons;
            (2) any voluntary submission of personally identifiable
        information;
            (3) any action taken for law enforcement, regulatory, or
        supervisory purposes, in accordance with applicable law; or
            (4) any action described in subsection (a)(1) that is a system
        security action taken by the operator of an Internet site and is
        necessarily incident to providing the Internet site services or to
        protecting the rights or property of the provider of the Internet
        site.
        (c) Definitions.--For the purposes of this section:
            (1) The term ``regulatory'' means agency actions to implement,
        interpret or enforce authorities provided in law.
            (2) The term ``supervisory'' means examinations of the agency's
        supervised institutions, including assessing safety and soundness,
        overall financial condition, management practices and policies and
        compliance with applicable standards as provided in law.
        Sec. 728. (a) None of the funds appropriated by this Act may be
    used to enter into or renew a contract which includes a provision
    providing prescription drug coverage, except where the contract also
    includes a provision for contraceptive coverage.
        (b) Nothing in this section shall apply to a contract with--
            (1) any of the following religious plans:
                (A) Personal Care's HMO; and
                (B) OSF HealthPlans, Inc.; and
            (2) any existing or future plan, if the carrier for the plan
        objects to such coverage on the basis of religious beliefs.
        (c) In implementing this section, any plan that enters into or
    renews a contract under this section may not subject any individual to
    discrimination on the basis that the individual refuses to prescribe or
    otherwise provide for contraceptives because such activities would be
    contrary to the individual's religious beliefs or moral convictions.
        (d) Nothing in this section shall be construed to require coverage
    of abortion or abortion-related services.
        Sec. 729.  The Congress of the United States recognizes the United
    States Anti-Doping Agency (USADA) as the official anti-doping agency
    for Olympic, Pan American, and Paralympic sport in the United States.
        Sec. 730.  Notwithstanding any other provision of law, funds
    appropriated for official travel by Federal departments and agencies
    may be used by such departments and agencies, if consistent with Office
    of Management and Budget Circular A-126 regarding official travel for
    Government personnel, to participate in the fractional aircraft
    ownership pilot program.
        Sec. 731.  Notwithstanding any other provision of law, none of the
    funds appropriated or made available under this Act or any other
    appropriations Act may be used to implement or enforce restrictions or
    limitations on the Coast Guard Congressional Fellowship Program, or to
    implement the proposed regulations of the Office of Personnel
    Management to add sections 300.311 through 300.316 to part 300 of title
    5 of the Code of Federal Regulations, published in the Federal
    Register, volume 68, number 174, on September 9, 2003 (relating to the
    detail of executive branch employees to the legislative branch).
        Sec. 732.  Notwithstanding any other provision of law, no executive
    branch agency shall purchase, construct, and/or lease any additional
    facilities, except within or contiguous to existing locations, to be
    used for the purpose of conducting Federal law enforcement training
    without the advance approval of the Committees on Appropriations of the
    House of Representatives and the Senate, except that the Federal Law
    Enforcement Training Center is authorized to obtain the temporary use
    of additional facilities by lease, contract, or other agreement for
    training which cannot be accommodated in existing Center facilities.
        Sec. 733. (a) For fiscal year 2010, no funds shall be available for
    transfers or reimbursements to the E-Government initiatives sponsored
    by the Office of Management and Budget prior to 15 days following
    submission of a report to the Committees on Appropriations of the House
    of Representatives and the Senate by the Director of the Office of
    Management and Budget and receipt of approval to transfer funds by the
    Committees on Appropriations of the House of Representatives and the
    Senate.
        (b) The report in subsection (a) and other required justification
    materials shall include at a minimum--
            (1) a description of each initiative including but not limited
        to its objectives, benefits, development status, risks, cost
        effectiveness (including estimated net costs or savings to the
        government), and the estimated date of full operational capability;
            (2) the total development cost of each initiative by fiscal
        year including costs to date, the estimated costs to complete its
        development to full operational capability, and estimated annual
        operations and maintenance costs; and
            (3) the sources and distribution of funding by fiscal year and
        by agency and bureau for each initiative including agency
        contributions to date and estimated future contributions by agency.
        (c) No funds shall be available for obligation or expenditure for
    new E-Government initiatives without the explicit approval of the
    Committees on Appropriations of the House of Representatives and the
    Senate.
        Sec. 734.  Notwithstanding section 1346 of title 31, United States
    Code, and section 708 of this Act and any other provision of law, the
    head of each appropriate executive department and agency shall transfer
    to or reimburse the Federal Aviation Administration, upon the direction
    of the Director of the Office of Management and Budget, funds made
    available by this or any other Act for the purposes described below,
    and shall submit budget requests for such purposes. These funds shall
    be administered by the Federal Aviation Administration, in consultation
    with the appropriate interagency groups designated by the Director and
    shall be used to ensure the uninterrupted, continuous operation of the
    Midway Atoll Airfield by the Federal Aviation Administration pursuant
    to an operational agreement with the Department of the Interior for the
    entirety of fiscal year 2010 and any period thereafter that precedes
    the enactment of the Financial Services and General Government
    Appropriations Act, 2011. The Director of the Office of Management and
    Budget shall mandate the necessary transfers after determining an
    equitable allocation between the appropriate executive departments and
    agencies of the responsibility for funding the continuous operation of
    the Midway Atoll Airfield based on, but not limited to, potential use,
    interest in maintaining aviation safety, and applicability to
    governmental operations and agency mission. The total funds transferred
    or reimbursed shall not exceed $6,000,000 for any 12-month period. Such
    sums shall be sufficient to ensure continued operation of the airfield
    throughout the period cited above. Funds shall be available for
    operation of the airfield or airfield-related capital upgrades. The
    Director of the Office of Management and Budget shall notify the
    Committees on Appropriations of the House of Representatives and the
    Senate of such transfers or reimbursements within 15 days of this Act.
    Such transfers or reimbursements shall begin within 30 days of
    enactment of this Act.
        Sec. 735.  None of the funds appropriated or otherwise made
    available by this or any other Act may be used to begin or announce a
    study or public-private competition regarding the conversion to
    contractor performance of any function performed by Federal employees
    pursuant to Office of Management and Budget Circular A-76 or any other
    administrative regulation, directive, or policy.
        Sec. 736.  Unless otherwise authorized by existing law, none of the
    funds provided in this Act or any other Act may be used by an executive
    branch agency to produce any prepackaged news story intended for
    broadcast or distribution in the United States, unless the story
    includes a clear notification within the text or audio of the
    prepackaged news story that the prepackaged news story was prepared or
    funded by that executive branch agency.
        Sec. 737.  None of the funds made available in this Act may be used
    in contravention of section 552a of title 5, United States Code
    (popularly known as the Privacy Act) and regulations implementing that
    section.
        Sec. 738.  Each executive department and agency shall evaluate the
    creditworthiness of an individual before issuing the individual a
    government travel charge card. Such evaluations for individually billed
    travel charge cards shall include an assessment of the individual's
    consumer report from a consumer reporting agency as those terms are
    defined in section 603 of the Fair Credit Reporting Act (Public Law 91-
    508): Provided, That the department or agency may not issue a
    government travel charge card to an individual that either lacks a
    credit history or is found to have an unsatisfactory credit history as
    a result of this evaluation: Provided further, That this restriction
    shall not preclude issuance of a restricted-use charge, debit, or
    stored value card made in accordance with agency procedures to: (1) an
    individual with an unsatisfactory credit history where such card is
    used to pay travel expenses and the agency determines there is no
    suitable alternative payment mechanism available before issuing the
    card; or (2) an individual who lacks a credit history. Each executive
    department and agency shall establish guidelines and procedures for
    disciplinary actions to be taken against agency personnel for improper,
    fraudulent, or abusive use of government charge cards, which shall
    include appropriate disciplinary actions for use of charge cards for
    purposes, and at establishments, that are inconsistent with the
    official business of the Department or agency or with applicable
    standards of conduct.
        Sec. 739. (a) Definitions.--For purposes of this section the
    following definitions apply:
            (1) Great lakes.--The terms ``Great Lakes'' and ``Great Lakes
        State'' have the same meanings as such terms have in section 506 of
        the Water Resources Development Act of 2000 (42 U.S.C. 1962d-22).
            (2) Great lakes restoration activities.--The term ``Great Lakes
        restoration activities'' means any Federal or State activity
        primarily or entirely within the Great Lakes watershed that seeks
        to improve the overall health of the Great Lakes ecosystem.
        (b) Report.--Not later than 45 days after submission of the budget
    of the President to Congress, the Director of the Office of Management
    and Budget, in coordination with the Governor of each Great Lakes State
    and the Great Lakes Interagency Task Force, shall submit to the
    appropriate authorizing and appropriating committees of the Senate and
    the House of Representatives a financial report, certified by the
    Secretary of each agency that has budget authority for Great Lakes
    restoration activities, containing--
            (1) an interagency budget crosscut report that--
                (A) displays the budget proposed, including any planned
            interagency or intra-agency transfer, for each of the Federal
            agencies that carries out Great Lakes restoration activities in
            the upcoming fiscal year, separately reporting the amount of
            funding to be provided under existing laws pertaining to the
            Great Lakes ecosystem; and
                (B) identifies all expenditures since fiscal year 2004 by
            the Federal Government and State governments for Great Lakes
            restoration activities;
            (2) a detailed accounting of all funds received and obligated
        by all Federal agencies and, to the extent available, State
        agencies using Federal funds, for Great Lakes restoration
        activities during the current and previous fiscal years;
            (3) a budget for the proposed projects (including a description
        of the project, authorization level, and project status) to be
        carried out in the upcoming fiscal year with the Federal portion of
        funds for activities; and
            (4) a listing of all projects to be undertaken in the upcoming
        fiscal year with the Federal portion of funds for activities.
        Sec. 740. (a) In General.--None of the funds appropriated or
    otherwise made available by this or any other Act may be used for any
    Federal Government contract with any foreign incorporated entity which
    is treated as an inverted domestic corporation under section 835(b) of
    the Homeland Security Act of 2002 (6 U.S.C. 395(b)) or any subsidiary
    of such an entity.
        (b) Waivers.--
            (1) In general.--Any Secretary shall waive subsection (a) with
        respect to any Federal Government contract under the authority of
        such Secretary if the Secretary determines that the waiver is
        required in the interest of national security.
            (2) Report to congress.--Any Secretary issuing a waiver under
        paragraph (1) shall report such issuance to Congress.
        (c) Exception.--This section shall not apply to any Federal
    Government contract entered into before the date of the enactment of
    this Act, or to any task order issued pursuant to such contract.
        Sec. 741.  None of the funds made available by this or any other
    Act may be used to implement, administer, enforce, or apply the rule
    entitled ``Competitive Area'' published by the Office of Personnel
    Management in the Federal Register on April 15, 2008 (73 Fed. Reg.
    20180 et seq.).
        Sec. 742. (a) Section 748 of the Financial Services and General
    Government Appropriations Act, 2009 (Public Law 111-8, division D) is
    repealed.
        (b) Hereafter, the President may modify or replace Executive Order
    No. 13423 if the President determines that a revised or new executive
    order will achieve equal or better environmental or energy efficiency
    results.
        Sec. 743. (a) Service Contract Inventory Requirement.--
            (1) Guidance.--Not later than March 1, 2010, the Director of
        the Office of Management and Budget shall develop and disseminate
        guidance to aid executive agencies in establishing systems for the
        collection of information required to meet the requirements of this
        section and to ensure consistency of inventories across agencies.
            (2) Report.--Not later than July 31, 2010, the Director of the
        Office of Management and Budget shall submit a report to Congress
        on the status of efforts to enable executive agencies to prepare
        the inventories required under paragraph (3), including the
        development, as appropriate, of guidance, methodologies, and
        technical tools.
            (3) Inventory contents.--Not later than December 31, 2010, and
        annually thereafter, the head of each executive agency required to
        submit an inventory in accordance with the Federal Activities
        Inventory Reform Act of 1998 (Public Law 105-270; 31 U.S.C. 501
        note), other than the Department of Defense, shall submit to the
        Office of Management and Budget an annual inventory of service
        contracts awarded or extended through the exercise of an option on
        or after April 1, 2010, for or on behalf of such agency. For each
        service contract, the entry for an inventory under this section
        shall include, for the preceding fiscal year, the following:
                (A) A description of the services purchased by the
            executive agency and the role the services played in achieving
            agency objectives, regardless of whether such a purchase was
            made through a contract or task order.
                (B) The organizational component of the executive agency
            administering the contract, and the organizational component of
            the agency whose requirements are being met through contractor
            performance of the service.
                (C) The total dollar amount obligated for services under
            the contract and the funding source for the contract.
                (D) The total dollar amount invoiced for services under the
            contract.
                (E) The contract type and date of award.
                (F) The name of the contractor and place of performance.
                (G) The number and work location of contractor and
            subcontractor employees, expressed as full-time equivalents for
            direct labor, compensated under the contract.
                (H) Whether the contract is a personal services contract.
                (I) Whether the contract was awarded on a noncompetitive
            basis, regardless of date of award.
        (b) Form.--Reports required under this section shall be submitted
    in unclassified form, but may include a classified annex.
        (c) Publication.--Not later than 30 days after the date on which
    the inventory under subsection (a)(3) is required to be submitted to
    the Office of Management and Budget, the head of each executive agency
    shall--
            (1) make the inventory available to the public; and
            (2) publish in the Federal Register a notice that the inventory
        is available to the public.
        (d) Government-wide Inventory Report.--Not later than 90 days after
    the deadline for submitting inventories under subsection (a)(3), and
    annually thereafter, the Director of the Office of Management and
    Budget shall submit to Congress and make publicly available on the
    Office of Management and Budget website a report on the inventories
    submitted. The report shall identify whether each agency required to
    submit an inventory under subsection (a)(3) has met such requirement
    and summarize the information submitted by each executive agency
    required to have a Chief Financial Officer pursuant to section 901 of
    title 31, United States Code.
        (e) Review and Planning Requirements.--Not later than 180 days
    after the deadline for submitting inventories under subsection (a)(3)
    for an executive agency, the head of the executive agency, or an
    official designated by the agency head shall--
            (1) review the contracts and information in the inventory;
            (2) ensure that--
                (A) each contract in the inventory that is a personal
            services contract has been entered into, and is being
            performed, in accordance with applicable laws and regulations;
                (B) the agency is giving special management attention to
            functions that are closely associated with inherently
            governmental functions;
                (C) the agency is not using contractor employees to perform
            inherently governmental functions;
                (D) the agency has specific safeguards and monitoring
            systems in place to ensure that work being performed by
            contractors has not changed or expanded during performance to
            become an inherently governmental function;
                (E) the agency is not using contractor employees to perform
            critical functions in such a way that could affect the ability
            of the agency to maintain control of its mission and
            operations; and
                (F) there are sufficient internal agency resources to
            manage and oversee contracts effectively;
            (3) identify contracts that have been poorly performed, as
        determined by a contracting officer, because of excessive costs or
        inferior quality; and
            (4) identify contracts that should be considered for conversion
        to--
                (A) performance by Federal employees of the executive
            agency in accordance with agency insourcing guidelines required
            under section 736 of the Financial Services and General
            Government Appropriations Act, 2009 (Public Law 111-8, division
            D); or
                (B) an alternative acquisition approach that would better
            enable the agency to efficiently utilize its assets and achieve
            its public mission.
        (f) Report on Actions Taken in Response to Annual Inventory.--Not
    later than one year after submitting an annual inventory under
    subsection (a)(3), the head of each executive agency submitting such an
    inventory shall submit to the Office of Management and Budget a report
    summarizing the actions taken pursuant to subsection (e), including any
    actions taken to consider and convert functions from contractor to
    Federal employee performance. The report shall be included as an
    attachment to the next annual inventory and made publicly available in
    accordance with subsection (c).
        (g) Submission of Service Contract Inventory Before Public-private
    Competition.--Notwithstanding any other provision of law, beginning in
    fiscal year 2011, if an executive agency has not submitted to the
    Office of Management and Budget the inventory required under subsection
    (a)(3) for the prior fiscal year, the agency may not begin, plan for,
    or announce a study or public-private competition regarding the
    conversion to contractor performance of any function performed by
    Federal employees pursuant to Office of Management and Budget Circular
    A-76 or any other administrative regulation or directive until such
    time as the inventory is submitted for the prior fiscal year.
        (h) GAO Reports on Implementation.--
            (1) Report on guidance.--Not later than 120 days after
        submission of the report by the Director of the Office of
        Management and Budget required under subsection (a)(2), the
        Comptroller General of the United States shall report on the
        guidance issued and actions taken by the Director. The report shall
        be submitted to the Committee on Homeland Security and Governmental
        Affairs and the Committee on Appropriations of the Senate and the
        Committee on Oversight and Government Reform and the Committee on
        Appropriations of the House of Representatives.
            (2) Reports on inventories.--
                (A) Initial inventory.--Not later than September 30, 2011,
            the Comptroller General of the United States shall submit a
            report to the Committees named in the preceding paragraph on
            the initial implementation by executive agencies of the
            inventory requirement in subsection (a)(3) with respect to
            inventories required to be submitted by December 31, 2010.
                (B) Second inventory.--Not later than September 30, 2012,
            the Comptroller General shall submit a report to the same
            Committees on annual inventories required to be submitted by
            December 31, 2011.
            (3) Periodic briefings.--The Comptroller General shall provide
        periodic briefings, as may be requested by the Committees, on
        matters related to implementation of this section.
        (i) Executive Agency Defined.--In this section, the term
    ``executive agency'' has the meaning given the term in section 4 of the
    Office of Federal Procurement Policy Act (41 U.S.C. 403).
        Sec. 744. (a) The adjustment in rates of basic pay for employees
    under the statutory pay systems that takes effect in fiscal year 2010
    under section 5303 of title 5, United States Code, shall be an increase
    of 1.5 percent, and the overall average percentage of the adjustments
    taking effect in such fiscal year under sections 5304-5304a of such
    title 5 shall be an increase of 0.5 percent (with comparability
    payments to be determined and allocated among pay localities by the
    President). Adjustments under the preceding sentence shall also apply
    to civilian employees in the Department of Homeland Security and in the
    Department of Defense. All adjustments under this subsection shall be
    effective as of the first day of the first applicable pay period
    beginning on or after January 1, 2010.
        (b) Notwithstanding section 710, the adjustment in rates of basic
    pay for the statutory pay systems that take place in fiscal year 2010
    under sections 5344 and 5348 of title 5, United States Code, shall be
    no less than the percentages in subsection (a) as employees in the same
    location whose rates of basic pay are adjusted pursuant to the
    statutory pay systems under section 5303 and 5304-5304a of title 5,
    United States Code. Prevailing rate employees at locations where there
    are no employees whose pay is increased pursuant to sections 5303 and
    5304-5304a of such title 5 and prevailing rate employees described in
    section 5343(a)(5) of such title 5 shall be considered to be located in
    the pay locality designated as ``Rest of U.S.'' pursuant to section
    5304 of such title 5 for purposes of this subsection.
        (c) Funds used to carry out this section shall be paid from
    appropriations, which are made to each applicable department or agency
    for salaries and expenses for fiscal year 2010.
        Sec. 745. (a) Section 5538 of title 5, United States Code, is
    amended by striking subsection (b) and inserting the following:
        ``(b) Amounts under this section shall be payable with respect to
    each pay period (which would otherwise apply if the employee's civilian
    employment had not been interrupted)--
            ``(1) during which such employee is entitled to re-employment
        rights under chapter 43 of title 38 with respect to the position
        from which such employee is absent (as referred to in subsection
        (a)); and
            ``(2) for which such employee does not otherwise receive basic
        pay (including by taking any annual, military, or other paid leave)
        to which such employee is entitled by virtue of such employee's
        civilian employment with the Government.''.
        (b) The amendments made by this section shall take effect on the
    first day of the first applicable pay period beginning on or after the
    date of the enactment of this Act.
        Sec. 746.  Except as expressly provided otherwise, any reference to
    ``this Act'' contained in any title other than title IV or VIII shall
    not apply to such title IV or VIII.
        Sec. 747. (a) Definitions.--For purposes of this section the
    following definitions apply:
            (1) The term ``covered manufacturer'' means--
                (A) an automobile manufacturer in which the United States
            Government has an ownership interest, or to which the
            Government has provided financial assistance under title I of
            the Emergency Economic Stabilization Act of 2008; or
                (B) an automobile manufacturer which acquired more than
            half of the assets of an automobile manufacturer in which the
            United States Government has an ownership interest, or to which
            the Government has provided financial assistance under title I
            of the Emergency Economic Stabilization Act of 2008.
            (2) The term ``covered dealership'' means an automobile
        dealership that had a franchise agreement for the sale and service
        of vehicles of a brand or brands with a covered manufacturer in
        effect as of October 3, 2008, and such agreement was terminated,
        not assigned in the form existing on October 3, 2008 to another
        covered manufacturer in connection with an acquisition of assets
        related to the manufacture of that vehicle brand or brands, not
        renewed, or not continued during the period beginning on October 3,
        2008, and ending on December 31, 2010.
        (b) A covered dealership that was not lawfully terminated under
    applicable State law on or before April 29, 2009, shall have the right
    to seek, through binding arbitration, continuation, or reinstatement of
    a franchise agreement, or to be added as a franchisee to the dealer
    network of the covered manufacturer in the geographical area where the
    covered dealership was located when its franchise agreement was
    terminated, not assigned, not renewed, or not continued. Such
    continuation, reinstatement, or addition shall be limited to each brand
    owned and manufactured by the covered manufacturer at the time the
    arbitration commences, to the extent that the covered dealership had
    been a dealer for such brand at the time such dealer's franchise
    agreement was terminated, not assigned, not renewed, or not continued.
        (c) Before the end of the 30-day period beginning on the date of
    the enactment of this Act, a covered manufacturer shall provide to each
    covered dealership related to such covered manufacturer a summary of
    the terms and the rights accorded under this section to a covered
    dealership and the specific criteria pursuant to which such dealer was
    terminated, was not renewed, or was not assumed and assigned to a
    covered manufacturer.
        (d) A covered dealership may elect to pursue the right to binding
    arbitration with the appropriate covered manufacturer. Such election
    must occur within 40 days of the date of enactment. The arbitration
    process must commence as soon as practicable thereafter with the
    selection of the arbitrator and conclude with the case being submitted
    to the arbitrator for deliberation within 180 days of the date of
    enactment of this Act. The arbitrator may extend the time periods in
    this subsection for up to 30 days for good cause. The covered
    manufacturer and the covered dealership may present any relevant
    information during the arbitration. The arbitrator shall balance the
    economic interest of the covered dealership, the economic interest of
    the covered manufacturer, and the economic interest of the public at
    large and shall decide, based on that balancing, whether or not the
    covered dealership should be added to the dealer network of the covered
    manufacturer. The factors considered by the arbitrator shall include
    (1) the covered dealership's profitability in 2006, 2007, 2008, and
    2009, (2) the covered manufacturer's overall business plan, (3) the
    covered dealership's current economic viability, (4) the covered
    dealership's satisfaction of the performance objectives established
    pursuant to the applicable franchise agreement, (5) the demographic and
    geographic characteristics of the covered dealership's market
    territory, (6) the covered dealership's performance in relation to the
    criteria used by the covered manufacturer to terminate, not renew, not
    assume or not assign the covered dealership's franchise agreement, and
    (7) the length of experience of the covered dealership. The arbitrator
    shall issue a written determination no later than 7 business days after
    the arbitrator determines that case has been fully submitted. At a
    minimum, the written determination shall include (1) a description of
    the covered dealership, (2) a clear statement indicating whether the
    franchise agreement at issue is to be renewed, continued, assigned or
    assumed by the covered manufacturer, (3) the key facts relied upon by
    the arbitrator in making the determination, and (4) an explanation of
    how the balance of economic interests supports the arbitrator's
    determination.
        (e) The arbitrator shall be selected from the list of qualified
    arbitrators maintained by the Regional Office of the American
    Arbitration Association (AAA), in the Region where the dealership is
    located, by mutual agreement of the covered dealership and covered
    manufacturer. If agreement cannot be reached on a suitable arbitrator,
    the parties shall request AAA to select the arbitrator. There will be
    no depositions in the proceedings, and discovery shall be limited to
    requests for documents specific to the covered dealership. The parties
    shall be responsible for their own expenses, fees, and costs, and shall
    share equally all other costs associated with the arbitration, such as
    arbitrator fees, meeting room charges, and administrative costs. The
    arbitration shall be conducted in the State where the covered
    dealership is located. Parties will have the option of conducting
    arbitration electronically and telephonically, by mutual agreement of
    both parties. The arbitrator shall not award compensatory, punitive, or
    exemplary damages to any party. If the arbitrator finds in favor of a
    covered dealership, the covered manufacturer shall as soon as
    practicable, but not later than 7 business days after receipt of the
    arbitrator's determination, provide the dealer a customary and usual
    letter of intent to enter into a sales and service agreement. After
    executing the sales and service agreement and successfully completing
    the operational prerequisites set forth therein, a covered dealership
    shall return to the covered manufacturer any financial compensation
    provided by the covered manufacturer in consideration of the covered
    manufacturer's initial determination to terminate, not renew, not
    assign or not assume the covered dealership's applicable franchise
    agreement.
        (f) Any legally binding agreement resulting from a voluntary
    negotiation between a covered manufacturer and covered dealership(s)
    shall not be considered inconsistent with this provision and any
    covered dealership that is a party to such agreement shall forfeit the
    right to arbitration established by this provision.
        (g) Notwithstanding the requirements of this provision, nothing
    herein shall prevent a covered manufacturer from lawfully terminating a
    covered dealership in accordance with applicable State law.

                                   TITLE VIII

                    GENERAL PROVISIONS--DISTRICT OF COLUMBIA

                         (including transfer of funds)

        Sec. 801.  Whenever in this Act, an amount is specified within an
    appropriation for particular purposes or objects of expenditure, such
    amount, unless otherwise specified, shall be considered as the maximum
    amount that may be expended for said purpose or object rather than an
    amount set apart exclusively therefor.
        Sec. 802.  Appropriations in this Act shall be available for
    expenses of travel and for the payment of dues of organizations
    concerned with the work of the District of Columbia government, when
    authorized by the Mayor, or, in the case of the Council of the District
    of Columbia, funds may be expended with the authorization of the
    Chairman of the Council.
        Sec. 803.  There are appropriated from the applicable funds of the
    District of Columbia such sums as may be necessary for making refunds
    and for the payment of legal settlements or judgments that have been
    entered against the District of Columbia government.
        Sec. 804. (a) None of the Federal funds provided in this Act shall
    be used for publicity or propaganda purposes or implementation of any
    policy including boycott designed to support or defeat legislation
    pending before Congress or any State legislature.
        (b) The District of Columbia may use local funds provided in this
    title to carry out lobbying activities on any matter.
        Sec. 805. (a) None of the Federal funds provided under this Act to
    the agencies funded by this Act, both Federal and District government
    agencies, that remain available for obligation or expenditure in fiscal
    year 2010, or provided from any accounts in the Treasury of the United
    States derived by the collection of fees available to the agencies
    funded by this Act, shall be available for obligation or expenditures
    for an agency through a reprogramming of funds which--
            (1) creates new programs;
            (2) eliminates a program, project, or responsibility center;
            (3) establishes or changes allocations specifically denied,
        limited or increased under this Act;
            (4) increases funds or personnel by any means for any program,
        project, or responsibility center for which funds have been denied
        or restricted;
            (5) re-establishes any program or project previously deferred
        through reprogramming;
            (6) augments any existing program, project, or responsibility
        center through a reprogramming of funds in excess of $3,000,000 or
        10 percent, whichever is less; or
            (7) increases by 20 percent or more personnel assigned to a
        specific program, project or responsibility center,
    unless the Committees on Appropriations of the House of Representatives
    and the Senate are notified in writing 15 days in advance of the
    reprogramming.
        (b) The District of Columbia government is authorized to approve
    and execute reprogramming and transfer requests of local funds under
    this title through November 1, 2010.
        Sec. 806.  Consistent with the provisions of section 1301(a) of
    title 31, United States Code, appropriations under this Act shall be
    applied only to the objects for which the appropriations were made
    except as otherwise provided by law.
        Sec. 807.  None of the Federal funds provided in this Act may be
    used by the District of Columbia to provide for salaries, expenses, or
    other costs associated with the offices of United States Senator or
    United States Representative under section 4(d) of the District of
    Columbia Statehood Constitutional Convention Initiatives of 1979 (D.C.
    Law 3-171; D.C. Official Code, sec. 1-123).
        Sec. 808.  Except as otherwise provided in this section, none of
    the funds made available by this Act or by any other Act may be used to
    provide any officer or employee of the District of Columbia with an
    official vehicle unless the officer or employee uses the vehicle only
    in the performance of the officer's or employee's official duties. For
    purposes of this section, the term ``official duties'' does not include
    travel between the officer's or employee's residence and workplace,
    except in the case of--
            (1) an officer or employee of the Metropolitan Police
        Department who resides in the District of Columbia or a District of
        Columbia government employee as may otherwise be designated by the
        Chief of the Department;
            (2) at the discretion of the Fire Chief, an officer or employee
        of the District of Columbia Fire and Emergency Medical Services
        Department who resides in the District of Columbia and is on call
        24 hours a day or is otherwise designated by the Fire Chief;
            (3) at the discretion of the Director of the Department of
        Corrections, an officer or employee of the District of Columbia
        Department of Corrections who resides in the District of Columbia
        and is on call 24 hours a day or is otherwise designated by the
        Director;
            (4) the Mayor of the District of Columbia; and
            (5) the Chairman of the Council of the District of Columbia.
        Sec. 809. (a) None of the Federal funds contained in this Act may
    be used by the District of Columbia Attorney General or any other
    officer or entity of the District government to provide assistance for
    any petition drive or civil action which seeks to require Congress to
    provide for voting representation in Congress for the District of
    Columbia.
        (b) Nothing in this section bars the District of Columbia Attorney
    General from reviewing or commenting on briefs in private lawsuits, or
    from consulting with officials of the District government regarding
    such lawsuits.
        Sec. 810.  None of the Federal funds contained in this Act may be
    used to distribute any needle or syringe for the purpose of preventing
    the spread of blood borne pathogens in any location that has been
    determined by the local public health or local law enforcement
    authorities to be inappropriate for such distribution.
        Sec. 811.  Nothing in this Act may be construed to prevent the
    Council or Mayor of the District of Columbia from addressing the issue
    of the provision of contraceptive coverage by health insurance plans,
    but it is the intent of Congress that any legislation enacted on such
    issue should include a ``conscience clause'' which provides exceptions
    for religious beliefs and moral convictions.
        Sec. 812.  The Mayor of the District of Columbia shall submit to
    the Committees on Appropriations of the House of Representatives and
    the Senate, the Committee on Oversight and Government Reform of the
    House of Representatives, and the Committee on Homeland Security and
    Governmental Affairs of the Senate annual reports addressing--
            (1) crime, including the homicide rate, implementation of
        community policing, the number of police officers on local beats,
        and the closing down of open-air drug markets;
            (2) access to substance and alcohol abuse treatment, including
        the number of treatment slots, the number of people served, the
        number of people on waiting lists, and the effectiveness of
        treatment programs, the retention rates in treatment programs, and
        the recidivism/re-arrest rates for treatment participants;
            (3) management of parolees and pre-trial violent offenders,
        including the number of halfway houses escapes and steps taken to
        improve monitoring and supervision of halfway house residents to
        reduce the number of escapes to be provided in consultation with
        the Court Services and Offender Supervision Agency for the District
        of Columbia;
            (4) education, including access to special education services
        and student achievement to be provided in consultation with the
        District of Columbia Public Schools and the District of Columbia
        public charter schools, repeated grade rates, high school
        graduation rates, post-secondary education attendance rates, and
        teen pregnancy rates;
            (5) improvement in basic District services, including rat
        control and abatement;
            (6) application for and management of Federal grants, including
        the number and type of grants for which the District was eligible
        but failed to apply and the number and type of grants awarded to
        the District but for which the District failed to spend the amounts
        received;
            (7) indicators of child and family well-being including child
        living arrangements by family structure, number of children aging
        out of foster care, poverty rates by family structure, crime by
        family structure, marriage rates by income quintile, and out-of-
        wedlock births; and
            (8) employment, including job status and participation in
        assistance programs by income, education and family structure.
        Sec. 813.  None of the Federal funds contained in this Act may be
    used to enact or carry out any law, rule, or regulation to legalize or
    otherwise reduce penalties associated with the possession, use, or
    distribution of any schedule I substance under the Controlled
    Substances Act (21 U.S.C. 801 et seq.) or any tetrahydrocannabinols
    derivative.
        Sec. 814.  None of the Federal funds appropriated under this Act
    shall be expended for any abortion except where the life of the mother
    would be endangered if the fetus were carried to term or where the
    pregnancy is the result of an act of rape or incest.
        Sec. 815. (a) No later than 30 calendar days after the date of the
    enactment of this Act, the Chief Financial Officer for the District of
    Columbia shall submit to the appropriate committees of Congress, the
    Mayor, and the Council of the District of Columbia, a revised
    appropriated funds operating budget in the format of the budget that
    the District of Columbia government submitted pursuant to section 442
    of the District of Columbia Home Rule Act (D.C. Official Code, sec. 1-
    204.42), for all agencies of the District of Columbia government for
    fiscal year 2010 that is in the total amount of the approved
    appropriation and that realigns all budgeted data for personal services
    and other-than-personal services, respectively, with anticipated actual
    expenditures.
        (b) This section shall apply only to an agency for which the Chief
    Financial Officer for the District of Columbia certifies that a
    reallocation is required to address unanticipated changes in program
    requirements.
        Sec. 816.  No later than 30 calendar days after the date of the
    enactment of this Act, the Chief Financial Officer for the District of
    Columbia shall submit to the appropriate committees of Congress, the
    Mayor, and the Council for the District of Columbia, a revised
    appropriated funds operating budget for the District of Columbia Public
    Schools that aligns schools budgets to actual enrollment. The revised
    appropriated funds budget shall be in the format of the budget that the
    District of Columbia government submitted pursuant to section 442 of
    the District of Columbia Home Rule Act (D.C. Official Code, Sec. 1-
    204.42).
        Sec. 817.  Amounts appropriated in this Act as operating funds may
    be transferred to the District of Columbia's enterprise and capital
    funds and such amounts, once transferred, shall retain appropriation
    authority consistent with the provisions of this Act.
        Sec. 818.  Except as expressly provided otherwise, any reference to
    ``this Act'' contained in this title or in title IV shall be treated as
    referring only to the provisions of this title or of title IV.
        This division may be cited as the ``Financial Services and General
    Government Appropriations Act, 2010''.

       DIVISION D--DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES, AND
            EDUCATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2010

                                    TITLE I

                              DEPARTMENT OF LABOR

                     Employment and Training Administration

                        training and employment services

                         (including transfer of funds)

        For necessary expenses of the Workforce Investment Act of 1998
    (``WIA''), the Second Chance Act of 2007, and the Women in
    Apprenticeship and Non-Traditional Occupations Act of 1992, including
    the purchase and hire of passenger motor vehicles, the construction,
    alteration, and repair of buildings and other facilities, and the
    purchase of real property for training centers as authorized by the
    WIA; $3,828,530,000, plus reimbursements, shall be available. Of the
    amounts provided:
            (1) for grants to States for adult employment and training
        activities, youth activities, and dislocated worker employment and
        training activities, $2,969,449,000 as follows:
                (A) $861,540,000 for adult employment and training
            activities, of which $149,540,000 shall be available for the
            period July 1, 2010, through June 30, 2011, and of which
            $712,000,000 shall be available for the period October 1, 2010
            through June 30, 2011;
                (B) $924,069,000 for youth activities, which shall be
            available for the period April 1, 2010 through June 30, 2011;
            and
                (C) $1,183,840,000 for dislocated worker employment and
            training activities, of which $323,840,000 shall be available
            for the period July 1, 2010 through June 30, 2011, and of which
            $860,000,000 shall be available for the period October 1, 2010
            through June 30, 2011:
        Provided, That notwithstanding the transfer limitation under
        section 133(b)(4) of the WIA, up to 30 percent of such funds may be
        transferred by a local board if approved by the Governor: Provided
        further, That a local board may award a contract to an institution
        of higher education or other eligible training provider if the
        local board determines that it would facilitate the training of
        multiple individuals in high-demand occupations, if such contract
        does not limit customer choice;
            (2) for federally administered programs, $470,038,000 as
        follows:
                (A) $229,160,000 for the dislocated workers assistance
            national reserve, of which $29,160,000 shall be available for
            the period July 1, 2010 through June 30, 2011, and of which
            $200,000,000 shall be available for the period October 1, 2010
            through June 30, 2011: Provided, That funds provided to carry
            out section 132(a)(2)(A) of the WIA may be used to provide
            assistance to a State for State-wide or local use in order to
            address cases where there have been worker dislocations across
            multiple sectors or across multiple local areas and such
            workers remain dislocated; coordinate the State workforce
            development plan with emerging economic development needs; and
            train such eligible dislocated workers: Provided further, That
            funds provided to carry out section 171(d) of the WIA may be
            used for demonstration projects that provide assistance to new
            entrants in the workforce and incumbent workers: Provided
            further, That none of the funds shall be obligated to carry out
            section 173(e) of the WIA;
                (B) $52,758,000 for Native American programs, which shall
            be available for the period July 1, 2010 through June 30, 2011;
                (C) $84,620,000 for migrant and seasonal farmworker
            programs under section 167 of the WIA, including $78,410,000
            for formula grants (of which not less than 70 percent shall be
            for employment and training services), $5,700,000 for migrant
            and seasonal housing (of which not less than 70 percent shall
            be for permanent housing), and $510,000 for other discretionary
            purposes, which shall be available for the period July 1, 2010
            through June 30, 2011: Provided, That notwithstanding any other
            provision of law or related regulation, the Department of Labor
            shall take no action limiting the number or proportion of
            eligible participants receiving related assistance services or
            discouraging grantees from providing such services;
                (D) $1,000,000 for carrying out the Women in Apprenticeship
            and Nontraditional Occupations Act, which shall be available
            for the period July 1, 2010 through June 30, 2011; and
                (E) $102,500,000 for YouthBuild activities as described in
            section 173A of the WIA, which shall be available for the
            period April 1, 2010 through June 30, 2011: Provided, That for
            program year 2010 and each program year thereafter, the
            YouthBuild program may serve an individual who has dropped out
            of high school and re-enrolled in an alternative school, if
            that re-enrollment is part of a sequential service strategy;
            (3) for national activities, $389,043,000, as follows:
                (A) $93,450,000 for Pilots, Demonstrations, and Research,
            which shall be available for the period April 1, 2010 through
            June 30, 2011, of which $30,000,000 shall be for Transitional
            Jobs activities, and shall not be subject to the requirements
            of section 171(b)(2)(B) or 171(c)(4)(D) of the WIA, and that up
            to 10 percent of the amount available for Transitional Jobs
            activities may be used for evaluation of such projects or
            transferred to the Department of Health and Human Services and/
            or the Department of Justice for support of Transitional Jobs
            activities; and of which $5,500,000 shall be for competitive
            grants to address the employment and training needs of young
            parents, and shall not be subject to the requirements of
            section 171(b)(2)(B) or 171(c)(4)(D) of the WIA; and of which
            $48,889,000 shall be used for the projects, and in the amounts,
            specified under the heading ``Training and Employment
            Services'' in the statement of the managers on the conference
            report accompanying this Act: Provided, That funding provided
            to carry out such projects shall not be subject to the
            requirements of sections 171(b)(2)(B) and 171(c)(4)(D) of the
            WIA, the joint funding requirements of sections 171(b)(2)(A)
            and 171(c)(4)(A) of the WIA, or any time limit requirements of
            sections 171(b)(2)(C) and 171(c)(4)(B) of the WIA;
                (B) $108,493,000 for ex-offender activities, under the
            authority of section 171 of the WIA and section 212 of the
            Second Chance Act of 2007, which shall be available for the
            period April 1, 2010 through June 30, 2011, notwithstanding the
            requirements of section 171(b)(2)(B) or 171(c)(4)(D) of the
            WIA, of which $15,000,000 shall be for competitive grants to
            provide Transitional Job activities for ex-offenders;
                (C) $9,600,000 for Evaluation, which shall be available for
            the period July 1, 2010 through June 30, 2011;
                (D) $40,000,000 for activities that prepare workers for
            careers in energy efficiency and renewable energy as described
            in section 171(e)(1)(B) of the WIA, under the authority of
            section 171 of the WIA, which shall be available for the period
            July 1, 2010 through June 30, 2011, and which shall not be
            subject to the requirements of section 171(b)(2)(B) or
            171(c)(4)(D);
                (E) $125,000,000 for Career Pathways Innovation Fund, under
            the authority of section 171 of the WIA, which shall be
            available for the period July 1, 2010 through June 30, 2011, of
            which not less than $65,000,000 shall be dedicated to
            activities that prepare workers for careers in the health care
            sector, and which shall not be subject to the requirements of
            section 171(b)(2)(B) or 171(c)(4)(D); and
                (F) $12,500,000 for the Workforce Data Quality Initiative,
            under the authority of section 171(c)(2) of the WIA, which
            shall be available for the period July 1, 2010 through June 30,
            2011, and which shall not be subject to the requirements of
            section 171(c)(4)(D).

                community service employment for older americans

        To carry out title V of the Older Americans Act of 1965 (``OAA''),
    $825,425,000, of which $600,425,000 shall be available for the period
    July 1, 2010 through June 30, 2011 and of which $225,000,000 shall be
    available on the date of the enactment of this Act and remain available
    through December 31, 2011: Provided, That notwithstanding sections 506
    and 514 of the OAA, $225,000,000 shall be allotted within 45 days of
    the date of the enactment of this Act to current grantees that the
    Secretary of Labor determines can effectively utilize additional
    funding: Provided further, That within 15 days of the enactment of this
    Act, the Secretary shall provide to the Committees on Appropriations of
    the House of Representatives and the Senate a report on the procedure
    for allotting such funds: Provided further, That funds made available
    under this heading may, in accordance with section 517(c) of the OAA,
    be recaptured and reobligated.

                  federal unemployment benefits and allowances

        For payments during fiscal year 2010 of trade adjustment benefit
    payments and allowances under part I of subchapter B of chapter 2 of
    title II of the Trade Act of 1974, and section 246 of that Act; and for
    training, employment and case management services, allowances for job
    search and relocation, and related State administrative expenses under
    part II of subchapter B of chapter 2 of title II of the Trade Act of
    1974, including benefit payments, allowances, training, and related
    State administration provided pursuant to paragraphs (1) and (2) of
    section 1891(b) of the Trade and Globalization Adjustment Assistance
    Act of 2009, $1,818,400,000, together with such amounts as may be
    necessary to be charged to the subsequent appropriation for payments
    for any period subsequent to September 15, 2010.

         state unemployment insurance and employment service operations

        For authorized administrative expenses, $86,403,000, together with
    not to exceed $3,977,278,000 which may be expended from the Employment
    Security Administration Account in the Unemployment Trust Fund (``the
    Trust Fund''), of which:
            (1) $3,195,645,000 from the Trust Fund is for grants to States
        for the administration of State unemployment insurance laws as
        authorized under title III of the Social Security Act (including
        $10,000,000 to conduct in-person reemployment and eligibility
        assessments and unemployment insurance improper payment reviews),
        the administration of unemployment insurance for Federal employees
        and for ex-service members as authorized under 5 U.S.C. 8501-8523,
        and the administration of trade readjustment allowances,
        reemployment trade adjustment assistance, and alternative trade
        adjustment assistance under the Trade Act of 1974 and under section
        1891(b) of the Trade and Globalization Adjustment Assistance Act of
        2009, and shall be available for obligation by the States through
        December 31, 2010, except that funds used for automation
        acquisitions shall be available for obligation by the States
        through September 30, 2012, and funds used for unemployment
        insurance workloads experienced by the States through September 30,
        2010, shall be available for Federal obligation through December
        31, 2010;
            (2) $11,310,000 from the Trust Fund is for national activities
        necessary to support the administration of the Federal-State
        unemployment insurance system;
            (3) $680,893,000 from the Trust Fund, together with $22,683,000
        from the General Fund of the Treasury, is for grants to States in
        accordance with section 6 of the Wagner-Peyser Act, and shall be
        available for Federal obligation for the period July 1, 2010
        through June 30, 2011;
            (4) $20,994,000 from the Trust Fund is for national activities
        of the Employment Service, including administration of the work
        opportunity tax credit under section 51 of the Internal Revenue
        Code of 1986, and the provision of technical assistance and staff
        training under the Wagner-Peyser Act, including not to exceed
        $1,228,000 that may be used for amortization payments to States
        which had independent retirement plans in their State employment
        service agencies prior to 1980;
            (5) $68,436,000 from the Trust Fund is for the administration
        of foreign labor certifications and related activities under the
        Immigration and Nationality Act and related laws, of which
        $53,307,000 shall be available for the Federal administration of
        such activities, and $15,129,000 shall be available for grants to
        States for the administration of such activities; and
            (6) $63,720,000 from the General Fund is to provide workforce
        information, national electronic tools, and one-stop system
        building under the Wagner-Peyser Act and section 171 (e)(2)(C) of
        the Workforce Investment Act of 1998 and shall be available for
        Federal obligation for the period July 1, 2010 through June 30,
        2011:
    Provided, That to the extent that the Average Weekly Insured
    Unemployment (``AWIU'') for fiscal year 2010 is projected by the
    Department of Labor to exceed 5,059,000, an additional $28,600,000 from
    the Trust Fund shall be available for obligation for every 100,000
    increase in the AWIU level (including a pro rata amount for any
    increment less than 100,000) to carry out title III of the Social
    Security Act: Provided further, That funds appropriated in this Act
    that are allotted to a State to carry out activities under title III of
    the Social Security Act may be used by such State to assist other
    States in carrying out activities under such title III if the other
    States include areas that have suffered a major disaster declared by
    the President under the Robert T. Stafford Disaster Relief and
    Emergency Assistance Act: Provided further, That the Secretary of Labor
    may use funds appropriated for grants to States under title III of the
    Social Security Act to make payments on behalf of States for the use of
    the National Directory of New Hires under section 453(j)(8) of such
    Act: Provided further, That funds appropriated in this Act which are
    used to establish a national one-stop career center system, or which
    are used to support the national activities of the Federal-State
    unemployment insurance or immigration programs, may be obligated in
    contracts, grants, or agreements with non-State entities: Provided
    further, That funds appropriated under this Act for activities
    authorized under title III of the Social Security Act and the Wagner-
    Peyser Act may be used by States to fund integrated Unemployment
    Insurance and Employment Service automation efforts, notwithstanding
    cost allocation principles prescribed under the Office of Management
    and Budget Circular A-87: Provided further, That the Secretary, at the
    request of a State participating in a consortium with other States, may
    reallot funds allotted to such State under title III of the Social
    Security Act to other States participating in the consortium in order
    to carry out activities that benefit the administration of the
    unemployment compensation law of the State making the request.
        In addition, $50,000,000 from the Employment Security
    Administration Account of the Unemployment Trust Fund shall be
    available to conduct in-person reemployment and eligibility assessments
    and unemployment insurance improper payment reviews.

            advances to the unemployment trust fund and other funds

        For repayable advances to the Unemployment Trust Fund as authorized
    by sections 905(d) and 1203 of the Social Security Act, and to the
    Black Lung Disability Trust Fund as authorized by section 9501(c)(1) of
    the Internal Revenue Code of 1986; and for nonrepayable advances to the
    Unemployment Trust Fund as authorized by 5 U.S.C. 8509, and to the
    ``Federal Unemployment Benefits and Allowances'' account, such sums as
    may be necessary, which shall be available for obligation through
    September 30, 2011.

                             program administration

        For expenses of administering employment and training programs,
    $97,516,000, together with not to exceed $50,140,000, which may be
    expended from the Employment Security Administration Account in the
    Unemployment Trust Fund.

                   Employee Benefits Security Administration

                             salaries and expenses

        For necessary expenses for the Employee Benefits Security
    Administration, $154,861,000.

                      Pension Benefit Guaranty Corporation

                   pension benefit guaranty corporation fund

        The Pension Benefit Guaranty Corporation (``Corporation'') is
    authorized to make such expenditures, including financial assistance
    authorized by subtitle E of title IV of the Employee Retirement Income
    Security Act of 1974, within 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 31 U.S.C. 9104, as may be necessary in carrying out the
    program, including associated administrative expenses, through
    September 30, 2010, for the Corporation: Provided, That none of the
    funds available to the Corporation for fiscal year 2010 shall be
    available for obligations for administrative expenses in excess of
    $464,067,000: Provided further, That to the extent that the number of
    new plan participants in plans terminated by the Corporation exceeds
    100,000 in fiscal year 2010, an amount not to exceed an additional
    $9,200,000 shall be available through September 30, 2011 for obligation
    for administrative expenses for every 20,000 additional terminated
    participants: Provided further, That an additional $50,000 shall be
    made available through September 30, 2011, for obligation for
    investment management fees for every $25,000,000 in assets received by
    the Corporation as a result of new plan terminations or asset growth,
    after approval by the Office of Management and Budget and notification
    of the Committees on Appropriations of the House of Representatives and
    the Senate: Provided further, That obligations in excess of the amounts
    provided in this paragraph may be incurred for unforeseen and
    extraordinary pretermination expenses after approval by the Office of
    Management and Budget and notification of the Committees on
    Appropriations of the House of Representatives and the Senate.

                      Employment Standards Administration

                             salaries and expenses

                  (including rescission and transfer of funds)

        For necessary expenses for the Employment Standards Administration,
    including reimbursement to State, Federal, and local agencies and their
    employees for inspection services rendered, $491,382,000, together with
    $2,124,000 which may be expended from the Special Fund in accordance
    with sections 39(c), 44(d), and 44(j) of the Longshore and Harbor
    Workers' Compensation Act: Provided, That the Secretary of Labor is
    authorized to establish and, in accordance with 31 U.S.C. 3302, collect
    and deposit in the Treasury fees for processing applications and
    issuing certificates under sections 11(d) and 14 of the Fair Labor
    Standards Act of 1938 and for processing applications and issuing
    registrations under title I of the Migrant and Seasonal Agricultural
    Worker Protection Act: Provided further, That funds identified in the
    table contained in the statement of the managers on the conference
    report accompanying this Act for Program Direction and Support may be
    allocated among the agencies included in this account and may be
    transferred to any other account within the Department of Labor for
    such purposes.
        Of the unobligated funds collected pursuant to section 286(v) of
    the Immigration and Nationality Act, $50,000,000 are rescinded as of
    September 30, 2010.

                                special benefits

                         (including transfer of funds)

        For the payment of compensation, benefits, and expenses (except
    administrative expenses) accruing during the current or any prior
    fiscal year authorized by 5 U.S.C. 81; continuation of benefits as
    provided for under the heading ``Civilian War Benefits'' in the Federal
    Security Agency Appropriation Act, 1947; the Employees' Compensation
    Commission Appropriation Act, 1944; sections 4(c) and 5(f) of the War
    Claims Act of 1948; and 50 percent of the additional compensation and
    benefits required by section 10(h) of the Longshore and Harbor Workers'
    Compensation Act, $187,000,000, together with such amounts as may be
    necessary to be charged to the subsequent year appropriation for the
    payment of compensation and other benefits for any period subsequent to
    August 15 of the current year: Provided, That amounts appropriated may
    be used under 5 U.S.C. 8104, by the Secretary of Labor to reimburse an
    employer, who is not the employer at the time of injury, for portions
    of the salary of a re-employed, disabled beneficiary: Provided further,
    That balances of reimbursements unobligated on September 30, 2009,
    shall remain available until expended for the payment of compensation,
    benefits, and expenses: Provided further, That in addition there shall
    be transferred to this appropriation from the Postal Service and from
    any other corporation or instrumentality required under 5 U.S.C.
    8147(c) to pay an amount for its fair share of the cost of
    administration, such sums as the Secretary determines to be the cost of
    administration for employees of such fair share entities through
    September 30, 2010: Provided further, That of those funds transferred
    to this account from the fair share entities to pay the cost of
    administration of the Federal Employees' Compensation Act, $58,120,000
    shall be made available to the Secretary as follows:
            (1) For enhancement and maintenance of automated data
        processing systems and telecommunications systems, $19,968,000;
            (2) For automated workload processing operations, including
        document imaging, centralized mail intake, and medical bill
        processing, $23,323,000;
            (3) For periodic roll management and medical review,
        $14,829,000; and
            (4) The remaining funds shall be paid into the Treasury as
        miscellaneous receipts:
    Provided further, That the Secretary may require that any person filing
    a notice of injury or a claim for benefits under 5 U.S.C. 81, or the
    Longshore and Harbor Workers' Compensation Act, provide as part of such
    notice and claim, such identifying information (including Social
    Security account number) as such regulations may prescribe.

                   special benefits for disabled coal miners

        For carrying out title IV of the Federal Mine Safety and Health Act
    of 1977, as amended by Public Law 107-275, $169,180,000, to remain
    available until expended.
        For making after July 31 of the current fiscal year, benefit
    payments to individuals under title IV of such Act, for costs incurred
    in the current fiscal year, such amounts as may be necessary.
        For making benefit payments under title IV for the first quarter of
    fiscal year 2011, $45,000,000, to remain available until expended.

        administrative expenses, energy employees occupational illness
                               compensation fund

        For necessary expenses to administer the Energy Employees
    Occupational Illness Compensation Program Act, $51,900,000, to remain
    available until expended: Provided, That the Secretary of Labor may
    require that any person filing a claim for benefits under the Act
    provide as part of such claim, such identifying information (including
    Social Security account number) as may be prescribed.

                        black lung disability trust fund

                         (including transfer of funds)

        In fiscal year 2010, such sums as may be necessary from the Black
    Lung Disability Trust Fund (``Fund''), to remain available until
    expended, for payment of all benefits authorized by section 9501(d)(1),
    (2), (4), and (7) of the Internal Revenue Code of 1986; and interest on
    advances, as authorized by section 9501(c)(2) of that Act. In addition,
    the following amounts may be expended from the Fund for fiscal year
    2010 for expenses of operation and administration of the Black Lung
    Benefits program, as authorized by section 9501(d)(5): not to exceed
    $32,720,000 for transfer to the Employment Standards Administration
    ``Salaries and Expenses''; not to exceed $25,091,000 for transfer to
    Departmental Management, ``Salaries and Expenses''; not to exceed
    $327,000 for transfer to Departmental Management, ``Office of Inspector
    General''; and not to exceed $356,000 for payments into miscellaneous
    receipts for the expenses of the Department of the Treasury.

                 Occupational Safety and Health Administration

                             salaries and expenses

        For necessary expenses for the Occupational Safety and Health
    Administration, $558,620,000, including not to exceed $104,393,000
    which shall be the maximum amount available for grants to States under
    section 23(g) of the Occupational Safety and Health Act (``Act''),
    which grants shall be no less than 50 percent of the costs of State
    occupational safety and health programs required to be incurred under
    plans approved by the Secretary of Labor under section 18 of the Act;
    and, in addition, notwithstanding 31 U.S.C. 3302, the Occupational
    Safety and Health Administration may retain up to $200,000 per fiscal
    year of training institute course tuition fees, otherwise authorized by
    law to be collected, and may utilize such sums for occupational safety
    and health training and education: Provided, That notwithstanding 31
    U.S.C. 3302, the Secretary is authorized, during the fiscal year ending
    September 30, 2010, to collect and retain fees for services provided to
    Nationally Recognized Testing Laboratories, and may utilize such sums,
    in accordance with the provisions of 29 U.S.C. 9a, to administer
    national and international laboratory recognition programs that ensure
    the safety of equipment and products used by workers in the workplace:
    Provided further, That none of the funds appropriated under this
    paragraph shall be obligated or expended to prescribe, issue,
    administer, or enforce any standard, rule, regulation, or order under
    the Act which is applicable to any person who is engaged in a farming
    operation which does not maintain a temporary labor camp and employs 10
    or fewer employees: Provided further, That no funds appropriated under
    this paragraph shall be obligated or expended to administer or enforce
    any standard, rule, regulation, or order under the Act with respect to
    any employer of 10 or fewer employees who is included within a category
    having a Days Away, Restricted, or Transferred (DART) occupational
    injury and illness rate, at the most precise industrial classification
    code for which such data are published, less than the national average
    rate as such rates are most recently published by the Secretary, acting
    through the Bureau of Labor Statistics, in accordance with section 24
    of the Act, except--
            (1) to provide, as authorized by the Act, consultation,
        technical assistance, educational and training services, and to
        conduct surveys and studies;
            (2) to conduct an inspection or investigation in response to an
        employee complaint, to issue a citation for violations found during
        such inspection, and to assess a penalty for violations which are
        not corrected within a reasonable abatement period and for any
        willful violations found;
            (3) to take any action authorized by the Act with respect to
        imminent dangers;
            (4) to take any action authorized by the Act with respect to
        health hazards;
            (5) to take any action authorized by the Act with respect to a
        report of an employment accident which is fatal to one or more
        employees or which results in hospitalization of two or more
        employees, and to take any action pursuant to such investigation
        authorized by the Act; and
            (6) to take any action authorized by the Act with respect to
        complaints of discrimination against employees for exercising
        rights under the Act:
    Provided further, That the foregoing proviso shall not apply to any
    person who is engaged in a farming operation which does not maintain a
    temporary labor camp and employs 10 or fewer employees: Provided
    further, That $10,750,000 shall be available for Susan Harwood training
    grants.

                     Mine Safety and Health Administration

                             salaries and expenses

        For necessary expenses for the Mine Safety and Health
    Administration, $357,293,000, including purchase and bestowal of
    certificates and trophies in connection with mine rescue and first-aid
    work, and the hire of passenger motor vehicles, including up to
    $2,000,000 for mine rescue and recovery activities, and $1,450,000 to
    continue the project with the United Mine Workers of America, for
    classroom and simulated rescue training for mine rescue teams; in
    addition, not to exceed $750,000 may be collected by the National Mine
    Health and Safety Academy for room, board, tuition, and the sale of
    training materials, otherwise authorized by law to be collected, to be
    available for mine safety and health education and training activities,
    notwithstanding 31 U.S.C. 3302; and, in addition, the Mine Safety and
    Health Administration may retain up to $1,000,000 from fees collected
    for the approval and certification of equipment, materials, and
    explosives for use in mines, and may utilize such sums for such
    activities; the Secretary of Labor is authorized to accept lands,
    buildings, equipment, and other contributions from public and private
    sources and to prosecute projects in cooperation with other agencies,
    Federal, State, or private; the Mine Safety and Health Administration
    is authorized to promote health and safety education and training in
    the mining community through cooperative programs with States,
    industry, and safety associations; the Secretary is authorized to
    recognize the Joseph A. Holmes Safety Association as a principal safety
    association and, notwithstanding any other provision of law, may
    provide funds and, with or without reimbursement, personnel, including
    service of Mine Safety and Health Administration officials as officers
    in local chapters or in the national organization; and any funds
    available to the Department of Labor may be used, with the approval of
    the Secretary, to provide for the costs of mine rescue and survival
    operations in the event of a major disaster.

                           Bureau of Labor Statistics

                             salaries and expenses

        For necessary expenses for the Bureau of Labor Statistics,
    including advances or reimbursements to State, Federal, and local
    agencies and their employees for services rendered, $533,183,000,
    together with not to exceed $78,264,000, which may be expended from the
    Employment Security Administration Account in the Unemployment Trust
    Fund, of which $1,500,000 may be used to fund the mass layoff
    statistics program under section 15 of the Wagner-Peyser Act: Provided,
    That the Current Employment Survey shall maintain the content of the
    survey issued prior to June 2005 with respect to the collection of data
    for the women worker series.

                     Office of Disability Employment Policy

                             salaries and expenses

        For necessary expenses for the Office of Disability Employment
    Policy to provide leadership, develop policy and initiatives, and award
    grants furthering the objective of eliminating barriers to the training
    and employment of people with disabilities, $39,031,000.

                            Departmental Management

                             salaries and expenses

                         (including transfer of funds)

        For necessary expenses for Departmental Management, including the
    hire of three sedans, $354,827,000, together with not to exceed
    $327,000, which may be expended from the Employment Security
    Administration Account in the Unemployment Trust Fund: Provided, That
    $66,500,000 for the Bureau of International Labor Affairs shall be
    available for obligation through December 31, 2010: Provided further,
    That funds available to the Bureau of International Labor Affairs may
    be used to administer or operate international labor activities,
    bilateral and multilateral technical assistance, and microfinance
    programs, by or through contracts, grants, subgrants and other
    arrangements: Provided further, That $40,000,000 shall be for the
    United States' contribution to the International Labour Organization's
    International Program on the Elimination of Child Labor: Provided
    further, That not less than $6,500,000 shall be used to implement model
    programs that address worker rights issues through technical assistance
    in countries with which the United States has trade preference
    programs: Provided further, That funds available for the acquisition of
    Departmental information technology, architecture, infrastructure,
    equipment, software and related needs, may be allocated to agencies of
    the Department by the Department's Chief Information Officer: Provided
    further, That funds available for program evaluation may be transferred
    to any other appropriate account in the Department for such purpose.

