That the following sums are
appropriated, out of any money in the Treasury not otherwise appropriated, for
the Departments of Transportation, and Housing and Urban Development, and
related agencies for the fiscal year ending September 30, 2010, and for other
purposes, namely:
<enum>I</enum><header display-inline="no-display-inline">Department of transportation</header>
<appropriations-intermediate id="ID024E9F344E8849109F02F696AE8AEAC0"><header>Office of the
secretary</header>
</appropriations-intermediate><appropriations-small id="ID34C581B1799F4D0A8E9AF1B2AD1969D2"><header>Salaries and
expenses</header><text display-inline="no-display-inline">For necessary
expenses of the Office of the Secretary,
$102,556,000 (reduced by
$250,000), 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: <italic>Provided</italic>, That the Secretary of
Transportation is authorized to transfer funds appropriated for any office of
the Office of the Secretary to any other office of the Office of the Secretary:
<italic>Provided further</italic>, That no appropriation for any office shall
be increased or decreased by more than 5 percent by all such transfers:
<italic>Provided further</italic>, That notice of any change in funding greater
than 5 percent shall be submitted for approval to the House and Senate
Committees on Appropriations: <italic>Provided further</italic>, That not to
exceed $60,000, shall be for allocation within
the Department for official reception and representation expenses as the
Secretary may determine: <italic>Provided further</italic>, That
notwithstanding any other provision of law, excluding fees authorized in Public
Law 107–71, there may be credited to this appropriation up to
$2,500,000, in funds received in user fees:
<italic>Provided further</italic>, That none of the funds provided in this Act
shall be available for the position of Assistant Secretary for Public
Affairs.</text>
</appropriations-small><appropriations-small id="HC0269697C26C42DBB2C6C7628498F9A5"><header>Financial management
capital</header><text display-inline="no-display-inline">For necessary expenses
for upgrading and enhancing the Department of Transportation's financial
systems, and reengineering business processes,
$5,000,000 (reduced by
$3,000,000), to remain available until
expended.</text>
</appropriations-small><appropriations-small id="H84310314636A4F87BF993F8D662A6F98"><header>Office of civil
rights</header><text display-inline="no-display-inline">For necessary expenses
of the Office of Civil Rights,
$9,667,000.</text>
</appropriations-small><appropriations-small id="H030B35D082584A8FA2133263C6D2836C"><header>Transportation planning,
research, and development</header><text display-inline="no-display-inline">For
necessary expenses for conducting transportation planning, research, systems
development, development activities, and making grants, to remain available
until expended,
$14,733,000.</text>
</appropriations-small><appropriations-small id="H65C29B5F77724E03A86E9F2CDBBBD250"><header>Working capital
fund</header><text display-inline="no-display-inline">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:
<italic>Provided</italic>, That such services shall be provided on a
competitive basis to entities within the Department of Transportation:
<italic>Provided further</italic>, That the above limitation on operating
expenses shall not apply to non-DOT entities: <italic>Provided
further</italic>, That no funds appropriated in this Act to an agency of the
Department shall be transferred to the Working Capital Fund without the
approval of the agency modal administrator: <italic>Provided further</italic>,
That no assessments may be levied against any program, budget activity,
subactivity or project funded by this Act unless notice of such assessments and
the basis therefor are presented to the House and Senate Committees on
Appropriations and are approved by such
Committees.</text>
</appropriations-small><appropriations-small id="HBB7FDEF3124B4A34A0B0FE8CD81BA8BF"><header>Minority business resource
center program</header><text display-inline="no-display-inline">For the cost of
guaranteed loans for short-term working capital,
$342,000, as authorized by 49 U.S.C. 332:
<italic>Provided</italic>, That such costs, including the cost of modifying
such loans, shall be as defined in section 502 of the Congressional Budget Act
of 1974: <italic>Provided further</italic>, That these funds are available to
subsidize total loan principal, any part of which is to be guaranteed, not to
exceed $18,367,000. In addition, for
administrative expenses to carry out the guaranteed loan program,
$570,000.</text>
</appropriations-small><appropriations-small id="HF662A15FC66B4A59ADED0FFC23F3073C"><header>Minority business
outreach</header><text display-inline="no-display-inline">For necessary
expenses of Minority Business Resource Center outreach activities,
$3,074,000, to remain available until September
30, 2011: <italic>Provided</italic>, That notwithstanding 49 U.S.C. 332, these
funds may be used for business opportunities related to any mode of
transportation.</text>
</appropriations-small><appropriations-small id="HDCD2B65252FD45BB8D32A02856EA19DE"><header>Payments to air
carriers</header>
</appropriations-small><appropriations-small id="H353D59A39A484E50A2427E7DDB3ECA27"><header>(airport and airway trust
fund)</header>
</appropriations-small><appropriations-small id="H9F95503503624E528B126DF241F82792"><header>(Including transfer of
funds)</header>
</appropriations-small><appropriations-small id="HF90DE0FB49A84654B2E2DB90C0611E09"><text display-inline="no-display-inline">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: <italic>Provided</italic>, That, in determining between or among
carriers competing to provide service to a community, the Secretary may
consider the relative subsidy requirements of the carriers: <italic>Provided
further</italic>, That, if the funds under this heading are insufficient to
meet the costs of the Essential Air Service Program in the current fiscal year,
the Secretary shall transfer such sums as may be necessary to carry out the
Essential Air Service Program from any available amounts appropriated to or
directly administered by the Office of the Secretary for such fiscal
year.</text>
</appropriations-small><appropriations-small id="H5DB61ABD8F264C45A9DA2C2046504135"><header>Administrative provisions—office
of the secretary of transportation</header>
</appropriations-small><section id="HBE6B4EE9DB034F288982D89AEDF4D5CF"><enum>101.</enum><text>None of the funds
made available in this Act to the Department of Transportation may be obligated
for the Office of the Secretary of Transportation to approve assessments or
reimbursable agreements pertaining to funds appropriated to the modal
administrations in this Act, except for activities underway on the date of
enactment of this Act, unless such assessments or agreements have completed the
normal reprogramming process for Congressional notification.</text>
</section><section id="HABE60F89BA58414BA24D5E588549AB64"><enum>102.</enum><text>None of the funds
made available under this Act may be obligated or expended to establish or
implement a program under which essential air service communities are required
to assume subsidy costs commonly referred to as the EAS local participation
program.</text>
</section><section id="HAE200B9388344525811148EB3BBBAEFB"><enum>103.</enum><text>The Secretary or
his or her designee may engage in activities with States and State legislators
to consider proposals related to the reduction of motorcycle fatalities.</text>
<appropriations-intermediate id="H6BB3278328DC47719619316B0F0D29D1"><header>Federal aviation
administration</header>
</appropriations-intermediate><appropriations-small id="HC133D45D10EF4EE6A0852DDB01749609"><header>Operations</header>
</appropriations-small><appropriations-small id="H3961AB1317034FC485060F361E188C5B"><header>(airport and airway trust
fund)</header><text display-inline="no-display-inline">For necessary expenses
of the Federal Aviation Administration, not otherwise provided for, including
operations and research activities related to commercial space transportation,
administrative expenses for research and development, establishment of air
navigation facilities, the operation (including leasing) and maintenance of
aircraft, subsidizing the cost of aeronautical charts and maps sold to the
public, lease or purchase of passenger motor vehicles for replacement only, in
addition to amounts made available by Public Law 108–176,
$9,347,168,000, 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
(increased by $1,000,000) 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 (reduced
by $1,000,000) shall be available for
information services: <italic>Provided</italic>, That not to exceed 2 percent
of any budget activity, except for aviation safety budget activity, may be
transferred to any budget activity under this heading: <italic>Provided
further</italic>, That no transfer may increase or decrease any appropriation
by more than 2 percent: <italic>Provided further</italic>, That any transfer in
excess of 2 percent shall be treated as a reprogramming of funds under section
405 of this Act and shall not be available for obligation or expenditure except
in compliance with the procedures set forth in that section: <italic>Provided
further</italic>, That 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: <italic>Provided
further</italic>, That not later than March 31 of each fiscal year hereafter,
the Administrator of the Federal Aviation Administration shall transmit to
Congress an annual update to the report submitted to Congress in December 2004
pursuant to section 221 of Public Law 108–176:<italic>Provided
further</italic>, That funds may be used to enter into a grant agreement with a
nonprofit standard-setting organization to assist in the development of
aviation safety standards: <italic>Provided further</italic>, That none of the
funds in this Act shall be available for new applicants for the second career
training program: <italic>Provided further</italic>, That none of the funds in
this Act shall be available for the Federal Aviation Administration to finalize
or implement any regulation that would promulgate new aviation user fees not
specifically authorized by law after the date of the enactment of this Act:
<italic>Provided further</italic>, That there may be credited to this
appropriation 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:
<italic>Provided further</italic>, That of the funds appropriated under this
heading, not less than $9,500,000 shall be for
the contract tower cost-sharing program: <italic>Provided further</italic>,
That 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:<italic>Provided further</italic>,
That none of the funds in this Act for aeronautical charting and cartography
are available for activities conducted by, or coordinated through, the Working
Capital Fund.</text>
</appropriations-small><appropriations-small id="H2F293A3FB187472F965026EEEEFB14E9"><header>Facilities and
equipment</header>
</appropriations-small><appropriations-small id="H1E1F6FF9199B4BFB8621B29F6AB431E1"><header>(airport and airway trust
fund)</header><text display-inline="no-display-inline">For necessary expenses,
not otherwise provided for, for acquisition, establishment, technical support
services, improvement by contract or purchase, and hire of National Airspace
Systems and experimental facilities and equipment, as authorized under part A
of subtitle VII of title 49, United States Code, including initial acquisition
of necessary sites by lease or grant; engineering and service testing,
including construction of test facilities and acquisition of necessary sites by
lease or grant; construction and furnishing of quarters and related
accommodations for officers and employees of the Federal Aviation
Administration stationed at remote localities where such accommodations are not
available; and the purchase, lease, or transfer of aircraft from funds
available under this heading, including aircraft for aviation regulation and
certification; to be derived from the Airport and Airway Trust Fund,
$2,925,202,000, 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: <italic>Provided</italic>,
That there may be credited to this appropriation as offsetting collections
funds received from States, counties, municipalities, other public authorities,
and private sources, which shall be available for expenses incurred in the
establishment and modernization of air navigation facilities: <italic>Provided
further</italic>, That upon initial submission to the Congress of the fiscal
year 2011 President's budget, the Secretary of Transportation shall transmit to
the Congress a comprehensive capital investment plan for the Federal Aviation
Administration which includes funding for each budget line item for fiscal
years 2011 through 2015, with total funding for each year of the plan
constrained to the funding targets for those years as estimated and approved by
the Office of Management and Budget.</text>
</appropriations-small><appropriations-small id="H190A20B4FF2B49EB97AE29F956BFF8C0"><header>Research, engineering, and
development</header>
</appropriations-small><appropriations-small id="H877734D2A44F4A309BFA0129A91E27C9"><header>(airport and airway trust
fund)</header><text display-inline="no-display-inline">For necessary expenses,
not otherwise provided for, for research, engineering, and development, as
authorized under part A of subtitle VII of title 49, United States Code,
including construction of experimental facilities and acquisition of necessary
sites by lease or grant, $195,000,000, to be
derived from the Airport and Airway Trust Fund and to remain available until
September 30, 2012: <italic>Provided</italic>, That there may be credited to
this appropriation as offsetting collections, funds received from States,
counties, municipalities, other public authorities, and private sources, which
shall be available for expenses incurred for research, engineering, and
development.</text>
</appropriations-small><appropriations-small id="HF3EA6ADE12F9489F9716223CF92D60D9"><header>Grants-in-aid for
airports</header>
</appropriations-small><appropriations-small id="H123E04B2418349509C783895B341534A"><header>(liquidation of contract
authorization)</header>
</appropriations-small><appropriations-small id="H459EEE31F5A543A6B1EC9A70188065B7"><header>(limitation on
obligations)</header>
</appropriations-small><appropriations-small id="HC3BB34B7C8B14774A0B2D18B9268C01F"><header>(airport and airway trust
fund)</header><text display-inline="no-display-inline">For liquidation of
obligations incurred for grants-in-aid for airport planning and development,
and noise compatibility planning and programs as authorized under subchapter I
of chapter 471 and subchapter I of chapter 475 of title 49, United States Code,
and under other law authorizing such obligations; for procurement,
installation, and commissioning of runway incursion prevention devices and
systems at airports of such title; for grants authorized under section 41743 of
title 49, United States Code; and for inspection activities and administration
of airport safety programs, including those related to airport operating
certificates under section 44706 of title 49, United States Code,
$3,000,000,000 to be derived from the Airport
and Airway Trust Fund and to remain available until expended:
<italic>Provided</italic>, That none of the funds under this heading shall be
available for the planning or execution of programs the obligations for which
are in excess of $3,515,000,000 in fiscal year
2010, notwithstanding section 47117(g) of title 49, United States Code:
<italic>Provided further</italic>, That none of the funds under this heading
shall be available for the replacement of baggage conveyor systems,
reconfiguration of terminal baggage areas, or other airport improvements that
are necessary to install bulk explosive detection systems: <italic>Provided
further</italic>, That notwithstanding any other provision of law, of funds
limited under this heading, not more than
$93,422,000 shall be obligated for
administration, not less than $15,000,000 shall
be available for the airport cooperative research program, not less than
$22,472,000 shall be for Airport Technology
Research.</text>
</appropriations-small><appropriations-small id="H9FB5707CC9BE4176B36F153F15D7E5C8"><header>Administrative
provisions—federal aviation administration</header>
</appropriations-small></section><section id="H26C2B3CC505742D09F21417D11CA3995"><enum>110.</enum><text>None of the funds
in this Act may be used to compensate in excess of 600 technical staff-years
under the federally funded research and development center contract between the
Federal Aviation Administration and the Center for Advanced Aviation Systems
Development during fiscal year 2010.</text>
</section><section id="HEE69F43CE4104B55BB067BEE47AB3938"><enum>111.</enum><text>None of the funds
in this Act shall be used to pursue or adopt guidelines or regulations
requiring airport sponsors to provide to the Federal Aviation Administration
without cost building construction, maintenance, utilities and expenses, or
space in airport sponsor-owned buildings for services relating to air traffic
control, air navigation, or weather reporting: <italic>Provided</italic>, That
the prohibition of funds in this section does not apply to negotiations between
the agency and airport sponsors to achieve agreement on
<quote>below-market</quote> rates for these items or to grant assurances that
require airport sponsors to provide land without cost to the FAA for air
traffic control facilities.</text>
</section><section id="HADE3BF09045A4E11984F69C5408D5F23"><enum>112.</enum><text>The Administrator
of the Federal Aviation Administration may reimburse amounts made available to
satisfy 49 U.S.C. 41742(a)(1) from fees credited under 49 U.S.C. 45303:
<italic>Provided</italic>, That during fiscal year 2010, 49 U.S.C. 41742(b)
shall not apply, and any amount remaining in such account at the close of that
fiscal year may be made available to satisfy section 41742(a)(1) for the
subsequent fiscal year.</text>
</section><section id="H45F4B95871E947B3BE233D1BB4C2AE47"><enum>113.</enum><text>Amounts collected
under section 40113(e) of title 49, United States Code, shall be credited to
the appropriation current at the time of collection, to be merged with and
available for the same purposes of such appropriation.</text>
</section><section id="HCCC730B56CC34784A4CCC8D9970690D3"><enum>114.</enum><subsection commented="no" display-inline="yes-display-inline" id="H10DD177D606244A8B53F995156E46C62"><enum>(a)</enum><text>Section 44302(f)(1) of
title 49, United States Code, is amended—</text>
<paragraph changed="deleted" id="H068484864B6B406A97F4D20E2FD883D4" reported-display-style="strikethrough"><enum>(1)</enum><text>by striking
<quote>September 30, 2009,</quote> and inserting <quote>September 30,
2010,</quote>; and</text>
</paragraph><paragraph changed="deleted" id="H5C626DD15266401DB7D60CACD712B8B2" reported-display-style="strikethrough"><enum>(2)</enum><text>by striking
<quote>December 31, 2009,</quote> and inserting <quote>December 31,
2010,</quote>.</text>
</paragraph></subsection><subsection changed="deleted" id="H1B4A693C8982478AB897C1D73E1BEB82" reported-display-style="strikethrough"><enum>(b)</enum><text>Section 44303(b)
of such title is amended by striking <quote>December 31, 2009,</quote> and
inserting <quote>December 31, 2010,</quote>.</text>
</subsection></section><section id="H88CA09F4F0AF44989AC60418A1E95C9F"><enum>115.</enum><text>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.</text>
</section><section id="HD0C1D6427CC544C99B9CE2890A9F4307"><enum>116.</enum><text>None of the funds
limited by this Act for grants under the Airport Improvement Program shall be
made available to the sponsor of a commercial service airport if such sponsor
fails to agree to a request from the Secretary of Transportation for cost-free
space in a non-revenue producing, public use area of the airport terminal or
other airport facilities for the purpose of carrying out a public service air
passenger rights and consumer outreach campaign.</text>
</section><section id="H7AB5575DAF3B49F58DA0FE105ABA08E8"><enum>117.</enum><text>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.</text>
</section><section id="H55E0F52AF5504E78AF1B56442875BA75"><enum>118.</enum><text>None of the funds
in this Act may be obligated or expended for an employee of the Federal
Aviation Administration to purchase a store gift card or gift certificate
through use of a Government-issued credit card.</text>
<appropriations-intermediate id="HDCE42B36B41442B98868B5FEEDB2A8E1"><header>Federal highway
administration</header>
</appropriations-intermediate><appropriations-small id="HBB24FE9CAD684B8B9DB9A82C79A731A8"><header>Limitation on administrative
expenses</header>
</appropriations-small><appropriations-small id="HC078B906390446EA94D3727E713E2462"><header>(including transfer of
funds)</header><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-small id="HD783EAF9FDCB4833B25355949507D680"><header>Federal-aid
highways</header>
</appropriations-small><appropriations-small id="HEA04E31F587941E8A38E7ACAAFF39400"><header>(limitation on
obligations)</header>
</appropriations-small><appropriations-small id="HB7676C7008B64EAE93299DD5893FBFE3"><header>(highway trust
fund)</header><text display-inline="no-display-inline">None of the funds in
this Act shall be available for the implementation or execution of programs,
the obligations for which are in excess of
$41,107,000,000 for Federal-aid highways and
highway safety construction programs for fiscal year 2010:
<italic>Provided</italic>, That within the
$41,107,000,000 obligation limitation on
Federal-aid highways and highway safety construction programs, not more than
$429,800,000 shall be available for the
implementation or execution of programs for transportation research (chapter 5
of title 23, United States Code; sections 111, 5505, and 5506 of title 49,
United States Code; and title 5 of Public Law 109–59) for fiscal year 2010:
<italic>Provided further</italic>, That this limitation on transportation
research programs shall not apply to any authority previously made available
for obligation: <italic>Provided further</italic>, That the Secretary may, as
authorized by section 605(b) of title 23, United States Code, collect and spend
fees to cover the costs of services of expert firms, including counsel, in the
field of municipal and project finance to assist in the underwriting and
servicing of Federal credit instruments and all or a portion of the costs to
the Federal Government of servicing such credit instruments: <italic>Provided
further</italic>, That such fees are available until expended to pay for such
costs: <italic>Provided further</italic>, That such amounts are in addition to
administrative expenses that are also available for such purpose, and are not
subject to any obligation limitation or the limitation on administrative
expenses under section 608 of title 23, United States
Code.</text>
</appropriations-small><appropriations-small id="H52C8782081A344DC8D1E31B75475E407"><header>(Liquidation of contract
authorization)</header>
</appropriations-small><appropriations-small id="HBCED871650DD441F8609A8CFB370EE6F"><header>(highway trust
fund)</header><text display-inline="no-display-inline">For carrying out the
provisions of title 23, United States Code, that are attributable to
Federal-aid highways, not otherwise provided, including reimbursement for sums
expended pursuant to the provisions of 23 U.S.C. 308,
$41,846,000,000 or so much thereof as may be
available in and derived from the Highway Trust Fund (other than the Mass
Transit Account), to remain available until
expended.</text>
</appropriations-small><appropriations-small id="H335AE85CEFB44D19AFCDE6418E8DD573"><header>SURFACE TRANSPORTATION
PRIORITIES</header><text display-inline="no-display-inline">For the necessary
expenses of certain highway and surface transportation projects,
$125,700,000, to remain available until
expended: <italic>Provided</italic>, 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:
<italic>Provided further</italic>, 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: <italic>Provided further</italic>,
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:
<italic>Provided further</italic>, 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.</text>
</appropriations-small><appropriations-small id="H0707ACBFADD843F28871F19C00A18E98"><header>Administrative
provisions—federal highway administration</header>
</appropriations-small></section><section id="HBFC3A90B332B49988AE47F0548084A66"><enum>120.</enum><subsection commented="no" display-inline="yes-display-inline" id="H142E6A82A32E4C9EAEECAA7EC8369343"><enum>(a)</enum><text>For fiscal year 2010,
the Secretary of Transportation shall—</text>
<paragraph changed="deleted" id="HECAF7DDF96F046FB8644F53DE4A174A7" reported-display-style="strikethrough"><enum>(1)</enum><text>not distribute
from the obligation limitation for Federal-aid highways amounts authorized for
administrative expenses and programs by section 104(a) of title 23, United
States Code; programs funded from the administrative takedown authorized by
section 104(a)(1) of title 23, United States Code (as in effect on the 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;</text>
</paragraph><paragraph changed="deleted" id="H0ED991E75B6C4AFD9B2C79C93580B6AE" reported-display-style="strikethrough"><enum>(2)</enum><text>not distribute an
amount from the obligation limitation for Federal-aid highways that is equal to
the unobligated balance of amounts made available from the Highway Trust Fund
(other than the Mass Transit Account) for Federal-aid highways and highway
safety programs for previous fiscal years the funds for which are allocated by
the Secretary;</text>
</paragraph><paragraph changed="deleted" id="H8329786FE1024ABE9CEB04A4BBC20423" reported-display-style="strikethrough"><enum>(3)</enum><text>determine the
ratio that—</text>
<subparagraph id="H964AF9E348FF453394D5483C2853A4FA"><enum>(A)</enum><text>the obligation
limitation for Federal-aid highways, less the aggregate of amounts not
distributed under paragraphs (1) and (2), bears to</text>
</subparagraph><subparagraph id="HDF7C458D6ABF43418950A60BB21E0932"><enum>(B)</enum><text>the total of the
sums authorized to be appropriated for Federal-aid highways and highway safety
construction programs (other than sums authorized to be appropriated for
provisions of law described in paragraphs (1) through (9) of subsection (b) and
sums authorized to be appropriated for section 105 of title 23, United States
Code, equal to the amount referred to in subsection (b)(10) for such fiscal
year), less the aggregate of the amounts not distributed under paragraphs (1)
and (2) of this subsection;</text>
</subparagraph></paragraph><paragraph changed="deleted" id="H54EA9B09737A40009487F20BEB294BCC" reported-display-style="strikethrough"><enum>(4)</enum><subparagraph commented="no" display-inline="yes-display-inline" id="H98263A2CE3E44965A2A073663656186C"><enum>(A)</enum><text>distribute the
obligation limitation for Federal-aid highways, less the aggregate amounts not
distributed under paragraphs (1) and (2), for sections 1301, 1302, and 1934 of
the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy
for Users; sections 117 (but individually for each project numbered 1 through
3676 listed in the table contained in section 1702 of the Safe, Accountable,
Flexible, Efficient Transportation Equity Act: A Legacy for Users) and section
144(g) of title 23, United States Code; and section 14501 of title 40, United
States Code, so that the amount of obligation authority available for each of
such sections is equal to the amount determined by multiplying the ratio
determined under paragraph (3) by the sums authorized to be appropriated for
that section for the fiscal year; and</text>
</subparagraph><subparagraph changed="deleted" id="H782F216BC74140B584820439BC4D9F26" reported-display-style="strikethrough"><enum>(B)</enum><text>distribute
$2,000,000,000 for section 105 of title 23,
United States Code;</text>
</subparagraph></paragraph><paragraph changed="deleted" id="H75EC982A6FB74B62A4418FB214B489F1" reported-display-style="strikethrough"><enum>(5)</enum><text>distribute the
obligation limitation provided for Federal-aid highways, less the aggregate
amounts not distributed under paragraphs (1) and (2) and amounts distributed
under paragraph (4), for each of the programs that are allocated by the
Secretary under the Safe, Accountable, Flexible, Efficient Transportation
Equity Act: A Legacy for Users and title 23, United States Code (other than to
programs to which paragraphs (1) and (4) apply), by multiplying the ratio
determined under paragraph (3) by the amounts authorized to be appropriated for
each such program for such fiscal year; and</text>
</paragraph><paragraph changed="deleted" id="H9E40B3821B3B4EB8B51B54CC241E111B" reported-display-style="strikethrough"><enum>(6)</enum><text>distribute the
obligation limitation provided for Federal-aid highways, less the aggregate
amounts not distributed under paragraphs (1) and (2) and amounts distributed
under paragraphs (4) and (5), for Federal-aid highways and highway safety
construction programs (other than the amounts apportioned for the equity bonus
program, but only to the extent that the amounts apportioned for the equity
bonus program for the fiscal year are greater than
$2,639,000,000, and the Appalachian development
highway system program) that are apportioned by the Secretary under the Safe,
Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users
and title 23, United States Code, in the ratio that—</text>
<subparagraph id="HBAD96340FA0F442B975EDD7DBA9ABD2F"><enum>(A)</enum><text>amounts authorized
to be appropriated for such programs that are apportioned to each State for
such fiscal year, bear to</text>
</subparagraph><subparagraph id="HD69510F9BA4F496DA0D305DFD8A2C810"><enum>(B)</enum><text>the total of the
amounts authorized to be appropriated for such programs that are apportioned to
all States for such fiscal year.</text>
</subparagraph></paragraph></subsection><subsection changed="deleted" id="H3A4FEB75E355442DB5FC81687EE69167" reported-display-style="strikethrough"><enum>(b)</enum><header>Exceptions From
Obligation Limitation</header><text>The obligation limitation for Federal-aid
highways shall not apply to obligations: (1) under section 125 of title 23,
United States Code; (2) under section 147 of the Surface Transportation
Assistance Act of 1978; (3) under section 9 of the Federal-Aid Highway Act of
1981; (4) under subsections (b) and (j) of section 131 of the Surface
Transportation Assistance Act of 1982; (5) under subsections (b) and (c) of
section 149 of the Surface Transportation and Uniform Relocation Assistance Act
of 1987; (6) under sections 1103 through 1108 of the Intermodal Surface
Transportation Efficiency Act of 1991; (7) under section 157 of title 23,
United States Code, as in effect on the day before the date of the enactment of
the Transportation Equity Act for the 21st Century; (8) under section 105 of
title 23, United States Code, as in effect for fiscal years 1998 through 2004,
but only in an amount equal to $639,000,000 for
each of those fiscal years; (9) for Federal-aid highway programs for which
obligation authority was made available under the Transportation Equity Act for
the 21st Century or subsequent public laws for multiple years or to remain
available until used, but only to the extent that the obligation authority has
not lapsed or been used; (10) under section 105 of title 23, United States
Code, but only in an amount equal to
$639,000,000 for each of fiscal years 2005
through 2010; and (11) under section 1603 of the Safe, Accountable, Flexible,
Efficient Transportation Equity Act: A Legacy for Users, to the extent that
funds obligated in accordance with that section were not subject to a
limitation on obligations at the time at which the funds were initially made
available for obligation.</text>
</subsection><subsection changed="deleted" id="H01332144065443E6BAC7BCECBEDC2860" reported-display-style="strikethrough"><enum>(c)</enum><header>Redistribution
of Unused Obligation Authority</header><text>Notwithstanding subsection (a),
the Secretary shall, after August 1 of such fiscal year, revise a distribution
of the obligation limitation made available under subsection (a) if the amount
distributed cannot be obligated during that fiscal year and redistribute
sufficient amounts to those States able to obligate amounts in addition to
those previously distributed during that fiscal year, giving priority to those
States having large unobligated balances of funds apportioned under sections
104 and 144 of title 23, United States Code.</text>
</subsection><subsection changed="deleted" id="HDD32F8825484432D989A460A104C212D" reported-display-style="strikethrough"><enum>(d)</enum><header>Applicability of
Obligation Limitations to Transportation Research Programs</header><text>The
obligation limitation shall apply to transportation research programs carried
out under chapter 5 of title 23, United States Code, and title V (research
title) of the Safe, Accountable, Flexible, Efficient Transportation Equity Act:
A Legacy for Users, except that obligation authority made available for such
programs under such limitation shall remain available for a period of 3 fiscal
years and shall be in addition to the amount of any limitation imposed on
obligations for Federal-aid highway and highway safety construction programs
for future fiscal years.</text>
</subsection><subsection changed="deleted" id="H0257E45970A84A0C95CBBF724E1B2273" reported-display-style="strikethrough"><enum>(e)</enum><header>Redistribution
of Certain Authorized Funds</header>
<paragraph id="H6A3E7E03BA7044AAB1EB0F1C664D1898"><enum>(1)</enum><header>In
general</header><text>Not later than 30 days after the date of the distribution
of obligation limitation under subsection (a), the Secretary shall distribute
to the States any funds that—</text>
<subparagraph id="H97BE721871844FA99C423D13D5374C49"><enum>(A)</enum><text>are authorized to
be appropriated for such fiscal year for Federal-aid highways programs;
and</text>
</subparagraph><subparagraph id="H56B3E5A92F3E4D6780AC506A2012A1E4"><enum>(B)</enum><text>the Secretary
determines will not be allocated to the States, and will not be available for
obligation, in such fiscal year due to the imposition of any obligation
limitation for such fiscal year.</text>
</subparagraph></paragraph><paragraph id="H8C117CF5D813430F834D98D687B7E3A8"><enum>(2)</enum><header>Ratio</header><text>Funds
shall be distributed under paragraph (1) in the same ratio as the distribution
of obligation authority under subsection (a)(6).</text>
</paragraph><paragraph id="H6A4CE415D3A246B096D171B7399FD191"><enum>(3)</enum><header>Availability</header><text>Funds
distributed under paragraph (1) shall be available for any purposes described
in section 133(b) of title 23, United States Code.</text>
</paragraph></subsection><subsection changed="deleted" id="H0CCC2006C65F4DD2AE97C387F535E7D8" reported-display-style="strikethrough"><enum>(f)</enum><header>Special
Limitation Characteristics</header><text>Obligation limitation distributed for
a fiscal year under subsection (a)(4) for the provision specified in subsection
(a)(4) shall—</text>
<paragraph id="H565B680BF6694011B8761C83FE31DE58"><enum>(1)</enum><text>remain available
until used for obligation of funds for that provision; and</text>
</paragraph><paragraph id="H555572B3F1524C6C8E25EDB6E22D8BA4"><enum>(2)</enum><text>be in addition to
the amount of any limitation imposed on obligations for Federal-aid highway and
highway safety construction programs for future fiscal years.</text>
</paragraph></subsection><subsection changed="deleted" id="H6896134C98304B06A5E0D431BD2C5AB8" reported-display-style="strikethrough"><enum>(g)</enum><header>High Priority
Project Flexibility</header>
<paragraph id="HFB6EA96D62854D57AD03115D606DE877"><enum>(1)</enum><header>In
general</header><text>Subject to paragraph (2), obligation authority
distributed for such fiscal year under subsection (a)(4) for each project
numbered 1 through 3676 listed in the table contained in section 1702 of the
Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for
Users may be obligated for any other project in such section in the same
State.</text>
</paragraph><paragraph id="HA6E7ABD4EAB94969B6D84471BBF1180E"><enum>(2)</enum><header>Restoration</header><text>Obligation
authority used as described in paragraph (1) shall be restored to the original
purpose on the date on which obligation authority is distributed under this
section for the next fiscal year following obligation under paragraph
(1).</text>
</paragraph></subsection><subsection changed="deleted" id="H96F4278093934AABB4AA323BDBA266C9" reported-display-style="strikethrough"><enum>(h)</enum><header>Limitation on
Statutory Construction</header><text>Nothing in this section shall be construed
to limit the distribution of obligation authority under subsection (a)(4)(A)
for each of the individual projects numbered greater than 3676 listed in the
table contained in section 1702 of the Safe, Accountable, Flexible, Efficient
Transportation Equity Act: A Legacy for Users.</text>
</subsection></section><section id="HF326AC8C2DDA4CF2A3D312160563A1A0"><enum>121.</enum><text>Notwithstanding
31 U.S.C. 3302, funds received by the Bureau of Transportation Statistics from
the sale of data products, for necessary expenses incurred pursuant to 49
U.S.C. 111 may be credited to the Federal-aid highways account for the purpose
of reimbursing the Bureau for such expenses: <italic>Provided</italic>, That
such funds shall be subject to the obligation limitation for Federal-aid
highways and highway safety construction.</text>
</section><section id="H34F2C1D0AD1A43E0B2F7CC08C937702E"><enum>122.</enum><subsection commented="no" display-inline="yes-display-inline" id="H1F2265F93DFB4404B5B3B54500BEC85E"><enum>(a)</enum><header>In
General</header><text>Except as provided in subsection (b), none of the funds
made available, limited, or otherwise affected by this Act shall be used to
approve or otherwise authorize the imposition of any toll on any segment of
highway located on the Federal-aid system in the State of Texas that—</text>
<paragraph changed="deleted" id="H0A42917928BB416F8CE639CE6C05B97E" reported-display-style="strikethrough"><enum>(1)</enum><text>as of the date of
enactment of this Act, is not tolled;</text>
</paragraph><paragraph changed="deleted" id="H4C0505E928B74704A830DDCEA0D87C4E" reported-display-style="strikethrough"><enum>(2)</enum><text>is constructed
with Federal assistance provided under title 23, United States Code; and</text>
</paragraph><paragraph changed="deleted" id="HF3B68698E90C4775B310AC267DF0004C" reported-display-style="strikethrough"><enum>(3)</enum><text>is in actual
operation as of the date of enactment of this Act.</text>
</paragraph></subsection><subsection changed="deleted" id="HB1EDDC0A955C4F22A4FD950183E863CB" reported-display-style="strikethrough"><enum>(b)</enum><header>Exceptions</header>
<paragraph id="HE62037F51C984960BD2CFABC1D1F917F"><enum>(1)</enum><header>Number of toll
lanes</header><text>Subsection (a) shall not apply to any segment of highway on
the Federal-aid system described in that subsection that, as of the date on
which a toll is imposed on the segment, will have the same number of non-toll
lanes as were in existence prior to that date.</text>
</paragraph><paragraph id="H311063302A2940D4979BBCE5F8397D6A"><enum>(2)</enum><header>High-occupancy
vehicle lanes</header><text>A high-occupancy vehicle lane that is converted to
a toll lane shall not be subject to this section, and shall not be considered
to be a non-toll lane for purposes of determining whether a highway will have
fewer non-toll lanes than prior to the date of imposition of the toll,
if—</text>
<subparagraph id="H4F546F49176749A48933B696969D6FE7"><enum>(A)</enum><text>high-occupancy
vehicles occupied by the number of passengers specified by the entity operating
the toll lane may use the toll lane without paying a toll, unless otherwise
specified by the appropriate county, town, municipal or other local government
entity, or public toll road or transit authority; or</text>
</subparagraph><subparagraph id="H3AF7111C435A4802A0778F88E7A2969F"><enum>(B)</enum><text>each
high-occupancy vehicle lane that was converted to a toll lane was constructed
as a temporary lane to be replaced by a toll lane under a plan approved by the
appropriate county, town, municipal or other local government entity, or public
toll road or transit authority.</text>
</subparagraph></paragraph></subsection></section><section id="H0B57DB82569F4440985AE6F649D3C88F"><enum>123.</enum><subsection commented="no" display-inline="yes-display-inline" id="HC575E970601B42E786ED6A605B0BD2B7"><enum>(a)</enum><text>In the explanatory
statement referenced in section 129 of division K of Public Law 110–161 (121
Stat. 2388), the item relating to <quote>Route 5 Overpass and River Center, St.
Mary’s County, MD</quote> in the table of projects for such section 129 is
deemed to be amended by striking ‘<quote>Route 5 Overpass and River Center, St.
Mary’s County, MD</quote> and inserting <quote>Safety Improvements and Traffic
Calming Measures along Route 5 at St. Mary’s County, MD</quote>.</text>
</subsection><subsection changed="deleted" id="H69401CE530874353A96C8380419433F2" reported-display-style="strikethrough"><enum>(b)</enum><text>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 <quote>US 422 River Crossing
Complex Project, King of Prussia, PA</quote> in the table of projects under the
heading <quote>Transportation, Community, and System Preservation
Program</quote> is deemed to be amended by striking <quote>US 422 River
Crossing Complex Project, King of Prussia, PA</quote> and inserting <quote>For
closed loop signal control system and other improvements for Trooper Road in
Lower Providence and West Norriton Townships, Montgomery County,
PA</quote>.</text>
</subsection><subsection changed="deleted" id="H8F924E2200704BECA95DDF7D349B8AE0" reported-display-style="strikethrough"><enum>(c)</enum><text>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 <quote>Improving the West Bank
River Front, IL</quote> in the table of projects under the heading
<quote>Transportation, Community, and System Preservation Program</quote> is
deemed to be amended by striking <quote>Improving the West Bank River Front,
IL</quote> and inserting <quote>East Bank River Front and Bikeway Improvements,
IL</quote>.</text>
</subsection><subsection changed="deleted" id="H89AD605FD1984EF08477D3D0FFDF0648" reported-display-style="strikethrough"><enum>(d)</enum><text>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 <quote>Repair of Side Streets
and Relocation of Water Mains resulting from rerouting of traffic and
reconstruction of 159th Street in Harvey, IL</quote> in the table of projects
under the heading <quote>Transportation, Community, and System Preservation
Program</quote> is deemed to be amended by striking <quote>Repair of Side
Streets and Relocation of Water Mains resulting from rerouting of traffic and
reconstruction of 159th Street in Harvey, IL</quote> and inserting
<quote>Intersection Improvements on Crawford Avenue and 203rd Street in the
Village of Olympia Fields, IL</quote>.</text>
</subsection><subsection changed="deleted" id="HCE322B15E3CF46BEBF031C434DBDDFB4" reported-display-style="strikethrough"><enum>(e)</enum><text>In the explanatory
statement referenced in section 129 of division K of Public Law 110–161 (121
Stat. 2388), the item relating to <quote>Study Improvements to 109th Avenue,
Winfield, IN</quote> in the table of projects for such section 129 is deemed to
be amended by striking <quote>Winfield, IN</quote> and inserting <quote>Town of
Winfield, City of Crown Point, Lake County, IN</quote>.</text>
</subsection><subsection changed="deleted" id="H62D4737911464431A833E4BEC88B5562" reported-display-style="strikethrough"><enum>(f)</enum><text>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 <quote>Ronald Reagan Parkway
(Middle and Southern segments), Boone County, IN</quote> in the table of
projects under the heading <quote>Transportation, Community, and System
Preservation Program</quote> is deemed to be amended by striking <quote>Boone
County</quote> and inserting <quote>Hendricks County</quote>.</text>
</subsection><subsection changed="deleted" id="HCAFC8CFBFD444211B6B685FAC860A98C" reported-display-style="strikethrough"><enum>(g)</enum><text>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 <quote>Onville Road Intersection
and Road-Widening Project, Prince William County, VA</quote> in the table of
projects under the heading <quote>Federal Lands</quote> is deemed to be amended
by striking <quote>Prince William</quote> and inserting
<quote>Stafford</quote>.</text>
</subsection><subsection changed="deleted" id="H14F95F2D070449F5B5D00E9516C8E0C5" reported-display-style="strikethrough"><enum>(h)</enum><text>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 <quote>U.S. 59/Alabama Grade
Separation Project, St. Joseph, MO</quote> in the table of projects under the
heading <quote>Interstate Maintenance Discretionary</quote> is deemed to be
amended by striking <quote>U.S. 59/Alabama Grade Separation Project, St.
