[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3288 Reported in House (RH)]

                                                 Union Calendar No. 119
111th CONGRESS
  1st Session
                                H. R. 3288

                          [Report No. 111-218]

   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.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 22, 2009

Mr. Olver, from the Committee on Appropriations, reported the following 
 bill; which was committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

_______________________________________________________________________

                                 A BILL


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

                                TITLE I

                      DEPARTMENT OF TRANSPORTATION

                        Office of the Secretary

                         salaries and expenses

    For necessary expenses of the Office of the Secretary, 
$102,556,000, 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 $2,440,000, 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 $1,433,000, shall be available for the 
Office of Small and Disadvantaged Business Utilization; not to exceed 
$10,600,000, shall be available 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.

                      financial management capital

    For necessary expenses for upgrading and enhancing the Department 
of Transportation's financial systems, and reengineering 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, $14,733,000.

                          working capital fund

    For necessary expenses for operating costs and capital outlays of 
the Working Capital Fund, not to exceed $147,569,000, 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 for short-term working capital, 
$342,000, 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 pursuant to 49 U.S.C. 41731 
through 41742, $125,000,000, to be derived from the Airport and Airway 
Trust Fund, to remain available until expended: Provided, That, in 
determining between or among carriers competing to provide service to a 
community, the Secretary may consider the relative subsidy requirements 
of the carriers: Provided further, That, if the funds under this 
heading are insufficient to meet the costs of the Essential Air Service 
Program in the current fiscal year, the Secretary shall transfer such 
sums as may be necessary to carry out the Essential Air Service Program 
from any available amounts appropriated to or directly administered by 
the Office of the Secretary for such fiscal year.

  administrative provisions--office of the secretary of transportation

    Sec. 101.  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 or her designee may engage in 
activities with States and State legislators to consider proposals 
related to the reduction of motorcycle fatalities.

                    Federal Aviation Administration

                               operations

                    (airport and airway trust fund)

    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, 
$9,347,168,000, of which $5,190,798,000 shall be derived from the 
Airport and Airway Trust Fund, of which not to exceed $7,300,739,000 
shall be available for air traffic organization activities; not to 
exceed $1,231,765,000 shall be available for aviation safety 
activities; not to exceed $14,737,000 shall be available for commercial 
space transportation activities; not to exceed $113,681,000 shall be 
available for financial services activities; not to exceed $100,428,000 
shall be available for human resources program activities; not to 
exceed $341,977,000 shall be available for region and center operations 
and regional coordination activities; not to exceed $190,063,000 shall 
be available for staff offices; and not to exceed $49,778,000 shall be 
available for information services: Provided, 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 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 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 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 as offsetting collections funds received from States, 
counties, municipalities, foreign authorities, other public 
authorities, and private sources, including funds from fees authorized 
under Chapter 453 of title 49, United States Code, other than those 
authorized by Section 45301(a)(1) of that title, which shall be 
available 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 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: 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.

                        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, 
$2,925,202,000, of which $2,455,202,000 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 as offsetting collections funds received from States, 
counties, municipalities, other public authorities, and private 
sources, which shall be available 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, $195,000,000, to be derived from the Airport and Airway Trust 
Fund and to remain available until September 30, 2012: Provided, That 
there may be credited to this appropriation as offsetting collections, 
funds received from States, counties, municipalities, other public 
authorities, and private sources, which shall be available for expenses 
incurred for research, engineering, and development.

                       grants-in-aid for airports

                (liquidation of contract authorization)

                      (limitation on obligations)

                    (airport and airway trust fund)

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

       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 5 U.S.C. 5546(a) 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.

                     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, $125,700,000, to remain available until 
expended: Provided, That the amount provided under this heading shall 
be made available for the eligible programs, projects, and activities 
identified under this heading in the report accompanying this Act: 
Provided further, That a project is an eligible project under this 
heading if the project is eligible for assistance under title 23 or 
chapter 53 of title 49, United States Code: Provided further, That 
funds provided under this heading shall be administered in the same 
manner as if such funds were apportioned under chapter 1 of title 23, 
United States Code, and the Federal share payable on account of any 
program, project, or activity carried out with funds made available 
under this heading shall be determined in accordance with section 
120(b) of title 23, United States Code: Provided further, That 
notwithstanding any other provision of law and the preceding clauses of 
this provision, the Secretary of Transportation may use amounts made 
available under this heading to make grants for any surface 
transportation project otherwise eligible for funding under title 23 or 
title 49, United States Code.

       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 day 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. (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. 123. (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''.

              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: 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 $8,500,000, 
is for the research and technology program to remain available for 
obligation until September 30, 2011, 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)

    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): 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.

 administrative provisions--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, $131,736,000, of which $32,045,000 shall remain 
available until 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, $108,642,000 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 
$108,642,000 for programs authorized under 23 U.S.C. 403: Provided 
further, That within the $108,642,000 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

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

                     highway traffic safety grants

                (liquidation of contract authorization)

                      (limitation on obligations)

                          (highway trust fund)

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

      administrative provisions--national highway traffic safety 
                             administration

    Sec. 140.  Notwithstanding any other provision of law or limitation 
on the use of funds made available under section 403 of title 23, 
United States Code, an additional $130,000 shall be made available to 
the National Highway Traffic Safety Administration, out of the amount 
limited for section 402 of title 23, United States Code, to pay for 
travel and related expenses for State management reviews and to pay for 
core competency development training and related expenses for highway 
safety staff.
    Sec. 141.  The limitations on obligations for the programs of the 
National Highway Traffic Safety Administration set in this Act shall 
not apply to obligations for which obligation authority was made 
available in previous public laws for multiple years but only to the 
extent that the obligation authority has not lapsed or been used.