                              office of job corps

        To carry out subtitle C of title I of the Workforce Investment Act
    of 1998, including Federal administrative expenses, the purchase and
    hire of passenger motor vehicles, the construction, alteration and
    repairs of buildings and other facilities, and the purchase of real
    property for training centers as authorized by the Workforce Investment
    Act; $1,708,205,000, plus reimbursements, as follows:
            (1) $1,574,015,000 for Job Corps Operations, of which
        $983,015,000 shall be available for obligation for the period July
        1, 2010 through June 30, 2011 and of which $591,000,000 shall be
        available for obligation for the period October 1, 2010 through
        June 30, 2011;
            (2) $105,000,000 for construction, rehabilitation and
        acquisition of Job Corps Centers, of which $5,000,000 shall be
        available for the period July 1, 2010 through June 30, 2013 and
        $100,000,000 shall be available for the period October 1, 2010
        through June 30, 2013; and
            (3) $29,190,000 for necessary expenses of the Office of Job
        Corps shall be available for obligation for the period October 1,
        2009 through September 30, 2010:
    Provided, That the Office of Job Corps shall have contracting
    authority: Provided further, That no funds from any other appropriation
    shall be used to provide meal services at or for Job Corps centers.

                        veterans employment and training

        Not to exceed $210,156,000 may be derived from the Employment
    Security Administration Account in the Unemployment Trust Fund to carry
    out the provisions of 38 U.S.C. 4100-4113, 4211-4215, and 4321-4327,
    and Public Law 103-353, and which shall be available for obligation by
    the States through December 31, 2010, of which $2,449,000 is for the
    National Veterans' Employment and Training Services Institute.
        In addition, to carry out Department of Labor programs under
    section 5(a)(1) of the Homeless Veterans Comprehensive Assistance Act
    of 2001 and the Veterans Workforce Investment Programs under section
    168 of the Workforce Investment Act, $45,971,000, of which $9,641,000
    shall be available for obligation for the period July 1, 2010 through
    June 30, 2011.

                          office of inspector general

        For salaries and expenses of the Office of Inspector General in
    carrying out the provisions of the Inspector General Act of 1978,
    $78,093,000, together with not to exceed $5,921,000, which may be
    expended from the Employment Security Administration Account in the
    Unemployment Trust Fund.

                               General Provisions

        Sec. 101.  None of the funds appropriated in this Act for the Job
    Corps shall be used to pay the salary of an individual, either as
    direct costs or any proration as an indirect cost, at a rate in excess
    of Executive Level I.

                              (transfer of funds)

        Sec. 102.  Not to exceed 1 percent of any discretionary funds
    (pursuant to the Balanced Budget and Emergency Deficit Control Act of
    1985) which are appropriated for the current fiscal year for the
    Department of Labor in this Act may be transferred between a program,
    project, or activity, but no such program, project, or activity shall
    be increased by more than 3 percent by any such transfer: Provided,
    That the transfer authority granted by this section shall be available
    only to meet emergency needs and shall not be used to create any new
    program or to fund any project or activity for which no funds are
    provided in this Act: Provided further, That the Committees on
    Appropriations of the House of Representatives and the Senate are
    notified at least 15 days in advance of any transfer.
        Sec. 103.  In accordance with Executive Order No. 13126, none of
    the funds appropriated or otherwise made available pursuant to this Act
    shall be obligated or expended for the procurement of goods mined,
    produced, manufactured, or harvested or services rendered, whole or in
    part, by forced or indentured child labor in industries and host
    countries already identified by the United States Department of Labor
    prior to enactment of this Act.
        Sec. 104.  None of the funds appropriated in this title for grants
    under section 171 of the Workforce Investment Act of 1998 may be
    obligated prior to the preparation and submission of a report by the
    Secretary of Labor to the Committees on Appropriations of the House of
    Representatives and the Senate detailing the planned uses of such
    funds.
        Sec. 105.  None of the funds made available to the Department of
    Labor for grants under section 414(c) of the American Competitiveness
    and Workforce Improvement Act of 1998 may be used for any purpose other
    than training in the occupations and industries for which employers are
    using H-1B visas to hire foreign workers, and the related activities
    necessary to support such training: Provided, That the preceding
    limitation shall not apply to multi-year grants awarded prior to June
    30, 2007.
        Sec. 106.  None of the funds available in this Act or available to
    the Secretary of Labor from other sources for grants under the Career
    Pathways Innovation Fund and grants authorized under section 414(c) of
    the American Competitiveness and Workforce Improvement Act of 1998
    shall be obligated for a grant awarded on a non-competitive basis.
        Sec. 107.  None of the funds appropriated in this Act under the
    heading ``Employment and Training Administration'' shall be used by a
    recipient or subrecipient of such funds to pay the salary and bonuses
    of an individual, either as direct costs or indirect costs, at a rate
    in excess of Executive Level II. This limitation shall not apply to
    vendors providing goods and services as defined in Office of Management
    and Budget Circular A-133. Where States are recipients of such funds,
    States may establish a lower limit for salaries and bonuses of those
    receiving salaries and bonuses from subrecipients of such funds, taking
    into account factors including the relative cost-of-living in the
    State, the compensation levels for comparable State or local government
    employees, and the size of the organizations that administer Federal
    programs involved including Employment and Training Administration
    programs.

                         (including transfer of funds)

        Sec. 108.  The Secretary of Labor shall submit to the Committees on
    Appropriations of the House of Representatives and the Senate a plan
    for the transfer of the administration of the Job Corps program
    authorized under title I-C of the Workforce Investment Act of 1998 from
    the Office of the Secretary to the Employment and Training
    Administration. As of the date that is 30 days after the date of
    submission of such plan, the Secretary may transfer the administration
    and appropriated funds of the program from the Office of the Secretary
    and the provisions of section 102 of Public Law 109-149 shall no longer
    be applicable.
        Sec. 109.  The Secretary of Labor shall take no action to amend,
    through regulatory or administration action, the definition established
    in section 667.220 of title 20 of the Code of Federal Regulations for
    functions and activities under title I of the Workforce Investment Act
    of 1998, or to modify, through regulatory or administrative action, the
    procedure for redesignation of local areas as specified in subtitle B
    of title I of that Act (including applying the standards specified in
    section 116(a)(3)(B) of that Act, but notwithstanding the time limits
    specified in section 116(a)(3)(B) of that Act), until such time as
    legislation reauthorizing the Act is enacted. Nothing in the preceding
    sentence shall permit or require the Secretary to withdraw approval for
    such redesignation from a State that received the approval not later
    than October 12, 2005, or to revise action taken or modify the
    redesignation procedure being used by the Secretary in order to
    complete such redesignation for a State that initiated the process of
    such redesignation by submitting any request for such redesignation not
    later than October 26, 2005.
         This title may be cited as the ``Department of Labor
    Appropriations Act, 2010''.

                                    TITLE II

                    DEPARTMENT OF HEALTH AND HUMAN SERVICES

                  Health Resources and Services Administration

                         health resources and services

        For carrying out titles II, III, IV, VII, VIII, X, XI, XII, XIX,
    and XXVI of the Public Health Service Act (``PHS Act''), section 427(a)
    of the Federal Coal Mine Health and Safety Act, title V and sections
    711, 1128E, and 1820 of the Social Security Act, the Health Care
    Quality Improvement Act of 1986, the Native Hawaiian Health Care Act of
    1988, the Cardiac Arrest Survival Act of 2000, section 712 of the
    American Jobs Creation Act of 2004, and the Stem Cell Therapeutic and
    Research Act of 2005, $7,473,522,000, of which $41,200,000 from general
    revenues, notwithstanding section 1820(j) of the Social Security Act,
    shall be available for carrying out the Medicare rural hospital
    flexibility grants program under such section: Provided, That of the
    funds made available under this heading, $1,000,000 shall be to carry
    out section 1820(g)(6) of the Social Security Act: Provided further,
    That amounts provided for such grants shall be available for the
    purchase and implementation of telehealth services, including pilots
    and demonstrations on the use of electronic health records to
    coordinate rural veterans care between rural providers and the
    Department of Veterans Affairs through the use of the VISTA-Electronic
    Health Record: Provided further, That of the funds made available under
    this heading, $129,000 shall be available until expended for facilities
    renovations at the Gillis W. Long Hansen's Disease Center: Provided
    further, That in addition to fees authorized by section 427(b) of the
    Health Care Quality Improvement Act of 1986, fees shall be collected
    for the full disclosure of information under the Act sufficient to
    recover the full costs of operating the National Practitioner Data
    Bank, and shall remain available until expended to carry out that Act:
    Provided further, That fees collected for the full disclosure of
    information under the ``Health Care Fraud and Abuse Data Collection
    Program'', authorized by section 1128E(d)(2) of the Social Security
    Act, shall be sufficient to recover the full costs of operating the
    program, and shall remain available until expended to carry out that
    Act: Provided further, That no more than $40,000 shall be available
    until expended for carrying out the provisions of section 224(o) of the
    PHS Act including associated administrative expenses and relevant
    evaluations: Provided further, That no more than $44,055,000 shall be
    available until expended for carrying out the provisions of Public Law
    104-73 and for expenses incurred by the Department of Health and Human
    Services (``HHS'') pertaining to administrative claims made under such
    law: Provided further, That of the funds made available under this
    heading, $317,491,000 shall be for the program under title X of the PHS
    Act to provide for voluntary family planning projects: Provided
    further, That amounts provided to said projects under such title shall
    not be expended for abortions, that all pregnancy counseling shall be
    nondirective, and that such amounts shall not be expended for any
    activity (including the publication or distribution of literature) that
    in any way tends to promote public support or opposition to any
    legislative proposal or candidate for public office: Provided further,
    That of the funds available under this heading, $1,932,865,000 shall
    remain available to the Secretary of HHS through September 30, 2012,
    for parts A and B of title XXVI of the PHS Act: Provided further, That
    within the amounts provided for part A of title XXVI of the PHS Act,
    $6,021,000 shall be available to the Secretary through September 30,
    2012, and shall be available to qualifying jurisdictions, within 30
    days of enactment, for increasing supplemental grants for fiscal year
    2010 to metropolitan and transitional areas that received grant funding
    in fiscal year 2009 under subparts I and II of part A of title XXVI of
    the PHS Act to ensure that an area's total funding under subparts I and
    II of part A for fiscal year 2009, together with the amount of this
    additional funding, is not less than 92.4 percent of the amount of such
    area's total funding under part A for fiscal year 2006: Provided
    further, That notwithstanding section 2603(c)(1) of the PHS Act, the
    additional funding to areas under the immediately preceding proviso,
    which may be used for costs incurred during fiscal year 2009, shall be
    available to the area for obligation from the date of the award through
    the end of the grant year for the award: Provided further, That
    $835,000,000 shall be for State AIDS Drug Assistance Programs
    authorized by section 2616 of the PHS Act: Provided further, That in
    addition to amounts provided herein, $25,000,000 shall be available
    from amounts available under section 241 of the PHS Act to carry out
    parts A, B, C, and D of title XXVI of the PHS Act to fund section 2691
    Special Projects of National Significance: Provided further, That
    notwithstanding sections 502(a)(1) and 502(b)(1) of the Social Security
    Act, not to exceed $92,551,000 shall be available for carrying out
    special projects of regional and national significance pursuant to
    section 501(a)(2) of such Act and $10,400,000 shall be available for
    projects described in paragraphs (A) through (F) of section 501(a)(3)
    of such Act: Provided further, That notwithstanding section 747(e)(2)
    of the PHS Act, not less than $29,025,000 shall be for family medicine
    programs, not less than $7,575,000 shall be for general dentistry
    programs, and not less than $7,575,000 shall be for pediatric dentistry
    programs including faculty loan repayments for service as a full-time
    faculty member in dentistry: Provided further, That dentistry faculty
    loan repayments shall be made using the same terms and conditions as
    the Nursing Faculty Loan Repayment program authorized under section 738
    of the PHS Act unless otherwise authorized: Provided further, That of
    the funds provided, $10,000,000 shall be provided to the Denali
    Commission as a direct lump payment pursuant to Public Law 106-113:
    Provided further, That of the funds provided, $35,000,000 shall be
    provided for the Delta Health Initiative as authorized in section 219
    of division G of Public Law 110-161 and associated administrative
    expenses: Provided further, That funds provided under section 846 and
    subpart 3 of part D of title III of the PHS Act may be used to make
    prior year adjustments to awards made under these sections: Provided
    further, That notwithstanding section 340A(d)(3)(B) of the PHS Act,
    $5,000,000 shall be available for 3 year grant periods under the
    Patient Navigator Act: Provided further, That of the amount
    appropriated in this paragraph, $338,002,000 shall be used for the
    projects financing the construction and renovation (including
    equipment) of health care and other facilities and for other health-
    related activities, and in the amounts, specified under the heading
    ``Health Resources and Services'' in the statement of the managers on
    the conference report accompanying this Act, and of which up to one
    percent of the amount for each project may be used for related agency
    administrative expenses: Provided further, That notwithstanding section
    338J(k) of the PHS Act, $10,075,000 shall be available for State
    Offices of Rural Health: Provided further, That of the funds provided,
    $15,000,000 shall be available for the Small Rural Hospital Improvement
    Grant Program for quality improvement and adoption of health
    information technology: Provided further, That $75,000,000 shall be
    available for State Health Access Grants to expand access to affordable
    health care coverage for the uninsured populations in such States.

               health education assistance loans program account

        Such sums as may be necessary to carry out the purpose of the
    program, as authorized by title VII of the Public Health Service Act
    (``PHS Act''). For administrative expenses to carry out the guaranteed
    loan program, including section 709 of the PHS Act, $2,847,000.

                 vaccine injury compensation program trust fund

        For payments from the Vaccine Injury Compensation Program Trust
    Fund (``Trust Fund''), such sums as may be necessary for claims
    associated with vaccine-related injury or death with respect to
    vaccines administered after September 30, 1988, pursuant to subtitle 2
    of title XXI of the Public Health Service Act, to remain available
    until expended: Provided, That for necessary administrative expenses,
    not to exceed $6,502,000 shall be available from the Trust Fund to the
    Secretary of Health and Human Services.

                   Centers for Disease Control and Prevention

                    disease control, research, and training

        To carry out titles II, III, VII, XI, XV, XVII, XIX, XXI, and XXVI
    of the Public Health Service Act (``PHS Act''), sections 101, 102, 103,
    201, 202, 203, 301, 501, and 514 of the Federal Mine Safety and Health
    Act of 1977, section 13 of the Mine Improvement and New Emergency
    Response Act of 2006, sections 20, 21, and 22 of the Occupational
    Safety and Health Act of 1970, title IV of the Immigration and
    Nationality Act, section 501 of the Refugee Education Assistance Act of
    1980, and for expenses necessary to support activities related to
    countering potential biological, nuclear, radiological, and chemical
    threats to civilian populations; including purchase and insurance of
    official motor vehicles in foreign countries; and purchase, hire,
    maintenance, and operation of aircraft, $6,390,387,000, of which
    $69,150,000 shall remain available until expended for acquisition of
    real property, equipment, construction and renovation of facilities; of
    which $595,749,000 shall remain available until expended for the
    Strategic National Stockpile under section 319F-2 of the PHS Act; of
    which $20,620,000 shall be used for the projects, and in the amounts,
    specified under the heading ``Disease Control, Research, and Training''
    in the statement of the managers on the conference report accompanying
    this Act; of which $118,979,000 for international HIV/AIDS shall remain
    available through September 30, 2011; and of which $70,723,000 shall be
    available until expended to provide screening and treatment for first
    response emergency services personnel, residents, students, and others
    related to the September 11, 2001 terrorist attacks on the World Trade
    Center: Provided, That in addition, such sums as may be derived from
    authorized user fees, which shall be credited to this account: Provided
    further, That with respect to the previous proviso, authorized user
    fees from the Vessel Sanitation Program shall be available through
    September 30, 2011: Provided further, That in addition to amounts
    provided herein, the following amounts shall be available from amounts
    available under section 241 of the PHS Act: (1) $12,864,000 to carry
    out the National Immunization Surveys; (2) $138,683,000 to carry out
    the National Center for Health Statistics surveys; (3) $30,880,000 for
    Public Health Informatics; (4) $47,036,000 for Health Marketing; (5)
    $31,170,000 to carry out Public Health Research; and (6) $91,724,000 to
    carry out research activities within the National Occupational Research
    Agenda: Provided further, That none of the funds made available for
    injury prevention and control at the Centers for Disease Control and
    Prevention may be used, in whole or in part, to advocate or promote gun
    control: Provided further, That of the funds made available under this
    heading, up to $1,000 per eligible employee of the Centers for Disease
    Control and Prevention shall be made available until expended for
    Individual Learning Accounts: Provided further, That the Director may
    redirect the total amount made available under authority of Public Law
    101-502, section 3, dated November 3, 1990, to activities the Director
    may so designate: Provided further, That the Committees on
    Appropriations of the House of Representatives and the Senate are to be
    notified promptly of any such redirection: Provided further, That not
    to exceed $20,787,000 may be available for making grants under section
    1509 of the PHS Act to not less than 21 States, tribes, or tribal
    organizations: Provided further, That notwithstanding any other
    provision of law, the Centers for Disease Control and Prevention shall
    award a single contract or related contracts for development and
    construction of the next building or facility designated in the
    Buildings and Facilities Master Plan that collectively include the full
    scope of the project: Provided further, That the solicitation and
    contract shall contain the clause ``availability of funds'' found at 48
    CFR 52.232-18: Provided further, That of the funds appropriated,
    $10,000 shall be for official reception and representation expenses
    when specifically approved by the Director of the Centers for Disease
    Control and Prevention: Provided further, That employees of the Centers
    for Disease Control and Prevention or the Public Health Service, both
    civilian and Commissioned Officers, detailed to States, municipalities,
    or other organizations under authority of section 214 of the PHS Act,
    or in overseas assignments, shall be treated as non-Federal employees
    for reporting purposes only and shall not be included within any
    personnel ceiling applicable to the Agency, Service, or the Department
    of Health and Human Services during the period of detail or assignment.
        In addition, for necessary expenses to administer the Energy
    Employees Occupational Illness Compensation Program Act, $55,358,000,
    to remain available until expended, of which $4,500,000 shall be for
    use by or in support of the Advisory Board on Radiation and Worker
    Health (``the Board'') to carry out its statutory responsibilities,
    including obtaining audits, technical assistance, and other support
    from the Board's audit contractor with regard to radiation dose
    estimation and reconstruction efforts, site profiles, procedures, and
    review of Special Exposure Cohort petitions and evaluation reports:
    Provided, That this amount shall be available consistent with the
    provision regarding administrative expenses in section 151(b) of
    division B, title I of Public Law 106-554.

                         National Institutes of Health

                           national cancer institute

        For carrying out section 301 and title IV of the Public Health
    Service Act with respect to cancer, $5,103,388,000, of which up to
    $8,000,000 may be used for facilities repairs and improvements at the
    National Cancer Institute-Frederick Federally Funded Research and
    Development Center in Frederick, Maryland.

                   national heart, lung, and blood institute

        For carrying out section 301 and title IV of the Public Health
    Service Act with respect to cardiovascular, lung, and blood diseases,
    and blood and blood products, $3,096,916,000.

             national institute of dental and craniofacial research

        For carrying out section 301 and title IV of the Public Health
    Service Act with respect to dental disease, $413,236,000.

        national institute of diabetes and digestive and kidney diseases

        For carrying out section 301 and title IV of the Public Health
    Service Act with respect to diabetes and digestive and kidney disease,
    $1,808,100,000.

            national institute of neurological disorders and stroke

        For carrying out section 301 and title IV of the Public Health
    Service Act with respect to neurological disorders and stroke,
    $1,636,371,000.

             national institute of allergy and infectious diseases

                         (including transfer of funds)

        For carrying out section 301 and title IV of the Public Health
    Service Act with respect to allergy and infectious diseases,
    $4,818,275,000, of which $304,000,000 shall be derived by transfer from
    funds appropriated under the heading ``Biodefense Countermeasures'' in
    the Department of Homeland Security Appropriations Act, 2004: Provided,
    That $300,000,000 may be made available to International Assistance
    Programs ``Global Fund to Fight HIV/AIDS, Malaria, and Tuberculosis'',
    to remain available until expended.

                 national institute of general medical sciences

        For carrying out section 301 and title IV of the Public Health
    Service Act with respect to general medical sciences, $2,051,798,000.

      eunice kennedy shriver national institute of child health and human
                                  development

        For carrying out section 301 and title IV of the Public Health
    Service Act with respect to child health and human development,
    $1,329,528,000.

                             national eye institute

        For carrying out section 301 and title IV of the Public Health
    Service Act with respect to eye diseases and visual disorders,
    $707,036,000.

              national institute of environmental health sciences

        For carrying out section 301 and title IV of the Public Health
    Service Act with respect to environmental health sciences,
    $689,781,000.

                          national institute on aging

        For carrying out section 301 and title IV of the Public Health
    Service Act with respect to aging, $1,110,229,000.

     national institute of arthritis and musculoskeletal and skin diseases

        For carrying out section 301 and title IV of the Public Health
    Service Act with respect to arthritis and musculoskeletal and skin
    diseases, $539,082,000.

        national institute on deafness and other communication disorders

        For carrying out section 301 and title IV of the Public Health
    Service Act with respect to deafness and other communication disorders,
    $418,833,000.

                     national institute of nursing research

        For carrying out section 301 and title IV of the Public Health
    Service Act with respect to nursing research, $145,660,000.

               national institute on alcohol abuse and alcoholism

        For carrying out section 301 and title IV of the Public Health
    Service Act with respect to alcohol abuse and alcoholism, $462,346,000.

                        national institute on drug abuse

        For carrying out section 301 and title IV of the Public Health
    Service Act with respect to drug abuse, $1,059,848,000.

                      national institute of mental health

        For carrying out section 301 and title IV of the Public Health
    Service Act with respect to mental health, $1,489,372,000.

                    national human genome research institute

        For carrying out section 301 and title IV of the Public Health
    Service Act with respect to human genome research, $516,028,000.

          national institute of biomedical imaging and bioengineering

        For carrying out section 301 and title IV of the Public Health
    Service Act with respect to biomedical imaging and bioengineering
    research, $316,582,000.

                     national center for research resources

        For carrying out section 301 and title IV of the Public Health
    Service Act with respect to research resources and general research
    support grants, $1,268,896,000.

           national center for complementary and alternative medicine

        For carrying out section 301 and title IV of the Public Health
    Service Act with respect to complementary and alternative medicine,
    $128,844,000.

           national center on minority health and health disparities

        For carrying out section 301 and title IV of the Public Health
    Service Act with respect to minority health and health disparities
    research, $211,572,000.

                      john e. fogarty international center

        For carrying out the activities of the John E. Fogarty
    International Center (described in subpart 2 of part E of title IV of
    the Public Health Service Act), $70,051,000.

                          national library of medicine

        For carrying out section 301 and title IV of the Public Health
    Service Act (``PHS Act'') with respect to health information
    communications, $339,716,000, of which $4,000,000 shall be available
    until expended for improvement of information systems: Provided, That
    in fiscal year 2010, the National Library of Medicine may enter into
    personal services contracts for the provision of services in facilities
    owned, operated, or constructed under the jurisdiction of the National
    Institutes of Health: Provided further, That in addition to amounts
    provided herein, $8,200,000 shall be available from amounts available
    under section 241 of the PHS Act to carry out the purposes of the
    National Information Center on Health Services Research and Health Care
    Technology established under section 478A of the PHS Act and related
    health services.

                             office of the director

        For carrying out the responsibilities of the Office of the
    Director, National Institutes of Health (``NIH''), $1,177,300,000, of
    which up to $25,000,000 shall be used to carry out section 214 of this
    Act: Provided, That funding shall be available for the purchase of not
    to exceed 29 passenger motor vehicles for replacement only: Provided
    further, That the NIH is authorized to collect third party payments for
    the cost of clinical services that are incurred in NIH research
    facilities and that such payments shall be credited to the NIH
    Management Fund: Provided further, That all funds credited to such Fund
    shall remain available for one fiscal year after the fiscal year in
    which they are deposited: Provided further, That up to $193,880,000
    shall be available for continuation of the National Children's Study:
    Provided further, That $544,109,000 shall be available for the Common
    Fund established under section 402A(c)(1) of the Public Health Service
    Act (``PHS Act''): Provided further, That of the funds provided $10,000
    shall be for official reception and representation expenses when
    specifically approved by the Director of the NIH: Provided further,
    That the Office of AIDS Research within the Office of the Director of
    the NIH may spend up to $8,000,000 to make grants for construction or
    renovation of facilities as provided for in section 2354(a)(5)(B) of
    the PHS Act.

                            buildings and facilities

        For the study of, construction of, renovation of, and acquisition
    of equipment for, facilities of or used by the National Institutes of
    Health, including the acquisition of real property, $100,000,000, to
    remain available until expended.

           Substance Abuse and Mental Health Services Administration

                   substance abuse and mental health services

        For carrying out titles III, V, and XIX of the Public Health
    Service Act (``PHS Act'') with respect to substance abuse and mental
    health services and the Protection and Advocacy for Individuals with
    Mental Illness Act, $3,431,624,000, of which $14,518,000 shall be used
    for the projects, and in the amounts, specified under the heading
    ``Substance Abuse and Mental Health Services'' in the statement of the
    managers on the conference report accompanying this Act: Provided, That
    notwithstanding section 520A(f)(2) of the PHS Act, no funds
    appropriated for carrying out section 520A are available for carrying
    out section 1971 of the PHS Act: Provided further, That $795,000 shall
    be available until expended for reimbursing the General Services
    Administration for environmental testing and remediation on the
    federally owned facilities at St. Elizabeths Hospital, including but
    not limited to testing and remediation conducted prior to fiscal year
    2010: Provided further, That in addition to amounts provided herein,
    the following amounts shall be available under section 241 of the PHS
    Act: (1) $79,200,000 to carry out subpart II of part B of title XIX of
    the PHS Act to fund section 1935(b) technical assistance, national
    data, data collection and evaluation activities, and further that the
    total available under this Act for section 1935(b) activities shall not
    exceed 5 percent of the amounts appropriated for subpart II of part B
    of title XIX; (2) $21,039,000 to carry out subpart I of part B of title
    XIX of the PHS Act to fund section 1920(b) technical assistance,
    national data, data collection and evaluation activities, and further
    that the total available under this Act for section 1920(b) activities
    shall not exceed 5 percent of the amounts appropriated for subpart I of
    part B of title XIX; (3) $22,750,000 to carry out national surveys on
    drug abuse and mental health; and (4) $8,596,000 to collect and analyze
    data and evaluate substance abuse treatment programs: Provided further,
    That section 520E(b)(2) of the PHS Act shall not apply to funds
    appropriated under this Act for fiscal year 2010.

                   Agency for Healthcare Research and Quality

                        healthcare research and quality

        For carrying out titles III and IX of the Public Health Service Act
    (``PHS Act''), part A of title XI of the Social Security Act, and
    section 1013 of the Medicare Prescription Drug, Improvement, and
    Modernization Act of 2003, amounts received from Freedom of Information
    Act fees, reimbursable and interagency agreements, and the sale of data
    shall be credited to this appropriation and shall remain available
    until expended: Provided, That the amount made available pursuant to
    section 937(c) of the PHS Act shall not exceed $397,053,000.

                   Centers for Medicare and Medicaid Services

                         grants to states for medicaid

        For carrying out, except as otherwise provided, titles XI and XIX
    of the Social Security Act, $220,962,473,000, to remain available until
    expended.
        For making, after May 31, 2010, payments to States under title XIX
    of the Social Security Act for the last quarter of fiscal year 2010 for
    unanticipated costs, incurred for the current fiscal year, such sums as
    may be necessary.
        For making payments to States or in the case of section 1928 on
    behalf of States under title XIX of the Social Security Act for the
    first quarter of fiscal year 2011, $86,789,382,000, to remain available
    until expended.
        Payment under title XIX may be made for any quarter with respect to
    a State plan or plan amendment in effect during such quarter, if
    submitted in or prior to such quarter and approved in that or any
    subsequent quarter.

                      payments to health care trust funds

        For payment to the Federal Hospital Insurance Trust Fund and the
    Federal Supplementary Medical Insurance Trust Fund, as provided under
    sections 217(g), 1844, and 1860D-16 of the Social Security Act,
    sections 103(c) and 111(d) of the Social Security Amendments of 1965,
    section 278(d) of Public Law 97-248, and for administrative expenses
    incurred pursuant to section 201(g) of the Social Security Act,
    $207,286,070,000.
        In addition, for making matching payments under section 1844, and
    benefit payments under section 1860D-16 of the Social Security Act, not
    anticipated in budget estimates, such sums as may be necessary.

                               program management

        For carrying out, except as otherwise provided, titles XI, XVIII,
    XIX, and XXI of the Social Security Act, titles XIII and XXVII of the
    Public Health Service Act (``PHS Act''), and the Clinical Laboratory
    Improvement Amendments of 1988, not to exceed $3,470,242,000, to be
    transferred from the Federal Hospital Insurance Trust Fund and the
    Federal Supplementary Medical Insurance Trust Fund, as authorized by
    section 201(g) of the Social Security Act; together with all funds
    collected in accordance with section 353 of the PHS Act and section
    1857(e)(2) of the Social Security Act, funds retained by the Secretary
    of Health and Human Services pursuant to section 302 of the Tax Relief
    and Health Care Act of 2006; and such sums as may be collected from
    authorized user fees and the sale of data, which shall be credited to
    this account and remain available until expended: Provided, That all
    funds derived in accordance with 31 U.S.C. 9701 from organizations
    established under title XIII of the PHS Act shall be credited to and
    available for carrying out the purposes of this appropriation: Provided
    further, That $35,681,000, to remain available through September 30,
    2011, shall be for contract costs for the Healthcare Integrated General
    Ledger Accounting System: Provided further, That $65,600,000, to remain
    available through September 30, 2011, shall be for the Centers for
    Medicare and Medicaid Services (``CMS'') Medicare contracting reform
    activities: Provided further, That $55,000,000 shall be available for
    the State high risk health insurance pool program as authorized by the
    State High Risk Pool Funding Extension Act of 2006: Provided further,
    That the Secretary is directed to collect fees in fiscal year 2010 from
    Medicare Advantage organizations pursuant to section 1857(e)(2) of the
    Social Security Act and from eligible organizations with risk-sharing
    contracts under section 1876 of that Act pursuant to section
    1876(k)(4)(D) of that Act: Provided further, That $3,100,000 shall be
    used for the projects, and in the amounts, specified under the heading
    ``Program Management'' in the statement of the managers on the
    conference report accompanying this Act.

                  Health Care Fraud and Abuse Control Account

        In addition to amounts otherwise available for program integrity
    and program management, $311,000,000, to remain available through
    September 30, 2011, to be transferred from the Federal Hospital
    Insurance Trust Fund and the Federal Supplementary Medical Insurance
    Trust Fund, as authorized by section 201(g) of the Social Security Act,
    of which $220,320,000 shall be for the Medicare Integrity Program at
    the Centers for Medicare and Medicaid Services, including
    administrative costs, to conduct oversight activities for Medicare
    Advantage and the Medicare Prescription Drug Program authorized in
    title XVIII of the Social Security Act and for activities listed in
    section 1893 of such Act; of which $29,790,000 shall be for the
    Department of Health and Human Services Office of Inspector General to
    carry out fraud and abuse activities authorized by section 1817(k)(3)
    of such Act; of which $31,100,000 shall be for the Medicaid and
    Children's Health Insurance Program (``CHIP'') program integrity
    activities; and of which $29,790,000 shall be for the Department of
    Justice to carry out fraud and abuse activities authorized by section
    1817(k)(3) of such Act: Provided, That the report required by section
    1817(k)(5) of the Social Security Act for fiscal year 2010 shall
    include measures of the operational efficiency and impact on fraud,
    waste, and abuse in the Medicare, Medicaid, and CHIP programs for the
    funds provided by this appropriation.

                    Administration for Children and Families

      payments to states for child support enforcement and family support
                                    programs

        For making payments to States or other non-Federal entities under
    titles I, IV-D, X, XI, XIV, and XVI of the Social Security Act and the
    Act of July 5, 1960, $3,571,509,000, to remain available until
    expended; and for such purposes for the first quarter of fiscal year
    2011, $1,100,000,000, to remain available until expended.
        For making payments to each State for carrying out the program of
    Aid to Families with Dependent Children under title IV-A of the Social
    Security Act before the effective date of the program of Temporary
    Assistance for Needy Families with respect to such State, such sums as
    may be necessary: Provided, That the sum of the amounts available to a
    State with respect to expenditures under such title IV-A in fiscal year
    1997 under this appropriation and under such title IV-A as amended by
    the Personal Responsibility and Work Opportunity Reconciliation Act of
    1996 shall not exceed the limitations under section 116(b) of such Act.
        For making, after May 31 of the current fiscal year, payments to
    States or other non-Federal entities under titles I, IV-D, X, XI, XIV,
    and XVI of the Social Security Act and the Act of July 5, 1960, for the
    last 3 months of the current fiscal year for unanticipated costs,
    incurred for the current fiscal year, such sums as may be necessary.

                       low income home energy assistance

        For making payments under subsections (b), (d), and (e) of section
    2602 of the Low Income Home Energy Assistance Act of 1981,
    $5,100,000,000, of which $4,509,672,000 shall be for payments under
    subsections (b) and (d) of such section; and of which $590,328,000
    shall be for payments under subsection (e) of such section, to be made
    notwithstanding the designation requirements of such subsection:
    Provided, That all but $839,792,000 of the amount provided in this Act
    for subsections (b) and (d) shall be allocated as though the total
    appropriation for such payments for fiscal year 2010 was less than
    $1,975,000,000: Provided further, That notwithstanding section
    2605(b)(2)(B)(ii) of such Act, a State may use any amount of an
    allotment from prior appropriations Acts that is available to that
    State for providing assistance in fiscal year 2010, and any allotment
    from funds appropriated in this Act or any other appropriations Act for
    fiscal year 2010, to provide assistance to households whose income does
    not exceed 75 percent of the State median income.

                         refugee and entrant assistance

        For necessary expenses for refugee and entrant assistance
    activities authorized by section 414 of the Immigration and Nationality
    Act and section 501 of the Refugee Education Assistance Act of 1980,
    for carrying out section 462 of the Homeland Security Act of 2002,
    section 235 of the William Wilberforce Trafficking Victims Protection
    Reauthorization Act of 2008, and the Trafficking Victims Protection Act
    of 2000, for costs associated with the care and placement of
    unaccompanied alien children, and for carrying out the Torture Victims
    Relief Act of 1998, $730,928,000, of which up to $9,814,000 shall be
    available to carry out the Trafficking Victims Protection Act of 2000:
    Provided, That funds appropriated under this heading pursuant to
    section 414(a) of the Immigration and Nationality Act, section 462 of
    the Homeland Security Act of 2002, section 235 of the William
    Wilberforce Trafficking Victims Protection Reauthorization Act of 2008,
    and the Trafficking Victims Protection Act of 2000 for fiscal year 2010
    shall be available for the costs of assistance provided and other
    activities to remain available through September 30, 2012.

       payments to states for the child care and development block grant

        For carrying out the Child Care and Development Block Grant Act of
    1990, $2,127,081,000 shall be used to supplement, not supplant State
    general revenue funds for child care assistance for low-income
    families: Provided, That $18,960,000 shall be available for child care
    resource and referral and school-aged child care activities, of which
    $1,000,000 shall be for the Child Care Aware toll-free hotline:
    Provided further, That, in addition to the amounts required to be
    reserved by the States under section 658G, $271,401,000 shall be
    reserved by the States for activities authorized under section 658G, of
    which $99,534,000 shall be for activities that improve the quality of
    infant and toddler care: Provided further, That $9,910,000 shall be for
    use by the Secretary of Health and Human Services for child care
    research, demonstration, and evaluation activities.

                          social services block grant

        For making grants to States pursuant to section 2002 of the Social
    Security Act, $1,700,000,000: Provided, That notwithstanding
    subparagraph (B) of section 404(d)(2) of such Act, the applicable
    percent specified under such subparagraph for a State to carry out
    State programs pursuant to title XX of such Act shall be 10 percent.

                    children and families services programs

                         (including transfer of funds)

        For carrying out, except as otherwise provided, the Runaway and
    Homeless Youth Act, the Developmental Disabilities Assistance and Bill
    of Rights Act, the Head Start Act, the Child Abuse Prevention and
    Treatment Act, sections 310 and 316 of the Family Violence Prevention
    and Services Act, the Native American Programs Act of 1974, title II of
    the Child Abuse Prevention and Treatment and Adoption Reform Act of
    1978 (adoption opportunities), sections 330F and 330G of the Public
    Health Service Act (``PHS Act''), the Abandoned Infants Assistance Act
    of 1988, sections 261 and 291 of the Help America Vote Act of 2002,
    part B-1 of title IV and sections 413, 1110, and 1115 of the Social
    Security Act; for making payments under the Community Services Block
    Grant Act (``CSBG Act''), sections 439(i), 473B, and 477(i) of the
    Social Security Act, and the Assets for Independence Act; and for
    necessary administrative expenses to carry out such Acts and titles I,
    IV, V, X, XI, XIV, XVI, and XX of the Social Security Act, the Act of
    July 5, 1960, the Low Income Home Energy Assistance Act of 1981, title
    IV of the Immigration and Nationality Act, section 501 of the Refugee
    Education Assistance Act of 1980, and section 505 of the Family Support
    Act of 1988, $9,314,532,000, of which $39,500,000, to remain available
    through September 30, 2011, shall be for grants to States for adoption
    incentive payments, as authorized by section 473A of the Social
    Security Act and may be made for adoptions completed before September
    30, 2010: Provided, That $7,234,783,000 shall be for making payments
    under the Head Start Act: Provided further, That of funds appropriated
    in the American Recovery and Reinvestment Act of 2009 for Head Start
    and Early Head Start, only the amount provided to a Head Start grantee
    under section 640(a)(3)(A)(i)(I) of the Head Start Act as a cost of
    living adjustment may be considered to be part of the fiscal year 2009
    base grant for such grantee for purposes of section 640(a)(2)(B)(i)
    through (v) of the Head Start Act: Provided further, That $746,000,000
    shall be for making payments under the CSBG Act: Provided further, That
    not less than $10,000,000 shall be for section 680(a)(3)(B) of the CSBG
    Act: Provided further, That in addition to amounts provided herein,
    $5,762,000 shall be available from amounts available under section 241
    of the PHS Act to carry out the provisions of section 1110 of the
    Social Security Act: Provided further, That to the extent Community
    Services Block Grant funds are distributed as grant funds by a State to
    an eligible entity as provided under the CSBG Act, and have not been
    expended by such entity, they shall remain with such entity for
    carryover into the next fiscal year for expenditure by such entity
    consistent with program purposes: Provided further, That the Secretary
    of Health and Human Services shall establish procedures regarding the
    disposition of intangible assets and program income that permit such
    assets acquired with, and program income derived from, grant funds
    authorized under section 680 of the CSBG Act to become the sole
    property of such grantees after a period of not more than 12 years
    after the end of the grant period for any activity consistent with
    section 680(a)(2)(A) of the CSBG Act: Provided further, That intangible
    assets in the form of loans, equity investments and other debt
    instruments, and program income may be used by grantees for any
    eligible purpose consistent with section 680(a)(2)(A) of the CSBG Act:
    Provided further, That these procedures shall apply to such grant funds
    made available after November 29, 1999: Provided further, That funds
    appropriated for section 680(a)(2) of the CSBG Act shall be available
    for financing construction and rehabilitation and loans or investments
    in private business enterprises owned by community development
    corporations: Provided further, That $17,410,000 shall be for
    activities authorized by the Help America Vote Act of 2002, of which
    $12,154,000 shall be for payments to States to promote access for
    voters with disabilities, and of which $5,256,000 shall be for payments
    to States for protection and advocacy systems for voters with
    disabilities: Provided further, That $2,000,000 shall be for a human
    services case management system for federally declared disasters, to
    include a comprehensive national case management contract and Federal
    costs of administering the system: Provided further, That up to
    $2,000,000 shall be for improving the Public Assistance Reporting
    Information System, including grants to States to support data
    collection for a study of the system's effectiveness: Provided further,
    That of the funds appropriated under this heading, $1,000,000 shall be
    transferred to the National Commission on Children and Disasters to
    carry out title VI of division G of Public Law 110-161: Provided
    further, That $20,785,000 shall be used for the projects, and in the
    amounts, specified under the heading ``Children and Families Services
    Programs'' in the statement of the managers on the conference report
    accompanying this Act.

                       promoting safe and stable families

        For carrying out section 436 of the Social Security Act,
    $345,000,000 and section 437 of such Act, $63,311,000.

                    payments for foster care and permanency

        For making payments to States or other non-Federal entities under
    title IV-E of the Social Security Act, $5,532,000,000.
        For making payments to States or other non-Federal entities under
    title IV-E of the Social Security Act, for the first quarter of fiscal
    year 2011, $1,850,000,000.
        For making, after May 31 of the current fiscal year, payments to
    States or other non-Federal entities under section 474 of title IV-E of
    the Social Security Act, for the last 3 months of the current fiscal
    year for unanticipated costs, incurred for the current fiscal year,
    such sums as may be necessary.

                            Administration on Aging

                            aging services programs

        For carrying out, to the extent not otherwise provided, the Older
    Americans Act of 1965, section 398 and title XXIX of the Public Health
    Service Act, and section 119 of the Medicare Improvements for Patients
    and Providers Act of 2008, $1,516,297,000, of which $5,500,000 shall be
    available for activities regarding medication management, screening,
    and education to prevent incorrect medication and adverse drug
    reactions: Provided, That $5,974,000 shall be used for the projects,
    and in the amounts, specified under the heading ``Aging Services
    Programs'' in the statement of the managers on the conference report
    accompanying this Act.

                            Office of the Secretary

                        general departmental management

                         (including transfer of funds)

        For necessary expenses, not otherwise provided, for general
    departmental management, including hire of six sedans, and for carrying
    out titles III, IV, XVII, XX, and XXI of the Public Health Service Act
    (``PHS Act''), the United States-Mexico Border Health Commission Act,
    and research studies under section 1110 of the Social Security Act,
    $493,377,000, together with $5,851,000 to be transferred and expended
    as authorized by section 201(g)(1) of the Social Security Act from the
    Federal Hospital Insurance Trust Fund and the Federal Supplementary
    Medical Insurance Trust Fund, and $65,211,000 from the amounts
    available under section 241 of the PHS Act to carry out national health
    or human services research and evaluation activities: Provided, That of
    this amount, $53,891,000 shall be for minority AIDS prevention and
    treatment activities; $5,789,000 shall be to assist Afghanistan in the
    development of maternal and child health clinics, consistent with
    section 103(a)(4)(H) of the Afghanistan Freedom Support Act of 2002;
    and $1,000,000 shall be transferred, not later than 30 days after
    enactment of this Act, to the National Institute of Mental Health to
    administer the Interagency Autism Coordinating Committee: Provided
    further, That all of the funds made available under this heading for
    carrying out title XX of the PHS Act shall be for activities specified
    under section 2003(b)(1) of such title XX: Provided further, That of
    the funds made available under this heading, $110,000,000 shall be for
    making competitive contracts and grants to public and private entities
    to fund medically accurate and age appropriate programs that reduce
    teen pregnancy and for the Federal costs associated with administering
    and evaluating such contracts and grants, of which not less than
    $75,000,000 shall be for replicating programs that have been proven
    effective through rigorous evaluation to reduce teenage pregnancy,
    behavioral risk factors underlying teenage pregnancy, or other
    associated risk factors, of which not less than $25,000,000 shall be
    available for research and demonstration grants to develop, replicate,
    refine, and test additional models and innovative strategies for
    preventing teenage pregnancy, and of which any remaining amounts shall
    be available for training and technical assistance, evaluation,
    outreach, and additional program support activities: Provided further,
    That of the amounts provided under this heading from amounts available
    under section 241 of the PHS Act, $4,455,000 shall be available to
    carry out evaluations (including longitudinal evaluations) of teenage
    pregnancy prevention approaches: Provided further, That funds provided
    in this Act for embryo adoption activities may be used to provide, to
    individuals adopting embryos, through grants and other mechanisms,
    medical and administrative services deemed necessary for such
    adoptions: Provided further, That such services shall be provided
    consistent with 42 CFR 59.5(a)(4): Provided further, That $1,650,000
    shall be used for the projects, and in the amounts, specified under the
    heading ``General Departmental Management'' in the statement of the
    managers on the conference report accompanying this Act.

                    office of medicare hearings and appeals

        For expenses necessary for administrative law judges responsible
    for hearing cases under title XVIII of the Social Security Act (and
    related provisions of title XI of such Act), $71,147,000, to be
    transferred in appropriate part from the Federal Hospital Insurance
    Trust Fund and the Federal Supplementary Medical Insurance Trust Fund.

      office of the national coordinator for health information technology

        For expenses necessary for the Office of the National Coordinator
    for Health Information Technology, including grants, contracts, and
    cooperative agreements for the development and advancement of
    interoperable health information technology, $42,331,000: Provided,
    That in addition to amounts provided herein, $19,011,000 shall be
    available from amounts available under section 241 of the Public Health
    Service Act.

                          office of inspector general

        For expenses necessary for the Office of Inspector General,
    including the hire of passenger motor vehicles for investigations, in
    carrying out the provisions of the Inspector General Act of 1978,
    $50,279,000: Provided, That of such amount, necessary sums shall be
    available for providing protective services to the Secretary of Health
    and Human Services and investigating non-payment of child support cases
    for which non-payment is a Federal offense under 18 U.S.C. 228:
    Provided further, That at least forty percent of the funds provided in
    this Act for the Office of Inspector General shall be used only for
    investigations, audits, and evaluations pertaining to the discretionary
    programs funded in this Act.

                            office for civil rights

        For expenses necessary for the Office for Civil Rights,
    $37,785,000, together with not to exceed $3,314,000 to be transferred
    and expended as authorized by section 201(g)(1) of the Social Security
    Act from the Federal Hospital Insurance Trust Fund and the Federal
    Supplementary Medical Insurance Trust Fund.

         retirement pay and medical benefits for commissioned officers

        For retirement pay and medical benefits of Public Health Service
    Commissioned Officers as authorized by law, for payments under the
    Retired Serviceman's Family Protection Plan and Survivor Benefit Plan,
    and for medical care of dependents and retired personnel under the
    Dependents' Medical Care Act, such amounts as may be required during
    the current fiscal year.

                public health and social services emergency fund

                         (including transfer of funds)

        For expenses necessary to support activities related to countering
    potential biological, nuclear, radiological, chemical, and
    cybersecurity threats to civilian populations, and for other public
    health emergencies and to pay the costs described in section 319F-
    2(c)(7)(B) of the Public Health Service Act (``PHS Act''),
    $617,942,000; of which $33,065,000 shall be to support preparedness and
    emergency operations, of which $5,000,000 shall remain available
    through September 30, 2011; and of which $10,000,000, to remain
    available through September 30, 2011, shall be to support the delivery
    of medical countermeasures: Provided, That of the amount made available
    herein for the delivery of medical countermeasures, up to $8,000,000
    may be transferred to the U.S. Postal Service to support delivery of
    medical countermeasures.
        For expenses necessary to support advanced research and development
    pursuant to section 319L of the PHS Act, $305,000,000, to be derived by
    transfer from funds appropriated under the heading ``Biodefense
    Countermeasures'' in the Department of Homeland Security Appropriations
    Act, 2004, to remain available through September 30, 2011.
        For expenses necessary to prepare for and respond to an influenza
    pandemic, $354,167,000, of which $276,000,000 shall be available until
    expended, for activities including the development and purchase of
    vaccine, antivirals, necessary medical supplies, diagnostics, and other
    surveillance tools: Provided, That products purchased with these funds
    may, at the discretion of the Secretary of Health and Human Services,
    be deposited in the Strategic National Stockpile under section 319F-
    2(a) of the PHS Act: Provided further, That notwithstanding section
    496(b) of the PHS Act, funds may be used for the construction or
    renovation of privately owned facilities for the production of pandemic
    influenza vaccines and other biologics, if the Secretary finds such
    construction or renovation necessary to secure sufficient supplies of
    such vaccines or biologics: Provided further, That funds appropriated
    herein may be transferred to other appropriation accounts of the
    Department of Health and Human Services, as determined by the Secretary
    to be appropriate, to be used for the purposes specified in this
    paragraph.
        All remaining balances from funds appropriated under the heading
    ``Biodefense Countermeasures'' in the Department of Homeland Security
    Appropriations Act, 2004, shall be transferred to this account, and
    shall remain available for obligation through September 30, 2013, for
    the procurement of medical countermeasures pursuant to section 319F-
    2(c) of the PHS Act: Provided, That products purchased with these funds
    shall be deposited in the Strategic National Stockpile under section
    319F-2(a) of the PHS Act.
        For expenses necessary for fit-out and other costs related to a
    competitive lease procurement to renovate or replace the existing
    headquarters building for Public Health Service agencies and other
    components of the Department of Health and Human Services, $69,585,000,
    to remain available until expended.

                               General Provisions

        Sec. 201.  Funds appropriated in this title shall be available for
    not to exceed $50,000 for official reception and representation
    expenses when specifically approved by the Secretary of Health and
    Human Services.
        Sec. 202.  The Secretary of Health and Human Services shall make
    available through assignment not more than 60 employees of the Public
    Health Service to assist in child survival activities and to work in
    AIDS programs through and with funds provided by the Agency for
    International Development, the United Nations International Children's
    Emergency Fund or the World Health Organization.
        Sec. 203.  None of the funds appropriated in this Act for the
    National Institutes of Health, the Agency for Healthcare Research and
    Quality, and the Substance Abuse and Mental Health Services
    Administration shall be used to pay the salary of an individual,
    through a grant or other extramural mechanism, at a rate in excess of
    Executive Level I.
        Sec. 204.  None of the funds appropriated in this Act may be
    expended pursuant to section 241 of the Public Health Service Act,
    except for funds specifically provided for in this Act, or for other
    taps and assessments made by any office located in the Department of
    Health and Human Services, prior to the preparation and submission of a
    report by the Secretary of Health and Human Services to the Committees
    on Appropriations of the House of Representatives and the Senate
    detailing the planned uses of such funds.
        Sec. 205.  Notwithstanding section 241(a) of the Public Health
    Service Act, such portion as the Secretary of Health and Human Services
    shall determine, but not more than 2.5 percent, of any amounts
    appropriated for programs authorized under such Act shall be made
    available for the evaluation (directly, or by grants or contracts) of
    the implementation and effectiveness of such programs.

                              (transfer of funds)

        Sec. 206.  Not to exceed 1 percent of any discretionary funds
    (pursuant to the Balanced Budget and Emergency Deficit Control Act of
    1985) which are appropriated for the current fiscal year for the
    Department of Health and Human Services in this Act may be transferred
    between a program, project, or activity, but no such program, project,
    or activity shall be increased by more than 3 percent by any such
    transfer: Provided, That the transfer authority granted by this section
    shall be available only to meet emergency needs and shall not be used
    to create any new program or to fund any project or activity for which
    no funds are provided in this Act: Provided further, That the
    Committees on Appropriations of the House of Representatives and the
    Senate are notified at least 15 days in advance of any transfer.

                              (transfer of funds)

        Sec. 207.  The Director of the National Institutes of Health,
    jointly with the Director of the Office of AIDS Research, may transfer
    up to 3 percent among institutes and centers from the total amounts
    identified by these two Directors as funding for research pertaining to
    the human immunodeficiency virus: Provided, That the Committees on
    Appropriations of the House of Representatives and the Senate are
    notified at least 15 days in advance of any transfer.

                              (transfer of funds)

        Sec. 208.  Of the amounts made available in this Act for the
    National Institutes of Health, the amount for research related to the
    human immunodeficiency virus, as jointly determined by the Director of
    the National Institutes of Health and the Director of the Office of
    AIDS Research, shall be made available to the ``Office of AIDS Research
    Office'' account. The Director of the Office of AIDS Research shall
    transfer from such account amounts necessary to carry out section
    2353(d)(3) of the Public Health Service Act.
        Sec. 209.  None of the funds appropriated in this Act may be made
    available to any entity under title X of the Public Health Service Act
    unless the applicant for the award certifies to the Secretary of Health
    and Human Services that it encourages family participation in the
    decision of minors to seek family planning services and that it
    provides counseling to minors on how to resist attempts to coerce
    minors into engaging in sexual activities.
        Sec. 210.  Notwithstanding any other provision of law, no provider
    of services under title X of the Public Health Service Act shall be
    exempt from any State law requiring notification or the reporting of
    child abuse, child molestation, sexual abuse, rape, or incest.
        Sec. 211.  None of the funds appropriated by this Act (including
    funds appropriated to any trust fund) may be used to carry out the
    Medicare Advantage program if the Secretary of Health and Human
    Services denies participation in such program to an otherwise eligible
    entity (including a Provider Sponsored Organization) because the entity
    informs the Secretary that it will not provide, pay for, provide
    coverage of, or provide referrals for abortions: Provided, That the
    Secretary shall make appropriate prospective adjustments to the
    capitation payment to such an entity (based on an actuarially sound
    estimate of the expected costs of providing the service to such
    entity's enrollees): Provided further, That nothing in this section
    shall be construed to change the Medicare program's coverage for such
    services and a Medicare Advantage organization described in this
    section shall be responsible for informing enrollees where to obtain
    information about all Medicare covered services.
        Sec. 212. (a) Except as provided by subsection (e) none of the
    funds appropriated for fiscal year 2010 or any subsequent fiscal year
    by this or any subsequent appropriations Act may be used to withhold
    substance abuse funding from a State pursuant to section 1926 of the
    Public Health Service Act (``PHS Act'') if such State certifies to the
    Secretary of Health and Human Services by May 1 of the fiscal year for
    which the funds are appropriated, that the State will commit additional
    State funds, in accordance with subsection (b), to ensure compliance
    with State laws prohibiting the sale of tobacco products to individuals
    under 18 years of age.
        (b) The amount of funds to be committed by a State under subsection
    (a) shall be equal to 1 percent of such State's substance abuse block
    grant allocation for each percentage point by which the State misses
    the retailer compliance rate goal established by the Secretary under
    section 1926 of such Act.
        (c) The State is to maintain State expenditures in such fiscal year
    for tobacco prevention programs and for compliance activities at a
    level that is not less than the level of such expenditures maintained
    by the State for the preceding fiscal year, and adding to that level
    the additional funds for tobacco compliance activities required under
    subsection (a). The State is to submit a report to the Secretary on all
    State obligations of funds for such fiscal year and all State
    expenditures for the preceding fiscal year for tobacco prevention and
    compliance activities by program activity by July 31 of such fiscal
    year.
        (d) The Secretary shall exercise discretion in enforcing the timing
    of the State obligation of the additional funds required by the
    certification described in subsection (a) as late as July 31 of such
    fiscal year.
        (e) None of the funds appropriated by this or any subsequent
    appropriations Act may be used to withhold substance abuse funding
    pursuant to section 1926 of the PHS Act from a territory that receives
    less than $1,000,000.
        Sec. 213.  In order for the Department of Health and Human Services
    to carry out international health activities, including HIV/AIDS and
    other infectious disease, chronic and environmental disease, and other
    health activities abroad during fiscal year 2010:
            (1) The Secretary of Health and Human Services may exercise
        authority equivalent to that available to the Secretary of State in
        section 2(c) of the State Department Basic Authorities Act of 1956.
        The Secretary of Health and Human Services shall consult with the
        Secretary of State and relevant Chief of Mission to ensure that the
        authority provided in this section is exercised in a manner
        consistent with section 207 of the Foreign Service Act of 1980 and
        other applicable statutes administered by the Department of State.
            (2) The Secretary of Health and Human Services is authorized to
        provide such funds by advance or reimbursement to the Secretary of
        State as may be necessary to pay the costs of acquisition, lease,
        alteration, renovation, and management of facilities outside of the
        United States for the use of the Department of Health and Human
        Services. The Department of State shall cooperate fully with the
        Secretary of Health and Human Services to ensure that the
        Department of Health and Human Services has secure, safe,
        functional facilities that comply with applicable regulation
        governing location, setback, and other facilities requirements and
        serve the purposes established by this Act. The Secretary of Health
        and Human Services is authorized, in consultation with the
        Secretary of State, through grant or cooperative agreement, to make
        available to public or nonprofit private institutions or agencies
        in participating foreign countries, funds to acquire, lease, alter,
        or renovate facilities in those countries as necessary to conduct
        programs of assistance for international health activities,
        including activities relating to HIV/AIDS and other infectious
        diseases, chronic and environmental diseases, and other health
        activities abroad.
            (3) The Secretary of Health and Human Services is authorized to
        provide to personnel appointed or assigned by the Secretary to
        serve abroad, allowances and benefits similar to those provided
        under chapter 9 of title I of the Foreign Service Act of 1980, and
        22 U.S.C. 4081 through 4086 and subject to such regulations
        prescribed by the Secretary. The Secretary is further authorized to
        provide locality-based comparability payments (stated as a
        percentage) up to the amount of the locality-based comparability
        payment (stated as a percentage) that would be payable to such
        personnel under section 5304 of title 5, United States Code if such
        personnel's official duty station were in the District of Columbia.
        Leaves of absence for personnel under this subsection shall be on
        the same basis as that provided under subchapter I of chapter 63 of
        title 5, United States Code, or section 903 of the Foreign Service
        Act of 1980, to individuals serving in the Foreign Service.
        Sec. 214. (a) Authority.--Notwithstanding any other provision of
    law, the Director of the National Institutes of Health (``Director'')
    may use funds available under section 402(b)(7) or 402(b)(12) of the
    Public Health Service Act (``PHS Act'') to enter into transactions
    (other than contracts, cooperative agreements, or grants) to carry out
    research identified pursuant to such section 402(b)(7) (pertaining to
    the Common Fund) or research and activities described in such section
    402(b)(12).
        (b) Peer Review.--In entering into transactions under subsection
    (a), the Director may utilize such peer review procedures (including
    consultation with appropriate scientific experts) as the Director
    determines to be appropriate to obtain assessments of scientific and
    technical merit. Such procedures shall apply to such transactions in
    lieu of the peer review and advisory council review procedures that
    would otherwise be required under sections 301(a)(3), 405(b)(1)(B),
    405(b)(2), 406(a)(3)(A), 492, and 494 of the PHS Act.
        Sec. 215.  Funds which are available for Individual Learning
    Accounts for employees of the Centers for Disease Control and
    Prevention (``CDC'') and the Agency for Toxic Substances and Disease
    Registry (``ATSDR'') may be transferred to ``Disease Control, Research,
    and Training'', to be available only for Individual Learning Accounts:
    Provided, That such funds may be used for any individual full-time
    equivalent employee while such employee is employed either by CDC or
    ATSDR.
        Sec. 216.  Notwithstanding any other provisions of law, funds made
    available in this Act may be used to continue operating the Council on
    Graduate Medical Education established by section 301 of Public Law
    102-408.
        Sec. 217.  Not to exceed $35,000,000  of funds appropriated by this
    Act to the institutes and centers of the National Institutes of Health
    may be used for alteration, repair, or improvement of facilities, as
    necessary for the proper and efficient conduct of the activities
    authorized herein, at not to exceed $2,500,000 per project.

                              (transfer of funds)

        Sec. 218.  Of the amounts made available for the National
    Institutes of Health, 1 percent of the amount made available for
    National Research Service Awards (``NRSA'') shall be made available to
    the Administrator of the Health Resources and Services Administration
    to make NRSA awards for research in primary medical care to individuals
    affiliated with entities who have received grants or contracts under
    section 747 of the Public Health Service Act, and 1 percent of the
    amount made available for NRSA shall be made available to the Director
    of the Agency for Healthcare Research and Quality to make NRSA awards
    for health service research.
        Sec. 219.  By May 1, 2010, the Secretary of the Department of
    Health and Human Services shall amend regulations at 42 CFR Part 50
    Subpart F for the purpose of strengthening Federal and institutional
    oversight and identifying enhancements, including requirements for
    financial disclosure to institutions, governing financial conflicts of
    interest among extramural investigators receiving grant support from
    the National Institutes of Health.
        This title may be cited as the ``Department of Health and Human
    Services Appropriations Act, 2010''.