Joseph, MO</quote> and inserting <quote>I-29 Interchange Reconstruction in St.
Joseph, MO</quote>.</text>
</subsection><subsection changed="deleted" id="H0E8732264BEB499B8DFE01EB9B9526CF" reported-display-style="strikethrough"><enum>(i)</enum><text>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 <quote>Decking and Sidewalk
Replacement on the Central Avenue Overpass, South Charleston, WV</quote> in the
table of projects under the heading <quote>Interstate Maintenance
Discretionary</quote> is deemed to be amended by striking <quote>Decking and
Sidewalk Replacement on the Central Avenue Overpass, South Charleston,
WV</quote> and inserting <quote>General Interstate Maintenance,
WV</quote>.</text>
</subsection><subsection changed="deleted" id="H05A7EC76C96541E08227EB83A2D3A10D" reported-display-style="strikethrough"><enum>(j)</enum><text>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 <quote>Wapsi Great Western Line
Trail, Mitchell County, IA</quote> is deemed to be amended by striking
<quote>Mitchell County</quote> and inserting <quote>Mitchell and Howard
Counties</quote>.</text>
</subsection><subsection changed="deleted" id="H74684EA2B81744CEB2E692B9FBF5642E" reported-display-style="strikethrough"><enum>(k)</enum><text>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 <quote>Highway 169 Corridor Project
Environmental Assessment, Preliminary Engineering and Planning, Humboldt,
IA</quote> is deemed to be amended by striking <quote>Corridor Project
Environmental Assessment, Preliminary Engineering and Planning, Humboldt,
IA</quote> and inserting <quote>Construction, Humboldt and Webster Counties,
IA</quote>.</text>
</subsection><subsection changed="deleted" id="H55CF4E556756454293D88AC9ADB384F6" reported-display-style="strikethrough"><enum>(l)</enum><text>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 <quote>Highway 53 Interchanges,
WI</quote> is deemed to be amended by striking <quote>Interchanges</quote> and
inserting <quote>Intersections</quote>.</text>
</subsection></section><appropriations-intermediate id="HF457320833A242B694F7EF24BDA5426D"><header>Federal motor carrier safety
administration</header>
</appropriations-intermediate><appropriations-small id="HFFE26CECCCE14159B5A83795579E1EB2"><header>Motor carrier safety operations
and programs</header>
</appropriations-small><appropriations-small id="H9BD20EAF5CA447D691B8D843A66AC9F1"><header>(liquidation of contract
authorization)</header>
</appropriations-small><appropriations-small id="H722FB34D891F4CD0A53447E6D9994C62"><header>(limitation on
obligations)</header>
</appropriations-small><appropriations-small id="H1A04C041753C4BD79AB649A8AEB73EF0"><header>(highway trust
fund)</header>
</appropriations-small><appropriations-small id="H0CCD2B9F8FD447208F0A0A52EDD5394C"><text display-inline="no-display-inline">For payment of obligations incurred in the
implementation, execution and administration of motor carrier safety operations
and programs pursuant to section 31104(i) of title 49, United States Code, and
sections 4127 and 4134 of Public Law 109–59,
$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:
<italic>Provided</italic>, That none of the funds derived from the Highway
Trust Fund in this Act shall be available for the implementation, execution or
administration of programs, the obligations for which are in excess of
$239,828,000, for <quote>Motor Carrier Safety
Operations and Programs</quote>, 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:
<italic>Provided further</italic>, That notwithstanding any other provision of
law, none of the funds under this heading for outreach and education shall be
available for transfer: <italic>Provided further</italic>, That the Federal
Motor Carrier Safety Administration shall transmit to Congress 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.</text>
</appropriations-small><appropriations-small id="HED31D7DC451A48BEA00CD3BB239B1709"><header>Motor carrier safety
grants</header>
</appropriations-small><appropriations-small id="H1D1915762DB24E20A403DB8560045614"><header>(liquidation of contract
authorization)</header>
</appropriations-small><appropriations-small id="HA4ACDFB2BFF049FD86A0D319C5D2ACFA"><header>(limitation on
obligations)</header>
</appropriations-small><appropriations-small id="HD7C452C2286346D6B1F54857AF66653D"><header>(highway trust
fund)</header>
</appropriations-small><appropriations-small id="H8970E51E23A04966A163AD7B93B51201"><text display-inline="no-display-inline">For payment of obligations incurred in
carrying out sections 31102, 31104(a), 31106, 31107, 31109, 31309, 31313 of
title 49, United States Code, and sections 4126 and 4128 of Public Law 109–59,
$310,070,000, to be derived from the Highway
Trust Fund (other than the Mass Transit Account): <italic>Provided</italic>,
That none of the funds in this Act shall be available for the implementation or
execution of programs, the obligations for which are in excess of
$310,070,000, for <quote>Motor Carrier Safety
Grants</quote>; of which $212,070,000 shall be
available for the motor carrier safety assistance program to carry out sections
31102 and 31104(a) of title 49, United States Code;
$25,000,000, shall be available for the
commercial driver's license improvements program to carry out section 31313 of
title 49, United States Code; $32,000,000, shall
be available for the border enforcement grants program to carry out section
31107 of title 49, United States Code;
$5,000,000, shall be available for the
performance and registration information system management program to carry out
sections 31106(b) and 31109 of title 49, United States Code;
$25,000,000, shall be available for the
commercial vehicle information systems and networks deployment program to carry
out section 4126 of Public Law 109–59;
$3,000,000, shall be available for the safety
data improvement program to carry out section 4128 of Public Law 109–59; and
$8,000,000, shall be available for the
commercial driver's license information system modernization program to carry
out section 31309(e) of title 49, United States Code: <italic>Provided
further</italic>, That of the funds made available for the motor carrier safety
assistance program, $29,000,000, shall be
available for audits of new entrant motor
carriers.</text>
</appropriations-small><appropriations-small id="HB286BD38D0AD48E3BAC92247E596567D"><header>Administrative
provisions—federal motor carrier safety
administration</header>
</appropriations-small><section id="H91201F3246BA42C1AC1D2ED667656761"><enum>135.</enum><text>Funds
appropriated or limited in this Act shall be subject to the terms and
conditions stipulated in section 350 of Public Law 107–87 and section 6901 of
Public Law 110–28, including that the Secretary submit a report to the House
and Senate Appropriations Committees annually on the safety and security of
transportation into the United States by Mexico-domiciled motor
carriers.</text>
<appropriations-intermediate id="H0C6987CE39744A8D834C578985A74BDF"><header>National highway traffic safety
administration</header>
</appropriations-intermediate><appropriations-small id="H51337312C524478CAC03AD23AB1ABEC4"><header>Operations and
research</header><text display-inline="no-display-inline">For expenses
necessary to discharge the functions of the Secretary, with respect to traffic
and highway safety under subtitle C of title X of Public Law 109–59 and chapter
301 and part C of subtitle VI of title 49, United States Code,
$131,736,000 (increased by
$250,000), of which
$32,045,000 shall remain available until
September 30, 2011: <italic>Provided</italic>, That none of the funds
appropriated by this Act may be obligated or expended to plan, finalize, or
implement any rulemaking to add to section 575.104 of title 49 of the Code of
Federal Regulations any requirement pertaining to a grading standard that is
different from the three grading standards (treadwear, traction, and
temperature resistance) already in effect.</text>
</appropriations-small><appropriations-small id="HE56EEC5006C644C881D02D57BBCFF072"><header>Operations and
research</header>
</appropriations-small><appropriations-small id="H717B676B5E6F477B9E0DB400137C4279"><header>(liquidation of contract
authorization)</header>
</appropriations-small><appropriations-small id="H2222AEBC7B3647AF91C5DC8D675F5B88"><header>(limitation on
obligations)</header>
</appropriations-small><appropriations-small id="HB370CC623FE34CF4B836C8ADB1D12739"><header>(highway trust
fund)</header><text display-inline="no-display-inline">For payment of
obligations incurred in carrying out the provisions of 23 U.S.C. 403,
$108,642,000 to be derived from the Highway
Trust Fund (other than the Mass Transit Account) and to remain available until
expended: <italic>Provided</italic>, That none of the funds in this Act shall
be available for the planning or execution of programs the total obligations
for which, in fiscal year 2010, are in excess of
$108,642,000 for programs authorized under 23
U.S.C. 403: <italic>Provided further</italic>, 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.</text>
</appropriations-small><appropriations-small id="H56F8C9C91A2D4FCBA03BA8B6D9F63AFC"><header>National driver
register</header>
</appropriations-small><appropriations-small id="HCD22084DA17143F9BE672F5039C99BEA"><header>(liquidation of contract
authorization)</header>
</appropriations-small><appropriations-small id="HCAE8CB19CB42410398FF0BC437FB9D04"><header>(limitation on
obligations)</header>
</appropriations-small><appropriations-small id="HA7FF9E1044E949B6BBCB09B295EA48CE"><header>(highway trust
fund)</header><text display-inline="no-display-inline">For payment of
obligations incurred in carrying out chapter 303 of title 49, United States
Code, $4,000,000, to be derived from the Highway
Trust Fund (other than the Mass Transit Account) and to remain available until
expended: <italic>Provided</italic>, That none of the funds in this Act shall
be available for the implementation or execution of programs the total
obligations for which, in fiscal year 2010, are in excess of
$4,000,000 for the National Driver Register
authorized under such chapter.</text>
</appropriations-small><appropriations-small id="HDB3BAA874F8C46A8A2D700537075A25C"><header>National driver
register</header><text display-inline="no-display-inline">For an additional
amount for the <quote>National Driver Register</quote> as authorized by chapter
303 of title 49, United States Code, $3,350,000,
to remain available through September 30, 2011:<italic>Provided</italic>, That
the funding made available under this heading shall be used to carry out the
modernization of the National Driver Register.</text>
</appropriations-small><appropriations-small id="HAF76C5FDAC2F4A14A1DA9BA668D8C122"><header>Highway traffic safety
grants</header>
</appropriations-small><appropriations-small id="H96A1AF7A909F4604A4B4303233931C5E"><header>(liquidation of contract
authorization)</header>
</appropriations-small><appropriations-small id="HA1D30792329A428FB01906DAFE6E2159"><header>(limitation on
obligations)</header>
</appropriations-small><appropriations-small id="HB32FAA2740544CFFA16738EA6F857EDB"><header>(highway trust
fund)</header><text display-inline="no-display-inline">For payment of
obligations incurred in carrying out the provisions of 23 U.S.C. 402, 405, 406,
408, and 410 and sections 2001(a)(11), 2009, 2010, and 2011 of Public Law
109–59, to remain available until expended,
$619,500,000 to be derived from the Highway
Trust Fund (other than the Mass Transit Account): <italic>Provided</italic>,
That none of the funds in this Act shall be available for the planning or
execution of programs the total obligations for which, in fiscal year 2010, are
in excess of $619,500,000 for programs
authorized under 23 U.S.C. 402, 405, 406, 408, and 410 and sections
2001(a)(11), 2009, 2010, and 2011 of Public Law 109–59, of which
$235,000,000 shall be for <quote>Highway Safety
Programs</quote> under 23 U.S.C. 402;
$25,000,000 shall be for <quote>Occupant
Protection Incentive Grants</quote> under 23 U.S.C. 405;
$124,500,000 shall be for <quote>Safety Belt
Performance Grants</quote> under 23 U.S.C. 406, and such obligation limitation
shall remain available until September 30, 2011, in accordance with subsection
(f) of such section 406 and shall be in addition to the amount of any
limitation imposed on obligations for such grants for future fiscal years;
$34,500,000 shall be for <quote>State Traffic
Safety Information System Improvements</quote> under 23 U.S.C. 408;
$139,000,000 shall be for
<quote>Alcohol-Impaired Driving Countermeasures Incentive Grant Program</quote>
under 23 U.S.C. 410; $18,500,000 shall be for
<quote>Administrative Expenses</quote> under section 2001(a)(11) of Public Law
109–59; $29,000,000 shall be for <quote>High
Visibility Enforcement Program</quote> under section 2009 of Public Law 109–59;
$7,000,000 shall be for <quote>Motorcyclist
Safety</quote> under section 2010 of Public Law 109–59; and
$7,000,000 shall be for <quote>Child Safety and
Child Booster Seat Safety Incentive Grants</quote> under section 2011 of Public
Law 109–59: <italic>Provided further</italic>, That none of these funds shall
be used for construction, rehabilitation, or remodeling costs, or for office
furnishings and fixtures for State, local or private buildings or structures:
<italic>Provided further</italic>, That not to exceed
$500,000 of the funds made available for section
410 <quote>Alcohol-Impaired Driving Countermeasures Grants</quote> shall be
available for technical assistance to the States: <italic>Provided
further</italic>, That not to exceed $750,000 of
the funds made available for the <quote>High Visibility Enforcement
Program</quote> shall be available for the evaluation required under section
2009(f) of Public Law 109–59.</text>
</appropriations-small><appropriations-small id="H9067CAE3F9A14798AB5260AD22BBD5FF"><header>Administrative
provisions—national highway traffic safety
administration</header>
</appropriations-small></section><section id="HADE15AEC8C1F425B99A9E8DA5B8F7ACE"><enum>140.</enum><text>Notwithstanding
any other provision of law or limitation on the use of funds made available
under section 403 of title 23, United States Code, an additional
$130,000 shall be made available to the National
Highway Traffic Safety Administration, out of the amount limited for section
402 of title 23, United States Code, to pay for travel and related expenses for
State management reviews and to pay for core competency development training
and related expenses for highway safety staff.</text>
</section><section id="HB5EC4EDB16E940D19D05531B1AFADE10"><enum>141.</enum><text>The limitations
on obligations for the programs of the National Highway Traffic Safety
Administration set in this Act shall not apply to obligations for which
obligation authority was made available in previous public laws for multiple
years but only to the extent that the obligation authority has not lapsed or
been used.</text>
<appropriations-intermediate id="H5931BA6B70934D90B2B47E738663CF9A"><header>Federal railroad
administration</header>
</appropriations-intermediate><appropriations-small id="H8D86EF2DA33E4BCAB900502758A6ABB5"><header>Safety and
operations</header><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-small id="H9A05C12480EB4B5BBA477D3DA2673B0B"><header>Railroad research and
development</header><text display-inline="no-display-inline">For necessary
expenses for railroad research and development,
$34,145,000 (increased by
$3,000,000), to remain available until
expended.</text>
</appropriations-small><appropriations-small id="HFCF683FC26B24E918CBAEC23BD77BE75"><header>Railroad rehabilitation and
improvement financing program</header><text display-inline="no-display-inline">The Secretary of Transportation is
authorized to issue to the Secretary of the Treasury notes or other obligations
pursuant to section 512 of the Railroad Revitalization and Regulatory Reform
Act of 1976 (Public Law 94–210), in such amounts and at such times as may be
necessary to pay any amounts required pursuant to the guarantee of the
principal amount of obligations under sections 511 through 513 of such Act,
such authority to exist as long as any such guaranteed obligation is
outstanding: <italic>Provided</italic>, That pursuant to section 502 of such
Act, no new direct loans or loan guarantee commitments shall be made using
Federal funds for the credit risk premium during fiscal year
2010.</text>
</appropriations-small><appropriations-small id="H77D01022A59A49D48D96F44A1C79B978"><header>Rail line relocation and
improvement program</header><text display-inline="no-display-inline">For
necessary expenses of carrying out section 20154 of title 49, United States
Code, $40,000,000, to remain available until
expended.</text>
</appropriations-small><appropriations-small id="H5EF15034E0D64AE08B26EE71F7B60E82"><header>Capital assistance for high
speed rail corridors and intercity passenger rail service</header><text display-inline="no-display-inline">To enable the Secretary of Transportation to
make 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: <italic>Provided</italic>, 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: <italic>Provided further</italic>, 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: <italic>Provided
further</italic>, 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:
<italic>Provided further</italic>, That the Secretary shall issue regulations
covering application procedures and grant criteria for the passenger rail
grants provided under this paragraph: <italic>Provided further</italic>, That
the Federal share payable of the costs for which financial assistance is made
under this paragraph shall not exceed 80 percent: <italic>Provided
further</italic>, 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: <italic>Provided further</italic>, That a project need not be
in a state rail plan developed under chapter 227 of title 49, United States
Code, to be eligible for assistance under this heading: <italic>Provided
further</italic>, 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:
<italic>Provided further</italic>, 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:
<italic>Provided further</italic>, 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; <italic>Provided further</italic>, 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.</text>
</appropriations-small><appropriations-small id="H06AF8662EC63433F8AC03976C52E0588"><header>Operating grants to the national
railroad passenger corporation</header><text display-inline="no-display-inline">To enable the Secretary of Transportation to
make quarterly grants to the National Railroad Passenger Corporation for the
operation of intercity passenger rail, as authorized by section 101(a) of the
Passenger Rail Investment and Improvement Act of 2008 (division B of Public Law
110–432), $553,348,000, to remain available
until September 30, 2010: <italic>Provided</italic>, 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: <italic>Provided further</italic>,
That each such grant request shall be accompanied by a detailed financial
analysis, revenue projection, and capital expenditure projection justifying the
Federal support to the Secretary's satisfaction:<italic>Provided
further</italic>, That 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:
<italic>Provided further</italic>, 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:
<italic>Provided further</italic>, 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: <italic>Provided
further</italic>, 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: <italic>Provided further</italic>, 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):
<italic>Provided further</italic>, 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: <italic>Provided
further</italic>, 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 Public Law
110–432): <italic>Provided further</italic>, 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: <italic>Provided
further</italic>, 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: <italic>Provided further</italic>, That said
fleet plan shall establish year-specific goals and milestones and discuss
potential, current, and preferred financing options for all such activities:
<italic>Provided further</italic>, 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: <italic>Provided further</italic>, 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:
<italic>Provided further</italic>, 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: <italic>Provided
further</italic>, That none of the funds under this heading may be obligated or
expended until the Corporation agrees to continue abiding by the provisions of
paragraphs 1, 2, 5, 9, and 11 of the summary of conditions for the direct loan
agreement of June 28, 2002, in the same manner as in effect on the date of
enactment of this Act.</text>
</appropriations-small><appropriations-small id="H4382A4AAC6EA4B51A280518E05DD5116"><header>NATIONAL RAILROAD PASSENGER
CORPORATION OFFICE OF THE INSPECTOR GENERAL</header>
</appropriations-small><appropriations-small id="HFCD950C2A7704A949B38C60F5DAB24CE"><text display-inline="no-display-inline">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 Public Law
110–432),
$19,000,000.</text>
</appropriations-small><appropriations-small id="HE69AB1A3FEBA40BA89921F3DCBC9606F"><header>Capital and debt service grants
to the national railroad passenger corporation</header><text display-inline="no-display-inline">To enable the Secretary of Transportation to
make 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 Public Law 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:
<italic>Provided</italic>, 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: <italic>Provided further</italic>, That the
Secretary shall approve funding for capital expenditures, including advance
purchase orders of materials, for the Corporation only after receiving and
reviewing a grant request for each specific capital project justifying the
Federal support to the Secretary's satisfaction: <italic>Provided
further</italic>, That none of the funds under this heading may be used to
subsidize operating losses of the Corporation: <italic>Provided
further</italic>, That none of the funds under this heading may be used for
capital projects not approved by the Secretary of Transportation or on the
Corporation's fiscal year 2010 business plan.</text>
</appropriations-small><appropriations-small id="H96F07E60425D42C0A92FD23A4E22C534"><header>Administrative
provisions—federal railroad administration</header>
</appropriations-small></section><section id="HDE12399379194F78AF6FAE1300296D33"><enum>151.</enum><text>The Secretary may
purchase promotional items of nominal value for use in public outreach
activities to accomplish the purposes of 49 U.S.C. 20134:
<italic>Provided</italic>, That the Secretary shall prescribe guidelines for
the administration of such purchases and use.</text>
</section><section id="H015EDDAA645340A692330AADB3A48F35"><enum>152.</enum><text>Hereafter,
notwithstanding any other provision of law, funds provided in this Act for the
National Railroad Passenger Corporation shall immediately cease to be available
to said Corporation in the event that the Corporation contracts to have
services provided at or from any location outside the United States. For
purposes of this section, the word <quote>services</quote> shall mean any
service that was, as of July 1, 2006, performed by a full-time or part-time
Amtrak employee whose base of employment is located within the United
States.</text>
</section><section id="H0322A1BF8A4A47B0AEB84DFDE0DD9AA8"><enum>153.</enum><text>The Secretary of
Transportation may receive and expend cash, or receive and utilize spare parts
and similar items, from non-United States Government sources to repair damages
to or replace United States Government owned automated track inspection cars
and equipment as a result of third party liability for such damages, and any
amounts collected under this section shall be credited directly to the Safety
and Operations account of the Federal Railroad Administration, and shall remain
available until expended for the repair, operation and maintenance of automated
track inspection cars and equipment in connection with the automated track
inspection program.</text>
</section><section id="HAC48EB37F375472BB000E020F1DF0BD9"><enum>154.</enum><text>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.</text>
</section><section id="HD05F83D7D4614982A49F97942CE2CF3E"><enum>155.</enum><text>In the
Explanatory Statement referenced in division I of Public Law 111–8 under the
heading Railroad Research and Development the item relating to <quote>San
Gabriel trench grade separation project, Alameda Corridor, CA</quote> is deemed
to be amended by inserting <quote>Alameda Corridor East Construction Authority
Grade Separations, CA.</quote>.</text>
</section><section id="H7556007CC2BB444D9333390A2D0B2DB8"><enum>156.</enum><text>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
<quote>Mt. Vernon railroad cut, NY</quote> is deemed to be amended by inserting
<quote>Rail Line and Station Improvement and Rehabilitation, Mount Vernon,
NY.</quote>.</text>
<appropriations-intermediate id="HB266AF930A5E434C944440AAC11A2AF0"><header>Federal transit
administration</header>
</appropriations-intermediate><appropriations-small id="H20C63EE561E247DD83E38BBB47700724"><header>Administrative
expenses</header>
</appropriations-small><appropriations-small id="HDF4D3F45A93E4006A60572246BAF26F0"><text display-inline="no-display-inline">For necessary administrative expenses of the
Federal Transit Administration's programs authorized by chapter 53 of title 49,
United States Code, $97,478,000:
<italic>Provided</italic>, That of the funds available under this heading, not
to exceed $1,809,000 shall be available for
travel:<italic>Provided further</italic>, That none of the funds provided or
limited in this Act may be used to create a permanent office of transit
security under this heading:<italic>Provided further</italic>, That 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:<italic>Provided further</italic>, 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.</text>
</appropriations-small><appropriations-small id="HCA119AD48D40414781596A9163AACFF4"><header>Formula and bus
grants</header>
</appropriations-small><appropriations-small id="H6E55AF428F444F78B526EAA85AAAC992"><header>(liquidation of contract
authority)</header>
</appropriations-small><appropriations-small id="HC11D0D5C1B0F47048630A3B49B79D633"><header>(limitation on
obligations)</header>
</appropriations-small><appropriations-small id="H685A446A2FA24D4A9F0923DEDF7A5E0C"><header>(highway trust
fund)</header><text display-inline="no-display-inline">For payment of
obligations incurred in carrying out the provisions of 49 U.S.C. 5305, 5307,
5308, 5309, 5310, 5311, 5316, 5317, 5320, 5335, 5339, and 5340 and section 3038
of Public Law 105–178, as amended,
$8,852,000,000 to be derived from the Mass
Transit Account of the Highway Trust Fund and to remain available until
expended: <italic>Provided</italic>, That funds available for the
implementation or execution of programs authorized under 49 U.S.C. 5305, 5307,
5308, 5309, 5310, 5311, 5316, 5317, 5320, 5335, 5339, and 5340 and section 3038
of Public Law 105–178, as amended, shall not exceed total obligations of
$8,343,171,000 in fiscal year
2010.</text>
</appropriations-small><appropriations-small id="H6348D7DEC2B74CCFA1BB3FA60C0238FE"><header>Research and university research
centers</header><text display-inline="no-display-inline">For necessary expenses
to carry out 49 U.S.C. 5306, 5312–5315, 5322, and 5506,
$65,670,000, to remain available until expended:
<italic>Provided</italic>, That $10,000,000 is
available to carry out the transit cooperative research program under section
5313 of title 49, United States Code, $4,300,000
is available for the National Transit Institute under section 5315 of title 49,
United States Code, and $7,000,000 is available
for university transportation centers program under section 5506 of title 49,
United States Code: <italic>Provided further</italic>, That
$44,370,000 is available to carry out national
research programs under sections 5312, 5313, 5314, and 5322 of title 49, United
States Code.</text>
</appropriations-small><appropriations-small id="HF8225711C43B43748EB3FCC293ECA60D"><header>Capital investment
grants</header>
</appropriations-small><appropriations-small id="HC159D396BD8843518CE0E9E00FCCF810"><header>(Including Transfer of
Funds)</header><text display-inline="no-display-inline">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: <italic>Provided</italic>, That
$2,000,000, shall be transferred to the
Department of Transportation Office of Inspector General from funds set aside
for the execution of contracts pursuant to section 5327(c) of title 49, United
States Code, for costs associated with audits and investigations of
transit-related issues, including reviews of new fixed guideway
systems.</text>
</appropriations-small><appropriations-small id="HFFD7920DB1BC475F95BB590C0A13489A"><header>WASHINGTON METROPOLITAN AREA
TRANSIT AUTHORITY</header><text display-inline="no-display-inline">For
necessary expenses to carry out section 601 of division B of Public Law
110–432, $150,000,000, to remain available until
expended.</text>
</appropriations-small><appropriations-small id="H87A1C3CF775841A2B74275F99CB8EDFF"><header>Administrative
provisions—federal transit administration</header>
</appropriations-small></section><section id="HA39844C338F545D0810716EB5D27FACF"><enum>160.</enum><text>The limitations
on obligations for the programs of the Federal Transit Administration shall not
apply to any authority under 49 U.S.C. 5338, previously made available for
obligation, or to any other authority previously made available for
obligation.</text>
</section><section id="HC3C7595D92CE4F09BBFB9CD07508FD32"><enum>161.</enum><text>Notwithstanding
any other provision of law, funds appropriated or limited by this Act under
<quote>Federal Transit Administration, Capital Investment Grants</quote> and
for bus and bus facilities under <quote>Federal Transit Administration, Formula
and Bus Grants</quote> for projects specified in this Act or identified in
reports accompanying this Act not obligated by September 30, 2012, and other
recoveries, shall be directed to projects eligible to use the funds for the
purposes for which they were originally provided.</text>
</section><section id="HE64AD1BCE0894A8C890E37D5146AFCD2"><enum>162.</enum><text>Notwithstanding
any other provision of law, any funds appropriated before October 1, 2009,
under any section of chapter 53 of title 49, United States Code, that remain
available for expenditure, may be transferred to and administered under the
most recent appropriation heading for any such section.</text>
</section><section id="H596C281FDB5C4DC095E0A88C6E11F1C7"><enum>163.</enum><text>Notwithstanding
any other provision of law, unobligated funds made available for new fixed
guideway system projects under the heading <quote>Federal Transit
Administration, Capital investment grants</quote> in any appropriations Act
prior to this Act may be used during this fiscal year to satisfy expenses
incurred for such projects.</text>
</section><section id="H65D4FE213313420C91C27FB4638BCC1F"><enum>164.</enum><text>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: <italic>Provided</italic>,
That the Secretary shall have the discretion to determine, through practicable
administrative procedures, the costs attributable to the system and
related-equipment.</text>
</section><section id="HD639F47426154FA0B5A8C3A3C347CD40"><enum>165.</enum><text>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.</text>
</section><section id="H58C2D6D4319F413CB8F7AA4F792A2E17"><enum>166.</enum><subsection commented="no" display-inline="yes-display-inline" id="H4A1E0E96E41C4C5A8998568355B172C1"><enum>(a)</enum><text>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 <quote>Broward County Southwest
Transit Facility</quote> in the table of projects under the heading <quote>Bus
and Bus Facilities</quote> is deemed to be amended by striking
<quote>Southwest</quote> and inserting <quote>Ravenswood</quote>.</text>
</subsection><subsection changed="deleted" id="HCEBA3F8FB50045019B213D7B0553F530" reported-display-style="strikethrough"><enum>(b)</enum><text>The explanatory
statement referenced in section 186 of title I of division I of Public Law
111–8 for <quote>Alternatives analysis</quote> under <quote>Federal Transit
Administration–Formula and Bus Grants</quote> is deemed to be amended by
striking <quote>Hudson–Bergen Light Rail Extension Route 440, North Bergen,
NJ</quote> and inserting <quote>Hudson–Bergen Light Rail Extension Route 440,
Jersey City, NJ</quote>.</text>
</subsection><subsection changed="deleted" id="H979105895A744A91A15ECF5137BAC93A" reported-display-style="strikethrough"><enum>(c)</enum><text>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.</text>
</subsection></section><appropriations-intermediate id="HF9B562E598D0486EB8DE0D9EBDD24367"><header>Saint lawrence seaway
development corporation</header><text display-inline="no-display-inline">The
Saint Lawrence Seaway Development Corporation is hereby authorized to make such
expenditures, within the limits of funds and borrowing authority available to
the Corporation, and in accord with law, and to make such contracts and
commitments without regard to fiscal year limitations as provided by section
104 of the Government Corporation Control Act, as amended, as may be necessary
in carrying out the programs set forth in the Corporation's budget for the
current fiscal year.</text>
</appropriations-intermediate><appropriations-small id="H7D8B3B04DCC44ECB8480C557EFDC4BF4"><header>Operations and
maintenance</header>
</appropriations-small><appropriations-small id="HF5566BBD36864E949FF74EDEA7AFC9C2"><header>(harbor maintenance trust
fund)</header><text display-inline="no-display-inline">For necessary expenses
for operations, maintenance, and capital asset renewal of those portions of the
Saint Lawrence Seaway owned, operated, and maintained by the Saint Lawrence
Seaway Development Corporation, $32,324,000, to
be derived from the Harbor Maintenance Trust Fund, pursuant to Public Law
99–662.</text>
</appropriations-small><appropriations-intermediate id="H369093C824924B76A88F7FF83F163F7A"><header>Maritime
administration</header>
</appropriations-intermediate><appropriations-small id="H32C253147E9341418DB8887504671FBD"><header>Maritime security
program</header><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-small id="HB94B6AF936564EFDB372795325819D61"><header>Operations and
training</header><text display-inline="no-display-inline">For necessary
expenses of operations and training activities authorized by law,
$140,900,000, of which
$31,677,000 shall remain available 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.</text>
</appropriations-small><appropriations-small id="H76D5B3A59F4343F5B3EE83634C823207"><header>Ship disposal</header><text display-inline="no-display-inline">For necessary expenses related to the
disposal of obsolete vessels in the National Defense Reserve Fleet of the
Maritime Administration, $15,000,000, to remain
available until expended.</text>
</appropriations-small><appropriations-small id="H1E0B0AEFF3DC4756A7DAD6BFFDDF103A"><header>Maritime guaranteed loan (Title
XI) program account</header>
</appropriations-small><appropriations-small id="HAC73C617FC2C401C97B684962FCB1A1E"><header>(including transfer of
funds)</header><text display-inline="no-display-inline">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 <quote>Operations and Training</quote>,
Maritime Administration.</text>
</appropriations-small><appropriations-small id="H398AE8D076594EB1A8494A2642732D08"><header>Administrative
provisions—maritime administration</header>
</appropriations-small><section id="HABEC9D80A9464CBEB24DD0AE18B25AAA"><enum>175.</enum><text>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: <italic>Provided</italic>,
That rental payments under any such lease, contract, or occupancy for items
other than such utilities, services, or repairs shall be covered into the
Treasury as miscellaneous receipts.</text>
</section><section id="HA96EA2AC7E444AA4823ABBC56223164F"><enum>176.</enum><text>Section 51314 of
title 46, United States Code, is amended in subsection (b) by inserting at the
end <quote>Such fees shall be credited to the Maritime Administration’s
Operations and Training appropriation, to remain available until expended, for
those expenses directly related to the purposes of the fees. Fees collected in
excess of actual expenses may be refunded to the Midshipmen through a mechanism
approved by the Secretary. The Academy shall maintain a separate and detailed
accounting of fee revenue and all associated expenses.</quote>.</text>
<appropriations-intermediate id="HFF6267466BDE463E89BDB37F7EE9CCD9"><header>Pipeline and hazardous materials
safety administration</header>
</appropriations-intermediate><appropriations-small id="H291CAE7D00984263B65525CF69198BA8"><header>Operational
expenses</header>
</appropriations-small><appropriations-small id="H865E5FEA239743A9A1238C7FE59106BD"><header>(pipeline safety
fund)</header><text display-inline="no-display-inline">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: <italic>Provided</italic>, That
$1,000,000 shall be transferred to
<quote>Pipeline Safety</quote> in order to fund <quote>Pipeline Safety
Information Grants to Communities</quote> as authorized under section 60130 of
title 49, United States Code.</text>
</appropriations-small><appropriations-small id="H7FBAD5CFE4024518B7C65CB96216AE43"><header>Hazardous materials
safety</header><text display-inline="no-display-inline">For expenses necessary
to discharge the hazardous materials safety functions of the Pipeline and
Hazardous Materials Safety Administration,
$36,500,000, of which
$2,699,000 shall remain available until
September 30, 2012: <italic>Provided</italic>, That up to
$800,000 in fees collected under 49 U.S.C.
5108(g) shall be deposited in the general fund of the Treasury as offsetting
receipts: <italic>Provided further</italic>, That there may be credited to this
appropriation, to be available until expended, funds received from states,
counties, municipalities, other public authorities, and private sources for
expenses incurred for training, for reports publication and dissemination, and
for travel expenses incurred in performance of hazardous materials exemptions
and approvals functions.</text>
</appropriations-small><appropriations-small id="HBFD09656DEA24712A5274F68FB7F66E2"><header>Pipeline
safety</header>
</appropriations-small><appropriations-small id="H314C85A702B94164B15B69E558A61AC7"><header>(pipeline safety
fund)</header>
</appropriations-small><appropriations-small id="H762F353C00C841D4AC0CE736D9171C49"><header>(oil spill liability trust
fund)</header><text display-inline="no-display-inline">For expenses necessary
to conduct the functions of the pipeline safety program, for grants-in-aid to
carry out a pipeline safety program, as authorized by 49 U.S.C. 60107, and to
discharge the pipeline program responsibilities of the Oil Pollution Act of
1990, $105,239,000, of which
$18,905,000 shall be derived from the Oil Spill
Liability Trust Fund and shall remain available until September 30, 2012; and
of which $86,334,000 shall be derived from the
Pipeline Safety Fund, of which $47,332,000 shall
remain available until September 30, 2012.</text>
</appropriations-small><appropriations-small id="HD2DE159905C942B7A4569FDAC5D7423D"><header>Emergency preparedness
grants</header>
</appropriations-small><appropriations-small id="H553681D04A904A999002298808FBEBA3"><header>(emergency preparedness
fund)</header><text display-inline="no-display-inline">For necessary expenses
to carry out 49 U.S.C. 5128(b), $188,000, to be
derived from the Emergency Preparedness Fund, to remain available until
September 30, 2011: <italic>Provided</italic>, That not more than
$28,318,000 shall be made available for
obligation in fiscal year 2010 from amounts made available by 49 U.S.C. 5116(i)
and 5128(b)–(c): <italic>Provided further</italic>, That none of the funds made
available by 49 U.S.C. 5116(i), 5128(b), or 5128(c) shall be made available for
obligation by individuals other than the Secretary of Transportation, or his or
her designee.</text>
</appropriations-small><appropriations-intermediate id="H7D79C809AEC348B287B2C21C77DFFD36"><header>Research and innovative
technology administration</header>
</appropriations-intermediate><appropriations-small id="H52E7DC99126743DEBBF81EBBBD218D4E"><header>Research and
development</header><text display-inline="no-display-inline">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: <italic>Provided</italic>, That there may be credited to
this appropriation, to be available until expended, funds received from States,
counties, municipalities, other public authorities, and private sources for
expenses incurred for training.</text>
</appropriations-small><appropriations-intermediate id="H011874AA95504DAC84C0BC1F71B41B21"><header>Office of inspector
general</header>
</appropriations-intermediate><appropriations-small id="HE86559F687554E6DAC0947F334F901FD"><header>Salaries and
expenses</header><text display-inline="no-display-inline">For necessary
expenses of the Office of Inspector General to carry out the provisions of the
Inspector General Act of 1978, as amended,
$74,839,000: <italic>Provided</italic>, That the
Inspector General shall have all necessary authority, in carrying out the
duties specified in the Inspector General Act, as amended (5 U.S.C. App. 3), to
investigate allegations of fraud, including false statements to the government
(18 U.S.C. 1001), by any person or entity that is subject to regulation by the
Department: <italic>Provided further</italic>, That the funds made available
under this heading shall be used to investigate, pursuant to section 41712 of
title 49, United States Code: (1) unfair or deceptive practices and unfair
methods of competition by domestic and foreign air carriers and ticket agents;
and (2) the compliance of domestic and foreign air carriers with respect to
item (1) of this proviso.</text>
</appropriations-small><appropriations-intermediate id="H2A343AECBBF74B23B018E8518C39ABFD"><header>Surface transportation
board</header>
</appropriations-intermediate><appropriations-small id="HC3D7691F408D4A08B3F7D4F52C6105CC"><header>Salaries and
expenses</header><text display-inline="no-display-inline">For necessary
expenses of the Surface Transportation Board, including services authorized by
5 U.S.C. 3109, $29,800,000:
<italic>Provided</italic>, That notwithstanding any other provision of law, not
to exceed $1,250,000 from fees established by
the Chairman of the Surface Transportation Board shall be credited to this
appropriation as offsetting collections and used for necessary and authorized
expenses under this heading: <italic>Provided further</italic>, That the sum
herein appropriated from the general fund shall be reduced on a
dollar-for-dollar basis as such offsetting collections are received during
fiscal year 2010, to result in a final appropriation from the general fund
estimated at no more than
$28,550,000.</text>
</appropriations-small><appropriations-intermediate id="HBA7B7AE4A0C145A2995F78E95DEAA832"><header>General provisions—department of
transportation</header>
</appropriations-intermediate></section><section id="HDF31B5F0162040FA897DD1FA03170F1B"><enum>180.</enum><text>During the
current fiscal year applicable appropriations to the Department of
Transportation shall be available for maintenance and operation of aircraft;
hire of passenger motor vehicles and aircraft; purchase of liability insurance
for motor vehicles operating in foreign countries on official department
business; and uniforms or allowances therefor, as authorized by law (5 U.S.C.