                    Federal Railroad Administration

                         safety and operations

    For necessary expenses of the Federal Railroad Administration, not 
otherwise provided for, $172,533,000, of which $15,300,000 shall remain 
available until September 30, 2011.

                   railroad research and development

    For necessary expenses for railroad research and development, 
$34,145,000, to remain available until expended.

       railroad rehabilitation and improvement financing program

    The Secretary of Transportation is authorized to issue to the 
Secretary of the Treasury notes or other obligations pursuant to 
section 512 of the Railroad Revitalization and Regulatory Reform Act of 
1976 (Public Law 94-210), 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, 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, $40,000,000, to remain available until expended.

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

    To enable the Secretary of Transportation to make passenger rail 
grants for capital projects as authorized under sections 26106 and 
24406 of title 49, United States Code; the acquisition of new rolling 
stock; and to enter into cooperative agreements for these purposes, 
$4,000,000,000, to remain available until September 30, 2015: 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 of financial assistance made under this paragraph: 
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 passenger rail service that is expected to maintain an 
average speed of 110 miles per hour or is reasonably expected to reach 
speeds of at least 150 miles per hour, including 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 
shall issue regulations covering application procedures and grant 
criteria for the passenger rail grants provided under this paragraph: 
Provided further, That the Federal share payable of the costs for which 
financial assistance is made under this paragraph shall not exceed 80 
percent: Provided further, That in addition to the provisions of title 
49, United States Code, that apply to the passenger rail programs 
funded under this paragraph, sections 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 paragraph: 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 up to $5,000,000 
of the funds provided under this paragraph are available to the 
Administrator for the purposes of implementing section 24316 of title 
49, United States Code: Provided further, That if legislation 
authorizing a national infrastructure bank is enacted prior to 
September 30, 2010, beginning on October 1, 2010, the Secretary of 
Transportation may use up to $2,000,000,000, of the amount appropriated 
in this paragraph to carry out such legislation including by 
transferring funds to the appropriate Federal agency to carry out the 
national infrastructure bank: Provided further, That if legislation 
enacting a national infrastructure bank is not enacted by September 30, 
2010, the Secretary may use an additional $20,000,000 of the funds 
available under this paragraph for the award and oversight of financial 
assistance made under this paragraph; 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(a) of the 
Passenger Rail Investment and Improvement Act of 2008 (Division B of 
Pub. L. 110-432), $553,348,000, to remain available until September 30, 
2010: Provided, That the amounts available under this heading 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 
the Secretary may retain up to one-half of one percent of the funds 
provided under this heading to implement the Operating Grants to the 
National Railroad Passenger Corporation in fiscal year 2010: Provided 
further, That the Corporation is directed 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 
report to the House and Senate Committees on Appropriations beginning 3 
months after the date of the enactment of this Act and quarterly 
thereafter with estimates of the savings accrued as a result of all 
operational reforms instituted by the Corporation: Provided further, 
That the Inspector General of the Department of Transportation shall 
provide a report recommending to the House and Senate Committees on 
Appropriations 180 days after the date of the enactment of this Act on 
possible operational reforms that could be instituted by the 
Corporation: Provided further, That not later than 120 days after 
enactment of this Act, the Corporation shall transmit to the House and 
Senate Committees on Appropriations its Fiscal Year 2011 plan to 
improve the financial performance of food and beverage service and its 
plan to improve the financial performance of first class service 
(including sleeping car service): Provided further, That the 
Corporation shall report quarterly to the House and Senate Committees 
on Appropriations on its progress against the milestones and target 
dates contained in its financial performance improvement plan provided 
in fiscal year 2009 and quantify savings realized to date on a monthly 
basis compared to those projected in the plan, identify any changes in 
the plan or delays in implementing these plans, and identify the causes 
of delay and proposed corrective measures: Provided further, That the 
National Railroad Passenger Corporation shall submit, in electronic 
format, to the House and Senate Committees on Appropriations, a budget, 
business plan and a 5-Year Financial Plan beginning with fiscal year 
2010, consistent with the provisions of section 204 of the Passenger 
Rail Investment and Improvement Act of 2008 (Division B of Pub. L. 110-
432): Provided further, That the budget, business plan and the 5-Year 
Financial Plan shall also include a separate accounting of targets 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, 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 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 
monthly reports in electronic format regarding the budget, business 
plan, and 5-Year Financial Plan, which shall describe the work 
completed to date, any changes to any plan, and the reasons for such 
changes, and shall identify all sole source contract awards which shall 
be accompanied by a justification as to why said contract was awarded 
on a sole source basis: Provided further, That the Corporation's 
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 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.