                                   TITLE III

                            DEPARTMENT OF EDUCATION

                        Education for the Disadvantaged

        For carrying out title I of the Elementary and Secondary Education
    Act of 1965 (``ESEA'') and section 418A of the Higher Education Act of
    1965, $15,914,666,000, of which $4,954,510,000 shall become available
    on July 1, 2010, and shall remain available through September 30, 2011,
    and of which $10,841,176,000 shall become available on October 1, 2010,
    and shall remain available through September 30, 2011, for academic
    year 2010-2011: Provided, That $6,597,946,000 shall be for basic grants
    under section 1124 of the ESEA: Provided further, That up to $4,000,000
    of these funds shall be available to the Secretary of Education on
    October 1, 2009, to obtain annually updated local educational-agency-
    level census poverty data from the Bureau of the Census: Provided
    further, That $1,365,031,000 shall be for concentration grants under
    section 1124A of the ESEA: Provided further, That $3,264,712,000 shall
    be for targeted grants under section 1125 of the ESEA: Provided
    further, That $3,264,712,000 shall be for education finance incentive
    grants under section 1125A of the ESEA: Provided further, That
    $9,167,000 shall be to carry out sections 1501 and 1503 of the ESEA:
    Provided further, That $545,633,000 shall be available for school
    improvement grants under section 1003(g) of the ESEA, which shall be
    allocated by the Secretary through the formula described in section
    1003(g)(2) and shall be used consistent with the requirements of
    section 1003(g), except that State and local educational agencies may
    use such funds (and funds appropriated for section 1003(g) under the
    American Recovery and Reinvestment Act) to serve any school eligible to
    receive assistance under part A of title I that has not made adequate
    yearly progress for at least 2 years or is in the State's lowest
    quintile of performance based on proficiency rates and, in the case of
    secondary schools, priority shall be given to those schools with
    graduation rates below 60 percent: Provided further, That
    notwithstanding section 1003(g)(5)(A), each State educational agency
    may establish a maximum subgrant size of not more than $2,000,000 for
    each participating school applicable to such funds and to the funds
    appropriated for section 1003(g) under the American Recovery and
    Reinvestment Act: Provided further, That the ESEA title I, part A funds
    awarded to local educational agencies under the American Recovery and
    Reinvestment Act of 2009 for fiscal year 2009 shall not be considered
    for the purpose of calculating hold-harmless amounts under subsections
    1122(c) and 1125A(g)(3) in making allocations under title I, part A for
    fiscal year 2010 and succeeding years and, notwithstanding section
    1003(e), shall not be considered for the purpose of reserving funds
    under section 1003(a): Provided further, That $250,000,000 shall be
    available under section 1502 of the ESEA for a comprehensive literacy
    development and education program to advance literacy skills, including
    pre-literacy skills, reading, and writing, for students from birth
    through grade 12, including limited-English-proficient students and
    students with disabilities, of which one-half of 1 percent shall be
    reserved for the Secretary of the Interior for such a program at
    schools funded by the Bureau of Indian Education, one-half of 1 percent
    shall be reserved for grants to the outlying areas for such a program,
    $10,000,000 shall be reserved for formula grants to States based on
    each State's relative share of funds under part A of title I of the
    ESEA for fiscal year 2009 (excluding funds awarded under the American
    Recovery and Reinvestment Act of 2009), except that no State shall
    receive less than $150,000, to establish or support a State Literacy
    Team with expertise in literacy development and education for children
    from birth through grade 12 to assist the State in developing a
    comprehensive literacy plan, up to 5 percent may be reserved for
    national activities, and the remainder shall be used to award
    competitive grants to State educational agencies for such a program, of
    which a State educational agency may reserve up to 5 percent for State
    leadership activities, including technical assistance and training,
    data collection, reporting, and administration, and shall subgrant not
    less than 95 percent to local educational agencies or, in the case of
    early literacy, to local educational agencies or other nonprofit
    providers of early childhood education that partner with a public or
    private nonprofit organization or agency with a demonstrated record of
    effectiveness in improving the early literacy development of children
    from birth through kindergarten entry and in providing professional
    development in early literacy, giving priority to such agencies or
    other entities serving greater numbers or percentages of disadvantaged
    children: Provided further, That the State educational agency shall
    ensure that at least 15 percent of the subgranted funds are used to
    serve children from birth through age 5, 40 percent are used to serve
    students in kindergarten through grade 5, and 40 percent are used to
    serve students in middle and high school including an equitable
    distribution of funds between middle and high schools: Provided
    further, That eligible entities receiving subgrants from State
    educational agencies shall use such funds for services and activities
    that have the characteristics of effective literacy instruction through
    professional development, screening and assessment, targeted
    interventions for students reading below grade level and other
    research-based methods of improving classroom instruction and practice.

                                   Impact Aid

        For carrying out programs of financial assistance to federally
    affected schools authorized by title VIII of the Elementary and
    Secondary Education Act of 1965, $1,276,183,000, of which
    $1,138,000,000 shall be for basic support payments under section
    8003(b), $48,602,000 shall be for payments for children with
    disabilities under section 8003(d), $17,509,000 shall be for
    construction under section 8007(a), $67,208,000 shall be for Federal
    property payments under section 8002, and $4,864,000, to remain
    available until expended, shall be for facilities maintenance under
    section 8008: Provided, That for purposes of computing the amount of a
    payment for an eligible local educational agency under section 8003(a)
    for school year 2009-2010, children enrolled in a school of such agency
    that would otherwise be eligible for payment under section
    8003(a)(1)(B) of such Act, but due to the deployment of both parents or
    legal guardians, or a parent or legal guardian having sole custody of
    such children, or due to the death of a military parent or legal
    guardian while on active duty (so long as such children reside on
    Federal property as described in section 8003(a)(1)(B)), are no longer
    eligible under such section, shall be considered as eligible students
    under such section, provided such students remain in average daily
    attendance at a school in the same local educational agency they
    attended prior to their change in eligibility status.

                          School Improvement Programs

        For carrying out school improvement activities authorized by parts
    A, B, and D of title II, part B of title IV, subparts 6 and 9 of part D
    of title V, parts A and B of title VI, and parts B and C of title VII
    of the Elementary and Secondary Education Act of 1965 (``ESEA''); the
    McKinney-Vento Homeless Assistance Act; section 203 of the Educational
    Technical Assistance Act of 2002; the Compact of Free Association
    Amendments Act of 2003; part Z of title VIII of the Higher Education
    Act (``HEA''); and the Civil Rights Act of 1964, $5,228,444,000, of
    which $3,363,993,000 shall become available on July 1, 2010, and remain
    available through September 30, 2011, and of which $1,681,441,000 shall
    become available on October 1, 2010, and shall remain available through
    September 30, 2011, for academic year 2010-2011: Provided, That funds
    made available to carry out part B of title VII of the ESEA may be used
    for construction, renovation, and modernization of any elementary
    school, secondary school, or structure related to an elementary school
    or secondary school, run by the Department of Education of the State of
    Hawaii, that serves a predominantly Native Hawaiian student body:
    Provided further, That from the funds referred to in the preceding
    proviso, not less than $1,500,000 shall be for the activities described
    in such proviso and $1,500,000 shall be for a grant to the University
    of Hawaii School of Law for a Center of Excellence in Native Hawaiian
    law: Provided further, That from the funds referred to in the second
    preceding proviso, $500,000 shall be for part Z of title VIII of the
    HEA: Provided further, That funds made available to carry out part C of
    title VII of the ESEA may be used for construction: Provided further,
    That up to 100 percent of the funds available to a State educational
    agency under part D of title II of the ESEA may be used for subgrants
    described in section 2412(a)(2)(B) of such Act: Provided further, That
    funds made available under this heading for section 2421 of the ESEA
    may be used for activities authorized under section 802 of the Higher
    Education Opportunity Act: Provided further, That $56,313,000 shall be
    available to carry out section 203 of the Educational Technical
    Assistance Act of 2002: Provided further, That $34,391,000 shall be
    available to carry out part D of title V of the ESEA: Provided further,
    That no funds appropriated under this heading may be used to carry out
    section 5494 under the ESEA: Provided further, That $17,687,000 shall
    be available to carry out the Supplemental Education Grants program for
    the Federated States of Micronesia and the Republic of the Marshall
    Islands: Provided further, That up to 5 percent of these amounts may be
    reserved by the Federated States of Micronesia and the Republic of the
    Marshall Islands to administer the Supplemental Education Grants
    programs and to obtain technical assistance, oversight and consultancy
    services in the administration of these grants and to reimburse the
    United States Departments of Labor, Health and Human Services, and
    Education for such services: Provided further, That $9,729,000 of the
    funds available for the Foreign Language Assistance Program shall be
    available for 5-year grants to local educational agencies that would
    work in partnership with one or more institutions of higher education
    to establish or expand articulated programs of study in languages
    critical to United States national security that will enable successful
    students to advance from elementary school through college to achieve a
    superior level of proficiency in those languages: Provided further,
    That of the funds available for section 2103(a) of the ESEA, $5,000,000
    shall be available to continue a national school leadership partnership
    initiative as described in the statement of the managers on the
    conference report accompanying this Act.

                                Indian Education

        For expenses necessary to carry out, to the extent not otherwise
    provided, title VII, part A of the Elementary and Secondary Education
    Act of 1965, $127,282,000.

                           Innovation and Improvement

        For carrying out activities authorized by part G of title I,
    subpart 5 of part A and parts C and D of title II, parts B, C, and D of
    title V, and section 1504 of the Elementary and Secondary Education Act
    of 1965 (``ESEA''), and by part F of title VIII of the Higher Education
    Act of 1965, $1,389,065,000: Provided, That $10,649,000 shall be
    provided to the National Board for Professional Teaching Standards to
    carry out section 2151(c) of the ESEA: Provided further, That from
    funds for subpart 4, part C of title II of the ESEA, up to 3 percent
    shall be available to the Secretary of Education for technical
    assistance and dissemination of information: Provided further, That
    $671,570,000 shall be available to carry out part D of title V of the
    ESEA: Provided further, That $88,791,000 shall be used for the
    projects, and in the amounts, specified in the statement of the
    managers on the conference report accompanying this Act: Provided
    further, That $1,000,000 shall be for a national clearinghouse that
    will collect and disseminate information on effective educational
    practices and the latest research regarding the planning, design,
    financing, construction, improvement, operation, and maintenance of
    safe, healthy, high-performance public facilities for nursery and pre-
    kindergarten, kindergarten through grade 12, and higher education:
    Provided further, That $400,000,000 of the funds for subpart 1 of part
    D of title V of the ESEA shall be for competitive grants to local
    educational agencies, including charter schools that are local
    educational agencies, or States, or partnerships of: (1) a local
    educational agency, a State, or both; and (2) at least one non-profit
    organization to develop and implement performance-based compensation
    systems for teachers, principals, and other personnel in high-need
    schools: Provided further, That such performance-based compensation
    systems must consider gains in student academic achievement as well as
    classroom evaluations conducted multiple times during each school year
    among other factors and provide educators with incentives to take on
    additional responsibilities and leadership roles: Provided further,
    That recipients of such grants shall demonstrate that such performance-
    based systems are developed with the input of teachers and school
    leaders in the schools and local educational agencies to be served by
    the grant: Provided further, That recipients of such grants may use
    such funds to develop or improve systems and tools (which may be
    developed and used for the entire local educational agency or only for
    schools served under the grant) that would enhance the quality and
    success of the compensation system, such as high-quality teacher
    evaluations and tools to measure growth in student achievement:
    Provided further, That applications for such grants shall include a
    plan to sustain financially the activities conducted and systems
    developed under the grant once the grant period has expired: Provided
    further, That up to 5 percent of such funds for competitive grants
    shall be available for technical assistance, training, peer review of
    applications, program outreach and evaluation activities: Provided
    further, That of the funds available for part B of title V of the ESEA,
    the Secretary shall use up to $23,082,000 to carry out activities under
    section 5205(b) and under subpart 2: Provided further, That of the
    funds available for subpart 1 of part B of title V of the ESEA, and
    notwithstanding section 5205(a), the Secretary may reserve up to
    $50,000,000 to make multiple awards to non-profit charter management
    organizations and other entities that are not for-profit entities for
    the replication and expansion of successful charter school models and
    shall reserve $10,000,000 to carry out the activities described in
    section 5205(a), including by providing technical assistance to
    authorized public chartering agencies in order to increase the number
    of high-performing charter schools: Provided further, That the funds
    referenced in the preceding proviso shall not be obligated prior to
    submission of a report to the Committees on Appropriations of the House
    of Representatives and the Senate detailing the planned uses of such
    funds: Provided further, That each application submitted pursuant to
    section 5203(a) shall describe a plan to monitor and hold accountable
    authorized public chartering agencies through such activities as
    providing technical assistance or establishing a professional
    development program, which may include planning, training and systems
    development for staff of authorized public chartering agencies to
    improve the capacity of such agencies in the State to authorize,
    monitor, and hold accountable charter schools: Provided further, That
    each application submitted pursuant to section 5203(a) shall contain
    assurances that State law, regulations, or other policies require that:
    (1) each authorized charter school in the State operate under a legally
    binding charter or performance contract between itself and the school's
    authorized public chartering agency that describes the obligations and
    responsibilities of the school and the public chartering agency;
    conduct annual, timely, and independent audits of the school's
    financial statements that are filed with the school's authorized public
    chartering agency; and demonstrate improved student academic
    achievement; and (2) authorized public chartering agencies use
    increases in student academic achievement for all groups of students
    described in section 1111(b)(2)(C)(v) of the ESEA as the most important
    factor when determining to renew or revoke a school's charter: Provided
    further, That from the funds for subpart 1 of part D of title V of the
    ESEA, $12,000,000 shall be for competitive awards to local educational
    agencies located in counties in Louisiana, Mississippi, and Texas that
    were designated by the Federal Emergency Management Agency as counties
    eligible for individual assistance due to damage caused by Hurricanes
    Katrina, Ike, or Gustav: Provided further, That such awards shall be
    used to improve education in areas affected by such hurricanes and
    shall be for such activities as replacing instructional materials and
    equipment; paying teacher incentives; modernizing or renovating or
    repairing school buildings; beginning or expanding Advanced Placement
    or other rigorous courses; supporting the expansion of charter schools;
    and supporting after-school or extended learning time activities.

                     Safe Schools and Citizenship Education

        For carrying out activities authorized by subpart 3 of part C of
    title II, part A of title IV, and subparts 2, 3 and 10 of part D of
    title V of the Elementary and Secondary Education Act of 1965,
    $393,053,000: Provided, That $224,053,000 shall be available for
    subpart 2 of part A of title IV, of which $8,212,000 shall be used for
    activities authorized under subpart 3 of part D of title V: Provided
    further, That $134,000,000 shall be available to carry out part D of
    title V: Provided further, That of the funds available to carry out
    subpart 3 of part C of title II, up to $13,383,000 may be used to carry
    out section 2345 and $2,957,000 shall be used by the Center for Civic
    Education to implement a comprehensive program to improve public
    knowledge, understanding, and support of the Congress and the State
    legislatures.

                          English Language Acquisition

        For carrying out part A of title III of the Elementary and
    Secondary Education Act of 1965, $750,000,000, which shall become
    available on July 1, 2010, and shall remain available through September
    30, 2011, except that 6.5 percent of such amount shall be available on
    October 1, 2009, and shall remain available through September 30, 2011,
    to carry out activities under section 3111(c)(1)(C): Provided, That the
    Secretary of Education shall use estimates of the American Community
    Survey child counts for the most recent 3-year period available to
    calculate allocations under such part.

                               Special Education

        For carrying out the Individuals with Disabilities Education Act
    (``IDEA'') and the Special Olympics Sport and Empowerment Act of 2004,
    $12,587,035,000, of which $3,726,354,000 shall become available on July
    1, 2010, and shall remain available through September 30, 2011, and of
    which $8,592,383,000 shall become available on October 1, 2010, and
    shall remain available through September 30, 2011, for academic year
    2010-2011: Provided, That $13,250,000 shall be for Recording for the
    Blind and Dyslexic, Inc., to support the development, production, and
    circulation of accessible educational materials: Provided further, That
    $737,000 shall be for the recipient of funds provided by Public Law
    105-78 under section 687(b)(2)(G) of the IDEA (as in effect prior to
    the enactment of the Individuals with Disabilities Education
    Improvement Act of 2004) to provide information on diagnosis,
    intervention, and teaching strategies for children with disabilities:
    Provided further, That the amount for section 611(b)(2) of the IDEA
    shall be equal to the lesser of the amount available for that activity
    during fiscal year 2009, increased by the amount of inflation as
    specified in section 619(d)(2)(B) of the IDEA, or the percent change in
    the funds appropriated under section 611(i) of the IDEA, but not less
    than the amount for that activity during fiscal year 2009: Provided
    further, That the part B and C funds awarded to States under the
    American Recovery and Reinvestment Act of 2009 for fiscal year 2009
    shall not be considered for the purposes of calculating State
    allocations under sections 611, 619, and 643 for fiscal year 2010 and
    succeeding years: Provided further, That funds made available for the
    Special Olympics Sport and Empowerment Act of 2004 may be used to
    support expenses associated with the Special Olympics National and
    World games.

                Rehabilitation Services and Disability Research

        For carrying out, to the extent not otherwise provided, the
    Rehabilitation Act of 1973, the Assistive Technology Act of 1998, and
    the Helen Keller National Center Act, $3,506,861,000: Provided, That
    for purposes of determining whether a State may administer the Centers
    for Independent Living program under section 723 of the Rehabilitation
    Act, for fiscal year 2010, the Secretary shall exclude American
    Recovery and Reinvestment Act of 2009 funds awarded in fiscal year 2009
    from the calculation of Federal funding allotted under section 721(c)
    and (d) of the Rehabilitation Act: Provided further, That $5,095,000
    shall be used for the projects, and in the amounts, specified under the
    heading ``Rehabilitation Services and Disability Research'' in the
    statement of the managers on the conference report accompanying this
    Act.

               Special Institutions for Persons With Disabilities

                     american printing house for the blind

        For carrying out the Act of March 3, 1879, $24,600,000.

                   national technical institute for the deaf

        For the National Technical Institute for the Deaf under titles I
    and II of the Education of the Deaf Act of 1986, $68,437,000, of which
    $5,400,000 shall be for construction and shall remain available until
    expended: Provided, That from the total amount available, the Institute
    may at its discretion use funds for the endowment program as authorized
    under section 207 of such Act.

                              gallaudet university

        For the Kendall Demonstration Elementary School, the Model
    Secondary School for the Deaf, and the partial support of Gallaudet
    University under titles I and II of the Education of the Deaf Act of
    1986, $123,000,000, of which $5,000,000 shall be for construction and
    shall remain available until expended: Provided, That from the total
    amount available, the University may at its discretion use funds for
    the endowment program as authorized under section 207 of such Act.

                     Career, Technical, and Adult Education

        For carrying out, to the extent not otherwise provided, the Carl D.
    Perkins Career and Technical Education Act of 2006, the Adult Education
    and Family Literacy Act (``AEFLA''), subpart 4 of part D of title V of
    the Elementary and Secondary Education Act of 1965 (``ESEA'') and title
    VIII-D of the Higher Education Amendments of 1998, $2,016,447,000, of
    which $4,400,000 shall become available on October 1, 2009, and remain
    available through September 30, 2011, of which $1,221,047,000 shall
    become available on July 1, 2010, and shall remain available through
    September 30, 2011, and of which $791,000,000 shall become available on
    October 1, 2010, and shall remain available through September 30, 2011:
    Provided, That in allocating AEFLA State grants, the Secretary of
    Education shall first distribute up to $45,907,000 to those States and
    outlying areas that, due to administrative error, were underpaid for
    fiscal years 2003 through 2008 in the amounts such States and outlying
    areas were underpaid: Provided further, That the Secretary shall not
    reduce the allocations for those years to the States and outlying areas
    that were overpaid through such error, or take other corrective action
    with respect to those overpayments: Provided further, That the
    additional funds provided to States and outlying areas to correct the
    administrative error shall not be considered in determining the ``hold
    harmless'' amounts under section 211(f) of the AEFLA for fiscal year
    2011 or subsequent fiscal years: Provided further, That of the amount
    provided for Adult Education State Grants, $75,000,000 shall be made
    available for integrated English literacy and civics education services
    to immigrants and other limited English proficient populations:
    Provided further, That of the amount reserved for integrated English
    literacy and civics education, notwithstanding section 211 of the
    AEFLA, 65 percent shall be allocated to States based on a State's
    absolute need as determined by calculating each State's share of a 10-
    year average of the United States Citizenship and Immigration Services
    data for immigrants admitted for legal permanent residence for the 10
    most recent years, and 35 percent allocated to States that experienced
    growth as measured by the average of the 3 most recent years for which
    United States Citizenship and Immigration Services data for immigrants
    admitted for legal permanent residence are available, except that no
    State shall be allocated an amount less than $60,000: Provided further,
    That of the amounts made available for AEFLA, $11,346,000 shall be for
    national leadership activities under section 243: Provided further,
    That $88,000,000 shall be available to support the activities
    authorized under subpart 4 of part D of title V of the ESEA, of which
    up to 5 percent shall become available on October 1, 2009, and shall
    remain available through September 30, 2011, for evaluation, technical
    assistance, school networks, peer review of applications, and program
    outreach activities, and of which not less than 95 percent shall become
    available on July 1, 2010, and remain available through September 30,
    2011, for grants to local educational agencies: Provided further, That
    funds made available to local educational agencies under this subpart
    shall be used only for activities related to establishing smaller
    learning communities within large high schools or small high schools
    that provide alternatives for students enrolled in large high schools:
    Provided further, That the Secretary of Education may use amounts
    available under this heading for the necessary costs of any closeout of
    the National Institute for Literacy.

                          Student Financial Assistance

                         (including deferral of funds)

        For carrying out subparts 1, 3, and 4 of part A, part C and part E
    of title IV of the Higher Education Act of 1965, $19,296,809,000, which
    shall remain available through September 30, 2011.
        The maximum Pell Grant for which a student shall be eligible during
    award year 2010-2011 shall be $4,860.
        Of the funds made available under section 401A(e)(1)(D) of the
    Higher Education Act of 1965, $561,000,000 shall not be available until
    October 1, 2010.

                           Student Aid Administration

        For Federal administrative expenses to carry out part D of title I,
    and subparts 1, 3, 4, and 9 of part A, and parts B, C, D, and E of
    title IV of the Higher Education Act of 1965, $870,402,000, which shall
    remain available until expended.

                                Higher Education

        For carrying out, to the extent not otherwise provided, titles II,
    III, IV, V, VI, VII, and VIII of the Higher Education Act of 1965
    (``HEA''), section 1543 of the Higher Education Amendments of 1992, the
    Mutual Educational and Cultural Exchange Act of 1961, title VIII of the
    Higher Education Amendments of 1998, part I of subtitle A of title VI
    of the America COMPETES Act, and section 117 of the Carl D. Perkins
    Career and Technical Education Act of 2006, $2,255,665,000: Provided,
    That $9,687,000, to remain available through September 30, 2011, shall
    be available to fund fellowships for academic year 2011-2012 under
    subpart 1 of part A of title VII of the HEA, under the terms and
    conditions of such subpart 1: Provided further, That $609,000 shall be
    for data collection and evaluation activities for programs under the
    HEA, including such activities needed to comply with the Government
    Performance and Results Act of 1993: Provided further, That
    notwithstanding any other provision of law, funds made available in
    this Act to carry out title VI of the HEA and section 102(b)(6) of the
    Mutual Educational and Cultural Exchange Act of 1961 may be used to
    support visits and study in foreign countries by individuals who are
    participating in advanced foreign language training and international
    studies in areas that are vital to United States national security and
    who plan to apply their language skills and knowledge of these
    countries in the fields of government, the professions, or
    international development: Provided further, That of the funds referred
    to in the preceding proviso up to 1 percent may be used for program
    evaluation, national outreach, and information dissemination
    activities: Provided further, That notwithstanding any other provision
    of law, a recipient of a multi-year award under section 316 of the HEA,
    as that section was in effect prior to the date of enactment of the
    Higher Education Opportunity Act (``HEOA''), that would have otherwise
    received a continuation award for fiscal year 2010 under that section,
    shall receive under section 316, as amended by the HEOA, not less than
    the amount that such recipient would have received under such a
    continuation award: Provided further, That the portion of the funds
    received under section 316 by a recipient described in the preceding
    proviso that is equal to the amount of such continuation award shall be
    used in accordance with the terms of such continuation award: Provided
    further, That $1,500,000, to remain available until expended, shall be
    available to carry out a scholarship program for the purpose of
    increasing the skilled workforce for industrial health and safety
    occupations, including mine safety: Provided further, That the
    Secretary of Education shall identify these scholarships as ``Erma Byrd
    Scholarships'': Provided further, That such scholarships shall be
    awarded without regard to an applicant's prior work experience, but the
    Secretary shall, notwithstanding section 437 of the General Education
    Provisions Act and 5 U.S.C. 553, by notice in the Federal Register,
    establish the eligibility requirements, service obligations, payback
    requirements, and other program requirements similar to those specified
    in section 515 of the Federal Mine Safety and Health Act as are
    necessary to implement such a program: Provided further, That such
    scholarship funds may be used to replace a student's expected family
    contribution, but institutions accepting such scholarship funds may not
    use these funds to supplant existing institutional aid: Provided
    further, That the Secretary shall be authorized to accept contributions
    for such scholarships from private sources: Provided further, That
    these funds shall be used for scholarships for academic year 2010-2011
    and may be available for scholarships in academic year 2011-2012:
    Provided further, That $101,507,000 shall be used for the projects, and
    in the amounts, specified under the heading ``Higher Education'' in the
    statement of the managers on the conference report accompanying this
    Act: provided further, That $17,750,000 shall be used for the programs
    specified under the ``Fund for the Improvement of Post Secondary
    Education'' in the statement of the managers in accordance with the
    specified sections.

                               Howard University

        For partial support of Howard University, $234,977,000, of which
    not less than $3,600,000 shall be for a matching endowment grant
    pursuant to the Howard University Endowment Act and shall remain
    available until expended.

             College Housing and Academic Facilities Loans Program

        For Federal administrative expenses to carry out activities related
    to existing facility loans pursuant to section 121 of the Higher
    Education Act of 1965, $461,000.

      Historically Black College and University Capital Financing Program
                                    Account

        For the cost of guaranteed loans, $20,228,000, as authorized
    pursuant to part D of title III of the Higher Education Act of 1965
    (``HEA''): Provided, That such costs, including the cost of modifying
    such loans, shall be as defined in section 502 of the Congressional
    Budget Act of 1974: Provided further, That these funds are available to
    subsidize total loan principal, any part of which is to be guaranteed,
    not to exceed $178,221,000.
        In addition, for administrative expenses to carry out the
    Historically Black College and University Capital Financing Program
    entered into pursuant to part D of title III of the HEA, $354,000.

                        Institute of Education Sciences

        For carrying out activities authorized by the Education Sciences
    Reform Act of 2002, the National Assessment of Educational Progress
    Authorization Act, section 208 of the Educational Technical Assistance
    Act of 2002, and section 664 of the Individuals with Disabilities
    Education Act, $659,006,000, of which $588,356,000 shall be available
    through September 30, 2011: Provided, That funds available to carry out
    section 208 of the Educational Technical Assistance Act may be used for
    Statewide data systems that include postsecondary and workforce
    information and information on children of all ages: Provided further,
    That up to $10,000,000 of the funds available to carry out section 208
    of the Educational Technical Assistance Act may be used for State data
    coordinators and for awards to public or private organizations or
    agencies to improve data coordination, quality, and use.

                            Departmental Management

                             program administration

        For carrying out, to the extent not otherwise provided, the
    Department of Education Organization Act, including rental of
    conference rooms in the District of Columbia and hire of three
    passenger motor vehicles, $456,200,000, of which $8,200,000, to remain
    available until expended, shall be for relocation of, and renovation of
    buildings occupied by, Department staff.

                            office for civil rights

        For expenses necessary for the Office for Civil Rights, as
    authorized by section 203 of the Department of Education Organization
    Act, $103,024,000.

                        office of the inspector general

        For expenses necessary for the Office of the Inspector General, as
    authorized by section 212 of the Department of Education Organization
    Act, $60,053,000.

                               General Provisions

        Sec. 301.  No funds appropriated in this Act may be used for the
    transportation of students or teachers (or for the purchase of
    equipment for such transportation) in order to overcome racial
    imbalance in any school or school system, or for the transportation of
    students or teachers (or for the purchase of equipment for such
    transportation) in order to carry out a plan of racial desegregation of
    any school or school system.
        Sec. 302.  None of the funds contained in this Act shall be used to
    require, directly or indirectly, the transportation of any student to a
    school other than the school which is nearest the student's home,
    except for a student requiring special education, to the school
    offering such special education, in order to comply with title VI of
    the Civil Rights Act of 1964. For the purpose of this section an
    indirect requirement of transportation of students includes the
    transportation of students to carry out a plan involving the
    reorganization of the grade structure of schools, the pairing of
    schools, or the clustering of schools, or any combination of grade
    restructuring, pairing or clustering. The prohibition described in this
    section does not include the establishment of magnet schools.
        Sec. 303.  No funds appropriated in this Act may be used to prevent
    the implementation of programs of voluntary prayer and meditation in
    the public schools.

                              (transfer of funds)

        Sec. 304.  Not to exceed 1 percent of any discretionary funds
    (pursuant to the Balanced Budget and Emergency Deficit Control Act of
    1985) which are appropriated for the Department of Education in this
    Act may be transferred between appropriations, but no such
    appropriation shall be increased by more than 3 percent by any such
    transfer: Provided, That the transfer authority granted by this section
    shall be available only to meet emergency needs and shall not be used
    to create any new program or to fund any project or activity for which
    no funds are provided in this Act: Provided further, That the
    Committees on Appropriations of the House of Representatives and the
    Senate are notified at least 15 days in advance of any transfer.
        Sec. 305.  The Outlying Areas may consolidate funds received under
    this Act, pursuant to 48 U.S.C. 1469a, under part A of title V of the
    Elementary and Secondary Education Act.
        Sec. 306.  None of the funds made available in the sixth proviso
    under the heading ``Innovation and Improvement'' in this Act shall be
    made available for new awards under the Teacher Incentive Fund prior to
    the submission of an impact evaluation plan to the Committees on
    Appropriations of the House of Representatives and the Senate.
        Sec. 307.  Section 14007 of division A of the American Recovery and
    Reinvestment Act of 2009 is amended--
            (1) by amending subsection (a)(3) to read as follows:
            ``(3) Purpose of awards.--The Secretary shall make awards to
        eligible entities in order to identify, document, and bring to
        scale innovative best practices based on demonstrated success, to
        allow such eligible entities to--
                ``(A) expand their work and serve as models for best
            practices; and
                ``(B) work in partnership with the private sector and the
            philanthropic community.'';
            (2) in subsection (b)--
                (A) by redesignating paragraphs (1) through (4) as
            paragraphs (1)(A), (1)(B), (2), and (3), respectively;
                (B) in paragraph (1)(A), as so redesignated, by inserting
            ``or'' after the semicolon;
                (C) by amending paragraph (1)(B), as so redesignated, to
            read as follows:
            ``(B) have demonstrated success in significantly increasing
        student academic achievement for all groups of students described
        in such section;''; and
                (D) in paragraph (3), as so redesignated, by striking
            ``they have established partnerships'' and inserting ``it has
            established one or more partnerships'';
            (3) in subsection (c), by striking ``paragraphs'' and all that
        follows through ``such requirements'' and inserting ``paragraphs
        (1)(A) or (1)(B) and (2) of subsection (b) if the nonprofit
        organization has a record of significantly improving student
        achievement, attainment, or retention and shall be considered to
        have met the requirements of subsection (b)(3) if it demonstrates
        that it will meet the requirement relating to private-sector
        matching''; and
            (4) by adding at the end a new subsection (d) to read as
        follows:
        ``(d) Subgrants.--In the case of an eligible entity that is a
    partnership described in subsection (a)(1)(B), the partner serving as
    the fiscal agent may make subgrants to one or more of the other
    entities in the partnership.''.
        Sec. 308.  Section 307 of the Departments of Labor, Health and
    Human Services, and Education, and Related Agencies Appropriations Act,
    2008 is amended by striking ``and 2009'' each place the term occurs and
    inserting ``through 2011''.
        Sec. 309.  Section 105(f)(1)(B)(ix) of the Compact of Free
    Association Amendments Act of 2003 (48 U.S.C. 1921d(f)(1)(B)(ix)) shall
    be applied by substituting ``2010'' for ``2009''.
        Sec. 310.  Section 14006(c) of division A of the American Recovery
    and Reinvestment Act of 2009 (Public Law 111-5) is amended--
            (1) by inserting ``(1) In general.--'' before ``Each State'';
        and
            (2) by adding a new paragraph (2) at the end to read as
        follows:
            ``(2) Exception.--Paragraph (1) does not apply to grants made
        by the Secretary to consortia of States to develop academic
        assessments that are aligned with academic standards.''.
        This title may be cited as the ``Department of Education
    Appropriations Act, 2010''.

                                    TITLE IV

                                RELATED AGENCIES

     Committee for Purchase From People Who Are Blind or Severely Disabled

                             salaries and expenses

        For expenses necessary for the Committee for Purchase From People
    Who Are Blind or Severely Disabled established by Public Law 92-28,
    $5,396,000.

                 Corporation for National and Community Service

                               operating expenses

        For necessary expenses for the Corporation for National and
    Community Service (``the Corporation'') to carry out the Domestic
    Volunteer Service Act of 1973 (``1973 Act'') and the National and
    Community Service Act of 1990 (``1990 Act''), $857,021,000, of which
    $319,974,000 shall be to carry out the 1973 Act and $537,047,000 shall
    be to carry out the 1990 Act and notwithstanding sections 198B(b)(3),
    198S(g), 501(a)(4)(C), and 501(a)(4)(F) of the 1990 Act: Provided, That
    of the amounts provided under this heading: (1) up to 1 percent of
    program grant funds may be used to defray the costs of conducting grant
    application reviews, including the use of outside peer reviewers and
    electronic management of the grants cycle; (2) $50,000,000 shall be
    available for expenses authorized under section 501(a)(4)(E) of the
    1990 Act; (3) $7,500,000 shall be available for expenses to carry out
    sections 112(e), 179A, and 198O and subtitle J of title I of the 1990
    Act, notwithstanding section 501(a)(6) of the 1990 Act; (4) $5,000,000
    shall be available for grants to public or private nonprofit
    institutions to increase the participation of individuals with
    disabilities in national service and for demonstration activities in
    furtherance of this purpose, notwithstanding section 129(k)(1) of the
    1990 Act; (5) $17,000,000 shall be available to provide assistance to
    State commissions on national and community service, under section
    126(a) of the 1990 Act and notwithstanding section 501(a)(5)(B) of the
    1990 Act; (6) $29,000,000 shall be available to carry out subtitle E of
    the 1990 Act; and (7) $4,000,000 shall be available for expenses
    authorized under section 501(a)(4)(F) of the 1990 Act, which,
    notwithstanding the provisions of section 198P shall be awarded by the
    Corporation on a competitive basis to State commissions.

                             national service trust

                         (including transfer of funds)

        For necessary expenses for the National Service Trust established
    under subtitle D of title I of the National and Community Service Act
    of 1990 (``1990 Act''), $197,000,000, to remain available until
    expended: Provided, That the Corporation for National and Community
    Service may transfer additional funds from the amount provided within
    ``Operating Expenses'' allocated to grants under subtitle C of title I
    of the 1990 Act to the National Service Trust upon determination that
    such transfer is necessary to support the activities of national
    service participants and after notice is transmitted to the Committees
    on Appropriations of the House of Representatives and the Senate:
    Provided further, That amounts appropriated for or transferred to the
    National Service Trust may be invested under section 145(b) of the 1990
    Act without regard to the requirement to apportion funds under 31
    U.S.C. 1513(b).

                             salaries and expenses

        For necessary expenses of administration as provided under section
    501(a)(5) of the National and Community Service Act of 1990 and under
    section 504(a) of the Domestic Volunteer Service Act of 1973, including
    payment of salaries, authorized travel, hire of passenger motor
    vehicles, the rental of conference rooms in the District of Columbia,
    the employment of experts and consultants authorized under 5 U.S.C.
    3109, and not to exceed $2,500 for official reception and
    representation expenses, $88,000,000.

                          office of inspector general

        For necessary expenses of the Office of Inspector General in
    carrying out the Inspector General Act of 1978, $7,700,000.

                           administrative provisions

        Sec. 401.  The Corporation for National and Community Service
    (``the Corporation'') shall make any significant changes to program
    requirements, service delivery or policy only through public notice and
    comment rulemaking. For fiscal year 2010, during any grant selection
    process, an officer or employee of the Corporation shall not knowingly
    disclose any covered grant selection information regarding such
    selection, directly or indirectly, to any person other than an officer
    or employee of the Corporation that is authorized by the Corporation to
    receive such information.
        Sec. 402.  AmeriCorps programs receiving grants under the National
    Service Trust program shall meet an overall minimum share requirement
    of 24 percent for the first 3 years that they receive AmeriCorps
    funding, and thereafter shall meet the overall minimum share
    requirement as provided in section 2521.60 of title 45, Code of Federal
    Regulations, without regard to the operating costs match requirement in
    section 121(e) or the member support Federal share limitations in
    section 140 of the National and Community Service Act of 1990, and
    subject to partial waiver consistent with section 2521.70 of title 45,
    Code of Federal Regulations.
        Sec. 403.  Donations made to the Corporation for National and
    Community Service under section 196 of the National and Community
    Service Act of 1990 (``1990 Act'') for the purposes of financing
    programs and operations under titles I and II of the 1973 Act or
    subtitle B, C, D, or E of title I of the 1990 Act shall be used to
    supplement and not supplant current programs and operations.

                      Corporation for Public Broadcasting

        For payment to the Corporation for Public Broadcasting
    (``Corporation''), as authorized by the Communications Act of 1934, an
    amount which shall be available within limitations specified by that
    Act, for the fiscal year 2012, $445,000,000: Provided, That none of the
    funds made available to the Corporation by this Act shall be used to
    pay for receptions, parties, or similar forms of entertainment for
    Government officials or employees: Provided further, That none of the
    funds made available to the Corporation by this Act shall be available
    or used to aid or support any program or activity from which any person
    is excluded, or is denied benefits, or is discriminated against, on the
    basis of race, color, national origin, religion, or sex: Provided
    further, That none of the funds made available to the Corporation by
    this Act shall be used to apply any political test or qualification in
    selecting, appointing, promoting, or taking any other personnel action
    with respect to officers, agents, and employees of the Corporation:
    Provided further, That none of the funds made available to the
    Corporation by this Act shall be used to support the Television Future
    Fund or any similar purpose. In addition, for payment to the
    Corporation for fiscal year 2010, $86,000,000 as follows:
            (1) $25,000,000 shall be for fiscal stabilization grants to
        public radio and television licensees, with no deduction for
        administrative or other costs of the Corporation, to maintain local
        programming and services and preserve jobs threatened by declines
        in non-Federal revenues due to the downturn in the economy, to be
        awarded no later than 45 days after enactment of this Act;
            (2) $36,000,000 shall be for costs related to digital program
        production, development, and distribution associated with the
        transition of public broadcasting to digital broadcasting, to be
        awarded as determined by the Corporation in consultation with
        public radio and television licensees or permittees, or their
        designated representatives; and
            (3) $25,000,000 is available pursuant to section 396(k)(10) of
        the Communications Act of 1934 for replacement and upgrade of the
        public radio interconnection system.

                   Federal Mediation and Conciliation Service

                             salaries and expenses

        For expenses necessary for the Federal Mediation and Conciliation
    Service (``Service'') to carry out the functions vested in it by the
    Labor Management Relations Act, 1947, including hire of passenger motor
    vehicles; for expenses necessary for the Labor-Management Cooperation
    Act of 1978; and for expenses necessary for the Service to carry out
    the functions vested in it by the Civil Service Reform Act,
    $46,652,000, including $349,000 for activities authorized by the Labor-
    Management Cooperation Act of 1978: Provided, That notwithstanding 31
    U.S.C. 3302, fees charged, up to full-cost recovery, for special
    training activities and other conflict resolution services and
    technical assistance, including those provided to foreign governments
    and international organizations, and for arbitration services shall be
    credited to and merged with this account, and shall remain available
    until expended: Provided further, That fees for arbitration services
    shall be available only for education, training, and professional
    development of the agency workforce: Provided further, That the
    Director of the Service is authorized to accept and use on behalf of
    the United States gifts of services and real, personal, or other
    property in the aid of any projects or functions within the Director's
    jurisdiction.

                Federal Mine Safety and Health Review Commission

                             salaries and expenses

        For expenses necessary for the Federal Mine Safety and Health
    Review Commission, $10,358,000.

                    Institute of Museum and Library Services

        office of museum and library services: grants and administration

        For carrying out the Museum and Library Services Act of 1996 and
    the National Museum of African American History and Culture Act,
    $282,251,000, of which $16,382,000 shall be used for the projects, and
    in the amounts, specified under the heading ``Office of Museum and
    Library Services: Grants and Administration'' in the statement of the
    managers on the conference report accompanying this Act.

                      Medicare Payment Advisory Commission

                             salaries and expenses

        For expenses necessary to carry out section 1805 of the Social
    Security Act, $11,800,000, to be transferred to this appropriation from
    the Federal Hospital Insurance Trust Fund and the Federal Supplementary
    Medical Insurance Trust Fund.

                         National Council on Disability

                             salaries and expenses

        For expenses necessary for the National Council on Disability as
    authorized by title IV of the Rehabilitation Act of 1973, $3,271,000.

                         National Labor Relations Board

                             salaries and expenses

        For expenses necessary for the National Labor Relations Board to
    carry out the functions vested in it by the Labor-Management Relations
    Act, 1947, and other laws, $283,400,000: Provided, That no part of this
    appropriation shall be available to organize or assist in organizing
    agricultural laborers or used in connection with investigations,
    hearings, directives, or orders concerning bargaining units composed of
    agricultural laborers as referred to in section 2(3) of the Act of July
    5, 1935, and as amended by the Labor-Management Relations Act, 1947,
    and as defined in section 3(f) of the Act of June 25, 1938, and
    including in said definition employees engaged in the maintenance and
    operation of ditches, canals, reservoirs, and waterways when maintained
    or operated on a mutual, nonprofit basis and at least 95 percent of the
    water stored or supplied thereby is used for farming purposes.

                            National Mediation Board

                             salaries and expenses

        For expenses necessary to carry out the provisions of the Railway
    Labor Act, including emergency boards appointed by the President,
    $13,463,000.

                Occupational Safety and Health Review Commission

                             salaries and expenses

        For expenses necessary for the Occupational Safety and Health
    Review Commission, $11,712,000.

                           Railroad Retirement Board

                         dual benefits payments account

        For payment to the Dual Benefits Payments Account, authorized under
    section 15(d) of the Railroad Retirement Act of 1974, $64,000,000,
    which shall include amounts becoming available in fiscal year 2010
    pursuant to section 224(c)(1)(B) of Public Law 98-76; and in addition,
    an amount, not to exceed 2 percent of the amount provided herein, shall
    be available proportional to the amount by which the product of
    recipients and the average benefit received exceeds the amount
    available for payment of vested dual benefits: Provided, That the total
    amount provided herein shall be credited in 12 approximately equal
    amounts on the first day of each month in the fiscal year.

              federal payments to the railroad retirement accounts

        For payment to the accounts established in the Treasury for the
    payment of benefits under the Railroad Retirement Act for interest
    earned on unnegotiated checks, $150,000, to remain available through
    September 30, 2011, which shall be the maximum amount available for
    payment pursuant to section 417 of Public Law 98-76.

                          limitation on administration

        For necessary expenses for the Railroad Retirement Board
    (``Board'') for administration of the Railroad Retirement Act and the
    Railroad Unemployment Insurance Act, $109,073,000, to be derived in
    such amounts as determined by the Board from the railroad retirement
    accounts and from moneys credited to the railroad unemployment
    insurance administration fund.

                 limitation on the office of inspector general

        For expenses necessary for the Office of Inspector General for
    audit, investigatory and review activities, as authorized by the
    Inspector General Act of 1978, not more than $8,186,000, to be derived
    from the railroad retirement accounts and railroad unemployment
    insurance account.

                         Social Security Administration

                    payments to social security trust funds

        For payment to the Federal Old-Age and Survivors Insurance Trust
    Fund and the Federal Disability Insurance Trust Fund, as provided under
    sections 201(m), 228(g), and 1131(b)(2) of the Social Security Act,
    $20,404,000.

                      supplemental security income program

        For carrying out titles XI and XVI of the Social Security Act,
    section 401 of Public Law 92-603, section 212 of Public Law 93-66, as
    amended, and section 405 of Public Law 95-216, including payment to the
    Social Security trust funds for administrative expenses incurred
    pursuant to section 201(g)(1) of the Social Security Act,
    $34,742,000,000, to remain available until expended: Provided, That any
    portion of the funds provided to a State in the current fiscal year and
    not obligated by the State during that year shall be returned to the
    Treasury.
        For making, after June 15 of the current fiscal year, benefit
    payments to individuals under title XVI of the Social Security Act, for
    unanticipated costs incurred for the current fiscal year, such sums as
    may be necessary.
        For making benefit payments under title XVI of the Social Security
    Act for the first quarter of fiscal year 2011, $16,000,000,000, to
    remain available until expended.

                     limitation on administrative expenses

        For necessary expenses, including the hire of two passenger motor
    vehicles, and not to exceed $45,000 for official reception and
    representation expenses, not more than $10,800,500,000 may be expended,
    as authorized by section 201(g)(1) of the Social Security Act, from any
    one or all of the trust funds referred to therein: Provided, That not
    less than $2,300,000 shall be for the Social Security Advisory Board:
    Provided further, That unobligated balances of funds provided under
    this paragraph at the end of fiscal year 2010 not needed for fiscal
    year 2010 shall remain available until expended to invest in the Social
    Security Administration information technology and telecommunications
    hardware and software infrastructure, including related equipment and
    non-payroll administrative expenses associated solely with this
    information technology and telecommunications infrastructure: Provided
    further, That reimbursement to the trust funds under this heading for
    expenditures for official time for employees of the Social Security
    Administration pursuant to 5 U.S.C. 7131, and for facilities or support
    services for labor organizations pursuant to policies, regulations, or
    procedures referred to in section 7135(b) of such title shall be made
    by the Secretary of the Treasury, with interest, from amounts in the
    general fund not otherwise appropriated, as soon as possible after such
    expenditures are made.
        From funds provided under the first paragraph, not less than
    $273,000,000 shall be available for the cost associated with conducting
    continuing disability reviews under titles II and XVI of the Social
    Security Act and for the cost associated with conducting
    redeterminations of eligibility under title XVI of the Social Security
    Act.
        In addition to the amounts made available above, and subject to the
    same terms and conditions, $485,000,000, for additional continuing
    disability reviews and redeterminations of eligibility, of which, upon
    a determination by the Office of the Chief Actuary that such initiative
    would be at least as cost effective as redeterminations of eligibility,
    up to $34,000,000 shall be available for one or more initiatives to
    improve asset verification: Provided, That the Commissioner shall
    provide to the Congress (at the conclusion of the fiscal year) a report
    on the obligation and expenditure of these additional amounts, similar
    to the reports that were required by section 103(d)(2) of Public Law
    104-121 for fiscal years 1996 through 2002.
        In addition, $160,000,000 to be derived from administration fees in
    excess of $5.00 per supplementary payment collected pursuant to section
    1616(d) of the Social Security Act or section 212(b)(3) of Public Law
    93-66, which shall remain available until expended. To the extent that
    the amounts collected pursuant to such sections in fiscal year 2010
    exceed $160,000,000, the amounts shall be available in fiscal year 2011
    only to the extent provided in advance in appropriations Acts.
        In addition, up to $1,000,000 to be derived from fees collected
    pursuant to section 303(c) of the Social Security Protection Act, which
    shall remain available until expended.

                          office of inspector general

                         (including transfer of funds)

        For expenses necessary for the Office of Inspector General in
    carrying out the provisions of the Inspector General Act of 1978,
    $29,000,000, together with not to exceed $73,682,000, to be transferred
    and expended as authorized by section 201(g)(1) of the Social Security
    Act from the Federal Old-Age and Survivors Insurance Trust Fund and the
    Federal Disability Insurance Trust Fund.
        In addition, an amount not to exceed 3 percent of the total
    provided in this appropriation may be transferred from the ``Limitation
    on Administrative Expenses'', Social Security Administration, to be
    merged with this account, to be available for the time and purposes for
    which this account is available: Provided, That notice of such
    transfers shall be transmitted promptly to the Committees on
    Appropriations of the House of Representatives and the Senate.

                                    TITLE V

                               GENERAL PROVISIONS

        Sec. 501.  The Secretaries of Labor, Health and Human Services, and
    Education are authorized to transfer unexpended balances of prior
    appropriations to accounts corresponding to current appropriations
    provided in this Act. Such transferred balances shall be used for the
    same purpose, and for the same periods of time, for which they were
    originally appropriated.
        Sec. 502.  No part of any appropriation contained in this Act shall
    remain available for obligation beyond the current fiscal year unless
    expressly so provided herein.
        Sec. 503. (a) No part of any appropriation contained in this Act
    shall be used, other than for normal and recognized executive-
    legislative relationships, for publicity or propaganda purposes, for
    the preparation, distribution, or use of any kit, pamphlet, booklet,
    publication, radio, television, or video presentation designed to
    support or defeat legislation pending before the Congress or any State
    legislature, except in presentation to the Congress or any State
    legislature itself.
        (b) No part of any appropriation contained in this Act shall be
    used to pay the salary or expenses of any grant or contract recipient,
    or agent acting for such recipient, related to any activity designed to
    influence legislation or appropriations pending before the Congress or
    any State legislature.
        Sec. 504.  The Secretaries of Labor and Education are authorized to
    make available not to exceed $28,000 and $22,000, respectively, from
    funds available for salaries and expenses under titles I and III,
    respectively, for official reception and representation expenses; the
    Director of the Federal Mediation and Conciliation Service is
    authorized to make available for official reception and representation
    expenses not to exceed $5,000 from the funds available for ``Federal
    Mediation and Conciliation Service, Salaries and expenses''; and the
    Chairman of the National Mediation Board is authorized to make
    available for official reception and representation expenses not to
    exceed $5,000 from funds available for ``National Mediation Board,
    Salaries and expenses''.
        Sec. 505.  None of the funds contained in this Act may be used to
    distribute any needle or syringe for the purpose of preventing the
    spread of blood borne pathogens in any location that has been
    determined by the local public health or local law enforcement
    authorities to be inappropriate for such distribution.
        Sec. 506.  When issuing statements, press releases, requests for
    proposals, bid solicitations and other documents describing projects or
    programs funded in whole or in part with Federal money, all grantees
    receiving Federal funds included in this Act, including but not limited
    to State and local governments and recipients of Federal research
    grants, shall clearly state--
            (1) the percentage of the total costs of the program or project
        which will be financed with Federal money;
            (2) the dollar amount of Federal funds for the project or
        program; and
            (3) percentage and dollar amount of the total costs of the
        project or program that will be financed by non-governmental
        sources.
        Sec. 507. (a) None of the funds appropriated in this Act, and none
    of the funds in any trust fund to which funds are appropriated in this
    Act, shall be expended for any abortion.
        (b) None of the funds appropriated in this Act, and none of the
    funds in any trust fund to which funds are appropriated in this Act,
    shall be expended for health benefits coverage that includes coverage
    of abortion.
        (c) The term ``health benefits coverage'' means the package of
    services covered by a managed care provider or organization pursuant to
    a contract or other arrangement.
        Sec. 508. (a) The limitations established in the preceding section
    shall not apply to an abortion--
            (1) if the pregnancy is the result of an act of rape or incest;
        or
            (2) in the case where a woman suffers from a physical disorder,
        physical injury, or physical illness, including a life-endangering
        physical condition caused by or arising from the pregnancy itself,
        that would, as certified by a physician, place the woman in danger
        of death unless an abortion is performed.
        (b) Nothing in the preceding section shall be construed as
    prohibiting the expenditure by a State, locality, entity, or private
    person of State, local, or private funds (other than a State's or
    locality's contribution of Medicaid matching funds).
        (c) Nothing in the preceding section shall be construed as
    restricting the ability of any managed care provider from offering
    abortion coverage or the ability of a State or locality to contract
    separately with such a provider for such coverage with State funds
    (other than a State's or locality's contribution of Medicaid matching
    funds).
        (d)(1) None of the funds made available in this Act may be made
    available to a Federal agency or program, or to a State or local
    government, if such agency, program, or government subjects any
    institutional or individual health care entity to discrimination on the
    basis that the health care entity does not provide, pay for, provide
    coverage of, or refer for abortions.
        (2) In this subsection, the term ``health care entity'' includes an
    individual physician or other health care professional, a hospital, a
    provider-sponsored organization, a health maintenance organization, a
    health insurance plan, or any other kind of health care facility,
    organization, or plan.
        Sec. 509. (a) None of the funds made available in this Act may be
    used for--
            (1) the creation of a human embryo or embryos for research
        purposes; or
            (2) research in which a human embryo or embryos are destroyed,
        discarded, or knowingly subjected to risk of injury or death
        greater than that allowed for research on fetuses in utero under 45
        CFR 46.204(b) and section 498(b) of the Public Health Service Act
        (42 U.S.C. 289g(b)).
        (b) For purposes of this section, the term ``human embryo or
    embryos'' includes any organism, not protected as a human subject under
    45 CFR 46 as of the date of the enactment of this Act, that is derived
    by fertilization, parthenogenesis, cloning, or any other means from one
    or more human gametes or human diploid cells.
        Sec. 510. (a) None of the funds made available in this Act may be
    used for any activity that promotes the legalization of any drug or
    other substance included in schedule I of the schedules of controlled
    substances established under section 202 of the Controlled Substances
    Act except for normal and recognized executive-congressional
    communications.
        (b) The limitation in subsection (a) shall not apply when there is
    significant medical evidence of a therapeutic advantage to the use of
    such drug or other substance or that federally sponsored clinical
    trials are being conducted to determine therapeutic advantage.
        Sec. 511.  None of the funds made available in this Act may be used
    to promulgate or adopt any final standard under section 1173(b) of the
    Social Security Act providing for, or providing for the assignment of,
    a unique health identifier for an individual (except in an individual's
    capacity as an employer or a health care provider), until legislation
    is enacted specifically approving the standard.
        Sec. 512.  None of the funds made available in this Act may be
    obligated or expended to enter into or renew a contract with an entity
    if--
            (1) such entity is otherwise a contractor with the United
        States and is subject to the requirement in 38 U.S.C. 4212(d)
        regarding submission of an annual report to the Secretary of Labor
        concerning employment of certain veterans; and
            (2) such entity has not submitted a report as required by that
        section for the most recent year for which such requirement was
        applicable to such entity.
        Sec. 513.  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 appropriation Act.
        Sec. 514.  None of the funds made available by this Act to carry
    out the Library Services and Technology Act may be made available to
    any library covered by paragraph (1) of section 224(f) of such Act, as
    amended by the Children's Internet Protection Act, unless such library
    has made the certifications required by paragraph (4) of such section.
        Sec. 515.  None of the funds made available by this Act to carry
    out part D of title II of the Elementary and Secondary Education Act of
    1965 may be made available to any elementary or secondary school
    covered by paragraph (1) of section 2441(a) of such Act, as amended by
    the Children's Internet Protection Act and the No Child Left Behind
    Act, unless the local educational agency with responsibility for such
    covered school has made the certifications required by paragraph (2) of
    such section.
        Sec. 516. (a) None of the funds provided under this Act, or
    provided under previous appropriations Acts to the agencies funded by
    this Act that remain available for obligation or expenditure in fiscal
    year 2010, or provided from any accounts in the Treasury of the United
    States derived by the collection of fees available to the agencies
    funded by this Act, shall be available for obligation or expenditure
    through a reprogramming of funds that--
            (1) creates new programs;
            (2) eliminates a program, project, or activity;
            (3) increases funds or personnel by any means for any project
        or activity for which funds have been denied or restricted;
            (4) relocates an office or employees;
            (5) reorganizes or renames offices;
            (6) reorganizes programs or activities; or
            (7) contracts out or privatizes any functions or activities
        presently performed by Federal employees;
    unless the Committees on Appropriations of the House of Representatives
    and the Senate are notified 15 days in advance of such reprogramming or
    of an announcement of intent relating to such reprogramming, whichever
    occurs earlier.
        (b) None of the funds provided under this Act, or provided under
    previous appropriations Acts to the agencies funded by this Act that
    remain available for obligation or expenditure in fiscal year 2010, or
    provided from any accounts in the Treasury of the United States derived
    by the collection of fees available to the agencies funded by this Act,
    shall be available for obligation or expenditure through a
    reprogramming of funds in excess of $500,000 or 10 percent, whichever
    is less, that--
            (1) augments existing programs, projects (including
        construction projects), or activities;
            (2) reduces by 10 percent funding for any existing program,
        project, or activity, or numbers of personnel by 10 percent as
        approved by Congress; or
            (3) results from any general savings from a reduction in
        personnel which would result in a change in existing programs,
        activities, or projects as approved by Congress;
    unless the Committees on Appropriations of the House of Representatives
    and the Senate are notified 15 days in advance of such reprogramming or
    of an announcement of intent relating to such reprogramming, whichever
    occurs earlier.
        Sec. 517. (a) None of the funds made available in this Act may be
    used to request that a candidate for appointment to a Federal
    scientific advisory committee disclose the political affiliation or
    voting history of the candidate or the position that the candidate
    holds with respect to political issues not directly related to and
    necessary for the work of the committee involved.
        (b) None of the funds made available in this Act may be used to
    disseminate scientific information that is deliberately false or
    misleading.
        Sec. 518.  Within 45 days of enactment of this Act, each department
    and related agency funded through this Act shall submit an operating
    plan that details at the program, project, and activity level any
    funding allocations for fiscal year 2010 that are different than those
    specified in this Act, the accompanying detailed table in the statement
    of the managers on the conference report accompanying this Act, or the
    fiscal year 2010 budget request.
        Sec. 519.  The Secretaries of Labor, Health and Human Services, and
    Education shall each prepare and submit to the Committees on
    Appropriations of the House of Representatives and the Senate a report
    on the number and amount of contracts, grants, and cooperative
    agreements exceeding $500,000 in value and awarded by the Department on
    a non-competitive basis during each quarter of fiscal year 2010, but
    not to include grants awarded on a formula basis or directed by law.
    Such report shall include the name of the contractor or grantee, the
    amount of funding, the governmental purpose, including a justification
    for issuing the award on a non-competitive basis. Such report shall be
    transmitted to the Committees within 30 days after the end of the
    quarter for which the report is submitted.
        Sec. 520.  Section 8103(b) of Public Law 110-28 is amended--
            (1) in paragraph (1)(B), by inserting before the semicolon the
        following: ``, except that, beginning in 2010 and each year
        thereafter, such increase shall occur on September 30''; and
            (2) in paragraph (2)(C), by inserting before the period the
        following: ``, except that, beginning in 2010 and each year
        thereafter, such increase shall occur on September 30''.
        Sec. 521.  None of the funds appropriated in this Act shall be
    expended or obligated by the Commissioner of Social Security, for
    purposes of administering Social Security benefit payments under title
    II of the Social Security Act, to process any claim for credit for a
    quarter of coverage based on work performed under a social security
    account number that is not the claimant's number and the performance of
    such work under such number has formed the basis for a conviction of
    the claimant of a violation of section 208(a)(6) or (7) of the Social
    Security Act.
        Sec. 522.  None of the funds appropriated by this Act may be used
    by the Commissioner of Social Security or the Social Security
    Administration to pay the compensation of employees of the Social
    Security Administration to administer Social Security benefit payments,
    under any agreement between the United States and Mexico establishing
    totalization arrangements between the social security system
    established by title II of the Social Security Act and the social
    security system of Mexico, which would not otherwise be payable but for
    such agreement.
        Sec. 523.  None of the funds made available in this Act may be used
    in contravention of title IV of the Personal Responsibility and Work
    Opportunity Reconciliation Act of 1996 (8 U.S.C. 1611 et seq.).
        Sec. 524. (a) In General.--Strike subparagraphs (B) and (C) that
    appear within section 426(b) of division J of the Consolidated
    Appropriations Act, 2005 (Public Law 108-447) and insert the following:
                ``(B) Secretary of homeland security.--One-third of the
            amounts deposited into the Fraud Prevention and Detection
            Account shall remain available to the Secretary of Homeland
            Security until expended for programs and activities to prevent
            and detect immigration benefit fraud, including fraud with
            respect to petitions filed under paragraph (1) or (2)(A) of
            section 214(c) to grant an alien nonimmigrant status described
            in subparagraph (H) or (L) of section 101(a)(15).
                ``(C) Secretary of labor.--One-third of the amounts
            deposited into the Fraud Prevention and Detection Account shall
            remain available to the Secretary of Labor until expended for
            wage and hour enforcement programs and activities otherwise
            authorized to be conducted by the Secretary of Labor that focus
            on industries likely to employ nonimmigrants, including
            enforcement programs and activities described in section 212(n)
            and enforcement programs and activities related to section
            214(c)(14)(A)(i).''
        (b) Effective Date.--The amendment made by subsection (a) shall
    take effect on the date of the enactment of this Act.
        Sec. 525.  None of the funds made available in this Act may be used
    for first-class travel by the employees of agencies funded by this Act
    in contravention of sections 301-10.124 of title 41, Code of Federal
    Regulations.
        Sec. 526.  Specific projects contained in the report of the
    Committee on Appropriations of the House of Representatives
    accompanying this Act (H. Rept. 111-220) that are considered
    congressional earmarks for purposes of clause 9 of rule XXI of the
    Rules of the House of Representatives, when intended to be awarded to a
    for-profit entity, shall be awarded under a full and open competition.
        Sec. 527.  None of the funds appropriated or otherwise made
    available by this Act may be used to enter into a contract in an amount
    greater than $5,000,000 or to award a grant in excess of such amount
    unless the prospective contractor or grantee certifies in writing to
    the agency awarding the contract or grant that, to the best of its
    knowledge and belief, the contractor or grantee has filed all Federal
    tax returns required during the three years preceding the
    certification, has not been convicted of a criminal offense under the
    Internal Revenue Code of 1986, and has not, more than 90 days prior to
    certification, been notified of any unpaid Federal tax assessment for
    which the liability remains unsatisfied, unless the assessment is the
    subject of an installment agreement or offer in compromise that has
    been approved by the Internal Revenue Service and is not in default, or
    the assessment is the subject of a non-frivolous administrative or
    judicial proceeding.
        This division may be cited as the ``Departments of Labor, Health
    and Human Services, and Education, and Related Agencies Appropriations
    Act, 2010''.