5901–5902).</text>
</section><section id="H4C30E60E813F4F4D8C3E280ACB3DC706"><enum>181.</enum><text>Appropriations
contained in this Act for the Department of Transportation shall be available
for services as authorized by 5 U.S.C. 3109, but at rates for individuals not
to exceed the per diem rate equivalent to the rate for an Executive Level
IV.</text>
</section><section id="H44A786C0450D47E7AC8889D9840ECB53"><enum>182.</enum><text>None of the funds
in this Act shall be available for salaries and expenses of more than 110
political and Presidential appointees in the Department of Transportation:
<italic>Provided</italic>, That none of the personnel covered by this provision
may be assigned on temporary detail outside the Department of
Transportation.</text>
</section><section id="H575553B8A27E40E6B7842945922A73D9"><enum>183.</enum><text>None of the funds
in this Act shall be used to implement section 404 of title 23, United States
Code.</text>
</section><section id="HEAA21F044FF64CBD8693671B9DD22B1A"><enum>184.</enum><subsection commented="no" display-inline="yes-display-inline" id="H6F0564C6B0884F71A065797C03705D9C"><enum>(a)</enum><text>No recipient of funds
made available in this Act shall disseminate personal information (as defined
in 18 U.S.C. 2725(3)) obtained by a State department of motor vehicles in
connection with a motor vehicle record as defined in 18 U.S.C. 2725(1), except
as provided in 18 U.S.C. 2721 for a use permitted under 18 U.S.C. 2721.</text>
</subsection><subsection changed="deleted" id="H605711F52C8A41109EFA2914B170508F" reported-display-style="strikethrough"><enum>(b)</enum><text>Notwithstanding
subsection (a), the Secretary shall not withhold funds provided in this Act for
any grantee if a State is in noncompliance with this provision.</text>
</subsection></section><section id="HED9BFFB5D0744653A9DEA644F739A89D"><enum>185.</enum><text>Funds received by
the Federal Highway Administration, Federal Transit Administration, and Federal
Railroad Administration from States, counties, municipalities, other public
authorities, and private sources for expenses incurred for training may be
credited respectively to the Federal Highway Administration's
<quote>Federal-Aid Highways</quote> account, the Federal Transit
Administration's <quote>Research and University Research Centers</quote>
account, and to the Federal Railroad Administration's <quote>Safety and
Operations</quote> account, except for State rail safety inspectors
participating in training pursuant to 49 U.S.C. 20105.</text>
</section><section id="HD36488EEBF78426DAB400F13D4E5D505"><enum>186.</enum><text>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 <quote>Ferry Boats and Ferry Terminal Facilities</quote>,
<quote>Federal Lands</quote>, <quote>Interstate Maintenance
Discretionary</quote>, <quote>Transportation, Community and System Preservation
Program</quote>, <quote>Delta Region Transportation Development
Program</quote>, <quote>Rail Line Relocation and Improvement Program</quote>,
<quote>Rail-highway crossing hazard eliminations</quote>, <quote>Alternatives
analysis</quote>, and <quote>Bus and bus facilities</quote>.</text>
</section><section id="H93D2E5FD1ECE4CEA9DEE3013DA3B28DD"><enum>187.</enum><text>Notwithstanding
any other provisions of law, rule or regulation, the Secretary of
Transportation is authorized to allow the issuer of any preferred stock
heretofore sold to the Department to redeem or repurchase such stock upon the
payment to the Department of an amount determined by the Secretary.</text>
</section><section id="H83AC7022E77A4CB8B9FB4989BD9E2A8E"><enum>188.</enum><text>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: <italic>Provided</italic>, That the
Secretary gives concurrent notification to the House and Senate Committees on
Appropriations for any <quote>quick release</quote> of funds from the emergency
relief program: <italic>Provided further</italic>, That no notification shall
involve funds that are not available for obligation.</text>
</section><section id="H95570F0288284CD4BC6FDEB9D5139008"><enum>189.</enum><text>Rebates, refunds,
incentive payments, minor fees and other funds received by the Department of
Transportation from travel management centers, charge card programs, the
subleasing of building space, and miscellaneous sources are to be credited to
appropriations of the Department of Transportation and allocated to elements of
the Department of Transportation using fair and equitable criteria and such
funds shall be available until expended.</text>
</section><section id="H25F0239786F84D1A96364598F228D00C"><enum>190.</enum><text>Amounts made
available in this or any other Act that the Secretary determines represent
improper payments by the Department of Transportation to a third party
contractor under a financial assistance award, which are recovered pursuant to
law, shall be available—</text>
<paragraph id="HCD821F62239646E6B6BB5080FDFED59F"><enum>(1)</enum><text>to reimburse the
actual expenses incurred by the Department of Transportation in recovering
improper payments; and</text>
</paragraph><paragraph id="H3F95CCA9EAB84E80BC4CDBDCC52E8390"><enum>(2)</enum><text>to pay contractors
for services provided in recovering improper payments or contractor support in
the implementation of the Improper Payments Information Act of 2002:
<italic>Provided</italic>, That amounts in excess of that required for
paragraphs (1) and (2)—</text>
<subparagraph id="H3D5289EB72244E458CE449241D1A8677"><enum>(A)</enum><text>shall be credited
to and merged with the appropriation from which the improper payments were
made, and shall be available for the purposes and period for which such
appropriations are available; or</text>
</subparagraph><subparagraph id="HB54BC959DD2E45C691FA65805660C063"><enum>(B)</enum><text>if no such
appropriation remains available, shall be deposited in the Treasury as
miscellaneous receipts: <italic>Provided further</italic>, That prior to the
transfer of any such recovery to an appropriations account, the Secretary shall
notify the House and Senate Committees on Appropriations the amount and reasons
for such transfer: <italic>Provided further</italic>, That for purposes of this
section, the term <quote>improper payments</quote>, has the same meaning as
that provided in section 2(d)(2) of Public Law 107–300.</text>
</subparagraph></paragraph></section><section id="HB063D50D3AA0471C9F2A97A724C55BB9"><enum>191.</enum><text>Notwithstanding
any other provision of law, if any funds provided in or limited by this Act are
subject to a reprogramming action that requires notice to be provided to the
House and Senate Committees on Appropriations, said reprogramming action shall
be approved or denied solely by the Committees on Appropriations:
<italic>Provided</italic>, That the Secretary may provide notice to other
congressional committees of the action of the Committees on Appropriations on
such reprogramming but not sooner than 30 days following the date on which the
reprogramming action has been approved or denied by the House and Senate
Committees on Appropriations.</text>
</section><section id="H75C2FC309D4345E8A4B6EFD2BB002EC1"><enum>192.</enum><text>None of the funds
appropriated or otherwise made available under this Act may be used by the
Surface Transportation Board of the Department of Transportation to charge or
collect any filing fee for rate complaints filed with the Board in an amount in
excess of the amount authorized for district court civil suit filing fees under
section 1914 of title 28, United States Code.</text>
</section><section id="H857F013D01EC4198BE183DBB0CB1FA4A"><enum>193.</enum><text>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 No. 13150 and section 3049 of Public Law
109–59: <italic>Provided</italic>, that the Department shall include adequate
safeguards in the contract with the vendors to ensure timely and high quality
performance under the contract.</text>
<appropriations-small id="HC0A1EB28A8CE4869ACDC1204690B3B6A"><text display-inline="no-display-inline">This title may be cited as the
<quote><short-title>Department of Transportation
Appropriations Act, 2010</short-title></quote>.</text>
</appropriations-small><appropriations-major id="H749C21F638A942C3ACE0A746A13F4A23"><header>TITLE
II</header>
</appropriations-major><appropriations-major id="H5EE085380D2C4A82BE046DB160A7D401"><header>DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT</header>
</appropriations-major><appropriations-intermediate id="HFBB844E59D274BDDB4D7710F76AFDAEE"><header>Management and
administration</header>
</appropriations-intermediate><appropriations-intermediate id="HE3DFB59CBBD94D2588E79601FBDBDBB7"><header>Executive
direction</header><text display-inline="no-display-inline">For necessary
salaries and expenses for Executive Direction,
$25,969,000, of which not to exceed
$4,619,000 shall be available for the immediate
Office of the Secretary and Deputy Secretary; not to exceed
$1,703,000 shall be available for the Office of
Hearings and Appeals; not to exceed $778,000
shall be available for the Office of Small and Disadvantaged Business
Utilization; not to exceed $727,000 shall be
available for the immediate Office of the Chief Financial Officer; not to
exceed $1,474,000 shall be available for the
immediate Office of the General Counsel; not to exceed
$2,912,000 shall be available to the Office of
the Assistant Secretary for Congressional and Intergovernmental Relations; not
to exceed $3,110,000 shall be available for the
Office of the Assistant Secretary for Public Affairs; not to exceed
$1,218,000 shall be available for the Office of
the Assistant Secretary for Administration; not to exceed
$2,125,000 shall be available to the Office of
the Assistant Secretary for Public and Indian Housing; not to exceed
$1,781,000 shall be available to the Office of
the Assistant Secretary for Community Planning and Development; not to exceed
$3,497,000 shall be available to the Office of
the Assistant Secretary for Housing, Federal Housing Commissioner; not to
exceed $1,097,000 shall be available to the
Office of the Assistant Secretary for Policy Development and Research; and not
to exceed $928,000 shall be available to the
Office of the Assistant Secretary for Fair Housing and Equal Opportunity:
<italic>Provided</italic>, That the Secretary of the Department of Housing and
Urban Development is authorized to transfer funds appropriated for any office
funded under this heading to any other office funded under this heading
following written notification to the House and Senate Committees on
Appropriations: <italic>Provided further</italic>, That no appropriation for
any office shall be increased or decreased by more than 5 percent by all such
transfers: <italic>Provided further</italic>, That notice of any change in
funding greater than 5 percent shall be submitted for prior approval to the
House and Senate Committees on Appropriations: <italic>Provided
further</italic>, That the Secretary shall provide the Committees on
Appropriations quarterly written notification regarding the status of pending
congressional reports: <italic>Provided further</italic>, That the Secretary
shall provide all signed reports required by Congress electronically:
<italic>Provided further</italic>, That not to exceed
$25,000 of the amount made available under this
paragraph for the immediate Office of the Secretary shall be available for
official reception and representation expenses as the Secretary may
determine.</text>
</appropriations-intermediate><appropriations-small id="HC596FE0B1FAB4EBD83976EED6E2A90C8"><header>Administration, operations and
management</header><text display-inline="no-display-inline">For necessary
salaries and expenses for administration, operations and management for the
Department of Housing and Urban Development,
$537,897,000, of which not to exceed
$76,958,000 shall be available for the personnel
compensation and benefits of the Office of Administration; not to exceed
$11,277,000 shall be available for the personnel
compensation and benefits of the Office of Departmental Operations and
Coordination; not to exceed $51,275,000 shall be
available for the personnel compensation and benefits of the Office of Field
Policy and Management; not to exceed $14,649,000
shall be available for the personnel compensation and benefits of the Office of
the Chief Procurement Officer; not to exceed
$35,197,000 shall be available for the personnel
compensation and benefits of the remaining staff in the Office of the Chief
Financial Officer; not to exceed $89,062,000
shall be available for the personnel compensation and benefits of the remaining
staff in the Office of the General Counsel; not to exceed
$3,296,000 shall be available for the personnel
compensation and benefits of the Office of Departmental Equal Employment
Opportunity; not to exceed $1,393,000 shall be
available for the personnel compensation and benefits for the Center for
Faith-Based and Community Initiatives; not to exceed
$2,400,000 shall be available for the personnel
compensation and benefits for the Office of Sustainability; not to exceed
$2,520,000 shall be available for the personnel
compensation and benefits for the Office of Strategic Planning and Management;
and not to exceed $249,870,000 shall be
available for non-personnel expenses of the Department of Housing and Urban
Development: <italic>Provided</italic>, That, funds provided under this heading
may be used for necessary administrative and non-administrative expenses of the
Department of Housing and Urban Development, not otherwise provided for,
including purchase of uniforms, or allowances therefor, as authorized by 5
U.S.C. 5901–5902; hire of passenger motor vehicles; services as authorized by 5
U.S.C. 3109: <italic>Provided further</italic>, That notwithstanding any other
provision of law, funds appropriated under this heading may be used for
advertising and promotional activities that support the housing mission area:
<italic>Provided further</italic>, That the Secretary of Housing and Urban
Development is authorized to transfer funds appropriated for any office
included in Administration, Operations and Management to any other office
included in Administration, Operations and Management only after such transfer
has been submitted to, and received prior written approval by, the House and
Senate Committees on Appropriations: <italic>Provided further</italic>, That no
appropriation for any office shall be increased or decreased by more than 10
percent by all such transfers.</text>
</appropriations-small><appropriations-intermediate id="H8B85029EC0A5402198BDC517CB52A107"><header>Personnel compensation and
benefits</header>
</appropriations-intermediate><appropriations-small id="H85EA6457D3A24A448D5F862AFD231587"><header>Public and indian
housing</header><text display-inline="no-display-inline">For necessary
personnel compensation and benefits expenses of the Office of Public and Indian
Housing,
$197,074,000.</text>
</appropriations-small><appropriations-small id="HDC0C342BD9B44A1DA2B7DAD6BDE0198D"><header>Community planning and
development</header><text display-inline="no-display-inline">For necessary
personnel compensation and benefits expenses of the Office of Community
Planning and Development mission area,
$98,989,000.</text>
</appropriations-small><appropriations-small id="H7933965C22124EEFA01290343FA619D0"><header>Housing</header><text display-inline="no-display-inline">For necessary personnel compensation and
benefits expenses of the Office of Housing,
$374,887,000.</text>
</appropriations-small><appropriations-small id="H2B70D5521F724D87812DE160208380BF"><header>Office of the government
national mortgage association</header><text display-inline="no-display-inline">For necessary personnel compensation and
benefits expenses of the Office of the Government National Mortgage
Association, $11,095,000, to be derived from the
GNMA guarantees of mortgage backed securities guaranteed loan receipt
account.</text>
</appropriations-small><appropriations-small id="H09D37E45BAF34B2397746C90C6D05649"><header>Policy development and
research</header><text display-inline="no-display-inline">For necessary
personnel compensation and benefits expenses of the Office of Policy
Development and Research,
$21,138,000.</text>
</appropriations-small><appropriations-small id="H58D6AA2AD59A449798BC4EFD3085818B"><header>Fair housing and equal
opportunity</header><text display-inline="no-display-inline">For necessary
personnel compensation and benefits expenses of the Office of Fair Housing and
Equal Opportunity,
$71,800,000.</text>
</appropriations-small><appropriations-small id="HC2AD98C9F1A34856A756C52BE1EA3DB5"><header>Office of healthy homes and lead
hazard control</header>
</appropriations-small><appropriations-small id="HD2EF8654F87640B596AD921EDC4D5F0B"><text display-inline="no-display-inline">For necessary personnel compensation and
benefits expenses of the Office of Healthy Homes and Lead Hazard Control,
$7,151,000.</text>
</appropriations-small><appropriations-intermediate id="HD4D3566F592B4CAA97FAD7A2C336E5C8"><header>Public and indian
housing</header>
</appropriations-intermediate><appropriations-small id="HEE04166A615B4E87B0078EF0E9358CF5"><header>Tenant-based rental
assistance</header>
</appropriations-small><appropriations-small id="H43D2FBE7567C45AB84F02361337F44D1"><text display-inline="no-display-inline">For activities and assistance for the
provision of tenant-based rental assistance authorized under the United States
Housing Act of 1937, as amended (42 U.S.C. 1437 et seq.) (<quote>the
Act</quote> herein), not otherwise provided for,
$14,242,200,000, 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: <italic>Provided</italic>,
That the amounts made available under this heading are provided as
follows:</text>
<paragraph id="H2EB342C0A9C243C0966E6E1F9545D2B2"><enum>(1)</enum><text>$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): <italic>Provided</italic>,
That notwithstanding any other provision of law, from amounts provided under
this paragraph and any carryover, the Secretary for the calendar year 2010
funding cycle shall provide renewal funding for each public housing agency
based on voucher management system (VMS) leasing and cost data for the most
recent Federal fiscal year and by applying the most recent Annual Adjustment
Factor as established by the Secretary, and by making any necessary adjustments
for the costs associated with deposits to family self-sufficiency program
escrow accounts or first-time renewals including tenant protection or HOPE VI
vouchers: <italic>Provided further</italic>, That none of the funds provided
under this paragraph may be used to fund a total number of unit months under
lease which exceeds a public housing agency's authorized level of units under
contract: <italic>Provided further</italic>, That the Secretary shall, to the
extent necessary to stay within the amount specified under this paragraph
(except as otherwise modified under this Act), pro rate each public housing
agency's allocation otherwise established pursuant to this paragraph:
<italic>Provided further</italic>, That except as provided in the last two
provisos, the entire amount specified under this paragraph (except as otherwise
modified under this Act) shall be obligated to the public housing agencies
based on the allocation and pro rata method described above, and the Secretary
shall notify public housing agencies of their annual budget not later than 60
days after enactment of this Act: <italic>Provided further</italic>, That the
Secretary may extend the 60-day notification period with the written approval
of the House and Senate Committees on Appropriations: <italic>Provided
further</italic>, That public housing agencies participating in the Moving to
Work demonstration shall be funded pursuant to their Moving to Work agreements
and shall be subject to the same pro rata adjustments under the previous
provisos: <italic>Provided further</italic>, That up to
$150,000,000 shall be available only: (1) to
adjust the allocations for public housing agencies, after application for an
adjustment by a public housing agency that experienced a significant increase,
as determined by the Secretary, in renewal costs of tenant-based rental
assistance resulting from unforeseen circumstances or from portability under
section 8(r) of the Act; (2) for adjustments for public housing agencies with
voucher leasing rates at the end of the calendar year that exceed the average
leasing for the 12-month period used to establish the allocation; (3) for
adjustments for the costs associated with VASH vouchers; or (4) for vouchers
that were not in use during the 12-month period in order to be available to
meet a commitment pursuant to section 8(o)(13) of the Act.</text>
</paragraph><paragraph id="HC5F1DD2D574444B28FBCC0DCFA26DD70"><enum>(2)</enum><text>$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: <italic>Provided</italic>, 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.</text>
</paragraph><paragraph id="H436E9579D2C8489A953215BB28894214"><enum>(3)</enum><text>$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: <italic>Provided</italic>, 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):
<italic>Provided further</italic>, That if the amounts made available under
this paragraph are insufficient to pay the amounts determined under the
previous proviso, the Secretary may decrease the amounts allocated to agencies
by a uniform percentage applicable to all agencies receiving funding under this
paragraph or may, to the extent necessary to provide full payment of amounts
determined under the previous proviso, utilize unobligated balances, including
recaptures and carryovers, remaining from funds appropriated to the Department
of Housing and Urban Development under this heading, for fiscal year 2009 and
prior fiscal years, notwithstanding the purposes for which such amounts were
appropriated: <italic>Provided further</italic>, That amounts provided under
this paragraph shall be only for activities related to the provision of
tenant-based rental assistance authorized under section 8, including related
development activities.</text>
</paragraph><paragraph id="H6C8C259EA7E6403EA332BE00E2A0D6F7"><enum>(4)</enum><text>$75,000,000
for incremental rental voucher assistance for use through a supported housing
program administered in conjunction with the Department of Veterans Affairs as
authorized under section 8(o)(19) of the United States Housing Act of 1937:
<italic>Provided</italic>, That the Secretary of Housing and Urban Development
shall make such funding available, notwithstanding section 204 (competition
provision) of this title, to public housing agencies that partner with eligible
VA Medical Centers or other entities as designated by the Secretary of the
Department of Veterans Affairs, based on geographical need for such assistance
as identified by the Secretary of the Department of Veterans Affairs, public
housing agency administrative performance, and other factors as specified by
the Secretary of Housing and Urban Development in consultation with the
Secretary of the Department of Veterans Affairs: <italic>Provided
further</italic>, That the Secretary of Housing and Urban Development may
waive, or specify alternative requirements for (in consultation with the
Secretary of the Department of Veterans Affairs), any provision of any statute
or regulation that the Secretary of Housing and Urban Development administers
in connection with the use of funds made available under this paragraph (except
for requirements related to fair housing, nondiscrimination, labor standards,
and the environment), upon a finding by the Secretary that any such waivers or
alternative requirements are necessary for the effective delivery and
administration of such voucher assistance: <italic>Provided further</italic>,
That assistance made available under this paragraph shall continue to remain
available for homeless veterans upon turn-over.</text>
</paragraph><paragraph id="H67C2C1DE98F84D33978AF8B2FD498A85"><enum>(5)</enum><text>$60,000,000
shall be for family self-sufficiency coordinators under section 23 of the
Act.</text>
</paragraph></appropriations-small><appropriations-small id="H607A230426C34652A077573C7947DC32"><header>Housing certificate
fund</header><text display-inline="no-display-inline">Unobligated balances,
including recaptures and carryover, remaining from funds appropriated to the
Department of Housing and Urban Development under this heading, the heading
<quote>Annual Contributions for Assisted Housing</quote> and the heading
<quote>Project-Based Rental Assistance</quote>, for fiscal year 2010 and prior
years may be used for renewal of or amendments to section 8 project-based
contracts and for performance-based contract administrators, notwithstanding
the purposes for which such funds were appropriated: <italic>Provided</italic>,
That any obligated balances of contract authority from fiscal year 1974 and
prior that have been terminated shall be
cancelled.</text>
</appropriations-small><appropriations-small id="HB9A8B6F8D09B4B0AAC25247C7DF929E2"><header>Public housing capital
fund</header>
</appropriations-small><appropriations-small id="HB844298D56CB4160838D48907DD607EE"><text display-inline="no-display-inline">For the Public Housing Capital Fund Program
to carry out capital and management activities for public housing agencies, as
authorized under section 9 of the United States Housing Act of 1937 (42 U.S.C.
1437g) (the <quote>Act</quote>) $2,500,000,000,
to remain available until September 30, 2013: <italic>Provided</italic>, That
notwithstanding any other provision of law or regulation, during fiscal year
2010 the Secretary of Housing and Urban Development may not delegate to any
Department official other than the Deputy Secretary and the Assistant Secretary
for Public and Indian Housing any authority under paragraph (2) of section 9(j)
regarding the extension of the time periods under such section:
<italic>Provided further</italic>, That for purposes of such section 9(j), the
term <quote>obligate</quote> means, with respect to amounts, that the amounts
are subject to a binding agreement that will result in outlays, immediately or
in the future: <italic>Provided further</italic>, That up to
$15,345,000 shall be to support the ongoing
Public Housing Financial and Physical Assessment activities of the Real Estate
Assessment Center (REAC): <italic>Provided further</italic>, That 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: <italic>Provided further</italic>, 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.):<italic>Provided further</italic>, That of the total amount provided
under this heading, up to $8,820,000 is to
support the costs of administrative and judicial receiverships:
<italic>Provided further</italic>, That from the funds made available under
this heading, the Secretary shall provide bonus awards in fiscal year 2010 to
public housing agencies that are designated high
performers.</text>
</appropriations-small><appropriations-small id="H06257C6479944E978BA440611C579EE0"><header>Public housing operating
fund</header><text display-inline="no-display-inline">For 2010 payments to
public housing agencies for the operation and management of public housing, as
authorized by section 9(e) of the United States Housing Act of 1937 (42 U.S.C.
1437g(e)),
$4,800,000,000.</text>
</appropriations-small><appropriations-small id="HC680237EA50A4DCC957E6294E7539EB6"><header>Revitalization of severely
distressed public housing (hope vi)</header><text display-inline="no-display-inline">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:
<italic>Provided</italic>, 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.</text>
</appropriations-small><appropriations-small id="HD652AF79854D485E95AC52C2B5F24572"><header>Native american housing block
grants</header><text display-inline="no-display-inline">For the Native American
Housing Block Grants program, as authorized under title I of the Native
American Housing Assistance and Self-Determination Act of 1996 (NAHASDA) (25
U.S.C. 4111 et seq.), $750,000,000, to remain
available until expended: <italic>Provided</italic>, That, notwithstanding the
Native American Housing Assistance and Self-Determination Act of 1996, to
determine the amount of the allocation under title I of such Act for each
Indian tribe, the Secretary shall apply the formula under section 302 of such
Act with the need component based on single-race Census data and with the need
component based on multi-race Census data, and the amount of the allocation for
each Indian tribe shall be the greater of the two resulting allocation amounts:
<italic>Provided further</italic>, That of the amounts made available under
this heading, $3,500,000 shall be contracted for
assistance for a national organization representing Native American housing
interests for providing training and technical assistance to Indian housing
authorities and tribally designated housing entities as authorized under
NAHASDA; and $4,250,000 shall be to support the
inspection of Indian housing units, contract expertise, training, and technical
assistance in the training, oversight, and management of such Indian housing
and tenant-based assistance, including up to
$300,000 for related travel: <italic>Provided
further</italic>, That of the amount provided under this heading,
$2,000,000 shall be made available for the cost
of guaranteed notes and other obligations, as authorized by title VI of
NAHASDA: <italic>Provided further</italic>, That such costs, including the
costs of modifying such notes and other obligations, shall be as defined in
section 502 of the Congressional Budget Act of 1974, as amended:
<italic>Provided further</italic>, That these funds are available to subsidize
the total principal amount of any notes and other obligations, any part of
which is to be guaranteed, not to exceed
$18,000,000.</text>
</appropriations-small><appropriations-small id="H7EC8D5C7F5B549C39D727D8D16BB148D"><header>Native hawaiian housing block
grant</header><text display-inline="no-display-inline">For the Native Hawaiian
Housing Block Grant program, as authorized under title VIII of the Native
American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4111
et seq.), $12,000,000, to remain available until
expended: <italic>Provided</italic>, That of this amount,
$300,000 shall be for training and technical
assistance activities, including up to $100,000
for related travel by Hawaii-based HUD employees.</text>
</appropriations-small><appropriations-small id="H18C1F805295D4A4C99855A187DDAECBC"><header>Indian housing loan guarantee
fund program account</header><text display-inline="no-display-inline">For the
cost of guaranteed loans, as authorized by section 184 of the Housing and
Community Development Act of 1992 (12 U.S.C. 1715z–13a),
$7,000,000, to remain available until expended:
<italic>Provided</italic>, That such costs, including the costs of modifying
such loans, shall be as defined in section 502 of the Congressional Budget Act
of 1974: <italic>Provided further</italic>, That these funds are available to
subsidize total loan principal, any part of which is to be guaranteed, up to
$919,000,000: <italic>Provided further</italic>,
That up to $750,000 shall be for administrative
contract expenses including management processes and systems to carry out the
loan guarantee program.</text>
</appropriations-small><appropriations-small id="H424BE2CCB1CF402FA5635D56237F31FF"><header>Native hawaiian housing loan
guarantee fund program account</header><text display-inline="no-display-inline">For the cost of guaranteed loans, as
authorized by section 184A of the Housing and Community Development Act of 1992
(12 U.S.C. 1715z–13b), $1,044,000, to remain
available until expended: <italic>Provided</italic>, That such costs, including
the costs of modifying such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974: <italic>Provided further</italic>, That these
funds are available to subsidize total loan principal, any part of which is to
be guaranteed, not to exceed
$41,504,255.</text>
</appropriations-small><appropriations-intermediate id="HA80485D047894C1CBCAE250BBD07EBFB"><header>Community planning and
development</header>
</appropriations-intermediate><appropriations-small id="H508B0CA50665404D812A27166C18760D"><header>Housing opportunities for
persons with aids</header>
</appropriations-small><appropriations-small id="H46B33FC58FA4431DAB5C5CDCCD95F311"><text display-inline="no-display-inline">For carrying out the Housing Opportunities
for Persons with AIDS program, as authorized by the AIDS Housing Opportunity
Act (42 U.S.C. 12901 et seq.), $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: <italic>Provided</italic>, That the Secretary shall renew
all expiring contracts for permanent supportive housing that were funded under
section 854(c)(3) of such Act that meet all program requirements before
awarding funds for new contracts and activities authorized under this
section.</text>
</appropriations-small><appropriations-small id="H945707EA08CC45A794C69188D5E35FD4"><header>Community development
fund</header>
</appropriations-small><appropriations-small id="H103FD788E29E45369A2B91EB5B9AA29E"><text display-inline="no-display-inline">For assistance to units of State and local
government, and to other entities, for economic and community development
activities, and for other purposes,
$4,598,607,000, to remain available until
September 30, 2012, unless otherwise specified: <italic>Provided</italic>, 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
<quote>Act</quote> herein) (42 U.S.C. 5301 et seq.): <italic>Provided
further</italic>, That unless explicitly provided for under this heading
(except for planning grants provided in the second paragraph and amounts made
available under the third paragraph), not to exceed 20 percent of any grant
made with funds appropriated under this heading shall be expended for planning
and management development and administration: <italic>Provided
further</italic>, That $65,000,000 shall be for
grants to Indian tribes notwithstanding section 106(a)(1) of such Act, of
which, notwithstanding any other provision of law (including section 204 of
this Act), up to $3,960,000 may be used for
emergencies that constitute imminent threats to health and safety.</text><text display-inline="no-display-inline">Of the amount made available under this
heading, $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:
<italic>Provided</italic>, That none of the funds provided under this paragraph
may be used for program operations: <italic>Provided further</italic>, That,
for fiscal years 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.</text><text display-inline="no-display-inline">Of the amount made available under this
heading, $16,000,000 shall be available for
neighborhood initiatives that are utilized to improve the conditions of
distressed and blighted areas and neighborhoods, to stimulate investment,
economic diversification, and community revitalization in areas with population
outmigration or a stagnating or declining economic base, or to determine
whether housing benefits can be integrated more effectively with welfare reform
initiatives: <italic>Provided</italic>, That amounts made available under this
paragraph shall be provided in accordance with the terms and conditions
specified in the explanatory statement accompanying this Act: <italic>Provided
further</italic>, That none of the funds made available under this heading may
be used for the construction and facility buildout of a multi-purpose complex
at Indiana University of Pennsylvania.</text><text display-inline="no-display-inline">The referenced statement of the managers
under this heading <quote>Community Planning and Development</quote> in title
II of division K of Public Law 110–161 is deemed to be amended by striking
<quote>Custer County, ID for acquisition of an unused middle school
building</quote> and inserting <quote>Custer County, ID, to construct a
community center</quote>.</text><text display-inline="no-display-inline">The
referenced statement of the managers under this heading <quote>Community
Planning and Development</quote> in title II of division I of Public Law 111–8
is deemed to be amended by striking <quote>Custer County, ID, to purchase a
middle school building</quote> and inserting <quote>Custer County, ID, to
construct a community center</quote>.</text><text display-inline="no-display-inline">Of the amounts made available under this
heading, $150,000,000 shall be made available
for a Sustainable Communities Initiative to stimulate improved regional
planning efforts that integrate housing and transportation decisions, and to
challenge communities to reform zoning and land use ordinances:
<italic>Provided</italic>, That $100,000,000
shall be for Regional Planning Grants to support the linking of transportation
and land use planning: <italic>Provided further</italic>, That
$40,000,000 shall be for Metropolitan Challenge
Grants to foster reform and reduce barriers to achieve affordable, economically
vital, and sustainable communities: <italic>Provided further</italic>, 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: <italic>Provided further</italic>,
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: <italic>Provided further</italic>, 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:
<italic>Provided further</italic>, 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.</text>
</appropriations-small><appropriations-small id="HC0CDC76E2D6945B7B3E54C9AAE5D5C50"><header>Community development loan
guarantees program account</header><text display-inline="no-display-inline">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):
<italic>Provided</italic>, That such costs, including the cost of modifying
such loans, shall be as defined in section 502 of the Congressional Budget Act
of 1974: <italic>Provided further</italic>, That these funds are available to
subsidize total loan principal, any part of which is to be guaranteed, not to
exceed $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.</text>
</appropriations-small><appropriations-small id="H08507BF6343646FE8A2BBF6AF6AEA19E"><header>Brownfields
redevelopment</header><text display-inline="no-display-inline">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: <italic>Provided</italic>, 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.</text>
</appropriations-small><appropriations-small id="H945AA7F0765B4C3593AACFBFF0DDA464"><header>Home investment partnerships
program</header>
</appropriations-small><appropriations-small id="H122732D7FD7542F9B4F18E4ABCE22961"><text display-inline="no-display-inline">For the HOME investment partnerships
program, as authorized under title II of the Cranston-Gonzalez National
Affordable Housing Act, as amended (42 U.S.C. 12721 et seq.),
$2,000,000,000 (reduced by
$5,000,000), to remain available until September
30, 2012: <italic>Provided</italic>, That funds provided in prior
appropriations Acts for technical assistance, that were made available for
Community Housing Development Organizations technical assistance, and that
still remain available, may be used for HOME technical assistance
notwithstanding the purposes for which such amounts were
appropriated.</text>
</appropriations-small><appropriations-small id="HD2B5631F2C744FFCA859EC6350514E00"><header>Self-help and assisted
homeownership opportunity program</header><text display-inline="no-display-inline">For the Self-Help and Assisted Homeownership
Opportunity Program, as authorized under section 11 of the Housing Opportunity
Program Extension Act of 1996, as amended (42 U.S.C. 12805 note),
$85,000,000, to remain available until September
30, 2012: <italic>Provided</italic>, That of the total amount provided under
this heading, $27,000,000 shall be made
available to the Self-Help and Assisted Homeownership Opportunity Program as
authorized under section 11 of the Housing Opportunity Program Extension Act of
1996, as amended: <italic>Provided further</italic>, That
$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: <italic>Provided further</italic>, That
$5,000,000 shall be made available for capacity
building activities as authorized in sections 6301 through 6305 of Public Law
110–246.</text>
</appropriations-small><appropriations-small id="HB63EB0260D3345848F329E701AD01DE3"><header>Homeless assistance
grants</header>
</appropriations-small><appropriations-small id="H03835D99E8784161A2AA1F71A3D950EC"><text display-inline="no-display-inline">For the emergency shelter grants program as
authorized under subtitle B of title IV of the McKinney-Vento Homeless
Assistance Act, as amended; the supportive housing program as authorized under
subtitle C of title IV of such Act; the section 8 moderate rehabilitation
single room occupancy program as authorized under the United States Housing Act
of 1937, as amended, to assist homeless individuals pursuant to section 441 of
the McKinney-Vento Homeless Assistance Act; and the shelter plus care program
as authorized under subtitle F of title IV of such Act,
$1,850,000,000, 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: <italic>Provided</italic>, 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:
<italic>Provided further</italic>, That all funds awarded for services shall be
matched by not less than 25 percent in funding by each grantee:
<italic>Provided further</italic>, That for all match requirements applicable
to funds made available under this heading for this fiscal year and prior
years, a grantee may use (or could have used) as a source of match funds other
funds administered by the Secretary and other Federal agencies unless there is
(or was) a specific statutory prohibition on any such use of any such funds:
<italic>Provided further</italic>, That the Secretary shall renew on an annual
basis expiring contracts or amendments to contracts funded under the shelter
plus care program if the program is determined to be needed under the
applicable continuum of care and meets appropriate program requirements and
financial standards, as determined by the Secretary: <italic>Provided
further</italic>, That all awards of assistance under this heading shall be
required to coordinate and integrate homeless programs with other mainstream
health, social services, and employment programs for which homeless populations
may be eligible, including Medicaid, State Children's Health Insurance Program,
Temporary Assistance for Needy Families, Food Stamps, and services funding
through the Mental Health and Substance Abuse Block Grant, Workforce Investment
Act, and the Welfare-to-Work grant program: <italic>Provided further</italic>,
That up to $8,000,000 of the funds appropriated
under this heading shall be available for the national homeless data analysis
project and technical assistance: <italic>Provided further</italic>, That all
balances for Shelter Plus Care renewals previously funded from the Shelter Plus
Care Renewal account and transferred to this account shall be available, if
recaptured, for Shelter Plus Care renewals in fiscal year
2010.</text>
</appropriations-small><appropriations-intermediate id="H1C0D18C2175E423DB9141BE4C4B2C9C0"><header>Housing
programs</header>
</appropriations-intermediate><appropriations-small id="H271FE0219270413F98FCD8BBE23374ED"><header>Project-based rental
assistance</header>
</appropriations-small><appropriations-small id="HA27DD348722A42E39E8DF9DDDAFEEC64"><text display-inline="no-display-inline">For activities and assistance for the
provision of project-based subsidy contracts under the United States Housing
Act of 1937 (42 U.S.C. 1437 et seq.) (<quote>the Act</quote>), not otherwise
provided for, $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: <italic>Provided</italic>,
That the amounts made available under this heading are provided as
follows:</text>
<paragraph id="HC0AF6ECD411E4CC69969D9301DC3A70D"><enum>(1)</enum><text>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.</text>
</paragraph><paragraph id="HB28CC14B2C084E2B9C2C94106994FF32"><enum>(2)</enum><text>Not less than
$232,000,000 but not to exceed
$258,000,000 shall be available for
performance-based contract administrators for section 8 project-based
assistance: <italic>Provided</italic>, That the Secretary of Housing and Urban
Development may also use such amounts for performance-based contract
administrators for the administration of: interest reduction payments pursuant
to section 236(a) of the National Housing Act (12 U.S.C. 1715z–1(a)); rent
supplement payments pursuant to section 101 of the Housing and Urban
Development Act of 1965 (12 U.S.C. 1701s); section 236(f)(2) rental assistance
payments (12 U.S.C. 1715z–1(f)(2)); project rental assistance contracts for the
elderly under section 202(c)(2) of the Housing Act of 1959 (12 U.S.C.