national railroad passenger corporation office of the inspector general

    To enable the Secretary of Transportation to make a grant to the 
National Railroad Passenger Corporation Office of the Inspector General 
for auditing the operations and capital expenditures of the National 
Railroad Passenger Corporation, as authorized by section 101(b) of the 
Passenger Rail Investment and Improvement Act of 2008 (Division B of 
Pub. L. 110-432), $19,000,000.

  capital and debt service grants to the national railroad passenger 
                              corporation

    To enable the Secretary of Transportation to make quarterly grants 
to the National Railroad Passenger Corporation for capital grants 
supporting intercity passenger services as authorized by section 101(c) 
of the Passenger Rail Investment and Improvement Act of 2008 (Division 
B of Pub. L. 110-432), $929,625,000, to remain available until 
September 30, 2010, of which not to exceed $264,000,000 shall be for 
debt service obligations as authorized by section 102 of that Act: 
Provided, That in addition to the project management oversight funds 
authorized under section 101(d) of that Act, 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 sections 208 
and 212 of that Act, including the amendments made by section 212 to 
section 24905 of title 49, United States Code: 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.

       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.''.

                     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, $97,478,000: Provided, That of the funds available under 
this heading, not to exceed $1,809,000 shall be available for travel: 
Provided further, That none of the funds provided or limited in this 
Act may be used to create a permanent office of transit security under 
this heading: Provided further, That 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, $8,852,000,000 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.

                       capital investment grants

                     (including transfer of funds)

    For necessary expenses to carry out section 5309 of title 49, 
United States Code, $1,827,343,000, to remain available until expended, 
of which not to exceed $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 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.

             washington metropolitan area transit authority

    For necessary expenses to carry out section 601 of Division B of 
Public Law 110-432, $150,000,000, to remain available until expended.

       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 Heavy Maintenance 
Facility, Phoenix Dial-a-Ride facility, and the Phoenix Regional Heavy 
Bus Maintenance Facility in Arizona through the Department of 
Transportation Appropriations Acts for Fiscal Years 2005 and 2008 that 
remain unobligated or unexpended shall be made available to the East 
Baseline Park-and-Ride Facility in Phoenix, Arizona.

             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 United States 
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, $140,900,000, of which $31,677,000 shall remain 
avaialble until September 30, 2010, for salaries and benefits of 
employees of the United States Merchant Marine Academy; of which 
$15,391,000 shall remain available until expended for capital 
improvements at the United States Merchant Marine Academy; and of which 
$11,240,000 shall remain available until expended for maintenance and 
repair of training ships at State maritime academies.

                             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.

          maritime guaranteed loan (title xi) program account

                     (including transfer of funds)

    For administrative expenses to carry out the guaranteed loan 
program, not to exceed $3,630,000, 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 may furnish utilities and services and make 
necessary repairs in connection with any lease, contract, or occupancy 
involving Government property under the 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)

    For necessary operational expenses of the Pipeline and Hazardous 
Materials Safety Administration, $19,968,000, of which $639,000 shall 
be derived from the Pipeline Safety Fund: Provided, That $1,000,000 
shall be transferred to ``Pipeline Safety'' in order to fund ``Pipeline 
Safety Information Grants to Communities'' as authorized 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, $36,500,000, of which $2,699,000 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.

                     emergency preparedness grants

                     (emergency preparedness fund)

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

           Research and Innovative Technology Administration

                        research and development

    For necessary expenses of the Research and Innovative Technology 
Administration, $12,834,000, 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, 
$74,839,000: 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, $29,800,000: 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 $28,550,000.

            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 explanatory statement 
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'', ``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 $500,000 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 or cooperative agreement 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 the House and Senate Committees 
                on Appropriations 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.
    This title may be cited as the ``Department of Transportation 
Appropriations Act, 2010''.

                                TITLE II

              DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

                     Management and Administration

                          Executive Direction

    For necessary salaries and expenses for Executive Direction, 
$25,969,000, of which not to exceed $4,619,000 shall be available for 
the immediate Office of the Secretary and Deputy Secretary; not to 
exceed $1,703,000 shall be available for the Office of Hearings and 
Appeals; not to exceed $778,000 shall be available for the Office of 
Small and Disadvantaged Business Utilization; not to exceed $727,000 
shall be available for the immediate Office of the Chief Financial 
Officer; not to exceed $1,474,000 shall be available for the immediate 
Office of the General Counsel; not to exceed $2,912,000 shall be 
available to the Office of the Assistant Secretary for Congressional 
and Intergovernmental Relations; not to exceed $3,110,000 shall be 
available for the Office of the Assistant Secretary for Public Affairs; 
not to exceed $1,218,000 shall be available for the Office of the 
Assistant Secretary for Administration; not to exceed $2,125,000 shall 
be available to the Office of the Assistant Secretary for Public and 
Indian Housing; not to exceed $1,781,000 shall be available to the 
Office of the Assistant Secretary for Community Planning and 
Development; not to exceed $3,497,000 shall be available to the Office 
of the Assistant Secretary for Housing, Federal Housing Commissioner; 
not to exceed $1,097,000 shall be available to the Office of the 
Assistant Secretary for Policy Development and Research; and not to 
exceed $928,000 shall be available to the Office of the Assistant 
Secretary for Fair Housing and Equal Opportunity: Provided, That the 
Secretary of the Department of Housing and Urban Development is 
authorized to transfer funds appropriated for any office funded under 
this heading to any other office funded under this heading following 
written notification to the House and Senate Committees on 
Appropriations: Provided further, That no appropriation for any office 
shall be increased or decreased by more than 5 percent by all such 
transfers: Provided further, That notice of any change in funding 
greater than 5 percent shall be submitted for prior approval to the 
House and Senate Committees on Appropriations: Provided further, That 
the Secretary shall provide the Committees on Appropriations quarterly 
written notification regarding the status of pending congressional 
reports: Provided further, That the Secretary shall provide all signed 
reports required by Congress electronically: Provided further, That not 
to exceed $25,000 of the amount made available under this paragraph for 
the immediate Office of the Secretary shall be available for official 
reception and representation expenses as the Secretary may determine.