      DIVISION E--MILITARY CONSTRUCTION AND VETERANS AFFAIRS AND RELATED
                       AGENCIES APPROPRIATIONS ACT, 2010

                                    TITLE I

                             DEPARTMENT OF DEFENSE

                          Military Construction, Army

        For acquisition, construction, installation, and equipment of
    temporary or permanent public works, military installations,
    facilities, and real property for the Army as currently authorized by
    law, including personnel in the Army Corps of Engineers and other
    personal services necessary for the purposes of this appropriation, and
    for construction and operation of facilities in support of the
    functions of the Commander in Chief, $3,719,419,000, to remain
    available until September 30, 2014, of which $350,000,000 shall be for
    trainee troop housing facilities: Provided, That of this amount, not to
    exceed $200,519,000 shall be available for study, planning, design,
    architect and engineer services, and host nation support, as authorized
    by law, unless the Secretary of the Army determines that additional
    obligations are necessary for such purposes and notifies the Committees
    on Appropriations of both Houses of Congress of the determination and
    the reasons therefor: Provided further, That, not later than 30 days
    after the date of the enactment of this Act, the Secretary of the Army
    shall submit to the Committees on Appropriations of both Houses of
    Congress an expenditure plan for the funds provided for trainee troop
    housing facilities:  Provided further, That the amount appropriated in
    this paragraph shall be for the projects and activities, and in the
    amounts, specified under the heading ``Military Construction, Army''
    and under the headings ``Army'' in the table entitled ``Military
    Construction'' in the explanatory statement of managers to accompany
    this Act.

                  Military Construction, Navy and Marine Corps

        For acquisition, construction, installation, and equipment of
    temporary or permanent public works, naval installations, facilities,
    and real property for the Navy and Marine Corps as currently authorized
    by law, including personnel in the Naval Facilities Engineering Command
    and other personal services necessary for the purposes of this
    appropriation, $3,769,003,000, to remain available until September 30,
    2014: Provided, That of this amount, not to exceed $179,652,000 shall
    be available for study, planning, design, and architect and engineer
    services, as authorized by law, unless the Secretary of the Navy
    determines that additional obligations are necessary for such purposes
    and notifies the Committees on Appropriations of both Houses of
    Congress of the determination and the reasons therefor:  Provided
    further, That the amount appropriated in this paragraph shall be for
    the projects and activities, and in the amounts, specified under the
    heading ``Military Construction, Navy and Marine Corps'' and under the
    headings ``Navy'' in the table entitled ``Military Construction'' in
    the explanatory statement of managers to accompany this Act.

                        Military Construction, Air Force

                        (including rescission of funds)

        For acquisition, construction, installation, and equipment of
    temporary or permanent public works, military installations,
    facilities, and real property for the Air Force as currently authorized
    by law, $1,450,426,000, to remain available until September 30, 2014:
    Provided, That of this amount, not to exceed $103,562,000 shall be
    available for study, planning, design, and architect and engineer
    services, as authorized by law, unless the Secretary of the Air Force
    determines that additional obligations are necessary for such purposes
    and notifies the Committees on Appropriations of both Houses of
    Congress of the determination and the reasons therefor: Provided
    further, That the amount appropriated in this paragraph shall be for
    the projects and activities, and in the amounts, specified under the
    heading ``Military Construction, Air Force'' and under the headings
    ``Air Force'' in the table entitled ``Military Construction'' in the
    explanatory statement of managers to accompany this Act: Provided
    further, That of the funds appropriated for ``Military Construction,
    Air Force'' under Public Law 110-329, $37,500,000 are hereby rescinded.

                      Military Construction, Defense-Wide

                  (including transfer and rescission of funds)

        For acquisition, construction, installation, and equipment of
    temporary or permanent public works, installations, facilities, and
    real property for activities and agencies of the Department of Defense
    (other than the military departments), as currently authorized by law,
    $3,093,679,000, to remain available until September 30, 2014: Provided,
    That such amounts of this appropriation as may be determined by the
    Secretary of Defense may be transferred to such appropriations of the
    Department of Defense available for military construction or family
    housing as the Secretary may designate, to be merged with and to be
    available for the same purposes, and for the same time period, as the
    appropriation or fund to which transferred: Provided further, That of
    the amount appropriated, not to exceed $131,942,000 shall be available
    for study, planning, design, and architect and engineer services, as
    authorized by law, unless the Secretary of Defense determines that
    additional obligations are necessary for such purposes and notifies the
    Committees on Appropriations of both Houses of Congress of the
    determination and the reasons therefor: Provided further, That of the
    amount appropriated, notwithstanding any other provision of law, not to
    exceed $41,400,000 shall be available for payments to the North
    Atlantic Treaty Organization for the planning, design, and construction
    of a new North Atlantic Treaty Organization headquarters: Provided
    further, That the amount appropriated in this paragraph shall be for
    the projects and activities, and in the amounts, specified under the
    heading ``Military Construction, Defense-Wide'' and under the headings
    ``Defense-Wide'' in the table entitled ``Military Construction'' in the
    explanatory statement of managers to accompany this Act: Provided
    further, That of the funds appropriated for ``Military Construction,
    Defense-Wide'' under Public Law 110-329, $151,160,000 are hereby
    rescinded.

                   Military Construction, Army National Guard

        For construction, acquisition, expansion, rehabilitation, and
    conversion of facilities for the training and administration of the
    Army National Guard, and contributions therefor, as authorized by
    chapter 1803 of title 10, United States Code, and Military Construction
    Authorization Acts, $582,056,000, to remain available until September
    30, 2014, of which $30,000,000 shall be for critical unfunded
    requirements: Provided, That of the amount appropriated, not to exceed
    $47,429,000 shall be available for study, planning, design, and
    architect and engineer services, as authorized by law, unless the
    Director of the Army National Guard determines that additional
    obligations are necessary for such purposes and notifies the Committees
    on Appropriations of both Houses of Congress of the determination and
    the reasons therefor: Provided further, That, not later than 30 days
    after the date of the enactment of this Act, the Director of the Army
    National Guard shall submit to the Committees on Appropriations of both
    Houses of Congress an expenditure plan for the funds provided for
    critical unfunded requirements:  Provided further, That the amount
    appropriated in this paragraph shall be for the projects and
    activities, and in the amounts, specified under the heading ``Military
    Construction, Army National Guard'' and under the headings ``Army
    National Guard'' in the table entitled ``Military Construction'' in the
    explanatory statement of managers to accompany this Act.

                   Military Construction, Air National Guard

        For construction, acquisition, expansion, rehabilitation, and
    conversion of facilities for the training and administration of the Air
    National Guard, and contributions therefor, as authorized by chapter
    1803 of title 10, United States Code, and Military Construction
    Authorization Acts, $371,226,000, to remain available until September
    30, 2014, of which $30,000,000 shall be for critical unfunded
    requirements: Provided, That of the amount appropriated, not to exceed
    $20,021,000 shall be available for study, planning, design, and
    architect and engineer services, as authorized by law, unless the
    Director of the Air National Guard determines that additional
    obligations are necessary for such purposes and notifies the Committees
    on Appropriations of both Houses of Congress of the determination and
    the reasons therefor:  Provided further, That, not later than 30 days
    after the date of the enactment of this Act, the Director of the Air
    National Guard shall submit to the Committees on Appropriations of both
    Houses of Congress an expenditure plan for the funds provided for
    critical unfunded requirements: Provided further, That the amount
    appropriated in this paragraph shall be for the projects and
    activities, and in the amounts, specified under the heading ``Military
    Construction, Air National Guard'' and under the headings ``Air
    National Guard'' in the table entitled ``Military Construction'' in the
    explanatory statement of managers to accompany this Act.

                      Military Construction, Army Reserve

        For construction, acquisition, expansion, rehabilitation, and
    conversion of facilities for the training and administration of the
    Army Reserve as authorized by chapter 1803 of title 10, United States
    Code, and Military Construction Authorization Acts, $431,566,000, to
    remain available until September 30, 2014, of which $30,000,000 shall
    be for critical unfunded requirements: Provided, That of the amount
    appropriated, not to exceed $22,716,000 shall be available for study,
    planning, design, and architect and engineer services, as authorized by
    law, unless the Secretary of the Army determines that additional
    obligations are necessary for such purposes and notifies the Committees
    on Appropriations of both Houses of Congress of the determination and
    the reasons therefor: Provided further, That, not later than 30 days
    after the date of the enactment of this Act, the Chief of Army Reserve
    shall submit to the Committees on Appropriations of both Houses of
    Congress an expenditure plan for the funds provided for critical
    unfunded requirements: Provided further, That the amount appropriated
    in this paragraph shall be for the projects and activities, and in the
    amounts, specified under the heading ``Military Construction, Army
    Reserve'' and under the headings ``Army Reserve'' in the table entitled
    ``Military Construction'' in the explanatory statement of managers to
    accompany this Act.

                      Military Construction, Navy Reserve

        For construction, acquisition, expansion, rehabilitation, and
    conversion of facilities for the training and administration of the
    reserve components of the Navy and Marine Corps as authorized by
    chapter 1803 of title 10, United States Code, and Military Construction
    Authorization Acts, $125,874,000, to remain available until September
    30, 2014, of which $20,000,000 shall be for critical unfunded
    requirements of the Navy Reserve and $35,000,000 shall be for critical
    unfunded requirements of the Marine Forces Reserve:  Provided, That of
    the amount appropriated, not to exceed $2,951,000 shall be available
    for study, planning, design, and architect and engineer services, as
    authorized by law, unless the Secretary of the Navy determines that
    additional obligations are necessary for such purposes and notifies the
    Committees on Appropriations of both Houses of Congress of the
    determination and the reasons therefor: Provided further, That, not
    later than 30 days after the date of the enactment of this Act, the
    Chief of Navy Reserve and the Commander, Marine Forces Reserve shall
    submit to the Committees on Appropriations of both Houses of Congress
    an expenditure plan for the funds provided for critical unfunded
    requirements:  Provided further, That the amount appropriated in this
    paragraph shall be for the projects and activities, and in the amounts,
    specified under the heading ``Military Construction, Navy Reserve'' and
    under the headings ``Navy Reserve'' in the table entitled ``Military
    Construction'' in the explanatory statement of managers to accompany
    this Act.

                    Military Construction, Air Force Reserve

        For construction, acquisition, expansion, rehabilitation, and
    conversion of facilities for the training and administration of the Air
    Force Reserve as authorized by chapter 1803 of title 10, United States
    Code, and Military Construction Authorization Acts, $112,269,000, to
    remain available until September 30, 2014, of which $55,000,000 shall
    be for critical unfunded requirements: Provided, That of the amount
    appropriated, not to exceed $3,869,000 shall be available for study,
    planning, design, and architect and engineer services, as authorized by
    law, unless the Secretary of the Air Force determines that additional
    obligations are necessary for such purposes and notifies the Committees
    on Appropriations of both Houses of Congress of the determination and
    the reasons therefor: Provided further, That, not later than 30 days
    after the date of the enactment of this Act, the Chief of Air Force
    Reserve shall submit to the Committees on Appropriations of both Houses
    of Congress an expenditure plan for the funds provided for critical
    unfunded requirements:  Provided further, That the amount appropriated
    in this paragraph shall be for the projects and activities, and in the
    amounts, specified under the heading ``Military Construction, Air Force
    Reserve'' and under the headings ``Air Force Reserve'' in the table
    entitled ``Military Construction'' in the explanatory statement of
    managers to accompany this Act.

                       North Atlantic Treaty Organization

                          Security Investment Program

        For the United States share of the cost of the North Atlantic
    Treaty Organization Security Investment Program for the acquisition and
    construction of military facilities and installations (including
    international military headquarters) and for related expenses for the
    collective defense of the North Atlantic Treaty Area as authorized by
    section 2806 of title 10, United States Code, and Military Construction
    Authorization Acts, $197,414,000, to remain available until expended.

                       Family Housing Construction, Army

        For expenses of family housing for the Army for construction,
    including acquisition, replacement, addition, expansion, extension, and
    alteration, as authorized by law, $273,236,000, to remain available
    until September 30, 2014: Provided, That the amount appropriated in
    this paragraph shall be for the projects and activities, and in the
    amounts, specified under the heading ``Family Housing Construction,
    Army'' in the table entitled ``Military Construction'' in the
    explanatory statement of managers to accompany this Act.

                 Family Housing Operation and Maintenance, Army

        For expenses of family housing for the Army for operation and
    maintenance, including debt payment, leasing, minor construction,
    principal and interest charges, and insurance premiums, as authorized
    by law, $523,418,000.

               Family Housing Construction, Navy and Marine Corps

        For expenses of family housing for the Navy and Marine Corps for
    construction, including acquisition, replacement, addition, expansion,
    extension, and alteration, as authorized by law, $146,569,000, to
    remain available until September 30, 2014:  Provided, That the amount
    appropriated in this paragraph shall be for the projects and
    activities, and in the amounts, specified under the heading ``Family
    Housing Construction, Navy and Marine Corps'' in the table entitled
    ``Military Construction'' in the explanatory statement of managers to
    accompany this Act.

        Family Housing Operation and Maintenance, Navy and Marine Corps

        For expenses of family housing for the Navy and Marine Corps for
    operation and maintenance, including debt payment, leasing, minor
    construction, principal and interest charges, and insurance premiums,
    as authorized by law, $368,540,000.

                     Family Housing Construction, Air Force

        For expenses of family housing for the Air Force for construction,
    including acquisition, replacement, addition, expansion, extension, and
    alteration, as authorized by law, $66,101,000, to remain available
    until September 30, 2014:  Provided, That the amount appropriated in
    this paragraph shall be for the projects and activities, and in the
    amounts, specified under the heading ``Family Housing Construction, Air
    Force'' in the table entitled ``Military Construction'' in the
    explanatory statement of managers to accompany this Act.

              Family Housing Operation and Maintenance, Air Force

        For expenses of family housing for the Air Force for operation and
    maintenance, including debt payment, leasing, minor construction,
    principal and interest charges, and insurance premiums, as authorized
    by law, $502,936,000.

                   Family Housing Construction, Defense-Wide

        For expenses of family housing for the activities and agencies of
    the Department of Defense (other than the military departments) for
    construction, including acquisition, replacement, addition, expansion,
    extension, and alteration, as authorized by law, $2,859,000, to remain
    available until September 30, 2014:  Provided, That the amount
    appropriated in this paragraph shall be for the projects and
    activities, and in the amounts, specified under the heading ``Family
    Housing Construction, Defense-Wide'' in the table entitled ``Military
    Construction'' in the explanatory statement of managers to accompany
    this Act.

             Family Housing Operation and Maintenance, Defense-Wide

        For expenses of family housing for the activities and agencies of
    the Department of Defense (other than the military departments) for
    operation and maintenance, leasing, and minor construction, as
    authorized by law, $49,214,000.

             Department of Defense Family Housing Improvement Fund

        For the Department of Defense Family Housing Improvement Fund,
    $2,600,000, to remain available until expended, for family housing
    initiatives undertaken pursuant to section 2883 of title 10, United
    States Code, providing alternative means of acquiring and improving
    military family housing and supporting facilities.

                           Homeowners Assistance Fund

        For the Homeowners Assistance Fund established by section 1013 of
    the Demonstration Cities and Metropolitan Development Act of 1966 (42
    U.S.C. 3374), as amended by section 1001 of division A of the American
    Recovery and Reinvestment Act of 2009 (Public Law 111-5; 123 Stat.
    194), $323,225,000, to remain available until expended.

              Chemical Demilitarization Construction, Defense-Wide

        For expenses of construction, not otherwise provided for, necessary
    for the destruction of the United States stockpile of lethal chemical
    agents and munitions in accordance with section 1412 of the Department
    of Defense Authorization Act, 1986 (50 U.S.C. 1521), and for the
    destruction of other chemical warfare materials that are not in the
    chemical weapon stockpile, as currently authorized by law,
    $151,541,000, to remain available until September 30, 2014, which shall
    be only for the Assembled Chemical Weapons Alternatives program:
    Provided, That the amount appropriated in this paragraph shall be for
    the projects and activities, and in the amounts, specified under the
    headings ``Chemical Demilitarization Construction, Defense-Wide'' in
    the table entitled ``Military Construction'' in the explanatory
    statement of managers to accompany this Act.

                Department of Defense Base Closure Account 1990

        For deposit into the Department of Defense Base Closure Account
    1990, established by section 2906(a)(1) of the Defense Base Closure and
    Realignment Act of 1990 (10 U.S.C. 2687 note), $496,768,000, to remain
    available until expended.

                Department of Defense Base Closure Account 2005

        For deposit into the Department of Defense Base Closure Account
    2005, established by section 2906A(a)(1) of the Defense Base Closure
    and Realignment Act of 1990 (10 U.S.C. 2687 note), $7,455,498,000, to
    remain available until expended: Provided, That the Department of
    Defense shall notify the Committees on Appropriations of both Houses of
    Congress 14 days prior to obligating an amount for a construction
    project that exceeds or reduces the amount identified for that project
    in the most recently submitted budget request for this account by 20
    percent or $2,000,000, whichever is less: Provided further, That the
    previous proviso shall not apply to projects costing less than
    $5,000,000, except for those projects not previously identified in any
    budget submission for this account and exceeding the minor construction
    threshold under section 2805 of title 10, United States Code.

                           Administrative Provisions

        Sec. 101.  None of the funds made available in this title shall be
    expended for payments under a cost-plus-a-fixed-fee contract for
    construction, where cost estimates exceed $25,000, to be performed
    within the United States, except Alaska, without the specific approval
    in writing of the Secretary of Defense setting forth the reasons
    therefor.
        Sec. 102.  Funds made available in this title for construction
    shall be available for hire of passenger motor vehicles.
        Sec. 103.  Funds made available in this title for construction may
    be used for advances to the Federal Highway Administration, Department
    of Transportation, for the construction of access roads as authorized
    by section 210 of title 23, United States Code, when projects
    authorized therein are certified as important to the national defense
    by the Secretary of Defense.
        Sec. 104.  None of the funds made available in this title may be
    used to begin construction of new bases in the United States for which
    specific appropriations have not been made.
        Sec. 105.  None of the funds made available in this title shall be
    used for purchase of land or land easements in excess of 100 percent of
    the value as determined by the Army Corps of Engineers or the Naval
    Facilities Engineering Command, except: (1) where there is a
    determination of value by a Federal court; (2) purchases negotiated by
    the Attorney General or the designee of the Attorney General; (3) where
    the estimated value is less than $25,000; or (4) as otherwise
    determined by the Secretary of Defense to be in the public interest.
        Sec. 106.  None of the funds made available in this title shall be
    used to: (1) acquire land; (2) provide for site preparation; or (3)
    install utilities for any family housing, except housing for which
    funds have been made available in annual Acts making appropriations for
    military construction.
        Sec. 107.  None of the funds made available in this title for minor
    construction may be used to transfer or relocate any activity from one
    base or installation to another, without prior notification to the
    Committees on Appropriations of both Houses of Congress.
        Sec. 108.  None of the funds made available in this title may be
    used for the procurement of steel for any construction project or
    activity for which American steel producers, fabricators, and
    manufacturers have been denied the opportunity to compete for such
    steel procurement.
        Sec. 109.  None of the funds available to the Department of Defense
    for military construction or family housing during the current fiscal
    year may be used to pay real property taxes in any foreign nation.
        Sec. 110.  None of the funds made available in this title may be
    used to initiate a new installation overseas without prior notification
    to the Committees on Appropriations of both Houses of Congress.
        Sec. 111.  None of the funds made available in this title may be
    obligated for architect and engineer contracts estimated by the
    Government to exceed $500,000 for projects to be accomplished in Japan,
    in any North Atlantic Treaty Organization member country, or in
    countries bordering the Arabian Sea, unless such contracts are awarded
    to United States firms or United States firms in joint venture with
    host nation firms.
        Sec. 112.  None of the funds made available in this title for
    military construction in the United States territories and possessions
    in the Pacific and on Kwajalein Atoll, or in countries bordering the
    Arabian Sea, may be used to award any contract estimated by the
    Government to exceed $1,000,000 to a foreign contractor: Provided, That
    this section shall not be applicable to contract awards for which the
    lowest responsive and responsible bid of a United States contractor
    exceeds the lowest responsive and responsible bid of a foreign
    contractor by greater than 20 percent: Provided further, That this
    section shall not apply to contract awards for military construction on
    Kwajalein Atoll for which the lowest responsive and responsible bid is
    submitted by a Marshallese contractor.
        Sec. 113.  The Secretary of Defense is to inform the appropriate
    committees of both Houses of Congress, including the Committees on
    Appropriations, of the plans and scope of any proposed military
    exercise involving United States personnel 30 days prior to its
    occurring, if amounts expended for construction, either temporary or
    permanent, are anticipated to exceed $100,000.
        Sec. 114.  Not more than 20 percent of the funds made available in
    this title which are limited for obligation during the current fiscal
    year shall be obligated during the last two months of the fiscal year.
        Sec. 115.  Funds appropriated to the Department of Defense for
    construction in prior years shall be available for construction
    authorized for each such military department by the authorizations
    enacted into law during the current session of Congress.
        Sec. 116.  For military construction or family housing projects
    that are being completed with funds otherwise expired or lapsed for
    obligation, expired or lapsed funds may be used to pay the cost of
    associated supervision, inspection, overhead, engineering and design on
    those projects and on subsequent claims, if any.
        Sec. 117.  Notwithstanding any other provision of law, any funds
    made available to a military department or defense agency for the
    construction of military projects may be obligated for a military
    construction project or contract, or for any portion of such a project
    or contract, at any time before the end of the fourth fiscal year after
    the fiscal year for which funds for such project were made available,
    if the funds obligated for such project: (1) are obligated from funds
    available for military construction projects; and (2) do not exceed the
    amount appropriated for such project, plus any amount by which the cost
    of such project is increased pursuant to law.
        Sec. 118. (a) The Secretary of Defense, in consultation with the
    Secretary of State, shall submit to the Committees on Appropriations of
    both Houses of Congress, by February 15 of each year, an annual report
    in unclassified and, if necessary, classified form, on actions taken by
    the Department of Defense and the Department of State during the
    previous fiscal year to encourage host countries to assume a greater
    share of the common defense burden of such countries and the United
    States.
        (b) The report under subsection (a) shall include a description
    of--
            (1) attempts to secure cash and in-kind contributions from host
        countries for military construction projects;
            (2) attempts to achieve economic incentives offered by host
        countries to encourage private investment for the benefit of the
        United States Armed Forces;
            (3) attempts to recover funds due to be paid to the United
        States by host countries for assets deeded or otherwise imparted to
        host countries upon the cessation of United States operations at
        military installations;
            (4) the amount spent by host countries on defense, in dollars
        and in terms of the percent of gross domestic product (GDP) of the
        host country; and
            (5) for host countries that are members of the North Atlantic
        Treaty Organization (NATO), the amount contributed to NATO by host
        countries, in dollars and in terms of the percent of the total NATO
        budget.
        (c) In this section, the term ``host country'' means other member
    countries of NATO, Japan, South Korea, and United States allies
    bordering the Arabian Sea.

                         (including transfer of funds)

        Sec. 119.  In addition to any other transfer authority available to
    the Department of Defense, proceeds deposited to the Department of
    Defense Base Closure Account established by section 207(a)(1) of the
    Defense Authorization Amendments and Base Closure and Realignment Act
    (10 U.S.C. 2687 note) pursuant to section 207(a)(2)(C) of such Act, may
    be transferred to the account established by section 2906(a)(1) of the
    Defense Base Closure and Realignment Act of 1990 (10 U.S.C. 2687 note),
    to be merged with, and to be available for the same purposes and the
    same time period as that account.

                         (including transfer of funds)

        Sec. 120.  Subject to 30 days prior notification, or 14 days for a
    notification provided in an electronic medium pursuant to sections 480
    and 2883, of title 10, United States Code, to the Committees on
    Appropriations of both Houses of Congress, such additional amounts as
    may be determined by the Secretary of Defense may be transferred to:
    (1) the Department of Defense Family Housing Improvement Fund from
    amounts appropriated for construction in ``Family Housing'' accounts,
    to be merged with and to be available for the same purposes and for the
    same period of time as amounts appropriated directly to the Fund; or
    (2) the Department of Defense Military Unaccompanied Housing
    Improvement Fund from amounts appropriated for construction of military
    unaccompanied housing in ``Military Construction'' accounts, to be
    merged with and to be available for the same purposes and for the same
    period of time as amounts appropriated directly to the Fund: Provided,
    That appropriations made available to the Funds shall be available to
    cover the costs, as defined in section 502(5) of the Congressional
    Budget Act of 1974, of direct loans or loan guarantees issued by the
    Department of Defense pursuant to the provisions of subchapter IV of
    chapter 169 of title 10, United States Code, pertaining to alternative
    means of acquiring and improving military family housing, military
    unaccompanied housing, and supporting facilities.
        Sec. 121. (a) Not later than 60 days before issuing any
    solicitation for a contract with the private sector for military family
    housing the Secretary of the military department concerned shall submit
    to the Committees on Appropriations of both Houses of Congress the
    notice described in subsection (b).
        (b)(1) A notice referred to in subsection (a) is a notice of any
    guarantee (including the making of mortgage or rental payments)
    proposed to be made by the Secretary to the private party under the
    contract involved in the event of--
            (A) the closure or realignment of the installation for which
        housing is provided under the contract;
            (B) a reduction in force of units stationed at such
        installation; or
            (C) the extended deployment overseas of units stationed at such
        installation.
        (2) Each notice under this subsection shall specify the nature of
    the guarantee involved and assess the extent and likelihood, if any, of
    the liability of the Federal Government with respect to the guarantee.

                         (including transfer of funds)

        Sec. 122.  In addition to any other transfer authority available to
    the Department of Defense, amounts may be transferred from the accounts
    established by sections 2906(a)(1) and 2906A(a)(1) of the Defense Base
    Closure and Realignment Act of 1990 (10 U.S.C. 2687 note), to the fund
    established by section 1013(d) of the Demonstration Cities and
    Metropolitan Development Act of 1966 (42 U.S.C. 3374) to pay for
    expenses associated with the Homeowners Assistance Program incurred
    under 42 U.S.C. 3374(a)(1)(A). Any amounts transferred shall be merged
    with and be available for the same purposes and for the same time
    period as the fund to which transferred.
        Sec. 123.  Notwithstanding any other provision of law, funds made
    available in this title for operation and maintenance of family housing
    shall be the exclusive source of funds for repair and maintenance of
    all family housing units, including general or flag officer quarters:
    Provided, That not more than $35,000 per unit may be spent annually for
    the maintenance and repair of any general or flag officer quarters
    without 30 days prior notification, or 14 days for a notification
    provided in an electronic medium pursuant to sections 480 and 2883 of
    title 10, United States Code, to the Committees on Appropriations of
    both Houses of Congress, except that an after-the-fact notification
    shall be submitted if the limitation is exceeded solely due to costs
    associated with environmental remediation that could not be reasonably
    anticipated at the time of the budget submission: Provided further,
    That the Under Secretary of Defense (Comptroller) is to report annually
    to the Committees on Appropriations of both Houses of Congress all
    operation and maintenance expenditures for each individual general or
    flag officer quarters for the prior fiscal year.
        Sec. 124.  Amounts contained in the Ford Island Improvement Account
    established by subsection (h) of section 2814 of title 10, United
    States Code, are appropriated and shall be available until expended for
    the purposes specified in subsection (i)(1) of such section or until
    transferred pursuant to subsection (i)(3) of such section.

                         (including transfer of funds)

        Sec. 125.  None of the funds made available in this title, or in
    any Act making appropriations for military construction which remain
    available for obligation, may be obligated or expended to carry out a
    military construction, land acquisition, or family housing project at
    or for a military installation approved for closure, or at a military
    installation for the purposes of supporting a function that has been
    approved for realignment to another installation, in 2005 under the
    Defense Base Closure and Realignment Act of 1990 (part A of title XXIX
    of Public Law 101-510; 10 U.S.C. 2687 note), unless such a project at a
    military installation approved for realignment will support a
    continuing mission or function at that installation or a new mission or
    function that is planned for that installation, or unless the Secretary
    of Defense certifies that the cost to the United States of carrying out
    such project would be less than the cost to the United States of
    cancelling such project, or if the project is at an active component
    base that shall be established as an enclave or in the case of projects
    having multi-agency use, that another Government agency has indicated
    it will assume ownership of the completed project. The Secretary of
    Defense may not transfer funds made available as a result of this
    limitation from any military construction project, land acquisition, or
    family housing project to another account or use such funds for another
    purpose or project without the prior approval of the Committees on
    Appropriations of both Houses of Congress. This section shall not apply
    to military construction projects, land acquisition, or family housing
    projects for which the project is vital to the national security or the
    protection of health, safety, or environmental quality: Provided, That
    the Secretary of Defense shall notify the congressional defense
    committees within seven days of a decision to carry out such a military
    construction project.

                         (including transfer of funds)

        Sec. 126.  During the 5-year period after appropriations available
    in this Act to the Department of Defense for military construction and
    family housing operation and maintenance and construction have expired
    for obligation, upon a determination that such appropriations will not
    be necessary for the liquidation of obligations or for making
    authorized adjustments to such appropriations for obligations incurred
    during the period of availability of such appropriations, unobligated
    balances of such appropriations may be transferred into the
    appropriation ``Foreign Currency Fluctuations, Construction, Defense'',
    to be merged with and to be available for the same time period and for
    the same purposes as the appropriation to which transferred.
        Sec. 127.  None of the funds appropriated or otherwise made
    available in this title may be used for any action that is related to
    or promotes the expansion of the boundaries or size of the Pinon Canyon
    Maneuver Site, Colorado.
        Sec. 128.  Amounts appropriated or otherwise made available in an
    account funded under the headings in this title may be transferred
    among projects and activities within the account in accordance with the
    reprogramming guidelines for military construction and family housing
    construction contained in the explanatory statement of managers to
    accompany this Act and in the guidance for military construction
    reprogrammings and notifications contained in Department of Defense
    Financial Management Regulation 7000.14-R, Volume 3, Chapter 7, of
    December 1996, as in effect on the date of enactment of this Act.
        Sec. 129.  Of the funds made available in this title, the following
    accounts are hereby reduced in the following amounts to reflect
    adjusted inflation and bid savings projections: ``Military
    Construction, Army'', $230,000,000; ``Military Construction, Navy and
    Marine Corps'', $235,000,000; and ``Military Construction, Air Force'',
    $64,091,000.
        Sec. 130.  Of the funds made available under the following headings
    in Public Law 110-329, the following amounts associated with
    unobligated balances are hereby rescinded: ``Military Construction,
    Army'', $33,000,000; ``Military Construction, Navy and Marine Corps'',
    $51,468,000; ``Military Construction, Defense-Wide'', $93,268,000;
    ``Military Construction, Army National Guard'', $33,000,000; and
    ``Military Construction, Air National Guard'', $7,000,000.

                                    TITLE II

                         DEPARTMENT OF VETERANS AFFAIRS

                        Veterans Benefits Administration

                           compensation and pensions

                         (including transfer of funds)

        For the payment of compensation benefits to or on behalf of
    veterans and a pilot program for disability examinations as authorized
    by section 107 and chapters 11, 13, 18, 51, 53, 55, and 61 of title 38,
    United States Code; pension benefits to or on behalf of veterans as
    authorized by chapters 15, 51, 53, 55, and 61 of title 38, United
    States Code; and burial benefits, the Reinstated Entitlement Program
    for Survivors, emergency and other officers' retirement pay, adjusted-
    service credits and certificates, payment of premiums due on commercial
    life insurance policies guaranteed under the provisions of title IV of
    the Servicemembers Civil Relief Act (50 U.S.C. App. 541 et seq.) and
    for other benefits as authorized by sections 107, 1312, 1977, and 2106,
    and chapters 23, 51, 53, 55, and 61 of title 38, United States Code,
    $47,396,106,000, to remain available until expended: Provided, That not
    to exceed $29,283,000 of the amount appropriated under this heading
    shall be reimbursed to ``General operating expenses'', ``Medical
    support and compliance'', and ``Information technology systems'' for
    necessary expenses in implementing the provisions of chapters 51, 53,
    and 55 of title 38, United States Code, the funding source for which is
    specifically provided as the ``Compensation and pensions''
    appropriation: Provided further, That such sums as may be earned on an
    actual qualifying patient basis, shall be reimbursed to ``Medical care
    collections fund'' to augment the funding of individual medical
    facilities for nursing home care provided to pensioners as authorized.

                             readjustment benefits

        For the payment of readjustment and rehabilitation benefits to or
    on behalf of veterans as authorized by chapters 21, 30, 31, 33, 34, 35,
    36, 39, 51, 53, 55, and 61 of title 38, United States Code,
    $9,232,369,000, to remain available until expended: Provided, That
    expenses for rehabilitation program services and assistance which the
    Secretary is authorized to provide under subsection (a) of section 3104
    of title 38, United States Code, other than under paragraphs (1), (2),
    (5), and (11) of that subsection, shall be charged to this account.

                       veterans insurance and indemnities

        For military and naval insurance, national service life insurance,
    servicemen's indemnities, service-disabled veterans insurance, and
    veterans mortgage life insurance as authorized by title 38, United
    States Code, chapters 19 and 21, $49,288,000, to remain available until
    expended.

                     veterans housing benefit program fund

        For the cost of direct and guaranteed loans, such sums as may be
    necessary to carry out the program, as authorized by subchapters I
    through III of chapter 37 of title 38, United States Code: Provided,
    That such costs, including the cost of modifying such loans, shall be
    as defined in section 502 of the Congressional Budget Act of 1974:
    Provided further, That during fiscal year 2010, within the resources
    available, not to exceed $500,000 in gross obligations for direct loans
    are authorized for specially adapted housing loans.
        In addition, for administrative expenses to carry out the direct
    and guaranteed loan programs, $165,082,000.

                vocational rehabilitation loans program account

        For the cost of direct loans, $29,000, as authorized by chapter 31
    of title 38, United States Code: Provided, That such costs, including
    the cost of modifying such loans, shall be as defined in section 502 of
    the Congressional Budget Act of 1974: Provided further, That funds made
    available under this heading are available to subsidize gross
    obligations for the principal amount of direct loans not to exceed
    $2,298,000.
        In addition, for administrative expenses necessary to carry out the
    direct loan program, $328,000, which may be paid to the appropriation
    for ``General operating expenses''.

              native american veteran housing loan program account

        For administrative expenses to carry out the direct loan program
    authorized by subchapter V of chapter 37 of title 38, United States
    Code, $664,000.

      guaranteed transitional housing loans for homeless veterans program
                                    account

        For the administrative expenses to carry out the guaranteed
    transitional housing loan program authorized by subchapter VI of
    chapter 20 of title 38, United States Code, not to exceed $750,000 of
    the amounts appropriated by this Act for ``General operating expenses''
    and ``Medical support and compliance'' may be expended.

                         Veterans Health Administration

                                medical services

                         (including transfer of funds)

        For necessary expenses for furnishing, as authorized by law,
    inpatient and outpatient care and treatment to beneficiaries of the
    Department of Veterans Affairs and veterans described in section
    1705(a) of title 38, United States Code, including care and treatment
    in facilities not under the jurisdiction of the Department, and
    including medical supplies and equipment, food services, and salaries
    and expenses of health care employees hired under title 38, United
    States Code, and aid to State homes as authorized by section 1741 of
    title 38, United States Code; $71,843,500,000, plus reimbursements, of
    which $37,136,000,000 shall become available on October 1, 2010, and
    shall remain available until September 30, 2011: Provided, That, of the
    amount made available under this heading for fiscal year 2010, not to
    exceed $1,015,000,000 shall remain available until September 30, 2011:
    Provided further, That, notwithstanding any other provision of law, the
    Secretary of Veterans Affairs shall establish a priority for the
    provision of medical treatment for veterans who have service-connected
    disabilities, lower income, or have special needs: Provided further,
    That, notwithstanding any other provision of law, the Secretary of
    Veterans Affairs shall give priority funding for the provision of basic
    medical benefits to veterans in enrollment priority groups 1 through 6:
    Provided further, That, notwithstanding any other provision of law, the
    Secretary of Veterans Affairs may authorize the dispensing of
    prescription drugs from Veterans Health Administration facilities to
    enrolled veterans with privately written prescriptions based on
    requirements established by the Secretary: Provided further, That the
    implementation of the program described in the previous proviso shall
    incur no additional cost to the Department of Veterans Affairs:
    Provided further, That for the Department of Defense/Department of
    Veterans Affairs Health Care Sharing Incentive Fund, as authorized by
    section 8111(d) of title 38, United States Code, a minimum of
    $15,000,000 shall remain available until expended for any purpose
    authorized by section 8111 of title 38, United States Code.

                         medical support and compliance

        For necessary expenses in the administration of the medical,
    hospital, nursing home, domiciliary, construction, supply, and research
    activities, as authorized by law; administrative expenses in support of
    capital policy activities; and administrative and legal expenses of the
    Department for collecting and recovering amounts owed the Department as
    authorized under chapter 17 of title 38, United States Code, and the
    Federal Medical Care Recovery Act (42 U.S.C. 2651 et seq.);
    $10,237,000,000, plus reimbursements, of which $5,307,000,000 shall
    become available on October 1, 2010, and shall remain available until
    September 30, 2011: Provided, That, of the amount made available under
    this heading for fiscal year 2010, not to exceed $145,000,000 shall
    remain available until September 30, 2011.

                               medical facilities

        For necessary expenses for the maintenance and operation of
    hospitals, nursing homes, and domiciliary facilities and other
    necessary facilities of the Veterans Health Administration; for
    administrative expenses in support of planning, design, project
    management, real property acquisition and disposition, construction,
    and renovation of any facility under the jurisdiction or for the use of
    the Department; for oversight, engineering, and architectural
    activities not charged to project costs; for repairing, altering,
    improving, or providing facilities in the several hospitals and homes
    under the jurisdiction of the Department, not otherwise provided for,
    either by contract or by the hire of temporary employees and purchase
    of materials; for leases of facilities; and for laundry services,
    $10,599,000,000, plus reimbursements, of which $5,740,000,000 shall
    become available on October 1, 2010, and shall remain available until
    September 30, 2011: Provided, That, of the amount made available under
    this heading for fiscal year 2010, not to exceed $145,000,000 shall
    remain available until September 30, 2011: Provided further, That, of
    the amount available for fiscal year 2010, $130,000,000 for non-
    recurring maintenance shall be allocated in a manner not subject to the
    Veterans Equitable Resource Allocation.

                        medical and prosthetic research

        For necessary expenses in carrying out programs of medical and
    prosthetic research and development as authorized by chapter 73 of
    title 38, United States Code, $581,000,000, plus reimbursements, shall
    remain available until September 30, 2011.

                        National Cemetery Administration

        For necessary expenses of the National Cemetery Administration for
    operations and maintenance, not otherwise provided for, including
    uniforms or allowances therefor; cemeterial expenses as authorized by
    law; purchase of one passenger motor vehicle for use in cemeterial
    operations; hire of passenger motor vehicles; and repair, alteration or
    improvement of facilities under the jurisdiction of the National
    Cemetery Administration, $250,000,000, of which not to exceed
    $24,200,000 shall remain available until September 30, 2011.

                          Departmental Administration

                           general operating expenses

        For necessary operating expenses of the Department of Veterans
    Affairs, not otherwise provided for, including administrative expenses
    in support of Department-Wide capital planning, management and policy
    activities, uniforms, or allowances therefor; not to exceed $25,000 for
    official reception and representation expenses; hire of passenger motor
    vehicles; and reimbursement of the General Services Administration for
    security guard services, and the Department of Defense for the cost of
    overseas employee mail, $2,086,707,000: Provided, That expenses for
    services and assistance authorized under paragraphs (1), (2), (5), and
    (11) of section 3104(a) of title 38, United States Code, that the
    Secretary of Veterans Affairs determines are necessary to enable
    entitled veterans: (1) to the maximum extent feasible, to become
    employable and to obtain and maintain suitable employment; or (2) to
    achieve maximum independence in daily living, shall be charged to this
    account: Provided further, That the Veterans Benefits Administration
    shall be funded at not less than $1,689,207,000: Provided further, That
    of the funds made available under this heading, not to exceed
    $111,000,000 shall remain available until September 30, 2011: Provided
    further, That from the funds made available under this heading, the
    Veterans Benefits Administration may purchase (on a one-for-one
    replacement basis only) up to two passenger motor vehicles for use in
    operations of that Administration in Manila, Philippines.

                         information technology systems

        For necessary expenses for information technology systems and
    telecommunications support, including developmental information systems
    and operational information systems; for pay and associated costs; and
    for the capital asset acquisition of information technology systems,
    including management and related contractual costs of said
    acquisitions, including contractual costs associated with operations
    authorized by section 3109 of title 5, United States Code,
    $3,307,000,000, plus reimbursements, shall remain available until
    September 30, 2011: Provided, That none of the funds made available
    under this heading may be obligated until the Department of Veterans
    Affairs submits to the Committees on Appropriations of both Houses of
    Congress, and such Committees approve, a plan for expenditure that: (1)
    meets the capital planning and investment control review requirements
    established by the Office of Management and Budget; (2) complies with
    the Department of Veterans Affairs enterprise architecture; (3)
    conforms with an established enterprise life cycle methodology; and (4)
    complies with the acquisition rules, requirements, guidelines, and
    systems acquisition management practices of the Federal Government:
    Provided further, That not later than 30 days after the date of the
    enactment of this Act, the Secretary of Veterans Affairs shall submit
    to the Committees on Appropriations of both Houses of Congress a
    reprogramming base letter which sets forth, by project, the operations
    and maintenance costs, with salary expenses separately designated, and
    development costs to be carried out utilizing amounts made available
    under this heading: Provided further, That of the amounts made
    available under this heading, $800,485,000 may not be obligated or
    expended until the Secretary of Veterans Affairs or the Chief
    Information Officer of the Department of Veterans Affairs submits to
    the Committees on Appropriations of both Houses of Congress a
    certification of the amounts, in parts or in full, to be obligated and
    expended for each development project.

                          office of inspector general

        For necessary expenses of the Office of Inspector General, to
    include information technology, in carrying out the provisions of the
    Inspector General Act of 1978 (5 U.S.C. App.), $109,000,000, of which
    $6,000,000 shall remain available until September 30, 2011.

                          construction, major projects

        For constructing, altering, extending, and improving any of the
    facilities, including parking projects, under the jurisdiction or for
    the use of the Department of Veterans Affairs, or for any of the
    purposes set forth in sections 316, 2404, 2406, 8102, 8103, 8106, 8108,
    8109, 8110, and 8122 of title 38, United States Code, including
    planning, architectural and engineering services, construction
    management services, maintenance or guarantee period services costs
    associated with equipment guarantees provided under the project,
    services of claims analysts, offsite utility and storm drainage system
    construction costs, and site acquisition, where the estimated cost of a
    project is more than the amount set forth in section 8104(a)(3)(A) of
    title 38, United States Code, or where funds for a project were made
    available in a previous major project appropriation, $1,194,000,000, to
    remain available until expended, of which $16,000,000 shall be to make
    reimbursements as provided in section 13 of the Contract Disputes Act
    of 1978 (41 U.S.C. 612) for claims paid for contract disputes:
    Provided, That except for advance planning activities, including needs
    assessments which may or may not lead to capital investments, and other
    capital asset management related activities, including portfolio
    development and management activities, and investment strategy studies
    funded through the advance planning fund and the planning and design
    activities funded through the design fund, including needs assessments
    which may or may not lead to capital investments, and funds provided
    for the purchase of land for the National Cemetery Administration
    through the land acquisition line item, none of the funds made
    available under this heading shall be used for any project which has
    not been approved by the Congress in the budgetary process: Provided
    further, That funds made available under this heading for fiscal year
    2010, for each approved project shall be obligated: (1) by the awarding
    of a construction documents contract by September 30, 2010; and (2) by
    the awarding of a construction contract by September 30, 2011: Provided
    further, That the Secretary of Veterans Affairs shall promptly submit
    to the Committees on Appropriations of both Houses of Congress a
    written report on any approved major construction project for which
    obligations are not incurred within the time limitations established
    above: Provided further, That of the funds made available under this
    heading, $933,030,000 shall be for the projects and activities, and in
    the amounts, specified under this heading in the explanatory statement
    of managers to accompany this Act.

                          construction, minor projects

        For constructing, altering, extending, and improving any of the
    facilities, including parking projects, under the jurisdiction or for
    the use of the Department of Veterans Affairs, including planning and
    assessments of needs which may lead to capital investments,
    architectural and engineering services, maintenance or guarantee period
    services costs associated with equipment guarantees provided under the
    project, services of claims analysts, offsite utility and storm
    drainage system construction costs, and site acquisition, or for any of
    the purposes set forth in sections 316, 2404, 2406, 8102, 8103, 8106,
    8108, 8109, 8110, 8122, and 8162 of title 38, United States Code, where
    the estimated cost of a project is equal to or less than the amount set
    forth in section 8104(a)(3)(A) of title 38, United States Code,
    $703,000,000, to remain available until expended, along with
    unobligated balances of previous ``Construction, minor projects''
    appropriations which are hereby made available for any project where
    the estimated cost is equal to or less than the amount set forth in
    such section: Provided, That funds made available under this heading
    shall be for: (1) repairs to any of the nonmedical facilities under the
    jurisdiction or for the use of the Department which are necessary
    because of loss or damage caused by any natural disaster or
    catastrophe; and (2) temporary measures necessary to prevent or to
    minimize further loss by such causes.

           grants for construction of state extended care facilities

        For grants to assist States to acquire or construct State nursing
    home and domiciliary facilities and to remodel, modify, or alter
    existing hospital, nursing home, and domiciliary facilities in State
    homes, for furnishing care to veterans as authorized by sections 8131
    through 8137 of title 38, United States Code, $100,000,000, to remain
    available until expended.

              grants for construction of state veterans cemeteries

        For grants to assist States in establishing, expanding, or
    improving State veterans cemeteries as authorized by section 2408 of
    title 38, United States Code, $46,000,000, to remain available until
    expended.

                           Administrative Provisions

                         (including transfer of funds)

        Sec. 201.  Any appropriation for fiscal year 2010 for
    ``Compensation and pensions'', ``Readjustment benefits'', and
    ``Veterans insurance and indemnities'' may be transferred as necessary
    to any other of the mentioned appropriations: Provided, That before a
    transfer may take place, the Secretary of Veterans Affairs shall
    request from the Committees on Appropriations of both Houses of
    Congress the authority to make the transfer and such Committees issue
    an approval, or absent a response, a period of 30 days has elapsed.

                         (including transfer of funds)

        Sec. 202.  Amounts made available for the Department of Veterans
    Affairs for fiscal year 2010, in this Act or any other Act, under the
    ``Medical services'', ``Medical support and compliance'', and ``Medical
    facilities'' accounts may be transferred among the accounts: Provided,
    That any transfers between the ``Medical services'' and ``Medical
    support and compliance'' accounts of 1 percent or less of the total
    amount appropriated to the account in this or any other Act may take
    place subject to notification from the Secretary of Veterans Affairs to
    the Committees on Appropriations of both Houses of Congress of the
    amount and purpose of the transfer: Provided further, That any
    transfers between the ``Medical services'' and ``Medical support and
    compliance'' accounts in excess of 1 percent, or exceeding the
    cumulative 1 percent for the fiscal year, may take place only after the
    Secretary requests from the Committees on Appropriations of both Houses
    of Congress the authority to make the transfer and an approval is
    issued: Provided further, That any transfers to or from the ``Medical
    facilities'' account may take place only after the Secretary requests
    from the Committees on Appropriations of both Houses of Congress the
    authority to make the transfer and an approval is issued.
        Sec. 203.  Appropriations available in this title for salaries and
    expenses shall be available for services authorized by section 3109 of
    title 5, United States Code, hire of passenger motor vehicles; lease of
    a facility or land or both; and uniforms or allowances therefore, as
    authorized by sections 5901 through 5902 of title 5, United States
    Code.
        Sec. 204.  No appropriations in this title (except the
    appropriations for ``Construction, major projects'', and
    ``Construction, minor projects'') shall be available for the purchase
    of any site for or toward the construction of any new hospital or home.
        Sec. 205.  No appropriations in this title shall be available for
    hospitalization or examination of any persons (except beneficiaries
    entitled to such hospitalization or examination under the laws
    providing such benefits to veterans, and persons receiving such
    treatment under sections 7901 through 7904 of title 5, United States
    Code, or the Robert T. Stafford Disaster Relief and Emergency
    Assistance Act (42 U.S.C. 5121 et seq.)), unless reimbursement of the
    cost of such hospitalization or examination is made to the ``Medical
    services'' account at such rates as may be fixed by the Secretary of
    Veterans Affairs.
        Sec. 206.  Appropriations available in this title for
    ``Compensation and pensions'', ``Readjustment benefits'', and
    ``Veterans insurance and indemnities'' shall be available for payment
    of prior year accrued obligations required to be recorded by law
    against the corresponding prior year accounts within the last quarter
    of fiscal year 2009.
        Sec. 207.  Appropriations available in this title shall be
    available to pay prior year obligations of corresponding prior year
    appropriations accounts resulting from sections 3328(a), 3334, and
    3712(a) of title 31, United States Code, except that if such
    obligations are from trust fund accounts they shall be payable only
    from ``Compensation and pensions''.

                         (including transfer of funds)

        Sec. 208.  Notwithstanding any other provision of law, during
    fiscal year 2010, the Secretary of Veterans Affairs shall, from the
    National Service Life Insurance Fund under section 1920 of title 38,
    United States Code, the Veterans' Special Life Insurance Fund under
    section 1923 of title 38, United States Code, and the United States
    Government Life Insurance Fund under section 1955 of title 38, United
    States Code, reimburse the ``General operating expenses'' and
    ``Information technology systems'' accounts for the cost of
    administration of the insurance programs financed through those
    accounts: Provided, That reimbursement shall be made only from the
    surplus earnings accumulated in such an insurance program during fiscal
    year 2010 that are available for dividends in that program after claims
    have been paid and actuarially determined reserves have been set aside:
    Provided further, That if the cost of administration of such an
    insurance program exceeds the amount of surplus earnings accumulated in
    that program, reimbursement shall be made only to the extent of such
    surplus earnings: Provided further, That the Secretary shall determine
    the cost of administration for fiscal year 2010 which is properly
    allocable to the provision of each such insurance program and to the
    provision of any total disability income insurance included in that
    insurance program.
        Sec. 209.  Amounts deducted from enhanced-use lease proceeds to
    reimburse an account for expenses incurred by that account during a
    prior fiscal year for providing enhanced-use lease services, may be
    obligated during the fiscal year in which the proceeds are received.

                         (including transfer of funds)

        Sec. 210.  Funds available in this title or funds for salaries and
    other administrative expenses shall also be available to reimburse the
    Office of Resolution Management of the Department of Veterans Affairs
    and the Office of Employment Discrimination Complaint Adjudication
    under section 319 of title 38, United States Code, for all services
    provided at rates which will recover actual costs but not exceed
    $35,257,000 for the Office of Resolution Management and $3,287,000 for
    the Office of Employment and Discrimination Complaint Adjudication:
    Provided, That payments may be made in advance for services to be
    furnished based on estimated costs: Provided further, That amounts
    received shall be credited to the ``General operating expenses'' and
    ``Information technology systems'' accounts for use by the office that
    provided the service.
        Sec. 211.  No appropriations in this title shall be available to
    enter into any new lease of real property if the estimated annual
    rental cost is more than $1,000,000, unless the Secretary submits a
    report which the Committees on Appropriations of both Houses of
    Congress approve within 30 days following the date on which the report
    is received.
        Sec. 212.  No funds of the Department of Veterans Affairs shall be
    available for hospital care, nursing home care, or medical services
    provided to any person under chapter 17 of title 38, United States
    Code, for a non-service-connected disability described in section
    1729(a)(2) of such title, unless that person has disclosed to the
    Secretary of Veterans Affairs, in such form as the Secretary may
    require, current, accurate third-party reimbursement information for
    purposes of section 1729 of such title: Provided, That the Secretary
    may recover, in the same manner as any other debt due the United
    States, the reasonable charges for such care or services from any
    person who does not make such disclosure as required: Provided further,
    That any amounts so recovered for care or services provided in a prior
    fiscal year may be obligated by the Secretary during the fiscal year in
    which amounts are received.

                         (including transfer of funds)

        Sec. 213.  Notwithstanding any other provision of law, proceeds or
    revenues derived from enhanced-use leasing activities (including
    disposal) may be deposited into the ``Construction, major projects''
    and ``Construction, minor projects'' accounts and be used for
    construction (including site acquisition and disposition), alterations,
    and improvements of any medical facility under the jurisdiction or for
    the use of the Department of Veterans Affairs. Such sums as realized
    are in addition to the amount provided for in ``Construction, major
    projects'' and ``Construction, minor projects''.
        Sec. 214.  Amounts made available under ``Medical services'' are
    available--
            (1) for furnishing recreational facilities, supplies, and
        equipment; and
            (2) for funeral expenses, burial expenses, and other expenses
        incidental to funerals and burials for beneficiaries receiving care
        in the Department.

                         (including transfer of funds)

        Sec. 215.  Such sums as may be deposited to the Medical Care
    Collections Fund pursuant to section 1729A of title 38, United States
    Code, may be transferred to ``Medical services'', to remain available
    until expended for the purposes of that account.
        Sec. 216.  The Secretary of Veterans Affairs may enter into
    agreements with Indian tribes and tribal organizations which are party
    to the Alaska Native Health Compact with the Indian Health Service, and
    Indian tribes and tribal organizations serving rural Alaska which have
    entered into contracts with the Indian Health Service under the Indian
    Self Determination and Educational Assistance Act, to provide
    healthcare, including behavioral health and dental care. The Secretary
    shall require participating veterans and facilities to comply with all
    appropriate rules and regulations, as established by the Secretary. The
    term ``rural Alaska'' shall mean those lands sited within the external
    boundaries of the Alaska Native regions specified in sections 7(a)(1)-
    (4) and (7)-(12) of the Alaska Native Claims Settlement Act, as amended
    (43 U.S.C. 1606), and those lands within the Alaska Native regions
    specified in sections 7(a)(5) and 7(a)(6) of the Alaska Native Claims
    Settlement Act, as amended (43 U.S.C. 1606), which are not within the
    boundaries of the Municipality of Anchorage, the Fairbanks North Star
    Borough, the Kenai Peninsula Borough or the Matanuska Susitna Borough.

                         (including transfer of funds)

        Sec. 217.  Such sums as may be deposited to the Department of
    Veterans Affairs Capital Asset Fund pursuant to section 8118 of title
    38, United States Code, may be transferred to the ``Construction, major
    projects'' and ``Construction, minor projects'' accounts, to remain
    available until expended for the purposes of these accounts.
        Sec. 218.  None of the funds made available in this title may be
    used to implement any policy prohibiting the Directors of the Veterans
    Integrated Services Networks from conducting outreach or marketing to
    enroll new veterans within their respective Networks.
        Sec. 219.  The Secretary of Veterans Affairs shall submit to the
    Committees on Appropriations of both Houses of Congress a quarterly
    report on the financial status of the Veterans Health Administration.

                         (including transfer of funds)

        Sec. 220.  Amounts made available under the ``Medical services'',
    ``Medical support and compliance'', ``Medical facilities'', ``General
    operating expenses'', and ``National Cemetery Administration'' accounts
    for fiscal year 2010, may be transferred to or from the ``Information
    technology systems'' account: Provided, That before a transfer may take
    place, the Secretary of Veterans Affairs shall request from the
    Committees on Appropriations of both Houses of Congress the authority
    to make the transfer and an approval is issued.
        Sec. 221.  Amounts made available for the ``Information technology
    systems'' account may be transferred between projects: Provided, That
    no project may be increased or decreased by more than $1,000,000 of
    cost prior to submitting a request to the Committees on Appropriations
    of both Houses of Congress to make the transfer and an approval is
    issued, or absent a response, a period of 30 days has elapsed.
        Sec. 222. (a) Upon a determination by the Secretary of Veterans
    Affairs that such action is in the national interest, and will have a
    direct benefit for veterans through increased access to treatment, the
    Secretary of Veterans Affairs may transfer not more than $5,000,000 to
    the Secretary of Health and Human Services for the Graduate Psychology
    Education Program, which includes treatment of veterans, to support
    increased training of psychologists skilled in the treatment of post-
    traumatic stress disorder, traumatic brain injury, and related
    disorders.
        (b) The Secretary of Health and Human Services may only use funds
    transferred under this section for the purposes described in subsection
    (a).
        (c) The Secretary of Veterans Affairs shall notify Congress of any
    such transfer of funds under this section.
        Sec. 223.  None of the funds appropriated or otherwise made
    available by this Act or any other Act for the Department of Veterans
    Affairs may be used in a manner that is inconsistent with--
            (1) section 842 of the Transportation, Treasury, Housing and
        Urban Development, the Judiciary, the District of Columbia, and
        Independent Agencies Appropriations Act, 2006 (Public Law 109-115;
        119 Stat. 2506); or
            (2) section 8110(a)(5) of title 38, United States Code.
        Sec. 224.  Of the amounts made available to the Department of
    Veterans Affairs for fiscal year 2010, in this Act or any other Act,
    under the ``Medical facilities'' account for non-recurring maintenance,
    not more than 20 percent of the funds made available shall be obligated
    during the last 2 months of that fiscal year: Provided, That the
    Secretary may waive this requirement after providing written notice to
    the Committees on Appropriations of both Houses of Congress.
        Sec. 225.  Section 1925(d)(3) of title 38, United States Code, is
    amended by striking ``appropriation `General Operating Expenses,
    Department of Veterans Affairs''' and inserting ``appropriations for
    `General Operating Expenses and Information Technology Systems,
    Department of Veterans Affairs'''.
        Sec. 226.  Section 1922(a) of title 38, United States Code, is
    amended by striking ``administrative costs to the Government for the
    costs of'' and inserting ``administrative support financed by the
    appropriations for `General Operating Expenses, Department of Veterans
    Affairs' and `Information Technology Systems, Department of Veterans
    Affairs' for''.
        Sec. 227. (a) Effective October 1, 2010, the North Chicago Veterans
    Affairs Medical Center located in Lake County, Illinois, shall be known
    and designated as the ``Captain James A. Lovell Federal Health Care
    Center''.
        (b) Any reference to the medical center referred to in subsection
    (a) in any law, regulation, map, document, record, or other paper of
    the United States shall be considered to be a reference to the Captain
    James A. Lovell Federal Health Care Center.
        Sec. 228.  Section 315(b) of title 38, United States Code, is
    amended by striking ``December 31, 2009'' and inserting ``December 31,
    2010''.
        Sec. 229.  Section 1714(c) of title 38, United States Code is
    amended--
            (1) in paragraph (1), by striking ``and'' at the end;
            (2) in paragraph (2), by striking the period and inserting ``;
        and''; and
            (3) by adding at the end the following new paragraph:
            ``(3) service dogs trained for the aid of persons with mental
        illnesses, including post-traumatic stress disorder, to veterans
        with such illnesses who are enrolled under section 1705 of this
        title.''.
        Sec. 230. (a) The Department of Veterans Affairs Medical Center in
    Louisville, Kentucky, and any successor to such medical center, shall
    after the date of the enactment of this Act be known and designated as
    the ``Robley Rex Department of Veterans Affairs Medical Center''.
        (b) Any reference in any law, regulation, map, document, record, or
    other paper of the United States to the medical center referred to in
    subsection (a) shall be considered to be a reference to the Robley Rex
    Department of Veterans Affairs Medical Center.
        Sec. 231. (a) Section 2703(b) of the Emergency Supplemental
    Appropriations Act for Defense, the Global War on Terror, and Hurricane
    Recovery, 2006 (Public Law 109-234; 120 Stat. 469), as amended by
    section 231 of the Military Construction and Veterans Affairs and
    Related Agencies Appropriations Act, 2009 (division E of Public Law
    110-329; 122 Stat. 3713), is further amended by inserting after ``the
    City of Gulfport'' the following: ``, or its urban renewal agency,''.
        (b) The Secretary of Veterans Affairs shall take appropriate
    actions to modify the quitclaim deeds executed to effectuate the
    conveyance authorized by section 2703 of the Emergency Supplemental
    Appropriations Act for Defense, the Global War on Terror, and Hurricane
    Recovery, 2006, in order to accurately reflect and memorialize the
    amendment made by subsection (a).
        Sec. 232.  Of the amounts appropriated or otherwise made available
    by this title, the Secretary may execute $5,000,000 for cooperative
    agreements with State and local government entities or their designees
    with a demonstrated record of serving veterans to conduct outreach to
    ensure that veterans in underserved areas receive the care and benefits
    for which they are eligible.