1701q(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).</text>
</paragraph><paragraph id="H3B9A3D5EFFEA4D12B15A0207095B7F1B"><enum>(3)</enum><text>Amounts recaptured
under this heading, the heading <quote>Annual Contributions for Assisted
Housing</quote>, or the heading <quote>Housing Certificate Fund</quote> may be
used for renewals of or amendments to section 8 project-based contracts or for
performance-based contract administrators, notwithstanding the purposes for
which such amounts were appropriated.</text>
</paragraph></appropriations-small><appropriations-small id="H79D377457A7D4B419E585DFB6A3CD0B5"><header>Housing for the
elderly</header>
</appropriations-small><appropriations-small id="H74E461F4DBD041CAA66D293F1B3DFF80"><text display-inline="no-display-inline">For capital advances, including amendments
to capital advance contracts, for housing for the elderly, as authorized by
section 202 of the Housing Act of 1959 (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:
<italic>Provided</italic>, That, of the amount provided under this heading, up
to $90,000,000 shall be for service coordinators
and the continuation of existing congregate service grants for residents of
assisted housing projects, and of which up to
$25,000,000 shall be for grants under section
202b of the Housing Act of 1959 (12 U.S.C. 1701q–2) for conversion of eligible
projects under such section to assisted living or related use and for
substantial and emergency capital repairs as determined by the Secretary:
<italic>Provided further</italic>, That of the amount made available under this
heading, $20,000,000 shall be available to the
Secretary of Housing and Urban Development only for making competitive grants
to private nonprofit organizations and consumer cooperatives for covering costs
of architectural and engineering work, site control, and other planning
relating to the development of supportive housing for the elderly that is
eligible for assistance under section 202 of the Housing Act of 1959 (12 U.S.C.
1701q): <italic>Provided further</italic>, That amounts under this heading
shall be available for Real Estate Assessment Center inspections and
inspection-related activities associated with section 202 capital advance
projects: <italic>Provided further</italic>, That 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: <italic>Provided further</italic>, That the Secretary may waive
the provisions of section 202 governing the terms and conditions of project
rental assistance, except that the initial contract term for such assistance
shall not exceed 5 years in duration.</text>
</appropriations-small><appropriations-small id="H271C85B234D24F55B03EEAC116452CA0"><header>Housing for persons with
disabilities</header>
</appropriations-small><appropriations-small id="HC0134755F08B40DABEA3F2E40E15F567"><text display-inline="no-display-inline">For capital advance contracts, including
amendments to capital advance contracts, for supportive housing for persons
with disabilities, as authorized by section 811 of the Cranston-Gonzalez
National Affordable Housing Act (42 U.S.C. 8013), for project rental assistance
for supportive housing for persons with disabilities under section 811(d)(2) of
such Act, including amendments to contracts for such assistance and renewal of
expiring contracts for such assistance for up to a 1-year term, and for
supportive services associated with the housing for persons with disabilities
as authorized by section 811(b)(1) of such Act, and for tenant-based rental
assistance contracts entered into pursuant to section 811 of such Act,
$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: <italic>Provided further</italic>, That, of the amount provided under
this heading, $87,100,000 shall be for
amendments or renewal of tenant-based assistance contracts entered into prior
to fiscal year 2005 (only one amendment authorized for any such contract):
<italic>Provided further</italic>, That all tenant-based assistance made
available under this heading shall continue to remain available only to persons
with disabilities: <italic>Provided further</italic>, That the Secretary may
waive the provisions of section 811 governing the terms and conditions of
project rental assistance and tenant-based assistance, except that the initial
contract term for such assistance shall not exceed 5 years in duration:
<italic>Provided further</italic>, That amounts made available under this
heading shall be available for Real Estate Assessment Center inspections and
inspection-related activities associated with section 811 Capital Advance
Projects.</text>
</appropriations-small><appropriations-small id="HEA9C2A060C7A4219AB05BDC462B83914"><header>Housing counseling
assistance</header>
</appropriations-small><appropriations-small id="H0C3313977A4B49EF852F64673A99AB27"><text display-inline="no-display-inline">For contracts, grants, and other assistance
excluding loans, as authorized under section 106 of the Housing and Urban
Development Act of 1968, as amended(12 U.S.C. 1701(x)),
$70,000,000 (increased by
$5,000,000), including up to
$2,500,000 for administrative contract services,
to remain available until September 30, 2011: <italic>Provided</italic>, That
funds shall be used for providing counseling and advice to tenants and
homeowners, both current and prospective, with respect to property maintenance,
financial management/literacy, and such other matters as may be appropriate to
assist them in improving their housing conditions, meeting their financial
needs, and fulfilling the responsibilities of tenancy or homeownership; for
program administration; and for housing counselor
training.</text>
</appropriations-small><appropriations-small id="H8CFBE04E07994614BBFF2F89CD82933E"><header>Energy innovation
fund</header>
</appropriations-small><appropriations-small id="HE5DE326B69274BB2A93EDE288F2272D5"><text display-inline="no-display-inline">For an Energy Innovation Fund to enable the
Federal Housing Administration and the new Office of Sustainability to catalyze
innovations in the residential energy efficiency sector that have promise of
replicability and help create a standardized home energy efficient retrofit
market, $50,000,000, to remain available until
September 30, 2013: <italic>Provided</italic>, That
$25,000,000 shall be for the Energy Efficient
Mortgage Innovation pilot program, directed at the single family housing
market: <italic>Provided further</italic>, That
$25,000,000 shall be for the Multifamily Energy
Pilot, directed at the multifamily housing
market.</text>
</appropriations-small><appropriations-intermediate id="H82CDBAE7A96940D0A0A611CE653A36AB"><header>Other assisted housing
programs</header>
</appropriations-intermediate><appropriations-small id="H7628941F5F0244E8B44568A0C4553C5A"><header>Rental housing
assistance</header>
</appropriations-small><appropriations-small id="HDABF805261B84DE3A295BC91FA94EA13"><text display-inline="no-display-inline">For amendments to contracts under section
101 of the Housing and Urban Development Act of 1965 (12 U.S.C. 1701s) and
section 236(f)(2) of the National Housing Act (12 U.S.C. 1715z–1) in
State-aided, non-insured rental housing projects,
$40,000,000, to remain available until
expended.</text>
</appropriations-small><appropriations-small id="H39F2C20970BE492580AA6037C00379A2"><header>Rent
supplement</header>
</appropriations-small><appropriations-small id="H3E68844554AA4A9BAB77C371DFD2856A"><header>(rescission) </header><text display-inline="no-display-inline">Of the amounts recaptured from terminated
contracts under section 101 of the Housing and Urban Development Act of 1965
(12 U.S.C. 1701s) and section 236 of the National Housing Act (12 U.S.C.
1715z–1) $27,600,000 are
rescinded.</text>
</appropriations-small><appropriations-small id="HCD03285F404F445CAB9419AC1F922245"><header>Payment to manufactured housing
fees trust fund</header><text display-inline="no-display-inline">For necessary
expenses as authorized by the National Manufactured Housing Construction and
Safety Standards Act of 1974 (42 U.S.C. 5401 et seq.), up to
$16,000,000, to remain available until expended,
of which $7,000,000 is to be derived from the
Manufactured Housing Fees Trust Fund: <italic>Provided</italic>, That not to
exceed the total amount appropriated under this heading shall be available from
the general fund of the Treasury to the extent necessary to incur obligations
and make expenditures pending the receipt of collections to the Fund pursuant
to section 620 of such Act: <italic>Provided further</italic>, That the amount
made available under this heading from the general fund shall be reduced as
such collections are received during fiscal year 2010 so as to result in a
final fiscal year 2010 appropriation from the general fund estimated at not
more than $9,000,000 and fees pursuant to such
section 620 shall be modified as necessary to ensure such a final fiscal year
2010 appropriation: <italic>Provided further</italic>, That for the dispute
resolution and installation programs, the Secretary of Housing and Urban
Development may assess and collect fees from any program participant:
<italic>Provided further</italic>, That such collections shall be deposited
into the Fund, and the Secretary, as provided herein, may use such collections,
as well as fees collected under section 620, for necessary expenses of such
Act: <italic>Provided further</italic>, That notwithstanding the requirements
of section 620 of such Act, the Secretary may carry out responsibilities of the
Secretary under such Act through the use of approved service providers that are
paid directly by the recipients of their
services.</text>
</appropriations-small><appropriations-intermediate id="H8EFC8CA0C8A7490DB108493895875EC0"><header>Federal housing
administration</header>
</appropriations-intermediate><appropriations-small id="H514D1FB61FBD4E0588DB220CFD16324B"><header>Mutual mortgage insurance
program account</header>
</appropriations-small><appropriations-small id="H33EC39B31A7244AEB19315DBBBE67E39"><header>(including transfers of
funds)</header><text display-inline="no-display-inline">During fiscal year
2010, commitments to guarantee single family loans insured under the Mutual
Mortgage Insurance Fund shall not exceed a loan principal of
$400,000,000,000: <italic>Provided</italic>,
That for 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:
<italic>Provided further</italic>, That during fiscal year 2010, obligations to
make direct loans to carry out the purposes of section 204(g) of the National
Housing Act, as amended, shall not exceed
$50,000,000: <italic>Provided further</italic>,
That the foregoing amount shall be for loans to nonprofit and governmental
entities in connection with sales of single family real properties owned by the
Secretary and formerly insured under the Mutual Mortgage Insurance Fund. For
administrative contract expenses of the Federal Housing Administration,
$188,900,000, of 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:
<italic>Provided further</italic>, That to the extent guaranteed loan
commitments exceed $200,000,000,000 on or before
April 1, 2010, an additional $1,400 for
administrative contract expenses shall be available for each
$1,000,000 in additional guaranteed loan
commitments (including a pro rata amount for any amount below
$1,000,000), but in no case shall funds made
available by this proviso exceed
$30,000,000.</text>
</appropriations-small><appropriations-small id="H371F51E0FF4E425A98B0525BF7A6118C"><header>General and special risk program
account</header><text display-inline="no-display-inline">For the cost of
guaranteed loans, as authorized by sections 238 and 519 of the 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: <italic>Provided</italic>, That commitments to
guarantee loans shall not exceed $15,000,000,000
in total loan principal, any part of which is to be guaranteed.</text><text display-inline="no-display-inline">Gross obligations for the principal amount
of direct loans, as authorized by sections 204(g), 207(l), 238, and 519(a) of
the National Housing Act, shall not exceed
$20,000,000, which shall be for loans to
nonprofit and governmental entities in connection with the sale of
single-family real properties owned by the Secretary and formerly insured under
such Act.</text>
</appropriations-small><appropriations-intermediate id="H9879EFB910DC4F79AFC1E6FA55C19FF0"><header>Government national mortgage
association</header>
</appropriations-intermediate><appropriations-small id="H3F49E3F6D5EB42D88E69B51F6E839B66"><header>Guarantees of mortgage-backed
securities loan guarantee program account</header><text display-inline="no-display-inline">New commitments to issue guarantees to carry
out the purposes of section 306 of the National Housing Act, as amended (12
U.S.C. 1721(g)), shall not exceed
$500,000,000,000, to remain available until
September 30, 2011.</text>
</appropriations-small><appropriations-intermediate id="H58F19DA65A494785A1D5660C2062A8A6"><header>Policy development and
research</header>
</appropriations-intermediate><appropriations-small id="H3EC63460622241678A37277BB6E5C863"><header>Research and
technology</header><text display-inline="no-display-inline">For contracts,
grants, and necessary expenses of programs of research and studies relating to
housing and urban problems, not otherwise provided for, as authorized by title
V of the Housing and Urban Development Act of 1970 (12 U.S.C. 1701z–1 et seq.),
including carrying out the functions of the Secretary of Housing and Urban
Development under section 1(a)(1)(i) of Reorganization Plan No. 2 of 1968,
$50,000,000, to remain available until September
30, 2011.</text>
</appropriations-small><appropriations-intermediate id="H7BAEE94BA6144A91B9591FFE69928C8B"><header>Fair housing and equal
opportunity</header>
</appropriations-intermediate><appropriations-small id="H79ABAC77A24B45988186F0B866EC44F3"><header>Fair housing
activities</header><text display-inline="no-display-inline">For contracts,
grants, and other assistance, not otherwise provided for, as authorized by
title VIII of the Civil Rights Act of 1968, as amended by the Fair Housing
Amendments Act of 1988, and section 561 of the Housing and Community
Development Act of 1987, as amended,
$72,000,000, to remain available until September
30, 2011, of which $42,500,000 shall be to carry
out activities pursuant to such section 561: <italic>Provided</italic>, That
notwithstanding 31 U.S.C. 3302, the Secretary may assess and collect fees to
cover the costs of the Fair Housing Training Academy, and may use such funds to
provide such training: <italic>Provided further</italic>, That no funds made
available under this heading shall be used to lobby the executive or
legislative branches of the Federal Government in connection with a specific
contract, grant or loan.</text>
</appropriations-small><appropriations-intermediate id="H5865CFA3004B44ABBA9E9AE6902BF4B1"><header>Office of lead hazard control
and healthy homes</header>
</appropriations-intermediate><appropriations-small id="H01162424779E4B4294D1BA73CDCD89E6"><header>Lead hazard
reduction</header><text display-inline="no-display-inline">For the Lead Hazard
Reduction Program, as authorized by section 1011 of the Residential Lead-Based
Paint Hazard Reduction Act of 1992,
$140,000,000, to remain available until
September 30, 2011, of which not less than
$20,000,000 shall be for the Healthy Homes
Initiative, pursuant to sections 501 and 502 of the Housing and Urban
Development Act of 1970 that shall include research, studies, testing, and
demonstration efforts, including education and outreach concerning lead-based
paint poisoning and other housing-related diseases and hazards:
<italic>Provided</italic>, That for purposes of environmental review, pursuant
to the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and
other provisions of the law that further the purposes of such Act, a grant
under the Healthy Homes Initiative, Operation Lead Elimination Action Plan
(LEAP), or the Lead Technical Studies program under this heading or under prior
appropriations Acts for such purposes under this heading, shall be considered
to be funds for a special project for purposes of section 305(c) of the
Multifamily Housing Property Disposition Reform Act of 1994: <italic>Provided
further</italic>, That 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.</text>
</appropriations-small><appropriations-intermediate id="HC5A908C9EB064EF5A94D07E33917EC42"><header>Management and
administration</header>
</appropriations-intermediate><appropriations-small id="H730E5D5BB2154811A4FAE20C1ED82D2F"><header>Working capital
fund</header>
</appropriations-small><appropriations-small id="HB03220CCFC2242E59508ABAC80A5880A"><header>(Including Transfer of
funds)</header><text display-inline="no-display-inline">For additional capital
for the Working Capital Fund (42 U.S.C. 3535) for the maintenance of
infrastructure for Department-wide information technology systems, for the
continuing operation and maintenance of both Department-wide and
program-specific information systems, and for program-related maintenance
activities, $200,000,000, to remain available
until September 30, 2011: <italic>Provided</italic>, That any amounts
transferred to this Fund under this Act shall remain available until expended:
<italic>Provided further</italic>, That any amounts transferred to this Fund
from amounts appropriated by previously enacted appropriations Acts or from
within this Act may be used only for the purposes specified under this Fund, in
addition to the purposes for which such amounts were appropriated:
<italic>Provided further</italic>, That up to
$15,000,000 may be transferred to this account
from all other accounts in this title (except for the Office of the Inspector
General account) that make funds available for salaries and
expenses.</text>
</appropriations-small><appropriations-small id="H52EE9B8242F24F17AD2541EEA0A0EB99"><header>Office of inspector
general</header><text display-inline="no-display-inline">For necessary salaries
and expenses of the Office of Inspector General in carrying out the Inspector
General Act of 1978, as amended, $120,000,000:
<italic>Provided</italic>, That the Inspector General shall have independent
authority over all personnel issues within this
office.</text>
</appropriations-small><appropriations-small id="HABC48B6F43DE4ED6855C4B42A6DA0197"><header>Transformation
initiative</header>
</appropriations-small><appropriations-small id="H0FD32878B36848AC84CB17D50D4AA040"><text display-inline="no-display-inline">For necessary expenses for combating
mortgage fraud, $20,000,000, to remain available
until expended.</text><text display-inline="no-display-inline">In addition, of
the amounts made available in this Act under each of the following headings
under this title, the Secretary may transfer to, and merge with, this account
up to 1 percent from each such account, and such transferred amounts shall be
available until September 30, 2012, for: (1) research, evaluation, and program
metrics; (2) program demonstrations; (3) technical assistance and capacity
building; and (4) information technology: <quote>Public Housing Capital
Fund</quote>, <quote>Energy Innovation Fund</quote>, <quote>Native American
Housing Block Grants</quote>, <quote>Native Hawaiian Housing Block
Grants</quote>, <quote>Revitalization of Severely Distressed Public
Housing</quote>, <quote>Brownfields Redevelopment</quote>, <quote>Section 108
Loan Guarantees</quote>, <quote>Housing Opportunities for Persons With
AIDS</quote>, <quote>Community Development Fund</quote>, <quote>HOME Investment
Partnerships Program</quote>, <quote>Self-Help and Assisted Homeownership
Opportunity Program</quote>, <quote>Homeless Assistance Grants</quote>,
<quote>Housing for the Elderly</quote>, <quote>Housing for Persons With
Disabilities</quote>, <quote>Housing Counseling Assistance</quote>,
<quote>Payment to Manufactured Housing Fees Trust Fund</quote>, <quote>Mutual
Mortgage Insurance Program Account</quote>, <quote>General and Special Risk
Program Account</quote>, <quote>Research and Technology</quote>, <quote>Lead
Hazard Reduction</quote>, <quote>Rental Housing Assistance</quote>, and
<quote>Fair Housing Activities</quote>: <italic>Provided</italic>, 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.</text>
</appropriations-small><appropriations-intermediate id="H852B57E3B7B3475195A5F91DEB031677"><header>General Provisions—Department of
Housing and Urban Development</header>
</appropriations-intermediate></section><section id="HBAC453F393F041DE94D33DDB09A23E95"><enum>201.</enum><text>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.</text>
</section><section id="HA5EE526492204B42838DB0989CDF4D87"><enum>202.</enum><text>None of the
amounts made available under this Act may be used during fiscal year 2010 to
investigate or prosecute under the Fair Housing Act any otherwise lawful
activity engaged in by one or more persons, including the filing or maintaining
of a non-frivolous legal action, that is engaged in solely for the purpose of
achieving or preventing action by a Government official or entity, or a court
of competent jurisdiction.</text>
</section><section id="HB98996A6AB2C42769F5323387805CD48"><enum>203.</enum><subsection commented="no" display-inline="yes-display-inline" id="HF3DC932B332C4B508D553063507233E8"><enum>(a)</enum><text>Notwithstanding section
854(c)(1)(A) of the AIDS Housing Opportunity Act (42 U.S.C. 12903(c)(1)(A)),
from any amounts made available under this title for fiscal year 2010 that are
allocated under such section, the Secretary of Housing and Urban Development
shall allocate and make a grant, in the amount determined under subsection (b),
for any State that—</text>
<paragraph changed="deleted" id="HBD5B633432B347BD934A9CC5460F391A" reported-display-style="strikethrough"><enum>(1)</enum><text>received an
allocation in a prior fiscal year under clause (ii) of such section; and</text>
</paragraph><paragraph changed="deleted" id="H00A05FFD8AE44DF58F2C5348045223F8" reported-display-style="strikethrough"><enum>(2)</enum><text>is not otherwise
eligible for an allocation for fiscal year 2010 under such clause (ii) because
the areas in the State outside of the metropolitan statistical areas that
qualify under clause (i) in fiscal year 2010 do not have the number of cases of
acquired immunodeficiency syndrome (AIDS) required under such clause.</text>
</paragraph></subsection><subsection changed="deleted" id="HF238EC3D7ECD44D984676641A9EDCE1D" reported-display-style="strikethrough"><enum>(b)</enum><text>The amount of the
allocation and grant for any State described in subsection (a) shall be an
amount based on the cumulative number of AIDS cases in the areas of that State
that are outside of metropolitan statistical areas that qualify under clause
(i) of such section 854(c)(1)(A) in fiscal year 2010, in proportion to AIDS
cases among cities and States that qualify under clauses (i) and (ii) of such
section and States deemed eligible under subsection (a).</text>
</subsection><subsection changed="deleted" id="H07C6FDE7371D48158D008EEB2058E4B1" reported-display-style="strikethrough"><enum>(c)</enum><text>Notwithstanding
any other provision of law, the amount allocated for fiscal year 2010 under
section 854(c) of the AIDS Housing Opportunity Act (42 U.S.C. 12903(c)), to the
City of New York, New York, on behalf of the New York-Wayne-White Plains, New
York-New Jersey Metropolitan Division (hereafter <quote>metropolitan
division</quote>) of the New York-Newark-Edison, NY-NJ-PA Metropolitan
Statistical Area, shall be adjusted by the Secretary of Housing and Urban
Development by: (1) allocating to the City of Jersey City, New Jersey, the
proportion of the metropolitan area's or division's amount that is based on the
number of cases of AIDS reported in the portion of the metropolitan area or
division that is located in Hudson County, New Jersey, and adjusting for the
proportion of the metropolitan division's high incidence bonus if this area in
New Jersey also has a higher than average per capita incidence of AIDS; and (2)
allocating to the City of Paterson, New Jersey, the proportion of the
metropolitan area's or division's amount that is based on the number of cases
of AIDS reported in the portion of the metropolitan area or division that is
located in Bergen County and Passaic County, New Jersey, and adjusting for the
proportion of the metropolitan division's high incidence bonus if this area in
New Jersey also has a higher than average per capita incidence of AIDS. The
recipient cities shall use amounts allocated under this subsection to carry out
eligible activities under section 855 of the AIDS Housing Opportunity Act (42
U.S.C. 12904) in their respective portions of the metropolitan division that is
located in New Jersey.</text>
</subsection><subsection changed="deleted" id="HBF377829015F4CABA07985D5D4F6FC1D" reported-display-style="strikethrough"><enum>(d)</enum><text>Notwithstanding
any other provision of law, the amount allocated for fiscal year 2010 under
section 854(c) of the AIDS Housing Opportunity Act (42 U.S.C. 12903(c)) to
areas with a higher than average per capita incidence of AIDS, shall be
adjusted by the Secretary on the basis of area incidence reported over a 3-year
period.</text>
</subsection></section><section id="HAE20EAAE1BE4427CACF6DCFEEE9C222C"><enum>204.</enum><text>Except as
explicitly provided in law, any grant, cooperative agreement or other
assistance made pursuant to title II of this Act shall be made on a competitive
basis and in accordance with section 102 of the Department of Housing and Urban
Development Reform Act of 1989 (42 U.S.C. 3545).</text>
</section><section id="H465323AF0E0F4B0F94588CE309DB5E9B"><enum>205.</enum><text>Funds of the
Department of Housing and Urban Development subject to the Government
Corporation Control Act or section 402 of the Housing Act of 1950 shall be
available, without regard to the limitations on administrative expenses, for
legal services on a contract or fee basis, and for utilizing and making payment
for services and facilities of the Federal National Mortgage Association,
Government National Mortgage Association, Federal Home Loan Mortgage
Corporation, Federal Financing Bank, Federal Reserve banks or any member
thereof, Federal Home Loan banks, and any insured bank within the meaning of
the Federal Deposit Insurance Corporation Act, as amended (12 U.S.C.
1811–1).</text>
</section><section id="HBD19CA5C987A4DD3BB72AE8D14136EC9"><enum>206.</enum><text>Unless otherwise
provided for in this Act or through a reprogramming of funds, no part of any
appropriation for the Department of Housing and Urban Development shall be
available for any program, project or activity in excess of amounts set forth
in the budget estimates submitted to Congress.</text>
</section><section id="HE3826CB5B0A44D2284D6EC73A2CC822E"><enum>207.</enum><text>Corporations and
agencies of the Department of Housing and Urban Development which are subject
to the Government Corporation Control Act, are hereby authorized to make such
expenditures, within the limits of funds and borrowing authority available to
each such corporation or agency and in accordance with law, and to make such
contracts and commitments without regard to fiscal year limitations as provided
by section 104 of such Act as may be necessary in carrying out the programs set
forth in the budget for 2010 for such corporation or agency except as
hereinafter provided: <italic>Provided</italic>, That collections of these
corporations and agencies may be used for new loan or mortgage purchase
commitments only to the extent expressly provided for in this Act (unless such
loans are in support of other forms of assistance provided for in this or prior
appropriations Acts), except that this proviso shall not apply to the mortgage
insurance or guaranty operations of these corporations, or where loans or
mortgage purchases are necessary to protect the financial interest of the
United States Government.</text>
</section><section id="HAF8C9932E75142298B0FB975C1074EA0"><enum>208.</enum><text>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.</text>
</section><section id="H0A74C45FCE134D409888CAE53307BA49"><enum>209.</enum><text>The Secretary of
Housing and Urban Development shall provide quarterly reports to the House and
Senate Committees on Appropriations regarding all uncommitted, unobligated,
recaptured and excess funds in each program and activity within the
jurisdiction of the Department and shall submit additional, updated budget
information to these Committees upon request.</text>
</section><section id="H29255FC8103B4CEC83B4EE0436FECF49"><enum>210.</enum><subsection commented="no" display-inline="yes-display-inline" id="H8344F413647F44C89025A19034638AEE"><enum>(a)</enum><text>Notwithstanding any
other provision of law, the amount allocated for fiscal year 2010 under section
854(c) of the AIDS Housing Opportunity Act (42 U.S.C. 12903(c)), to the City of
Wilmington, Delaware, on behalf of the Wilmington, Delaware-Maryland-New Jersey
Metropolitan Division (hereafter <quote>metropolitan division</quote>), shall
be adjusted by the Secretary of Housing and Urban Development by allocating to
the State of New Jersey the proportion of the metropolitan division's amount
that is based on the number of cases of AIDS reported in the portion of the
metropolitan division that is located in New Jersey, and adjusting for the
proportion of the metropolitan division's high incidence bonus if this area in
New Jersey also has a higher than average per capita incidence of AIDS. The
State of New Jersey shall use amounts allocated to the State under this
subsection to carry out eligible activities under section 855 of the AIDS
Housing Opportunity Act (42 U.S.C. 12904) in the portion of the metropolitan
division that is located in New Jersey.</text>
</subsection><subsection changed="deleted" id="H2ABC2745A574425E87097CA507CA10C7" reported-display-style="strikethrough"><enum>(b)</enum><text>Notwithstanding
any other provision of law, the Secretary of Housing and Urban Development
shall allocate to Wake County, North Carolina, the amounts that otherwise would
be allocated for fiscal year 2010 under section 854(c) of the AIDS Housing
Opportunity Act (42 U.S.C. 12903(c)) to the City of Raleigh, North Carolina, on
behalf of the Raleigh-Cary, North Carolina Metropolitan Statistical Area. Any
amounts allocated to Wake County shall be used to carry out eligible activities
under section 855 of such Act (42 U.S.C. 12904) within such metropolitan
statistical area.</text>
</subsection><subsection changed="deleted" id="HF4250CCB29074B3E91FAF3DD594EF53B" reported-display-style="strikethrough"><enum>(c)</enum><text>Notwithstanding
section 854(c) of the AIDS Housing Opportunity Act (42 U.S.C. 12903(c)), the
Secretary of Housing and Urban Development may adjust the allocation of the
amounts that otherwise would be allocated for fiscal year 2010 under section
854(c) of such Act, upon the written request of an applicant, in conjunction
with the State(s), for a formula allocation on behalf of a metropolitan
statistical area, to designate the State or States in which the metropolitan
statistical area is located as the eligible grantee(s) of the allocation. In
the case that a metropolitan statistical area involves more than one State,
such amounts allocated to each State shall be in proportion to the number of
cases of AIDS reported in the portion of the metropolitan statistical area
located in that State. Any amounts allocated to a State under this section
shall be used to carry out eligible activities within the portion of the
metropolitan statistical area located in that State.</text>
</subsection></section><section id="H8CA42FB7D1B5422198AC75ED80E2882E"><enum>211.</enum><text>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.</text>
</section><section id="HCB53BBC3ED2D4D0FABAA59AB0D9D2AEC"><enum>212.</enum><text>A public housing
agency or such other entity that administers Federal housing assistance for the
Housing Authority of the county of Los Angeles, California, the States of
Alaska, Iowa, and Mississippi shall not be required to include a resident of
public housing or a recipient of assistance provided under section 8 of the
United States Housing Act of 1937 on the board of directors or a similar
governing board of such agency or entity as required under section (2)(b) of
such Act. Each public housing agency or other entity that administers Federal
housing assistance under section 8 for the Housing Authority of the county of
Los Angeles, California and the States of Alaska, Iowa, and Mississippi that
chooses not to include a resident of Public Housing or a recipient of section 8
assistance on the board of directors or a similar governing board shall
establish an advisory board of not less than six residents of public housing or
recipients of section 8 assistance to provide advice and comment to the public
housing agency or other administering entity on issues related to public
housing and section 8. Such advisory board shall meet not less than
quarterly.</text>
</section><section id="H8557F925FBB3409591C5F3DFEA3BB721"><enum>213.</enum><subsection commented="no" display-inline="yes-display-inline" id="HD65323E090344D32AA38962A743640A7"><enum>(a)</enum><text>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.</text>
</subsection><subsection changed="deleted" id="H75B2279192E94F2BB9D18D1D46FB77E2" reported-display-style="strikethrough"><enum>(b)</enum><text>The transfer
authorized in subsection (a) is subject to the following conditions:</text>
<paragraph id="HA2D35706244C46BF881EEB8C4CC6606C"><enum>(1)</enum><text>The number of
low-income and very low-income units and the net dollar amount of Federal
assistance provided by the transferring project shall remain the same in the
receiving project or projects.</text>
</paragraph><paragraph id="H2A2C4C8F82974793B4BCAD0489A95E45"><enum>(2)</enum><text>The transferring
project shall, as determined by the Secretary, be either physically obsolete or
economically non-viable.</text>
</paragraph><paragraph id="H1F9E6A9E0D444BFA8F38427B8897A533"><enum>(3)</enum><text>The receiving
project or projects shall meet or exceed applicable physical standards
established by the Secretary.</text>
</paragraph><paragraph id="H7734237CD3EA43D5AF50FFBCA98BA3DA"><enum>(4)</enum><text>The owner or
mortgagor of the transferring project shall notify and consult with the tenants
residing in the transferring project and provide a certification of approval by
all appropriate local governmental officials.</text>
</paragraph><paragraph id="HF05439C3257E4902B12C951C7808BBA8"><enum>(5)</enum><text>The tenants of the
transferring project who remain eligible for assistance to be provided by the
receiving project or projects shall not be required to vacate their units in
the transferring project or projects until new units in the receiving project
are available for occupancy.</text>
</paragraph><paragraph id="HA85F96D847B74481A5671D596A509783"><enum>(6)</enum><text>The Secretary
determines that this transfer is in the best interest of the tenants.</text>
</paragraph><paragraph id="H11D0D71F59924B0DA2B02E95FBACD847"><enum>(7)</enum><text>If either the
transferring project or the receiving project or projects meets the condition
specified in subsection (c)(2)(A), any lien on the receiving project resulting
from additional financing obtained by the owner shall be subordinate to any
FHA-insured mortgage lien transferred to, or placed on, such project by the
Secretary.</text>
</paragraph><paragraph id="HE67F4A0D05D14891B4003110492215E9"><enum>(8)</enum><text>If the
transferring project meets the requirements of subsection (c)(2)(E), the owner
or mortgagor of the receiving project or projects shall execute and record
either a continuation of the existing use agreement or a new use agreement for
the project where, in either case, any use restrictions in such agreement are
of no lesser duration than the existing use restrictions.</text>
</paragraph><paragraph id="H924EA384B95C488FACF8C07360ADFCF7"><enum>(9)</enum><text>Any financial risk
to the FHA General and Special Risk Insurance Fund, as determined by the
Secretary, would be reduced as a result of a transfer completed under this
section.</text>
</paragraph><paragraph id="HB652BB5BE67745E08288AE9DBD821BEF"><enum>(10)</enum><text>The Secretary
determines that Federal liability with regard to this project will not be
increased.</text>
</paragraph></subsection><subsection changed="deleted" id="HA4AF1F8DC6B14193BD516791E7EE18E2" reported-display-style="strikethrough"><enum>(c)</enum><text>For purposes of
this section—</text>
<paragraph id="HB9D641CDF4CB493B8D6E790784E1270C"><enum>(1)</enum><text>the terms
<quote>low-income</quote> and <quote>very low-income</quote> shall have the
meanings provided by the statute and/or regulations governing the program under
which the project is insured or assisted;</text>
</paragraph><paragraph id="HF5E303331A394C049994F2E6DBD8A49E"><enum>(2)</enum><text>the term
<quote>multifamily housing project</quote> means housing that meets one of the
following conditions—</text>
<subparagraph id="H2A2625AE2C6D43D08D54031065C6CAE9"><enum>(A)</enum><text>housing that is
subject to a mortgage insured under the National Housing Act;</text>
</subparagraph><subparagraph id="H7B643D958A3C48AA8F8CA020C39F49A2"><enum>(B)</enum><text>housing that has
project-based assistance attached to the structure including projects
undergoing mark to market debt restructuring under the Multifamily Assisted
Housing Reform and Affordability Housing Act;</text>
</subparagraph><subparagraph id="HF580DD88A44C4E329AB9E98ED76753C2"><enum>(C)</enum><text>housing that is
assisted under section 202 of the Housing Act of 1959 as amended by section 801
of the Cranston-Gonzalez National Affordable Housing Act;</text>
</subparagraph><subparagraph id="H6799C11B77B6482E80301AD198CED90A"><enum>(D)</enum><text>housing that is
assisted under section 202 of the Housing Act of 1959, as such section existed
before the enactment of the Cranston-Gonzalez National Affordable Housing Act;
or</text>
</subparagraph><subparagraph id="HC113E00E17A54B0098A114D8C2087F4F"><enum>(E)</enum><text>housing or vacant
land that is subject to a use agreement;</text>
</subparagraph></paragraph><paragraph id="HD63E7879FE754A6A9E37106FED984E71"><enum>(3)</enum><text>the term
<quote>project-based assistance</quote> means—</text>
<subparagraph id="HBC3E7794225F401EA2A03403B87FAD37"><enum>(A)</enum><text>assistance
provided under section 8(b) of the United States Housing Act of 1937;</text>
</subparagraph><subparagraph id="HA0152AFA3A4D4160A76F27E22D50D37A"><enum>(B)</enum><text>assistance for
housing constructed or substantially rehabilitated pursuant to assistance
provided under section 8(b)(2) of such Act (as such section existed immediately
before October 1, 1983);</text>
</subparagraph><subparagraph id="H12751F3E4AEF4BD0B5B33CFCAECBE9B2"><enum>(C)</enum><text>rent supplement
payments under section 101 of the Housing and Urban Development Act of
1965;</text>
</subparagraph><subparagraph id="H0F904C5E62E649E0AF91AAE60CAADC09"><enum>(D)</enum><text>interest reduction
payments under section 236 and/or additional assistance payments under section
236(f)(2) of the National Housing Act; and</text>
</subparagraph><subparagraph id="HAB2B61FF1D714EEF97F402814B934749"><enum>(E)</enum><text>assistance
payments made under section 202(c)(2) of the Housing Act of 1959;</text>
</subparagraph></paragraph><paragraph id="H7E17CE17389F410CA728F88AD15B89EA"><enum>(4)</enum><text>the term
<quote>receiving project or projects</quote> means the multifamily housing
project or projects to which some or all of the project-based assistance, debt,
and statutorily required use low-income and very low-income restrictions are to
be transferred;</text>
</paragraph><paragraph id="HC6DC97B13D2C458D907137CDE696B499"><enum>(5)</enum><text>the term
<quote>transferring project</quote> means the multifamily housing project which
is transferring some or all of the project-based assistance, debt and the
statutorily required low-income and very low-income use restrictions to the
receiving project or projects; and</text>
</paragraph><paragraph id="HD0E77120A3F94B7998E278C9A884A36B"><enum>(6)</enum><text>the term
<quote>Secretary</quote> means the Secretary of Housing and Urban
Development.</text>
</paragraph></subsection></section><section id="H82E69FCA30DE40A68B58CA101B7C3D74"><enum>214.</enum><text>The funds made
available for Native Alaskans under the heading <quote>Native American Housing
Block Grants</quote> 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.</text>
</section><section id="H0F51F43176AA406D8AB9D71B259B997E"><enum>215.</enum><text>No funds provided
under this title may be used for an audit of the Government National Mortgage
Association that makes applicable requirements under the Federal Credit Reform
Act of 1990 (2 U.S.C. 661 et seq.).</text>
</section><section id="HCACBD6B9C1D143F18119E41F0D74A343"><enum>216.</enum><subsection commented="no" display-inline="yes-display-inline" id="HC60D0A1F2DD142DFA4B0F47D24140309"><enum>(a)</enum><text>No assistance shall be
provided under section 8 of the United States Housing Act of 1937 (42 U.S.C.