               administration, operations and management

    For necessary salaries and expenses for administration, operations 
and management for the Department of Housing and Urban Development, 
$537,897,000, of which not to exceed $76,958,000 shall be available for 
the personnel compensation and benefits of the Office of 
Administration; not to exceed $11,277,000 shall be available for the 
personnel compensation and benefits of the Office of Departmental 
Operations and Coordination; not to exceed $51,275,000 shall be 
available for the personnel compensation and benefits of the Office of 
Field Policy and Management; not to exceed $14,649,000 shall be 
available for the personnel compensation and benefits of the Office of 
the Chief Procurement Officer; not to exceed $35,197,000 shall be 
available for the personnel compensation and benefits of the remaining 
staff in the Office of the Chief Financial Officer; not to exceed 
$89,062,000 shall be available for the personnel compensation and 
benefits of the remaining staff in the Office of the General Counsel; 
not to exceed $3,296,000 shall be available for the personnel 
compensation and benefits of the Office of Departmental Equal 
Employment Opportunity; not to exceed $1,393,000 shall be available for 
the personnel compensation and benefits for the Center for Faith-Based 
and Community Initiatives; not to exceed $2,400,000 shall be available 
for the personnel compensation and benefits for the Office of 
Sustainability; not to exceed $2,520,000 shall be available for the 
personnnel compensation and benefits for the Office of Strategic 
Planning and Management; and not to exceed $249,870,000 shall be 
available for non-personnel expenses of the Department of Housing and 
Urban Development: Provided, That, funds provided under this heading 
may be used for necessary administrative and non-administrative 
expenses of the Department of Housing and Urban Development, not 
otherwise provided for, including purchase of uniforms, or allowances 
therefor, as authorized by 5 U.S.C. 5901-5902; hire of passenger motor 
vehicles; services as authorized by 5 U.S.C. 3109: Provided further, 
That notwithstanding any other provision of law, funds appropriated 
under this heading may be used for advertising and promotional 
activities that support the housing mission area: Provided further, 
That the Secretary of Housing and Urban Development is authorized to 
transfer funds appropriated for any office included in Administration, 
Operations and Management to any other office included in 
Administration, Operations and Management only after such transfer has 
been submitted to, and received prior written approval by, the House 
and Senate Committees on Appropriations: Provided further, That no 
appropriation for any office shall be increased or decreased by more 
than 10 percent by all such transfers.