                                   TITLE III

                                RELATED AGENCIES

                      American Battle Monuments Commission

                             salaries and expenses

        For necessary expenses, not otherwise provided for, of the American
    Battle Monuments Commission, including the acquisition of land or
    interest in land in foreign countries; purchases and repair of uniforms
    for caretakers of national cemeteries and monuments outside of the
    United States and its territories and possessions; rent of office and
    garage space in foreign countries; purchase (one-for-one replacement
    basis only) and hire of passenger motor vehicles; not to exceed $7,500
    for official reception and representation expenses; and insurance of
    official motor vehicles in foreign countries, when required by law of
    such countries, $62,675,000, to remain available until expended.

                     foreign currency fluctuations account

        For necessary expenses, not otherwise provided for, of the American
    Battle Monuments Commission, such sums as may be necessary, to remain
    available until expended, for purposes authorized by section 2109 of
    title 36, United States Code.

               United States Court of Appeals for Veterans Claims

                             salaries and expenses

        For necessary expenses for the operation of the United States Court
    of Appeals for Veterans Claims as authorized by sections 7251 through
    7298 of title 38, United States Code, $27,115,000, of which $1,820,000
    shall be available for the purpose of providing financial assistance as
    described, and in accordance with the process and reporting procedures
    set forth, under this heading in Public Law 102-229.

                          Department of Defense--Civil

                           Cemeterial Expenses, Army

                             salaries and expenses

        For necessary expenses, as authorized by law, for maintenance,
    operation, and improvement of Arlington National Cemetery and Soldiers'
    and Airmen's Home National Cemetery, including the purchase of two
    passenger motor vehicles for replacement only, and not to exceed $1,000
    for official reception and representation expenses, $39,850,000, to
    remain available until expended: Provided, That none of the funds
    available under this heading shall be for construction of a perimeter
    wall at Arlington National Cemetery. In addition, such sums as may be
    necessary for parking maintenance, repairs and replacement, to be
    derived from the Lease of Department of Defense Real Property for
    Defense Agencies account.
        Funds appropriated under this Act may be provided to Arlington
    County, Virginia, for the relocation of the federally-owned water main
    at Arlington National Cemetery making additional land available for
    ground burials.

                          Armed Forces Retirement Home

                                   trust fund

        For expenses necessary for the Armed Forces Retirement Home to
    operate and maintain the Armed Forces Retirement Home--Washington,
    District of Columbia, and the Armed Forces Retirement Home--Gulfport,
    Mississippi, to be paid from funds available in the Armed Forces
    Retirement Home Trust Fund, $134,000,000, of which $72,000,000 shall
    remain available until expended for construction and renovation of the
    physical plants at the Armed Forces Retirement Home--Washington,
    District of Columbia, and the Armed Forces Retirement Home--Gulfport,
    Mississippi.

                                    TITLE IV

                        OVERSEAS CONTINGENCY OPERATIONS

                             DEPARTMENT OF DEFENSE

                          Military Construction, Army

        For an additional amount for ``Military Construction, Army'',
    $924,484,000, to remain available until September 30, 2012: Provided,
    That the amount appropriated in this paragraph shall be for the
    projects and activities, and in the amounts, specified under the
    headings ``Army'' in the table entitled ``Overseas Contingency
    Operations'' in the explanatory statement of managers to accompany this
    Act.

                        Military Construction, Air Force

        For an additional amount for ``Military Construction, Air Force'',
    $474,500,000, to remain available until September 30, 2012: Provided,
    That the amount appropriated in this paragraph shall be for the
    projects and activities, and in the amounts, specified under the
    headings ``Air Force'' in the table entitled ``Overseas Contingency
    Operations'' in the explanatory statement of managers to accompany this
    Act.

                            Administrative Provision

        Sec. 401.  Amounts appropriated or otherwise made available by this
    title are designated as being for overseas deployments and other
    activities pursuant to sections 401(c)(4) and 423(a)(1) of S. Con. Res.
    13 (111th Congress), the concurrent resolution on the budget for fiscal
    year 2010.

                                    TITLE V

                               GENERAL PROVISIONS

        Sec. 501.  No part of any appropriation contained in this Act shall
    remain available for obligation beyond the current fiscal year unless
    expressly so provided herein.
        Sec. 502.  Such sums as may be necessary for fiscal year 2010 for
    pay raises for programs funded by this Act shall be absorbed within the
    levels appropriated in this Act.
        Sec. 503.  None of the funds made available in this Act may be used
    for any program, project, or activity, when it is made known to the
    Federal entity or official to which the funds are made available that
    the program, project, or activity is not in compliance with any Federal
    law relating to risk assessment, the protection of private property
    rights, or unfunded mandates.
        Sec. 504.  No part of any funds appropriated in this Act shall be
    used by an agency of the executive branch, other than for normal and
    recognized executive-legislative relationships, for publicity or
    propaganda purposes, and for the preparation, distribution, or use of
    any kit, pamphlet, booklet, publication, radio, television, or film
    presentation designed to support or defeat legislation pending before
    Congress, except in presentation to Congress itself.
        Sec. 505.  All departments and agencies funded under this Act are
    encouraged, within the limits of the existing statutory authorities and
    funding, to expand their use of ``E-Commerce'' technologies and
    procedures in the conduct of their business practices and public
    service activities.
        Sec. 506.  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 or any other appropriations Act.
        Sec. 507.  Unless stated otherwise, all reports and notifications
    required by this Act shall be submitted to the Subcommittee on Military
    Construction and Veterans Affairs, and Related Agencies of the
    Committee on Appropriations of the House of Representatives and the
    Subcommittee on Military Construction and Veterans Affairs, and Related
    Agencies of the Committee on Appropriations of the Senate.
        Sec. 508.  None of the funds made available in this Act may be used
    for a project or program named for an individual serving as a Member,
    Delegate, or Resident Commissioner of the United States House of
    Representatives.
        Sec. 509.  None of the funds made available in this Act may be used
    for the processing of new enhanced-use leases at the National Homes for
    Disabled Volunteer Soldiers located in Milwaukee, Wisconsin.
        Sec. 510. (a) Any agency receiving funds made available in this
    Act, shall, subject to subsections (b) and (c), post on the public
    website of that agency any report required to be submitted by the
    Congress in this or any other Act, upon the determination by the head
    of the agency that it shall serve the national interest.
        (b) Subsection (a) shall not apply to a report if--
            (1) the public posting of the report compromises national
        security; or
            (2) the report contains confidential or proprietary
        information.
        (c) The head of the agency posting such report shall do so only
    after such report has been made available to the requesting Committee
    or Committees of Congress for no less than 45 days.
        Sec. 511.  None of the funds made available in this division or any
    other division in this Act may be distributed to the Association of
    Community Organizations for Reform Now (ACORN) or its subsidiaries.
         This division may be cited as the ``Military Construction and
    Veterans Affairs and Related Agencies Appropriations Act, 2010''.

       DIVISION F--DEPARTMENT OF STATE, FOREIGN OPERATIONS, AND RELATED
                       PROGRAMS APPROPRIATIONS ACT, 2010

                                    TITLE I

                     DEPARTMENT OF STATE AND RELATED AGENCY

                              DEPARTMENT OF STATE

                       Administration of Foreign Affairs

                        diplomatic and consular programs

                         (including transfer of funds)

        For necessary expenses of the Department of State and the Foreign
    Service not otherwise provided for, $8,227,000,000, of which
    $1,586,214,000 is for Worldwide Security Protection (to remain
    available until expended): Provided, That the Secretary of State may
    transfer up to $137,600,000 of the total funds made available under
    this heading to any other appropriation of any department or agency of
    the United States, upon the concurrence of the head of such department
    or agency, to support operations in and assistance for Afghanistan and
    to carry out the provisions of the Foreign Assistance Act of 1961:
    Provided further, That funds made available under this heading shall be
    allocated as follows:
            (1) Human resources.--For necessary expenses for training,
        human resources management, and salaries, including employment
        without regard to civil service and classification laws of persons
        on a temporary basis (not to exceed $700,000), as authorized by
        section 801 of the United States Information and Educational
        Exchange Act of 1948, $2,667,130,000 to remain available until
        September 30, 2011, of which not less than $138,075,000 shall be
        available only for public diplomacy American salaries, and
        $220,840,000 is for Worldwide Security Protection and shall remain
        available until expended: Provided, That the Secretary of State
        shall submit to the Committees on Appropriations, concurrent with
        the fiscal year 2011 congressional budget justification materials,
        a strategy described in the joint explanatory statement of the
        committee of conference (hereafter ``joint explanatory statement'')
        accompanying this Act for projected personnel requirements for the
        United States Department of State over the next 3 fiscal years.
            (2) Overseas programs.--For necessary expenses for the regional
        bureaus of the Department of State and overseas activities as
        authorized by law, $2,495,158,000, to remain available until
        September 30, 2011, of which not less than $381,800,000 shall be
        available only for public diplomacy international information
        programs.
            (3) Diplomatic policy and support.--For necessary expenses for
        the functional bureaus of the Department of State including
        representation to certain international organizations in which the
        United States participates pursuant to treaties ratified pursuant
        to the advice and consent of the Senate or specific Acts of
        Congress, general administration, and arms control,
        nonproliferation and disarmament activities as authorized,
        $892,012,000, to remain available until September 30, 2011.
            (4) Security programs.--For necessary expenses for security
        activities, $2,172,700,000, to remain available until September 30,
        2011, of which $1,365,374,000 is for Worldwide Security Protection
        and shall remain available until expended.
            (5) Fees and payments collected.--In addition to amounts
        otherwise made available under this heading--
                (A) not to exceed $1,653,305 shall be derived from fees
            collected from other executive agencies for lease or use of
            facilities located at the International Center in accordance
            with section 4 of the International Center Act, and, in
            addition, as authorized by section 5 of such Act, $490,000, to
            be derived from the reserve authorized by that section, to be
            used for the purposes set out in that section;
                (B) as authorized by section 810 of the United States
            Information and Educational Exchange Act, not to exceed
            $6,000,000, to remain available until expended, may be credited
            to this appropriation from fees or other payments received from
            English teaching, library, motion pictures, and publication
            programs and from fees from educational advising and counseling
            and exchange visitor programs; and
                (C) not to exceed $15,000, which shall be derived from
            reimbursements, surcharges and fees for use of Blair House
            facilities.
            (6) Transfer, reprogramming, and spending plan.--
                (A) Notwithstanding any provision of this Act, funds may be
            reprogrammed within and between subsections under this heading
            subject to section 7015 of this Act.
                (B) Of the amount made available under this heading, not to
            exceed $10,000,000 may be transferred to, and merged with,
            funds made available by this Act under the heading
            ``Emergencies in the Diplomatic and Consular Service'', to be
            available only for emergency evacuations and rewards, as
            authorized.
                (C) Funds appropriated under this heading are available for
            acquisition by exchange or purchase of passenger motor vehicles
            as authorized by law and, pursuant to 31 U.S.C. 1108(g), for
            the field examination of programs and activities in the United
            States funded from any account contained in this title.
                (D) Not later than 45 days after the enactment of this Act,
            the Secretary of State shall submit to the Committees on
            Appropriations a report detailing planned expenditures for
            funds appropriated under this heading.

                       civilian stabilization initiative

        For necessary expenses to support, maintain, mobilize, and deploy a
    civilian response corps in coordination with the United States Agency
    for International Development (USAID), and for related reconstruction
    and stabilization assistance to prevent or respond to conflict or civil
    strife in foreign countries or regions, or to enable transition from
    such strife, $120,000,000, to remain available until expended:
    Provided, That funds made available under this heading may be made
    available in fiscal year 2010 to provide administrative expenses for
    the Office of the Coordinator for Reconstruction and Stabilization:
    Provided further, That notwithstanding any other provision of law and
    following consultation with the Committees on Appropriations, the
    President may exercise transfer authorities contained in the Foreign
    Assistance Act of 1961 for reconstruction and stabilization assistance
    managed by the Office of the Coordinator for Reconstruction and
    Stabilization only to support an actively deployed Civilian Response
    Corps, subject to the regular notification procedures of the Committees
    on Appropriations: Provided further, That of the funds appropriated
    under this heading, $10,000,000 shall be withheld from obligation until
    the Secretary of State reports to the Committees on Appropriations that
    the Department of State has signed a memorandum of understanding with
    the Department of Defense relating to the provision of airlift for
    deployment of Civilian Response Corps personnel and equipment: Provided
    further, That not later than 45 days after enactment of this Act, the
    Secretary of State and the USAID Administrator shall submit a
    coordinated joint spending plan for funds made available under this
    heading and under the heading ``Civilian Stabilization Initiative'' in
    title II of this Act.

                            capital investment fund

        For necessary expenses of the Capital Investment Fund,
    $139,000,000, to remain available until expended, as authorized:
    Provided, That section 135(e) of Public Law 103-236 shall not apply to
    funds available under this heading.

                          office of inspector general

        For necessary expenses of the Office of Inspector General,
    $100,000,000, notwithstanding section 209(a)(1) of the Foreign Service
    Act of 1980 (Public Law 96-465), as it relates to post inspections, of
    which $23,000,000 shall be for the Special Inspector General for Iraq
    Reconstruction for reconstruction oversight, and $23,000,000 shall be
    for the Special Inspector General for Afghanistan Reconstruction for
    reconstruction oversight.

                   educational and cultural exchange programs

        For expenses of educational and cultural exchange programs, as
    authorized, $635,000,000, to remain available until expended: Provided,
    That not to exceed $5,000,000, to remain available until expended, may
    be credited to this appropriation from fees or other payments received
    from or in connection with English teaching, educational advising and
    counseling programs, and exchange visitor programs as authorized.

                           representation allowances

        For representation allowances as authorized, $8,175,000.

                  protection of foreign missions and officials

        For expenses, not otherwise provided, to enable the Secretary of
    State to provide for extraordinary protective services, as authorized,
    $28,000,000, to remain available until September 30, 2011.

                embassy security, construction, and maintenance

        For necessary expenses for carrying out the Foreign Service
    Buildings Act of 1926 (22 U.S.C. 292-303), preserving, maintaining,
    repairing, and planning for buildings that are owned or directly leased
    by the Department of State, renovating, in addition to funds otherwise
    available, the Harry S Truman Building, and carrying out the Diplomatic
    Security Construction Program as authorized, $876,850,000, to remain
    available until expended as authorized, of which not to exceed $25,000
    may be used for domestic and overseas representation as authorized:
    Provided, That none of the funds appropriated in this paragraph shall
    be available for acquisition of furniture, furnishings, or generators
    for other departments and agencies.
        In addition, for the costs of worldwide security upgrades,
    acquisition, and construction as authorized, $847,300,000, to remain
    available until expended: Provided, That not later than 45 days after
    enactment of this Act, the Secretary of State shall submit to the
    Committees on Appropriations the proposed allocation of funds made
    available under this heading and the actual and anticipated proceeds of
    sales for all projects in fiscal year 2010.

               emergencies in the diplomatic and consular service

                         (including transfer of funds)

        For necessary expenses to enable the Secretary of State to meet
    unforeseen emergencies arising in the Diplomatic and Consular Service,
    $10,000,000, to remain available until expended as authorized, of which
    not to exceed $1,000,000 may be transferred to, and merged with, funds
    appropriated by this Act under the heading ``Repatriation Loans Program
    Account'', subject to the same terms and conditions.

                        buying power maintenance account

        To offset adverse fluctuations in foreign currency exchange rates
    and/or overseas wage and price changes, as authorized by section 24(b)
    of the State Department Basic Authorities Act of 1956 (22 U.S.C.
    2696(b)), $8,500,000, to remain available until expended.

                       repatriation loans program account

                         (including transfer of funds)

        For the cost of direct loans, $739,000, as authorized: Provided,
    That such costs, including the cost of modifying such loans, shall be
    as defined in section 502 of the Congressional Budget Act of 1974.
        In addition, for administrative expenses necessary to carry out the
    direct loan program, $711,000, which may be transferred to, and merged
    with, funds made available under the heading ``Diplomatic and Consular
    Programs''.

                  payment to the american institute in taiwan

        For necessary expenses to carry out the Taiwan Relations Act
    (Public Law 96-8), $21,174,000.

         payment to the foreign service retirement and disability fund

        For payment to the Foreign Service Retirement and Disability Fund,
    as authorized, $158,900,000.

                          International Organizations

                  contributions to international organizations

        For necessary expenses, not otherwise provided for, to meet annual
    obligations of membership in international multilateral organizations,
    pursuant to treaties ratified pursuant to the advice and consent of the
    Senate, conventions or specific Acts of Congress, $1,682,500,000:
    Provided, That the Secretary of State shall, at the time of the
    submission of the President's budget to Congress under section 1105(a)
    of title 31, United States Code, transmit to the Committees on
    Appropriations the most recent biennial budget prepared by the United
    Nations for the operations of the United Nations: Provided further,
    That the Secretary of State shall notify the Committees on
    Appropriations at least 15 days in advance (or in an emergency, as far
    in advance as is practicable) of any United Nations action to increase
    funding for any United Nations program without identifying an
    offsetting decrease elsewhere in the United Nations budget: Provided
    further, That any payment of arrearages under this heading shall be
    directed toward activities that are mutually agreed upon by the United
    States and the respective international organization: Provided further,
    That none of the funds appropriated under this heading shall be
    available for a United States contribution to an international
    organization for the United States share of interest costs made known
    to the United States Government by such organization for loans incurred
    on or after October 1, 1984, through external borrowings.

            contributions for international peacekeeping activities

        For necessary expenses to pay assessed and other expenses of
    international peacekeeping activities directed to the maintenance or
    restoration of international peace and security, $2,125,000,000, of
    which 15 percent shall remain available until September 30, 2011:
    Provided, That none of the funds made available by this Act shall be
    obligated or expended for any new or expanded United Nations
    peacekeeping mission unless, at least 15 days in advance of voting for
    the new or expanded mission in the United Nations Security Council (or
    in an emergency as far in advance as is practicable): (1) the
    Committees on Appropriations are notified of the estimated cost and
    length of the mission, the national interest that will be served, the
    planned exit strategy, and that the United Nations has taken
    appropriate measures to prevent United Nations employees, contractor
    personnel, and peacekeeping forces serving in the mission from
    trafficking in persons, exploiting victims of trafficking, or
    committing acts of illegal sexual exploitation, and to hold accountable
    individuals who engage in such acts while participating in the
    peacekeeping mission, including the prosecution in their home countries
    of such individuals in connection with such acts; and (2) notification
    pursuant to section 7015 of this Act is submitted, and the procedures
    therein followed, setting forth the source of funds that will be used
    to pay for the cost of the new or expanded mission: Provided further,
    That funds shall be available for peacekeeping expenses unless the
    Secretary of State determines that American manufacturers and suppliers
    are not being given opportunities to provide equipment, services, and
    material for United Nations peacekeeping activities equal to those
    being given to foreign manufacturers and suppliers.

                           International Commissions

        For necessary expenses, not otherwise provided for, to meet
    obligations of the United States arising under treaties, or specific
    Acts of Congress, as follows:

     international boundary and water commission, united states and mexico

        For necessary expenses for the United States Section of the
    International Boundary and Water Commission, United States and Mexico,
    and to comply with laws applicable to the United States Section,
    including not to exceed $6,000 for representation; as follows:

                             salaries and expenses

        For salaries and expenses, not otherwise provided for, $33,000,000.

                                  construction

        For detailed plan preparation and construction of authorized
    projects, $43,250,000, to remain available until expended, as
    authorized.

                  american sections, international commissions

        For necessary expenses, not otherwise provided, for the
    International Joint Commission and the International Boundary
    Commission, United States and Canada, as authorized by treaties between
    the United States and Canada or Great Britain, and the Border
    Environment Cooperation Commission as authorized by Public Law 103-182,
    $12,608,000: Provided, That of the amount provided under this heading
    for the International Joint Commission, $9,000 may be made available
    for representation expenses.

                      international fisheries commissions

        For necessary expenses for international fisheries commissions, not
    otherwise provided for, as authorized by law, $53,976,000: Provided,
    That the United States share of such expenses may be advanced to the
    respective commissions pursuant to 31 U.S.C. 3324: Provided further,
    That in addition to other funds available for such purposes, funds
    available under this heading may be used to make payments necessary to
    fulfill the United States' obligations under the Pacific Salmon Treaty.

                                 RELATED AGENCY

                        Broadcasting Board of Governors

                     international broadcasting operations

        For necessary expenses to enable the Broadcasting Board of
    Governors (BBG), as authorized, to carry out international
    communication activities, including the purchase, rent, construction,
    and improvement of facilities for radio and television transmission and
    reception and purchase, lease, and installation of necessary equipment
    for radio and television transmission and reception to Cuba, and to
    make and supervise grants for radio and television broadcasting to the
    Middle East, $733,788,000, of which not more than $5,500,000 may be
    made available for non-salary and benefits expenses for TV Marti
    broadcasts to Cuba: Provided, That of the total amount in this heading,
    not to exceed $16,000 may be used for official receptions within the
    United States as authorized, not to exceed $35,000 may be used for
    representation abroad as authorized, and not to exceed $39,000 may be
    used for official reception and representation expenses of Radio Free
    Europe/Radio Liberty: Provided further, That the authority provided by
    section 504(c) of the Foreign Relations Authorization Act, Fiscal Year
    2003 (Public Law 107-228; 22 U.S.C. 6206 note) shall remain in effect
    through September 30, 2010: Provided further, That not later than 45
    days after enactment of this Act, the BBG shall report to the
    Committees on Appropriations that all BBG language services and
    grantees, including the broadcasters to the Middle East, Afghanistan,
    and Pakistan, have processes and policies, including appropriate
    management and editorial controls, to require that programming abide by
    the standards and principles set forth in the United States
    International Broadcasting Act of 1994 (22 U.S.C. 6202(a) and (b)) and
    the relevant journalistic code of ethics, and not provide an open
    platform for terrorists or those who support terrorists: Provided
    further, That the BBG shall notify the Committees on Appropriations
    within 15 days of any determination by the Board that any of its
    broadcast entities, including its grantee organizations, was found to
    be in violation of the principles, standards, or journalistic code of
    ethics referenced in the previous proviso: Provided further, That in
    addition to funds made available under this heading, and
    notwithstanding any other provision of law, up to $2,000,000 in
    receipts from advertising and revenue from business ventures, up to
    $500,000 in receipts from cooperating international organizations, and
    up to $1,000,000 in receipts from privatization efforts of the Voice of
    America and the International Broadcasting Bureau, to remain available
    until expended for carrying out authorized purposes.

                       broadcasting capital improvements

        For the purchase, rent, construction, and improvement of facilities
    for radio and television transmission and reception, and purchase and
    installation of necessary equipment for radio and television
    transmission and reception as authorized, $12,622,000, to remain
    available until expended, as authorized.

                                RELATED PROGRAMS

                              The Asia Foundation

        For a grant to The Asia Foundation, as authorized by The Asia
    Foundation Act (22 U.S.C. 4402), $19,000,000, to remain available until
    expended, as authorized.

                        United States Institute of Peace

        For necessary expenses of the United States Institute of Peace, as
    authorized by the United States Institute of Peace Act, $49,220,000, to
    remain available until September 30, 2011, of which up to $15,000,000
    may be used for construction activities.

             Center for Middle Eastern-Western Dialogue Trust Fund

        For necessary expenses of the Center for Middle Eastern-Western
    Dialogue Trust Fund, the total amount of the interest and earnings
    accruing to such Fund on or before September 30, 2010, to remain
    available until expended.

                     Eisenhower Exchange Fellowship Program

        For necessary expenses of Eisenhower Exchange Fellowships,
    Incorporated, as authorized by sections 4 and 5 of the Eisenhower
    Exchange Fellowship Act of 1990 (20 U.S.C. 5204-5205), all interest and
    earnings accruing to the Eisenhower Exchange Fellowship Program Trust
    Fund on or before September 30, 2010, to remain available until
    expended: Provided, That none of the funds appropriated herein shall be
    used to pay any salary or other compensation, or to enter into any
    contract providing for the payment thereof, in excess of the rate
    authorized by 5 U.S.C. 5376; or for purposes which are not in
    accordance with OMB Circulars A-110 (Uniform Administrative
    Requirements) and A-122 (Cost Principles for Non-profit Organizations),
    including the restrictions on compensation for personal services.

                        Israeli Arab Scholarship Program

        For necessary expenses of the Israeli Arab Scholarship Program, as
    authorized by section 214 of the Foreign Relations Authorization Act,
    Fiscal Years 1992 and 1993 (22 U.S.C. 2452), all interest and earnings
    accruing to the Israeli Arab Scholarship Fund on or before September
    30, 2010, to remain available until expended.

                                East-West Center

        To enable the Secretary of State to provide for carrying out the
    provisions of the Center for Cultural and Technical Interchange Between
    East and West Act of 1960, by grant to the Center for Cultural and
    Technical Interchange Between East and West in the State of Hawaii,
    $23,000,000: Provided, That none of the funds appropriated herein shall
    be used to pay any salary, or enter into any contract providing for the
    payment thereof, in excess of the rate authorized by 5 U.S.C. 5376.

                        National Endowment for Democracy

        For grants made by the Department of State to the National
    Endowment for Democracy, as authorized by the National Endowment for
    Democracy Act, $118,000,000, to remain available until expended, of
    which $100,000,000 shall be allocated in the traditional and customary
    manner, including for the core institutes, and $18,000,000 shall be for
    democracy, human rights, and rule of law programs: Provided, That the
    President of the National Endowment for Democracy shall provide to the
    Committees on Appropriations not later than 45 days after the date of
    enactment of this Act a report on the proposed uses of funds under this
    heading on a regional and country basis.

                               OTHER COMMISSIONS

          Commission for the Preservation of America's Heritage Abroad

                             salaries and expenses

        For necessary expenses for the Commission for the Preservation of
    America's Heritage Abroad, $635,000, as authorized by section 1303 of
    Public Law 99-83.

          United States Commission on International Religious Freedom

                             salaries and expenses

        For necessary expenses for the United States Commission on
    International Religious Freedom, as authorized by title II of the
    International Religious Freedom Act of 1998 (Public Law 105-292),
    $4,300,000, to remain available until September 30, 2011: Provided,
    That notwithstanding the expenditure limitation specified in section
    208(c)(1) of such Act (22 U.S.C. 6435a(c)(1)), the Commission may
    expend up to $250,000 of the funds made available under this heading to
    procure temporary and intermittent services under the authority of
    section 3109(b) of title 5, United States Code.

                Commission on Security and Cooperation in Europe

                             salaries and expenses

        For necessary expenses of the Commission on Security and
    Cooperation in Europe, as authorized by Public Law 94-304, $2,610,000,
    to remain available until September 30, 2011.

      Congressional-Executive Commission on the People's Republic of China

                             salaries and expenses

        For necessary expenses of the Congressional-Executive Commission on
    the People's Republic of China, as authorized, $2,000,000, including
    not more than $3,000 for the purpose of official representation, to
    remain available until September 30, 2011.

          United States-China Economic and Security Review Commission

                             salaries and expenses

        For necessary expenses of the United States-China Economic and
    Security Review Commission, $3,500,000, including not more than $4,000
    for the purpose of official representation, to remain available until
    September 30, 2011: Provided, That the Commission shall provide to the
    Committees on Appropriations a quarterly accounting of the cumulative
    balances of any unobligated funds that were received by the Commission
    during any previous fiscal year: Provided further, That section 308(e)
    of the United States-China Relations Act of 2000 (22 U.S.C. 6918(e))
    (relating to the treatment of employees as Congressional employees),
    and section 309 of such Act (22 U.S.C. 6919) (relating to printing and
    binding costs), shall apply to the Commission in the same manner as
    such section applies to the Congressional-Executive Commission on the
    People's Republic of China: Provided further, That the Commission shall
    comply with chapter 43 of title 5, United States Code, regarding the
    establishment and regular review of employee performance appraisals:
    Provided further, That the Commission shall comply with section 4505a
    of title 5, United States Code, with respect to limitations on payment
    of performance-based cash awards: Provided further, That compensation
    for the executive director of the Commission may not exceed the rate
    payable for level II of the Executive Schedule under section 5313 of
    title 5, United States Code: Provided further, That travel by members
    and staff of the Commission shall be arranged and conducted under the
    rules and procedures applying to travel by members and staff of the
    House of Representatives.

                                    TITLE II

               UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT

                      Funds Appropriated to the President

                               operating expenses

                         (including transfer of funds)

        For necessary expenses to carry out the provisions of section 667
    of the Foreign Assistance Act of 1961, $1,388,800,000, of which up to
    $105,000,000 may remain available until September 30, 2011: Provided,
    That none of the funds appropriated under this heading and under the
    heading ``Capital Investment Fund'' in this Act may be made available
    to finance the construction (including architect and engineering
    services), purchase, or long-term lease of offices for use by the
    United States Agency for International Development (USAID), unless the
    USAID Administrator has identified such proposed construction
    (including architect and engineering services), purchase, or long-term
    lease of offices in a report submitted to the Committees on
    Appropriations at least 15 days prior to the obligation of funds for
    such purposes: Provided further, That the previous proviso shall not
    apply when the total cost of construction (including architect and
    engineering services), purchase, or long-term lease of offices does not
    exceed $1,000,000: Provided further, That of the funds appropriated
    under this heading that are available for capital investments related
    to the Development Leadership Initiative, up to $245,000,000 may remain
    available until September 30, 2014: Provided further, That the USAID
    Administrator shall submit to the Committees on Appropriations,
    concurrent with the fiscal year 2011 congressional budget justification
    materials, a strategy described in the joint explanatory statement
    accompanying this Act for projected personnel requirements for USAID
    over the next 3 fiscal years: Provided further, That contracts or
    agreements entered into with funds appropriated under this heading may
    entail commitments for the expenditure of such funds through the
    following fiscal year: Provided further, That any decision to open a
    new USAID overseas mission or office or, except where there is a
    substantial security risk to mission personnel, to close or
    significantly reduce the number of personnel of any such mission or
    office, shall be subject to the regular notification procedures of the
    Committees on Appropriations: Provided further, That the authority of
    sections 610 and 109 of the Foreign Assistance Act of 1961 may be
    exercised by the Secretary of State to transfer funds appropriated to
    carry out chapter 1 of part I of such Act to ``Operating Expenses'' in
    accordance with the provisions of those sections: Provided further,
    That of the funds appropriated or made available under this heading,
    not to exceed $250,000 may be available for representation and
    entertainment allowances, of which not to exceed $5,000 may be
    available for entertainment allowances, for USAID during the current
    fiscal year: Provided further, That no such entertainment funds may be
    used for the purposes listed in section 7020 of this Act: Provided
    further, That appropriate steps shall be taken to assure that, to the
    maximum extent possible, United States-owned foreign currencies are
    utilized in lieu of dollars.

                       civilian stabilization initiative

        For necessary expenses to carry out section 667 of the Foreign
    Assistance Act of 1961 for the United States Agency for International
    Development (USAID) to support, maintain, mobilize, and deploy a
    Civilian Response Corps in coordination with the Department of State,
    and for related reconstruction and stabilization assistance to prevent
    or respond to conflict or civil strife in foreign countries or regions,
    or to enable transition from such strife, $30,000,000, to remain
    available until expended: Provided, That not later than 45 days after
    enactment of this Act, the Secretary of State and the USAID
    Administrator shall submit a coordinated joint spending plan for funds
    made available under this heading and under the heading ``Civilian
    Stabilization Initiative'' in title I of this Act.

                            capital investment fund

        For necessary expenses for overseas construction and related costs,
    and for the procurement and enhancement of information technology and
    related capital investments, pursuant to section 667 of the Foreign
    Assistance Act of 1961, $185,000,000, to remain available until
    expended, of which not more than $134,500,000 may be made available for
    the purpose of implementing the Capital Security Cost-Sharing Program:
    Provided, That this amount is in addition to funds otherwise available
    for such purposes: Provided further, That funds appropriated under this
    heading shall be available for obligation only pursuant to the regular
    notification procedures of the Committees on Appropriations.

                          office of inspector general

        For necessary expenses to carry out the provisions of section 667
    of the Foreign Assistance Act of 1961, $46,500,000, to remain available
    until September 30, 2011, which sum shall be available for the Office
    of Inspector General of the United States Agency for International
    Development.

                                   TITLE III

                         BILATERAL ECONOMIC ASSISTANCE

                      Funds Appropriated to the President

        For necessary expenses to enable the President to carry out the
    provisions of the Foreign Assistance Act of 1961, and for other
    purposes, to remain available until September 30, 2010, unless
    otherwise specified herein, as follows:

                        global health and child survival

                         (including transfer of funds)

        For necessary expenses to carry out the provisions of chapters 1
    and 10 of part I of the Foreign Assistance Act of 1961, for global
    health activities, in addition to funds otherwise available for such
    purposes, $2,420,000,000, to remain available until September 30, 2011,
    and which shall be apportioned directly to the United States Agency for
    International Development (USAID): Provided, That this amount shall be
    made available for such activities as: (1) child survival and maternal
    health programs; (2) immunization and oral rehydration programs; (3)
    other health, nutrition, water and sanitation programs which directly
    address the needs of mothers and children, and related education
    programs; (4) assistance for children displaced or orphaned by causes
    other than AIDS; (5) programs for the prevention, treatment, control
    of, and research on HIV/AIDS, tuberculosis, polio, malaria, and other
    infectious diseases including neglected tropical diseases, and for
    assistance to communities severely affected by HIV/AIDS, including
    children infected or affected by AIDS; and (6) family planning/
    reproductive health: Provided further, That none of the funds
    appropriated under this paragraph may be made available for nonproject
    assistance, except that funds may be made available for such assistance
    for ongoing health activities: Provided further, That of the funds
    appropriated under this paragraph, $78,000,000 should be made available
    for a United States contribution to the GAVI Alliance: Provided
    further, That none of the funds made available in this Act nor any
    unobligated balances from prior appropriations Acts may be made
    available to any organization or program which, as determined by the
    President of the United States, supports or participates in the
    management of a program of coercive abortion or involuntary
    sterilization: Provided further, That any determination made under the
    previous proviso must be made no later than 6 months after the date of
    enactment of this Act, and must be accompanied by the evidence and
    criteria utilized to make the determination: Provided further, That
    none of the funds made available under this Act may be used to pay for
    the performance of abortion as a method of family planning or to
    motivate or coerce any person to practice abortions: Provided further,
    That nothing in this paragraph shall be construed to alter any existing
    statutory prohibitions against abortion under section 104 of the
    Foreign Assistance Act of 1961: Provided further, That none of the
    funds made available under this Act may be used to lobby for or against
    abortion: Provided further, That in order to reduce reliance on
    abortion in developing nations, funds shall be available only to
    voluntary family planning projects which offer, either directly or
    through referral to, or information about access to, a broad range of
    family planning methods and services, and that any such voluntary
    family planning project shall meet the following requirements: (1)
    service providers or referral agents in the project shall not implement
    or be subject to quotas, or other numerical targets, of total number of
    births, number of family planning acceptors, or acceptors of a
    particular method of family planning (this provision shall not be
    construed to include the use of quantitative estimates or indicators
    for budgeting and planning purposes); (2) the project shall not include
    payment of incentives, bribes, gratuities, or financial reward to: (A)
    an individual in exchange for becoming a family planning acceptor; or
    (B) program personnel for achieving a numerical target or quota of
    total number of births, number of family planning acceptors, or
    acceptors of a particular method of family planning; (3) the project
    shall not deny any right or benefit, including the right of access to
    participate in any program of general welfare or the right of access to
    health care, as a consequence of any individual's decision not to
    accept family planning services; (4) the project shall provide family
    planning acceptors comprehensible information on the health benefits
    and risks of the method chosen, including those conditions that might
    render the use of the method inadvisable and those adverse side effects
    known to be consequent to the use of the method; and (5) the project
    shall ensure that experimental contraceptive drugs and devices and
    medical procedures are provided only in the context of a scientific
    study in which participants are advised of potential risks and
    benefits; and, not less than 60 days after the date on which the USAID
    Administrator determines that there has been a violation of the
    requirements contained in paragraph (1), (2), (3), or (5) of this
    proviso, or a pattern or practice of violations of the requirements
    contained in paragraph (4) of this proviso, the Administrator shall
    submit to the Committees on Appropriations a report containing a
    description of such violation and the corrective action taken by the
    Agency: Provided further, That in awarding grants for natural family
    planning under section 104 of the Foreign Assistance Act of 1961 no
    applicant shall be discriminated against because of such applicant's
    religious or conscientious commitment to offer only natural family
    planning; and, additionally, all such applicants shall comply with the
    requirements of the previous proviso: Provided further, That for
    purposes of this or any other Act authorizing or appropriating funds
    for the Department of State, foreign operations, and related programs,
    the term ``motivate'', as it relates to family planning assistance,
    shall not be construed to prohibit the provision, consistent with local
    law, of information or counseling about all pregnancy options: Provided
    further, That to the maximum extent practicable, taking into
    consideration cost, timely availability, and best health practices,
    funds appropriated in this Act or prior appropriations Acts that are
    made available for condom procurement should be made available for the
    procurement of condoms manufactured in the United States: Provided
    further, That information provided about the use of condoms as part of
    projects or activities that are funded from amounts appropriated by
    this Act shall be medically accurate and shall include the public
    health benefits and failure rates of such use.
        In addition, for necessary expenses to carry out the provisions of
    the Foreign Assistance Act of 1961 for the prevention, treatment, and
    control of, and research on, HIV/AIDS, $5,359,000,000, to remain
    available until expended, and which shall be apportioned directly to
    the Department of State: Provided, That of the funds appropriated under
    this paragraph, not less than $750,000,000 shall be made available,
    notwithstanding any other provision of law, except for the United
    States Leadership Against HIV/AIDS, Tuberculosis and Malaria Act of
    2003 (Public Law 108-25), as amended, for a United States contribution
    to the Global Fund to Fight AIDS, Tuberculosis and Malaria, and shall
    be expended at the minimum rate necessary to make timely payment for
    projects and activities: Provided further, That up to 5 percent of the
    aggregate amount of funds made available to the Global Fund in fiscal
    year 2010 may be made available to USAID for technical assistance
    related to the activities of the Global Fund: Provided further, That of
    the funds appropriated under this paragraph, up to $14,000,000 may be
    made available, in addition to amounts otherwise available for such
    purposes, for administrative expenses of the Office of the United
    States Global AIDS Coordinator.

                             development assistance

        For necessary expenses to carry out the provisions of sections 103,
    105, 106, and sections 251 through 255, and chapter 10 of part I of the
    Foreign Assistance Act of 1961, $2,520,000,000, to remain available
    until September 30, 2011: Provided, That of the funds appropriated by
    this Act, not less than $265,000,000 shall be made available for
    microenterprise and microfinance development programs for the poor,
    especially women: Provided further, That of the funds appropriated
    under this heading, not less than $23,500,000 shall be made available
    for the American Schools and Hospitals Abroad program: Provided
    further, That of the funds appropriated under this heading, $10,000,000
    shall be made available for cooperative development programs within the
    Office of Private and Voluntary Cooperation, United States Agency for
    International Development (USAID): Provided further, That of the funds
    appropriated by this Act, not less than $315,000,000 shall be made
    available for water and sanitation supply projects pursuant to the
    Senator Paul Simon Water for the Poor Act of 2005 (Public Law 109-121):
    Provided further, That the relevant bureaus and offices of USAID that
    support cross-cutting development programs shall coordinate such
    programs on a regular basis: Provided further, That of the funds
    appropriated by title III of this Act, not less than $1,169,833,000
    should be made available for food security and agricultural development
    programs, which may be made available notwithstanding any other
    provision of law to address critical food shortages, of which
    $31,500,000 shall be made available for Collaborative Research Support
    Programs: Provided further, That prior to the obligation of funds
    pursuant to the previous proviso and after consultation with other
    relevant Federal departments and agencies, the Committees on
    Appropriations, and relevant nongovernmental organizations, the USAID
    Administrator shall submit to the Committees on Appropriations a
    strategy for achieving food security and agricultural development
    program goals: Provided further, That of the funds appropriated under
    this heading for food security and agricultural development programs,
    $10,000,000 shall be made available for a United States contribution to
    the endowment of the Global Crop Diversity Trust pursuant to section
    3202 of Public Law 110-246: Provided further, That of the funds
    appropriated under this heading, not less than $20,000,000 shall be
    made available for programs to improve women's leadership capacity in
    recipient countries.

                       international disaster assistance

        For necessary expenses to carry out the provisions of section 491
    of the Foreign Assistance Act of 1961 for international disaster
    relief, rehabilitation, and reconstruction assistance, $845,000,000, to
    remain available until expended.

                             transition initiatives

        For necessary expenses for international disaster rehabilitation
    and reconstruction assistance pursuant to section 491 of the Foreign
    Assistance Act of 1961, $55,000,000, to remain available until
    expended, to support transition to democracy and to long-term
    development of countries in crisis: Provided, That such support may
    include assistance to develop, strengthen, or preserve democratic
    institutions and processes, revitalize basic infrastructure, and foster
    the peaceful resolution of conflict: Provided further, That the United
    States Agency for International Development shall submit a report to
    the Committees on Appropriations at least 5 days prior to beginning a
    new program of assistance: Provided further, That if the Secretary of
    State determines that it is important to the national interests of the
    United States to provide transition assistance in excess of the amount
    appropriated under this heading, up to $15,000,000 of the funds
    appropriated by this Act to carry out the provisions of part I of the
    Foreign Assistance Act of 1961 may be used for purposes of this heading
    and under the authorities applicable to funds appropriated under this
    heading: Provided further, That funds made available pursuant to the
    previous proviso shall be made available subject to prior consultation
    with the Committees on Appropriations.

                              complex crises fund

        For necessary expenses to carry out the provisions of the Foreign
    Assistance Act of 1961 to enable the Administrator of the United States
    Agency for International Development (USAID), in consultation with the
    Secretary of State, to support programs and activities to prevent or
    respond to emerging or unforeseen complex crises overseas, $50,000,000,
    to remain available until expended: Provided, That funds appropriated
    under this heading may be made available on such terms and conditions
    as the USAID Administrator may determine, in consultation with the
    Committees on Appropriations, for the purposes of preventing or
    responding to such crises, except that no funds shall be made available
    to respond to natural disasters: Provided further, That funds
    appropriated under this heading shall be made available notwithstanding
    section 10 of Public Law 91-672 and section 15 of the State Department
    Basic Authorities Act of 1956: Provided further, That the USAID
    Administrator may furnish assistance under this heading notwithstanding
    any other provision of law, except sections 7007, 7008, and 7018 of
    this Act and section 620J of the Foreign Assistance Act of 1961:
    Provided further, That funds appropriated under this heading shall be
    subject to the regular notification procedures of the Committees on
    Appropriations, except that such notifications shall be transmitted at
    least 5 days in advance of the obligation of funds: Provided further,
    That the requirements of the previous proviso may be waived if failure
    to do so would pose a substantial risk to human health or welfare:
    Provided further, That in case of any such waiver, notification to the
    Committees on Appropriations shall be provided as early as practicable,
    but in no event later than 3 days after taking the action to which such
    notification requirement was applicable, in the context of the
    circumstances necessitating such waiver: Provided further, That any
    such notification provided pursuant to such waiver shall contain an
    explanation of the emergency circumstances.

                          development credit authority

                         (including transfer of funds)

        For the cost of direct loans and loan guarantees provided by the
    United States Agency for International Development, as authorized by
    sections 256 and 635 of the Foreign Assistance Act of 1961, up to
    $25,000,000 may be derived by transfer from funds appropriated by this
    Act to carry out part I of such Act and under the heading ``Assistance
    for Europe, Eurasia and Central Asia'': Provided, That funds provided
    under this paragraph and funds provided as a gift pursuant to section
    635(d) of the Foreign Assistance Act of 1961 shall be made available
    only for micro and small enterprise programs, urban programs, and other
    programs which further the purposes of part I of such Act: Provided
    further, That such costs, including the cost of modifying such direct
    and guaranteed loans, shall be as defined in section 502 of the
    Congressional Budget Act of 1974, as amended: Provided further, That
    funds made available by this paragraph may be used for the cost of
    modifying any such guaranteed loans under this Act or prior Acts, and
    funds used for such costs shall be subject to the regular notification
    procedures of the Committees on Appropriations: Provided further, That
    the provisions of section 107A(d) (relating to general provisions
    applicable to the Development Credit Authority) of the Foreign
    Assistance Act of 1961, as contained in section 306 of H.R. 1486 as
    reported by the House Committee on International Relations on May 9,
    1997, shall be applicable to direct loans and loan guarantees provided
    under this heading: Provided further, That these funds are available to
    subsidize total loan principal, any portion of which is to be
    guaranteed, of up to $700,000,000.
        In addition, for administrative expenses to carry out credit
    programs administered by the United States Agency for International
    Development, $8,600,000, which may be transferred to, and merged with,
    funds made available under the heading ``Operating Expenses'' in title
    II of this Act: Provided, That funds made available under this heading
    shall remain available until September 30, 2012.

                             economic support fund

                         (including transfer of funds)

        For necessary expenses to carry out the provisions of chapter 4 of
    part II of the Foreign Assistance Act of 1961, $6,337,000,000, to
    remain available until September 30, 2011: Provided, That of the funds
    appropriated under this heading, $250,000,000 shall be available only
    for assistance for Egypt, which sum shall be provided on a grant basis,
    and of which sum cash transfer assistance shall be provided with the
    understanding that Egypt will undertake significant economic and
    democratic reforms which are additional to those which were undertaken
    in previous fiscal years: Provided further, That of the funds
    appropriated under this heading for assistance for Egypt, not less than
    $25,000,000 shall be made available for democracy, human rights and
    governance programs, and not less than $35,000,000 shall be made
    available for education programs, of which not less than $10,000,000 is
    for scholarships for Egyptian students with high financial need:
    Provided further, That $11,000,000 of the funds appropriated under this
    heading should be made available for assistance for Cyprus to be used
    only for scholarships, administrative support of the scholarship
    program, bicommunal projects, and measures aimed at reunification of
    the island and designed to reduce tensions and promote peace and
    cooperation between the two communities on Cyprus: Provided further,
    That $12,000,000 of the funds made available for assistance for Lebanon
    under this heading shall be made available for educational scholarships
    for students in Lebanon with high financial need: Provided further,
    That of the funds appropriated under this heading, not less than
    $363,000,000 shall be made available only for assistance for Jordan:
    Provided further, That of the funds appropriated under this heading not
    more than $400,400,000 may be made available for assistance for the
    West Bank and Gaza, of which not to exceed $2,000,000 may be used for
    administrative expenses of the United States Agency for International
    Development (USAID), in addition to funds otherwise available for such
    purposes: Provided further, That not more than $150,000,000 of the
    funds provided for the West Bank and Gaza shall be for cash transfer
    assistance: Provided further, That funds appropriated under this
    heading that are made available for assistance for infrastructure
    projects in Pakistan shall be implemented in a manner consistent with
    section 507(6) of the Trade Act of 1974 (19 U.S.C. 2467(6)): Provided
    further, That of the funds appropriated under this heading for
    assistance for Afghanistan and Pakistan, assistance may be provided
    notwithstanding any provision of law that restricts assistance to
    foreign countries for cross border stabilization and development
    programs between Afghanistan and Pakistan or between either country and
    the Central Asian republics: Provided further, That funds appropriated
    by this Act for assistance for Afghanistan and Pakistan may be made
    available for government-to-government assistance only if the Secretary
    of State certifies to the Committees on Appropriations that the
    Government of the United States and the government of the recipient
    country have agreed, in writing, to clear and achievable goals and
    objectives for the use of such funds, and have established mechanisms
    within each implementing agency to ensure that such funds are used for
    the purposes for which they were intended: Provided further, That any
    such cash transfer assistance shall be subject to prior consultation
    with the Committees on Appropriations: Provided further, That the
    Secretary of State should suspend any such cash transfer assistance to
    an implementing agency if the Secretary has credible evidence of misuse
    of such funds by any such agency: Provided further, That any decision
    to significantly modify the scope, objectives or implementation
    mechanisms of United States assistance programs in Afghanistan or
    Pakistan shall be subject to prior consultation with, and the regular
    notification procedures of, the Committees on Appropriations, except
    that the prior consultation requirement may be waived if it is
    determined that failure to do so would pose a substantial risk to human
    health or welfare: Provided further, That in case of any such waiver,
    notification to the Committees on Appropriations shall be provided as
    early as practicable, but in no event later than 3 days after taking
    the action to which such consultation requirement was applicable:
    Provided further, That of the funds made available under this heading
    for assistance for Pakistan, $2,000,000 shall be transferred to, and
    merged with, funds available under the heading ``Administration of
    Foreign Affairs, Office of Inspector General'' for oversight of
    programs in Pakistan: Provided further, That of the funds appropriated
    under this heading, $209,790,000 shall be apportioned directly to USAID
    for alternative development/institution building programs in Colombia:
    Provided further, That of the funds appropriated under this heading
    that are available for assistance for Colombia, not less than
    $8,000,000 shall be transferred to, and merged with, funds appropriated
    under the heading ``Migration and Refugee Assistance'' and shall be
    made available only for assistance to nongovernmental and international
    organizations that provide assistance to Colombian refugees in
    neighboring countries.

                                 democracy fund

        For necessary expenses to carry out the provisions of the Foreign
    Assistance Act of 1961 for the promotion of democracy globally,
    $120,000,000, to remain available until September 30, 2011, of which
    $70,000,000 shall be made available for the Human Rights and Democracy
    Fund of the Bureau of Democracy, Human Rights and Labor, Department of
    State, and $50,000,000 shall be made available for the Office of
    Democracy and Governance of the Bureau for Democracy, Conflict, and
    Humanitarian Assistance, United States Agency for International
    Development.

                         international fund for ireland

        For necessary expenses to carry out the provisions of chapter 4 of
    part II of the Foreign Assistance Act of 1961, $17,000,000, which shall
    be available for the United States contribution to the International
    Fund for Ireland and shall be made available in accordance with the
    provisions of the Anglo-Irish Agreement Support Act of 1986 (Public Law
    99-415): Provided, That such amount shall be expended at the minimum
    rate necessary to make timely payment for projects and activities:
    Provided further, That funds made available under this heading shall
    remain available until September 30, 2011.

                assistance for europe, eurasia and central asia

        For necessary expenses to carry out the provisions of the Foreign
    Assistance Act of 1961, the FREEDOM Support Act, and the Support for
    East European Democracy (SEED) Act of 1989, $741,632,000, to remain
    available until September 30, 2011, which shall be available,
    notwithstanding any other provision of law, for assistance and for
    related programs for countries identified in section 3 of the FREEDOM
    Support Act and section 3(c) of the SEED Act: Provided, That funds
    appropriated under this heading shall be considered to be economic
    assistance under the Foreign Assistance Act of 1961 for purposes of
    making available the administrative authorities contained in that Act
    for the use of economic assistance: Provided further, That
    notwithstanding any provision of this or any other Act, funds
    appropriated in prior years under the headings ``Independent States of
    the Former Soviet Union'' and similar headings and ``Assistance for
    Eastern Europe and the Baltic States'' and similar headings, and
    currencies generated by or converted from such funds, shall be
    available for use in any country for which funds are made available
    under this heading without regard to the geographic limitations of the
    heading under which such funds were originally appropriated: Provided
    further, That funds made available for the Southern Caucasus region may
    be used for confidence-building measures and other activities in
    furtherance of the peaceful resolution of conflicts, including in
    Nagorno-Karabakh: Provided further, That of the funds appropriated
    under this heading that are available for assistance for the Kyrgyz
    Republic, up to $11,500,000 shall be made available for the Joint
    Development Fund.

                              Department of State

                        migration and refugee assistance

        For necessary expenses, not otherwise provided for, to enable the
    Secretary of State to provide, as authorized by law, a contribution to
    the International Committee of the Red Cross, assistance to refugees,
    including contributions to the International Organization for Migration
    and the United Nations High Commissioner for Refugees, and other
    activities to meet refugee and migration needs; salaries and expenses
    of personnel and dependents as authorized by the Foreign Service Act of
    1980; allowances as authorized by sections 5921 through 5925 of title
    5, United States Code; purchase and hire of passenger motor vehicles;
    and services as authorized by section 3109 of title 5, United States
    Code, $1,685,000,000, to remain available until expended, of which
    $25,000,000 shall be made available for refugees resettling in Israel,
    and not less than $35,000,000 shall be made available to respond to
    small-scale emergency humanitarian requirements of international and
    nongovernmental partners.

         united states emergency refugee and migration assistance fund

        For necessary expenses to carry out the provisions of section 2(c)
    of the Migration and Refugee Assistance Act of 1962, as amended (22
    U.S.C. 2601(c)), $45,000,000, to remain available until expended.

                              Independent Agencies

                                  peace corps

                         (including transfer of funds)

        For necessary expenses to carry out the provisions of the Peace
    Corps Act (22 U.S.C. 2501-2523), including the purchase of not to
    exceed five passenger motor vehicles for administrative purposes for
    use outside of the United States, $400,000,000, to remain available
    until September 30, 2011: Provided, That none of the funds appropriated
    under this heading shall be used to pay for abortions: Provided
    further, That the Director of the Peace Corps may transfer to the
    Foreign Currency Fluctuations Account, as authorized by 22 U.S.C. 2515,
    an amount not to exceed $5,000,000: Provided further, That funds
    transferred pursuant to the previous proviso may not be derived from
    amounts made available for Peace Corps overseas operations: Provided
    further, That of the funds appropriated under this heading, not to
    exceed $4,000 may be made available for entertainment expenses:
    Provided further, That any decision to open, close, significantly
    reduce, or suspend a domestic or overseas office or country program
    shall be subject to prior consultation with, and the regular
    notification procedures of, the Committees on Appropriations, except
    that prior consultation and regular notification procedures may be
    waived when there is a substantial security risk to volunteers or other
    Peace Corps personnel, pursuant to section 7015(e) of this Act:
    Provided further, That not later than 45 days after enactment of this
    Act, the Director shall submit a spending plan to the Committees on
    Appropriations on the proposed uses of funds under this heading:
    Provided further, That not later than 180 days after enactment of this
    Act, the Director shall, after consultation with the Committees on
    Appropriations, submit a report to the Committees that includes the
    findings of a comprehensive assessment of the current program model of
    the Peace Corps and a strategy for reforming and improving operations.

                        millennium challenge corporation

                         (including transfer of funds)

        For necessary expenses to carry out the provisions of the
    Millennium Challenge Act of 2003, $1,105,000,000 to remain available
    until expended: Provided, That of the funds appropriated under this
    heading, up to $95,000,000 may be available for administrative expenses
    of the Millennium Challenge Corporation (the Corporation): Provided
    further, That up to 10 percent of the funds appropriated under this
    heading may be made available to carry out the purposes of section 616
    of the Millennium Challenge Act of 2003 for fiscal year 2010: Provided
    further, That section 605(e)(4) of the Millennium Challenge Act of 2003
    shall apply to funds appropriated under this heading: Provided further,
    That funds appropriated under this heading may be made available for a
    Millennium Challenge Compact entered into pursuant to section 609 of
    the Millennium Challenge Act of 2003 only if such Compact obligates, or
    contains a commitment to obligate subject to the availability of funds
    and the mutual agreement of the parties to the Compact to proceed, the
    entire amount of the United States Government funding anticipated for
    the duration of the Compact: Provided further, That the Corporation
    should reimburse the United States Agency for International Development
    (USAID) for all expenses incurred by USAID with funds appropriated
    under this heading in assisting the Corporation in carrying out such
    Act, including administrative costs for compact development,
    negotiation, and implementation: Provided further, That the Chief
    Executive Officer of the Millennium Challenge Corporation shall notify
    the Committees on Appropriations not later than 15 days prior to
    signing any new country compact or new threshold country program;
    terminating or suspending any country compact or threshold country
    program; or commencing negotiations for any new compact or threshold
    country program: Provided further, That funds appropriated by this Act
    or any prior Act appropriating funds for the Department of State,
    foreign operations, and related programs that are made available for a
    Millennium Challenge Compact and that are suspended or terminated by
    the Chief Executive Officer of the Corporation shall be subject to the
    regular notification procedures of the Committees on Appropriations
    prior to re-obligation: Provided further, That none of the funds
    appropriated by this Act and prior Acts making appropriations for the
    Department of State, foreign operations, and related programs under
    this heading may be used for military assistance or military training,
    including for assistance for military or paramilitary purposes and for
    assistance to military forces: Provided further, That the terms and
    conditions of section 1105(c) of Public Law 111-32 shall apply to funds
    appropriated under this heading: Provided further, That a Millennium
    Challenge Corporation candidate country selected as an eligible country
    in fiscal year 2009 in accordance with section 607(c) of the Millennium
    Challenge Act of 2003 that is transitioning out of one of the income
    categories identified in subsections 606(a) and (b) shall retain its
    candidacy status at the lower income category for purposes of setting
    compact funding levels for the fiscal year of its transition and the
    two subsequent fiscal years: Provided further, That of the funds
    appropriated under this heading, not to exceed $100,000 may be
    available for representation and entertainment allowances, of which not
    to exceed $5,000 may be available for entertainment allowances.

                           inter-american foundation

        For necessary expenses to carry out the functions of the Inter-
    American Foundation in accordance with the provisions of section 401 of
    the Foreign Assistance Act of 1969, $23,000,000, to remain available
    until September 30, 2011: Provided, That of the funds appropriated
    under this heading, not to exceed $2,000 may be available for
    entertainment and representation allowances.

                         african development foundation

        For necessary expenses to carry out title V of the International
    Security and Development Cooperation Act of 1980 (Public Law 96-533),
    $30,000,000, to remain available until September 30, 2011: Provided,
    That funds made available to grantees may be invested pending
    expenditure for project purposes when authorized by the Board of
    Directors of the Foundation: Provided further, That interest earned
    shall be used only for the purposes for which the grant was made:
    Provided further, That notwithstanding section 505(a)(2) of the African
    Development Foundation Act, in exceptional circumstances the Board of
    Directors of the Foundation may waive the $250,000 limitation contained
    in that section with respect to a project and a project may exceed the
    limitation by up to $10,000 if the increase is due solely to foreign
    currency fluctuation: Provided further, That the Foundation shall
    provide a report to the Committees on Appropriations after each time
    such waiver authority is exercised.

                           Department of the Treasury

                   international affairs technical assistance

        For necessary expenses to carry out the provisions of section 129
    of the Foreign Assistance Act of 1961, $25,000,000, to remain available
    until September 30, 2012, which shall be available notwithstanding any
    other provision of law.

                               debt restructuring

        For the cost, as defined in section 502 of the Congressional Budget
    Act of 1974, of modifying loans and loan guarantees, as the President
    may determine, for which funds have been appropriated or otherwise made
    available for programs within the International Affairs Budget Function
    150, including the cost of selling, reducing, or canceling amounts owed
    to the United States as a result of concessional loans made to eligible
    countries, pursuant to parts IV and V of the Foreign Assistance Act of
    1961, of modifying concessional credit agreements with least developed
    countries, as authorized under section 411 of the Agricultural Trade
    Development and Assistance Act of 1954, as amended, of concessional
    loans, guarantees and credit agreements, as authorized under section
    572 of the Foreign Operations, Export Financing, and Related Programs
    Appropriations Act, 1989 (Public Law 100-461), and of canceling amounts
    owed, as a result of loans or guarantees made pursuant to the Export-
    Import Bank Act of 1945, by countries that are eligible for debt
    reduction pursuant to title V of H.R. 3425 as enacted into law by
    section 1000(a)(5) of Public Law 106-113, $60,000,000, to remain
    available until September 30, 2012: Provided, That not less than
    $20,000,000 of the funds appropriated under this heading shall be made
    available to carry out the provisions of part V of the Foreign
    Assistance Act of 1961: Provided further, That amounts paid to the
    Heavily Indebted Poor Countries (HIPC) Trust Fund may be used only to
    fund debt reduction under the enhanced HIPC initiative by--
            (1) the Inter-American Development Bank;
            (2) the African Development Fund;
            (3) the African Development Bank; and
            (4) the Central American Bank for Economic Integration:
    Provided further, That funds may not be paid to the HIPC Trust Fund for
    the benefit of any country if the Secretary of State has credible
    evidence that the central government of such country is engaged in a
    consistent pattern of gross violations of internationally recognized
    human rights or in military or civil conflict that undermines its
    ability to develop and implement measures to alleviate poverty and to
    devote adequate human and financial resources to that end: Provided
    further, That on the basis of final appropriations, the Secretary of
    the Treasury shall consult with the Committees on Appropriations
    concerning which countries and international financial institutions are
    expected to benefit from a United States contribution to the HIPC Trust
    Fund during the fiscal year: Provided further, That the Secretary of
    the Treasury shall notify the Committees on Appropriations not less
    than 15 days in advance of the signature of an agreement by the United
    States to make payments to the HIPC Trust Fund of amounts for such
    countries and institutions: Provided further, That the Secretary of the
    Treasury may disburse funds designated for debt reduction through the
    HIPC Trust Fund only for the benefit of countries that--
            (1) have committed, for a period of 24 months, not to accept
        new market-rate loans from the international financial institution
        receiving debt repayment as a result of such disbursement, other
        than loans made by such institutions to export-oriented commercial
        projects that generate foreign exchange which are generally
        referred to as ``enclave'' loans; and
            (2) have documented and demonstrated their commitment to
        redirect their budgetary resources from international debt
        repayments to programs to alleviate poverty and promote economic
        growth that are additional to or expand upon those previously
        available for such purposes:
    Provided further, That any limitation of subsection (e) of section 411
    of the Agricultural Trade Development and Assistance Act of 1954 shall
    not apply to funds appropriated under this heading: Provided further,
    That none of the funds made available under this heading in this or any
    other appropriations Act shall be made available for Sudan or Burma
    unless the Secretary of the Treasury determines and notifies the
    Committees on Appropriations that a democratically elected government
    has taken office.