1437f) to any individual who—</text>
<paragraph changed="deleted" id="H7E9035C46B67424BB630868A5EB849BF" reported-display-style="strikethrough"><enum>(1)</enum><text>is enrolled as a
student at an institution of higher education (as defined under section 102 of
the Higher Education Act of 1965 (20 U.S.C. 1002));</text>
</paragraph><paragraph changed="deleted" id="HE6B25B6B318D450EA26C7149E3ADF26B" reported-display-style="strikethrough"><enum>(2)</enum><text>is under 24 years
of age;</text>
</paragraph><paragraph changed="deleted" id="HC172A449924B4D4CA30A4E38BD669A86" reported-display-style="strikethrough"><enum>(3)</enum><text>is not a
veteran;</text>
</paragraph><paragraph changed="deleted" id="H483099E478C84189AD83E86ECCA17D27" reported-display-style="strikethrough"><enum>(4)</enum><text>is
unmarried;</text>
</paragraph><paragraph changed="deleted" id="H9590EF5EDB8543019C4B60E31A64C700" reported-display-style="strikethrough"><enum>(5)</enum><text>does not have a
dependent child;</text>
</paragraph><paragraph changed="deleted" id="HA0B83C6ED67242D99C7BCECBFBA33F29" reported-display-style="strikethrough"><enum>(6)</enum><text>is not a person
with disabilities, as such term is defined in section 3(b)(3)(E) of the United
States Housing Act of 1937 (42 U.S.C. 1437a(b)(3)(E)) and was not receiving
assistance under such section 8 as of November 30, 2005; and</text>
</paragraph><paragraph changed="deleted" id="HFA079ED8AB78433B9121C784EABEFE59" reported-display-style="strikethrough"><enum>(7)</enum><text>is not otherwise
individually eligible, or has parents who, individually or jointly, are not
eligible, to receive assistance under section 8 of the United States Housing
Act of 1937 (42 U.S.C. 1437f).</text>
</paragraph></subsection><subsection changed="deleted" id="H68769A42D48C4E55B16969B40684BBF2" reported-display-style="strikethrough"><enum>(b)</enum><text>For purposes of
determining the eligibility of a person to receive assistance under section 8
of the United States Housing Act of 1937 (42 U.S.C. 1437f), any financial
assistance (in excess of amounts received for tuition) that an individual
receives under the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.), from
private sources, or an institution of higher education (as defined under the
Higher Education Act of 1965 (20 U.S.C. 1002)), shall be considered income to
that individual, except for a person over the age of 23 with dependent
children.</text>
</subsection></section><section id="HA1C9FD48E7494064A27C9DFCEA917817"><enum>217.</enum><text>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).</text>
</section><section id="H7393490D97244D2FBC2DA63F576A1C93"><enum>218.</enum><text>Notwithstanding
any other provision of law, in fiscal year 2010, in managing and disposing of
any multifamily property that is owned or has a mortgage held by the Secretary
of Housing and Urban Development, the Secretary shall maintain any rental
assistance payments under section 8 of the United States Housing Act of 1937
and other programs that are attached to any dwelling units in the property. To
the extent the Secretary determines, in consultation with the tenants and the
local government, that such a multifamily property owned or held by the
Secretary is not feasible for continued rental assistance payments under such
section 8 or other programs, based on consideration of: (1) the costs of
rehabilitating and operating the property and all available Federal, State, and
local resources, including rent adjustments under section 524 of the
Multifamily Assisted Housing Reform and Affordability Act of 1997
(<quote>MAHRAA</quote>); and (2) environmental conditions that cannot be
remedied in a cost-effective fashion, the Secretary may, in consultation with
the tenants of that property, contract for project-based rental assistance
payments with an owner or owners of other existing housing properties, or
provide other rental assistance. The Secretary shall also take appropriate
steps to ensure that project-based contracts remain in effect prior to
foreclosure, subject to the exercise of contractual abatement remedies to
assist relocation of tenants for imminent major threats to health and safety.
After disposition of any multifamily property described under this section, the
contract and allowable rent levels on such properties shall be subject to the
requirements under section 524 of MAHRAA.</text>
</section><section id="H24E66F0AF73F4E6AB1FD1ED879AD0E96"><enum>219.</enum><text>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.</text>
</section><section id="H3B805CC4176D4A72B2E40158AEFF0D79"><enum>220.</enum><text>The Secretary of
Housing and Urban Development shall report quarterly to the House of
Representatives and Senate Committees on Appropriations on HUD's use of all
sole source contracts, including terms of the contracts, cost, and a
substantive rationale for using a sole source contract.</text>
</section><section id="HABC91FF8334E437ABBFA08FB54D02731"><enum>221.</enum><text>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.</text>
</section><section id="H2AAACB0BF7574842B1B87840DEA12437"><enum>222.</enum><subsection commented="no" display-inline="yes-display-inline" id="H400921D0448A47AC89370E44619BA30C"><enum>(a)</enum><text>The amounts provided
under the subheading <quote>Program Account</quote> under the heading
<quote>Community Development Loan Guarantees</quote> may be used to guarantee,
or make commitments to guarantee, notes, or other obligations issued by any
State on behalf of non-entitlement communities in the State in accordance with
the requirements of section 108 of the Housing and Community Development Act of
1974: <italic>Provided</italic>, That, any State receiving such a guarantee or
commitment shall distribute all funds subject to such guarantee to the units of
general local government in non-entitlement areas that received the
commitment.</text>
</subsection><subsection changed="deleted" id="H5AFF3241A8FC4C5D95340AB429FB4174" reported-display-style="strikethrough"><enum>(b)</enum><text>Not later than 60
days after the date of enactment of this Act, the Secretary of Housing and
Urban Development shall promulgate regulations governing the administration of
the funds described under subsection (a).</text>
</subsection></section><section id="HACB85099B3894696BE653BC6FAF75D3F"><enum>223.</enum><text>Section 24 of the
United States Housing Act of 1937 (42 U.S.C. 1437v) is amended—</text>
<paragraph id="HD607BC6A421B49E8986FE55B2DFD28BF"><enum>(1)</enum><text>in subsection
(m)(1), by striking <quote>fiscal year</quote> and all that follows through the
period at the end and inserting <quote>fiscal year 2010.</quote>; and</text>
</paragraph><paragraph id="HCB861A4C8A574A47B95DC8555CC53488"><enum>(2)</enum><text>in subsection (o),
by striking <quote>September </quote> and all that follows through the period
at the end and inserting <quote>September 30, 2010.</quote>.</text>
</paragraph></section><section id="HC0C76A66725B49728DB7D81422821E84"><enum>224.</enum><text>Public housing
agencies that own and operate 400 or fewer public housing units may elect to be
exempt from any asset management requirement imposed by the Secretary of
Housing and Urban Development in connection with the operating fund rule:
<italic>Provided</italic>, That an agency seeking a discontinuance of a
reduction of subsidy under the operating fund formula shall not be exempt from
asset management requirements.</text>
</section><section id="H5CAC02E208F845AB80BBBFF0C11B72C9"><enum>225.</enum><text>With respect to
the use of amounts provided in this Act and in future Acts for the operation,
capital improvement and management of public housing as authorized by sections
9(d) and 9(e) of the United States Housing Act of 1937 (42 U.S.C. 1437g(d) and
(e)), the Secretary shall not impose any requirement or guideline relating to
asset management that restricts or limits in any way the use of capital funds
for central office costs pursuant to section 9(g)(1) or 9(g)(2) of the United
States Housing Act of 1937 (42 U.S.C. 1437g(g)(1), (2)):
<italic>Provided</italic>, 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).</text>
</section><section id="HA1CE94748AC24D6787BAE656A19B3BEC"><enum>226.</enum><text>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 <quote>Executive
Direction</quote> and <quote>Administration, Operations, and Management</quote>
as well as each account receiving appropriations for <quote>personnel
compensation and benefits</quote> within the Department of Housing and Urban
Development.</text>
</section><section id="HD21EB0CB96E44E12A741815636B17D59"><enum>227.</enum><text>Payment of
attorney fees in program-related litigation must be paid from individual
program office personnel benefits and compensation funding. The annual budget
submission for program office personnel benefit and compensation funding must
include program-related litigation costs for attorney fees as a separate line
item request.</text>
</section><section id="H7C45EF9873CB4E9FA506B46BFB2DD494"><enum>228.</enum><text>The Secretary of
the Department of Housing and Urban Development shall for fiscal year 2010 and
subsequent fiscal years, notify the public through the Federal Register and
other means, as determined appropriate, of the issuance of a notice of the
availability of assistance or notice of funding availability (NOFA) for any
program or discretionary fund administered by the Secretary that is to be
competitively awarded. Notwithstanding any other provision of law, for fiscal
year 2010 and subsequent fiscal years, the Secretary may make the NOFA
available only on the Internet at the appropriate government website or
websites or through other electronic media, as determined by the
Secretary.</text>
</section><section id="H1CB636CFEEB04D9FA3528E8246758A5A"><enum>229.</enum><text>Prepayment and
Refinancing.</text>
<subsection id="H2DF3EF1E525745ADA419CA76673A6632"><enum>(a)</enum><header>Approval of
Prepayment of Debt</header><text>Upon request of the project sponsor of a
project assisted with a loan under section 202 of the Housing Act of 1959 (as
in effect before the enactment of the Cranston-Gonzalez National Affordable
Housing Act), for which the Secretary's consent to prepayment is required, the
Secretary shall approve the prepayment of any indebtedness to the Secretary
relating to any remaining principal and interest under the loan as part of a
prepayment plan under which—</text>
<paragraph id="H1988F3E08CB740818A995715E945592B"><enum>(1)</enum><text>the project
sponsor agrees to operate the project until the maturity date of the original
loan under terms at least as advantageous to existing and future tenants as the
terms required by the original loan agreement or any project-based rental
assistance payments contract under section 8 of the United States Housing Act
of 1937 (or any other project-based rental housing assistance programs of the
Department of Housing and Urban Development, including the rent supplement
program under section 101 of the Housing and Urban Development Act of 1965 (12
U.S.C. 1701s)) or any successor project-based rental assistance program, except
as provided by subsection (a)(2)(B); and</text>
</paragraph><paragraph id="H92D6C23C01F84774BB02AE00351697E8"><enum>(2)</enum><text>the prepayment may
involve refinancing of the loan if such refinancing results—</text>
<subparagraph id="HBB6CC96AFA2A4443B447BBC102382F87"><enum>(A)</enum><text>in a lower
interest rate on the principal of the loan for the project and in reductions in
debt service related to such loan; or</text>
</subparagraph><subparagraph id="H7F55470A396F415C9AA2E2088187CD0E"><enum>(B)</enum><text>in the case of a
project that is assisted with a loan under such section 202 carrying an
interest rate of 6 percent or lower, a transaction under which—</text>
<clause id="HD15020F8583C41D481A6DED849E9780E"><enum>(i)</enum><text>the project owner
shall address the physical needs of the project;</text>
</clause><clause id="H749D4D449C59430BADA2EAEFFE3F81E5"><enum>(ii)</enum><text>the prepayment
plan for the transaction, including the refinancing, shall meet a cost benefit
analysis, as established by the Secretary, that the benefit of the transaction
outweighs the cost of the transaction including any increases in rent charged
to unassisted tenants;</text>
</clause><clause id="H45159EFA425D484B8EB8A295B430C51E"><enum>(iii)</enum><text>the overall cost
for providing rental assistance under section 8 for the project (if any) is not
increased, except, upon approval by the Secretary to—</text>
<subclause id="HD91C79F4BD0345F5A6CB5C96D263901B"><enum>(I)</enum><text>mark-up-to-market
contracts pursuant to section 524(a)(3) of the Multifamily Assisted Housing
Reform and Affordability Act (42 U.S.C. 1437f note), as such section is carried
out by the Secretary for properties owned by nonprofit organizations; or</text>
</subclause><subclause id="HC21D063526CF465FA23D84104C708FC2"><enum>(II)</enum><text>mark-up-to-budget
contracts pursuant to section 524(a)(4) of the Multifamily Assisted Housing
Reform and Affordability Act (42 U.S.C. 1437f note), as such section is carried
out by the Secretary for properties owned by eligible owners ( as such term is
defined in section 202(k) of the Housing Act of 1959 (12 U.S.C.
1701q(k));</text>
</subclause></clause><clause id="H2C974A08789A4262A555C380A01CD83C"><enum>(iv)</enum><text>the project owner
may charge tenants rent sufficient to meet debt service payments and operating
cost requirements, as approved by the Secretary, if project-based rental
assistance is not available or is insufficient for the debt service and
operating cost of the project after refinancing. Such approval by the
Secretary—</text>
<subclause id="HB1A7EE77DB7A415A87D4ECCB7C326320"><enum>(I)</enum><text>shall be the basis
for the owner to agree to terminate the project-based rental assistance
contract that is insufficient for the debt service and operating cost of the
project after refinancing; and</text>
</subclause><subclause id="H74976687B1B748ECA4CDED6D40BAD361"><enum>(II)</enum><text>shall be an
eligibility event for the project for purposes of section 8(t) of the United
States Housing Act of 1937 (42 U.S.C. 1437f(t));</text>
</subclause></clause><clause id="H0D7A489326D94BD2A7E5EED92C3A5450"><enum>(v)</enum><text>units to be
occupied by tenants assisted under section 8(t) of the United States Housing
Act of 1937 (42 U.S.C. 1437f(t)) shall, upon termination of the occupancy of
such tenants, become eligible for project-based assistance under section
8(o)(13) of the United States Housing Act of 1937 (42 U.S.C. 1437f(o)(13))
without regard to the percentage limitations provided in such section;
and</text>
</clause><clause id="H3FA4506AADA848A09BA0FDF28D35FF33"><enum>(vi)</enum><text>there shall be a
use agreement of 20 years from the date of the maturity date of the original
202 loan for all units, including units to be occupied by tenants assisted
under section 8(t) of the United States Housing Act of 1937 (42 U.S.C.
1437f(t)).</text>
</clause></subparagraph></paragraph></subsection></section><section id="HC5355BE3C26A4E8A9655B6ECB42E9219"><enum>230.</enum><text>No property
identified by the Secretary of Housing and Urban Development as surplus Federal
property for use to assist the homeless shall be made available to any homeless
group unless the group is a member in good standing under any of HUD's homeless
assistance programs or is in good standing with any other program which
receives funds from any other Federal or State agency or entity:
<italic>Provided</italic>, That an exception may be made for an entity not
involved with Federal homeless programs to use surplus Federal property for the
homeless only after the Secretary or another responsible Federal agency has
fully and comprehensively reviewed all relevant finances of the entity, the
track record of the entity in assisting the homeless, the ability of the entity
to manage the property, including all costs, the ability of the entity to
administer homeless programs in a manner that is effective to meet the needs of
the homeless population that is expected to use the property and any other
related issues that demonstrate a commitment to assist the homeless:
<italic>Provided further</italic>, That the Secretary shall not require the
entity to have cash in hand in order to demonstrate financial ability but may
rely on the entity's prior demonstrated fundraising ability or commitments for
in-kind donations of goods and services: <italic>Provided further</italic>,
That the Secretary shall make all such information and its decision regarding
the award of the surplus property available to the committees of jurisdiction,
including a full justification of the appropriateness of the use of the
property to assist the homeless as well as the appropriateness of the group
seeking to obtain the property to use such property to assist the homeless:
<italic>Provided further</italic>, That, this section shall apply to properties
in fiscal year 2009 and 2010 made available as surplus Federal property for use
to assist the homeless.</text>
</section><section id="H76C91B5549014FF3BA1E019D1D1FFB85"><enum>231.</enum><text>The Secretary of
the Department of Housing and Urban Development is authorized to transfer up to
5 percent of funds appropriated for any account under this title under the
heading <quote>Personnel Compensation and Benefits</quote> to any other account
under this title under the heading <quote>Personnel Compensation and
Benefits</quote> only after such transfer has been submitted to, and received
prior written approval by, the House and Senate Committees on Appropriations:
<italic>Provided</italic>, That, no appropriation for any such account shall be
increased or decreased by more than 10 percent by all such transfers.</text>
</section><section id="H31459BB90DB24FA785C01293A0C850B5"><enum>232.</enum><text>The Disaster
Housing Assistance Programs, administered by the Department of Housing and
Urban Development, shall be considered a <quote>program of the Department of
Housing and Urban Development</quote> under section 904 of the McKinney Act for
the purpose of income verifications and matching.</text>
</section><section id="H0EEE041C42194D5B8E89DDF50C053873"><enum>233.</enum><text>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.</text>
</section><section id="HF7579F32C4CE4A2FAB7A199C521F9C89"><enum>234.</enum><text>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.</text>
</section><section commented="no" display-inline="no-display-inline" id="HD2C649AEC67A49429DDAC004596DFB03" section-type="subsequent-section"><enum>235.</enum><text>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)).</text>
</section><section display-inline="no-display-inline" id="H96FF115A95F54FE19DAEEFB153B67571" section-type="undesignated-section"><text display-inline="yes-display-inline">This title may be cited as the
<quote>Department of Housing and Urban Development Appropriations Act,
2010</quote>.</text>
<appropriations-major id="H951469D020A349A1A4A2F8D5E89BCBDA"><header>TITLE
III</header>
</appropriations-major><appropriations-major id="H9E764C81C8934682872E5EB441648FA8"><header>RELATED
AGENCIES</header>
</appropriations-major><appropriations-intermediate id="H17594FC9397A4BE68D7B4E59E1F8416E"><header>Architectural and Transportation
Barriers Compliance Board</header>
</appropriations-intermediate><appropriations-small id="HC14C0141269A4918AD55931AD3461A2C"><header>Salaries and
expenses</header><text display-inline="no-display-inline">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: <italic>Provided</italic>, That,
notwithstanding any other provision of law, there may be credited to this
appropriation funds received for publications and training
expenses.</text>
</appropriations-small><appropriations-intermediate id="HA5888C36BB254ED6B99040048B2D2989"><header>Federal maritime
commission</header>
</appropriations-intermediate><appropriations-small id="HD02B32957F554168BF45A239660DABC0"><header>Salaries and
expenses</header><text display-inline="no-display-inline">For necessary
expenses of the Federal Maritime Commission as authorized by section 201(d) of
the Merchant Marine Act, 1936, as amended (46 U.S.C. App. 1111), including
services as authorized by 5 U.S.C. 3109; hire of passenger motor vehicles as
authorized by 31 U.S.C. 1343(b); and uniforms or allowances therefore, as
authorized by 5 U.S.C. 5901–5902, $23,712,000:
<italic>Provided</italic>, That not to exceed
$2,000 shall be available for official reception
and representation expenses.</text>
</appropriations-small><appropriations-intermediate id="H404A5F540F07435BA3103491BC691675"><header>National transportation safety
board</header>
</appropriations-intermediate><appropriations-small id="H3D104D5A328B408CAAAB827DB9758BC6"><header>Salaries and
expenses</header><text display-inline="no-display-inline">For necessary
expenses of the National Transportation Safety Board, including hire of
passenger motor vehicles and aircraft; services as authorized by 5 U.S.C. 3109,
but at rates for individuals not to exceed the per diem rate equivalent to the
rate for a GS–15; uniforms, or allowances therefor, as authorized by law (5
U.S.C. 5901–5902) $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.</text>
</appropriations-small><appropriations-intermediate id="HDF9B2BCE652649B78D2057EC98594C56"><header>Neighborhood reinvestment
corporation</header>
</appropriations-intermediate><appropriations-small id="HB5C826461A4A45778F10D8FECA1BF031"><header>Payment to the neighborhood
reinvestment corporation</header><text display-inline="no-display-inline">For
payment to the Neighborhood Reinvestment Corporation for use in neighborhood
reinvestment activities, as authorized by the Neighborhood Reinvestment
Corporation Act (42 U.S.C. 8101–8107),
$133,000,000: <italic>Provided</italic>, 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, <quote>, except that the board-appointed officers may be paid salary at
a rate not to exceed level II of the Executive Schedule</quote>:
<italic>Provided further</italic>, 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:</text>
<paragraph id="H8751DEA9EF4546B3A475765178357651"><enum>(1)</enum><text>The Neighborhood
Reinvestment Corporation (<quote>NRC</quote>), shall make grants to counseling
intermediaries approved by the Department of Housing and Urban Development
(HUD) (with match to be determined by the NRC based on affordability and the
economic conditions of an area; a match also may be waived by the NRC based on
the aforementioned conditions) to provide mortgage foreclosure mitigation
assistance primarily to States and areas with high rates of defaults and
foreclosures 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.</text>
</paragraph><paragraph id="HD3EB43DD5F1E40F5BF9534B4A641B940"><enum>(2)</enum><text>Mortgage
foreclosure mitigation assistance shall only be made available to homeowners of
owner-occupied homes with mortgages in default or in danger of default. These
mortgages shall likely be subject to a foreclosure action and homeowners will
be provided such assistance that shall consist of activities that are likely to
prevent foreclosures and result in the long-term affordability of the mortgage
retained pursuant to such activity or another positive outcome for the
homeowner. No funds made available under this paragraph may be provided
directly to lenders or homeowners to discharge outstanding mortgage balances or
for any other direct debt reduction payments.</text>
</paragraph><paragraph id="H6A3EA6ECB3924B658DFE4FC011955536"><enum>(3)</enum><text>The use of
Mortgage Foreclosure Mitigation Assistance by approved counseling
intermediaries and State Housing Finance Agencies shall involve a reasonable
analysis of the borrower's financial situation, an evaluation of the current
value of the property that is subject to the mortgage, counseling regarding the
assumption of the mortgage by another non-Federal party, counseling regarding
the possible purchase of the mortgage by a non-Federal third party, counseling
and advice of all likely restructuring and refinancing strategies or the
approval of a work-out strategy by all interested parties.</text>
</paragraph><paragraph id="H0339221AD4024D63A7958026C8CA3E06"><enum>(4)</enum><text>NRC may provide up
to 15 percent of the total funds under this paragraph to its own charter
members with expertise in foreclosure prevention counseling, subject to a
certification by the NRC that the procedures for selection do not consist of
any procedures or activities that could be construed as an unacceptable
conflict of interest or have the appearance of impropriety.</text>
</paragraph><paragraph id="HA7288E307F7E470D8D719D995E582397"><enum>(5)</enum><text>HUD-approved
counseling entities and State Housing Finance Agencies receiving funds under
this paragraph shall have demonstrated experience in successfully working with
financial institutions as well as borrowers facing default, delinquency and
foreclosure as well as documented counseling capacity, outreach capacity, past
successful performance and positive outcomes with documented counseling plans
(including post mortgage foreclosure mitigation counseling), loan workout
agreements and loan modification agreements. NRC may use other criteria to
demonstrate capacity in underserved areas.</text>
</paragraph><paragraph id="H27620E11886D4D3A9CDFB359EEDDDE0D"><enum>(6)</enum><text>Of the total
amount made available under this paragraph, up to
$3,000,000 may be made available to build the
mortgage foreclosure and default mitigation counseling capacity of counseling
intermediaries through NRC training courses with HUD-approved counseling
intermediaries and their partners, except that private financial institutions
that participate in NRC training shall pay market rates for such
training.</text>
</paragraph><paragraph id="HDEE45D8642A246079DD801E628DD3EAF"><enum>(7)</enum><text>Of the total
amount made available under this paragraph, up to 4 percent may be used for
associated administrative expenses for the NRC to carry out activities provided
under this section.</text>
</paragraph><paragraph id="HBF1FFE11BEBC4AD3A5F4AF47CB4C34FD"><enum>(8)</enum><text>Mortgage
foreclosure mitigation assistance grants may include a budget for outreach and
advertising, and training, as determined by the NRC.</text>
</paragraph><paragraph id="H97E4785A555445AF9F110C4310319EAA"><enum>(9)</enum><text>The NRC shall
report quarterly 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.</text>
</paragraph></appropriations-small><appropriations-intermediate id="HF78503EFB95D483393326DDF7D36484B"><header>United states interagency
council on homelessness</header>
</appropriations-intermediate><appropriations-small id="HA0CC47C43F8345CDBA933996F520BF21"><header>Operating expenses</header><text display-inline="no-display-inline">For necessary expenses (including payment of
salaries, authorized travel, hire of passenger motor vehicles, the rental of
conference rooms, and the employment of experts and consultants under section
3109 of title 5, United States Code) of the United States Interagency Council
on Homelessness in carrying out the functions pursuant to title II of the
McKinney-Vento Homeless Assistance Act, as amended,
$2,400,000.</text>
</appropriations-small><appropriations-major id="H8068E047A2C04945AC6C9EC1FDA38D23"><header>TITLE
IV</header>
</appropriations-major><appropriations-major id="H8AED178F78964F84A0860FCDD013B5C7"><header>general provisions—this
act</header>
</appropriations-major></section><section id="H008609202C7145C3B1E3B963B90F3D26"><enum>401.</enum><text>Such sums as may
be necessary for fiscal year 2010 pay raises for programs funded in this Act
shall be absorbed within the levels appropriated in this Act or previous
appropriations Acts.</text>
</section><section id="H69FA72933D3A47F69BC870E85BA3F1C5"><enum>402.</enum><text>None of the funds
in this Act shall be used for the planning or execution of any program to pay
the expenses of, or otherwise compensate, non-Federal parties intervening in
regulatory or adjudicatory proceedings funded in this Act.</text>
</section><section id="HEC483FDA825B462C995FB7EE2092C5E1"><enum>403.</enum><text>None of the funds
appropriated in this Act shall remain available for obligation beyond the
current fiscal year, nor may any be transferred to other appropriations, unless
expressly so provided herein.</text>
</section><section id="HF4A4679390454591A275D908490CF806"><enum>404.</enum><text>The expenditure
of any appropriation under this Act for any consulting service through
procurement contract pursuant to section 3109 of title 5, United States Code,
shall be limited to those contracts where such expenditures are a matter of
public record and available for public inspection, except where otherwise
provided under existing law, or under existing Executive order issued pursuant
to existing law.</text>
</section><section id="H5C42061F7634478B8B73FF3B9D52B10B"><enum>405.</enum><text>Except as
otherwise provided in this Act, none of the funds provided in this Act,
provided by previous appropriations Acts to the agencies or entities funded in
this Act that remain available for obligation or expenditure in fiscal year
2010, or provided from any accounts in the Treasury derived by the collection
of fees and available to the agencies funded by this Act, shall be available
for obligation or expenditure through a reprogramming of funds that: (1)
creates a new program; (2) eliminates a program, project, or activity; (3)
increases funds or personnel for any program, project, or activity for which
funds have been denied or restricted by the Congress; (4) proposes to use funds
directed for a specific activity by either the House or Senate Committees on
Appropriations for a different purpose; (5) augments existing programs,
projects, or activities in excess of $5,000,000
or 10 percent, whichever is less; (6) reduces existing programs, projects, or
activities by $5,000,000 or 10 percent,
whichever is less; or (7) creates, reorganizes, or restructures a branch,
division, office, bureau, board, commission, agency, administration, or
department different from the budget justifications submitted to the Committees
on Appropriations or the table accompanying the explanatory statement
accompanying this Act, whichever is more detailed, unless prior approval is
received from the House and Senate Committees on Appropriations:
<italic>Provided</italic>, That not later than 60 days after the date of
enactment of this Act, each agency funded by this Act shall submit a report to
the Committees on Appropriations of the Senate and of the House of
Representatives to establish the baseline for application of reprogramming and
transfer authorities for the current fiscal year: <italic>Provided
further</italic>, That the report shall include: (1) a table for each
appropriation with a separate column to display the President's budget request,
adjustments made by Congress, adjustments due to enacted rescissions, if
appropriate, and the fiscal year enacted level; (2) a delineation in the table
for each appropriation both by object class and program, project, and activity
as detailed in the budget appendix for the respective appropriation; and (3) an
identification of items of special congressional interest: <italic>Provided
further</italic>, That the amount appropriated or limited for salaries and
expenses for an agency shall be reduced by
$100,000 per day for each day after the required
date that the report has not been submitted to the Congress.</text>
</section><section id="H08FDF475076746AA973B2F401BCEC8BA"><enum>406.</enum><text>Except as
otherwise specifically provided by law, not to exceed 50 percent of unobligated
balances remaining available at the end of fiscal year 2010 from appropriations
made available for salaries and expenses for fiscal year 2010 in this Act,
shall remain available through September 30, 2011, for each such account for
the purposes authorized: <italic>Provided</italic>, That a request shall be
submitted to the House and Senate Committees on Appropriations for approval
prior to the expenditure of such funds: <italic>Provided further</italic>, That
these requests shall be made in compliance with reprogramming guidelines under
section 405 of this Act.</text>
</section><section id="H6C57A6DD301A447680C182ACC15E4A92"><enum>407.</enum><text>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.</text>
</section><section id="H5D72C05853FE47BDBA3B04A2FB35AB84"><enum>408.</enum><subsection commented="no" display-inline="yes-display-inline" id="H4CA8530A94944FAA840FA2D42687B231"><enum>(a)</enum><text>None of the funds made
available in this Act may be obligated or expended for any employee training
that—</text>
<paragraph changed="deleted" id="H68D7F0A61DAA4307846616E336FFF0BF" reported-display-style="strikethrough"><enum>(1)</enum><text>does not meet
identified needs for knowledge, skills, and abilities bearing directly upon the
performance of official duties;</text>
</paragraph><paragraph changed="deleted" id="HCAA267A86E7744C5817D7A9930627DA0" reported-display-style="strikethrough"><enum>(2)</enum><text>contains elements
likely to induce high levels of emotional response or psychological stress in
some participants;</text>
</paragraph><paragraph changed="deleted" id="HEE96985F299A496C8CEDF314266D12B7" reported-display-style="strikethrough"><enum>(3)</enum><text>does not require
prior employee notification of the content and methods to be used in the
training and written end of course evaluation;</text>
</paragraph><paragraph changed="deleted" id="HFCBA1761465F47468063B1DF1C840AE3" reported-display-style="strikethrough"><enum>(4)</enum><text>contains any
methods or content associated with religious or quasi-religious belief systems
or <quote>new age</quote> belief systems as defined in Equal Employment
Opportunity Commission Notice N–915.022, dated September 2, 1988; or</text>
</paragraph><paragraph changed="deleted" id="HE7DB3A9566744F3892975A6412D38802" reported-display-style="strikethrough"><enum>(5)</enum><text>is offensive to,
or designed to change, participants' personal values or lifestyle outside the
workplace.</text>
</paragraph></subsection><subsection changed="deleted" id="HF0D8A8F89FDB4C8E81911D23269B6163" reported-display-style="strikethrough"><enum>(b)</enum><text>Nothing in this
section shall prohibit, restrict, or otherwise preclude an agency from
conducting training bearing directly upon the performance of official
duties.</text>
</subsection></section><section id="H953B5C8C0C26408DA0C33D1314172871"><enum>409.</enum><text>No funds in this
Act may be used to support any Federal, State, or local projects that seek to
use the power of eminent domain, unless eminent domain is employed only for a
public use: <italic>Provided</italic>, That for purposes of this section,
public use shall not be construed to include economic development that
primarily benefits private entities: <italic>Provided further</italic>, That
any use of funds for mass transit, railroad, airport, seaport or highway
projects as well as utility projects which benefit or serve the general public
(including energy-related, communication-related, water-related and
wastewater-related infrastructure), other structures designated for use by the
general public or which have other common-carrier or public-utility functions
that serve the general public and are subject to regulation and oversight by
the government, and projects for the removal of an immediate threat to public
health and safety or brownsfield as defined in the Small Business Liability
Relief and Brownsfield Revitalization Act (Public Law 107–118) shall be
considered a public use for purposes of eminent domain.</text>
</section><section id="H2F36523E0E5F47A1BCB6BBB1D1965625"><enum>410.</enum><text>None of the funds
made available in this Act may be transferred to any department, agency, or
instrumentality of the United States Government, except pursuant to a transfer
made by, or transfer authority provided in, this Act or any other
appropriations Act.</text>
</section><section id="HA15A6D693BF141DAA790893B80F04613"><enum>411.</enum><text>No part of any
appropriation contained in this Act shall be available to pay the salary for
any person filling a position, other than a temporary position, formerly held
by an employee who has left to enter the Armed Forces of the United States and
has satisfactorily completed his period of active military or naval service,
and has within 90 days after his release from such service or from
hospitalization continuing after discharge for a period of not more than 1
year, made application for restoration to his former position and has been
certified by the Office of Personnel Management as still qualified to perform
the duties of his former position and has not been restored thereto.</text>
</section><section id="HAC865CACFD124588B5F4178F79D7FAB5"><enum>412.</enum><text>No funds
appropriated pursuant to this Act may be expended by an entity unless the
entity agrees that in expending the assistance the entity will comply with
sections 2 through 4 of the Act of March 3, 1933 (41 U.S.C. 10a–10c, popularly
known as the <quote>Buy American Act</quote>).</text>
</section><section id="H65A27F6BEFAE432F9F2C4F392453A743"><enum>413.</enum><text>No funds
appropriated or otherwise made available under this Act shall be made available
to any person or entity that has been convicted of violating the Buy American
Act (41 U.S.C. 10a–10c).</text>
</section><section id="HAC977096AB4D4738ACD19FDDA1A49489"><enum>414.</enum><text display-inline="yes-display-inline">None of the funds made available in this
Act may be used for first-class airline accommodations in contravention of
sections 301–10.122 and 301–10.123 of title 41, Code of Federal
Regulations.</text>
</section><section id="H5227D972508941C6864DDB8182A84B3C"><enum>415.</enum><text display-inline="yes-display-inline">None of the funds made available in this
Act may be used to purchase a light bulb for an office building unless the
light bulb has, to the extent practicable, an Energy Star or Federal Energy
Management Program designation.</text>
</section><section id="H25B0C76B027846D888EC6E7D961E0592"><enum>416.</enum><text display-inline="yes-display-inline">None of the funds made available in this
Act may be used by Amtrak to provide free alcohol.</text>
</section><section id="H425FC79BC97D4A3695852E57D0AD7682"><enum>417.</enum><text display-inline="yes-display-inline">None of the funds made available in this
Act may be used to establish, issue, implement, adminster, or enforce any
prohibition or restriction on the establishment or effectiveness of any
occupancy preference for veterans in supportive housing for the elderly that:
(1) is provided assistance by the Department of Housing and Urban Development;
and (2)(A) is or would be located on property of the Department of Veterans
Affairs; or (B) is subject to an enhanced use lease with the Department of
Veterans Affairs.</text>
</section><section id="HE7AF9A0242A24655AEBD12759671B90F"><enum>418.</enum><text display-inline="yes-display-inline">None of the funds made available in this
Act may be used to implement or enforce the requirement under section 12(c) of
the United States Housing Act of 1937 (42 U.S.C. 1437j(c); relating to
community service).</text>
<appropriations-small id="H57A9DA2CEAE44F5AA559D1AD4764C5AF"><text display-inline="no-display-inline">This Act may be cited as the
<quote><short-title>Transportation, Housing and Urban
Development, and Related Agencies Appropriations Act,
2010</short-title></quote>.</text>
</appropriations-small></section>
That the following sums are appropriated, out
of any money in the Treasury not otherwise appropriated, for the Departments of
Transportation and Housing and Urban Development, and related agencies for the
fiscal year ending September 30, 2010, and for other purposes,
namely:
<enum>I</enum>
<appropriations-major id="id44778752FDE9403FBDC5CAFE72BA0D6C"><header>Department of
transportation</header>
</appropriations-major><appropriations-intermediate id="idf042a29b-7d53-4e63-8f36-a0577deb2352"><header>Office of the
secretary</header>
</appropriations-intermediate><appropriations-small id="ida750eda6-9f09-4b78-aea9-5c94140bf152"><header>Salaries and expenses</header><text display-inline="no-display-inline">For necessary expenses of the Office of the
Secretary, $100,975,000, of which not to exceed
$2,631,000 shall be available for the immediate
Office of the Secretary; not to exceed $986,000
shall be available for the immediate Office of the Deputy Secretary; not to
exceed $20,359,000 shall be available for the
Office of the General Counsel; not to exceed
$10,107,000 shall be available for the Office of
the Under Secretary of Transportation for Policy; not to exceed
$10,559,000 shall be available for the Office of
the Assistant Secretary for Budget and Programs; not to exceed
$2,400,000 shall be available for the Office of
the Assistant Secretary for Governmental Affairs; not to exceed
$26,265,000 shall be available for the Office of
the Assistant Secretary for Administration; not to exceed
$2,123,000 shall be available for the Office of
Public Affairs; not to exceed $1,711,000 shall
be available for the Office of the Executive Secretariat; not to exceed
$1,499,000 shall be available for the Office of
Small and Disadvantaged Business Utilization; not to exceed
$9,072,000 for the Office of Intelligence,
Security, and Emergency Response; and not to exceed
$13,263,000 shall be available for the Office of
the Chief Information Officer: <italic>Provided</italic>, That the Secretary of
Transportation is authorized to transfer funds appropriated for any office of
the Office of the Secretary to any other office of the Office of the Secretary:
<italic>Provided further</italic>, That no appropriation for any office shall
be increased or decreased by more than 5 percent by all such transfers:
<italic>Provided further</italic>, That notice of any change in funding greater
than 5 percent shall be submitted for approval to the House and Senate
Committees on Appropriations: <italic>Provided further</italic>, That not to
exceed $60,000 shall be for allocation within
the Department for official reception and representation expenses as the
Secretary may determine: <italic>Provided further</italic>, That
notwithstanding any other provision of law, excluding fees authorized in Public
Law 107–71, there may be credited to this appropriation up to
$2,500,000 in funds received in user fees:
<italic>Provided further</italic>, That none of the funds provided in this Act
shall be available for the position of Assistant Secretary for Public
Affairs.</text>
</appropriations-small><appropriations-small id="id4B3E926E015C49CFA9C704328D8427FC"><header>National Infrastructure
Investments</header><text display-inline="no-display-inline">For capital
investments in surface transportation infrastructure,
$1,100,000,000, to remain available through
September 30, 2012:
<proviso><italic>Provided,</italic></proviso> That the Secretary of
Transportation shall distribute funds provided under this heading as
discretionary grants to be awarded to a State, local government, transit
agency, or a collaboration among such entities on a competitive basis for
projects that will have a significant impact on the Nation, a metropolitan
area, or a region:
<proviso><italic>Provided further,</italic></proviso> That projects
eligible for funding provided under this heading shall include, but not be