                  Personnel Compensation and Benefits

                       public and indian housing

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

                   community planning and development

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

                                housing

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

         office of the government national mortgage association

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

                    policy development and research

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

                   fair housing and equal opportunity

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

            office of healthy homes and lead hazard control

    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

    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, $14,242,200,000, 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 the amounts made available under this heading are 
provided as follows:
            (1) $16,387,200,000 shall be available for renewals of 
        expiring section 8 tenant-based annual contributions contracts 
        (including renewals of enhanced vouchers under any provision of 
        law authorizing such assistance under section 8(t) of the Act) 
        and including renewal of other special purpose vouchers 
        initially funded in fiscal year 2008 and 2009 (such as Family 
        Unification, Veterans Affairs Supportive Housing Vouchers and 
        Non-elderly Disabled Vouchers): Provided, That notwithstanding 
        any other provision of law, from amounts provided under this 
        paragraph and any carryover, the Secretary for the calendar 
        year 2010 funding cycle shall provide renewal funding for each 
        public housing agency based on voucher management system (VMS) 
        leasing and cost data for the most recent Federal fiscal year 
        and by applying the most recent Annual Adjustment Factor as 
        established by the Secretary, and by making any necessary 
        adjustments for the costs associated with deposits to family 
        self-sufficiency program escrow accounts or first-time renewals 
        including tenant protection or HOPE VI vouchers: Provided 
        further, That none of the funds provided under this paragraph 
        may be used to fund a total number of unit months under lease 
        which exceeds a public housing agency's authorized level of 
        units under contract: Provided further, That the Secretary 
        shall, to the extent necessary to stay within the amount 
        specified under this paragraph (except as otherwise modified 
        under this Act), pro rate each public housing agency's 
        allocation otherwise established pursuant to this paragraph: 
        Provided further, That except as provided in the last two 
        provisos, the entire amount specified under this paragraph 
        (except as otherwise modified under this Act) shall be 
        obligated to the public housing agencies based on the 
        allocation and pro rata method described above, and the 
        Secretary shall notify public housing agencies of their annual 
        budget not later than 60 days after enactment of this Act: 
        Provided further, That the Secretary may extend the 60-day 
        notification period with the written approval of the House and 
        Senate Committees on Appropriations: Provided further, That 
        public housing agencies participating in the Moving to Work 
        demonstration shall be funded pursuant to their Moving to Work 
        agreements and shall be subject to the same pro rata 
        adjustments under the previous provisos: Provided further, That 
        up to $150,000,000 shall be available only: (1) to adjust the 
        allocations for public housing agencies, after application for 
        an adjustment by a public housing agency that experienced a 
        significant increase, as determined by the Secretary, in 
        renewal costs of tenant-based rental assistance resulting from 
        unforeseen circumstances or from portability under section 8(r) 
        of the Act; (2) for adjustments for public housing agencies 
        with voucher leasing rates at the end of the calendar year that 
        exceed the average leasing for the 12-month period used to 
        establish the allocation; (3) for adjustments for the costs 
        associated with VASH vouchers; or (4) for vouchers that were 
        not in use during the 12-month period in order to be available 
        to meet a commitment pursuant to section 8(o)(13) of the Act.
            (2) $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 may 
        provide replacement vouchers for all units that were occupied 
        within the previous 24 months that cease to be available as 
        assisted housing, subject to the availability of funds.
            (3) $1,600,000,000 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 $1,550,000,000 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) $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.
            (5) $60,000,000 shall be for family self-sufficiency 
        coordinators under section 23 of the Act.

                        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.

                      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 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

    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)), $4,800,000,000.

     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), $250,000,000, to remain available until 
September 30, 2011, of which the Secretary of Housing and Urban 
Development shall use $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.

                  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.), 
$750,000,000, 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.), $12,000,000, 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--
13a), $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--
13b), $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.), $350,000,000, 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, $4,600,607,000, to remain available until September 30, 
2012, unless otherwise specified: Provided, That of the total amount 
provided, $4,166,607,000 is for carrying out the community development 
block grant program under title I of the Housing and Community 
Development Act of 1974, as amended (the ``Act'' herein) (42 U.S.C. 
5301 et seq.): Provided further, That unless explicitly provided for 
under this heading (except for planning grants provided in the second 
paragraph and amounts made available under the third paragraph), not to 
exceed 20 percent of any grant made with funds appropriated under this 
heading shall be expended for planning and management development and 
administration: Provided further, That $65,000,000 shall be for grants 
to Indian tribes notwithstanding section 106(a)(1) of such Act, of 
which, notwithstanding any other provision of law (including section 
204 of this Act), up to $3,960,000 may be used for emergencies that 
constitute imminent threats to health and safety.
    Of the amount made available under this heading, $151,000,000 shall 
be available for grants for the Economic Development Initiative (EDI) 
to finance a variety of targeted economic investments in accordance 
with the terms and conditions specified in the explanatory statement 
accompanying this Act: Provided, That none of the funds provided under 
this paragraph may be used for program operations: Provided further, 
That, for fiscal years 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, $18,000,000 shall 
be available for neighborhood initiatives that are utilized to improve 
the conditions of distressed and blighted areas and neighborhoods, to 
stimulate investment, economic diversification, and community 
revitalization in areas with population outmigration or a stagnating or 
declining economic base, or to determine whether housing benefits can 
be integrated more effectively with welfare reform initiatives: 
Provided, That amounts made available under this paragraph shall be 
provided in accordance with the terms and conditions specified in the 
explanatory statement accompanying this Act.
    The referenced 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 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''.
    Of the amounts made available under this heading, $150,000,000 
shall be made available for a Sustainable Communities Initiative to 
stimulate improved regional planning efforts that integrate housing and 
transportation decisions, and to challenge communities to reform zoning 
and land use ordinances: Provided, That $100,000,000 shall be for 
Regional Planning Grants to support the linking of transportation and 
land use planning: Provided further, That $40,000,000 shall be for 
Metropolitan Challenge Grants to foster reform and reduce barriers to 
achieve affordable, economically vital, and sustainable communities: 
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 Planning Grants and Metropolitan Challenge 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 to address the problems of concentrated rural housing 
distress and community poverty: Provided further, That of the amounts 
made available under this heading, $25,000,000 shall be made available 
for the University Community Fund for grants to assist universities in 
revitalizing their surrounding communities, with special attention to 
Historically Black Colleges and Universities, Tribal Colleges and 
Universities, Alaska Native/Native Hawaiian Institutions, and Hispanic-
Serving Institutions: Provided further, That the Secretary shall 
develop and publish guidelines for the use of such competitive funds 
including, but not limited to, eligibility criteria, minimum grant 
amounts, and performance metrics.