                                    TITLE IV

                       INTERNATIONAL SECURITY ASSISTANCE

                              Department of State

              international narcotics control and law enforcement

        For necessary expenses to carry out section 481 of the Foreign
    Assistance Act of 1961, $1,597,000,000, to remain available until
    September 30, 2011: Provided, That during fiscal year 2010, the
    Department of State may also use the authority of section 608 of the
    Foreign Assistance Act of 1961, without regard to its restrictions, to
    receive excess property from an agency of the United States Government
    for the purpose of providing it to a foreign country or international
    organization under chapter 8 of part I of that Act subject to the
    regular notification procedures of the Committees on Appropriations:
    Provided further, That the Secretary of State shall provide to the
    Committees on Appropriations not later than 45 days after the date of
    the enactment of this Act and prior to the initial obligation of funds
    appropriated under this heading, a report on the proposed uses of all
    funds under this heading on a country-by-country basis for each
    proposed program, project, or activity: Provided further, That section
    482(b) of the Foreign Assistance Act of 1961 shall not apply to funds
    appropriated under this heading: Provided further, That assistance
    provided with funds appropriated under this heading that is made
    available notwithstanding section 482(b) of the Foreign Assistance Act
    of 1961 shall be made available subject to the regular notification
    procedures of the Committees on Appropriations: Provided further, That
    of the funds appropriated under this heading, $5,000,000 should be made
    available to combat piracy of United States copyrighted materials,
    consistent with the requirements of section 688(a) and (b) of the
    Department of State, Foreign Operations, and Related Programs
    Appropriations Act, 2008 (division J of Public Law 110-161): Provided
    further, That none of the funds appropriated under this heading for
    assistance for Afghanistan may be made available for eradication
    programs through the aerial spraying of herbicides unless the Secretary
    of State determines and reports to the Committees on Appropriations
    that the President of Afghanistan has requested assistance for such
    aerial spraying programs for counternarcotics purposes: Provided
    further, That in the event the Secretary of State makes a determination
    pursuant to the previous proviso, the Secretary shall consult with the
    Committees on Appropriations prior to the obligation of funds for such
    eradication programs: Provided further, That none of the funds
    appropriated under this heading for assistance for Colombia shall be
    made available for budget support or as cash payments: Provided
    further, That none of the funds appropriated under this heading shall
    be made available for assistance for the Bolivian military and police
    unless the Secretary of State determines and reports to the Committees
    on Appropriations that the Government of Bolivia is investigating,
    prosecuting, and punishing military and police personnel who have been
    credibly alleged to have violated internationally recognized human
    rights.

        nonproliferation, anti-terrorism, demining and related programs

        For necessary expenses for nonproliferation, anti-terrorism,
    demining and related programs and activities, $754,000,000, to carry
    out the provisions of chapter 8 of part II of the Foreign Assistance
    Act of 1961 for anti-terrorism assistance, chapter 9 of part II of the
    Foreign Assistance Act of 1961, section 504 of the FREEDOM Support Act,
    section 23 of the Arms Export Control Act or the Foreign Assistance Act
    of 1961 for demining activities, the clearance of unexploded ordnance,
    the destruction of small arms, and related activities, notwithstanding
    any other provision of law, including activities implemented through
    nongovernmental and international organizations, and section 301 of the
    Foreign Assistance Act of 1961 for a voluntary contribution to the
    International Atomic Energy Agency (IAEA), and for a United States
    contribution to the Comprehensive Nuclear Test Ban Treaty Preparatory
    Commission: Provided, That of this amount not to exceed $75,000,000, to
    remain available until expended, may be made available for the
    Nonproliferation and Disarmament Fund, notwithstanding any other
    provision of law, to promote bilateral and multilateral activities
    relating to nonproliferation, disarmament and weapons destruction:
    Provided further, That such funds may also be used for such countries
    other than the Independent States of the former Soviet Union and
    international organizations when it is in the national security
    interest of the United States to do so: Provided further, That funds
    made available for the Nonproliferation and Disarmament Fund shall be
    subject to prior consultation with, and the regular notification
    procedures of, the Committees on Appropriations: Provided further, That
    funds appropriated under this heading may be made available for the
    IAEA unless the Secretary of State determines that Israel is being
    denied its right to participate in the activities of that Agency:
    Provided further, That of the funds appropriated under this heading,
    not more than $500,000 may be made available for public-private
    partnerships for conventional weapons and mine action by grant,
    cooperative agreement or contract: Provided further, That of the funds
    made available for demining and related activities, not to exceed
    $700,000, in addition to funds otherwise available for such purposes,
    may be used for administrative expenses related to the operation and
    management of the demining program: Provided further, That funds
    appropriated under this heading that are available for ``Anti-terrorism
    Assistance'' and ``Export Control and Border Security'' shall remain
    available until September 30, 2011.

                            peacekeeping operations

        For necessary expenses to carry out the provisions of section 551
    of the Foreign Assistance Act of 1961, $331,500,000: Provided, That
    funds appropriated under this heading may be used, notwithstanding
    section 660 of such Act, to provide assistance to enhance the capacity
    of foreign civilian security forces, including gendarmes, to
    participate in peacekeeping operations: Provided further, That of the
    funds appropriated under this heading, up to $102,000,000 may be made
    available for assistance for Somalia, of which up to $55,000,000 may be
    used to pay assessed expenses of international peacekeeping activities
    in Somalia: Provided further, That of the funds appropriated under this
    heading, not less than $26,000,000 shall be made available for a United
    States contribution to the Multinational Force and Observers mission in
    the Sinai: Provided further, That none of the funds appropriated under
    this heading shall be obligated or expended except as provided through
    the regular notification procedures of the Committees on
    Appropriations.

                      Funds Appropriated to the President

                 international military education and training

        For necessary expenses to carry out the provisions of section 541
    of the Foreign Assistance Act of 1961, $108,000,000, of which up to
    $4,000,000 may remain available until expended and may only be provided
    through the regular notification procedures of the Committees on
    Appropriations: Provided, That the civilian personnel for whom military
    education and training may be provided under this heading may include
    civilians who are not members of a government whose participation would
    contribute to improved civil-military relations, civilian control of
    the military, or respect for human rights: Provided further, That funds
    made available under this heading for assistance for Angola,
    Bangladesh, Cameroon, Central African Republic, Chad, Cote d'Ivoire,
    Democratic Republic of the Congo, Ethiopia, Guatemala, Guinea, Haiti,
    Kenya, Libya, Nepal, Nigeria, and Sri Lanka may only be provided
    through the regular notification procedures of the Committees on
    Appropriations and any such notification shall include a detailed
    description of proposed activities: Provided further, That of the funds
    appropriated under this heading, not to exceed $55,000 may be available
    for entertainment allowances.

                       foreign military financing program

        For necessary expenses for grants to enable the President to carry
    out the provisions of section 23 of the Arms Export Control Act,
    $4,195,000,000: Provided, That to expedite the provision of assistance
    to foreign countries and international organizations, the Secretary of
    State, following consultation with the Committees on Appropriations and
    subject to the regular notification procedures of such Committees, may
    use the funds appropriated under this heading to procure defense
    articles and services to enhance the capacity of foreign security
    forces: Provided further, That of the funds appropriated under this
    heading, not less than $2,220,000,000 shall be available for grants
    only for Israel, and not less than $1,040,000,000 shall be made
    available for grants only for Egypt, including for border security
    programs and activities in the Sinai: Provided further, That the funds
    appropriated under this heading for assistance for Israel shall be
    disbursed within 30 days of the enactment of this Act: Provided
    further, That to the extent that the Government of Israel requests that
    funds be used for such purposes, grants made available for Israel under
    this heading shall, as agreed by the United States and Israel, be
    available for advanced weapons systems, of which not less than
    $583,860,000 shall be available for the procurement in Israel of
    defense articles and defense services, including research and
    development: Provided further, That funds appropriated under this
    heading estimated to be outlayed for Egypt during fiscal year 2010
    shall be transferred to an interest bearing account for Egypt in the
    Federal Reserve Bank of New York within 30 days of enactment of this
    Act:  Provided further, That of the funds appropriated under this
    heading, $150,000,000 shall be made available for assistance for
    Jordan: Provided further, That of the funds appropriated under this
    heading, not more than $55,000,000 shall be available for assistance
    for Colombia, of which up to $12,500,000 is available to support
    maritime interdiction and riverine operations: Provided further, That
    of the funds appropriated under this heading, not less than
    $238,000,000 should be made available for assistance for Pakistan:
    Provided further, That in addition to the funds made available in the
    previous proviso, up to $60,000,000 of the funds appropriated under the
    heading ``Economic Support Fund'' in this Act and prior Acts making
    appropriations for the Department of State, foreign operations, and
    related programs, may be transferred to, and merged with, funds
    appropriated under this heading and made available for assistance for
    Pakistan, subject to the regular notification procedures of the
    Committees on Appropriations: Provided further, That none of the funds
    made available under this heading shall be made available to support or
    continue any program initially funded under the authority of section
    1206 of the National Defense Authorization Act for Fiscal Year 2006
    (Public Law 109-163; 119 Stat. 3456) unless the Secretary of State, in
    coordination with the Secretary of Defense, has justified such program
    to the Committees on Appropriations: Provided further, That funds
    appropriated or otherwise made available under this heading shall be
    nonrepayable notwithstanding any requirement in section 23 of the Arms
    Export Control Act: Provided further, That funds made available under
    this heading shall be obligated upon apportionment in accordance with
    paragraph (5)(C) of title 31, United States Code, section 1501(a).
        None of the funds made available under this heading shall be
    available to finance the procurement of defense articles, defense
    services, or design and construction services that are not sold by the
    United States Government under the Arms Export Control Act unless the
    foreign country proposing to make such procurements has first signed an
    agreement with the United States Government specifying the conditions
    under which such procurements may be financed with such funds:
    Provided, That all country and funding level increases in allocations
    shall be submitted through the regular notification procedures of
    section 7015 of this Act: Provided further, That none of the funds
    appropriated under this heading may be made available for assistance
    for Nepal, Sri Lanka, Pakistan, Bangladesh, Philippines, Indonesia,
    Bosnia and Herzegovina, Haiti, Guatemala, Ethiopia, Cambodia, Kenya,
    Chad, and the Democratic Republic of the Congo except pursuant to the
    regular notification procedures of the Committees on Appropriations:
    Provided further, That funds made available under this heading may be
    used, notwithstanding any other provision of law, for demining, the
    clearance of unexploded ordnance, and related activities, and may
    include activities implemented through nongovernmental and
    international organizations: Provided further, That only those
    countries for which assistance was justified for the ``Foreign Military
    Sales Financing Program'' in the fiscal year 1989 congressional
    presentation for security assistance programs may utilize funds made
    available under this heading for procurement of defense articles,
    defense services or design and construction services that are not sold
    by the United States Government under the Arms Export Control Act:
    Provided further, That funds appropriated under this heading shall be
    expended at the minimum rate necessary to make timely payment for
    defense articles and services: Provided further, That not more than
    $54,464,000 of the funds appropriated under this heading may be
    obligated for necessary expenses, including the purchase of passenger
    motor vehicles for replacement only for use outside of the United
    States, for the general costs of administering military assistance and
    sales, except that this limitation may be exceeded only through the
    regular notification procedures of the Committees on Appropriations:
    Provided further, That of the funds appropriated under this heading for
    general costs of administering military assistance and sales, not to
    exceed $4,000 may be available for entertainment expenses and not to
    exceed $130,000 may be available for representation allowances:
    Provided further, That not more than $550,000,000 of funds realized
    pursuant to section 21(e)(1)(A) of the Arms Export Control Act may be
    obligated for expenses incurred by the Department of Defense during
    fiscal year 2010 pursuant to section 43(b) of the Arms Export Control
    Act, except that this limitation may be exceeded only through the
    regular notification procedures of the Committees on Appropriations.

                                    TITLE V

                            MULTILATERAL ASSISTANCE

                      Funds Appropriated to the President

                    international organizations and programs

        For necessary expenses to carry out the provisions of section 301
    of the Foreign Assistance Act of 1961, and of section 2 of the United
    Nations Environment Program Participation Act of 1973, $394,000,000:
    Provided, That section 307(a) of the Foreign Assistance Act of 1961
    shall not apply to contributions to the United Nations Democracy Fund.

                      international financial institutions

                          global environment facility

        For the United States contribution for the Global Environment
    Facility, $86,500,000, to the International Bank for Reconstruction and
    Development as trustee for the Global Environment Facility, by the
    Secretary of the Treasury, to remain available until expended.

           contribution to the international development association

        For payment to the International Development Association by the
    Secretary of the Treasury, $1,262,500,000, to remain available until
    expended.

                   contribution to the clean technology fund

        For contributions to the multilateral Clean Technology Fund,
    $300,000,000, to remain available until expended.

                   contribution to the strategic climate fund

        For contributions to the multilateral Strategic Climate Fund,
    $75,000,000, to remain available until expended.

              contribution to the inter-american development bank

        For payment to the Inter-American Investment Corporation by the
    Secretary of the Treasury, $4,670,000, to remain available until
    expended.

    contribution to the enterprise for the americas multilateral investment
                                      fund

        For payment to the Enterprise for the Americas Multilateral
    Investment Fund by the Secretary of the Treasury, for the United States
    contribution to the fund, $25,000,000, to remain available until
    expended.

                   contribution to the asian development fund

        For the United States contribution by the Secretary of the Treasury
    to the increase in resources of the Asian Development Fund, as
    authorized by the Asian Development Bank Act, as amended, $105,000,000,
    to remain available until expended.

                  contribution to the african development fund

        For the United States contribution by the Secretary of the Treasury
    to the increase in resources of the African Development Fund,
    $155,000,000, to remain available until expended.

      contribution to the international fund for agricultural development

        For the United States contribution by the Secretary of the Treasury
    to increase the resources of the International Fund for Agricultural
    Development, $30,000,000, to remain available until expended.

                                    TITLE VI

                        EXPORT AND INVESTMENT ASSISTANCE

                    Export-import Bank of the United States

                               inspector general

        For necessary expenses of the Office of Inspector General in
    carrying out the provisions of the Inspector General Act of 1978, as
    amended, $2,500,000, to remain available until September 30, 2011.

                                program account

        The Export-Import Bank of the United States is authorized to make
    such expenditures within the limits of funds and borrowing authority
    available to such corporation, and in accordance 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 may be necessary in carrying out the program for the
    current fiscal year for such corporation: Provided, That none of the
    funds available during the current fiscal year may be used to make
    expenditures, contracts, or commitments for the export of nuclear
    equipment, fuel, or technology to any country, other than a nuclear-
    weapon state as defined in Article IX of the Treaty on the Non-
    Proliferation of Nuclear Weapons eligible to receive economic or
    military assistance under this Act, that has detonated a nuclear
    explosive after the date of the enactment of this Act: Provided
    further, That notwithstanding section 1(c) of Public Law 103-428, as
    amended, sections 1(a) and (b) of Public Law 103-428 shall remain in
    effect through October 1, 2010: Provided further, That not less than 10
    percent of the aggregate loan, guarantee, and insurance authority
    available to the Export-Import Bank under this Act should be used for
    renewable energy technologies or end-use energy efficiency
    technologies.

                             subsidy appropriation

        For the cost of direct loans, loan guarantees, insurance, and tied-
    aid grants as authorized by section 10 of the Export-Import Bank Act of
    1945, as amended, not to exceed $58,000,000: Provided, That such costs,
    including the cost of modifying such loans, shall be as defined in
    section 502 of the Congressional Budget Act of 1974: Provided further,
    That such funds shall remain available until September 30, 2025, for
    the disbursement of direct loans, loan guarantees, insurance and tied-
    aid grants obligated in fiscal years 2010, 2011, 2012, and 2013:
    Provided further, That none of the funds appropriated by this Act or
    any prior Acts appropriating funds for the Department of State, foreign
    operations, and related programs for tied-aid credits or grants may be
    used for any other purpose except through the regular notification
    procedures of the Committees on Appropriations: Provided further, That
    funds appropriated by this paragraph are made available notwithstanding
    section 2(b)(2) of the Export-Import Bank Act of 1945, in connection
    with the purchase or lease of any product by any Eastern European
    country, any Baltic State or any agency or national thereof.

                            administrative expenses

        For administrative expenses to carry out the direct and guaranteed
    loan and insurance programs, including hire of passenger motor vehicles
    and services as authorized by 5 U.S.C. 3109, and not to exceed $30,000
    for official reception and representation expenses for members of the
    Board of Directors, not to exceed $83,880,000: Provided, That the
    Export-Import Bank may accept, and use, payment or services provided by
    transaction participants for legal, financial, or technical services in
    connection with any transaction for which an application for a loan,
    guarantee or insurance commitment has been made: Provided further, That
    notwithstanding subsection (b) of section 117 of the Export Enhancement
    Act of 1992, subsection (a) thereof shall remain in effect until
    October 1, 2010.

                               receipts collected

        Receipts collected pursuant to the Export-Import Bank Act of 1945,
    as amended, and the Federal Credit Reform Act of 1990, as amended, in
    an amount not to exceed the amount appropriated herein, shall be
    credited as offsetting collections to this account: Provided, That the
    sums herein appropriated from the General Fund shall be reduced on a
    dollar-for-dollar basis by such offsetting collections so as to result
    in a final fiscal year appropriation from the General Fund estimated at
    $0: Provided further, That amounts collected in fiscal year 2010 in
    excess of obligations shall become available on September 1, 2010 and
    shall remain available until September 30, 2013.

                    Overseas Private Investment Corporation

                               noncredit account

        The Overseas Private Investment Corporation is authorized to make,
    without regard to fiscal year limitations, as provided by 31 U.S.C.
    9104, such expenditures and commitments within the limits of funds
    available to it and in accordance with law as may be necessary:
    Provided, That the amount available for administrative expenses to
    carry out the credit and insurance programs (including an amount for
    official reception and representation expenses which shall not exceed
    $35,000) shall not exceed $52,310,000: Provided further, That project-
    specific transaction costs, including direct and indirect costs
    incurred in claims settlements, and other direct costs associated with
    services provided to specific investors or potential investors pursuant
    to section 234 of the Foreign Assistance Act of 1961, shall not be
    considered administrative expenses for the purposes of this heading.

                                program account

        For the cost of direct and guaranteed loans, $29,000,000, as
    authorized by section 234 of the Foreign Assistance Act of 1961, to be
    derived by transfer from the Overseas Private Investment Corporation
    Noncredit Account: Provided, That such costs, including the cost of
    modifying such loans, shall be as defined in section 502 of the
    Congressional Budget Act of 1974: Provided further, That such sums
    shall be available for direct loan obligations and loan guaranty
    commitments incurred or made during fiscal years 2010, 2011, and 2012:
    Provided further, That funds so obligated in fiscal year 2010 remain
    available for disbursement through 2018; funds obligated in fiscal year
    2011 remain available for disbursement through 2019; and funds
    obligated in fiscal year 2012 remain available for disbursement through
    2020: Provided further, That notwithstanding any other provision of
    law, the Overseas Private Investment Corporation is authorized to
    undertake any program authorized by title IV of the Foreign Assistance
    Act of 1961 in Iraq: Provided further, That funds made available
    pursuant to the authority of the previous proviso shall be subject to
    the regular notification procedures of the Committees on
    Appropriations.
        In addition, such sums as may be necessary for administrative
    expenses to carry out the credit program may be derived from amounts
    available for administrative expenses to carry out the credit and
    insurance programs in the Overseas Private Investment Corporation
    Noncredit Account and merged with said account.

                      Funds Appropriated to the President

                          trade and development agency

        For necessary expenses to carry out the provisions of section 661
    of the Foreign Assistance Act of 1961, $55,200,000, to remain available
    until September 30, 2011: Provided, That of the funds appropriated
    under this heading, not more than $4,000 may be available for
    representation and entertainment allowances.

                                   TITLE VII

                               GENERAL PROVISIONS

                          allowances and differentials

        Sec. 7001.  Funds appropriated under title I of this Act shall be
    available, except as otherwise provided, for allowances and
    differentials as authorized by subchapter 59 of title 5, United States
    Code; for services as authorized by 5 U.S.C. 3109; and for hire of
    passenger transportation pursuant to 31 U.S.C. 1343(b).

                          unobligated balances report

        Sec. 7002.  Any department or agency of the United States
    Government to which funds are appropriated or otherwise made available
    by this Act shall provide to the Committees on Appropriations a
    quarterly accounting of cumulative balances by program, project, and
    activity of the funds received by such department or agency in this
    fiscal year or any previous fiscal year that remain unobligated and
    unexpended.

                              consulting services

        Sec. 7003.  The expenditure of any appropriation under title I of
    this Act for any consulting service through procurement contract,
    pursuant to 5 U.S.C. 3109, 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.

                              embassy construction

        Sec. 7004. (a) Of funds provided under title I of this Act, except
    as provided in subsection (b), a project to construct a diplomatic
    facility of the United States may not include office space or other
    accommodations for an employee of a Federal agency or department if the
    Secretary of State determines that such department or agency has not
    provided to the Department of State the full amount of funding required
    by subsection (e) of section 604 of the Secure Embassy Construction and
    Counterterrorism Act of 1999 (as enacted into law by section 1000(a)(7)
    of Public Law 106-113 and contained in appendix G of that Act; 113
    Stat. 1501A-453), as amended by section 629 of the Departments of
    Commerce, Justice, and State, the Judiciary, and Related Agencies
    Appropriations Act, 2005.
        (b) Notwithstanding the prohibition in subsection (a), a project to
    construct a diplomatic facility of the United States may include office
    space or other accommodations for members of the United States Marine
    Corps.
        (c) Funds appropriated by this Act, and any prior Act making
    appropriations for the Department of State, foreign operations, and
    related programs, which may be made available for the acquisition of
    property for diplomatic facilities in Kabul, Afghanistan, shall be
    subject to prior consultation with, and the regular notification
    procedures of, the Committees on Appropriations.

                               personnel actions

        Sec. 7005.  Any costs incurred by a department or agency funded
    under title I of this Act resulting from personnel actions taken in
    response to funding reductions included in this Act shall be absorbed
    within the total budgetary resources available under title I to such
    department or agency: Provided, That the authority to transfer funds
    between appropriations accounts as may be necessary to carry out this
    section is provided in addition to authorities included elsewhere in
    this Act: Provided further, That use of funds to carry out this section
    shall be treated as a reprogramming of funds under section 7015 of this
    Act and shall not be available for obligation or expenditure except in
    compliance with the procedures set forth in that section.

                             local guard contracts

        Sec. 7006.  In evaluating proposals for local guard contracts, the
    Secretary of State shall award contracts in accordance with section 136
    of the Foreign Relations Authorization Act, Fiscal Years 1990 and 1991
    (22 U.S.C. 4864), except that the Secretary may grant authorization to
    award such contracts on the basis of best value as determined by a
    cost-technical tradeoff analysis (as described in Federal Acquisition
    Regulation part 15.101) in Iraq, Afghanistan, and Pakistan,
    notwithstanding subsection (c)(3) of such section: Provided, That the
    authority in this section shall apply to any options for renewal that
    may be exercised under such contracts that are awarded during the
    current fiscal year: Provided further, That prior to issuing a
    solicitation for a contract to be awarded pursuant to the authority
    under this section, the Secretary of State shall consult with the
    Committees on Foreign Relations and Appropriations of the Senate and
    the Committees on Foreign Affairs and Appropriations of the House of
    Representatives.

            prohibition against direct funding for certain countries

        Sec. 7007.  None of the funds appropriated or otherwise made
    available pursuant to titles III through VI of this Act shall be
    obligated or expended to finance directly any assistance or reparations
    for the governments of Cuba, North Korea, Iran, or Syria: Provided,
    That for purposes of this section, the prohibition on obligations or
    expenditures shall include direct loans, credits, insurance and
    guarantees of the Export-Import Bank or its agents.

                                  coups d'etat

        Sec. 7008.  None of the funds appropriated or otherwise made
    available pursuant to titles III through VI of this Act shall be
    obligated or expended to finance directly any assistance to the
    government of any country whose duly elected head of government is
    deposed by military coup or decree: Provided, That assistance may be
    resumed to such government if the President determines and certifies to
    the Committees on Appropriations that subsequent to the termination of
    assistance a democratically elected government has taken office:
    Provided further, That the provisions of this section shall not apply
    to assistance to promote democratic elections or public participation
    in democratic processes: Provided further, That funds made available
    pursuant to the previous provisos shall be subject to the regular
    notification procedures of the Committees on Appropriations.

                               transfer authority

        Sec. 7009. (a) Department of State and Broadcasting Board of
    Governors.--Not to exceed 5 percent of any appropriation made available
    for the current fiscal year for the Department of State under title I
    of this Act may be transferred between such appropriations, but no such
    appropriation, except as otherwise specifically provided, shall be
    increased by more than 10 percent by any such transfers: Provided, That
    not to exceed 5 percent of any appropriation made available for the
    current fiscal year for the Broadcasting Board of Governors under title
    I of this Act may be transferred between such appropriations, but no
    such appropriation, except as otherwise specifically provided, shall be
    increased by more than 10 percent by any such transfers: Provided
    further, That any transfer pursuant to this section shall be treated as
    a reprogramming of funds under section 7015(a) and (b) of this Act and
    shall not be available for obligation or expenditure except in
    compliance with the procedures set forth in that section.
        (b) Export Financing Transfer Authorities.--Not to exceed 5 percent
    of any appropriation other than for administrative expenses made
    available for fiscal year 2010, for programs under title VI of this Act
    may be transferred between such appropriations for use for any of the
    purposes, programs, and activities for which the funds in such
    receiving account may be used, but no such appropriation, except as
    otherwise specifically provided, shall be increased by more than 25
    percent by any such transfer: Provided, That the exercise of such
    authority shall be subject to the regular notification procedures of
    the Committees on Appropriations.
        (c) Limitation on Transfers Between Agencies.--
            (1) None of the funds made available under titles II through V
        of 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 appropriation Act.
            (2) Notwithstanding paragraph (1), in addition to transfers
        made by, or authorized elsewhere in, this Act, funds appropriated
        by this Act to carry out the purposes of the Foreign Assistance Act
        of 1961 may be allocated or transferred to agencies of the United
        States Government pursuant to the provisions of sections 109, 610,
        and 632 of the Foreign Assistance Act of 1961.
            (3) Any agreement entered into by the United States Agency for
        International Development (USAID) or the Department of State with
        any department, agency, or instrumentality of the United States
        Government pursuant to section 632(b) of the Foreign Assistance Act
        of 1961 valued in excess of $1,000,000 and any agreement made
        pursuant to section 632(a) of such Act, with funds appropriated by
        this Act and prior Acts making appropriations for the Department of
        State, foreign operations, and related programs under the headings
        ``Global Health and Child Survival'', ``Development Assistance'',
        and ``Economic Support Fund'' shall be subject to the regular
        notification procedures of the Committees on Appropriations:
        Provided, That the requirement in the previous sentence shall not
        apply to agreements entered into between USAID and the Department
        of State.
        (d) Transfers Between Accounts.--None of the funds made available
    under titles II through V of this Act may be obligated under an
    appropriation account to which they were not appropriated, except for
    transfers specifically provided for in this Act, unless the President,
    not less than 5 days prior to the exercise of any authority contained
    in the Foreign Assistance Act of 1961 to transfer funds, consults with
    and provides a written policy justification to the Committees on
    Appropriations.
        (e) Audit of Inter-agency Transfers.--Any agreement for the
    transfer or allocation of funds appropriated by this Act, or prior
    Acts, entered into between the Department of State or USAID and another
    agency of the United States Government under the authority of section
    632(a) of the Foreign Assistance Act of 1961 or any comparable
    provision of law, shall expressly provide that the Inspector General
    for the agency receiving the transfer or allocation of such funds shall
    perform periodic program and financial audits of the use of such funds:
    Provided, That funds transferred under such authority may be made
    available for the cost of such audits.

                             reporting requirement

        Sec. 7010.  The Secretary of State shall provide the Committees on
    Appropriations, not later than April 1, 2010, and for each fiscal
    quarter, a report in writing on the uses of funds made available under
    the headings ``Foreign Military Financing Program'', ``International
    Military Education and Training'', and ``Peacekeeping Operations'':
    Provided, That such report shall include a description of the
    obligation and expenditure of funds, and the specific country in
    receipt of, and the use or purpose of the assistance provided by such
    funds.

                             availability of funds

        Sec. 7011.  No part of any appropriation contained in this Act
    shall remain available for obligation after the expiration of the
    current fiscal year unless expressly so provided in this Act: Provided,
    That funds appropriated for the purposes of chapters 1, 8, 11, and 12
    of part I, section 661, section 667, chapters 4, 5, 6, 8, and 9 of part
    II of the Foreign Assistance Act of 1961, section 23 of the Arms Export
    Control Act, and funds provided under the headings ``Assistance for
    Europe, Eurasia and Central Asia'' and ``Development Credit
    Authority'', shall remain available for an additional 4 years from the
    date on which the availability of such funds would otherwise have
    expired, if such funds are initially obligated before the expiration of
    their respective periods of availability contained in this Act:
    Provided further, That, notwithstanding any other provision of this
    Act, any funds made available for the purposes of chapter 1 of part I
    and chapter 4 of part II of the Foreign Assistance Act of 1961 which
    are allocated or obligated for cash disbursements in order to address
    balance of payments or economic policy reform objectives, shall remain
    available until expended.

                limitation on assistance to countries in default

        Sec. 7012.  No part of any appropriation provided under titles III
    through VI in this Act shall be used to furnish assistance to the
    government of any country which is in default during a period in excess
    of one calendar year in payment to the United States of principal or
    interest on any loan made to the government of such country by the
    United States pursuant to a program for which funds are appropriated
    under this Act unless the President determines, following consultations
    with the Committees on Appropriations, that assistance for such country
    is in the national interest of the United States.

              prohibition on taxation of united states assistance

        Sec. 7013. (a) Prohibition on Taxation.--None of the funds
    appropriated under titles III through VI of this Act may be made
    available to provide assistance for a foreign country under a new
    bilateral agreement governing the terms and conditions under which such
    assistance is to be provided unless such agreement includes a provision
    stating that assistance provided by the United States shall be exempt
    from taxation, or reimbursed, by the foreign government, and the
    Secretary of State shall expeditiously seek to negotiate amendments to
    existing bilateral agreements, as necessary, to conform with this
    requirement.
        (b) Reimbursement of Foreign Taxes.--An amount equivalent to 200
    percent of the total taxes assessed during fiscal year 2010 on funds
    appropriated by this Act by a foreign government or entity against
    commodities financed under United States assistance programs for which
    funds are appropriated by this Act, either directly or through
    grantees, contractors and subcontractors shall be withheld from
    obligation from funds appropriated for assistance for fiscal year 2011
    and allocated for the central government of such country and for the
    West Bank and Gaza program to the extent that the Secretary of State
    certifies and reports in writing to the Committees on Appropriations
    that such taxes have not been reimbursed to the Government of the
    United States.
        (c) De Minimis Exception.--Foreign taxes of a de minimis nature
    shall not be subject to the provisions of subsection (b).
        (d) Reprogramming of Funds.--Funds withheld from obligation for
    each country or entity pursuant to subsection (b) shall be reprogrammed
    for assistance to countries which do not assess taxes on United States
    assistance or which have an effective arrangement that is providing
    substantial reimbursement of such taxes.
        (e) Determinations.--
            (1) The provisions of this section shall not apply to any
        country or entity the Secretary of State determines--
                (A) does not assess taxes on United States assistance or
            which has an effective arrangement that is providing
            substantial reimbursement of such taxes; or
                (B) the foreign policy interests of the United States
            outweigh the purpose of this section to ensure that United
            States assistance is not subject to taxation.
            (2) The Secretary of State shall consult with the Committees on
        Appropriations at least 15 days prior to exercising the authority
        of this subsection with regard to any country or entity.
        (f) Implementation.--The Secretary of State shall issue rules,
    regulations, or policy guidance, as appropriate, to implement the
    prohibition against the taxation of assistance contained in this
    section.
        (g) Definitions.--As used in this section--
            (1) the terms ``taxes'' and ``taxation'' refer to value added
        taxes and customs duties imposed on commodities financed with
        United States assistance for programs for which funds are
        appropriated by this Act; and
            (2) the term ``bilateral agreement'' refers to a framework
        bilateral agreement between the Government of the United States and
        the government of the country receiving assistance that describes
        the privileges and immunities applicable to United States foreign
        assistance for such country generally, or an individual agreement
        between the Government of the United States and such government
        that describes, among other things, the treatment for tax purposes
        that will be accorded the United States assistance provided under
        that agreement.

                             reservations of funds

        Sec. 7014. (a) Funds appropriated under titles II through VI of
    this Act which are specifically designated may be reprogrammed for
    other programs within the same account notwithstanding the designation
    if compliance with the designation is made impossible by operation of
    any provision of this or any other Act: Provided, That any such
    reprogramming shall be subject to the regular notification procedures
    of the Committees on Appropriations: Provided further, That assistance
    that is reprogrammed pursuant to this subsection shall be made
    available under the same terms and conditions as originally provided.
        (b) In addition to the authority contained in subsection (a), the
    original period of availability of funds appropriated by this Act and
    administered by the United States Agency for International Development
    (USAID) that are specifically designated for particular programs or
    activities by this or any other Act shall be extended for an additional
    fiscal year if the USAID Administrator determines and reports promptly
    to the Committees on Appropriations that the termination of assistance
    to a country or a significant change in circumstances makes it unlikely
    that such designated funds can be obligated during the original period
    of availability: Provided, That such designated funds that continue to
    be available for an additional fiscal year shall be obligated only for
    the purpose of such designation.
        (c) Ceilings and specifically designated funding levels contained
    in this Act shall not be applicable to funds or authorities
    appropriated or otherwise made available by any subsequent Act unless
    such Act specifically so directs: Provided, That specifically
    designated funding levels or minimum funding requirements contained in
    any other Act shall not be applicable to funds appropriated by this
    Act.

                    reprogramming notification requirements

        Sec. 7015. (a) None of the funds made available in title I of this
    Act, or in prior appropriations Acts to the agencies and departments
    funded by this Act that remain available for obligation or expenditure
    in fiscal year 2010, or provided from any accounts in the Treasury of
    the United States derived by the collection of fees or of currency
    reflows or other offsetting collections, or made available by transfer,
    to the agencies and departments funded by this Act, shall be available
    for obligation or expenditure through a reprogramming of funds that:
    (1) creates new programs; (2) eliminates a program, project, or
    activity; (3) increases funds or personnel by any means for any project
    or activity for which funds have been denied or restricted; (4)
    relocates an office or employees; (5) closes or opens a mission or
    post; (6) reorganizes or renames offices; (7) reorganizes programs or
    activities; or (8) contracts out or privatizes any functions or
    activities presently performed by Federal employees; unless the
    Committees on Appropriations are notified 15 days in advance of such
    reprogramming of funds.
        (b) For the purposes of providing the executive branch with the
    necessary administrative flexibility, none of the funds provided under
    title I of this Act, or provided under previous appropriations Acts to
    the agency or department funded under title I of this Act that remain
    available for obligation or expenditure in fiscal year 2010, or
    provided from any accounts in the Treasury of the United States derived
    by the collection of fees available to the agency or department funded
    by title I of this Act, shall be available for obligation or
    expenditure for activities, programs, or projects through a
    reprogramming of funds in excess of $1,000,000 or 10 percent, whichever
    is less, that: (1) augments existing programs, projects, or activities;
    (2) reduces by 10 percent funding for any existing program, project, or
    activity, or numbers of personnel by 10 percent as approved by
    Congress; or (3) results from any general savings, including savings
    from a reduction in personnel, which would result in a change in
    existing programs, activities, or projects as approved by Congress;
    unless the Committees on Appropriations are notified 15 days in advance
    of such reprogramming of funds.
        (c) For the purposes of providing the executive branch with the
    necessary administrative flexibility, none of the funds made available
    under titles II through V in this Act under the headings ``Global
    Health and Child Survival'', ``Development Assistance'',
    ``International Organizations and Programs'', ``Trade and Development
    Agency'', ``International Narcotics Control and Law Enforcement'',
    ``Assistance for Europe, Eurasia and Central Asia'', ``Economic Support
    Fund'', ``Democracy Fund'', ``Peacekeeping Operations'', ``Capital
    Investment Fund'', ``Operating Expenses'', ``Civilian Stabilization
    Initiative'', ``Office of Inspector General'', ``Nonproliferation,
    Anti-terrorism, Demining and Related Programs'', ``Millennium Challenge
    Corporation'', ``Foreign Military Financing Program'', ``International
    Military Education and Training'', ``Peace Corps'', ``Complex Crises
    Fund'', and ``Migration and Refugee Assistance'', shall be available
    for obligation for activities, programs, projects, type of materiel
    assistance, countries, or other operations not justified or in excess
    of the amount justified to the Committees on Appropriations for
    obligation under any of these specific headings unless the Committees
    on Appropriations are previously notified 15 days in advance: Provided,
    That the President shall not enter into any commitment of funds
    appropriated for the purposes of section 23 of the Arms Export Control
    Act for the provision of major defense equipment, other than
    conventional ammunition, or other major defense items defined to be
    aircraft, ships, missiles, or combat vehicles, not previously justified
    to Congress or 20 percent in excess of the quantities justified to
    Congress unless the Committees on Appropriations are notified 15 days
    in advance of such commitment: Provided further, That requirements of
    this subsection or any similar provision of any other Act shall not
    apply to any reprogramming for an activity, program, or project for
    which funds are appropriated under titles II through IV of this Act of
    less than 10 percent of the amount previously justified to the Congress
    for obligation for such activity, program, or project for the current
    fiscal year.
        (d) Notwithstanding any other provision of law, with the exception
    of funds transferred to, and merged with, funds appropriated under
    title I of this Act, funds transferred by the Department of Defense to
    the Department of State and the United States Agency for International
    Development for assistance for foreign countries and international
    organizations, and funds made available for programs authorized by
    section 1206 of the National Defense Authorization Act for Fiscal Year
    2006 (Public Law 109-163), shall be subject to the regular notification
    procedures of the Committees on Appropriations.
        (e) The requirements of this section or any similar provision of
    this Act or any other Act, including any prior Act requiring
    notification in accordance with the regular notification procedures of
    the Committees on Appropriations, may be waived if failure to do so
    would pose a substantial risk to human health or welfare: Provided,
    That in case of any such waiver, notification to the Committees on
    Appropriations shall be provided as early as practicable, but in no
    event later than 3 days after taking the action to which such
    notification requirement was applicable, in the context of the
    circumstances necessitating such waiver: Provided further, That any
    notification provided pursuant to such a waiver shall contain an
    explanation of the emergency circumstances.
        (f) None of the funds appropriated under titles III through VI of
    this Act shall be obligated or expended for assistance for Serbia,
    Sudan, Zimbabwe, Pakistan, Dominican Republic, Cuba, Iran, Haiti,
    Libya, Ethiopia, Nepal, Colombia, Mexico, Kazakhstan, Somalia, Sri
    Lanka, or Cambodia and countries listed in section 7045(c)(2) and
    (f)(2) of this Act except as provided through the regular notification
    procedures of the Committees on Appropriations.

                    notification on excess defense equipment

        Sec. 7016.  Prior to providing excess Department of Defense
    articles in accordance with section 516(a) of the Foreign Assistance
    Act of 1961, the Department of Defense shall notify the Committees on
    Appropriations to the same extent and under the same conditions as
    other committees pursuant to subsection (f) of that section: Provided,
    That before issuing a letter of offer to sell excess defense articles
    under the Arms Export Control Act, the Department of Defense shall
    notify the Committees on Appropriations in accordance with the regular
    notification procedures of such Committees if such defense articles are
    significant military equipment (as defined in section 47(9) of the Arms
    Export Control Act) or are valued (in terms of original acquisition
    cost) at $7,000,000 or more, or if notification is required elsewhere
    in this Act for the use of appropriated funds for specific countries
    that would receive such excess defense articles: Provided further, That
    such Committees shall also be informed of the original acquisition cost
    of such defense articles.

    limitation on availability of funds for international organizations and
                                    programs

        Sec. 7017.  Subject to the regular notification procedures of the
    Committees on Appropriations, funds appropriated under titles III
    through VI of this Act or any previously enacted Act making
    appropriations for the Department of State, foreign operations, and
    related programs, which are returned or not made available for
    organizations and programs because of the implementation of section
    307(a) of the Foreign Assistance Act of 1961, shall remain available
    for obligation until September 30, 2011.

       prohibition on funding for abortions and involuntary sterilization

        Sec. 7018.  None of the funds made available to carry out part I of
    the Foreign Assistance Act of 1961, as amended, may be used to pay for
    the performance of abortions as a method of family planning or to
    motivate or coerce any person to practice abortions. None of the funds
    made available to carry out part I of the Foreign Assistance Act of
    1961, as amended, may be used to pay for the performance of involuntary
    sterilization as a method of family planning or to coerce or provide
    any financial incentive to any person to undergo sterilizations. None
    of the funds made available to carry out part I of the Foreign
    Assistance Act of 1961, as amended, may be used to pay for any
    biomedical research which relates in whole or in part, to methods of,
    or the performance of, abortions or involuntary sterilization as a
    means of family planning. None of the funds made available to carry out
    part I of the Foreign Assistance Act of 1961, as amended, may be
    obligated or expended for any country or organization if the President
    certifies that the use of these funds by any such country or
    organization would violate any of the above provisions related to
    abortions and involuntary sterilizations.

                                  allocations

        Sec. 7019. (a) Funds provided in this Act for the following
    accounts shall be made available for programs and countries in the
    amounts contained in the respective tables included in the joint
    explanatory statement accompanying this Act:
            ``American Sections, International Commissions''.
            ``Civilian Stabilization Initiative''.
            ``Diplomatic and Consular Programs''.
            ``Educational and Cultural Exchange Programs''.
            ``International Boundary and Water Commission, United States
        and Mexico''.
            ``International Fisheries Commissions''.
            ``International Broadcasting Operations''.
            ``Global Health and Child Survival''.
            ``Democracy Fund''.
            ``Economic Support Fund''.
            ``Assistance for Europe, Eurasia and Central Asia''.
            ``International Narcotics Control and Law Enforcement''.
            ``Nonproliferation, Anti-terrorism, Demining and Related
        Programs''.
            ``Foreign Military Financing Program''.
            ``Peacekeeping Operations''.
            ``International Organizations and Programs''.
        (b) For the purposes of implementing this section and only with
    respect to the tables included in the joint explanatory statement
    accompanying this Act, the Secretary of State, the Administrator of the
    United States Agency for International Development and the Broadcasting
    Board of Governors, as appropriate, may propose deviations to the
    amounts referenced in subsection (a), subject to the regular
    notification procedures of the Committees on Appropriations.
        (c) The requirements contained in subsection (a) shall apply to the
    tables under the headings ``Bilateral Economic Assistance'' and
    ``General Provisions'' in the joint explanatory statement.

                   prohibition of payment of certain expenses

        Sec. 7020.  None of the funds appropriated or otherwise made
    available by this Act under the headings ``International Military
    Education and Training'' or ``Foreign Military Financing Program'' for
    Informational Program activities or under the headings ``Global Health
    and Child Survival'', ``Development Assistance'', and ``Economic
    Support Fund'' may be obligated or expended to pay for--
            (1) alcoholic beverages; or
            (2) entertainment expenses for activities that are
        substantially of a recreational character, including but not
        limited to entrance fees at sporting events, theatrical and musical
        productions, and amusement parks.

      prohibition on assistance to foreign governments that export lethal
       military equipment to countries supporting international terrorism

        Sec. 7021. (a) None of the funds appropriated or otherwise made
    available by titles III through VI of this Act may be available to any
    foreign government which provides lethal military equipment to a
    country the government of which the Secretary of State has determined
    is a government that supports international terrorism for purposes of
    section 6(j) of the Export Administration Act of 1979: Provided, That
    the prohibition under this section with respect to a foreign government
    shall terminate 12 months after that government ceases to provide such
    military equipment: Provided further, That this section applies with
    respect to lethal military equipment provided under a contract entered
    into after October 1, 1997.
        (b) Assistance restricted by subsection (a) or any other similar
    provision of law, may be furnished if the President determines that to
    do so is important to the national interests of the United States.
        (c) Whenever the President makes a determination pursuant to
    subsection (b), the President shall submit to the Committees on
    Appropriations a report with respect to the furnishing of such
    assistance, including a detailed explanation of the assistance to be
    provided, the estimated dollar amount of such assistance, and an
    explanation of how the assistance furthers United States national
    interests.

           prohibition on bilateral assistance to terrorist countries

        Sec. 7022. (a) Funds appropriated for bilateral assistance in
    titles III through VI of this Act and funds appropriated under any such
    heading in a provision of law enacted prior to the enactment of this
    Act, shall not be made available to any country which the President
    determines--
            (1) grants sanctuary from prosecution to any individual or
        group which has committed an act of international terrorism; or
            (2) otherwise supports international terrorism.
        (b) The President may waive the application of subsection (a) to a
    country if the President determines that national security or
    humanitarian reasons justify such waiver: Provided, That the President
    shall publish each such waiver in the Federal Register and, at least 15
    days before the waiver takes effect, shall notify the Committees on
    Appropriations of the waiver (including the justification for the
    waiver) in accordance with the regular notification procedures of the
    Committees on Appropriations.

                           authorization requirements

        Sec. 7023.  Funds appropriated by this Act, except funds
    appropriated under the heading ``Trade and Development Agency'', may be
    obligated and expended notwithstanding section 10 of Public Law 91-672,
    section 15 of the State Department Basic Authorities Act of 1956,
    section 313 of the Foreign Relations Authorization Act, Fiscal Years
    1994 and 1995 (Public Law 103-236), and section 504(a)(1) of the
    National Security Act of 1947 (50 U.S.C. 414(a)(1)).

                  definition of program, project, and activity

        Sec. 7024.  For the purpose of titles II through VI of this Act
    ``program, project, and activity'' shall be defined at the
    appropriations Act account level and shall include all appropriations
    and authorizations Acts funding directives, ceilings, and limitations
    with the exception that for the following accounts: ``Economic Support
    Fund'' and ``Foreign Military Financing Program'', ``program, project,
    and activity'' shall also be considered to include country, regional,
    and central program level funding within each such account; for the
    development assistance accounts of the United States Agency for
    International Development ``program, project, and activity'' shall also
    be considered to include central, country, regional, and program level
    funding, either as: (1) justified to the Congress; or (2) allocated by
    the executive branch in accordance with a report, to be provided to the
    Committees on Appropriations within 30 days of the enactment of this
    Act, as required by section 653(a) of the Foreign Assistance Act of
    1961.

    authorities for the peace corps, inter-american foundation and african
                             development foundation

        Sec. 7025.  Unless expressly provided to the contrary, provisions
    of this or any other Act, including provisions contained in prior Acts
    authorizing or making appropriations for the Department of State,
    foreign operations, and related programs, shall not be construed to
    prohibit activities authorized by or conducted under the Peace Corps
    Act, the Inter-American Foundation Act or the African Development
    Foundation Act: Provided, That the agency shall promptly report to the
    Committees on Appropriations whenever it is conducting activities or is
    proposing to conduct activities in a country for which assistance is
    prohibited.

                    commerce, trade and surplus commodities

        Sec. 7026. (a) None of the funds appropriated or made available
    pursuant to titles III through VI of this Act for direct assistance and
    none of the funds otherwise made available to the Export-Import Bank
    and the Overseas Private Investment Corporation shall be obligated or
    expended to finance any loan, any assistance or any other financial
    commitments for establishing or expanding production of any commodity
    for export by any country other than the United States, if the
    commodity is likely to be in surplus on world markets at the time the
    resulting productive capacity is expected to become operative and if
    the assistance will cause substantial injury to United States producers
    of the same, similar, or competing commodity: Provided, That such
    prohibition shall not apply to the Export-Import Bank if in the
    judgment of its Board of Directors the benefits to industry and
    employment in the United States are likely to outweigh the injury to
    United States producers of the same, similar, or competing commodity,
    and the Chairman of the Board so notifies the Committees on
    Appropriations.
        (b) None of the funds appropriated by this or any other Act to
    carry out chapter 1 of part I of the Foreign Assistance Act of 1961
    shall be available for any testing or breeding feasibility study,
    variety improvement or introduction, consultancy, publication,
    conference, or training in connection with the growth or production in
    a foreign country of an agricultural commodity for export which would
    compete with a similar commodity grown or produced in the United
    States: Provided, That this subsection shall not prohibit--
            (1) activities designed to increase food security in developing
        countries where such activities will not have a significant impact
        on the export of agricultural commodities of the United States; or
            (2) research activities intended primarily to benefit American
        producers.
        (c) The Secretary of the Treasury shall instruct the United States
    Executive Directors of the International Bank for Reconstruction and
    Development, the International Development Association, the
    International Finance Corporation, the Inter-American Development Bank,
    the International Monetary Fund, the Asian Development Bank, the Inter-
    American Investment Corporation, the North American Development Bank,
    the European Bank for Reconstruction and Development, the African
    Development Bank, and the African Development Fund to use the voice and
    vote of the United States to oppose any assistance by these
    institutions, using funds appropriated or made available pursuant to
    titles III through VI of this Act, for the production or extraction of
    any commodity or mineral for export, if it is in surplus on world
    markets and if the assistance will cause substantial injury to United
    States producers of the same, similar, or competing commodity.

                               separate accounts

        Sec. 7027. (a) Separate Accounts for Local Currencies.--
            (1) If assistance is furnished to the government of a foreign
        country under chapters 1 and 10 of part I or chapter 4 of part II
        of the Foreign Assistance Act of 1961 under agreements which result
        in the generation of local currencies of that country, the
        Administrator of the United States Agency for International
        Development (USAID) shall--
                (A) require that local currencies be deposited in a
            separate account established by that government;
                (B) enter into an agreement with that government which sets
            forth--
                    (i) the amount of the local currencies to be generated;
                and
                    (ii) the terms and conditions under which the
                currencies so deposited may be utilized, consistent with
                this section; and
                (C) establish by agreement with that government the
            responsibilities of USAID and that government to monitor and
            account for deposits into and disbursements from the separate
            account.
            (2) Uses of local currencies.--As may be agreed upon with the
        foreign government, local currencies deposited in a separate
        account pursuant to subsection (a), or an equivalent amount of
        local currencies, shall be used only--
                (A) to carry out chapter 1 or 10 of part I or chapter 4 of
            part II of the Foreign Assistance Act of 1961 (as the case may
            be), for such purposes as--
                    (i) project and sector assistance activities; or
                    (ii) debt and deficit financing; or
                (B) for the administrative requirements of the United
            States Government.
            (3) Programming accountability.--USAID shall take all necessary
        steps to ensure that the equivalent of the local currencies
        disbursed pursuant to subsection (a)(2)(A) from the separate
        account established pursuant to subsection (a)(1) are used for the
        purposes agreed upon pursuant to subsection (a)(2).
            (4) Termination of assistance programs.--Upon termination of
        assistance to a country under chapter 1 or 10 of part I or chapter
        4 of part II of the Foreign Assistance Act of 1961 (as the case may
        be), any unencumbered balances of funds which remain in a separate
        account established pursuant to subsection (a) shall be disposed of
        for such purposes as may be agreed to by the government of that
        country and the United States Government.
            (5) Reporting requirement.--The USAID Administrator shall
        report on an annual basis as part of the justification documents
        submitted to the Committees on Appropriations on the use of local
        currencies for the administrative requirements of the United States
        Government as authorized in subsection (a)(2)(B), and such report
        shall include the amount of local currency (and United States
        dollar equivalent) used and/or to be used for such purpose in each
        applicable country.
        (b) Separate Accounts for Cash Transfers.--
            (1) If assistance is made available to the government of a
        foreign country, under chapter 1 or 10 of part I or chapter 4 of
        part II of the Foreign Assistance Act of 1961, as cash transfer
        assistance or as nonproject sector assistance, that country shall
        be required to maintain such funds in a separate account and not
        commingle them with any other funds.
            (2) Applicability of other provisions of law.--Such funds may
        be obligated and expended notwithstanding provisions of law which
        are inconsistent with the nature of this assistance including
        provisions which are referenced in the Joint Explanatory Statement
        of the Committee of Conference accompanying House Joint Resolution
        648 (House Report No. 98-1159).
            (3) Notification.--At least 15 days prior to obligating any
        such cash transfer or nonproject sector assistance, the President
        shall submit a notification through the regular notification
        procedures of the Committees on Appropriations, which shall include
        a detailed description of how the funds proposed to be made
        available will be used, with a discussion of the United States
        interests that will be served by the assistance (including, as
        appropriate, a description of the economic policy reforms that will
        be promoted by such assistance).
            (4) Exemption.--Nonproject sector assistance funds may be
        exempt from the requirements of subsection (b)(1) only through the
        regular notification procedures of the Committees on
        Appropriations.

                           eligibility for assistance

        Sec. 7028. (a) Assistance Through Nongovernmental Organizations.--
    Restrictions contained in this or any other Act with respect to
    assistance for a country shall not be construed to restrict assistance
    in support of programs of nongovernmental organizations from funds
    appropriated by this Act to carry out the provisions of chapters 1, 10,
    11, and 12 of part I and chapter 4 of part II of the Foreign Assistance
    Act of 1961, and from funds appropriated under the heading ``Assistance
    for Europe, Eurasia and Central Asia'': Provided, That before using the
    authority of this subsection to furnish assistance in support of
    programs of nongovernmental organizations, the President shall notify
    the Committees on Appropriations under the regular notification
    procedures of those committees, including a description of the program
    to be assisted, the assistance to be provided, and the reasons for
    furnishing such assistance: Provided further, That nothing in this
    subsection shall be construed to alter any existing statutory
    prohibitions against abortion or involuntary sterilizations contained
    in this or any other Act.
        (b) Public Law 480.--During fiscal year 2010, restrictions
    contained in this or any other Act with respect to assistance for a
    country shall not be construed to restrict assistance under the
    Agricultural Trade Development and Assistance Act of 1954: Provided,
    That none of the funds appropriated to carry out title I of such Act
    and made available pursuant to this subsection may be obligated or
    expended except as provided through the regular notification procedures
    of the Committees on Appropriations.
        (c) Exception.--This section shall not apply--
            (1) with respect to section 620A of the Foreign Assistance Act
        of 1961 or any comparable provision of law prohibiting assistance
        to countries that support international terrorism; or
            (2) with respect to section 116 of the Foreign Assistance Act
        of 1961 or any comparable provision of law prohibiting assistance
        to the government of a country that violates internationally
        recognized human rights.

                      impact on jobs in the united states

        Sec. 7029.  None of the funds appropriated under titles III through
    VI of this Act may be obligated or expended to provide--
            (1) any financial incentive to a business enterprise currently
        located in the United States for the purpose of inducing such an
        enterprise to relocate outside the United States if such incentive
        or inducement is likely to reduce the number of employees of such
        business enterprise in the United States because United States
        production is being replaced by such enterprise outside the United
        States; or
            (2) assistance for any program, project, or activity that
        contributes to the violation of internationally recognized workers
        rights, as defined in section 507(4) of the Trade Act of 1974, of
        workers in the recipient country, including any designated zone or
        area in that country: Provided, That the application of section
        507(4)(D) and (E) of such Act should be commensurate with the level
        of development of the recipient country and sector, and shall not
        preclude assistance for the informal sector in such country, micro
        and small-scale enterprise, and smallholder agriculture.

                      international financial institutions

        Sec. 7030. (a) None of the funds appropriated in title V of this
    Act may be made as payment to any international financial institution
    while the United States Executive Director to such institution is
    compensated by the institution at a rate which, together with whatever
    compensation such Director receives from the United States, is in
    excess of the rate provided for an individual occupying a position at
    level IV of the Executive Schedule under section 5315 of title 5,
    United States Code, or while any alternate United States Director to
    such institution is compensated by the institution at a rate in excess
    of the rate provided for an individual occupying a position at level V
    of the Executive Schedule under section 5316 of title 5, United States
    Code.
        (b) The Secretary of the Treasury shall instruct the United States
    Executive Director at each international financial institution to
    oppose any loan, grant, strategy or policy of such institution that
    would require user fees or service charges on poor people for primary
    education or primary healthcare, including prevention, care and
    treatment for HIV/AIDS, malaria, tuberculosis, and infant, child, and
    maternal health, in connection with the institutions' financing
    programs.
        (c) The Secretary of the Treasury shall instruct the United States
    Executive Director of the International Monetary Fund (the Fund) to use
    the voice and vote of the United States to oppose any loan, project,
    agreement, memorandum, instrument, plan, or other program of the Fund
    to a Heavily Indebted Poor Country that imposes budget caps or
    restraints that do not allow the maintenance of or an increase in
    governmental spending on health care or education; and to promote
    government spending on health care, education, food aid, or other
    critical safety net programs in all of the Fund's activities with
    respect to Heavily Indebted Poor Countries.
        (d) For purposes of this section ``international financial
    institutions'' are the International Bank for Reconstruction and
    Development, the Inter-American Development Bank, the Asian Development
    Bank, the Asian Development Fund, the African Development Bank, the
    African Development Fund, the International Monetary Fund, the North
    American Development Bank, and the European Bank for Reconstruction and
    Development.