limited to, highway or bridge projects eligible under title 23, United States
Code; public transportation projects eligible under chapter 53 of title 49,
United States Code; passenger and freight rail transportation projects; and
port infrastructure investments:
<proviso><italic>Provided further,</italic></proviso> That in
distributing funds provided under this heading, the Secretary shall take such
measures so as to ensure an equitable geographic distribution of funds, an
appropriate balance in addressing the needs of urban and rural communities, and
the investment in a variety of transportation modes:
<proviso><italic>Provided further, </italic></proviso>That a grant
funded under this heading shall be not less than
$10,000,000 and not greater than
$300,000,000:
<proviso><italic>Provided further, </italic></proviso>That not more
than 25 percent of the funds made available under this heading may be awarded
to projects in a single State:
<proviso><italic>Provided further, </italic></proviso>That the Federal
share of the costs for which an expenditure is made under this heading shall
be, at the option of the recipient, up to 80 percent:
<proviso><italic>Provided further, </italic></proviso>That the
Secretary shall give priority to projects that require a contribution of
Federal funds in order to complete an overall financing package:
<proviso><italic>Provided further, </italic></proviso>That not less
than $250,000,000 of the funds provided under
this heading shall be for projects located in rural communities:
<proviso><italic>Provided further, </italic></proviso>That for projects
located in rural communities, the minimum grant size shall be
$1,000,000 and the Secretary may increase the
Federal share of costs above 80 percent:
<proviso><italic>Provided further, </italic></proviso>That projects
conducted using funds provided under this heading must comply with the
requirements of subchapter IV of chapter 31 of title 40, United States Code:
<proviso><italic>Provided further, </italic></proviso>That the
Secretary shall publish criteria on which to base the competition for any
grants awarded under this heading no sooner than 60 days after enactment of
this Act, require applications for funding provided under this heading to be
submitted so sooner than 120 days after the publication of such criteria, and
announce all projects selected to be funded from funds provided under this
heading no sooner than September 15, 2010:
<proviso><italic>Provided further</italic></proviso>, That the
Secretary may retain up to $25,000,000 of the
funds provided under this heading, and may transfer portions of those funds to
the Administrators of the Federal Highway Administration, the Federal Transit
Administration, the Federal Railroad Administration and the Federal Maritime
Administration, to fund the award and oversight of grants made under this
heading.</text>
</appropriations-small><appropriations-small id="idc8bb18a0-e2b4-4723-a67e-01dcb429b142"><header>Financial management
capital</header><text display-inline="no-display-inline">For necessary expenses
for upgrading and enhancing the Department of Transportation's financial
systems and re-engineering business processes,
$5,000,000, to remain available until
expended.</text>
</appropriations-small><appropriations-small id="id9249c21c-7da8-4e14-a85f-40ce672c79a6"><header>Office of civil rights</header><text display-inline="no-display-inline">For necessary expenses of the Office of
Civil Rights,
$9,667,000.</text>
</appropriations-small><appropriations-small id="id142ca412-47b8-4f2e-9453-51b62203b86a"><header>Transportation planning, research, and
development</header><text display-inline="no-display-inline">For necessary
expenses for conducting transportation planning, research, systems development,
development activities, and making grants, to remain available until expended,
$8,233,000.</text>
</appropriations-small><appropriations-small id="id9facc7dc-4f03-4079-af3b-8260bb98427a"><header>Working capital fund</header><text display-inline="no-display-inline">Necessary expenses for operating costs and
capital outlays of the Working Capital Fund, not to exceed
$147,500,000, shall be paid from appropriations
made available to the Department of Transportation: <italic>Provided</italic>,
That such services shall be provided on a competitive basis to entities within
the Department of Transportation: <italic>Provided further</italic>, That the
above limitation on operating expenses shall not apply to non-DOT entities:
<italic>Provided further</italic>, That no funds appropriated in this Act to an
agency of the Department shall be transferred to the Working Capital Fund
without the approval of the agency modal administrator: <italic>Provided
further</italic>, That no assessments may be levied against any program, budget
activity, subactivity or project funded by this Act unless notice of such
assessments and the basis therefor are presented to the House and Senate
Committees on Appropriations and are approved by such
Committees.</text>
</appropriations-small><appropriations-small id="idbee47baf-68f8-4915-b147-5d5bdba0cf28"><header>Minority business resource center
program</header><text display-inline="no-display-inline">For the cost of
guaranteed loans, $353,000, as authorized by 49
U.S.C. 332: <italic>Provided</italic>, That such costs, including the cost of
modifying such loans, shall be as defined in section 502 of the Congressional
Budget Act of 1974: <italic>Provided further</italic>, That these funds are
available to subsidize total loan principal, any part of which is to be
guaranteed, not to exceed $18,367,000. In
addition, for administrative expenses to carry out the guaranteed loan program,
$570,000.</text>
</appropriations-small><appropriations-small id="id6e0b92a3-ea09-43fa-b1c8-9231da31d9ee"><header>Minority business
outreach</header><text display-inline="no-display-inline">For necessary
expenses of Minority Business Resource Center outreach activities,
$3,074,000, to remain available until September
30, 2011: <italic>Provided</italic>, That notwithstanding 49 U.S.C. 332, these
funds may be used for business opportunities related to any mode of
transportation.</text>
</appropriations-small><appropriations-small id="idca353746-3671-4b26-a2c3-018ee557222c"><header>Payments to air
carriers</header>
</appropriations-small><appropriations-small id="id9d56150c-3900-4d29-b869-40c73e6be8fc"><header>(airport and airway trust
fund)</header>
</appropriations-small><appropriations-small id="id8080f18e-1fc3-4d43-b2cf-d68bd0d23531"><header>(including transfer of
funds)</header><text display-inline="no-display-inline">In addition to funds
made available from any other source to carry out the essential air service
program under 49 U.S.C. 41731 through 41742,
$125,000,000, to be derived from the Airport and
Airway Trust Fund, to remain available until expended:
<italic>Provided</italic>, That, in determining between or among carriers
competing to provide service to a community, the Secretary may consider the
relative subsidy requirements of the carriers: <italic>Provided
further</italic>, That, if the funds under this heading are insufficient to
meet the costs of the essential air service program in the current fiscal year,
the Secretary shall transfer such sums as may be necessary to carry out the
essential air service program from any available amounts appropriated to or
directly administered by the Office of the Secretary for such fiscal
year.</text>
</appropriations-small><appropriations-small id="id7cc8d82b-f4f8-49bc-bdd5-bfdf17b7b2f4"><header>Administrative provisions—office of the
secretary of transportation</header>
</appropriations-small><section id="HDB8E52CE968D4ED899539BB78733D951"><enum>101.</enum><text>The Secretary of
Transportation is authorized to transfer the unexpended balances available for
the bonding assistance program from <quote>Office of the Secretary, Salaries
and expenses</quote> to <quote>Minority Business Outreach</quote>.</text>
</section><section id="id35052414-3a40-4c99-b7ee-bf8c7232de55"><enum>102.</enum><text>None of the funds made
available in this Act to the Department of Transportation may be obligated for
the Office of the Secretary of Transportation to approve assessments or
reimbursable agreements pertaining to funds appropriated to the modal
administrations in this Act, except for activities underway on the date of
enactment of this Act, unless such assessments or agreements have completed the
normal reprogramming process for Congressional notification.</text>
</section><section id="id753b399a-2007-4324-b625-79ddd1479af1"><enum>103.</enum><text>None of the funds made
available under this Act may be obligated or expended to establish or implement
a program under which essential air service communities are required to assume
subsidy costs commonly referred to as the EAS local participation
program.</text>
</section><section id="id0787a536-0943-4dad-8603-0e208e67a948"><enum>104.</enum><text>The Secretary or his or
her designee may engage in activities with States and State legislators to
consider proposals related to the reduction of motorcycle fatalities.</text>
<appropriations-intermediate id="HDCB645474FE44383B4F539D851C2D72E"><header>Federal aviation
administration</header>
</appropriations-intermediate><appropriations-small id="H3A6A14842655494AAA4F9111815FA36D"><header>Operations</header>
</appropriations-small><appropriations-small id="H9B928B2D1CDE44D0B0D1AB2E6C8E8518"><header>(airport and airway trust
fund)</header>
</appropriations-small><appropriations-small id="id09F2DA2444054D719022ACEFE530748C"><header>(including transfer of
funds)</header><text display-inline="no-display-inline">For necessary expenses
of the Federal Aviation Administration, not otherwise provided for, including
operations and research activities related to commercial space transportation,
administrative expenses for research and development, establishment of air
navigation facilities, the operation (including leasing) and maintenance of
aircraft, subsidizing the cost of aeronautical charts and maps sold to the
public, lease or purchase of passenger motor vehicles for replacement only, in
addition to amounts made available by Public Law 108–176,
$9,359,131,000, of which
$5,277,648,000 shall be derived from the Airport
and Airway Trust Fund, of which not to exceed
$7,305,902,000 shall be available for air
traffic organization activities; not to exceed
$1,236,565,000 shall be available for aviation
safety activities; not to exceed $14,737,000
shall be available for commercial space transportation activities; not to
exceed $113,681,000 shall be available for
financial services activities; not to exceed
$100,428,000 shall be available for human
resources program activities; not to exceed
$341,977,000 shall be available for region and
center operations and regional coordination activities; not to exceed
$196,063,000 shall be available for staff
offices; and not to exceed $49,778,000 shall be
available for information services: <italic>Provided</italic>, That the
Secretary utilize not less than $18,500,000 of
the funds provided for aviation safety activities to pay for staff increases in
the Office of Aviation Flight Standards and the Office of Aircraft
Certification:
<proviso><italic>Provided further</italic></proviso>, That none of the
funds provided for increases to the staffs of the aviation flight standards and
aircraft certification offices shall be used for other purposes:
<proviso><italic>Provided further</italic></proviso>, That not to
exceed 2 percent of any budget activity, except for aviation safety budget
activity, may be transferred to any budget activity under this heading:
<italic>Provided further</italic>, That no transfer may increase or decrease
any appropriation by more than 2 percent: <italic>Provided further</italic>,
That any transfer in excess of 2 percent shall be treated as a reprogramming of
funds under section 405 of this Act and shall not be available for obligation
or expenditure except in compliance with the procedures set forth in that
section: <italic>Provided further</italic>, That not later than March 31 of
each fiscal year hereafter, the Administrator of the Federal Aviation
Administration shall transmit to Congress an annual update to the report
submitted to Congress in December 2004 pursuant to section 221 of Public Law
108–176: <italic>Provided further</italic>, That the amount herein appropriated
shall be reduced by $100,000 for each day after
March 31 that such report has not been submitted to the Congress:
<proviso><italic>Provided further</italic></proviso>, That not later
than March 31 of each fiscal year hereafter, the Administrator shall transmit
to Congress a companion report that describes a comprehensive strategy for
staffing, hiring, and training flight standards and aircraft certification
staff in a format similar to the one utilized for the controller staffing plan,
including stated attrition estimates and numerical hiring goals by fiscal year:
<proviso><italic>Provided further</italic></proviso>, That the amount
herein appropriated shall be reduced by $100,000
per day for each day after March 31 that such report has not been submitted to
Congress:<italic> Provided further</italic>, That funds may be used to enter
into a grant agreement with a nonprofit standard-setting organization to assist
in the development of aviation safety standards: <italic>Provided
further</italic>, That none of the funds in this Act shall be available for new
applicants for the second career training program: <italic>Provided
further</italic>, That none of the funds in this Act shall be available for the
Federal Aviation Administration to finalize or implement any regulation that
would promulgate new aviation user fees not specifically authorized by law
after the date of the enactment of this Act:<italic>Provided further</italic>,
That there may be credited to this appropriation funds received from States,
counties, municipalities, foreign authorities, other public authorities, and
private sources, for expenses incurred in the provision of agency services,
including receipts for the maintenance and operation of air navigation
facilities, and for issuance, renewal or modification of certificates,
including airman, aircraft, and repair station certificates, or for tests
related thereto, or for processing major repair or alteration forms:
<italic>Provided further</italic>, That of the funds appropriated under this
heading, not less than $9,500,000 shall be for
the contract tower cost-sharing program: <italic>Provided further</italic>,
That none of the funds in this Act for aeronautical charting and cartography
are available for activities conducted by, or coordinated through, the Working
Capital Fund:
<proviso><italic>Provided further</italic></proviso>, That not to
exceed $500,000 shall be paid from
appropriations made available by this Act and provided to the Department of
Transportation’s Office of Inspector General through reimbursement to conduct
the annual audits of financial statements in accordance with section 3521 of
title 31, United States Code, and $120,000 shall
be paid from appropriations made available by this Act and provided to that
office through reimbursement to conduct the annual Enterprise Services Center
Statement on Auditing Standards 70 audit.</text>
</appropriations-small><appropriations-small id="HFF60AEE7AA70413EA09BB77F45C439CE"><header>Facilities and
equipment</header>
</appropriations-small><appropriations-small id="H588C1FF170D043389020AD215C9C24A5"><header>(airport and airway trust
fund)</header><text display-inline="no-display-inline">For necessary expenses,
not otherwise provided for, for acquisition, establishment, technical support
services, improvement by contract or purchase, and hire of national airspace
systems and experimental facilities and equipment, as authorized under part A
of subtitle VII of title 49, United States Code, including initial acquisition
of necessary sites by lease or grant; engineering and service testing,
including construction of test facilities and acquisition of necessary sites by
lease or grant; construction and furnishing of quarters and related
accommodations for officers and employees of the Federal Aviation
Administration stationed at remote localities where such accommodations are not
available; and the purchase, lease, or transfer of aircraft from funds
available under this heading, including aircraft for aviation regulation and
certification; to be derived from the Airport and Airway Trust Fund,
$2,942,352,000, of which
$2,472,352,000 shall remain available until
September 30, 2012, and of which $470,000,000
shall remain available until September 30, 2010: <italic>Provided</italic>,
That there may be credited to this appropriation funds received from States,
counties, municipalities, other public authorities, and private sources, for
expenses incurred in the establishment and modernization of air navigation
facilities: <italic>Provided further</italic>, That upon initial submission to
the Congress of the fiscal year 2011 President's budget, the Secretary of
Transportation shall transmit to the Congress a comprehensive capital
investment plan for the Federal Aviation Administration which includes funding
for each budget line item for fiscal years 2011 through 2015, with total
funding for each year of the plan constrained to the funding targets for those
years as estimated and approved by the Office of Management and
Budget.</text>
</appropriations-small><appropriations-small id="H79D7340C66614B53A810D31B2D1BEC2B"><header>Research, engineering, and
development</header>
</appropriations-small><appropriations-small id="HBE9D71786FC44DD4A499FA1ACF0E9D3A"><header>(airport and airway trust
fund)</header><text display-inline="no-display-inline">For necessary expenses,
not otherwise provided for, for research, engineering, and development, as
authorized under part A of subtitle VII of title 49, United States Code,
including construction of experimental facilities and acquisition of necessary
sites by lease or grant, $175,000,000, to be
derived from the Airport and Airway Trust Fund and to remain available until
September 30, 2012: <italic>Provided</italic>, That there may be credited to
this appropriation as offsetting collections, funds received from States,
counties, municipalities, other public authorities, and private sources, which
shall be available for expenses incurred for research, engineering, and
development.</text>
</appropriations-small><appropriations-small id="HB6C9EE8F201E4BA386550719434A14CB"><header>Grants-in-aid for
airports</header>
</appropriations-small><appropriations-small id="HA989B24246484723AE8096761951FF56"><header>(liquidation of contract
authorization)</header>
</appropriations-small><appropriations-small id="HF9D0D5C41C6A4CE2AB227B78CFF0BFC7"><header>(limitation on
obligations)</header>
</appropriations-small><appropriations-small id="H17B5E00C0B58415C86167FE9BA9F3D53"><header>(airport and airway trust
fund)</header><text display-inline="no-display-inline">For liquidation of
obligations incurred for grants-in-aid for airport planning and development,
and noise compatibility planning and programs as authorized under subchapter I
of chapter 471 and subchapter I of chapter 475 of title 49, United States Code,
and under other law authorizing such obligations; for procurement,
installation, and commissioning of runway incursion prevention devices and
systems at airports of such title; for grants authorized under section 41743 of
title 49, United States Code; and for inspection activities and administration
of airport safety programs, including those related to airport operating
certificates under section 44706 of title 49, United States Code,
$3,000,000,000 to be derived from the Airport
and Airway Trust Fund and to remain available until expended:
<italic>Provided</italic>, That none of the funds under this heading shall be
available for the planning or execution of programs the obligations for which
are in excess of $3,515,000,000 in fiscal year
2010, notwithstanding section 47117(g) of title 49, United States Code:
<italic>Provided further</italic>, That none of the funds under this heading
shall be available for the replacement of baggage conveyor systems,
reconfiguration of terminal baggage areas, or other airport improvements that
are necessary to install bulk explosive detection systems: <italic>Provided
further</italic>, That notwithstanding any other provision of law, of funds
limited under this heading, not more than
$93,422,000 shall be obligated for
administration, not less than $15,000,000 shall
be available for the airport cooperative research program, not less than
$22,472,000 shall be for Airport Technology
Research and $8,000,000, to remain available
until expended, shall be available and transferred to <quote>Office of the
Secretary, Salaries and Expenses</quote> to carry out the Small Community Air
Service Development Program.</text>
</appropriations-small><appropriations-small id="id33723505E02C44B4A09CB9833DF3F05C"><header>(rescission)</header><text display-inline="no-display-inline">Of the amounts authorized for the fiscal
year ending September 30, 2009, and prior years under sections 48103 and 48112
of title 49, United States Code, $392,960,000
are permanently rescinded.</text>
</appropriations-small><appropriations-small id="HF4E7A5E12487494FA6C7A85BAB7CCB9C"><header>Administrative provisions—federal
aviation administration</header>
</appropriations-small></section><section id="H98B32962DE404041A54C2C0B681091CD"><enum>110.</enum><text>None of the funds in
this Act may be used to compensate in excess of 600 technical staff-years under
the federally funded research and development center contract between the
Federal Aviation Administration and the Center for Advanced Aviation Systems
Development during fiscal year 2010.</text>
</section><section id="H32155F9A021B4FB79232D461E72AD451"><enum>111.</enum><text>None of the funds in
this Act shall be used to pursue or adopt guidelines or regulations requiring
airport sponsors to provide to the Federal Aviation Administration without cost
building construction, maintenance, utilities and expenses, or space in airport
sponsor-owned buildings for services relating to air traffic control, air
navigation, or weather reporting: <italic>Provided</italic>, That the
prohibition of funds in this section does not apply to negotiations between the
agency and airport sponsors to achieve agreement on <quote>below-market</quote>
rates for these items or to grant assurances that require airport sponsors to
provide land without cost to the FAA for air traffic control facilities.</text>
</section><section id="H8260990A28F04328873A2CAD34B68D24"><enum>112.</enum><text>The Administrator of the
Federal Aviation Administration may reimburse amounts made available to satisfy
49 U.S.C. 41742(a)(1) from fees credited under 49 U.S.C. 45303:
<italic>Provided</italic>, That during fiscal year 2010, 49 U.S.C. 41742(b)
shall not apply, and any amount remaining in such account at the close of that
fiscal year may be made available to satisfy section 41742(a)(1) for the
subsequent fiscal year.</text>
</section><section id="H7C427C0024DF4EE186BD20D8678EA4DC"><enum>113.</enum><text>Amounts collected under
section 40113(e) of title 49, United States Code, shall be credited to the
appropriation current at the time of collection, to be merged with and
available for the same purposes of such appropriation.</text>
</section><section id="H43B51DE995BB41AEB19103567840CCCB"><enum>114.</enum><text>None of the funds
limited by this Act for grants under the Airport Improvement Program shall be
made available to the sponsor of a commercial service airport if such sponsor
fails to agree to a request from the Secretary of Transportation for cost-free
space in a non-revenue producing, public use area of the airport terminal or
other airport facilities for the purpose of carrying out a public service air
passenger rights and consumer outreach campaign.</text>
</section><section id="IDd6269e1dc299416a8c3480ddd3267ea0"><enum>115.</enum><text>None of the funds in
this Act shall be available for paying premium pay under subsection 5546(a) of
title 5, United States Code, to any Federal Aviation Administration employee
unless such employee actually performed work during the time corresponding to
such premium pay.</text>
</section><section id="ID6f4d81fdf0ad4d91a2e3f1597271d270"><enum>116.</enum><text>None of the funds in
this Act may be obligated or expended for an employee of the Federal Aviation
Administration to purchase a store gift card or gift certificate through use of
a Government-issued credit card.</text>
</section><section id="H4EEA8E92E9C14A889140713EA9EC59FF"><enum>117.</enum><text>The Secretary shall
apportion to the sponsor of an airport that received scheduled or unscheduled
air service from a large certified air carrier (as defined in part 241 of title
14 Code of Federal Regulations, or such other regulations as may be issued by
the Secretary under the authority of section 41709) an amount equal to the
minimum apportionment specified in 49 U.S.C. 47114(c), if the Secretary
determines that airport had more than 10,000 passenger boardings in the
preceding calendar year, based on data submitted to the Secretary under part
241 of title 14, Code of Federal Regulations.</text>
<appropriations-intermediate changed="added" committee-id="SSAP00" id="H4CB3B32855BC4ECD9D06F54766D69A8B"><header>Federal highway
administration</header>
</appropriations-intermediate><appropriations-small changed="added" committee-id="SSAP00" id="H7C23FBF4180347CAA11C9A550EC7DDAD" reported-display-style="italic"><header>Limitation on administrative
expenses</header>
</appropriations-small><appropriations-small changed="added" committee-id="SSAP00" id="HE3978F380D7641CCA78CAB264F9EF5BD" reported-display-style="italic"><header>(including transfer of
funds)</header><text display-inline="no-display-inline">Not to exceed
$415,396,000, together with advances and
reimbursements received by the Federal Highway Administration, shall be paid in
accordance with law from appropriations made available by this Act to the
Federal Highway Administration for necessary expenses for administration and
operation. In addition, not to exceed $3,524,000
shall be paid from appropriations made available by this Act and transferred to
the Department of Transportation's Office of Inspector General for costs
associated with audits and investigations of projects and programs of the
Federal Highway Administration, and not to exceed
$285,000 shall be paid from appropriations made
available by this Act and provided to that office through reimbursement to
conduct the annual audits of financial statements in accordance with section
3521 of title 31, United States Code. In addition, not to exceed
$3,124,000 shall be paid from appropriations
made available by this Act and transferred to the Appalachian Regional
Commission in accordance with section 104 of title 23, United States
Code.</text>
</appropriations-small><appropriations-small changed="added" committee-id="SSAP00" id="H23842850BC5042BAAF2765B79F95CB18" reported-display-style="italic"><header>Federal-aid
highways</header>
</appropriations-small><appropriations-small changed="added" committee-id="SSAP00" id="H0A5D2CA11DB1411A9834DF5619793921" reported-display-style="italic"><header>(limitation on
obligations)</header>
</appropriations-small><appropriations-small changed="added" committee-id="SSAP00" id="HEF4FFEC6E158434181BD6DEE60254D2E" reported-display-style="italic"><header>(highway trust fund)</header><text display-inline="no-display-inline">None of the funds in this Act shall be
available for the implementation or execution of programs, the obligations for
which are in excess of $41,107,000,000 for
Federal-aid highways and highway safety construction programs for fiscal year
2010: <italic>Provided</italic>, That within the
$41,107,000,000 obligation limitation on
Federal-aid highways and highway safety construction programs, not more than
$429,800,000 shall be available for the
implementation or execution of programs for transportation research (chapter 5
of title 23, United States Code; sections 111, 5505, and 5506 of title 49,
United States Code; and title 5 of Public Law 109–59) for fiscal year 2010:
<italic>Provided further</italic>, That this limitation on transportation
research programs shall not apply to any authority previously made available
for obligation: <italic>Provided further</italic>, That the Secretary may, as
authorized by section 605(b) of title 23, United States Code, collect and spend
fees to cover the costs of services of expert firms, including counsel, in the
field of municipal and project finance to assist in the underwriting and
servicing of Federal credit instruments and all or a portion of the costs to
the Federal Government of servicing such credit instruments: <italic>Provided
further</italic>, That such fees are available until expended to pay for such
costs: <italic>Provided further</italic>, That such amounts are in addition to
administrative expenses that are also available for such purpose, and are not
subject to any obligation limitation or the limitation on administrative
expenses under section 608 of title 23, United States
Code.</text>
</appropriations-small><appropriations-small changed="added" committee-id="SSAP00" id="H23E68ED8D8644C0C97981FBD585AFF21" reported-display-style="italic"><header>(Liquidation of contract
authorization)</header>
</appropriations-small><appropriations-small changed="added" committee-id="SSAP00" id="HB5436FCD6BB8494EA0E2752E6115F987" reported-display-style="italic"><header>(highway trust fund)</header><text display-inline="no-display-inline">For carrying out the provisions of title 23,
United States Code, that are attributable to Federal-aid highways, not
otherwise provided, including reimbursement for sums expended pursuant to the
provisions of 23 U.S.C. 308, $41,846,000,000 or
so much thereof as may be available in and derived from the Highway Trust Fund
(other than the Mass Transit Account), to remain available until
expended.</text>
</appropriations-small><appropriations-small changed="added" committee-id="SSAP00" id="H9EC66728F24345878BCC46B8E7010984" reported-display-style="italic"><header>Administrative provisions—federal
highway administration</header>
</appropriations-small></section><section id="HEE743482F19B42B9B1A41ABBE245918B"><enum>120.</enum><subsection commented="no" display-inline="yes-display-inline" id="H2C116533AEE549199DF038D8563729E5"><enum>(a)</enum><text>For fiscal year 2009,
the Secretary of Transportation shall—</text>
<paragraph changed="added" id="H58ACDE0C6C424A17829E38AE7240FCE5" reported-display-style="italic"><enum>(1)</enum><text>not distribute from the
obligation limitation for Federal-aid highways amounts authorized for
administrative expenses and programs by section 104(a) of title 23, United
States Code; programs funded from the administrative takedown authorized by
section 104(a)(1) of title 23, United States Code (as in effect on the date
before the date of enactment of the Safe, Accountable, Flexible, Efficient
Transportation Equity Act: A Legacy for Users); the highway use tax evasion
program; and the Bureau of Transportation Statistics;</text>
</paragraph><paragraph changed="added" id="HF5C7774489584598B09DF66D1FB59C69" reported-display-style="italic"><enum>(2)</enum><text>not distribute an amount
from the obligation limitation for Federal-aid highways that is equal to the
unobligated balance of amounts made available from the Highway Trust Fund
(other than the Mass Transit Account) for Federal-aid highways and highway
safety programs for previous fiscal years the funds for which are allocated by
the Secretary;</text>
</paragraph><paragraph changed="added" id="H251CEE337EDE4F00BA8543B11BCCADDE" reported-display-style="italic"><enum>(3)</enum><text>determine the ratio
that—</text>
<subparagraph id="H0000A5EA563641508949F013B06888E8"><enum>(A)</enum><text>the obligation limitation
for Federal-aid highways, less the aggregate of amounts not distributed under
paragraphs (1) and (2), bears to</text>
</subparagraph><subparagraph id="HE2767B6B8ED04D6681A7D382D072E2F6"><enum>(B)</enum><text>the total of the sums
authorized to be appropriated for Federal-aid highways and highway safety
construction programs (other than sums authorized to be appropriated for
provisions of law described in paragraphs (1) through (9) of subsection (b) and
sums authorized to be appropriated for section 105 of title 23, United States
Code, equal to the amount referred to in subsection (b)(10) for such fiscal
year), less the aggregate of the amounts not distributed under paragraphs (1)
and (2) of this subsection;</text>
</subparagraph></paragraph><paragraph changed="added" id="H2E7FD71F0DFC4134B50FF5FB0C86136F" reported-display-style="italic"><enum>(4)</enum><subparagraph commented="no" display-inline="yes-display-inline" id="HD7DDD792754E49C4BED09CAAFE318B63"><enum>(A)</enum><text>distribute the
obligation limitation for Federal-aid highways, less the aggregate amounts not
distributed under paragraphs (1) and (2), for sections 1301, 1302, and 1934 of
the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy
for Users; sections 117 (but individually for each project numbered 1 through
3676 listed in the table contained in section 1702 of the Safe, Accountable,
Flexible, Efficient Transportation Equity Act: A Legacy for Users) and section
144(g) of title 23, United States Code; and section 14501 of title 40, United
States Code, so that the amount of obligation authority available for each of
such sections is equal to the amount determined by multiplying the ratio
determined under paragraph (3) by the sums authorized to be appropriated for
that section for the fiscal year; and</text>
</subparagraph><subparagraph changed="added" id="HF5E6B13AD5144DC591491028F3479420" indent="up1" reported-display-style="italic"><enum>(B)</enum><text>distribute
$2,000,000,000 for section 105 of title 23,
United States Code;</text>
</subparagraph></paragraph><paragraph changed="added" id="H67605ACA5FBB46F5B109EE3EB4DD3A54" reported-display-style="italic"><enum>(5)</enum><text>distribute the obligation
limitation provided for Federal-aid highways, less the aggregate amounts not
distributed under paragraphs (1) and (2) and amounts distributed under
paragraph (4), for each of the programs that are allocated by the Secretary
under the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A
Legacy for Users and title 23, United States Code (other than to programs to
which paragraphs (1) and (4) apply), by multiplying the ratio determined under
paragraph (3) by the amounts authorized to be appropriated for each such
program for such fiscal year; and</text>
</paragraph><paragraph changed="added" id="HCB62A8B657304F9E8C07081373DFB10F" reported-display-style="italic"><enum>(6)</enum><text>distribute the obligation
limitation provided for Federal-aid highways, less the aggregate amounts not
distributed under paragraphs (1) and (2) and amounts distributed under
paragraphs (4) and (5), for Federal-aid highways and highway safety
construction programs (other than the amounts apportioned for the equity bonus
program, but only to the extent that the amounts apportioned for the equity
bonus program for the fiscal year are greater than
$2,639,000,000, and the Appalachian development
highway system program) that are apportioned by the Secretary under the Safe,
Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users
and title 23, United States Code, in the ratio that—</text>
<subparagraph id="H22264C1A4CEE461D9F7EDEFDFCF27481"><enum>(A)</enum><text>amounts authorized to be
appropriated for such programs that are apportioned to each State for such
fiscal year, bear to</text>
</subparagraph><subparagraph id="H1B111F83ECCF41469FCC970138F49885"><enum>(B)</enum><text>the total of the amounts
authorized to be appropriated for such programs that are apportioned to all
States for such fiscal year.</text>
</subparagraph></paragraph></subsection><subsection changed="added" id="H5FF99E4948D946B691D4622D8C67C349" reported-display-style="italic"><enum>(b)</enum><header>Exceptions From
Obligation Limitation</header><text>The obligation limitation for Federal-aid
highways shall not apply to obligations: (1) under section 125 of title 23,
United States Code; (2) under section 147 of the Surface Transportation
Assistance Act of 1978; (3) under section 9 of the Federal-Aid Highway Act of
1981; (4) under subsections (b) and (j) of section 131 of the Surface
Transportation Assistance Act of 1982; (5) under subsections (b) and (c) of
section 149 of the Surface Transportation and Uniform Relocation Assistance Act
of 1987; (6) under sections 1103 through 1108 of the Intermodal Surface
Transportation Efficiency Act of 1991; (7) under section 157 of title 23,
United States Code, as in effect on the day before the date of the enactment of
the Transportation Equity Act for the 21st Century; (8) under section 105 of
title 23, United States Code, as in effect for fiscal years 1998 through 2004,
but only in an amount equal to $639,000,000 for
each of those fiscal years; (9) for Federal-aid highway programs for which
obligation authority was made available under the Transportation Equity Act for
the 21st Century or subsequent public laws for multiple years or to remain
available until used, but only to the extent that the obligation authority has
not lapsed or been used; (10) under section 105 of title 23, United States
Code, but only in an amount equal to
$639,000,000 for each of fiscal years 2005
through 2010; and (11) under section 1603 of the Safe, Accountable, Flexible,
Efficient Transportation Equity Act: A Legacy for Users, to the extent that
funds obligated in accordance with that section were not subject to a
limitation on obligations at the time at which the funds were initially made
available for obligation.</text>
</subsection><subsection changed="added" id="H1759793BE6DD4614BA426575EF05863F" reported-display-style="italic"><enum>(c)</enum><header>Redistribution of
Unused Obligation Authority</header><text>Notwithstanding subsection (a), the
Secretary shall, after August 1 of such fiscal year, revise a distribution of
the obligation limitation made available under subsection (a) if the amount
distributed cannot be obligated during that fiscal year and redistribute
sufficient amounts to those States able to obligate amounts in addition to
those previously distributed during that fiscal year, giving priority to those
States having large unobligated balances of funds apportioned under sections
104 and 144 of title 23, United States Code.</text>
</subsection><subsection changed="added" id="H754FEF63FF96430C98718F51335877A4" reported-display-style="italic"><enum>(d)</enum><header>Applicability of
Obligation Limitations to Transportation Research Programs</header><text>The
obligation limitation shall apply to transportation research programs carried
out under chapter 5 of title 23, United States Code, and title V (research
title) of the Safe, Accountable, Flexible, Efficient Transportation Equity Act:
A Legacy for Users, except that obligation authority made available for such
programs under such limitation shall remain available for a period of 3 fiscal
years and shall be in addition to the amount of any limitation imposed on
obligations for Federal-aid highway and highway safety construction programs
for future fiscal years.</text>
</subsection><subsection changed="added" id="H7B7F63952AF24D0CAC15E93B88711BBF" reported-display-style="italic"><enum>(e)</enum><header>Redistribution of
Certain Authorized Funds</header>
<paragraph id="H740EB254650F4E8097AC959E2D4477E4"><enum>(1)</enum><header>In
general</header><text>Not later than 30 days after the date of the distribution
of obligation limitation under subsection (a), the Secretary shall distribute
to the States any funds that—</text>
<subparagraph id="H4E75700D51534E10AE0D6885CCCAFE99"><enum>(A)</enum><text>are authorized to be
appropriated for such fiscal year for Federal-aid highways programs; and</text>
</subparagraph><subparagraph id="HEB0E749226A64EBFA5942BC1A33220C7"><enum>(B)</enum><text>the Secretary determines
will not be allocated to the States, and will not be available for obligation,
in such fiscal year due to the imposition of any obligation limitation for such
fiscal year.</text>
</subparagraph></paragraph><paragraph id="HAA92EB0CFBC64A4BA950C0C3CFDFD090"><enum>(2)</enum><header>Ratio</header><text>Funds
shall be distributed under paragraph (1) in the same ratio as the distribution
of obligation authority under subsection (a)(6).</text>
</paragraph><paragraph id="HC074CC40D9FB4BFA9DCC24588CA666A4"><enum>(3)</enum><header>Availability</header><text>Funds
distributed under paragraph (1) shall be available for any purposes described
in section 133(b) of title 23, United States Code.</text>
</paragraph></subsection><subsection changed="added" id="H3A238E3B76E446DEB82B352A5FBF7FF5" reported-display-style="italic"><enum>(f)</enum><header>Special Limitation
Characteristics</header><text>Obligation limitation distributed for a fiscal
year under subsection (a)(4) for the provision specified in subsection (a)(4)
shall—</text>
<paragraph id="H84227B4D614644C78C128D2F9BE600E6"><enum>(1)</enum><text>remain available until
used for obligation of funds for that provision; and</text>
</paragraph><paragraph id="H3052A66ED0EF48A98ACF7FC6E333E190"><enum>(2)</enum><text>be in addition to the
amount of any limitation imposed on obligations for Federal-aid highway and
highway safety construction programs for future fiscal years.</text>
</paragraph></subsection><subsection changed="added" id="H1EC7EC74AC284256AFD1542FCE18226B" reported-display-style="italic"><enum>(g)</enum><header>High Priority Project
Flexibility</header>
<paragraph id="HC6185B374FEB4AFCBDAF96E38052B814"><enum>(1)</enum><header>In
general</header><text>Subject to paragraph (2), obligation authority
distributed for such fiscal year under subsection (a)(4) for each project
numbered 1 through 3676 listed in the table contained in section 1702 of the
Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for
Users may be obligated for any other project in such section in the same
State.</text>
</paragraph><paragraph id="H57A63BBBCF054A8F809C1C1071E7289A"><enum>(2)</enum><header>Restoration</header><text>Obligation
authority used as described in paragraph (1) shall be restored to the original
purpose on the date on which obligation authority is distributed under this
section for the next fiscal year following obligation under paragraph
(1).</text>
</paragraph></subsection><subsection changed="added" id="HC46FC54CF5CD4BA6B045DA548AA70A4E" reported-display-style="italic"><enum>(h)</enum><header>Limitation on Statutory
Construction</header><text>Nothing in this section shall be construed to limit
the distribution of obligation authority under subsection (a)(4)(A) for each of
the individual projects numbered greater than 3676 listed in the table
contained in section 1702 of the Safe, Accountable, Flexible, Efficient
Transportation Equity Act: A Legacy for Users.</text>
</subsection></section><section id="H5F91F24CF445433E9A953D33693A00D0"><enum>121.</enum><text>Notwithstanding 31
U.S.C. 3302, funds received by the Bureau of Transportation Statistics from the
sale of data products, for necessary expenses incurred pursuant to 49 U.S.C.