         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, $25,000,000, 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 (42 U.S.C. 12721 et seq.), $2,000,000,000, 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 (42 U.S.C. 12805 note), $85,000,000, 
to remain available until September 30, 2012: Provided, That of the 
total amount provided under this heading, $27,000,000 shall be made 
available to the Self-Help and Assisted Homeownership Opportunity 
Program as authorized under section 11 of the Housing Opportunity 
Program Extension Act of 1996, as amended: Provided further, That 
$53,000,000 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 
$10,000,000 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

    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, $1,850,000,000, of which $1,845,000,000 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 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 $8,000,000 of the funds appropriated under 
this heading shall be available for the national homeless data analysis 
project and technical assistance: 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, 
$8,306,328,000, 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 $8,474,328,000 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(c)(2)); 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 (12 U.S.C. 1701(q)), 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, 
$1,000,000,000, to remain available until September 30, 2013, of which 
up to $872,000,000 shall be for capital advance and project-based 
rental assistance awards: Provided, That, of the amount provided under 
this heading, up to $90,000,000 shall be for service coordinators and 
the continuation of existing congregate service grants for residents of 
assisted housing projects, and of which up to $25,000,000 shall be for 
grants under section 202b of the Housing Act of 1959 (12 U.S.C. 1701q-
2) for conversion of eligible projects under such section to assisted 
living or related use and for substantial and emergency capital repairs 
as determined by the Secretary: Provided further, That of the amount 
made available under this heading, $20,000,000 shall be available to 
the Secretary of Housing and Urban Development only for making 
competitive grants to private nonprofit organizations and consumer 
cooperatives for covering costs of architectural and engineering work, 
site control, and other planning relating to the development of 
supportive housing for the elderly that is eligible for assistance 
under section 202 of the Housing Act of 1959 (12 U.S.C. 1701q): 
Provided further, That amounts under this heading shall be available 
for Real Estate Assessment Center inspections and inspection-related 
activities associated with section 202 capital advance projects: 
Provided further, That up to $2,000,000 of the total amount made 
available under this heading shall be for technical assistance to 
improve grant applications and to facilitate the development of housing 
for the elderly under section 202 of the Housing Act of 1959, and 
supportive housing for persons with disabilities under section 811 of 
the Cranston-Gonzalez National Affordable Housing Act: 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, $350,000,000, of 
which up to $214,000,000 shall be for capital advances and project-
based rental assistance contracts, to remain available until September 
30, 2013: 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(12 U.S.C. 1701(x)), $70,000,000, including up to 
$2,500,000 for administrative contract services, to remain available 
until September 30, 2011: Provided, That funds shall be used for 
providing counseling and advice to tenants and homeowners, both current 
and prospective, with respect to property maintenance, financial 
management/literacy, and such other matters as may be appropriate to 
assist them in improving their housing conditions, meeting their 
financial needs, and fulfilling the responsibilities of tenancy or 
homeownership; for program administration; and for housing counselor 
training.

                         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) 
$27,600,000 are rescinded.

            payment to manufactured housing fees trust fund

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

                     Federal Housing Administration

               mutual mortgage insurance program account

                     (including transfers of funds)

    During fiscal year 2010, commitments to guarantee single family 
loans insured under the Mutual Mortgage Insurance Fund shall not exceed 
a loan principal of $400,000,000,000: Provided, That for 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, except that no principal limit factor may be 
reduced below 60: 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, $50,000,000, 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.

            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 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, 
$120,000,000: Provided, That the Inspector General shall have 
independent authority over all personnel issues within this office.

                       transformation initiative

    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,'' ``Energy Innovation Fund,'' ``Native American Housing Block 
Grants,'' ``Native Hawaiian Housing Block Grants,'' ``Revitalization of 
Severely Distressed Public Housing,'' ``Brownfields Redevelopment,'' 
``Section 108 Loan Guarantees,'' ``Housing Opportunities for Persons 
With AIDS,'' ``Community Development Fund,'' ``HOME Investment 
Partnerships Program,'' ``Self-Help and Assisted Homeownership 
Opportunity Program,'' ``Homeless Assistance Grants,'' ``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 the Secretary shall fund each of the four 
general purposes specified above at not less than 10 percent, and not 
more than 50 percent, of the aggregate transferred amount.