                              debt-for-development

        Sec. 7031.  In order to enhance the continued participation of
    nongovernmental organizations in debt-for-development and debt-for-
    nature exchanges, a nongovernmental organization which is a grantee or
    contractor of the United States Agency for International Development
    may place in interest bearing accounts local currencies which accrue to
    that organization as a result of economic assistance provided under
    title III of this Act and, subject to the regular notification
    procedures of the Committees on Appropriations, any interest earned on
    such investment shall be used for the purpose for which the assistance
    was provided to that organization.

                 authority to engage in debt buybacks or sales

        Sec. 7032. (a) Loans Eligible for Sale, Reduction, or
    Cancellation.--
            (1) Authority to sell, reduce, or cancel certain loans.--
        Notwithstanding any other provision of law, the President may, in
        accordance with this section, sell to any eligible purchaser any
        concessional loan or portion thereof made before January 1, 1995,
        pursuant to the Foreign Assistance Act of 1961, to the government
        of any eligible country as defined in section 702(6) of that Act or
        on receipt of payment from an eligible purchaser, reduce or cancel
        such loan or portion thereof, only for the purpose of
        facilitating--
                (A) debt-for-equity swaps, debt-for-development swaps, or
            debt-for-nature swaps; or
                (B) a debt buyback by an eligible country of its own
            qualified debt, only if the eligible country uses an additional
            amount of the local currency of the eligible country, equal to
            not less than 40 percent of the price paid for such debt by
            such eligible country, or the difference between the price paid
            for such debt and the face value of such debt, to support
            activities that link conservation and sustainable use of
            natural resources with local community development, and child
            survival and other child development, in a manner consistent
            with sections 707 through 710 of the Foreign Assistance Act of
            1961, if the sale, reduction, or cancellation would not
            contravene any term or condition of any prior agreement
            relating to such loan.
            (2) Terms and conditions.--Notwithstanding any other provision
        of law, the President shall, in accordance with this section,
        establish the terms and conditions under which loans may be sold,
        reduced, or canceled pursuant to this section.
            (3) Administration.--The Facility, as defined in section 702(8)
        of the Foreign Assistance Act of 1961, shall notify the
        administrator of the agency primarily responsible for administering
        part I of the Foreign Assistance Act of 1961 of purchasers that the
        President has determined to be eligible, and shall direct such
        agency to carry out the sale, reduction, or cancellation of a loan
        pursuant to this section: Provided, That such agency shall make
        adjustment in its accounts to reflect the sale, reduction, or
        cancellation.
            (4) Limitation.--The authorities of this subsection shall be
        available only to the extent that appropriations for the cost of
        the modification, as defined in section 502 of the Congressional
        Budget Act of 1974, are made in advance.
        (b) Deposit of Proceeds.--The proceeds from the sale, reduction, or
    cancellation of any loan sold, reduced, or canceled pursuant to this
    section shall be deposited in the United States Government account or
    accounts established for the repayment of such loan.
        (c) Eligible Purchasers.--A loan may be sold pursuant to subsection
    (a)(1)(A) only to a purchaser who presents plans satisfactory to the
    President for using the loan for the purpose of engaging in debt-for-
    equity swaps, debt-for-development swaps, or debt-for-nature swaps.
        (d) Debtor Consultations.--Before the sale to any eligible
    purchaser, or any reduction or cancellation pursuant to this section,
    of any loan made to an eligible country, the President should consult
    with the country concerning the amount of loans to be sold, reduced, or
    canceled and their uses for debt-for-equity swaps, debt-for-development
    swaps, or debt-for-nature swaps.
        (e) Availability of Funds.--The authority provided by subsection
    (a) may be used only with regard to funds appropriated by this Act
    under the heading ``Debt Restructuring''.

                      special debt relief for the poorest

        Sec. 7033. (a) Authority to Reduce Debt.--The President may reduce
    amounts owed to the United States (or any agency of the United States)
    by an eligible country as a result of--
            (1) guarantees issued under sections 221 and 222 of the Foreign
        Assistance Act of 1961;
            (2) credits extended or guarantees issued under the Arms Export
        Control Act; or
            (3) any obligation or portion of such obligation, to pay for
        purchases of United States agricultural commodities guaranteed by
        the Commodity Credit Corporation under export credit guarantee
        programs authorized pursuant to section 5(f) of the Commodity
        Credit Corporation Charter Act of June 29, 1948, as amended,
        section 4(b) of the Food for Peace Act of 1966, as amended (Public
        Law 89-808), or section 202 of the Agricultural Trade Act of 1978,
        as amended (Public Law 95-501).
        (b) Limitations.--
            (1) The authority provided by subsection (a) may be exercised
        only to implement multilateral official debt relief and referendum
        agreements, commonly referred to as ``Paris Club Agreed Minutes''.
            (2) The authority provided by subsection (a) may be exercised
        only in such amounts or to such extent as is provided in advance by
        appropriations Acts.
            (3) The authority provided by subsection (a) may be exercised
        only with respect to countries with heavy debt burdens that are
        eligible to borrow from the International Development Association,
        but not from the International Bank for Reconstruction and
        Development, commonly referred to as ``IDA-only'' countries.
        (c) Conditions.--The authority provided by subsection (a) may be
    exercised only with respect to a country whose government--
            (1) does not have an excessive level of military expenditures;
            (2) has not repeatedly provided support for acts of
        international terrorism;
            (3) is not failing to cooperate on international narcotics
        control matters;
            (4) (including its military or other security forces) does not
        engage in a consistent pattern of gross violations of
        internationally recognized human rights; and
            (5) is not ineligible for assistance because of the application
        of section 527 of the Foreign Relations Authorization Act, Fiscal
        Years 1994 and 1995.
        (d) Availability of Funds.--The authority provided by subsection
    (a) may be used only with regard to the funds appropriated by this Act
    under the heading ``Debt Restructuring''.
        (e) Certain Prohibitions Inapplicable.--A reduction of debt
    pursuant to subsection (a) shall not be considered assistance for the
    purposes of any provision of law limiting assistance to a country:
    Provided, That the authority provided by subsection (a) may be
    exercised notwithstanding section 620(r) of the Foreign Assistance Act
    of 1961 or section 321 of the International Development and Food
    Assistance Act of 1975.

                              special authorities

        Sec. 7034. (a) Afghanistan, Iraq, Pakistan, Lebanon, Montenegro,
    Victims of War, Displaced Children, and Displaced Burmese.--Funds
    appropriated under titles III through VI of this Act that are made
    available for assistance for Afghanistan may be made available
    notwithstanding section 7012 of this Act or any similar provision of
    law and section 660 of the Foreign Assistance Act of 1961, and funds
    appropriated in titles III and VI of this Act that are made available
    for Iraq, Lebanon, Montenegro, Pakistan, and for victims of war,
    displaced children, and displaced Burmese, and to assist victims of
    trafficking in persons and, subject to the regular notification
    procedures of the Committees on Appropriations, to combat such
    trafficking, may be made available notwithstanding any other provision
    of law.
        (b) Waiver.--
            (1) The President may waive the provisions of section 1003 of
        Public Law 100-204 if the President determines and certifies in
        writing to the Speaker of the House of Representatives, the
        President pro tempore of the Senate, and the Committees on
        Appropriations that it is important to the national security
        interests of the United States.
            (2) Period of application of waiver.--Any waiver pursuant to
        paragraph (1) shall be effective for no more than a period of 6
        months at a time and shall not apply beyond 12 months after the
        enactment of this Act.
        (c) Small Business.--In entering into multiple award indefinite-
    quantity contracts with funds appropriated by this Act, the United
    States Agency for International Development may provide an exception to
    the fair opportunity process for placing task orders under such
    contracts when the order is placed with any category of small or small
    disadvantaged business.
        (d) Authority Repealed.--Section 7034(d) of Public Law 111-8 is
    hereby repealed.
        (e) Reconstituting Civilian Police Authority.--In providing
    assistance with funds appropriated by this Act under section 660(b)(6)
    of the Foreign Assistance Act of 1961, support for a nation emerging
    from instability may be deemed to mean support for regional, district,
    municipal, or other sub-national entity emerging from instability, as
    well as a nation emerging from instability.
        (f) Extension of Authority.--The Foreign Operations, Export
    Financing, and Related Programs Appropriations Act, 1990 (Public Law
    101-167) is amended--
            (1) in section 599D (8 U.S.C. 1157 note)--
                (A) in subsection (b)(3), by striking ``and 2009'' and
            inserting ``2009, and 2010''; and
                (B) in subsection (e), by striking ``2009'' each place it
            appears and inserting ``2010''; and
            (2) in section 599E (8 U.S.C. 1255 note) in subsection (b)(2),
        by striking ``2009'' and inserting ``2010''.
        (g) World Food Program.--Of the funds managed by the Bureau for
    Democracy, Conflict, and Humanitarian Assistance, United States Agency
    for International Development, from this or any other Act, not less
    than $10,000,000 shall be made available as a general contribution to
    the World Food Program, notwithstanding any other provision of law.
        (h) Disarmament, Demobilization and Reintegration.--Notwithstanding
    any other provision of law, regulation or Executive order, funds
    appropriated by this Act and prior Acts making appropriations for the
    Department of State, foreign operations, and related programs under the
    headings ``Economic Support Fund'', ``Peacekeeping Operations'',
    ``International Disaster Assistance'', and ``Transition Initiatives''
    should be made available to support programs to disarm, demobilize, and
    reintegrate into civilian society former members of foreign terrorist
    organizations: Provided, That the Secretary of State shall consult with
    the Committees on Appropriations prior to the obligation of funds
    pursuant to this subsection: Provided further, That for the purposes of
    this subsection the term ``foreign terrorist organization'' means an
    organization designated as a terrorist organization under section 219
    of the Immigration and Nationality Act.
        (i) Middle East Foundation.--Funds appropriated by this Act and
    prior Acts for a Middle East Foundation shall be subject to the regular
    notification procedures of the Committees on Appropriations.
        (j) Contingencies.--During fiscal year 2010, the President may use
    up to $50,000,000 under the authority of section 451 of the Foreign
    Assistance Act of 1961, notwithstanding any other provision of law.
        (k) Program for Research and Training on Eastern Europe and the
    Independent States of the Former Soviet Union.--Of the funds
    appropriated by this Act under the heading, ``Economic Support Fund'',
    not less than $5,000,000 shall be made available to carry out the
    Program for Research and Training on Eastern Europe and the Independent
    States of the Former Soviet Union (title VIII) as authorized by the
    Soviet-Eastern European Research and Training Act of 1983 (22 U.S.C.
    4501-4508, as amended).
        (l) Interparliamentary Exchanges.--Of the unobligated funds in the
    ``Educational and Cultural Exchange Programs'' appropriation account,
    $411,687 shall be transferred to the permanent appropriation for
    delegation expenses provided under section 303 of the Departments of
    Commerce, Justice, and State, the Judiciary, and Related Agencies
    Appropriations Act, 1988, as enacted into law by section 101(a) of
    Public Law 100-202 (22 USC 276e note), for the purpose of conducting
    Interparliamentary Exchanges and shall remain available until expended.
        (m) Democracy Promotion.--
            (1) Funds made available by this Act that are made available
        for the promotion of democracy may be made available
        notwithstanding any other provision of law, and with regard to the
        National Endowment for Democracy, any regulation.
            (2) For the purposes of funds appropriated by this Act, the
        term ``promotion of democracy'' means programs that support good
        governance, human rights, independent media, and the rule of law,
        and otherwise strengthen the capacity of democratic political
        parties, governments, nongovernmental organizations and
        institutions, and citizens to support the development of democratic
        states, institutions, and practices that are responsive and
        accountable to citizens.
            (3) Any contract, grant, or cooperative agreement (or any
        amendment to any contract, grant or cooperative agreement) in
        excess of $1,000,000 of funds under the heading ``Democracy Fund'',
        and in excess of $2,500,000 under other headings in this Act for
        the promotion of democracy, with the exception of programs and
        activities of the National Endowment for Democracy, shall be
        subject to the regular notification procedures of the Committees on
        Appropriations.
            (4) With respect to the provision of assistance for democracy,
        human rights and governance activities in this Act, the
        organizations implementing such assistance and the specific nature
        of that assistance shall not be subject to the prior approval by
        the government of any foreign country.
            (5) Of the funds appropriated under title III of this Act that
        are made available for the promotion of democracy, not less than
        $30,000,000 shall be made available to expand access to information
        and communications through the Internet, and shall be used for
        programs that provide unmonitored and uncensored access to the
        Internet for large numbers of users living in closed societies that
        have acutely hostile Internet environments.
        (n) Personnel.--The authority provided by section 1113 of Public
    Law 111-32 shall remain in effect through fiscal year 2010.
        (o) Partner Vetting.--None of the funds appropriated by this Act or
    any prior Act may be used by the Secretary of State or the
    Administrator of the United States Agency for International Development
    (USAID) to implement a Partner Vetting System (PVS): Provided, That
    notwithstanding the previous sentence, funds appropriated by this Act
    may be used to implement a PVS pilot program, including necessary
    rulemaking: Provided further, That any such PVS pilot program shall
    apply equally to the programs and activities of the Department of State
    and USAID: Provided further, That the Secretary of State and the USAID
    Administrator shall jointly consult with the Committees on
    Appropriations not later than 90 days after enactment of this Act and
    prior to the implementation of such a PVS pilot program, and such funds
    shall be subject to the regular notification procedures of the
    Committees on Appropriations.
        (p) Spending Plans.--The Secretary of State shall submit to the
    Committees on Appropriations not later than 45 days after enactment of
    this Act, and prior to the initial obligation of funds for assistance
    for Afghanistan, Pakistan, and Iraq, detailed spending plans for funds
    appropriated for such purposes.
        (q) Technical Corrections.--
            (1)(A) Section 67 of the Bretton Woods Agreements Act, as added
        by section 1402 of the Supplemental Appropriations Act, 2009
        (Public Law 111-32), is amended by striking ``resolution numbered
        54-4'' and inserting ``resolution numbered 52-4''.
            (B) The amendment made by subparagraph (A) shall take effect as
        if included in the enactment of section 1402 of Public Law 111-32.
            (2) Section 302(l) of the Foreign Assistance Act of 1961 is
        amended by striking ``Vaccine Fund'' and inserting ``GAVI
        Alliance''.
        (r) Accountability Review Boards.--The authority provided by
    section 301(a)(3) of the Omnibus Diplomatic Security and Antiterrorism
    Act of 1986 (22 U.S.C. 4831(a)(3)) shall remain in effect through
    September 30, 2010.
        (s) Protections and Remedies for Employees of Diplomatic Missions
    and International Organizations.--The Secretary of State shall promptly
    and fully implement section 203(a)(2) of the William Wilberforce
    Trafficking Victims Protection Reauthorization Act of 2008 (Public Law
    110-457): Provided, That in determining whether to suspend the issuance
    of A-3 or G-5 visas to applicants seeking to work for officials of a
    diplomatic mission or international organization, the Secretary shall
    consider whether a final court judgment has been issued against a
    current or former employee of such mission or organization (and the
    time period for a final appeal has expired): Provided further, That the
    Secretary should assist in obtaining payment of final court judgments
    awarded to A-3 and G-5 visa holders: Provided further, That the
    Secretary should include all trafficking cases involving A-3 or G-5
    visa holders in the Trafficking in Persons annual report where a final
    civil judgment has been issued (and the time period for final appeal
    has expired) or the Department of Justice has determined that the
    United States Government would seek to indict the diplomat or a family
    member but for diplomatic immunity.
        (t) International Tribunal for Yugoslavia.--Section 1342(c)(3) of
    the National Defense Authorization Act for Fiscal Year 1996 (Public Law
    104-106) is amended by adding ``, as amended'' after ``signed at The
    Hague, October 5, 1994''.

                         arab league boycott of israel

        Sec. 7035.  It is the sense of the Congress that--
            (1) the Arab League boycott of Israel, and the secondary
        boycott of American firms that have commercial ties with Israel, is
        an impediment to peace in the region and to United States
        investment and trade in the Middle East and North Africa;
            (2) the Arab League boycott, which was regrettably reinstated
        in 1997, should be immediately and publicly terminated, and the
        Central Office for the Boycott of Israel immediately disbanded;
            (3) all Arab League states should normalize relations with
        their neighbor Israel;
            (4) the President and the Secretary of State should continue to
        vigorously oppose the Arab League boycott of Israel and find
        concrete steps to demonstrate that opposition by, for example,
        taking into consideration the participation of any recipient
        country in the boycott when determining to sell weapons to said
        country; and
            (5) the President should report to Congress annually on
        specific steps being taken by the United States to encourage Arab
        League states to normalize their relations with Israel to bring
        about the termination of the Arab League boycott of Israel,
        including those to encourage allies and trading partners of the
        United States to enact laws prohibiting businesses from complying
        with the boycott and penalizing businesses that do comply.

                             palestinian statehood

        Sec. 7036. (a) Limitation on Assistance.--None of the funds
    appropriated under titles III through VI of this Act may be provided to
    support a Palestinian state unless the Secretary of State determines
    and certifies to the appropriate congressional committees that--
            (1) the governing entity of a new Palestinian state--
                (A) has demonstrated a firm commitment to peaceful co-
            existence with the State of Israel;
                (B) is taking appropriate measures to counter terrorism and
            terrorist financing in the West Bank and Gaza, including the
            dismantling of terrorist infrastructures, and is cooperating
            with appropriate Israeli and other appropriate security
            organizations; and
            (2) the Palestinian Authority (or the governing entity of a new
        Palestinian state) is working with other countries in the region to
        vigorously pursue efforts to establish a just, lasting, and
        comprehensive peace in the Middle East that will enable Israel and
        an independent Palestinian state to exist within the context of
        full and normal relationships, which should include--
                (A) termination of all claims or states of belligerency;
                (B) respect for and acknowledgment of the sovereignty,
            territorial integrity, and political independence of every
            state in the area through measures including the establishment
            of demilitarized zones;
                (C) their right to live in peace within secure and
            recognized boundaries free from threats or acts of force;
                (D) freedom of navigation through international waterways
            in the area; and
                (E) a framework for achieving a just settlement of the
            refugee problem.
        (b) Sense of Congress.--It is the sense of Congress that the
    governing entity should enact a constitution assuring the rule of law,
    an independent judiciary, and respect for human rights for its
    citizens, and should enact other laws and regulations assuring
    transparent and accountable governance.
        (c) Waiver.--The President may waive subsection (a) if he
    determines that it is important to the national security interests of
    the United States to do so.
        (d) Exemption.--The restriction in subsection (a) shall not apply
    to assistance intended to help reform the Palestinian Authority and
    affiliated institutions, or the governing entity, in order to help meet
    the requirements of subsection (a), consistent with the provisions of
    section 7040 of this Act (``Limitation on Assistance to the Palestinian
    Authority'').

               restrictions concerning the palestinian authority

        Sec. 7037.  None of the funds appropriated under titles II through
    VI of this Act may be obligated or expended to create in any part of
    Jerusalem a new office of any department or agency of the United States
    Government for the purpose of conducting official United States
    Government business with the Palestinian Authority over Gaza and
    Jericho or any successor Palestinian governing entity provided for in
    the Israel-PLO Declaration of Principles: Provided, That this
    restriction shall not apply to the acquisition of additional space for
    the existing Consulate General in Jerusalem: Provided further, That
    meetings between officers and employees of the United States and
    officials of the Palestinian Authority, or any successor Palestinian
    governing entity provided for in the Israel-PLO Declaration of
    Principles, for the purpose of conducting official United States
    Government business with such authority should continue to take place
    in locations other than Jerusalem: Provided further, That as has been
    true in the past, officers and employees of the United States
    Government may continue to meet in Jerusalem on other subjects with
    Palestinians (including those who now occupy positions in the
    Palestinian Authority), have social contacts, and have incidental
    discussions.

     prohibition on assistance to the palestinian broadcasting corporation

        Sec. 7038.  None of the funds appropriated or otherwise made
    available by this Act may be used to provide equipment, technical
    support, consulting services, or any other form of assistance to the
    Palestinian Broadcasting Corporation.

                     assistance for the west bank and gaza

        Sec. 7039. (a) Oversight.--For fiscal year 2010, 30 days prior to
    the initial obligation of funds for the bilateral West Bank and Gaza
    Program, the Secretary of State shall certify to the Committees on
    Appropriations that procedures have been established to assure the
    Comptroller General of the United States will have access to
    appropriate United States financial information in order to review the
    uses of United States assistance for the Program funded under the
    heading ``Economic Support Fund'' for the West Bank and Gaza.
        (b) Vetting.--Prior to the obligation of funds appropriated by this
    Act under the heading ``Economic Support Fund'' for assistance for the
    West Bank and Gaza, the Secretary of State shall take all appropriate
    steps to ensure that such assistance is not provided to or through any
    individual, private or government entity, or educational institution
    that the Secretary knows or has reason to believe advocates, plans,
    sponsors, engages in, or has engaged in, terrorist activity nor, with
    respect to private entities or educational institutions, those that
    have as a principal officer of the entity's governing board or
    governing board of trustees any individual that has been determined to
    be involved in, or advocating terrorist activity or determined to be a
    member of a designated foreign terrorist organization: Provided, That
    the Secretary of State shall, as appropriate, establish procedures
    specifying the steps to be taken in carrying out this subsection and
    shall terminate assistance to any individual, entity, or educational
    institution which the Secretary has determined to be involved in or
    advocating terrorist activity.
        (c) Prohibition.--
            (1) None of the funds appropriated under titles III through VI
        of this Act for assistance under the West Bank and Gaza Program may
        be made available for the purpose of recognizing or otherwise
        honoring individuals who commit, or have committed acts of
        terrorism.
            (2) Notwithstanding any other provision of law, none of the
        funds made available by this or prior appropriations Acts,
        including funds made available by transfer, may be made available
        for obligation for security assistance for the West Bank and Gaza
        until the Secretary of State reports to the Committees on
        Appropriations on the benchmarks that have been established for
        security assistance for the West Bank and Gaza and reports on the
        extent of Palestinian compliance with such benchmarks.
        (d) Audits.--
            (1) The Administrator of the United States Agency for
        International Development shall ensure that Federal or non-Federal
        audits of all contractors and grantees, and significant
        subcontractors and sub-grantees, under the West Bank and Gaza
        Program, are conducted at least on an annual basis to ensure, among
        other things, compliance with this section.
            (2) Of the funds appropriated by this Act up to $500,000 may be
        used by the Office of Inspector General of the United States Agency
        for International Development for audits, inspections, and other
        activities in furtherance of the requirements of this subsection:
        Provided, That such funds are in addition to funds otherwise
        available for such purposes.
        (e) Subsequent to the certification specified in subsection (a),
    the Comptroller General of the United States shall conduct an audit and
    an investigation of the treatment, handling, and uses of all funds for
    the bilateral West Bank and Gaza Program, including all funds provided
    as cash transfer assistance, in fiscal year 2010 under the heading
    ``Economic Support Fund'', and such audit shall address--
            (1) the extent to which such Program complies with the
        requirements of subsections (b) and (c); and
            (2) an examination of all programs, projects, and activities
        carried out under such Program, including both obligations and
        expenditures.
        (f) Funds made available in this Act for West Bank and Gaza shall
    be subject to the regular notification procedures of the Committees on
    Appropriations.
        (g) Not later than 180 days after enactment of this Act, the
    Secretary of State shall submit a report to the Committees on
    Appropriations updating the report contained in section 2106 of chapter
    2 of title II of Public Law 109-13.

             limitation on assistance for the palestinian authority

        Sec. 7040. (a) Prohibition of Funds.--None of the funds
    appropriated by this Act to carry out the provisions of chapter 4 of
    part II of the Foreign Assistance Act of 1961 may be obligated or
    expended with respect to providing funds to the Palestinian Authority.
        (b) Waiver.--The prohibition included in subsection (a) shall not
    apply if the President certifies in writing to the Speaker of the House
    of Representatives, the President pro tempore of the Senate, and the
    Committees on Appropriations that waiving such prohibition is important
    to the national security interests of the United States.
        (c) Period of Application of Waiver.--Any waiver pursuant to
    subsection (b) shall be effective for no more than a period of 6 months
    at a time and shall not apply beyond 12 months after the enactment of
    this Act.
        (d) Report.--Whenever the waiver authority pursuant to subsection
    (b) is exercised, the President shall submit a report to the Committees
    on Appropriations detailing the justification for the waiver, the
    purposes for which the funds will be spent, and the accounting
    procedures in place to ensure that the funds are properly disbursed:
    Provided, That the report shall also detail the steps the Palestinian
    Authority has taken to arrest terrorists, confiscate weapons and
    dismantle the terrorist infrastructure.
        (e) Certification.--If the President exercises the waiver authority
    under subsection (b), the Secretary of State must certify and report to
    the Committees on Appropriations prior to the obligation of funds that
    the Palestinian Authority has established a single treasury account for
    all Palestinian Authority financing and all financing mechanisms flow
    through this account, no parallel financing mechanisms exist outside of
    the Palestinian Authority treasury account, and there is a single
    comprehensive civil service roster and payroll.
        (f) Prohibition to Hamas and the Palestine Liberation
    Organization.--
            (1) None of the funds appropriated in titles III through VI of
        this Act may be obligated for salaries of personnel of the
        Palestinian Authority located in Gaza or may be obligated or
        expended for assistance to Hamas or any entity effectively
        controlled by Hamas or any power-sharing government of which Hamas
        is a member.
            (2) Notwithstanding the limitation of subsection (1),
        assistance may be provided to a power-sharing government only if
        the President certifies and reports to the Committees on
        Appropriations that such government, including all of its ministers
        or such equivalent, has publicly accepted and is complying with the
        principles contained in section 620K(b)(1)(A) and (B) of the
        Foreign Assistance Act of 1961, as amended.
            (3) The President may exercise the authority in section 620K(e)
        of the Foreign Assistance Act as added by the Palestinian Anti-
        Terrorism Act of 2006 (Public Law 109-446) with respect to this
        subsection.
            (4) Whenever the certification pursuant to paragraph (2) is
        exercised, the Secretary of State shall submit a report to the
        Committees on Appropriations within 120 days of the certification
        and every quarter thereafter on whether such government, including
        all of its ministers or such equivalent are continuing to comply
        with the principles contained in section 620K(b)(l)(A) and (B) of
        the Foreign Assistance Act of 1961, as amended: Provided, That the
        report shall also detail the amount, purposes and delivery
        mechanisms for any assistance provided pursuant to the
        abovementioned certification and a full accounting of any direct
        support of such government.
            (5) None of the funds appropriated under titles III through VI
        of this Act may be obligated for assistance for the Palestine
        Liberation Organization.

                                  saudi arabia

        Sec. 7041.  None of the funds made available in this Act may be
    obligated or expended to finance any assistance to Saudi Arabia:
    Provided, That the Secretary of State may waive this section if the
    Secretary determines that to do so is in the national interest of the
    United States.

                                   near east

        Sec. 7042. (a) Egypt.--
            (1) Of the funds appropriated by titles III and IV of this Act,
        not less than $1,295,200,000 shall be made available for assistance
        for Egypt.
            (2) Of the funds appropriated by this Act under the heading
        ``Economic Support Fund'' for assistance for Egypt, up to
        $50,000,000 may be made available for an endowment to further the
        shared interests of the United States and Egypt, consistent with
        the purposes and requirements for which such funds are requested in
        the fiscal year 2010 congressional budget justification materials
        and appropriated under such heading: Provided, That the Secretary
        of State shall consult with the Committees on Appropriations on the
        establishment of such an endowment, and any funds to be used for
        such an endowment shall be subject to the regular notification
        procedures of the Committees on Appropriations.
        (b) Iraq.--
            (1) Of the funds appropriated by titles III and IV of this Act,
        up to $466,800,000 may be made available for assistance for Iraq.
            (2) The terms and conditions of section 1106(a) and (b) of
        Public Law 111-32 shall apply to assistance for Iraq in fiscal year
        2010.
            (3) None of the funds made available in this Act may be used by
        the Government of the United States to enter into a permanent
        basing rights agreement between the United States and Iraq.
        (c) Jordan.--Of the funds appropriated by titles III and IV of this
    Act, not less than $542,950,000 shall be made available for assistance
    for Jordan.
        (d) Lebanon.--
            (1) Of the funds appropriated by titles III and IV of this Act,
        not less than $238,300,000 shall be made available for assistance
        for Lebanon.
            (2) Funds appropriated under the heading ``Foreign Military
        Financing Program'' in this Act for assistance for Lebanon shall be
        made available only to professionalize the Lebanese Armed Forces
        and to strengthen border security and combat terrorism, including
        training and equipping the Lebanese Armed Forces to secure
        Lebanon's borders, interdicting arms shipments, preventing the use
        of Lebanon as a safe haven for terrorist groups and implementing
        United Nations Security Council Resolution 1701: Provided, That
        funds may not be made available for obligation until the Secretary
        of State provides the Committees on Appropriations a detailed
        spending plan.
        (e) Middle East Peace.--Funds appropriated by this Act should be
    made available in a manner to further peace in the Middle East between
    Israelis and Palestinians.
        (f) West Bank and Gaza.--
            (1) Of the funds appropriated by titles III and IV of this Act,
        $502,900,000 shall be made available for assistance for the West
        Bank and Gaza.
            (2) The reporting requirements contained in section 1404 of
        Public Law 110-242 shall apply to funds made available by this Act,
        including a description of modifications, if any, to the security
        strategy of the Palestinian Authority.
            (3) The reporting requirements regarding the United Nations
        Relief and Works Agency contained in the joint explanatory
        statement accompanying the Supplemental Appropriations Act, 2009
        (Public Law 111-32, House Report 111-151) under the heading
        ``Migration and Refugee Assistance'' in title XI shall apply to
        funds made available by this Act under such heading.

                                 iran sanctions

        Sec. 7043. (a) Use of Funds.--It is the policy of the United States
    to seek to prevent Iran from achieving the capability to produce or
    otherwise manufacture nuclear weapons, including by supporting
    international diplomatic efforts to halt Iran's uranium enrichment
    program, and the President should fully implement and enforce the Iran
    Sanctions Act of 1996, as amended (Public Law 104-172) as a means of
    encouraging foreign governments to require state-owned and private
    entities to cease all investment in, and support of, Iran's energy
    sector and all exports of refined petroleum products to Iran.
        (b) Limitation.--
            (1) None of the funds made available in title VI of this Act
        under the heading ``Program Account'' or ``Subsidy Appropriation''
        may be used by the Export-Import Bank of the United States to
        authorize any new guarantee, insurance, or extension of credit for
        any project controlled by an energy producer or refiner that
        continues to:
                (A) provide Iran with significant refined petroleum
            resources;
                (B) materially contribute to Iran's capability to import
            refined petroleum resources; or
                (C) allow Iran to maintain or expand, in any material
            respect, its domestic production of refined petroleum
            resources, including any assistance in refinery construction,
            modernization, or repair.
            (2) If the Secretary of State determines and reports to the
        Committees on Appropriations that a country is closely cooperating
        with efforts of the United States related to Iran, such as through
        the imposition of sanctions, the Secretary may exempt private
        entities from such country from the limitation under paragraph (1).
            (3) The President may waive the limitation under paragraph (1)
        if the President determines and reports to the Committees on
        Appropriations that to do so is important to the national security
        interest of the United States.
        (c) Reports.--
            (1) The Secretary of State shall submit to the Committees on
        Appropriations, not later than 90 days after the date of enactment
        of this Act and the end of each 90-day period thereafter until
        September 30, 2010, a report on the status of the bilateral and
        multilateral efforts aimed at curtailing the pursuit by Iran of
        nuclear weapons technology.
            (2) The Secretary of State, in consultation with the Secretary
        of the Treasury, shall submit to the Committees on Appropriations,
        not later than 180 days after the date of enactment of this Act, a
        report on the status of bilateral United States and multilateral
        sanctions against Iran and actions taken by the United States and
        the international community to enforce sanctions against Iran:
        Provided, That such report may be submitted in classified form if
        necessary and shall include the following:
                (A) a list of all current United States bilateral and
            multilateral sanctions against Iran;
                (B) a list of all United States and foreign entities that
            the Secretary of State has reason to believe may be in
            violation of existing United States bilateral and multilateral
            sanctions;
                (C) a detailed description of United States efforts to
            enforce sanctions, including a list of all investigations
            initiated in the 12 months preceding the date of enactment of
            this Act that have resulted in a determination that a sanctions
            violation has occurred, and actions taken by the United States
            Government pursuant to the determination;
                (D) any case in which sanctions were waived or otherwise
            not imposed against an entity which was determined to have
            engaged in activities for which sanctions should be imposed and
            the reason why action was not taken to sanction the entity; and
                (E) a description of United States diplomatic efforts to
            expand bilateral and multilateral sanctions against Iran and
            strengthen international efforts to enforce existing sanctions.

                       aircraft transfer and coordination

        Sec. 7044. (a) Transfer Authority.--Notwithstanding any other
    provision of law or regulation, aircraft procured with funds
    appropriated by this Act and prior Acts making appropriations for the
    Department of State, foreign operations, and related programs under the
    headings ``Diplomatic and Consular Programs'', ``International
    Narcotics Control and Law Enforcement'', and ``Andean Counterdrug
    Programs'' may be used for any other program and in any region,
    including for the transportation of active and standby Civilian
    Response Corps personnel and equipment during a deployment: Provided,
    That the responsibility for policy decisions and justification for the
    use of such transfer authority shall be the responsibility of the
    Secretary of State and the Deputy Secretary of State and this
    responsibility shall not be delegated.
        (b) Property Disposal.--The authority provided in subsection (a)
    shall apply only after a determination by the Secretary of State to the
    Committees on Appropriations that the equipment is no longer required
    to meet programmatic purposes in the designated country or region:
    Provided, That any such transfer shall be subject to prior consultation
    with, and the regular notification procedures of, the Committees on
    Appropriations.
        (c) Aircraft Coordination.--
            (1) The uses of aircraft purchased or leased by the Department
        of State and the United States Agency for International Development
        (USAID) with funds made available in this Act or prior Acts making
        appropriations for the Department of State, foreign operations, and
        related programs shall be coordinated under the authority of the
        appropriate Chief of Mission: Provided, That such aircraft may be
        used to transport Federal and non-Federal personnel supporting the
        Department of State and USAID programs and activities: Provided
        further, That official travel for other agencies for other purposes
        may be supported on a reimbursable basis, or without reimbursement
        when traveling on a space available basis.
            (2) The requirement and authorities of this subsection shall
        only apply to aircraft, the primary purpose of which is the
        transportation of personnel.
        (d) Air Fleets.--Not later than September 30, 2010, the Secretary
    of State, in consultation with the USAID Administrator, shall submit a
    report to the Committees on Appropriations detailing the total
    inventory of aircraft procured, leased, or contracted by the Department
    of State and USAID, the contractors operating such aircraft, and the
    annual costs of such contracts: Provided, That such report shall also
    include a best value analysis of the tradeoffs between the purchase or
    lease of aircraft, including all aspects of the costs and risks
    associated with air operations such as repair, maintenance, air safety
    and daily operations.

                               western hemisphere

        Sec. 7045. (a) Trade Capacity.--Of the funds appropriated by this
    Act, not less than $10,000,000 under the heading ``Development
    Assistance'' and not less than $10,000,000 under the heading ``Economic
    Support Fund'' shall be made available for labor and environmental
    capacity building activities relating to the free trade agreements with
    countries of Central America, Peru and the Dominican Republic.
        (b) Assistance for Haiti.--
            (1) The Government of Haiti shall be eligible to purchase
        defense articles and services under the Arms Export Control Act (22
        U.S.C. 2751 et seq.), for the Coast Guard.
            (2) Of the funds appropriated by this Act under titles III and
        IV, not less than $295,530,000 shall be made available for
        assistance for Haiti.
            (3) None of the funds made available by this Act under the
        heading ``International Narcotics Control and Law Enforcement'' may
        be used to transfer excess weapons, ammunition or other lethal
        property of an agency of the United States Government to the
        Government of Haiti for use by the Haitian National Police until
        the Secretary of State reports to the Committees on Appropriations
        that any members of the Haitian National Police who have been
        credibly alleged to have committed serious crimes, including drug
        trafficking and violations of internationally recognized human
        rights, have been suspended.
        (c) Caribbean Basin Security Initiative.--Of the funds appropriated
    under the headings ``Development Assistance'', ``Economic Support
    Fund'', ``International Narcotics Control and Law Enforcement'', and
    ``Foreign Military Financing Program'' in this Act, not less than
    $37,000,000 should be made available for assistance for the countries
    of the Caribbean Basin, to provide equipment and training to combat
    drug trafficking and related violence and organized crime, and for
    judicial reform, institution building, education, anti-corruption, rule
    of law activities, and maritime security, of which not less than
    $21,100,000 should be made available for social justice and education
    programs to include vocational training, workforce development and
    juvenile justice activities: Provided, That none of the funds made
    available under this subsection shall be made available for budget
    support or as cash payments.
            (1) Spending plan.--Not later than 45 days after the date of
        the enactment of this Act, the Secretary of State shall submit to
        the Committees on Appropriations a detailed spending plan for funds
        appropriated or otherwise made available for the countries of the
        Caribbean Basin by this Act, with concrete goals, actions to be
        taken, budget proposals, and anticipated results.
            (2) Definition.--For the purposes of this subsection, the term
        ``countries of the Caribbean Basin'' means Antigua and Barbuda, The
        Bahamas, Barbados, Belize, Dominica, Dominican Republic, Grenada,
        Guyana, Haiti, Jamaica, St. Kitts and Nevis, Saint Lucia, St.
        Vincent and the Grenadines, Suriname, and Trinidad and Tobago.
        (d) Assistance for Guatemala.--
            (1) Of the funds appropriated by this Act under the heading
        ``International Narcotics Control and Law Enforcement'' not less
        than $4,000,000 shall be made available for a United States
        contribution to the International Commission Against Impunity in
        Guatemala (CICIG).
            (2) Funds appropriated by this Act under the heading
        ``International Military Education and Training'' (IMET) that are
        available for assistance for Guatemala, other than for expanded
        IMET, may be made available only for the Guatemalan Air Force, Navy
        and Army Corps of Engineers: Provided, That assistance for the Army
        Corps of Engineers shall only be available for training to improve
        disaster response capabilities and to participate in international
        peacekeeping operations: Provided further, That such funds may be
        made available only if the Secretary of State certifies that the
        Air Force, Navy and Army Corps of Engineers are respecting
        internationally recognized human rights and cooperating with
        civilian judicial investigations and prosecutions of current and
        retired military personnel who have been credibly alleged to have
        committed violations of such rights, and with the CICIG by granting
        access to CICIG personnel, providing evidence to CICIG, and
        allowing witness testimony.
            (3) Of the funds appropriated by this Act under the heading
        ``Foreign Military Financing Program'', not more than $1,000,000
        may be made available for the Guatemalan Air Force, Navy and Army
        Corps of Engineers: Provided, That assistance for the Army Corps of
        Engineers shall only be available for training to improve disaster
        response capabilities and to participate in international
        peacekeeping operations: Provided further, That such funds may be
        made available only if the Secretary of State certifies that the
        Air Force, Navy and Army Corps of Engineers are respecting
        internationally recognized human rights and cooperating with
        civilian judicial investigations and prosecutions of current and
        retired military personnel who have been credibly alleged to have
        committed violations of such rights, including protecting and
        providing to the Attorney General's office all military archives
        pertaining to the internal armed conflict, and cooperating with the
        CICIG by granting access to CICIG personnel, providing evidence to
        CICIG, and allowing witness testimony: Provided further, That funds
        made available in this Act for regional naval cooperation and
        maritime security assistance programs shall not be subject to the
        funding limitation of this subsection.
        (e) Assistance for Mexico.--
            (1) Assistance.--Of the funds appropriated under the headings
        ``International Narcotics Control and Law Enforcement'', ``Foreign
        Military Financing Program'', and ``Economic Support Fund'' in this
        Act, not more than $210,250,000 may be made available for
        assistance for Mexico, only to combat drug trafficking and related
        violence and organized crime, and for judicial reform, institution
        building, anti-corruption, and rule of law activities: Provided,
        That none of the funds made available under this subsection shall
        be made available for budget support or as cash payments.
            (2) Applicability of fiscal year 2009 provisions.--The
        provisions of paragraphs (1) through (3) of section 7045(e) of the
        Department of State, Foreign Operations, and Related Programs
        Appropriations Act, 2009 (division H of Public Law 111-8) shall
        apply to funds appropriated or otherwise made available by this Act
        for assistance for Mexico to the same extent and in the same manner
        as such provisions of law applied to funds appropriated or
        otherwise made available by such other Act for assistance for
        Mexico.
        (f) Assistance for the Countries of Central America.--Of the funds
    appropriated under the headings ``International Narcotics Control and
    Law Enforcement'', ``Economic Support Fund'', and ``Foreign Military
    Financing Program'', up to $83,000,000 may be made available for
    assistance for the countries of Central America only to combat drug
    trafficking and related violence and organized crime, and for judicial
    reform, institution building, anti-corruption, rule of law activities,
    and maritime security: Provided, That funds appropriated under the
    heading ``Economic Support Fund'' shall be made available through the
    United States Agency for International Development for continued
    support of an Economic and Social Development Fund for Central America:
    Provided further, That none of the funds made available under this
    subsection shall be made available for budget support or as cash
    payments.
            (1) Applicability of fiscal year 2009 provisions.--The
        provisions of paragraphs (1) through (3) of section 7045(f) of the
        Department of State, Foreign Operations, and Related Programs
        Appropriations Act, 2009 (division H of Public Law 111-8) shall
        apply to funds appropriated or otherwise made available by this Act
        for assistance for countries of Central America to the same extent
        and in the same manner as such provisions of law applied to funds
        appropriated or otherwise made available by such other Act for
        assistance for the countries of Central America.
            (2) Definition.--For the purposes of this subsection, the term
        ``countries of Central America'' means Belize, Costa Rica, El
        Salvador, Guatemala, Honduras, Nicaragua, and Panama.
        (g) Aircraft Operations and Maintenance.--To the maximum extent
    practicable, the costs of operations and maintenance, including fuel,
    of aircraft funded by this Act should be borne by the recipient
    country.
        (h) Pilot Project.--Not later than June 30, 2011, the Secretary of
    State, in consultation with the Secretary of Homeland Security, shall
    submit a report to the Committees on Appropriations on the feasibility
    of extending the use of passport cards as proof of identity and
    citizenship for the purposes of international travel by nationals of
    the United States, Canada, and Mexico to air ports of entry between the
    United States and Canada and between the United States and Mexico:
    Provided, That the report shall detail all relevant security,
    infrastructure, budget, policy, or diplomatic implications that may
    arise from extending such use of passport cards: Provided further, That
    the Secretary shall use up to $100,000 of the funds made available
    under the heading ``Diplomatic and Consular Programs'' in this Act for
    a pilot project to test the feasibility of such use of passport cards
    at selected air ports of entry between the United States and Canada.

                                    colombia

        Sec. 7046. (a) Assistance.--Of the funds appropriated under the
    headings ``Economic Support Fund'', ``International Narcotics Control
    and Law Enforcement'', ``Nonproliferation, Anti-terrorism, Demining and
    Related Programs'', ``International Military Education and Training'',
    and ``Foreign Military Financing Program'' in this Act, not more than
    $521,880,000 shall be made available for assistance for Colombia.
        Funds appropriated by this Act and made available to the Department
    of State for assistance to the Government of Colombia may be used to
    support a unified campaign against narcotics trafficking and
    organizations designated as Foreign Terrorist Organizations and
    successor organizations, and to take actions to protect human health
    and welfare in emergency circumstances, including undertaking rescue
    operations: Provided, That assistance made available in prior Acts for
    the Government of Colombia to protect the Cano-Limon pipeline may also
    be used for purposes for which funds are made available under the
    heading ``International Narcotics Control and Law Enforcement'' in this
    Act: Provided further, That no United States Armed Forces personnel or
    United States civilian contractor employed by the United States will
    participate in any combat operation in connection with assistance made
    available by this Act for Colombia: Provided further, That rotary and
    fixed wing aircraft supported with funds appropriated under the heading
    ``International Narcotics Control and Law Enforcement'' for assistance
    for Colombia may be used for aerial or manual drug eradication and
    interdiction including to transport personnel and supplies and to
    provide security for such operations, and to provide transport in
    support of alternative development programs and investigations of cases
    under the jurisdiction of the Attorney General, the Procuraduria
    General de la Nacion, and the Defensoria del Pueblo: Provided further,
    That the President shall ensure that if any helicopter procured with
    funds in this Act or prior Acts making appropriations for the
    Department of State, foreign operations, and related programs, is used
    to aid or abet the operations of any illegal self-defense group,
    paramilitary organization, illegal security cooperative or successor
    organizations in Colombia, such helicopter shall be immediately
    returned to the United States: Provided further, That none of the funds
    appropriated by this Act or prior Acts making appropriations for the
    Department of State, foreign operations, and related programs may be
    made available for assistance for the Colombian Departamento
    Administrativo de Seguridad.
        Of the funds available under the heading ``International Narcotics
    Control and Law Enforcement'' for the Colombian national police for the
    procurement of chemicals for aerial coca and poppy eradication
    programs, not more than 20 percent of such funds may be made available
    for such eradication programs unless the Secretary of State certifies
    to the Committees on Appropriations that: (1) the herbicide is being
    used in accordance with Environmental Protection Agency label
    requirements for comparable use in the United States and with Colombian
    laws; and (2) the herbicide, in the manner it is being used, does not
    pose unreasonable risks or adverse effects to humans or the
    environment, including endemic species: Provided, That such funds may
    not be made available unless the Secretary of State certifies to the
    Committees on Appropriations that any complaints of harm to health or
    licit crops caused by such aerial eradication are thoroughly
    investigated and evaluated, and fair compensation is being paid in a
    timely manner for meritorious claims: Provided further, That such funds
    may not be made available for such purposes unless programs are being
    implemented by the United States Agency for International Development,
    the Government of Colombia, or other organizations, in consultation and
    coordination with local communities, to provide alternative sources of
    income in areas where security permits for small-acreage growers and
    communities whose illicit crops are targeted for aerial eradication:
    Provided further, That none of the funds appropriated by this Act for
    assistance for Colombia shall be made available for the cultivation or
    processing of African oil palm, if doing so would contribute to
    significant loss of native species, disrupt or contaminate natural
    water sources, reduce local food security, or cause the forced
    displacement of local people: Provided further, That funds appropriated
    by this Act may not be used for aerial eradication in Colombia's
    national parks or reserves unless the Secretary of State certifies to
    the Committees on Appropriations on a case-by-case basis that there are
    no effective alternatives and the eradication is conducted in
    accordance with Colombian laws.
        (b) Applicability of Fiscal Year 2009 Provisions.--
            (1) In general.--Except as provided in paragraph (2), the
        provisions of subsections (b) through (f) of section 7046 of the
        Department of State, Foreign Operations, and Related Programs
        Appropriations Act, 2009 (division H of Public Law 111-8) shall
        apply to funds appropriated or otherwise made available by this Act
        for assistance for Colombia to the same extent and in the same
        manner as such provisions of law applied to funds appropriated or
        otherwise made available by such other Act for assistance for
        Colombia.
            (2) Exceptions.--The following provisions of section 7046 of
        division H of Public Law 111-8 shall apply to funds appropriated or
        otherwise made available by this Act for assistance for Colombia as
        follows:
                (A) Subsection (b)(1)(B) is amended by striking clause (iv)
            and inserting the following:
                    ``(iv) That the Government of Colombia is respecting
                the rights of human rights defenders, journalists, trade
                unionists, political opposition and religious leaders, and
                indigenous and Afro-Colombian communities, and the
                Colombian Armed Forces are implementing procedures to
                distinguish between civilians, including displaced persons,
                and combatants in their operations.''.
                (B) Subsection (b)(2) is amended by striking ``July 31,
            2009'' and inserting ``July 31, 2010''.
                (C) Subsection (b)(3) is amended by striking ``Andean
            Counterdrug Programs'' and inserting ``International Narcotics
            Control and Law Enforcement''.
                (D) Subsection (c) is amended by striking ``September 30,
            2009'' and inserting ``September 30, 2010''.
                (E) Subsection (d)(1) is amended--
                    (i) by striking ``$16,769,000'' and inserting
                ``$18,606,000''; and
                    (ii) by striking ``fiscal year 2009'' and inserting
                ``fiscal year 2010''.

                       community-based police assistance

        Sec. 7047. (a) Authority.--Funds made available by titles III and
    IV of this Act to carry out the provisions of chapter 1 of part I and
    chapters 4 and 6 of part II of the Foreign Assistance Act of 1961, may
    be used, notwithstanding section 660 of that Act, to enhance the
    effectiveness and accountability of civilian police authority through
    training and technical assistance in human rights, the rule of law,
    anti-corruption, strategic planning, and through assistance to foster
    civilian police roles that support democratic governance including
    assistance for programs to prevent conflict, respond to disasters,
    address gender-based violence, and foster improved police relations
    with the communities they serve.
        (b) Notification.--Assistance provided under subsection (a) shall
    be subject to prior consultation with, and the regular notification
    procedures of, the Committees on Appropriations.

               prohibition of payments to united nations members

        Sec. 7048.  None of the funds appropriated or made available
    pursuant to titles III through VI of this Act for carrying out the
    Foreign Assistance Act of 1961, may be used to pay in whole or in part
    any assessments, arrearages, or dues of any member of the United
    Nations or, from funds appropriated by this Act to carry out chapter 1
    of part I of the Foreign Assistance Act of 1961, the costs for
    participation of another country's delegation at international
    conferences held under the auspices of multilateral or international
    organizations.

                         war crimes tribunals drawdown

        Sec. 7049.  If the President determines that doing so will
    contribute to a just resolution of charges regarding genocide or other
    violations of international humanitarian law, the President may direct
    a drawdown pursuant to section 552(c) of the Foreign Assistance Act of
    1961 of up to $30,000,000 of commodities and services for the United
    Nations War Crimes Tribunal established with regard to the former
    Yugoslavia by the United Nations Security Council or such other
    tribunals or commissions as the Council may establish or authorize to
    deal with such violations, without regard to the ceiling limitation
    contained in paragraph (2) thereof: Provided, That the determination
    required under this section shall be in lieu of any determinations
    otherwise required under section 552(c): Provided further, That funds
    made available pursuant to this section shall be made available subject
    to the regular notification procedures of the Committees on
    Appropriations.

                             peacekeeping missions

        Sec. 7050.  None of the funds made available under title I of this
    Act may be used for any United Nations activity when it is made known
    to the Federal official having authority to obligate or expend such
    funds that: (1) the United Nations activity is a peacekeeping mission;
    (2) such activity will involve United States Armed Forces under the
    command or operational control of a foreign national; and (3) the
    President's military advisors have not submitted to the President a
    recommendation that such involvement is in the national interests of
    the United States and the President has not submitted to the Congress
    such a recommendation.

                            peacekeeping assessment

        Sec. 7051.  Section 404(b)(2)(B) of the Foreign Relations
    Authorization Act, Fiscal Years 1994 and 1995 (22 U.S.C. 287e note) is
    amended by adding the following:
                    ``(vi) For assessments made during calendar year 2010,
                27.3 percent.''.

                      united nations human rights council

        Sec. 7052.  The Secretary of State shall report to the Committees
    on Appropriations not later than 30 days after the date of enactment of
    this Act, and every 180 days thereafter until September 30, 2010, on
    the resolutions adopted in the United Nations Human Rights Council.

                    attendance at international conferences

        Sec. 7053.  None of the funds made available in this Act may be
    used to send or otherwise pay for the attendance of more than 50
    employees of agencies or departments of the United States Government
    who are stationed in the United States, at any single international
    conference occurring outside the United States, unless the Secretary of
    State reports to the Committees on Appropriations that such attendance
    is in the national interest: Provided, That for purposes of this
    section the term ``international conference'' shall mean a conference
    attended by representatives of the United States Government and of
    foreign governments, international organizations, or nongovernmental
    organizations.

                   restrictions on united nations delegations

        Sec. 7054.  None of the funds made available under title I of this
    Act may be used to pay expenses for any United States delegation to any
    specialized agency, body, or commission of the United Nations if such
    commission is chaired or presided over by a country, the government of
    which the Secretary of State has determined, for purposes of section
    6(j)(1) of the Export Administration Act of 1979 (50 U.S.C. App.
    2405(j)(1)), supports international terrorism.

       parking fines and real property taxes owed by foreign governments

        Sec. 7055. (a) Subject to subsection (c), of the funds appropriated
    under titles III through VI by this Act that are made available for
    assistance for a foreign country, an amount equal to 110 percent of the
    total amount of the unpaid fully adjudicated parking fines and
    penalties and unpaid property taxes owed by the central government of
    such country shall be withheld from obligation for assistance for the
    central government of such country until the Secretary of State submits
    a certification to the Committees on Appropriations stating that such
    parking fines and penalties and unpaid property taxes are fully paid.
        (b) Funds withheld from obligation pursuant to subsection (a) may
    be made available for other programs or activities funded by this Act,
    after consultation with and subject to the regular notification
    procedures of the Committees on Appropriations, provided that no such
    funds shall be made available for assistance for the central government
    of a foreign country that has not paid the total amount of the fully
    adjudicated parking fines and penalties and unpaid property taxes owed
    by such country.
        (c) Subsection (a) shall not include amounts that have been
    withheld under any other provision of law.
        (d)(1) The Secretary of State may waive the requirements set forth
    in subsection (a) with respect to parking fines and penalties no sooner
    than 60 days from the date of enactment of this Act, or at any time
    with respect to a particular country, if the Secretary determines that
    it is in the national interests of the United States to do so.
        (2) The Secretary of State may waive the requirements set forth in
    subsection (a) with respect to the unpaid property taxes if the
    Secretary of State determines that it is in the national interests of
    the United States to do so.
        (e) Not later than 6 months after the initial exercise of the
    waiver authority in subsection (d), the Secretary of State, after
    consultations with the City of New York, shall submit a report to the
    Committees on Appropriations describing a strategy, including a
    timetable and steps currently being taken, to collect the parking fines
    and penalties and unpaid property taxes and interest owed by nations
    receiving foreign assistance under this Act.
        (f) In this section:
            (1) The term ``fully adjudicated'' includes circumstances in
        which the person to whom the vehicle is registered--
                (A)(i) has not responded to the parking violation summons;
            or
                (ii) has not followed the appropriate adjudication
            procedure to challenge the summons; and
                (B) the period of time for payment of or challenge to the
            summons has lapsed.
            (2) The term ``parking fines and penalties'' means parking
        fines and penalties--
                (A) owed to--
                    (i) the District of Columbia; or
                    (ii) New York, New York; and
                (B) incurred during the period April 1, 1997, through
            September 30, 2009.
            (3) The term ``unpaid property taxes'' means the amount of
        unpaid taxes and interest determined to be owed by a foreign
        country on real property in the District of Columbia or New York,
        New York in a court order or judgment entered against such country
        by a court of the United States or any State or subdivision
        thereof.

                        landmines and cluster munitions

        Sec. 7056. (a) Landmines.--Notwithstanding any other provision of
    law, demining equipment available to the United States Agency for
    International Development and the Department of State and used in
    support of the clearance of landmines and unexploded ordnance for
    humanitarian purposes may be disposed of on a grant basis in foreign
    countries, subject to such terms and conditions as the President may
    prescribe.
        (b) Cluster Munitions.--No military assistance shall be furnished
    for cluster munitions, no defense export license for cluster munitions
    may be issued, and no cluster munitions or cluster munitions technology
    shall be sold or transferred, unless--
            (1) the submunitions of the cluster munitions, after arming, do
        not result in more than 1 percent unexploded ordnance across the
        range of intended operational environments; and
            (2) the agreement applicable to the assistance, transfer, or
        sale of such cluster munitions or cluster munitions technology
        specifies that the cluster munitions will only be used against
        clearly defined military targets and will not be used where
        civilians are known to be present or in areas normally inhabited by
        civilians.

                     prohibition on publicity or propaganda

        Sec. 7057.  No part of any appropriation contained in this Act
    shall be used for publicity or propaganda purposes within the United
    States not authorized before the date of the enactment of this Act by
    the Congress: Provided, That not to exceed $25,000 may be made
    available to carry out the provisions of section 316 of Public Law 96-
    533.

                        limitation on residence expenses

        Sec. 7058.  Of the funds appropriated or made available pursuant to
    title II of this Act, not to exceed $100,500 shall be for official
    residence expenses of the United States Agency for International
    Development during the current fiscal year: Provided, That appropriate
    steps shall be taken to assure that, to the maximum extent possible,
    United States-owned foreign currencies are utilized in lieu of dollars.

         united states agency for international development management

                         (including transfer of funds)

        Sec. 7059. (a) Authority.--Up to $93,000,000 of the funds made
    available in title III of this Act to carry out the provisions of part
    I of the Foreign Assistance Act of 1961, including funds appropriated
    under the heading ``Assistance for Europe, Eurasia and Central Asia'',
    may be used by the United States Agency for International Development
    (USAID) to hire and employ individuals in the United States and
    overseas on a limited appointment basis pursuant to the authority of
    sections 308 and 309 of the Foreign Service Act of 1980.
        (b) Restrictions.--
            (1) The number of individuals hired in any fiscal year pursuant
        to the authority contained in subsection (a) may not exceed 175.
            (2) The authority to hire individuals contained in subsection
        (a) shall expire on September 30, 2011.
        (c) Conditions.--The authority of subsection (a) may only be used
    to the extent that an equivalent number of positions that are filled by
    personal services contractors or other non-direct hire employees of
    USAID, who are compensated with funds appropriated to carry out part I
    of the Foreign Assistance Act of 1961, including funds appropriated
    under the heading ``Assistance for Europe, Eurasia and Central Asia'',
    are eliminated.
        (d) Priority Sectors.--In exercising the authority of this section,
    primary emphasis shall be placed on enabling USAID to meet personnel
    positions in technical skill areas currently encumbered by contractor
    or other non-direct hire personnel.
        (e) Consultations.--The USAID Administrator shall consult with the
    Committees on Appropriations on a quarterly basis concerning the
    implementation of this section.
        (f) Program Account Charged.--The account charged for the cost of
    an individual hired and employed under the authority of this section
    shall be the account to which such individual's responsibilities
    primarily relate: Provided, That funds made available to carry out this
    section may be transferred to, and merged with, funds appropriated by
    this Act in title II under the heading ``Operating Expenses''.
        (g) Foreign Service Limited Extensions.--Individuals hired and
    employed by USAID, with funds made available in this Act or prior Acts
    making appropriations for the Department of State, foreign operations,
    and related programs, pursuant to the authority of section 309 of the
    Foreign Service Act of 1980, may be extended for a period of up to 4
    years notwithstanding the limitation set forth in such section.
        (h) Junior Officer Placement Authority.--Of the funds made
    available in subsection (a), USAID may use, in addition to funds
    otherwise available for such purposes, up to $15,000,000 to fund
    overseas support costs of members of the Foreign Service with a Foreign
    Service rank of four or below: Provided, That such authority is only
    used to reduce USAID's reliance on overseas personal services
    contractors or other non-direct hire employees compensated with funds
    appropriated to carry out part I of the Foreign Assistance Act of 1961,
    including funds appropriated under the heading ``Assistance for Europe,
    Eurasia and Central Asia''.
        (i) Disaster Surge Capacity.--Funds appropriated under title III of
    this Act to carry out part I of the Foreign Assistance Act of 1961,
    including funds appropriated under the heading ``Assistance for Europe,
    Eurasia and Central Asia'', may be used, in addition to funds otherwise
    available for such purposes, for the cost (including the support costs)
    of individuals detailed to or employed by USAID whose primary
    responsibility is to carry out programs in response to natural
    disasters.
        (j) Technical Advisors.--Up to $13,500,000 of the funds made
    available by this Act in title III for assistance under the heading
    ``Global Health and Child Survival'', may be used to reimburse United
    States Government agencies, agencies of State governments, institutions
    of higher learning, and private and voluntary organizations for the
    full cost of individuals (including for the personal services of such
    individuals) detailed or assigned to, or contracted by, as the case may
    be, USAID for the purpose of carrying out activities under that
    heading: Provided, That up to $3,500,000 of the funds made available by
    this Act for assistance under the heading ``Development Assistance''
    may be used to reimburse such agencies, institutions, and organizations
    for such costs of such individuals carrying out other development
    assistance activities.
        (k) Personal Services Contractors.--Funds appropriated by this Act
    to carry out chapter 1 of part I, chapter 4 of part II, and section 667
    of the Foreign Assistance Act of 1961, and title II of the Agricultural
    Trade Development and Assistance Act of 1954, may be used by USAID to
    employ up to 40 personal services contractors in the United States,
    notwithstanding any other provision of law, for the purpose of
    providing direct, interim support for new or expanded overseas programs
    and activities managed by the agency until permanent direct hire
    personnel are hired and trained: Provided, That not more than 10 of
    such contractors shall be assigned to any bureau or office: Provided
    further, That not more than 15 of such contractors shall be for
    activities related to USAID's Afghanistan program: Provided further,
    That such funds appropriated to carry out title II of the Agricultural
    Trade Development and Assistance Act of 1954, may be made available
    only for personal services contractors assigned to the Office of Food
    for Peace.
        (l) Hiring Authority.--Notwithstanding section 307 of the Foreign
    Service Act of 1980, the USAID Administrator may hire up to 30
    individuals under the Development Leadership Initiative: Provided, That
    the authority contained in this subsection shall expire on September
    30, 2011.
        (m) Recruitment Strategy.--Funds made available under the heading
    ``Operating Expenses'' in title II of this Act may be made available to
    implement the strategy described in section 7059(1) of Public Law 111-
    8, subject to the regular notification procedures of the Committees on
    Appropriations.
        (n) Locally Employed Staff.--Of the funds appropriated under title
    II of this Act, up to $1,000,000, in addition to funds otherwise made
    available for such purposes, may be made available for special
    compensation for overseas, locally employed staff.
        (o) Senior Foreign Service Limited Appointments.--Pursuant to the
    authority of section 309 of the Foreign Service Act of 1980, and
    notwithstanding the limitation set forth in section 305 of the Foreign
    Service Act of 1980, as amended, USAID may appoint into the Senior
    Foreign Service and employ up to 10 individuals to be assigned to or
    support programs in Iraq, Afghanistan, or Pakistan with funds made
    available in this Act and prior Acts making appropriations for the
    Department of State, foreign operations, and related programs.

                            global health activities

        Sec. 7060.  Funds appropriated by titles III and IV of this Act
    that are made available for bilateral assistance for child survival
    activities or disease programs including activities relating to
    research on, and the prevention, treatment and control of, HIV/AIDS may
    be made available notwithstanding any other provision of law except for
    the provisions under the heading ``Global Health and Child Survival''
    and the United States Leadership Against HIV/AIDS, Tuberculosis, and
    Malaria Act of 2003 (117 Stat. 711; 22 U.S.C. 7601 et seq.), as
    amended: Provided, That of the funds appropriated under title III of
    this Act, not less than $648,457,000 should be made available for
    family planning/reproductive health, including in areas where
    population growth threatens biodiversity or endangered species.