111 may be credited to the Federal-aid highways account for the purpose of
reimbursing the Bureau for such expenses: <italic>Provided</italic>, That such
funds shall be subject to the obligation limitation for Federal-aid highways
and highway safety construction.</text>
</section><section id="HA7FB0323DF364556949D76AE807096B6"><enum>122.</enum><text>There is hereby
appropriated to the Secretary of Transportation
$165,000,000 for surface transportation
priorities: <italic>Provided</italic>, That the amount provided by this section
shall be made available for the programs, projects and activities identified
under this section in the committee report accompanying this Act:
<italic>Provided further</italic>, That funds provided by this section, at the
request of a State, shall be transferred by the Secretary to another Federal
agency: <italic>Provided further</italic>, That the Federal share payable on
account of any program, project, or activity carried out with funds set aside
by this section shall be 100 percent: <italic>Provided further</italic>, That
the sums set aside by this section shall remain available until expended:
<italic>Provided further</italic>, That none of the funds set aside by this
section shall be subject to any limitation on obligations for Federal-aid
highways and highway safety construction programs set forth in this Act or any
other Act.</text>
</section><section id="IDab33d1313b7244408bb7cdcf950ddfc2"><enum>123.</enum><text>There is hereby
appropriated to the Secretary of Transportation
$1,400,000,000, to remain available through
September 30, 2012:
<proviso><italic>Provided</italic></proviso>, That of the funds
provided under this section, $500,000,000 shall
be made available to pay subsidy and administrative costs under chapter 6 of
title 23, United States Code:
<proviso><italic>Provided further</italic></proviso>, That after
making the set-aside required under the preceding proviso, the funds provided
under this section shall be apportioned to the States in the same ratio as the
obligation limitation for fiscal year 2010 is distributed among the States in
section 120(a)(6) of this Act, and made available for the restoration, repair,
construction, and other activities eligible under paragraph (b) of section 133
of title 23, United States Code:
<proviso><italic>Provided further</italic></proviso>, That funds
apportioned under this section shall be administered as if apportioned under
chapter 1 of title 23, United States Code:
<proviso><italic>Provided further</italic></proviso>, That the
Federal share payable on account of any project or activity carried out with
funds apportioned under this section shall be 80 percent:
<proviso><italic>Provided further</italic></proviso>, That funding
provided under this section shall be in addition to any and all funds provided
for fiscal year 2010 in this or any other Act for <quote>Federal-aid
Highways</quote> and shall not affect the distribution of funds provided for
<quote>Federal-aid Highways</quote> in any other Act:
<proviso><italic>Provided further</italic></proviso>, That the
amounts made available under this section shall not be subject to any
limitation on obligations for Federal-aid highways or highway safety
construction programs set forth in any Act:
<proviso><italic>Provided further</italic></proviso>, That section
1101(b) of Public Law 109–59 shall apply to funds apportioned under this
heading.</text>
</section><section id="HD18BF1E1F50848DB95605FCEFB6D0E83"><enum>124.</enum><text>Not less than 15 days
prior to waiving, under his or her statutory authority, any Buy America
requirement for Federal-aid highway projects, the Secretary of Transportation
shall make an informal public notice and comment opportunity on the intent to
issue such waiver and the reasons therefor: <italic>Provided</italic>, That the
Secretary shall provide an annual report to the Appropriations Committees of
the Congress on any waivers granted under the Buy America requirements.</text>
</section><section id="H1084216883F7464AB2F663716A0124FC"><enum>125.</enum><subsection commented="no" display-inline="yes-display-inline" id="H7195674D349E4116B8211D0D793637CC"><enum>(a)</enum><header>In
General</header><text>Except as provided in subsection (b), none of the funds
made available, limited, or otherwise affected by this Act shall be used to
approve or otherwise authorize the imposition of any toll on any segment of
highway located on the Federal-aid system in the State of Texas that—</text>
<paragraph changed="added" id="HEDCB88C8934B4EB1B580A15D3C74A6D6" reported-display-style="italic"><enum>(1)</enum><text>as of the date of
enactment of this Act, is not tolled;</text>
</paragraph><paragraph changed="added" id="H5E918D71CEC24DDDA1B8929941DB0998" reported-display-style="italic"><enum>(2)</enum><text>is constructed with
Federal assistance provided under title 23, United States Code; and</text>
</paragraph><paragraph changed="added" id="H69911ABDA73A4DFE83A367BF8720F938" reported-display-style="italic"><enum>(3)</enum><text>is in actual operation as
of the date of enactment of this Act.</text>
</paragraph></subsection><subsection changed="added" id="H16B0813941D84580AA2EC5CF5B905F5E" reported-display-style="italic"><enum>(b)</enum><header>Exceptions</header>
<paragraph id="H59DE6269BAA44E04B2D3482F0C6EE75A"><enum>(1)</enum><header>Number of toll
lanes</header><text>Subsection (a) shall not apply to any segment of highway on
the Federal-aid system described in that subsection that, as of the date on
which a toll is imposed on the segment, will have the same number of non-toll
lanes as were in existence prior to that date.</text>
</paragraph><paragraph id="H2432137D7A1B4CA894193FCF15742AF2"><enum>(2)</enum><header>High-occupancy vehicle
lanes</header><text>A high-occupancy vehicle lane that is converted to a toll
lane shall not be subject to this section, and shall not be considered to be a
non-toll lane for purposes of determining whether a highway will have fewer
non-toll lanes than prior to the date of imposition of the toll, if—</text>
<subparagraph id="HAF62DE7D0DE7477695905524E87F9D4E"><enum>(A)</enum><text>high-occupancy vehicles
occupied by the number of passengers specified by the entity operating the toll
lane may use the toll lane without paying a toll, unless otherwise specified by
the appropriate county, town, municipal or other local government entity, or
public toll road or transit authority; or</text>
</subparagraph><subparagraph id="H6FE519ADE38D42B5A5EBB2001D6083E8"><enum>(B)</enum><text>each high-occupancy
vehicle lane that was converted to a toll lane was constructed as a temporary
lane to be replaced by a toll lane under a plan approved by the appropriate
county, town, municipal or other local government entity, or public toll road
or transit authority.</text>
</subparagraph></paragraph></subsection></section><section id="ID56774cb663b449f9a7ab97932f2233e8"><enum>126.</enum><text>Item 4866A in the table
contained in section 1702 of the Safe, Accountable, Flexible, Efficient
Transportation Equity Act: A Legacy for Users (Public Law 109–59) is amended by
striking <quote>Repair and restore</quote> and inserting <quote>Removal of and
enhancements around</quote>.</text>
</section><section id="ID65a9f0fcf87748809ca3faf5d6ed590d"><enum>127.</enum><text>Item 3923 in the table
contained in section 1702 of the Safe, Accountable, Flexible, Efficient
Transportation Equity Act: A Legacy for Users (Public Law 109–59) is amended by
striking <quote>to 4 lanes from I–10 to West U.S. 90</quote>.</text>
</section><section id="IDa791c48d04df4743b507f7abbeff2249"><enum>128.</enum><text>Funds made available for
<quote>Brentwood Boulevard/SR 4 Improvements, Brentwood, CA</quote> under
section 129 of Public Law 110–161 shall be made available for <quote>John Muir
Parkway Project, Brentwood, CA</quote>.</text>
</section><section id="IDcea67427ecdf4132a00d276b01e20b38"><enum>129.</enum><text>The table contained in
section 1702 of the Safe, Accountable, Flexible, Efficient Transportation
Equity Act: A Legacy for Users (119 Stat. 1256) is amended in item number 3138
by striking the project description and inserting <quote>Elimination of
highway-railway crossings and rehabilitation of rail along the KO railroad to
Osborne</quote>.</text>
</section><section id="IDdc0bb116fb8046bb8c49995bd5913e41"><enum>130.</enum><text>Funds made available for
<quote>City of Tuscaloosa Downtown Revitalization Project—University Blvd and
Greensboro Avenue, AL</quote> under section 125 of Public Law 111–8 shall be
made available for <quote>City of Tuscaloosa Downtown Revitalization
Project—University Blvd</quote>.</text>
</section><section id="id7275866A913949CE809D6BDEE94ADA23"><enum>131.</enum><text display-inline="yes-display-inline">The table contained in section 1702 of the
Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for
Users (119 Stat. 1256) is amended by striking the project description for item
number 4573 and inserting the following: “Design and construct interchange on
I–15 in Mesquite”.</text>
<appropriations-intermediate id="H4D671C4DF785425C8350887345430DB8"><header>Federal motor carrier safety
administration</header>
</appropriations-intermediate><appropriations-small id="H5B6B4777B68C4C8FBD474852BB52BF43"><header>Motor carrier safety operations and
programs</header>
</appropriations-small><appropriations-small id="HD866F77059534FAE885FAED7181CB540"><header>(liquidation of contract
authorization)</header>
</appropriations-small><appropriations-small id="H03E09937EBEB48F4A4D86EAFD316BC13"><header>(limitation on
obligations)</header>
</appropriations-small><appropriations-small id="HE590DA73E30447718FE7A9C03FFE3250"><header>(highway trust
fund)</header>
</appropriations-small><appropriations-small id="H02D5AC8BA8A34FD8A2C62D1ED6E77C73"><text display-inline="no-display-inline">For
payment of obligations incurred in the implementation, execution and
administration of motor carrier safety operations and programs pursuant to
section 31104(I) of title 49, United States Code, and sections 4127 and 4134 of
Public Law 109–59, $238,500,000, to be derived
from the Highway Trust Fund (other than the Mass Transit Account), together
with advances and reimbursements received by the Federal Motor Carrier Safety
Administration, the sum of which shall remain available until expended:
<italic>Provided</italic>, That none of the funds derived from the Highway
Trust Fund in this Act shall be available for the implementation, execution or
administration of programs, the obligations for which are in excess of
<added-phrase committee-id="SSAP00"></added-phrase>$238,500,000,
for <quote>Motor Carrier Safety Operations and Programs</quote> of which
$8,543,000, to remain available for obligation
until September 30, 2012, is for the research and technology program and
$1,000,000 shall be available for commercial
motor vehicle operator's grants to carry out section 4134 of Public Law 109–59:
<proviso><italic>Provided further</italic></proviso>, That an
additional $1,328,000 shall be appropriated from
the General Fund for the execution and administration of motor carrier safety
operations and programs: <italic>Provided further</italic>, That
notwithstanding any other provision of law, none of the funds under this
heading for outreach and education shall be available for transfer:
<italic>Provided further</italic>, That the Federal Motor Carrier Safety
Administration shall transmit to Congress bi-annual reports on the agency's
ability to meet its requirement to conduct compliance reviews on high-risk
carriers.</text>
</appropriations-small><appropriations-small id="H26265F78F9F740098EEEF757C366E2EE"><header>Motor carrier safety
grants</header>
</appropriations-small><appropriations-small id="HDDCD71A81839431BB26EDE6053AB00BD"><header>(liquidation of contract
authorization)</header>
</appropriations-small><appropriations-small id="H75DF5E7480AD4BE08C103595BD796BA2"><header>(limitation on
obligations)</header>
</appropriations-small><appropriations-small id="H21D33E3863F6498690E581DF463949AB"><header>(highway trust
fund)</header>
</appropriations-small><appropriations-small id="HE371F8F023B445C8A910A55E77EE20A2"><header>(including rescission)</header><text display-inline="no-display-inline">For payment of obligations incurred in
carrying out sections 31102, 31104(a), 31106, 31107, 31109, 31309, 31313 of
title 49, United States Code, and sections 4126 and 4128 of Public Law 109–59,
$310,070,000, to be derived from the Highway
Trust Fund (other than the Mass Transit Account) and to remain available until
expended: <italic>Provided</italic>, That none of the funds in this Act shall
be available for the implementation or execution of programs, the obligations
for which are in excess of $310,070,000, for
<quote>Motor Carrier Safety Grants</quote>; of which
$212,070,000 shall be available for the motor
carrier safety assistance program to carry out sections 31102 and 31104(a) of
title 49, United States Code; $25,000,000 shall
be available for the commercial driver's license improvements program to carry
out section 31313 of title 49, United States Code;
$32,000,000 shall be available for the border
enforcement grants program to carry out section 31107 of title 49, United
States Code; $5,000,000 shall be available for
the performance and registration information system management program to carry
out sections 31106(b) and 31109 of title 49, United States Code;
$25,000,000 shall be available for the
commercial vehicle information systems and networks deployment program to carry
out section 4126 of Public Law 109–59;
$3,000,000 shall be available for the safety
data improvement program to carry out section 4128 of Public Law 109–59; and
$8,000,000 shall be available for the commercial
driver's license information system modernization program to carry out section
31309(e) of title 49, United States Code: <italic>Provided further</italic>,
That of the funds made available for the motor carrier safety assistance
program, $29,000,000 shall be available for
audits of new entrant motor carriers: <italic>Provided further</italic>, That
$1,530,000 in unobligated balances are
permanently rescinded.</text>
</appropriations-small><appropriations-small id="H5AC6C923D60E4B85A05BB28332F65BA3"><header>Motor carrier
safety</header>
</appropriations-small><appropriations-small id="HAE3B0714B12143D18AEB01AB11A563F4"><header>(highway trust
fund)</header>
</appropriations-small><appropriations-small id="HF50BE48EF0724A54B50CC10C8C357ED5"><header>(rescission)</header><text display-inline="no-display-inline">Of the amounts made available under this
heading in prior appropriations Acts, $3,400,000
in unobligated balances are permanently
rescinded.</text>
</appropriations-small><appropriations-small id="H38A922DE3DA1454FA9C624CB99ABE5A2"><header>National motor carrier safety
program</header>
</appropriations-small><appropriations-small id="H60E76D74CC154B8D9C30239A7A55AEB1"><header>(highway trust
fund)</header>
</appropriations-small><appropriations-small id="H29D66C70988143B48D96D17222C97CD8"><header>(rescission)</header><text display-inline="no-display-inline">Of the amounts made available under this
heading in prior appropriations Acts, $400,000
in unobligated balances are permanently
rescinded.</text>
</appropriations-small><appropriations-small id="H64313F0A08B949A09CBDFC95B25DBB9E"><header>Administrative provision—federal motor
carrier safety administration</header>
</appropriations-small></section><section id="HBAE3C398A61C409294095F6BD68E40E8"><enum>135.</enum><text>Funds appropriated or
limited in this Act shall be subject to the terms and conditions stipulated in
section 350 of Public Law 107–87 and section 6901 of Public Law 110–28,
including that the Secretary submit a report to the House and Senate
Appropriations Committees annually on the safety and security of transportation
into the United States by Mexico-domiciled motor carriers.</text>
<appropriations-intermediate id="H679C14B5B70A4DF99945B038263A50CC"><header>National highway traffic safety
administration</header>
</appropriations-intermediate><appropriations-small id="HDF6F8EFEF8D24947AA26B8DA816557EA"><header>Operations and research</header><text display-inline="no-display-inline">For expenses necessary to discharge the
functions of the Secretary, with respect to traffic and highway safety under
subtitle C of title X of Public Law 109–59 and chapter 301 and part C of
subtitle VI of title 49, United States Code,
$135,803,000, of which
$31,670,000 shall remain available through
September 30, 2011: <italic>Provided</italic>, That none of the funds
appropriated by this Act may be obligated or expended to plan, finalize, or
implement any rulemaking to add to section 575.104 of title 49 of the Code of
Federal Regulations any requirement pertaining to a grading standard that is
different from the three grading standards (treadwear, traction, and
temperature resistance) already in effect.</text>
</appropriations-small><appropriations-small id="H7439503027EB4F14BE378362F947CED9"><header>Operations and
research</header>
</appropriations-small><appropriations-small id="HF817138415104515B64C1F481838605F"><header>(liquidation of contract
authorization)</header>
</appropriations-small><appropriations-small id="H83963A922280440EA1409256BCC769F8"><header>(limitation on
obligations)</header>
</appropriations-small><appropriations-small id="HA1A320A7F6E7416EAD7E248EB2C0F314"><header>(highway trust fund)</header><text display-inline="no-display-inline">For payment of obligations incurred in
carrying out the provisions of 23 U.S.C. 403,
$105,500,000 to be derived from the Highway
Trust Fund (other than the Mass Transit Account) and to remain available until
expended: <italic>Provided</italic>, That none of the funds in this Act shall
be available for the planning or execution of programs the total obligations
for which, in fiscal year 2010, are in excess of
$105,500,000 for programs authorized under 23
U.S.C. 403: <italic>Provided further</italic>, That within the
$105,500,000 obligation limitation for
operations and research, $26,908,000 shall
remain available until September 30, 2010 and shall be in addition to the
amount of any limitation imposed on obligations for future
years.</text>
</appropriations-small><appropriations-small id="H55B2C6AD1E5D478BB96F2955930FD635"><header>National driver
register</header>
</appropriations-small><appropriations-small id="HB6071604FBA742F8A9D4B0C2BC195851"><header>(liquidation of contract
authorization)</header>
</appropriations-small><appropriations-small id="HCA24167E8F354A099CF656DC7D75B660"><header>(limitation on
obligations)</header>
</appropriations-small><appropriations-small id="H247A6E981C8D4E35B4DE632B843B566D"><header>(highway trust fund)</header><text display-inline="no-display-inline">For payment of obligations incurred in
carrying out chapter 303 of title 49, United States Code,
$4,000,000, to be derived from the Highway Trust
Fund (other than the Mass Transit Account) and to remain available until
expended: <italic>Provided</italic>, That none of the funds in this Act shall
be available for the implementation or execution of programs the total
obligations for which, in fiscal year 2010, are in excess of
$4,000,000 for the National Driver Register
authorized under such chapter.</text>
</appropriations-small><appropriations-small id="id05F730AE1E38489289E6E57869369FF8"><header>NATIONAL DRIVER REGISTER
modernization</header><text display-inline="no-display-inline">For an
additional amount for the ‘‘National Driver Register’’ as authorized by chapter
303 of title 49, United States Code, $3,350,000,
to remain available through September 30, 2011:
<proviso><italic>Provided</italic></proviso>, That the funding made
available under this heading shall be used to carry out the modernization of
the National Driver Register.</text>
</appropriations-small><appropriations-small id="HFBEF55F4E4D24AA0B695C90B7764542C"><header>Highway traffic safety
grants</header>
</appropriations-small><appropriations-small id="H9D3C2839AF234434A840B44CF77F0BCF"><header>(liquidation of contract
authorization)</header>
</appropriations-small><appropriations-small id="H9289F8805CF74023899201817142E648"><header>(limitation on
obligations)</header>
</appropriations-small><appropriations-small id="H288D37435C994A68A27E5D9AE0C4470E"><header>(highway trust fund)</header><text display-inline="no-display-inline">For payment of obligations incurred in
carrying out the provisions of 23 U.S.C. 402, 405, 406, 408, and 410 and
sections 2001(a)(11), 2009, 2010, and 2011 of Public Law 109–59, to remain
available until expended, $619,500,000 to be
derived from the Highway Trust Fund (other than the Mass Transit Account):
<italic>Provided</italic>, That none of the funds in this Act shall be
available for the planning or execution of programs the total obligations for
which, in fiscal year 2010, are in excess of
$619,500,000 for programs authorized under 23
U.S.C. 402, 405, 406, 408, and 410 and sections 2001(a)(11), 2009, 2010, and
2011 of Public Law 109–59, of which $235,000,000
shall be for <quote>Highway Safety Programs</quote> under 23 U.S.C. 402;
$25,000,000 shall be for <quote>Occupant
Protection Incentive Grants</quote> under 23 U.S.C. 405;
$124,500,000 shall be for <quote>Safety Belt
Performance Grants</quote> under 23 U.S.C. 406, and such obligation limitation
shall remain available until September 30, 2011 in accordance with subsection
(f) of such section 406 and shall be in addition to the amount of any
limitation imposed on obligations for such grants for future fiscal years;
$34,500,000 shall be for <quote>State Traffic
Safety Information System Improvements</quote> under 23 U.S.C. 408;
$139,000,000 shall be for
<quote>Alcohol-Impaired Driving Countermeasures Incentive Grant Program</quote>
under 23 U.S.C. 410; $18,500,000 shall be for
<quote>Administrative Expenses</quote> under section 2001(a)(11) of Public Law
109–59; $29,000,000 shall be for <quote>High
Visibility Enforcement Program</quote> under section 2009 of Public Law 109–59;
$7,000,000 shall be for <quote>Motorcyclist
Safety</quote> under section 2010 of Public Law 109–59; and
$7,000,000 shall be for <quote>Child Safety and
Child Booster Seat Safety Incentive Grants</quote> under section 2011 of Public
Law 109–59: <italic>Provided further</italic>, That none of these funds shall
be used for construction, rehabilitation, or remodeling costs, or for office
furnishings and fixtures for State, local or private buildings or structures:
<italic>Provided further</italic>, That not to exceed
$500,000 of the funds made available for section
410 <quote>Alcohol-Impaired Driving Countermeasures Grants</quote> shall be
available for technical assistance to the States: <italic>Provided
further</italic>, That not to exceed $750,000 of
the funds made available for the <quote>High Visibility Enforcement
Program</quote> shall be available for the evaluation required under section
2009(f) of Public Law 109–59.</text>
</appropriations-small><appropriations-small id="H69C00146E80045AABC57D42BFE2791C5"><header>Administrative provisions—national
highway traffic safety administration</header>
</appropriations-small></section><section id="H1630EAFB535C4592BC6FDA9CC0317F6F"><enum>140.</enum><text>Notwithstanding any
other provision of law or limitation on the use of funds made available under
section 403 of title 23, United States Code, an additional
$130,000 shall be made available to the National
Highway Traffic Safety Administration, out of the amount limited for section
402 of title 23, United States Code, to pay for travel and related expenses for
State management reviews and to pay for core competency development training
and related expenses for highway safety staff.</text>
</section><section id="IDff74984b150144ba824c7d6abf1c622d"><enum>141.</enum><text>The limitations on
obligations for the programs of the National Highway Traffic Safety
Administration set in this Act shall not apply to obligations for which
obligation authority was made available in previous public laws for multiple
years but only to the extent that the obligation authority has not lapsed or
been used.</text>
</section><section id="IDb72d1004d815411e87801b6c643ce87f"><enum>142.</enum><text>Of the amounts made
available under the heading <quote>Operations and Research (Liquidation of
Contract Authorization) (Limitation on Obligations) (Highway Trust
Fund)</quote> in prior appropriations Acts,
$2,299,000 in unobligated balances are
rescinded.</text>
</section><section id="ID7680a929d3b649838d1d3fac59d97692"><enum>143.</enum><text>Of the amounts made
available under the heading <quote>Highway Traffic Safety Grants (Liquidation
of Contract Authorization) (Limitation on Obligations) (Highway Trust
Fund)</quote> in prior appropriations Acts,
$14,004,000 in unobligated balances are
rescinded.</text>
<appropriations-intermediate id="H1EAC9E90ECD44A6A94D86F6410EFF217"><header>Federal railroad
administration</header>
</appropriations-intermediate><appropriations-small id="H8C5CEBFF73944EF4BCC206A618B46CBD"><header>Safety and operations</header><text display-inline="no-display-inline">For necessary expenses of the Federal
Railroad Administration, not otherwise provided for,
$171,770,000, of which
$12,300,000 shall remain available until
expended.</text>
</appropriations-small><appropriations-small id="H1282C12E42454256A9566DE15AB01A26"><header>Railroad research and
development</header><text display-inline="no-display-inline">For necessary
expenses for railroad research and development,
$34,145,000, to remain available until
expended.</text>
</appropriations-small><appropriations-small id="H05C155D7E070455A93E572DC945303BC"><header>Railroad rehabilitation and improvement
financing program</header><text display-inline="no-display-inline">The
Secretary of Transportation is authorized to issue to the Secretary of the
Treasury notes or other obligations pursuant to section 512 of the Railroad
Revitalization and Regulatory Reform Act of 1976 (Public Law 94–210), as
amended, in such amounts and at such times as may be necessary to pay any
amounts required pursuant to the guarantee of the principal amount of
obligations under sections 511 through 513 of such Act, such authority to exist
as long as any such guaranteed obligation is outstanding:
<italic>Provided</italic>, That pursuant to section 502 of such Act, as
amended, no new direct loans or loan guarantee commitments shall be made using
Federal funds for the credit risk premium during fiscal year
2010.</text>
</appropriations-small><appropriations-small id="H98D3FF86B8F7455FBD45C02DF2E77620"><header>Rail line relocation and improvement
program</header><text display-inline="no-display-inline">For necessary expenses
of carrying out section 20154 of title 49, United States Code,
$25,000,000, to remain available until
expended.</text>
</appropriations-small><appropriations-small id="idDDF0D58F7EF24592954D65426E5F485D"><header>RAILROAD SAFETY TECHNOLOGY
PROGRAM</header>
<subsection id="IDd649b2e4ab1e4b84b9af37c433319f68"><enum></enum><text>For necessary expenses of carrying out
section 20158 of title 49, United States Code,
$50,000,000, to remain available until expended:
<proviso><italic>Provided</italic></proviso>, That to be eligible for
assistance under this heading, an entity need not have developed plans required
under subsection 20156(e)(2) of title 49, United States Code, and section 20157
of such title.</text>
</subsection></appropriations-small><appropriations-small id="H50CC182CE19142C3940A4D8E5C910B71"><header>Operating grants to the national
railroad passenger corporation</header><text display-inline="no-display-inline">To enable the Secretary of Transportation to
make quarterly grants to the National Railroad Passenger Corporation for the
operation of intercity passenger rail, as authorized by section 101 of the
Passenger Rail Investment and Improvement Act of 2008 (division B of Public Law
110–432), $553,348,000, to remain available
until expended: <italic>Provided</italic>, That the Secretary shall not make
the grants for the third and fourth quarter of the fiscal year available to the
Corporation until an Inspector General who is a member of the Council of the
Inspectors General on Integrity and Efficiency determines that the Corporation
and the Corporation’s Inspector General have agreed upon a set of policies and
procedures for interacting with each other that are consistent with the letter
and the spirit of the Inspector General Act of 1978, as amended:
<italic>Provided further</italic>, That 1 year after such determination is
made, the Council of the Inspectors General on Integrity and Efficiency shall
appoint another member to evaluate the current operational independence of the
Amtrak Inspector General:
<proviso><italic>Provided further</italic></proviso>, That the
Corporation shall reimburse each Inspector General for all costs incurred in
conducting the determination and the evaluation required by the preceding two
provisos:
<proviso><italic>Provided further</italic></proviso>, That the amounts
available under this paragraph shall be available for the Secretary to approve
funding to cover operating losses for the Corporation only after receiving and
reviewing a grant request for each specific train route: <italic>Provided
further</italic>, That each such grant request shall be accompanied by a
detailed financial analysis, revenue projection, and capital expenditure
projection justifying the Federal support to the Secretary's satisfaction:
<italic>Provided further</italic>, That not later than 60 days after enactment
of this Act, the Corporation shall transmit to the Secretary, the Inspector
General of the Department of Transportation, and the House and Senate
Committees on Appropriations a plan to achieve savings through operating
efficiencies including, but not limited to, modifications to food and beverage
service and first class service:
<proviso><italic>Provided further</italic></proviso>, That the
Inspector General of the Department of Transportation shall provide semiannual
reports to the House and Senate Committees on Appropriations on the estimated
savings accrued as a result of all operational reforms instituted by the
Corporation: <italic>Provided further</italic>, That not later than 60 days
after enactment of this Act, the Corporation shall transmit, in electronic
format, to the Secretary, the Inspector General of Department of
Transportation, the House and Senate Committees on Appropriations, the House
Committee on Transportation and Infrastructure and the Senate Committee on
Commerce, Science, and Transportation the annual budget and business plan and
the 5-year financial plan for fiscal year 2010 required under section 204 of
the Passenger Rail Investment and Improvement Act of 2008: <italic>Provided
further</italic>, That the plan shall also include a separate accounting of
ridership, revenues, and capital and operating expenses for the Northeast
Corridor; commuter service; long-distance Amtrak service; State-supported
service; each intercity train route, including Autotrain; and commercial
activities including contract operations: <italic>Provided further</italic>,
That the business plan shall include a description of the capital investments
to be funded, along with cost estimates and an estimated timetable for
completion of the projects covered by this business plan: <italic>Provided
further</italic>, That the Corporation shall provide semiannual reports in
electronic format regarding the pending business plan, which shall describe the
work completed to date, any changes to the business plan, and the reasons for
such changes, and shall identify all sole source contract awards which shall be
accompanied by a justification as to why said contract was awarded on a sole
source basis: <italic>Provided further</italic>, That the Corporation's
business plan and all subsequent supplemental plans shall be displayed on the
Corporation's website within a reasonable timeframe following their submission
to the appropriate entities: <italic>Provided further</italic>, That none of
the funds under this heading may be obligated or expended until the Corporation
agrees to continue abiding by the provisions of paragraphs 1, 2, 5, 9, and 11
of the summary of conditions for the direct loan agreement of June 28, 2002, in
the same manner as in effect on the date of enactment of this Act:
<proviso><italic>Provided further</italic></proviso>, That concurrent
with the President’s budget request for fiscal year 2011, the Corporation shall
submit to the House and Senate Committees on Appropriations a budget request
for fiscal year 2011 in similar format and substance to those submitted by
executive agencies of the Federal Government.</text>
</appropriations-small><appropriations-small id="HE0B6D9CEBB7C441F8F34F0CD87497A07"><header>Capital and debt service grants to the
national railroad passenger corporation</header><text display-inline="no-display-inline">To enable the Secretary of Transportation to
make grants to the National Railroad Passenger Corporation for capital
investments as authorized by section 101(c) of the Passenger Rail Investment
and Improvement Act of 2008 (division B of Public Law 110–432),
$1,001,625,000, to remain available until
expended, of which not to exceed $264,000,000
shall be for debt service obligations as authorized by section 102 of such Act:
<italic>Provided</italic>, That of the funding provided under this heading, not
less than $144,000,000 shall be for bringing the
stations on the Corporation’s rail system into compliance with the Americans
with Disabilities Act:
<proviso><italic>Provided further</italic></proviso>, That grants shall
be provided to the Corporation only on a reimbursable basis:
<proviso><italic>Provided further</italic></proviso>, That the
Secretary may retain up to one-half of 1 percent of the funds provided under
this heading to fund the costs of project management oversight of capital
projects funded by grants provided under this heading, as authorized by
subsection 101(d) of division B of Public Law 110–432: <italic>Provided
further</italic>, That the Secretary shall approve funding for capital
expenditures, including advance purchase orders of materials, for the
Corporation only after receiving and reviewing a request for each specific
capital project justifying the Federal support to the Secretary's satisfaction:
<italic>Provided further</italic>, That none of the funds under this heading
may be used to subsidize operating losses of the Corporation: <italic>Provided
further</italic>, That none of the funds under this heading may be used for
capital projects not approved by the Secretary of Transportation or on the
Corporation's fiscal year 2010 business plan: <italic>Provided
further</italic>, That, the business plan shall be accompanied by a
comprehensive fleet plan for all Amtrak rolling stock which shall address the
Corporation's detailed plans and timeframes for the maintenance, refurbishment,
replacement and expansion of the Amtrak fleet: <italic>Provided
further</italic>, That said fleet plan shall establish year-specific goals and
milestones and discuss potential, current, and preferred financing options for
all such activities.</text>
</appropriations-small><appropriations-small id="HEAE7537C70AA4B7482A293CFC8073F9F"><header>Capital assistance for high speed rail
corridors and intercity passenger rail service</header><text display-inline="no-display-inline">To enable the Secretary of Transportation to
make grants for high-speed rail projects as authorized under section 26106 of
title 49, United States Code, capital investment grants to support intercity
passenger rail service as authorized under section 24406 of title 49, United
States Code, and congestion grants as authorized under section 24105 of title
49, United States Code, and to enter into cooperative agreements for these
purposes as authorized, $1,200,000,000, to
remain available until expended:
<proviso><italic>Provided</italic></proviso>, That none of the funds
provided under this heading may be used for planning activities:
<proviso><italic>Provided further</italic></proviso>, That not less
than 75 percent of the funds provided under this heading shall be for
cooperative agreements that lead to the development of entire segments or
phases of intercity or high-speed rail corridors:
<proviso><italic>Provided further</italic></proviso>, That the
Secretary shall issue interim guidance to applicants covering application
procedures and administer the grants provided under this heading pursuant to
that guidance until final regulations are issued:
<proviso><italic>Provided further</italic></proviso>, That the
Secretary shall not award grants under this heading sooner than 2 weeks after
he has submitted to the Congress a national rail plan as required by section
103(j) of title 49, United States Code: <italic>Provided further</italic>, That
the Federal share payable of the costs for which a grant or cooperative
agreements is made under this heading shall not exceed 80 percent:
<italic>Provided further</italic>, That in addition to the provisions of title
49, United States Code, that apply to each of the individual programs funded
under this heading, subsections 24402(a)(2), 24402(f), 24402(i<added-phrase reported-display-style="italic"><italic></italic></added-phrase>), and 24403(a)
and (c) of title 49, United States Code, shall also apply to the provision of
funds provided under this heading: <italic>Provided further</italic>, That a
project need not be in a State rail plan developed under Chapter 227 of title
49, United States Code, to be eligible for assistance under this heading:
<proviso><italic>Provided further</italic></proviso>, That the
Secretary shall give priority to applications under section 24406 of title 49,
United States Code, to projects that improve the safety and reliability of
intercity passenger trains, involve a commitment by freight railroads to an
enforceable on-time performance of passenger trains of 80 percent or greater,
involve a commitment by freight railroads of financial resources commensurate
with the benefit expected to their operations, improve or extend service on a
route that requires little or no Federal assistance for its operations, or
involve a commitment by States or railroads of financial resources to improve
the safety of highway/rail grade crossings over which the passenger service
operates:
<proviso><italic>Provided further</italic></proviso>, That the
Administrator of the Federal Railroad Administration may retain up to
$50,000,000 of the funds provided under this
heading for the purposes of conducting research, development and demonstration
of technologies and undertaking analyses supporting development of high-speed
rail in the United States, including implementation of the Rail Cooperative
Research Program authorized by section 24910 of title 49, United States Code:
<italic>Provided further</italic>, That in lieu of the provisions of the
subsection 24403(b) of title 49, United States Code, the Administrator of the
Federal Railroad Administration may retain up to
$30,000,000 of the funds provided under this
heading to fund the award and oversight by the Administrator of grants and
cooperative agreements for intercity and high speed
rail.</text>
</appropriations-small><appropriations-small id="H9593EFCDA8CE4FF99DC89DB75462748E"><header>Administrative provisions—federal
railroad administration</header>
</appropriations-small></section><section id="HD8CCF7352B724D208CB749C2626EDA33"><enum>151.</enum><text>The Secretary may
purchase promotional items of nominal value for use in public outreach
activities to accomplish the purposes of 49 U.S.C. 20134:
<italic>Provided</italic>, That the Secretary shall prescribe guidelines for
the administration of such purchases and use.</text>
</section><section id="H13133C1136DE4310ADD336AC74E8AE0C"><enum>152.</enum><text>Hereafter,
notwithstanding any other provision of law, funds provided in this Act for the
National Railroad Passenger Corporation shall immediately cease to be available
to said Corporation in the event that the Corporation contracts to have
services provided at or from any location outside the United States. For
purposes of this section, the word <quote>services</quote> shall mean any
service that was, as of July 1, 2006, performed by a full-time or part-time
Amtrak employee whose base of employment is located within the United
States.</text>
</section><section id="H2F7ADD3977DD424098B68A662118D460"><enum>153.</enum><text>The Secretary of
Transportation may receive and expend cash, or receive and utilize spare parts
and similar items, from non-United States Government sources to repair damages
to or replace United States Government owned automated track inspection cars
and equipment as a result of third party liability for such damages, and any
amounts collected under this section shall be credited directly to the Safety
and Operations account of the Federal Railroad Administration, and shall remain
available until expended for the repair, operation and maintenance of automated
track inspection cars and equipment in connection with the automated track
inspection program.</text>
</section><section id="H5BBEB46946DE4DEFBE77D2E06968E94C"><enum>154.</enum><text>The Federal Railroad
Administrator shall submit a quarterly report on April 1, 2009, and quarterly
reports thereafter, to the House and Senate Committees on Appropriations
detailing the Administrator's efforts at improving the on-time performance of
Amtrak intercity rail service operating on non-Amtrak owned property. Such
reports shall compare the most recent actual on-time performance data to
pre-established on-time performance goals that the Administrator shall set for
each rail service, identified by route. Such reports shall also include
whatever other information and data regarding the on-time performance of Amtrak
trains the Administrator deems to be appropriate. The amounts made available in
this title under the heading <quote>Office of the Secretary, Salaries and
Expenses</quote> shall be reduced $100,000 for
each day after the first day of each quarter that the quarterly reports
required by this section are not submitted to the Congress.</text>
</section><section id="idC4D03E30F2324D4586F01F6861B6ADB8"><enum>155.</enum><text display-inline="yes-display-inline">Notwithstanding any other provision of law,
funds provided in Public Law 111–8 for <quote>Lincoln Avenue Grade Separation,
Port of Tacoma, Washington</quote> shall be made available for this project as
therein described.</text>
<appropriations-intermediate id="HFB2A54DCE15F4C90BDE76B45B27909C9"><header>Federal transit
administration</header>
</appropriations-intermediate><appropriations-small id="H854F46018C3D4DFC9C425B4AD2A7B5EE"><header>Administrative
expenses</header>
</appropriations-small><appropriations-small id="H1D83B9D845DE4ABD9B313C7E322F45C3"><header>(including transfer of
funds)</header><text display-inline="no-display-inline">For necessary
administrative expenses of the Federal Transit Administration's programs
authorized by chapter 53 of title 49, United States Code,
$97,478,000: <italic>Provided</italic>, That of
the funds available under this heading, not to exceed
$1,809,000 shall be available for travel:
<italic>Provided further</italic>, That none of the funds provided or limited
in this Act may be used to create a permanent office of transit security under
this heading: <italic>Provided further</italic>, That
$75,000 shall be paid from appropriations made
available by this Act and provided to the Department of Transportation’s Office
of Inspector General through reimbursement to conduct the annual audits of
financial statements in accordance with section 3521 of title 31, United States
Code: <italic>Provided further</italic>, That upon submission to the Congress
of the fiscal year 2010 President's budget, the Secretary of Transportation
shall transmit to Congress the annual report on new starts, including proposed
allocations of funds for fiscal year 2011.</text>
</appropriations-small><appropriations-small id="H8471B918E26B4852A1DB3DCB1C73F798"><header>Formula and bus
grants</header>
</appropriations-small><appropriations-small id="HCF6965A63B0C4C3293E33C78B2056D55"><header>(liquidation of contract
authority)</header>
</appropriations-small><appropriations-small id="H4BED8B38A2244B22AAFB79FEA2B60D49"><header>(limitation on
obligations)</header>
</appropriations-small><appropriations-small id="H6957B461516A45B1BB6DFBDD0E3C031B"><header>(highway trust fund)</header><text display-inline="no-display-inline">For payment of obligations incurred in
carrying out the provisions of 49 U.S.C. 5305, 5307, 5308, 5309, 5310, 5311,
5316, 5317, 5320, 5335, 5339, and 5340 and section 3038 of Public Law 105–178,
as amended, $9,400,000,000 to be derived from
the Mass Transit Account of the Highway Trust Fund and to remain available
until expended: <italic>Provided</italic>, That funds available for the
implementation or execution of programs authorized under 49 U.S.C. 5305, 5307,
5308, 5309, 5310, 5311, 5316, 5317, 5320, 5335, 5339, and 5340 and section 3038
of Public Law 105–178, as amended, shall not exceed total obligations of
$8,343,171,000 in fiscal year
2010.</text>
</appropriations-small><appropriations-small id="HCB276BDB0D154043B2A7FFD60BF40E65"><header>Research and university research
centers</header><text display-inline="no-display-inline">For necessary expenses
to carry out 49 U.S.C. 5306, 5312–5315, 5322, and 5506,
$67,670,000, to remain available until expended:
<italic>Provided</italic>, That $10,000,000 is
available to carry out the transit cooperative research program under section
5313 of title 49, United States Code, $4,300,000
is available for the National Transit Institute under section 5315 of title 49,
United States Code, and $7,000,000 is available
for university transportation centers program under section 5506 of title 49,
United States Code: <italic>Provided further</italic>, That
$50,170,000 is available to carry out national
research programs under sections 5312, 5313, 5314, and 5322 of title 49, United
States Code:
<proviso><italic>Provided further</italic></proviso>, That of the funds
available to carry out section 5312 of title 49, United States Code,
$5,000,000 shall be available to the Secretary
to develop standards for asset management plans, provide technical assistance
to recipients engaged in the development or implementation of an asset
management plan, improve data collection through the National Transit Database,
and conduct a pilot program designed to identify the best practices of asset
management.</text>
</appropriations-small><appropriations-small id="HC61E047D1DEB4622828D40212CFB1F49"><header>Capital investment grants</header><text display-inline="no-display-inline">For necessary expenses to carry out section
5309 of title 49, United States Code,
$2,307,343,000, to remain available until
expended, of which no less than $200,000,000 is
for section 5309(e) of such title: <italic>Provided</italic>, That
$2,000,000 shall be transferred to the
Department of Transportation Office of Inspector General from funds set aside
for the execution of oversight contracts pursuant to section 5327(c) of title
49, United States Code, for costs associated with audits and investigations of
transit-related issues, including reviews of new fixed guideway
systems.</text>
</appropriations-small><appropriations-small id="id191AF0F701C446EC97FA7C333FFE9F8D"><header>GRANTS FOR ENERGY EFFICIENCY AND
GREENHOUSE GAS REDUCTIONS</header><text display-inline="no-display-inline">For
grants to public transit agencies for capital investments that will reduce the
energy consumption or greenhouse gas emissions of their public transportation
systems, $100,000,000, to remain available
through September 30, 2012:
<proviso><italic>Provided</italic></proviso>, That priority shall be
given to projects based on the total energy savings that are projected to
result from the investments, and the projected energy savings as a percentage
of the total energy usage of the public transit agency:
<proviso><italic>Provided further</italic></proviso>, That the
Secretary shall public criteria on which to base the competition for any grants
awarded under this heading no sooner than 90 days after the enactment of this
Act, require applications for funding provided under this heading to be
submitted no sooner than 120 days after the publication of such criteria, and
announce all projects selected to be funded from funds provided under this
heading no sooner than September 15, 2010.</text>
</appropriations-small><appropriations-small id="idC1504E2698A142BBBD68F98AA277BC74"><header>GRANTS TO THE WASHINGTON METROPOLITAN
AREA TRANSIT AUTHORITY</header><text display-inline="no-display-inline">For
grants to the Washington Metropolitan Area Transit Authority as authorized
under section 601 of Public Law 110–432,
$150,000,000, to remain available through
September 30, 2012:
<proviso><italic>Provided</italic></proviso>, That the Secretary shall
approve grants for capital and preventive maintenance expenditures for the
Washington Metropolitan Area Transit Authority only after receiving and
reviewing a request for each specific project:
<proviso><italic>Provided further</italic></proviso>, That prior to
approving such grants, the Secretary shall determine that the Washington
Metropolitan Area Transit Authority has placed the highest priority on those
investments that will improve the safety of the system, including but not
limited to fixing the track signal system, replacing the 1000 series cars,
installing guarded turnouts, buying equipment for wayside worker protection,
and installing rollback protection on cars that are not equipped with this
safety feature.</text>
</appropriations-small><appropriations-small id="H5E6C5EFE223E48D081680228DFE704C9"><header>Administrative provisions—federal
transit administration</header>
</appropriations-small></section><section id="HE255C1731E124F2181105BACA5F06B1E"><enum>160.</enum><text>The limitations on
obligations for the programs of the Federal Transit Administration shall not
apply to any authority under 49 U.S.C. 5338, previously made available for
obligation, or to any other authority previously made available for
obligation.</text>
</section><section id="HCF8C918397214CD6AA55AD57B690BF50"><enum>161.</enum><text>Notwithstanding any
other provision of law, funds appropriated or limited by this Act under
<quote>Federal Transit Administration, Capital Investment Grants</quote> and
for bus and bus facilities under <quote>Federal Transit Administration, Formula
and Bus Grants</quote> for projects specified in this Act or identified in
reports accompanying this Act not obligated by September 30, 2012, and other
recoveries, shall be directed to projects eligible to use the funds for the
purposes for which they were originally provided.</text>
</section><section id="H5741ADAD8AFC4D6299771086C6E248D3"><enum>162.</enum><text>Notwithstanding any
other provision of law, any funds appropriated before October 1, 2009, under
any section of chapter 53 of title 49, United States Code, that remain
available for expenditure, may be transferred to and administered under the
most recent appropriation heading for any such section.</text>
</section><section id="H971C7CDC73EC419A843453F134816A53"><enum>163.</enum><text>Notwithstanding any
other provision of law, unobligated funds made available for new fixed guideway
system projects under the heading <quote>Federal Transit Administration,
Capital investment grants</quote> in any appropriations Act prior to this Act
may be used during this fiscal year to satisfy expenses incurred for such
projects.</text>
</section><section id="H61DCF5EAA58348F693F90CC986CBDA0C"><enum>164.</enum><text>None of the funds
provided or limited under this Act may be used to issue a final regulation
under section 5309 of title 49, United States Code, except that the Federal
Transit Administration may continue to review comments received on the proposed
rule (Docket No. FTA–2006–25737).</text>
</section><section id="H22766F801C274ED5A993FD81ECED7AD0"><enum>165.</enum><text>Funds made available for
Alaska or Hawaii ferry boats or ferry terminal facilities pursuant to 49 U.S.C.