    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 rescinded or in the case of 
cash, shall be remitted to the Treasury, and such amounts of budget 
authority or cash recaptured and not rescinded 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 rescinded 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.  None of the funds provided in this title for technical 
assistance, training, or management improvements may be obligated or 
expended unless the Secretary of Housing and Urban Development provides 
to the Committees on Appropriations a description of each proposed 
activity and a detailed budget estimate of the costs associated with 
each program, project or activity as part of the Budget Justifications. 
For fiscal year 2010, the Secretary shall transmit this information to 
the Committees by November 15, 2009 for 30 days of review.
    Sec. 209.  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. 210. (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. 211.  The President's formal budget request for fiscal year 
2010, 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. 212.  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. 213. (a) Notwithstanding any other provision of law, subject 
to the conditions listed in subsection (b), for fiscal years 2008 and 
2009, 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-Gonzalez 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-Gonzalez 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. 214.  The funds made available for Native Alaskans under the 
heading ``Native American Housing Block Grants'' in title II of this 
Act shall be allocated to the same Native Alaskan housing block grant 
recipients that received funds in fiscal year 2005.
    Sec. 215.  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. 216. (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. 217.  Notwithstanding the limitation in the first sentence of 
section 255(g) of the National Housing Act (12 U.S.C. 1715z--20(g)), 
the Secretary of Housing and Urban Development may, until September 30, 
2010, insure and enter into commitments to insure mortgages under 
section 255 of the National Housing Act (12 U.S.C. 1715z--20).
    Sec. 218.  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. 219.  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. 220.  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. 221.  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--z) 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. 222. (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. 223.  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. 224.  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. 225.  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, however, 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. 226.  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, there is a trained allotment 
holder for each HUD subaccount under the headings ``Executive 
Direction'' and ``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. 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.  Prepayment and Refinancing.
     (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 year 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 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. 233.  FHA Loan Limits for fiscal year 2010. (a) LOAN LIMIT 
FLOOR BASED ON 2008 LEVELS- For mortgages for which the mortgagee 
issues credit approval for the borrower during fiscal year 2010, if the 
dollar amount limitation on the principal obligation of a mortgage 
determined under section 203(b)(2) of the National Housing Act (12 
U.S.C. 1709(b)(2)) for any size residence for any area is less than 
such dollar amount limitation that was in effect for such size 
residence for such area for 2008 pursuant to section 202 of the 
Economic Stimulus Act of 2008 (Public Law 110-185; 122 Stat. 620), 
notwithstanding any other provision of law, the maximum dollar amount 
limitation on the principal obligation of a mortgage for such size 
residence for such area for purposes of such section 203(b)(2) shall be 
considered (except for purposes of section 255(g) of such Act (12 
U.S.C. 1715z-20(g))) to be such dollar amount limitation in effect for 
such size residence for such area for 2008. (b) Discretionary Authority 
for Sub-Areas- Notwithstanding any other provision of law, if the 
Secretary of Housing and Urban Development determines, for any 
geographic area that is smaller than an area for which dollar amount 
limitations on the principal obligation of a mortgage are determined 
under section 203(b)(2) of the National Housing Act, that a higher such 
maximum dollar amount limitation is warranted for any particular size 
or sizes of residences in such sub-area by higher median home prices in 
such sub-area, the Secretary may, for mortgages for which the mortgagee 
issues credit approval for the borrower during fiscal year 2010, 
increase the maximum dollar amount limitation for such size or sizes of 
residences for such sub-area that is otherwise in effect (including 
pursuant to subsection (a) of this section), but in no case to an 
amount that exceeds the amount specified in section 202(a)(2) of the 
Economic Stimulus Act of 2008.
    Sec. 234.  GSE Conforming Loan Limits for fiscal year 2010. (a) 
Loan Limit Floor Based on 2008 Levels- For mortgages originated during 
fiscal year 2010, if the limitation on the maximum original principal 
obligation of a mortgage that may be purchased by the Federal National 
Mortgage Association or the Federal Home Loan Mortgage Corporation 
determined under section 302(b)(2) of the Federal National Mortgage 
Association Charter Act (12 U.S.C. 1717(b)(2)) or section 305(a)(2) of 
the Federal Home Loan Mortgage Corporation Act (12 U.S.C. 1754(a)(2)), 
respectively, for any size residence for any area is less than such 
maximum original principal obligation limitation that was in effect for 
such size residence for such area for 2008 pursuant to section 201 of 
the Economic Stimulus Act of 2008 (Public Law 110-185; 122 Stat. 619), 
notwithstanding any other provision of law, the limitation on the 
maximum original principal obligation of a mortgage for such 
Association and Corporation for such size residence for such area shall 
be such maximum limitation in effect for such size residence for such 
area for 2008. (b) Discretionary Authority for Sub-Areas- 
Notwithstanding any other provision of law, if the Director of the 
Federal Housing Finance Agency determines, for any geographic area that 
is smaller than an area for which limitations on the maximum original 
principal obligation of a mortgage are determined for the Federal 
National Mortgage Association or the Federal Home Loan Mortgage 
Corporation, that a higher such maximum original principal obligation 
limitation is warranted for any particular size or sizes of residences 
in such sub-area by higher median home prices in such sub-area, the 
Director may, for mortgages originated during fiscal year 2010, 
increase the maximum original principal obligation limitation for such 
size or sizes of residences for such sub-area that is otherwise in 
effect (including pursuant to subsection (a) of this section) for such 
Association and Corporation, but in no case to an amount that exceeds 
the amount specified in the matter following the comma in section 
201(a)(1)(B) of the Economic Stimulus Act of 2008.
    Sec. 235.  FHA Reverse Mortgage Loan Limits for fiscal year 2010. 
For mortgages for which the mortgagee issues credit approval for the 
borrower during fiscal year 2010, the second sentence of section 255(g) 
of the National Housing Act (12 U.S.C. 1715z-20(g)) shall be considered 
to require that in no case may the benefits of insurance under such 
section 255 exceed 150 percent of the maximum dollar amount in effect 
under the sixth sentence of section 305(a)(2) of the Federal Home Loan 
Mortgage Corporation Act (12 U.S.C. 1454(a)(2)).
     This title may be cited as the ``Department of Housing and Urban 
Development Appropriations Act, 2010''.