                           development grants program

        Sec. 7061.  Of the funds appropriated in title III of this Act, not
    less than $40,000,000 shall be made available for the Development
    Grants Program established pursuant to section 674 of the Department of
    State, Foreign Operations, and Related Programs Appropriations Act,
    2008 (division J of Public Law 110-161), to support grants of not more
    than $2,000,000 to small nongovernmental organizations: Provided, That
    funds made available under this section are in addition to other funds
    available for such purposes including funds designated by this Act by
    section 7065.

                              women in development

        Sec. 7062. (a) Programs funded under title III of this Act shall
    include, where appropriate, gender considerations in the planning,
    assessment, implementation, monitoring and evaluation of such programs.
        (b) Funds made available under title III of this Act shall be made
    available to support programs to enhance economic opportunities for
    poor women in developing countries, including increasing the number and
    capacity of women-owned enterprises, improving property rights for
    women, increasing access to financial services, and improving women's
    ability to participate in the global economy.
        (c) Funds made available under title III of this Act for food
    security and agricultural development shall take into consideration the
    unique needs of women, and technical assistance for women farmers
    should be a priority.

                             gender-based violence

        Sec. 7063. (a) Funds appropriated under the headings ``Development
    Assistance'', ``Economic Support Fund'', and ``International Narcotics
    Control and Law Enforcement'' in this Act shall be made available for
    programs to address sexual and gender-based violence.
        (b) Programs and activities funded under titles III and IV of this
    Act that provide training for foreign police, judicial, and military
    officials shall address, where appropriate, gender-based violence.

                                   education

        Sec. 7064. (a) Basic Education.--
            (1) Of the funds appropriated by title III of this Act, not
        less than $925,000,000 should be made available for assistance for
        basic education, of which not less than $365,000,000 shall be made
        available under the heading ``Development Assistance''.
            (2) There shall continue to be a Coordinator of United States
        Government Actions to Provide Basic Education Assistance in
        developing countries as established in section 664 of division J of
        Public Law 110-161.
            (3) The United States Agency for International Development
        shall ensure that programs supported with funds appropriated for
        basic education in this Act and prior Acts are integrated, when
        appropriate, with health, agriculture, governance, and economic
        development activities to address the economic and social needs of
        the broader community.
        (b) Higher Education.--Of the funds appropriated by title III of
    this Act, not less than $200,000,000 shall be made available for
    assistance for higher education, of which not less than $25,000,000
    shall be made available for such assistance for Africa including not
    less than $15,000,000 to support partnerships between African and
    United States institutions of higher education.

                            reconciliation programs

        Sec. 7065.  Of the funds appropriated by title III of this Act
    under the headings ``Economic Support Fund'' and ``Development
    Assistance'', $26,000,000 shall be made available to support people to
    people reconciliation programs which bring together individuals of
    different ethnic, religious and political backgrounds from areas of
    civil strife and war, of which $10,000,000 shall be made available for
    such programs in the Middle East: Provided, That the Administrator of
    the United States Agency for International Development shall consult
    with the Committees on Appropriations, prior to the initial obligation
    of funds, on the most effective uses of such funds.

                       comprehensive expenditures report

        Sec. 7066.  Not later than 180 days after the date of enactment of
    this Act, the Secretary of State shall submit a report to the
    Committees on Appropriations detailing the total amount of United
    States Government expenditures in fiscal years 2008 and 2009, by
    Federal agency, for assistance programs and activities in each foreign
    country, identifying the line item as presented in the President's
    Budget Appendix and the purpose for which the funds were provided:
    Provided, That if required, information may be submitted in classified
    form.

                             requests for documents

        Sec. 7067.  None of the funds appropriated or made available
    pursuant to titles III through VI of this Act shall be available to a
    nongovernmental organization, including any contractor, which fails to
    provide upon timely request any document, file, or record necessary to
    the auditing requirements of the United States Agency for International
    Development.

                         senior policy operating group

        Sec. 7068. (a) The Senior Policy Operating Group on Trafficking in
    Persons, established under section 105(f) of the Victims of Trafficking
    and Violence Protection Act of 2000 (22 U.S.C. 7103(f)) to coordinate
    agency activities regarding policies (including grants and grant
    policies) involving the international trafficking in persons, shall
    coordinate all such policies related to the activities of traffickers
    and victims of severe forms of trafficking.
        (b) None of the funds provided under title I of this or any other
    Act making appropriations for the Department of State, foreign
    operations, and related programs shall be expended to perform functions
    that duplicate coordinating responsibilities of the Operating Group.
        (c) The Operating Group shall continue to report only to the
    authorities that appointed them pursuant to section 105(f).

                         prohibition on use of torture

        Sec. 7069.  None of the funds made available in this Act shall be
    used in any way whatsoever to support or justify the use of torture,
    cruel or inhumane treatment by any official or contract employee of the
    United States Government.

                                     africa

        Sec. 7070. (a) Expanded International Military Education and
    Training.--
            (1) Funds appropriated under the heading ``International
        Military Education and Training'' in this Act that are made
        available for assistance for Angola, Cameroon, Central African
        Republic, Chad, Cote d'Ivoire, Guinea and Zimbabwe may be made
        available only for training related to international peacekeeping
        operations and expanded international military education and
        training: Provided, That the limitation included in this paragraph
        shall not apply to courses that support training in maritime
        security for Angola and Cameroon.
            (2) None of the funds appropriated under the heading
        ``International Military Education and Training'' in this Act may
        be made available for assistance for Equatorial Guinea or Somalia.
        (b) Counterterrorism Programs.--Funds appropriated by this Act
    under the headings ``Development Assistance'', ``Economic Support
    Fund'', ``International Narcotics Control and Law Enforcement'',
    ``Nonproliferation, Anti-terrorism, Demining, and Related Programs'',
    and ``Peacekeeping Operations'' shall be made available as follows:
            (1) Not less than $24,735,000 shall be made available for the
        East Africa Regional Strategic Initiative;
            (2) Not less than $3,600,000 shall be made available for Africa
        Conflict Stabilization and Border Security;
            (3) Not less than $81,315,000 shall be made available for
        Trans-Sahara Counterterrorism Partnership; and
            (4) Not less than $10,000,000 shall be made available for a
        Horn of Africa and Pan Sahel Program, in addition to funds
        otherwise made available for such purposes, to be administered by
        the United States Agency for International Development.
        (c) Ethiopia.--
            (1) None of the funds appropriated by this Act under the
        heading ``Foreign Military Financing Program'' that are available
        for assistance for Ethiopia may be made available unless the
        Secretary of State--
                (A) determines that the Government of Ethiopia is taking
            effective measures to guarantee the rights of its citizens to
            peaceful expression, association and assembly, and to document
            violations of internationally recognized human rights without
            harassment or criminal penalty, and provides such determination
            in writing to the Committees on Appropriations; and
                (B) submits a report to such Committees on the types and
            amounts of United States training and equipment provided to the
            Ethiopian military including steps being taken to ensure that
            such assistance is not provided to Ethiopian military units or
            personnel with records of violations of internationally
            recognized human rights.
            (2) The restriction in paragraph (1) shall not apply to
        assistance to support the deployment of members of the Ethiopian
        military in international peacekeeping operations.
        (d) Rwanda.--
            (1) None of the funds appropriated by this Act under the
        heading ``Foreign Military Financing Program'' may be made
        available for assistance for Rwanda if the Secretary of State has
        credible evidence that the Government of Rwanda is providing
        political, military or financial support to armed groups in the
        Democratic Republic of the Congo that have committed violations of
        internationally recognized human rights, including rape.
            (2) The restriction in paragraph (1) shall not apply to
        assistance to improve border controls to prevent the importation of
        minerals into Rwanda by such groups, or to support the deployment
        of members of the Rwandan military in international peacekeeping
        operations.
        (e) Natural Resource Transparency.--Funds appropriated by this Act
    that are available for assistance for Liberia, Sierra Leone, Nigeria,
    Cote d'Ivoire, and the countries participating in the Congo Basin
    Forest Partnership shall be made available to promote and support
    transparency and accountability in relation to the extraction of
    timber, oil and gas, cacao and other natural resources, including by
    strengthening implementation and monitoring of the Extractive
    Industries Transparency Initiative and the Kimberley Process
    Certification Scheme.
        (f) Sudan Limitation on Assistance.--
            (1) Subject to subsection (2):
                (A) Notwithstanding any other provision of law, none of the
            funds appropriated by this Act may be made available for
            assistance for the Government of Sudan.
                (B) None of the funds appropriated by this Act may be made
            available for the cost, as defined in section 502, of the
            Congressional Budget Act of 1974, of modifying loans and loan
            guarantees held by the Government of Sudan, including the cost
            of selling, reducing, or canceling amounts owed to the United
            States, and modifying concessional loans, guarantees, and
            credit agreements.
            (2) Subsection (f)(1) shall not apply if the Secretary of State
        determines and certifies to the Committees on Appropriations that:
                (A) The Government of Sudan honors its pledges to cease
            attacks upon civilians and disarms and demobilizes the
            Janjaweed and other government-supported militias;
                (B) The Government of Sudan and all government-supported
            militia groups are honoring their commitments made in all
            previous cease-fire agreements; and
                (C) The Government of Sudan is allowing unimpeded access to
            Darfur to humanitarian aid organizations, the human rights
            investigation and humanitarian teams of the United Nations,
            including protection officers, and an international monitoring
            team that is based in Darfur and has the support of the United
            States.
            (3) The provisions of subsection (f)(1) shall not apply to--
                (A) humanitarian assistance;
                (B) assistance for the Darfur region, Southern Sudan,
            Southern Kordofan/Nuba Mountains State, Blue Nile State, and
            Abyei; and
                (C) assistance to support implementation of the
            Comprehensive Peace Agreement and the Darfur Peace Agreement or
            any other internationally-recognized viable peace agreement in
            Sudan.
            (4) For the purposes of this Act, the term ``Government of
        Sudan'' shall not include the Government of Southern Sudan.
            (5) Notwithstanding any other provision of law, assistance in
        this Act may be made available to the Government of Southern Sudan
        to provide non-lethal military assistance, military education and
        training, and defense services controlled under the International
        Traffic in Arms Regulations (22 CFR 120.1 et seq.) if the Secretary
        of State--
                (A) determines that the provision of such items is in the
            national interest of the United States; and
                (B) not later than 15 days before the provision of any such
            assistance, notifies the Committees on Appropriations of such
            determination.
        (g) Southern Sudan.--The Secretary of State shall seek to obtain
    regular audits of the financial accounts of the Government of Southern
    Sudan to ensure transparency and accountability of funds, including
    revenues from the extraction of oil and gas, and the public disclosure
    of such audits in a timely manner: Provided, That in determining
    amounts and types of United States assistance to make available to the
    Government of Southern Sudan, the Secretary shall consider the extent
    to which such government is ensuring transparency and accountability of
    funds: Provided further, That the Secretary shall, as appropriate,
    assist the Government of Southern Sudan in conducting such audits, and
    shall submit a report not later than 90 days after enactment of this
    Act to the Committees on Appropriations detailing the steps that will
    be taken by the Government of Southern Sudan to improve resource
    management and ensure transparency and accountability of funds.
        (h) War Crimes in Africa.--
            (1) The Congress reaffirms its support for the efforts of the
        International Criminal Tribunal for Rwanda (ICTR) and the Special
        Court for Sierra Leone (SCSL) to bring to justice individuals
        responsible for war crimes and crimes against humanity in a timely
        manner.
            (2) Funds appropriated by this Act, including funds for debt
        restructuring, may be made available for assistance for the central
        government of a country in which individuals indicted by ICTR and
        SCSL are credibly alleged to be living, if the Secretary of State
        determines and reports to the Committees on Appropriations that
        such government is cooperating with ICTR and SCSL, including the
        surrender and transfer of indictees in a timely manner: Provided,
        That this subsection shall not apply to assistance provided under
        section 551 of the Foreign Assistance Act of 1961 or to project
        assistance under title VI of this Act: Provided further, That the
        United States shall use its voice and vote in the United Nations
        Security Council to fully support efforts by ICTR and SCSL to bring
        to justice individuals indicted by such tribunals in a timely
        manner.
            (3) The prohibition in subsection (2) may be waived on a
        country-by-country basis if the President determines that doing so
        is in the national security interest of the United States:
        Provided, That prior to exercising such waiver authority, the
        President shall submit a report to the Committees on
        Appropriations, in classified form if necessary, on--
                (A) the steps being taken to obtain the cooperation of the
            government in surrendering the indictee in question to the
            court of jurisdiction;
                (B) a strategy, including a timeline, for bringing the
            indictee before such court; and
                (C) the justification for exercising the waiver authority.
        (i) Zimbabwe.--
            (1) The Secretary of the Treasury shall instruct the United
        States executive director to each international financial
        institution to vote against any extension by the respective
        institution of any loans to the Government of Zimbabwe, except to
        meet basic human needs or to promote democracy, unless the
        Secretary of State determines and reports in writing to the
        Committees on Appropriations that the rule of law has been restored
        in Zimbabwe, including respect for ownership and title to property,
        freedom of speech and association.
            (2) None of the funds appropriated by this Act shall be made
        available for assistance for the central government of Zimbabwe,
        except for macroeconomic growth assistance, unless the Secretary of
        State makes the determination pursuant to paragraph (1).

                                      asia

        Sec. 7071. (a) Tibet.--
            (1) The Secretary of the Treasury should instruct the United
        States executive director to each international financial
        institution to use the voice and vote of the United States to
        support projects in Tibet if such projects do not provide
        incentives for the migration and settlement of non-Tibetans into
        Tibet or facilitate the transfer of ownership of Tibetan land and
        natural resources to non-Tibetans; are based on a thorough needs-
        assessment; foster self-sufficiency of the Tibetan people and
        respect Tibetan culture and traditions; and are subject to
        effective monitoring.
            (2) Notwithstanding any other provision of law, not less than
        $7,400,000 of the funds appropriated by this Act under the heading
        ``Economic Support Fund'' should be made available to
        nongovernmental organizations to support activities which preserve
        cultural traditions and promote sustainable development and
        environmental conservation in Tibetan communities in the Tibetan
        Autonomous Region and in other Tibetan communities in China.
        (b) Burma.--
            (1) The Secretary of the Treasury shall instruct the United
        States executive director to each appropriate international
        financial institution in which the United States participates, to
        oppose and vote against the extension by such institution of any
        loan or financial or technical assistance or any other utilization
        of funds of the respective bank to and for Burma.
            (2) Of the funds appropriated by this Act under the heading
        ``Economic Support Fund'', not less than $36,500,000 shall be made
        available for assistance for Burma: Provided, That such assistance
        shall be made available only to support democracy and humanitarian
        programs and activities in Burma, programs and activities along the
        Burma-Thailand border, programs and activities involving Burmese
        student groups and other organizations located outside Burma, and
        humanitarian assistance for displaced Burmese along Burma's
        borders: Provided further, That such funds may be made available
        notwithstanding any other provision of law: Provided further, That
        in addition to assistance for Burmese refugees provided under the
        heading ``Migration and Refugee Assistance'' in this Act, not less
        than $4,000,000 shall be made available for community-based
        organizations operating in Thailand to provide food, medical and
        other humanitarian assistance to internally displaced persons in
        eastern Burma.
            (3) Funds made available under paragraph (2) for any new
        program, project or activity shall be subject to prior consultation
        with the Committees on Appropriations and all such funds made
        available under paragraph (2) shall be subject to the regular
        notification procedures of such Committees: Provided, That when
        implementing activities with funds appropriated by this Act for
        assistance for Burma, the implementing agency shall only support
        activities that are consistent with the principles and goals of the
        National League for Democracy in Burma.
        (c) Cambodia.--Funds made available in this Act for a United States
    contribution to a Khmer Rouge tribunal may only be made available if
    the Secretary of State certifies to the Committees on Appropriations
    that the United Nations and the Government of Cambodia are taking
    credible steps to address allegations of corruption and mismanagement
    within the tribunal.
        (d) Indonesia.--
            (1) Of the funds appropriated by this Act under the heading
        ``Foreign Military Financing Program'', not to exceed $20,000,000
        shall be made available for assistance for Indonesia, of which
        $2,000,000 is withheld from obligation until the Secretary of State
        submits to the Committees on Appropriations the report on Indonesia
        detailed under such heading in the joint explanatory statement
        accompanying this Act.
            (2) Of the funds appropriated by this Act under the heading
        ``Economic Support Fund'' that are available for assistance for
        Indonesia, not less than $400,000 should be made available for
        grants for capacity building of Indonesian human rights
        organizations, including in Papua.
        (e) Nepal.--
            (1) Funds appropriated by this Act under the heading ``Foreign
        Military Financing Program'' may be made available for assistance
        for Nepal if the Secretary of State certifies to the Committees on
        Appropriations that the Nepal Army is--
                (A) cooperating fully with investigations and prosecutions
            by civilian judicial authorities of violations of
            internationally recognized human rights; and
                (B) working constructively to redefine the Nepal Army's
            mission and adjust its size accordingly, implement reforms
            including strengthening the capacity of the civilian ministry
            of defense to improve budget transparency and accountability,
            and facilitate the integration of former rebel combatants into
            the security forces including the Nepal Army, consistent with
            the goals of reconciliation, peace and stability.
            (2) The conditions in paragraph (1) shall not apply to
        assistance to support the deployment of members of the Nepal Army
        in humanitarian relief and reconstruction operations in Nepal.
        (f) North Korea.--
            (1) Funds appropriated under the heading ``Migration and
        Refugee Assistance'' in this Act shall be made available for
        assistance for refugees from North Korea.
            (2) Of the funds made available under the heading
        ``International Broadcasting Operations'' in title I of this Act,
        up to $8,000,000 should be made available for broadcasts into North
        Korea.
            (3) Of the funds appropriated by this Act under the heading
        ``Economic Support Fund'', $3,500,000 shall be made available for
        democracy, human rights, and governance programs for North Korea.
            (4) None of the funds made available by this Act under the
        heading ``Economic Support Fund'' may be made available for energy-
        related assistance for North Korea.
            (5) Funds made available by this Act under the heading
        ``Economic Support Fund'' for assistance for countries in the North
        Asia region may be made available for programs and activities
        pursuant to section 4 of Public Law 108-333, as amended, and
        subject to the regular notification procedures of the Committees on
        Appropriations: Provided, That for the purposes of this subsection,
        such programs and activities shall be considered democracy
        promotion.
            (6) Not later than 45 days after enactment of this Act, the
        Secretary of State shall report to the Committees on Appropriations
        the amount the Secretary determines the Government of North Korea
        owes the Government of the United States for the unsupervised
        distribution of food assistance provided by the United States:
        Provided, That the Secretary of State should reduce any assistance
        made available to the Government of North Korea by such amount,
        unless the Secretary reports to the Committees on Appropriations
        that the Government of North Korea provided such food assistance to
        eligible recipients as intended, or that North Korea has reimbursed
        the Government of the United States for the costs of such food
        assistance: Provided further, That the previous proviso shall not
        apply to programs and activities that promote human rights,
        democracy, rule of law, and to humanitarian assistance.
        (g) People's Republic of China.--
            (1) None of the funds appropriated under the heading
        ``Diplomatic and Consular Programs'' in this Act may be obligated
        or expended for processing licenses for the export of satellites of
        United States origin (including commercial satellites and satellite
        components) to the People's Republic of China unless, at least 15
        days in advance, the Committees on Appropriations are notified of
        such proposed action.
            (2) The terms and requirements of section 620(h) of the Foreign
        Assistance Act of 1961 shall apply to foreign assistance projects
        or activities of the People's Liberation Army (PLA) of the People's
        Republic of China, to include such projects or activities by any
        entity that is owned or controlled by, or an affiliate of, the PLA:
        Provided, That none of the funds appropriated or otherwise made
        available pursuant to this Act may be used to finance any grant,
        contract, or cooperative agreement with the PLA, or any entity that
        the Secretary of State has reason to believe is owned or controlled
        by, or an affiliate of, the PLA.
            (3) Notwithstanding any other provision of law and subject to
        the regular notification procedures of the Committees on
        Appropriations, of the funds appropriated by this Act under the
        heading ``Development Assistance'', not less than $12,000,000 shall
        be made available to United States educational institutions and
        nongovernmental organizations for programs and activities in the
        People's Republic of China relating to the environment, governance,
        and the rule of law.
        (h) Philippines.--Of the funds appropriated by this Act under the
    heading ``Foreign Military Financing Program'', not to exceed
    $32,000,000 may be made available for assistance for the Philippines,
    of which $3,000,000 may not be obligated until the Secretary of State
    submits to the Committees on Appropriations the report on the
    Philippines detailed under such heading in the joint explanatory
    statement accompanying this Act.
        (i) Timor-Leste.--Of the funds appropriated by this Act under the
    heading ``Economic Support Fund'', not less than $1,000,000, in
    addition to funds otherwise made available for such purposes, shall be
    made available for democracy programs and activities in Timor-Leste,
    and not less than $2,000,000 shall be made available for higher
    education scholarships.
        (j) Vietnam.--Funds appropriated by this Act that are made
    available for assistance for Vietnam for remediation of dioxin
    contaminated sites and related health activities may be made available
    for assistance for the Government of Vietnam, including the military,
    for such purposes.

                                     serbia

        Sec. 7072. (a) Funds appropriated by this Act may be made available
    for assistance for the central Government of Serbia after May 31, 2010,
    if the President has made the determination and certification contained
    in subsection (c).
        (b) After May 31, 2010, the Secretary of the Treasury should
    instruct the United States executive directors to the international
    financial institutions to support loans and assistance to the
    Government of Serbia subject to the conditions in subsection (c).
        (c) The determination and certification referred to in subsection
    (a) is a determination and a certification by the President to the
    Committees on Appropriations that the Government of Serbia is--
            (1) cooperating with the International Criminal Tribunal for
        the former Yugoslavia including access for investigators, the
        provision of documents, timely information on the location,
        movement, and sources of financial support of indictees, and the
        surrender and transfer of indictees or assistance in their
        apprehension, including Ratko Mladic;
            (2) taking steps that are consistent with the Dayton Accords to
        end Serbian financial, political, security and other support which
        has served to maintain separate Republika Srpska institutions; and
            (3) taking steps to implement policies which reflect a respect
        for minority rights and the rule of law.
        (d) This section shall not apply to humanitarian assistance or
    assistance to promote democracy.

                 independent states of the former soviet union

        Sec. 7073. (a) None of the funds appropriated under the heading
    ``Assistance for Europe, Eurasia and Central Asia'' shall be made
    available for assistance for a government of an Independent State of
    the former Soviet Union if that government directs any action in
    violation of the territorial integrity or national sovereignty of any
    other Independent State of the former Soviet Union, such as those
    violations included in the Helsinki Final Act: Provided, That such
    funds may be made available without regard to the restriction in this
    subsection if the President determines that to do so is in the national
    security interest of the United States.
        (b) Funds appropriated under the heading ``Assistance for Europe,
    Eurasia and Central Asia'' for the Russian Federation, Armenia,
    Kazakhstan, and Uzbekistan shall be subject to the regular notification
    procedures of the Committees on Appropriations.
        (c)(1) Of the funds appropriated under the heading ``Assistance for
    Europe, Eurasia and Central Asia'' that are allocated for assistance
    for the Government of the Russian Federation, 60 percent shall be
    withheld from obligation until the President determines and certifies
    in writing to the Committees on Appropriations that the Government of
    the Russian Federation--
            (A) has terminated implementation of arrangements to provide
        Iran with technical expertise, training, technology, or equipment
        necessary to develop a nuclear reactor, related nuclear research
        facilities or programs, or ballistic missile capability; and
            (B) is providing full access to international non-government
        organizations providing humanitarian relief to refugees and
        internally displaced persons in Chechnya.
        (2) Paragraph (1) shall not apply to--
            (A) assistance to combat infectious diseases, child survival
        activities, or assistance for victims of trafficking in persons;
        and
            (B) activities authorized under title V (Nonproliferation and
        Disarmament Programs and Activities) of the FREEDOM Support Act.
        (d) Section 907 of the FREEDOM Support Act shall not apply to--
            (1) activities to support democracy or assistance under title V
        of the FREEDOM Support Act and section 1424 of Public Law 104-201
        or non-proliferation assistance;
            (2) any assistance provided by the Trade and Development Agency
        under section 661 of the Foreign Assistance Act of 1961 (22 U.S.C.
        2421);
            (3) any activity carried out by a member of the United States
        and Foreign Commercial Service while acting within his or her
        official capacity;
            (4) any insurance, reinsurance, guarantee or other assistance
        provided by the Overseas Private Investment Corporation under title
        IV of chapter 2 of part I of the Foreign Assistance Act of 1961 (22
        U.S.C. 2191 et seq.);
            (5) any financing provided under the Export-Import Bank Act of
        1945; or
            (6) humanitarian assistance.

                      repression in the russian federation

        Sec. 7074. (a) None of the funds appropriated under the heading
    ``Assistance for Europe, Eurasia and Central Asia'' in this Act may be
    made available for the Government of the Russian Federation, after 180
    days from the date of the enactment of this Act, unless the Secretary
    of State certifies to the Committees on Appropriations that the
    Government of the Russian Federation:
            (1) has implemented no statute, Executive order, regulation or
        similar government action that would discriminate, or which has as
        its principal effect discrimination, against religious groups or
        religious communities in the Russian Federation in violation of
        accepted international agreements on human rights and religious
        freedoms to which the Russian Federation is a party;
            (2) is honoring its international obligations regarding freedom
        of expression, assembly, and press, as well as due process;
            (3) is investigating and prosecuting law enforcement personnel
        credibly alleged to have committed human rights abuses against
        political leaders, activists and journalists; and
            (4) is immediately releasing political leaders, activists and
        journalists who remain in detention.
        (b) The Secretary of State may waive the requirements of subsection
    (a) if the Secretary determines that to do so is important to the
    national interests of the United States.

                                  central asia

        Sec. 7075.  The terms and conditions of sections 7075(a) and (b)
    and 7076(a) through (e) of the Department of State, Foreign Operations,
    and Related Programs Appropriations Act, 2009 (division H of Public Law
    111-8) shall apply to funds appropriated by this Act: Provided, That
    for purposes of the application of section 7076(e) to this Act, the
    term ``assistance'' shall not include expanded international military
    education and training.

                                  afghanistan

        Sec. 7076. (a) In General.--Funds appropriated by this Act that are
    available for assistance for Afghanistan shall be made available, to
    the maximum extent practicable, in a manner that utilizes Afghan
    entities and emphasizes the participation and leadership of Afghan
    women and directly improves the security, economic and social well-
    being, and political status of Afghan women and girls.
        (b) Assistance for Women and Girls.--
            (1) The terms and conditions of section 1102(b)(1) of Public
        Law 111-32 shall apply to assistance for Afghanistan in fiscal year
        2010.
            (2) Of the funds appropriated by this Act under the headings
        ``Economic Support Fund'' and ``International Narcotics Control and
        Law Enforcement'', not less than $175,000,000 shall be made
        available to support programs that directly address the needs and
        protect the rights of Afghan women and girls, including for the
        Afghan Independent Human Rights Commission, the Afghan Ministry of
        Women's Affairs, and for women-led nongovernmental organizations.
        (c) Procurement of Afghan Products and Services.--The terms and
    conditions of section 1102(c) of Public Law 111-32 shall apply to
    assistance for Afghanistan in fiscal year 2010.
        (d) Anticorruption.--
            (1) The terms and conditions of section 1102(d) of Public Law
        111-32 shall apply to assistance for Afghanistan in fiscal year
        2010.
            (2) Of the funds appropriated by this Act under the heading
        ``Economic Support Fund'' that are available for assistance for the
        Government of Afghanistan, $200,000,000 may not be obligated for
        such assistance unless the Secretary of State certifies to the
        Committees on Appropriations that the Government of Afghanistan is
        cooperating fully with United States efforts against the Taliban
        and Al Qaeda and to reduce poppy cultivation and illicit drug
        trafficking: Provided, That the Secretary of State may waive the
        previous sentence if the Secretary reports to the Committees on
        Appropriations that to do so is vital to the national security
        interests of the United States.
        (e) Reconstruction and Development Assistance.--
            (1) Of the funds appropriated by this Act under the heading
        ``Economic Support Fund'' that are available for assistance for
        Afghanistan, not less than $175,000,000 shall be made available for
        the National Solidarity Program.
            (2) The Secretary of State, in consultation with the
        Administrator of the United States Agency for International
        Development and the Secretary of Defense, should enhance United
        States reconstruction efforts in Afghanistan by--
                (A) emphasizing capacity building and support of Afghan
            entities and institutions at the provincial and sub-provincial
            levels; and
                (B) requiring civilian Provincial Reconstruction Team (PRT)
            leaders to consult regularly with appropriate local Afghan
            leaders in their respective provinces and ensuring that PRT
            reconstruction and development activities support local needs
            in a sustainable manner and strengthen the authority and
            control of the Government of Afghanistan at the provincial and
            sub-provincial levels.
        (f) Rule of Law Programs.--The Coordinator for Rule of Law at the
    United States Embassy in Kabul, Afghanistan shall be consulted on the
    use of all funds appropriated by this Act for rule of law programs and
    activities in Afghanistan.
        (g) Base Rights.--None of the funds made available by this Act may
    be used by the United States Government to enter into a permanent
    basing rights agreement between the United States and Afghanistan.

                                enterprise funds

        Sec. 7077. (a) Prior to the distribution of any assets resulting
    from any liquidation, dissolution, or winding up of an Enterprise Fund,
    in whole or in part, the President shall submit to the Committees on
    Appropriations, in accordance with the regular notification procedures
    of the Committees on Appropriations, a plan for the distribution of the
    assets of the Enterprise Fund.
        (b) Funds made available under titles III through VI of this Act
    for Enterprise Funds shall be expended at the minimum rate necessary to
    make timely payment for projects and activities and shall be subject to
    the regular notification procedures of the Committees on
    Appropriations.

                         united nations population fund

        Sec. 7078. (a) Contribution.--Of the funds made available under the
    heading ``International Organizations and Programs'' in this Act for
    fiscal year 2010, $55,000,000 shall be made available for the United
    Nations Population Fund (UNFPA).
        (b) Availability of Funds.--Funds appropriated by this Act for
    UNFPA, that are not made available for UNFPA because of the operation
    of any provision of law, shall be transferred to the ``Global Health
    and Child Survival'' account and shall be made available for family
    planning, maternal, and reproductive health activities, subject to the
    regular notification procedures of the Committees on Appropriations.
        (c) Prohibition on Use of Funds in China.--None of the funds made
    available by this Act may be used by UNFPA for a country program in the
    People's Republic of China.
        (d) Conditions on Availability of Funds.--Funds made available by
    this Act for UNFPA may not be made available unless--
            (1) UNFPA maintains funds made available by this Act in an
        account separate from other accounts of UNFPA and does not
        commingle such funds with other sums; and
            (2) UNFPA does not fund abortions.
        (e) Report to Congress and Dollar-for-Dollar Withholding of
    Funds.--
            (1) Not later than 4 months after the date of enactment of this
        Act, the Secretary of State shall submit a report to the Committees
        on Appropriations indicating the amount of funds that the UNFPA is
        budgeting for the year in which the report is submitted for a
        country program in the People's Republic of China.
            (2) If a report under paragraph (1) indicates that the UNFPA
        plans to spend funds for a country program in the People's Republic
        of China in the year covered by the report, then the amount of such
        funds the UNFPA plans to spend in the People's Republic of China
        shall be deducted from the funds made available to the UNFPA after
        March 1 for obligation for the remainder of the fiscal year in
        which the report is submitted.

                                      opic

                         (including transfer of funds)

        Sec. 7079. (a) Whenever the President determines that it is in
    furtherance of the purposes of the Foreign Assistance Act of 1961, up
    to a total of $20,000,000 of the funds appropriated under title III of
    this Act may be transferred to, and merged with, funds appropriated by
    this Act for the Overseas Private Investment Corporation Program
    Account, to be subject to the terms and conditions of that account:
    Provided, That such funds shall not be available for administrative
    expenses of the Overseas Private Investment Corporation: Provided
    further, That designated funding levels in this Act shall not be
    transferred pursuant to this section: Provided further, That the
    exercise of such authority shall be subject to the regular notification
    procedures of the Committees on Appropriations.
        (b) The President of the Overseas Private Investment Corporation is
    hereby authorized and directed to issue, not later than 9 months after
    the date of enactment of this Act, a comprehensive set of
    environmental, transparency and internationally recognized worker
    rights and human rights guidelines with requirements binding on the
    Corporation and its investors that shall be consistently applied to all
    projects, funds and sub-projects supported by the Corporation:
    Provided, That these regulations shall be no less rigorous than the
    environmental and social guidelines that the Corporation has made
    publicly available as of June 3, 2009, and the environmental and social
    policies of the World Bank Group, and hereafter may be issued and
    further revised only following public notice and opportunity for
    comment: Provided further, That the Overseas Private Investment
    Corporation shall issue a report, not later than 180 days after
    enactment of this Act, highlighting its substantial commitment to
    invest in renewable and other clean energy technologies and plans to
    significantly reduce greenhouse gas emissions from its portfolio:
    Provided further, That such commitment shall include implementing a
    revised climate change mitigation plan to reduce greenhouse gas
    emissions associated with projects and sub-projects in the agency's
    portfolio as of June 30, 2008 by at least 30 percent over a 10-year
    period and by at least 50 percent over a 15-year period.
        (c) Notwithstanding section 235(a)(2) of the Foreign Assistance Act
    of 1961 (22 U.S.C. 2195(a)(2)), the authority of subsections (a)
    through (c) of section 234 of such Act shall remain in effect through
    September 30, 2010.

                                  extradition

        Sec. 7080. (a) None of the funds appropriated in this Act may be
    used to provide assistance (other than funds provided under the
    headings ``International Narcotics Control and Law Enforcement'',
    ``Migration and Refugee Assistance'', ``Emergency Migration and Refugee
    Assistance'', and ``Nonproliferation, Anti-terrorism, Demining and
    Related Assistance'') for the central government of a country which has
    notified the Department of State of its refusal to extradite to the
    United States any individual indicted for a criminal offense for which
    the maximum penalty is life imprisonment without the possibility of
    parole or for killing a law enforcement officer, as specified in a
    United States extradition request.
        (b) Subsection (a) shall only apply to the central government of a
    country with which the United States maintains diplomatic relations and
    with which the United States has an extradition treaty and the
    government of that country is in violation of the terms and conditions
    of the treaty.
        (c) The Secretary of State may waive the restriction in subsection
    (a) on a case-by-case basis if the Secretary certifies to the
    Committees on Appropriations that such waiver is important to the
    national interests of the United States.

                    climate change and environment programs

        Sec. 7081. (a) In General.--Of the funds appropriated by this Act,
    up to $1,257,200,000 may be made available for programs and activities
    to--
            (1) reduce, mitigate, and sequester greenhouse gases that
        contribute to global climate change;
            (2) support climate change adaptation;
            (3) protect forests and other critical landscapes; and
            (4) protect biodiversity.
        (b) Clean Energy Programs.--Funds appropriated by this Act under
    the headings ``Development Assistance'', ``Economic Support Fund'', and
    ``Assistance for Europe, Eurasia and Central Asia'' for clean energy
    programs and activities, may be made available only to promote the
    sustainable use of renewable energy technologies and end-use energy
    efficiency technologies, carbon sequestration, and carbon accounting:
    Provided, That of the funds made available for the United States Agency
    for International Development (USAID) for clean energy programs, not
    less than $10,000,000 shall be made available for microfinance
    renewable energy programs, including solar energy programs.
        (c) Adaptation Programs.--Funds appropriated by this Act shall be
    made available for United States contributions to the Least Developed
    Countries Fund and the Special Climate Change Fund to support
    adaptation programs and activities, if the Global Environment Facility
    makes publicly available on its website the criteria used to determine
    which programs and activities receive funds, the manner in which such
    programs and activities meet such criteria, the extent of local
    involvement in such programs and activities, the amount of funds
    provided, and the results achieved.
        (d) Biodiversity.--Of the funds appropriated by title III of this
    Act, not less than $205,000,000 shall be made available for programs
    and activities which directly protect biodiversity, including tropical
    forests and wildlife, in developing countries, of which not less than
    $25,000,000 shall be made available for USAID's conservation programs
    in the Amazon Basin: Provided, That of the funds made available under
    this paragraph, not less than $20,500,000 shall be made available for
    the Congo Basin Forest Partnership only for programs which directly
    promote the conservation and sustainable management of natural
    resources in landscapes in the Congo Basin area, with a priority on
    protected area and landscape resource management to enable local
    communities to conserve the natural resource base, including programs
    to substantially reduce the impacts of industrial-scale resource
    extraction on local communities and the natural resource base: Provided
    further, That none of the funds appropriated by this Act may be made
    available, directly or indirectly, to support industrial-scale logging
    or other industrial-scale resource extraction or sector reform that
    would promote these activities: Provided further, That funds
    appropriated by this Act to carry out the provisions of sections 103
    through 106, and chapter 4 of part II, of the Foreign Assistance Act of
    1961 may be used, notwithstanding any other provision of law and
    subject to the regular notification procedures of the Committees on
    Appropriations, for the purpose of supporting tropical forestry and
    biodiversity conservation activities, clean energy and climate change
    programs aimed at reducing greenhouse gas emissions, and programs to
    mitigate mercury pollution: Provided further, That funds appropriated
    under the heading ``Development Assistance'' may be made available as a
    contribution to the Galapagos Invasive Species Fund.
        (e) Consultation.--Funds made available pursuant to this section
    are subject to prior consultation with, and the regular notification
    procedures of, the Committees on Appropriations: Provided, That prior
    to the obligation of funds for a contribution to the Forest Carbon
    Partnership Facility, the Secretary of State and the Secretary of the
    Treasury, as appropriate, shall determine and report to the Committees
    on Appropriations that there have been thorough consultations by the
    World Bank with interested civil society and indigenous organizations.
        (f) Extraction of Natural Resources.--
            (1) The Secretary of the Treasury shall inform the managements
        of the international financial institutions and the public that it
        is the policy of the United States to oppose any assistance by such
        institutions (including but not limited to any loan, credit, grant,
        or guarantee) for the extraction and export of oil, gas, coal,
        timber, or other natural resource unless the government of the
        country has in place functioning systems for:
                (A) accurately accounting for payments for companies
            involved in the extraction and export of natural resources;
                (B) the independent auditing of accounts receiving such
            payments and the widespread public dissemination of the
            findings of such audits; and
                (C) verifying government receipts against company payments
            including widespread dissemination of such payment information,
            and disclosing such documents as Host Government Agreements,
            Concession Agreements, and bidding documents, allowing in any
            such dissemination or disclosure for the redaction of, or
            exceptions for, information that is commercially proprietary or
            that would create competitive disadvantage.
            (2) Not later than 180 days after the enactment of this Act,
        the Secretary of the Treasury shall submit a report to the
        Committees on Appropriations describing, for each international
        financial institution, the amount and type of assistance provided,
        by country, for the extraction and export of oil, gas, coal,
        timber, or other natural resources in the preceding 12 months, and
        whether each institution considered, in its proposal for such
        assistance, the extent to which the country has functioning systems
        described in paragraph (1).
        (g) Authorization for the Clean Technology Fund.--
            (1) Limitations on authorization of appropriations.--For fiscal
        year 2010, up to $300,000,000 is authorized to be appropriated for
        a United States contribution to the Clean Technology Fund (the
        Fund).
            (2) Limits on country access.--The Secretary of the Treasury
        shall use the voice and vote of the United States to ensure that--
                (A) The Fund does not provide more than 15 percent of Fund
            resources to any one country;
                (B) Prior to the obligation of funds, recipient countries
            submit to the governing body of the Fund, and the governing
            body of the Fund appropriately reviews and considers, an
            investment plan that will achieve significant net reductions in
            national-level greenhouse gas emissions;
                (C) The investment plan for a recipient country, whose
            borrowing status is classified by the World Bank as
            ``International Development Association (IDA) blend'', shall
            have at least 15 percent of its total cost for public sector
            activities contributed from the public funds of the recipient
            country, and any recipient country whose borrowing status is
            classified by the World Bank as ``International Bank for
            Reconstruction and Development (IBRD) Only'' status, shall have
            at least 25 percent of its total cost for public sector
            activities contributed from public funds of the recipient
            country; and
                (D) Assistance made available by the Fund is used
            exclusively to support the deployment of clean energy
            technologies in developing countries (including, where
            appropriate, through the provision of technical support or
            support for policy or institutional reforms) in a manner that
            achieves substantial net reductions in greenhouse gas
            emissions.
            (3) Reporting requirement.--Not later than 180 days after the
        date of enactment of this Act and annually thereafter, the
        Secretary of the Treasury shall submit to the Committees on
        Appropriations in the House and Senate, the Senate Foreign
        Relations Committee and the House Financial Services Committee, a
        report describing--
                (A) the operations and governance of the Fund, and the
            purpose and progress of each project supported by the Fund,
            including the extent to which assistance made available by the
            Fund has reduced or will reduce greenhouse gas emissions in
            recipient countries; and
                (B) how each project furthers the Fund's investment plan of
            the country or countries in which the project is implemented.
            (4) Definitions.--For purposes of this subsection--
                (A) Net reductions.--The term ``net reductions'' refers to
            the extent to which a project or program supported under this
            subsection results in lower greenhouse gas emissions than would
            be emitted by the same entity or sector in the same country in
            the absence of the Fund's project, taking into account, unless
            impracticable, effects beyond the physical boundaries of the
            project or program that result from project or program
            activities.
                (B) Public sector activities.--The term ``public sector
            activities'' may include sovereign loans assumed by the
            recipient country to contribute to the financing of the
            investment plan.
                (C) Clean energy technology.--The term ``clean energy
            technology'' means a technology that, as compared with
            technologies being deployed at that time for widespread
            commercial use in the country involved--
                    (i) achieves substantial reductions in greenhouse gas
                emissions;
                    (ii) does not result in significant incremental adverse
                effects on public health or the environment; and
                    (iii) does one or more of the following:

                        (I) generates electricity or useful thermal energy
                    from a renewable resource;
                        (II) substantially increases the energy efficiency
                    of buildings, industrial, or agricultural processes, or
                    of electricity transmission, distribution, or end-use
                    consumption; or
                        (III) substantially increases the energy efficiency
                    of the transportation system or increases utilization
                    of transportation fuels that have lifecycle greenhouse
                    gas emissions that are substantially lower than those
                    attributable to fossil fuel-based alternatives.

                      prohibition on promotion of tobacco

        Sec. 7082.  None of the funds provided by this Act shall be
    available to promote the sale or export of tobacco or tobacco products,
    or to seek the reduction or removal by any foreign country of
    restrictions on the marketing of tobacco or tobacco products, except
    for restrictions which are not applied equally to all tobacco or
    tobacco products of the same type.

                     commercial leasing of defense articles

        Sec. 7083.  Notwithstanding any other provision of law, and subject
    to the regular notification procedures of the Committees on
    Appropriations, the authority of section 23(a) of the Arms Export
    Control Act may be used to provide financing to Israel, Egypt and NATO
    and major non-NATO allies for the procurement by leasing (including
    leasing with an option to purchase) of defense articles from United
    States commercial suppliers, not including Major Defense Equipment
    (other than helicopters and other types of aircraft having possible
    civilian application), if the President determines that there are
    compelling foreign policy or national security reasons for those
    defense articles being provided by commercial lease rather than by
    government-to-government sale under such Act.

                                anti-kleptocracy

        Sec. 7084. (a) In furtherance of the National Strategy to
    Internationalize Efforts Against Kleptocracy and Presidential
    Proclamation 7750, the Secretary of State shall compile and maintain a
    list of officials of foreign governments and their immediate family
    members who the Secretary has credible evidence have been involved in
    corruption relating to the extraction of natural resources in their
    countries.
        (b) Any individual on the list compiled under subsection (a) shall
    be ineligible for admission to the United States.
        (c) The Secretary may waive the application of subsection (b) if
    the Secretary determines that admission to the United States is
    necessary to attend the United Nations or to further United States law
    enforcement objectives, or that the circumstances which caused the
    individual to be included on the list have changed sufficiently to
    justify the removal of the individual from the list.
        (d) Not later than 90 days after enactment of this Act and 180 days
    thereafter, the Secretary of State shall report in writing, in
    classified form if necessary, to the Committees on Appropriations
    describing the evidence of corruption concerning each of the
    individuals listed pursuant to subsection (a).

                        international prison conditions

        Sec. 7085. (a) Not later than 180 days after enactment of this Act,
    the Secretary of State shall submit to the Committees on Appropriations
    a report, which shall also be made publicly available including on the
    Department of State's website, describing the conditions in prisons and
    other detention facilities in countries receiving United States
    assistance where the Assistant Secretary of State for Democracy, Human
    Rights and Labor has determined, based on the Department of State's
    most recent Human Rights Report and any other relevant information,
    arbitrary detention and/or cruel, inhumane or degrading treatment of
    prisoners or detainees, or inhumane prison conditions, is common, and
    identifying those countries, if any, whose governments the Assistant
    Secretary determines are making significant efforts to eliminate
    inhumane conditions and those countries whose governments the Assistant
    Secretary determines are not making such efforts.
        (b) For purposes of each determination made pursuant to subsection
    (a), the Assistant Secretary shall consider whether:
            (1) the number of prisoners or detainees does not so exceed
        prison capacity such that per capita floor space is sufficient to
        allow for humane sleeping conditions and reasonable physical
        movement;
            (2) human waste facilities are available and are located
        separately from the prison population at large, and human waste is
        disposed of regularly and in a sanitary manner;
            (3) the lighting, ventilation, temperature and physical
        construction of prisons and other detention facilities do not
        seriously endanger health and safety;
            (4) prisoners and detainees have access to adequate food and
        potable drinking water;
            (5) prisoners and detainees have access to basic and emergency
        medical care;
            (6) to the maximum extent practicable, prisoners and detainees
        are allowed reasonable contact with visitors and permitted
        religious observance;
            (7) the government permits prisoners and detainees to submit
        complaints to judicial authorities without censorship, investigates
        credible allegations of inhumane conditions, and documents the
        results of such investigations in a manner that is publicly
        accessible;
            (8) the government is investigating and monitoring the
        conditions of prisons and other detention facilities under its
        authority, including cooperation with international experts on
        eliminating inhumane conditions, and such information is available
        to the Secretary of State;
            (9) the government is appointing ombudsmen to serve on behalf
        of prisoners and detainees, considering alternatives to
        incarceration for nonviolent offenders to alleviate inhumane
        overcrowding, making efforts to address the status and
        circumstances of confinement of juvenile offenders, making efforts
        to improve pre-trial detention, bail and recordkeeping procedures
        to reduce pre-trial detention periods and to ensure that prisoners
        do not serve beyond the maximum sentence for the charged offense;
        and
            (10) the government is increasing the amount of government
        resources to eliminate inhumane conditions.
        (c) Funds appropriated by this Act to carry out the provisions of
    chapters 1 and 11 of part I and chapter 4 of part II of the Foreign
    Assistance Act of 1961, and the Support for East European Democracy
    (SEED) Act of 1989, shall be made available, notwithstanding section
    660 of the Foreign Assistance Act of 1961, for assistance to help
    eliminate inhumane conditions in prisons and other detention facilities
    administered by foreign governments that the Assistant Secretary of
    State determines are making significant efforts to eliminate such
    conditions.
        (d) The Secretary of State shall designate a Deputy Assistant
    Secretary of State in the Bureau of Democracy, Human Rights and Labor
    to have primary responsibility for diplomatic efforts related to
    international prison conditions.

                        transparency and accountability

        Sec. 7086. (a) United Nations.--Funds appropriated by this Act
    shall be available to continue to support efforts to promote
    transparency and accountability at the United Nations, including access
    to audits and program information, as appropriate: Provided,  That the
    Secretary of State, following consultation with the Committees on
    Appropriations, may withhold from obligation funds appropriated under
    the heading ``International Organizations and Programs'' for a United
    States contribution to a United Nations organization or agency if the
    Secretary determines that such organization or agency is not adequately
    implementing reforms to increase transparency and accountability.
        (b) International Monetary Fund.--
            (1) The Secretary of the Treasury shall instruct the United
        States Executive Director of the International Monetary Fund (the
        Fund) to promote standard public disclosure of documents of the
        Fund presented to the Executive Board of the Fund and summaries of
        the minutes of meetings of the Board, as recommended by the
        Independent Evaluation Office of the Fund, not later than 2 years
        after the date of the meeting at which the document was presented
        or the minutes were taken (as the case may be), unless the
        Executive Board--
                (A) determines that it is appropriate to delay disclosure;
            and
                (B) posts the reason for the delay on the website of the
            Fund.
            (2) Transparency and accountability of loans, agreements, and
        other programs of the international monetary fund.--The Secretary
        of the Treasury shall instruct the United States Executive Director
        of the International Monetary Fund to promote--
                (A) transparency and accountability in the policymaking and
            budgetary procedures of governments of members of the Fund;
                (B) the participation of citizens and nongovernmental
            organizations in the economic policy choices of those
            governments; and
                (C) the adoption by those governments of loans, agreements,
            or other programs of the Fund through a parliamentary process
            or another participatory and transparent process, as
            appropriate.
            (3) Efforts to reduce the worst forms of child labor.--
                (A) The Secretary of the Treasury shall instruct the United
            States Executive Director of the International Monetary Fund to
            promote policies and practices to reduce the worst forms of
            child labor (as defined in section 507(6) of the Trade Act of
            1974 (19 U.S.C. 2467(6))) through education and other means,
            such as promoting the need for members of the Fund to develop
            and implement national action plans to combat the worst forms
            of child labor.
                (B) Not later than one year after the date of the enactment
            of this Act, the Secretary of the Treasury shall submit to the
            Committees on Appropriations and Foreign Relations of the
            Senate and the Committees on Appropriations and Financial
            Services of the House of Representatives a report describing
            efforts of the Fund to reduce the worst forms of child labor.
        (c) National Budget Transparency.--
            (1) None of the funds appropriated under titles III and IV of
        this Act may be made available for assistance for the central
        government of any country that fails to publicly disclose on an
        annual basis its national budget, to include income and
        expenditures.
            (2) The Secretary of State may waive the requirements of
        paragraph (1) on a country-by-country basis if the Secretary
        reports to the Committees on Appropriations that to do so is
        important to the national interest of the United States.
            (3) Of the funds appropriated by this Act under the heading
        ``Economic Support Fund'', up to $1,500,000 may be made available
        for programs and activities to assist the central government of any
        country named in the reports required by paragraph (2) to improve
        national budget transparency: Provided, That such sums shall be in
        addition to funds otherwise made available for such purposes.
        (d) Asian Development Bank.--Ten percent of the funds appropriated
    by this Act under the heading ``Contribution to the Asian Development
    Fund'' shall be withheld from obligation until the Secretary of the
    Treasury reports to the Committees on Appropriations that the Asian
    Developement Bank (the Bank) is taking steps to--
            (1) implement an independent review, to include external
        specialists, of the operations and internal controls of the Office
        of Information Systems and Technology and any other offices
        considered vulnerable to fraud and corruption;
            (2) strengthen internal controls to improve accountability by
        management and prevent cases of fraud and corruption; and
            (3) ensure that restitution, including criminal prosecution if
        appropriate, is sought if the Bank experiences losses from fraud
        and corruption.

                              disability programs

        Sec. 7087. (a) Of the funds appropriated by this Act under the
    heading ``Economic Support Fund'', not less than $5,000,000 shall be
    made available for programs and activities administered by the United
    States Agency for International Development (USAID) to address the
    needs and protect and promote the rights of people with disabilities in
    developing countries, and for programs to disseminate information
    (including best practices and strategies) on independent living,
    advocacy, education, and transportation to people with disabilities and
    disability advocacy organizations in developing countries, including
    for the cost of translation.
        (b) Funds appropriated under the heading ``Operating Expenses'' in
    title II of this Act shall be made available to develop and implement
    training for staff in overseas USAID missions to promote the full
    inclusion and equal participation of people with disabilities in
    developing countries.
        (c) The Secretary of State, the Secretary of the Treasury, and the
    USAID Administrator shall seek to ensure that, where appropriate,
    construction projects funded by this Act are accessible to people with
    disabilities and in compliance with the USAID Policy on Standards for
    Accessibility for the Disabled, or other similar accessibility
    standards.
        (d) Of the funds made available pursuant to subsection (a), not
    more than 7 percent may be for management, oversight, and technical
    support.

                   orphans, displaced, and abandoned children

        Sec. 7088.  Of the funds appropriated under title III of this Act,
    $3,000,000 should be made available for activities to improve the
    capacity of foreign government agencies and nongovernmental
    organizations to prevent child abandonment, address the needs of
    orphans, displaced and abandoned children and provide permanent homes
    through family reunification, guardianship and adoptions, consistent
    with the Hague Convention on the Protection of Children and Co-
    operation in Respect of Inter-Country Adoption.

                                   sri lanka

        Sec. 7089. (a) In General.--Funds appropriated in title III of this
    Act that are available for assistance for Sri Lanka shall be made
    available for programs that promote reconciliation between ethnic
    Sinhalese and Tamil populations, support post-conflict reconstruction,
    and advance the participation of Tamils and other minorities in the
    political and economic life of the country, and shall be subject to the
    regular notification procedures of the Committees on Appropriations.
        (b) Restriction on Military Assistance.--None of the funds
    appropriated by this Act under the heading ``Foreign Military Financing
    Program'' may be made available for assistance for Sri Lanka, no
    defense export license may be issued, and no military equipment or
    technology shall be sold or transferred to Sri Lanka pursuant to the
    authorities contained in this Act or any other Act, until the Secretary
    of State certifies to the Committees on Appropriations that the
    Government of Sri Lanka--
            (1) is suspending and bringing to justice members of the
        military who have been credibly alleged to have violated
        internationally recognized human rights or international
        humanitarian law; and
            (2) is respecting internationally recognized human rights,
        including the right of due process and freedoms of the press,
        association and assembly;
            (3) is treating internally displaced persons in accordance with
        international standards, including by guaranteeing their freedom of
        movement, providing access to conflict-affected areas and
        populations by humanitarian organizations and journalists, and
        accounting for persons detained in the conflict; and
            (4) is implementing policies to promote reconciliation and
        justice including devolution of power as provided for in the
        Constitution of Sri Lanka.
        (c) Exception.--Subsection (b) shall not apply to assistance for
    humanitarian demining.
        (d) Use of Funds.--If the Secretary makes the certification
    required in subsection (b), funds appropriated under the heading
    ``Foreign Military Financing Program'' that are made available for
    assistance for Sri Lanka should be used to support the recruitment and
    training of Tamils into the Sri Lankan military, Tamil language
    training for Sinhalese military personnel, and human rights training
    for all military personnel.
        (e) Restriction on Multilateral Assistance.--The Secretary of the
    Treasury shall instruct the United States Executive Directors of the
    international financial institutions (as defined in section 1701(c)(2)
    of the International Financial Institutions Act (22 U.S.C. 262r(c)(2)))
    to vote against any loan, agreement, or other financial support for Sri
    Lanka except to meet basic human needs, unless the Secretary of State
    certifies to the Committees on Appropriations that the Government of
    Sri Lanka is meeting the requirements in subsection (b)(3).

                     international monetary fund provisions

        Sec. 7090. (a) Opposition to Hard Currency for SDRs Received by
    Terrorist Countries.--The Secretary of the Treasury shall instruct the
    United States Executive Director at the International Monetary Fund
    (the Fund) to use the voice and vote of the United States to oppose the
    provision by the Fund of United States dollars, euros, or Japanese yen
    to any country the government of which the Secretary of State has
    determined, for purposes of section 6(j) of the Export Administration
    Act of 1979, section 620A of the Foreign Assistance Act of 1961, or
    section 40 of the Arms Export Control Act, to be a government that has
    repeatedly provided support for acts of international terrorism, in
    exchange for any Special Drawing Rights received by the country
    pursuant to the amendments to the Articles of Agreement of the Fund as
    described in section 64 of the Bretton Woods Agreements Act.
        (b) Conditional Sunset on Authority to Make Loans to Fund the New
    Arrangements to Borrow.--Section 17(a) of the Bretton Woods Agreements
    Act (22 U.S.C. 286e-2(a)) is amended by adding at the end the
    following:
            ``(3) The authority to make loans under this section shall
        expire on the date that is 5 years after the date of the enactment
        of this paragraph unless the Secretary of the Treasury, not later
        than 60 days before such expiration date or 60 days prior to the
        renewal of the decision governing the New Arrangements to Borrow
        (NAB), whichever occurs first, certifies to the appropriate
        congressional committees, that--
                ``(A) no amendments made, or anticipated to be made, to the
            NAB to achieve an expanded and more flexible NAB, as described
            in paragraph 17 of the G20 Leaders' Statement at the 2009
            London Summit, will impair the ability of the Secretary of the
            Treasury to consider a renewal of the NAB decision at intervals
            no greater than 5 years and to withdraw the adherence of the
            United States to the NAB decision as is currently provided
            under paragraph 19 of the New Arrangement to Borrow, adopted by
            the Executive Board of the International Monetary Fund (IMF) on
            January 27, 1997; and
                ``(B)(i) the IMF will borrow resources from members under
            the NAB only when quota resources need to be supplemented in
            order to forestall or cope with an impairment of the
            international monetary system or to deal with an exceptional
            situation that poses a threat to the stability of that system;
                ``(ii) the IMF has, prior to any activation of the NAB,
            fully explored other means of funding to supplement any
            potential shortfall in quota resources necessary to forestall
            or cope with an impairment of the international monetary system
            or to deal with an exceptional situation that poses a threat to
            the stability of that system; or
                ``(iii) it is in the United States' strategic economic
            interest to maintain the relative size or lower of the United
            States contribution to the NAB as in effect on the date of the
            certification.
            ``(4) Not later than 15 days before submitting the
        certification under paragraph (3), the Secretary of the Treasury
        shall consult with the appropriate congressional committees
        regarding such certification.''.
        (c) Limitation on Percentage of New Arrangements to Borrow to Be
    Funded by the United States.--Section 17(a)(2) of the Bretton Woods
    Agreements Act (22 U.S.C. 286e-2(a)(2)) is amended by striking ``is
    representative of its share as of the date of the enactment of this
    Act'' and inserting ``remains not greater than 20 percent, which
    approximates the United States share as of the date of the enactment of
    the Supplemental Appropriations Act, 2009 Public Law 111-32''.
        (d) Reporting Requirements.--Not later than 60 days after the
    enactment of this Act and annually thereafter until September 30, 2014,
    the Secretary of the Treasury, in consultation with other appropriate
    Federal agencies, shall submit to the Committees on Appropriations a
    report on the loans made and programs carried out using financing
    provided by or through the New Arrangements to Borrow: Provided, That
    each such report shall include the following:
            (1) A description of the economies of countries requiring the
        assistance from the New Arrangements to Borrow, including the
        monetary, fiscal, and exchange rate policies of the countries.
            (2) A description of the degree to which the countries
        requiring the assistance have implemented domestic reforms
        including--
                (A) the enactment and implementation of appropriate
            financial reform legislation;
                (B) strengthening the domestic financial system and
            improving transparency and supervision;
                (C) opening domestic capital markets; and
                (D) making nontransparent conglomerate practices more
            transparent through the application of internationally accepted
            accounting practices, independent external audits, full
            disclosure, and provision of consolidated statements.
            (3) A detailed summary of the trade policies of the countries,
        including any unfair trade practices or adverse effects of the
        trade policies on the United States.
            (4) The amount, rate of interest, and disbursement and
        repayment schedules of any funds disbursed by the International
        Monetary Fund pursuant to the New Arrangements to Borrow.

                    intellectual property rights protections

        Sec. 7091.  Not later than 60 days after enactment of this Act and
    every 120 days thereafter until September 30, 2010, the Secretary of
    State shall submit a report to the Committees on Appropriations
    detailing actions taken by the Secretary during negotiations on the
    United Nations Framework Convention on Climate Change, and subsequent
    international climate change negotiations, to promote compliance with
    and enforcement of existing international legal requirements concerning
    intellectual property rights and effective intellectual property rights
    protection and enforcement for energy and environmental technologies.

                   prohibition on certain first-class travel

        Sec. 7092.  None of the funds made available in this Act may be
    used for first-class travel by employees of agencies funded by this Act
    in contravention of sections 301-10.122 through 301-10.124 of title 41,
    Code of Federal Regulations.

          limitation on use of funds in contravention of certain laws

        Sec. 7093.  None of the funds made available in this Act or prior
    Acts may be used in contravention of any provision of, or amendment
    made by, this Act or sections 1110, 1112, 1403, or 1404 of the
    Supplemental Appropriations Act, 2009 (Public Law 111-32), unless such
    authority is expressly provided in statute: Provided, That if a
    determination is made on constitutional grounds by the Executive Branch
    that any provision of law covered by the preceding sentence shall not
    apply, the head of the relevant Federal agency shall notify the
    Committees on Appropriations in writing within 5 days of such
    determination, the basis for such determination and any resulting
    changes to program and policy.
         This division may be cited as the ``Department of State, Foreign
    Operations, and Related Programs Appropriations Act, 2010''

                                   Speaker of the House of Representatives.

                                Vice President of the United States and
                                                   President of the Senate.