                               TITLE III

                            RELATED AGENCIES

       Architectural and Transportation Barriers Compliance Board

                         salaries and expenses

    For expenses necessary for the Architectural and Transportation 
Barriers Compliance Board, as authorized by section 502 of the 
Rehabilitation Act of 1973, as amended, $7,200,000: 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, $23,712,000: Provided, That not to exceed $2,000 
shall be available for official reception and representation expenses.

                  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) 
$99,200,000, of which not to exceed $2,000 may be used for official 
reception and representation expenses. 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. 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.

                 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: 
Provided, That Section 605(a) of the Neighborhood Reinvestment 
Corporation Act (42 U.S.C. 8104(a)) 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, 
$63,800,000 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 
        primarily in the subprime housing market 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 subprime 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 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. Such reports shall 
        identify successful strategies and methods for preserving 
        homeownership and the long-term affordability of at-risk 
        mortgages and shall include recommended efforts that will or 
        likely can assist in the success of this program as well as an 
        analysis of any policy and procedures that failed to result in 
        successful mortgage foreclosure mitigation. The report shall 
        include an analysis of the details and use of any post 
        mitigation counseling of assisted borrowers designed to ensure 
        the continued long-term affordability of the mortgages which 
        were the subject of the mortgage foreclosure mitigation 
        assistance.

           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, 
$2,400,000.

                                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 
31, 2010. Such report shall include the contractor, the amount of the 
contract and the rationale for using a sole source contract.
    Sec. 408. (a) None of the funds made available in this Act may be 
obligated or expended for any employee training that--
            (1) does not meet identified needs for knowledge, skills, 
        and abilities bearing directly upon the performance of official 
        duties;
            (2) contains elements likely to induce high levels of 
        emotional response or psychological stress in some 
        participants;
            (3) does not require prior employee notification of the 
        content and methods to be used in the training and written end 
        of course evaluation;
            (4) contains any methods or content associated with 
        religious or quasi-religious belief systems or ``new age'' 
        belief systems as defined in Equal Employment Opportunity 
        Commission Notice N-915.022, dated September 2, 1988; or
            (5) is offensive to, or designed to change, participants' 
        personal values or lifestyle outside the workplace.
    (b) Nothing in this section shall prohibit, restrict, or otherwise 
preclude an agency from conducting training bearing directly upon the 
performance of official duties.
    Sec. 409.  No funds in this Act may be used to support any Federal, 
State, or local projects that seek to use the power of eminent domain, 
unless eminent domain is employed only for a public use: Provided, That 
for purposes of this section, public use shall not be construed to 
include economic development that primarily benefits private entities: 
Provided further, That any use of funds for mass transit, railroad, 
airport, seaport or highway projects as well as utility projects which 
benefit or serve the general public (including energy-related, 
communication-related, water-related and wastewater-related 
infrastructure), other structures designated for use by the general 
public or which have other common-carrier or public-utility functions 
that serve the general public and are subject to regulation and 
oversight by the government, and projects for the removal of an 
immediate threat to public health and safety or brownsfield as defined 
in the Small Business Liability Relief and Brownsfield Revitalization 
Act (Public Law 107-118) shall be considered a public use for purposes 
of eminent domain.
    Sec. 410.  None of the funds made available in this Act may be 
transferred to any department, agency, or instrumentality of the United 
States Government, except pursuant to a transfer made by, or transfer 
authority provided in, this Act or any other appropriations Act.
    Sec. 411.  No part of any appropriation contained in this Act shall 
be available to pay the salary for any person filling a position, other 
than a temporary position, formerly held by an employee who has left to 
enter the Armed Forces of the United States and has satisfactorily 
completed his period of active military or naval service, and has 
within 90 days after his release from such service or from 
hospitalization continuing after discharge for a period of not more 
than 1 year, made application for restoration to his former position 
and has been certified by the Office of Personnel Management as still 
qualified to perform the duties of his former position and has not been 
restored thereto.
    Sec. 412.  No funds appropriated pursuant to this Act may be 
expended by an entity unless the entity agrees that in expending the 
assistance the entity will comply with sections 2 through 4 of the Act 
of March 3, 1933 (41 U.S.C. 10a-10c, popularly known as the ``Buy 
American Act'').
    Sec. 413.  No funds appropriated or otherwise made available under 
this Act shall be made available to any person or entity that has been 
convicted of violating the Buy American Act (41 U.S.C. 10a-10c).
    This Act may be cited as the ``Transportation, Housing and Urban 
Development, and Related Agencies Appropriations Act, 2010''.
                                                 Union Calendar No. 119

111th CONGRESS

  1st Session

                               H. R. 3288

                          [Report No. 111-218]

_______________________________________________________________________

                                 A BILL

   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.

_______________________________________________________________________

                             July 22, 2009

Committed to the Committee of the Whole House on the State of the Union 
                       and ordered to be printed