5309(m)(2)(B) may be used to construct new vessels and facilities, or to
improve existing vessels and facilities, including both the passenger and
vehicle-related elements of such vessels and facilities, and for repair
facilities: <italic>Provided</italic>, That not more than
$4,000,000 of the funds made available pursuant
to 49 U.S.C. 5309(m)(2)(B) may be used by the City and County of Honolulu to
operate a passenger ferry boat service demonstration project to test the
viability of different intra-island ferry boat routes and technologies.</text>
</section><section id="H6F5CF7C4C2D14FD5BA87923C23AA8D64"><enum>166.</enum><text>Hereafter, the local
share of the costs of the Woodward Avenue Corridor projects funded under
section 5309 shall include, at the option of the project sponsor, any portion
of the corridor advanced with 100 percent non-Federal funds.</text>
</section><section id="id6A8F99FAAEFD41D1A8C2B05B555F0C34"><enum>167.</enum><text>The Secretary of
Transportation shall provide recommendations to Congress, including legislative
proposals, on how to strengthen its role in regulating the safety of transit
agencies operating heavy rail on fixed guideway:
<proviso><italic>Provided</italic></proviso>, That the Secretary
shall include actions the Department of Transportation will take and what
additional legislative authorities it may need in order to fully implement
recommendations of the National Transportation Safety Board directed at the
Federal Transit Administration, including but not limited to recommendations
related to crashworthiness, emergency access and egress, event recorders, and
hours of service:
<proviso><italic>Provided further</italic></proviso>, That the
Secretary shall transmit to the House and Senate Committees on Appropriations a
report outlining these recommendations and a plan for their implementation by
the Department of Transportation no later than 45 days after enactment of this
Act.</text>
</section><section id="idAD176DE3783B4DE0ADF564910303FB0C"><enum>168.</enum><text>Notwithstanding any
other provision of law, the Secretary of Transportation shall not reallocate
any funding made available for items 523, 267, and 131 of section 3044 of the
Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for
Users (Public Law 109–59).</text>
</section><section id="IDdc19f5d6757b469e896633ad7521c75f"><enum>169.</enum><text>Notwithstanding any
other provision of law, the limitation on the total estimated amount of future
obligations of the Government and contingent commitments to incur obligations
covered by all outstanding letters of intent, full funding grant agreements,
and early systems work agreements under subsection 5338(g) of title 49, United
States Code, may not be more than the sum of the amount authorized under
sections 5338(a)(3) and 5338(c) of title 49, United States Code, for such
projects and an amount equivalent to the last 5 fiscal years of funding
allocated under subsections 5309(m)(1)(A) and 5309(m)(2)(A)(ii) of title 49,
United States Code, for such projects, less an amount the Secretary of
Transportation reasonably estimates is necessary for grants under section 5309
of title 49, United States Code, for those of such projects that are not
covered by a letter or agreement.</text>
</section><section id="ID1db4a25ad08045b7b87ac9df06ff6f74"><enum>170.</enum><text>None of the funds
provided or limited under this Act may be used to enforce regulations related
to charter bus service under part 604 of title 49, Code of Federal Regulations,
in the State of Washington.</text>
</section><section id="ID28fc18d17b7649d899ffa7a5147130b8"><enum>171.</enum><text>Hereafter, for
interstate multi-modal projects which are in Interstate highway corridors, the
Secretary shall base the rating under section 5309(d) of title 49, United
States Code, of the non-New Starts share of the public transportation element
of the project on the percentage of non-New Starts funds in the unified finance
plan for the multi-modal project:
<proviso><italic>Provided</italic></proviso>, That the Secretary
shall base the accounting of local matching funds on the total amount of all
local funds incorporated in the unified finance plan for the multi-modal
project for the purposes of funding under chapter 53 of title 49, United States
Code and title 23, United States Code:
<proviso><italic>Provided further</italic></proviso>, That the
Secretary shall evaluate the justification for the project under section
5309(d) of title 49, United States Code, including cost effectiveness, on the
public transportation costs and public transportation benefits.</text>
<appropriations-intermediate id="H0250D3C086434497AAC46A65DCCC0842"><header>Saint lawrence seaway development
corporation</header><text display-inline="no-display-inline">The Saint Lawrence
Seaway Development Corporation is hereby authorized to make such expenditures,
within the limits of funds and borrowing authority available to the
Corporation, and in accord with law, and to make such contracts and commitments
without regard to fiscal year limitations as provided by section 104 of the
Government Corporation Control Act, as amended, as may be necessary in carrying
out the programs set forth in the Corporation's budget for the current fiscal
year.</text>
</appropriations-intermediate><appropriations-small id="H90B31743C7D9445096BE0B930B0616FD"><header>Operations and
maintenance</header>
</appropriations-small><appropriations-small id="H8D77BFC96C7A4309867450E78B0042A0"><header>(harbor maintenance trust
fund)</header><text display-inline="no-display-inline">For necessary expenses
for operations, maintenance, and capital asset renewal of those portions of the
Saint Lawrence Seaway owned, operated, and maintained by the Saint Lawrence
Seaway Development Corporation, $32,324,000, to
be derived from the Harbor Maintenance Trust Fund, pursuant to Public Law
99–662.</text>
</appropriations-small><appropriations-intermediate id="HD88A12AEF79A4C16B6E38A30F89B9634"><header>Maritime
administration</header>
</appropriations-intermediate><appropriations-small id="H00AB60185ED34A2580CFDB266E1BEF53"><header>Maritime security program</header><text display-inline="no-display-inline">For necessary expenses to maintain and
preserve a U.S.-flag merchant fleet to serve the national security needs of the
United States, $174,000,000, to remain available
until expended.</text>
</appropriations-small><appropriations-small id="H772E38BE6B334E84B20503836D4DCC12"><header>Operations and training</header><text display-inline="no-display-inline">For necessary expenses of operations and
training activities authorized by law,
$154,900,000, of which
$11,240,000 shall remain available until
expended for maintenance and repair of training ships at State Maritime Schools
Academies, and of which $15,000,000 shall remain
available until expended for capital improvements at the United States Merchant
Marine Academy, and of which $59,057,000 shall
be available for operations at the United States Merchant Marine Academy:
<italic>Provided</italic>, That amounts apportioned for the United States
Merchant Marine Academy shall be available only upon allotments made personally
by the Secretary of Transportation and not a designee: <italic>Provided
further</italic>, That the Superintendent, Deputy Superintendent and the
Director of the Office of Resource Management of the United States Merchant
Marine Academy may not be allotment holders for the United States Merchant
Marine Academy, and the Administrator of Maritime Administration shall hold all
allotments made by the Secretary of Transportation under the previous proviso:
<italic>Provided further</italic>, That 50 percent of the funding made
available for the United States Merchant Marine Academy under this heading
shall be available only after the Secretary, in consultation with the
Superintendent and the Maritime Administration, completes a plan detailing by
program or activity and by object class how such funding will be expended at
the Academy, and this plan is submitted to the House and Senate Committees on
Appropriations.</text>
</appropriations-small><appropriations-small id="HBC2DB5C7AE6448EE94FC61FD35F931EF"><header>Ship disposal</header><text display-inline="no-display-inline">For necessary expenses related to the
disposal of obsolete vessels in the National Defense Reserve Fleet of the
Maritime Administration, $15,000,000, to remain
available until expended.</text>
</appropriations-small><appropriations-small id="HC4BDEC75A480458DB55C494A7B41E196"><header>Assistance to small
shipyards</header><text display-inline="no-display-inline">To make grants to
qualified shipyards as authorized under section 3508 of Public Law 110–417 or
section 54101 of title 46, United States Code,
$17,500,000, to remain available until expended:
<italic>Provided</italic>, That to be considered for assistance, a qualified
shipyard shall submit an application for assistance no later than 60 days after
enactment of this Act: <italic>Provided further</italic>, That from
applications submitted under the previous proviso, the Secretary of
Transportation shall make grants no later than 120 days after enactment of this
Act in such amounts as the Secretary determines: <italic>Provided
further</italic>, That not to exceed 2 percent of the funds appropriated under
this heading shall be available for necessary costs of grant
administration.</text>
</appropriations-small><appropriations-small id="H9EBBEB3801E04E6998B659A6A405755A"><header>Maritime guaranteed loan (title xi)
program account</header>
</appropriations-small><appropriations-small id="H67996A1C0AA24B02BDBDB739C3D79424"><header>(including transfer of
funds)</header><text display-inline="no-display-inline">For the cost of
guaranteed loans, as authorized, $14,000,000, of
which $10,000,000 shall remain available until
expended:
<proviso><italic>Provided</italic></proviso>, That such costs,
including the cost of modifying such loans, shall be as defined in section 502
of the Congressional Budget Act of 1974, as amended:
<proviso><italic>Provided further</italic></proviso>, That not to
exceed $4,000,000 shall be available for
administrative expenses to carry out the guaranteed loan program, which shall
be transferred to and merged with the appropriation for <quote>Operations and
Training</quote>, Maritime Administration.</text>
</appropriations-small><appropriations-small id="H11449CA1357240739069D665DB254EDA"><header>Administrative provisions—maritime
administration</header>
</appropriations-small></section><section id="H4612020D9FC647A2AEE8C799CBD23DAF"><enum>175.</enum><text>Notwithstanding any
other provision of this Act, the Maritime Administration is authorized to
furnish utilities and services and make necessary repairs in connection with
any lease, contract, or occupancy involving Government property under control
of the Maritime Administration, and payments received therefor shall be
credited to the appropriation charged with the cost thereof:
<italic>Provided</italic>, That rental payments under any such lease, contract,
or occupancy for items other than such utilities, services, or repairs shall be
covered into the Treasury as miscellaneous receipts.</text>
</section><section id="HFB8F16C3AF3D4D3E944687B04A5EDB1F"><enum>176.</enum><text>Section 51314 of title
46, United States Code, is amended in subsection (b) by inserting at the end
<quote>Such fees shall be credited to the Maritime Administration’s Operations
and Training appropriation, to remain available until expended, for those
expenses directly related to the purposes of the fees. Fees collected in excess
of actual expenses may be refunded to the Midshipmen through a mechanism
approved by the Secretary. The Academy shall maintain a separate and detailed
accounting of fee revenue and all associated expenses.</quote></text>
<appropriations-intermediate id="H1467C5C406AE4F169FA820866F8ED837"><header>Pipeline and hazardous materials safety
administration</header>
</appropriations-intermediate><appropriations-small id="H75283F9312ED4951B749E41728188E87"><header>Administrative
expenses</header>
</appropriations-small><appropriations-small id="idF850F050A0064FB38764F0F1D4CBDA8E"><header>(pipeline safety
fund)</header>
</appropriations-small><appropriations-small id="id53372AE66E1E4F288648A86177115734"><header>(including transfer of
funds)</header><text display-inline="no-display-inline">For necessary
administrative expenses of the Pipeline and Hazardous Materials Safety
Administration, $19,968,000, of which
$639,000 shall be derived from the Pipeline
Safety Fund: <italic>Provided</italic>, That
$1,000,000 shall be transferred to
<quote>Pipeline Safety</quote> in order to fund <quote>Pipeline safety
information grants to communities</quote> as authorized in section 60130 of
title 49, United States Code.</text>
</appropriations-small><appropriations-small id="idC65137D9F43441E8B1DCC03D279E1BD3"><header>Hazardous materials
safety</header><text display-inline="no-display-inline">For expenses necessary
to discharge the hazardous materials safety functions of the Pipeline and
Hazardous Materials Safety Administration,
$35,500,000, of which
$1,699,000 shall remain available until
September 30, 2012: <italic>Provided</italic>, That up to
$800,000 in fees collected under 49 U.S.C.
5108(g) shall be deposited in the general fund of the Treasury as offsetting
receipts: <italic>Provided further</italic>, That there may be credited to this
appropriation, to be available until expended, funds received from States,
counties, municipalities, other public authorities, and private sources for
expenses incurred for training, for reports publication and dissemination, and
for travel expenses incurred in performance of hazardous materials exemptions
and approvals functions.</text>
</appropriations-small><appropriations-small id="H7DA3465665B2460995222CE220D409EA"><header>Pipeline
safety</header>
</appropriations-small><appropriations-small id="HBB028E471F8C44E091BB9570660C822D"><header>(pipeline safety
fund)</header>
</appropriations-small><appropriations-small id="id130834FB2CB641539514562CBCF553DB"><header>(oil spill liability trust
fund)</header><text display-inline="no-display-inline">For expenses necessary
to conduct the functions of the pipeline safety program, for grants-in-aid to
carry out a pipeline safety program, as authorized by 49 U.S.C. 60107, and to
discharge the pipeline program responsibilities of the Oil Pollution Act of
1990, $105,239,000, of which
$18,905,000 shall be derived from the Oil Spill
Liability Trust Fund and shall remain available until September 30, 2012; and
of which $86,334,000 shall be derived from the
Pipeline Safety Fund, of which $47,332,000 shall
remain available until September 30, 2012: <italic>Provided</italic>, That not
less than $1,043,000 of the funds provided under
this heading shall be for the one-call State grant
program.</text>
</appropriations-small><appropriations-small id="HB0076844816144879B512AEC45E48A27"><header>Emergency preparedness
grants</header>
</appropriations-small><appropriations-small id="idB72E207546FE44D8AA84BB01D6783A31"><header>(emergency preparedness
fund)</header><text display-inline="no-display-inline">For necessary expenses
to carry out 49 U.S.C. 5128(b), $188,000, to be
derived from the Emergency Preparedness Fund, to remain available until
September 30, 2011: <italic>Provided</italic>, That not more than
$28,318,000 shall be made available for
obligation in fiscal year 2010 from amounts made available by 49 U.S.C. 5116(I)
and 5128(b)–(c): <italic>Provided further</italic>, That none of the funds made
available by 49 U.S.C. 5116(I), 5128(b), or 5128(c) shall be made available for
obligation by individuals other than the Secretary of Transportation, or his or
her designee.</text>
</appropriations-small><appropriations-intermediate id="id1F82D83727554BA69355D40DDE27A4D0"><header>Research and innovative technology
administration</header>
</appropriations-intermediate><appropriations-small id="id5988DBBA5E374B1CBCA54278D26DD9FD"><header>Research and development</header><text display-inline="no-display-inline">For necessary expenses of the Research and
Innovative Technology Administration,
$13,179,000, of which
$6,036,000 shall remain available until
September 30, 2012: <italic>Provided</italic>, That there may be credited to
this appropriation, to be available until expended, funds received from States,
counties, municipalities, other public authorities, and private sources for
expenses incurred for training.</text>
</appropriations-small><appropriations-intermediate id="id26E72F24D80142049CF841DC9F5A399E"><header>Office of inspector
general</header>
</appropriations-intermediate><appropriations-small id="idDD8D277E5FA74B20ABD6F0DB3DFC5E88"><header>Salaries and expenses</header><text display-inline="no-display-inline">For necessary expenses of the Office of
Inspector General to carry out the provisions of the Inspector General Act of
1978, as amended, $75,389,000:
<italic>Provided</italic>, That the Inspector General shall have all necessary
authority, in carrying out the duties specified in the Inspector General Act,
as amended (5 U.S.C. App. 3), to investigate allegations of fraud, including
false statements to the government (18 U.S.C. 1001), by any person or entity
that is subject to regulation by the Department: <italic>Provided
further</italic>, That the funds made available under this heading shall be
used to investigate, pursuant to section 41712 of title 49, United States Code:
(1) unfair or deceptive practices and unfair methods of competition by domestic
and foreign air carriers and ticket agents; and (2) the compliance of domestic
and foreign air carriers with respect to item (1) of this
proviso.</text>
</appropriations-small><appropriations-intermediate id="H59D77C95861C4C05BE63B03A5D5D1D92"><header>Surface transportation
board</header>
</appropriations-intermediate><appropriations-small id="idFDB43AF1B4DB4822A6693E44C1F8245A"><header>Salaries and expenses</header><text display-inline="no-display-inline">For necessary expenses of the Surface
Transportation Board, including services authorized by 5 U.S.C. 3109,
$28,332,000: <italic>Provided</italic>, That
notwithstanding any other provision of law, not to exceed
$1,250,000 from fees established by the Chairman
of the Surface Transportation Board shall be credited to this appropriation as
offsetting collections and used for necessary and authorized expenses under
this heading: <italic>Provided further</italic>, That the sum herein
appropriated from the general fund shall be reduced on a dollar-for-dollar
basis as such offsetting collections are received during fiscal year 2010, to
result in a final appropriation from the general fund estimated at no more than
$27,082,000.</text>
</appropriations-small><appropriations-intermediate id="H5F9227399058477098E1BBADE8FCE8EA"><header>General provisions—department of
transportation</header>
</appropriations-intermediate></section><section id="ID3D2A8336DE924E9698E7AD55A07345DA"><enum>180.</enum><text>During the current
fiscal year applicable appropriations to the Department of Transportation shall
be available for maintenance and operation of aircraft; hire of passenger motor
vehicles and aircraft; purchase of liability insurance for motor vehicles
operating in foreign countries on official department business; and uniforms or
allowances therefor, as authorized by law (5 U.S.C. 5901–5902).</text>
</section><section id="ID09833B0F5BC44017AF1E45F8A3A16FCF"><enum>181.</enum><text>Appropriations contained
in this Act for the Department of Transportation shall be available for
services as authorized by 5 U.S.C. 3109, but at rates for individuals not to
exceed the per diem rate equivalent to the rate for an Executive Level
IV.</text>
</section><section id="ID873E31024453420CAE404E8149B703A5"><enum>182.</enum><text>None of the funds in
this Act shall be available for salaries and expenses of more than 110
political and Presidential appointees in the Department of Transportation:
<italic>Provided</italic>, That none of the personnel covered by this provision
may be assigned on temporary detail outside the Department of
Transportation.</text>
</section><section id="ID189BB0727DBA49E4A742CA6E8A269AD3"><enum>183.</enum><text>None of the funds in
this Act shall be used to implement section 404 of title 23, United States
Code.</text>
</section><section id="HA17E7736F5E345E9B4A57C1728884FF2"><enum>184.</enum><subsection commented="no" display-inline="yes-display-inline" id="H720A33AA8B9D49D9A4D38E2A533842E0"><enum>(a)</enum><text>No recipient of funds
made available in this Act shall disseminate personal information (as defined
in 18 U.S.C. 2725(3)) obtained by a State department of motor vehicles in
connection with a motor vehicle record as defined in 18 U.S.C. 2725(1), except
as provided in 18 U.S.C. 2721 for a use permitted under 18 U.S.C. 2721.</text>
</subsection><subsection changed="added" id="H90CEDF0833194219813D0EFF18FC6D05" reported-display-style="italic"><enum>(b)</enum><text>Notwithstanding
subsection (a), the Secretary shall not withhold funds provided in this Act for
any grantee if a State is in noncompliance with this provision.</text>
</subsection></section><section id="ID3A879B3F0FB743D88E879C3E56521CAC"><enum>185.</enum><text>Funds received by the
Federal Highway Administration, Federal Transit Administration, and Federal
Railroad Administration from States, counties, municipalities, other public
authorities, and private sources for expenses incurred for training may be
credited respectively to the Federal Highway Administration's
<quote>Federal-Aid Highways</quote> account, the Federal Transit
Administration's <quote>Research and University Research Centers</quote>
account, and to the Federal Railroad Administration's <quote>Safety and
Operations</quote> account, except for State rail safety inspectors
participating in training pursuant to 49 U.S.C. 20105.</text>
</section><section id="IDDBC1874716464F5FA6F4395E90F18B59"><enum>186.</enum><text>Funds provided or
limited in this Act under the appropriate accounts within the Federal Highway
Administration, the Federal Railroad Administration and the Federal Transit
Administration shall be for the eligible programs, projects and activities in
the corresponding amounts identified in the committee report accompanying this
Act for <quote>Ferry Boats and Ferry Terminal Facilities</quote>,
<quote>Federal Lands</quote>, <quote>Interstate Maintenance
Discretionary</quote>, <quote>Transportation, Community and System Preservation
Program</quote>, <quote>Delta Region Transportation Development
Program</quote>, <quote>Rail Line Relocation and Improvement Program</quote>,
<quote>Rail-highway crossing hazard eliminations</quote>, <quote>Capital
Investment Grants</quote>, <quote>Alternatives analysis</quote>, and <quote>Bus
and bus facilities</quote>.</text>
</section><section id="ID8FC4F59EFF4A4CA69EBFEADA3C4F3E38"><enum>187.</enum><text>Notwithstanding any
other provisions of law, rule or regulation, the Secretary of Transportation is
authorized to allow the issuer of any preferred stock heretofore sold to the
Department to redeem or repurchase such stock upon the payment to the
Department of an amount determined by the Secretary.</text>
</section><section id="ID2DD267D20D474E389ED25917B12DD3C6"><enum>188.</enum><text>None of the funds in
this Act to the Department of Transportation may be used to make a grant unless
the Secretary of Transportation notifies the House and Senate Committees on
Appropriations not less than 3 full business days before any discretionary
grant award, letter of intent, or full funding grant agreement totaling
$1,000,000 or more is announced by the
department or its modal administrations from: (1) any discretionary grant
program of the Federal Highway Administration including the emergency relief
program; (2) the airport improvement program of the Federal Aviation
Administration; (3) any grant from the Federal Railroad Administration; or (4)
any program of the Federal Transit Administration other than the formula grants
and fixed guideway modernization programs: <italic>Provided</italic>, That the
Secretary gives concurrent notification to the House and Senate Committees on
Appropriations for any <quote>quick release</quote> of funds from the emergency
relief program: <italic>Provided further</italic>, That no notification shall
involve funds that are not available for obligation.</text>
</section><section id="ID1DEE5FC4C1494F9FBC822A32EB320495"><enum>189.</enum><text>Rebates, refunds,
incentive payments, minor fees and other funds received by the Department of
Transportation from travel management centers, charge card programs, the
subleasing of building space, and miscellaneous sources are to be credited to
appropriations of the Department of Transportation and allocated to elements of
the Department of Transportation using fair and equitable criteria and such
funds shall be available until expended.</text>
</section><section id="ID2C812EB33F994C35B6DE91A3B9C138A9"><enum>190.</enum><text>Amounts made available
in this or any other Act that the Secretary determines represent improper
payments by the Department of Transportation to a third-party contractor under
a financial assistance award, which are recovered pursuant to law, shall be
available—</text>
<paragraph id="H64BAAE0E2B4D410380CF3B7B6FABB3D4"><enum>(1)</enum><text>to reimburse the actual
expenses incurred by the Department of Transportation in recovering improper
payments; and</text>
</paragraph><paragraph id="HB78FE4F66E6B44CAA23A1EA7461D3BCF"><enum>(2)</enum><text>to pay contractors for
services provided in recovering improper payments or contractor support in the
implementation of the Improper Payments Information Act of 2002:
<italic>Provided</italic>, That amounts in excess of that required for
paragraphs (1) and (2)—</text>
<subparagraph id="H0B6FF832914E4FC69F8C5A9125B699B3"><enum>(A)</enum><text>shall be credited to and
merged with the appropriation from which the improper payments were made, and
shall be available for the purposes and period for which such appropriations
are available; or</text>
</subparagraph><subparagraph id="H24CC75E1388346F28283F61E397A4051"><enum>(B)</enum><text>if no such appropriation
remains available, shall be deposited in the Treasury as miscellaneous
receipts: <italic>Provided further</italic>, That prior to the transfer of any
such recovery to an appropriations account, the Secretary shall notify to the
House and Senate Committees on Appropriations of the amount and reasons for
such transfer: <italic>Provided further</italic>, That for purposes of this
section, the term <quote>improper payments</quote>, has the same meaning as
that provided in section 2(d)(2) of Public Law 107–300.</text>
</subparagraph></paragraph></section><section id="ID15ECC883CB0A40EDA8FCB84E4E125709"><enum>191.</enum><text>Notwithstanding any
other provision of law, if any funds provided in or limited by this Act are
subject to a reprogramming action that requires notice to be provided to the
House and Senate Committees on Appropriations, said reprogramming action shall
be approved or denied solely by the Committees on Appropriations:
<italic>Provided</italic>, That the Secretary may provide notice to other
congressional committees of the action of the Committees on Appropriations on
such reprogramming but not sooner than 30 days following the date on which the
reprogramming action has been approved or denied by the House and Senate
Committees on Appropriations.</text>
</section><section id="H60DE2B20FC5F49BF819F8A3BDE9AB2D0"><enum>192.</enum><text>None of the funds
appropriated or otherwise made available under this Act may be used by the
Surface Transportation Board of the Department of Transportation to charge or
collect any filing fee for rate complaints filed with the Board in an amount in
excess of the amount authorized for district court civil suit filing fees under
section 1914 of title 28, United States Code.</text>
</section><section id="H83579C6714B64138A808776059A021B3"><enum>193.</enum><text>Notwithstanding section
3324 of Title 31, United States Code, in addition to authority provided by
section 327 of title 49, United States Code, the Department’s Working Capital
fund is hereby authorized to provide payments in advance to vendors that are
necessary to carry out the Federal transit pass transportation fringe benefit
program under Executive Order 13150 and section 3049 of Public Law 109–59:
<italic>Provided</italic>, that the Department shall include adequate
safeguards in the contract with the vendors to ensure timely and high quality
performance under the contract.</text>
</section><section id="IDb2e5cd54f9d6441eb4e2bb76002d21d7"><enum>194.</enum><subsection commented="no" display-inline="yes-display-inline" id="id2FEA8F045F8C4BA49E025FF1D75D6DC0"><enum>(a)</enum><header>In
general</header><text>Section 127(a)(11) of title 23, United States Code, is
amended by striking “that portion of the Maine Turnpike designated Route 95 and
495, and that portion of Interstate Route 95 from the southern terminus of the
Maine Turnpike to the New Hampshire State line, laws (including regulations)”
and inserting <quote>all portions of the Interstate Highway System in the
State, laws (including regulations)</quote>.</text>
</subsection><subsection changed="added" id="IDebe229948bd34c19bfabf52fd76ba1ac" reported-display-style="italic"><enum>(b)</enum><header>Period of
effectiveness</header><text>The amendment made by subsection (a) shall be in
effect during the 1-year period beginning on the date of enactment of this
Act.</text>
</subsection><subsection changed="added" id="ID6df117d20659472d8f7ba8b28ea4114f" reported-display-style="italic"><enum>(c)</enum><header>reversion</header><text>Effective
as of the date that is 366 days after the date of enactment of this Act,
section 127(a)(11) of title 23, United States Code, is amended by striking
<quote>all portions of the Interstate Highway System in the State, laws
(including regulations)</quote> and inserting <quote>that portion of the Maine
Turnpike designated Route 95 and 495, and that portion of Interstate Route 95
from the southern terminus of the Maine Turnpike to the New Hampshire State
line, laws (including regulations)</quote>.</text>
</subsection></section><section id="IDeec13070c31c456cbc041e7bf327a206"><enum>195.</enum><text>The Secretary shall
initiate an independent and comprehensive study and analysis to supplement that
authorized under section 108, division C, of Public Law 111–8:
<proviso><italic>Provided</italic></proviso>, That the Department of
Transportation shall work with and coordinate with the Departments of Energy,
Commerce and Agriculture to develop a comprehensive understanding of the full
value of river flow support to users in the Mississippi and Missouri Rivers:
<proviso><italic>Provided further</italic></proviso>, That subjects
of analysis shall include energy (including hydropower and generation cooling),
and water transport (including water-compelled rates, projected total
transportation congestion considerations, transportation energy efficiency, air
quality and carbon emissions) and water users (including the number and
distribution of people, households, municipalities, and business throughout the
Missouri and Mississippi River basins who use river water for multiple
purposes):
<proviso><italic>Provided further</italic></proviso>, That in
addition to understanding current value, the Department is directed to work
with appropriate Federal partners to develop recommendations on how to minimize
impediments to growth and maximize water value of benefits related to energy
production and efficiency, congestion relief, trade and transport efficiency,
and air quality:
<proviso><italic>Provided further</italic></proviso>, That the
Department of Transportation shall provide its analysis and recommendations to
the U.S. Army Corps of Engineers, the White House, and the Congress:
<proviso><italic>Provided further</italic></proviso>, That
$2,000,000 is available until expended for such
purposes.</text>
</section><section id="id9C271231B26A4565B0AE1E19C046C9B1"><enum>196.</enum><text display-inline="yes-display-inline">Notwithstanding any other provision of law,
funds made available under section 330 of the Fiscal Year 2002 Department of
Transportation and Related Agencies Appropriations Act (Public Law 107–87) for
the Las Vegas, Nevada Monorail Project, funds made available under
<added-phrase reported-display-style="italic">section</added-phrase> 115 of the
Fiscal Year 2004 Transportation, Treasury and Independent Agencies
Appropriations Act (Public Law 108–199) for the North Las Vegas Intermodal
Transit Hub, and funds made available for the CATRAIL RTC Rail Project, Nevada
in the Fiscal Year 2005 Transportation, Treasury, Independent Agencies and
General Government Appropriations Act (Public Law 108–447), as well as any
unexpended funds in the Federal Transit Administration grant numbers NV–03–0024
and NV–03–0027, shall be made available until expended to the Regional
Transportation Commission of Southern Nevada for bus and bus-related projects
and bus rapid transit projects:
<proviso><italic>Provided</italic></proviso>, That the funds made
available for a project in accordance with this section shall be administered
under the terms and conditions set forth in 49 U.S.C. 5307, to the extent
applicable.</text>
<appropriations-small id="H5BBA1B62CBF644C485E1DA49FE507D0D"><text display-inline="no-display-inline">This
title may be cited as the <quote><short-title>Department
of Transportation Appropriations Act,
2010</short-title></quote>.</text>
</appropriations-small></section><enum>II</enum>
<appropriations-major id="id1DB56D1B5FCF44E395DCD64CBF6B6549"><header>Department of housing and urban
development</header>
</appropriations-major><appropriations-intermediate id="IDF1FC8500CCA44AF2982B212A9B18C51E"><header>Management and
administration</header>
</appropriations-intermediate><appropriations-intermediate id="HA5FB2AFD0A31406FA3F80EAF2E1A8CB7"><header>Executive direction</header><text display-inline="no-display-inline">For necessary salaries and expenses for
Executive Direction, $25,969,000, of which not
to exceed $4,619,000 shall be available for the
immediate Office of the Secretary and Deputy Secretary; not to exceed
$1,703,000 shall be available for the Office of
Hearings and Appeals; not to exceed $778,000
shall be available for the Office of Small and Disadvantaged Business
Utilization; not to exceed $727,000 shall be
available for the immediate Office of the Chief Financial Officer; not to
exceed $1,474,000 shall be available for the
immediate Office of the General Counsel; not to exceed
$2,912,000 shall be available to the Office of
the Assistant Secretary for Congressional and Intergovernmental Relations; not
to exceed $3,110,000 shall be available for the
Office of the Assistant Secretary for Public Affairs; not to exceed
$1,218,000 shall be available for the Office of
the Assistant Secretary for Administration; not to exceed
$2,125,000 shall be available to the Office of
the Assistant Secretary for Public and Indian Housing; not to exceed
$1,781,000 shall be available to the Office of
the Assistant Secretary for Community Planning and Development; not to exceed
$3,497,000 shall be available to the Office of
the Assistant Secretary for Housing, Federal Housing Commissioner; not to
exceed $1,097,000 shall be available to the
Office of the Assistant Secretary for Policy Development and Research; and not
to exceed $928,000 shall be available to the
Office of the Assistant Secretary for Fair Housing and Equal Opportunity:
<italic>Provided</italic>, That the Secretary of the Department of Housing and
Urban Development is authorized to transfer funds appropriated for any office
funded under this heading to any other office funded under this heading
following the written notification to the House and Senate Committees on
Appropriations: <italic>Provided further</italic>, That no appropriation for
any office shall be increased or decreased by more than 5 percent by all such
transfers: <italic>Provided further</italic>, That notice of any change in
funding greater than 5 percent shall be submitted for prior approval to the
House and Senate Committees on Appropriations: <italic>Provided
further</italic>, That the Secretary shall provide the Committees on
Appropriations quarterly written notification regarding the status of pending
congressional reports: <italic>Provided further</italic>, That the Secretary
shall provide all signed reports required by Congress
electronically:<italic>Provided further</italic>, That not to exceed
$25,000 of the amount made available under this
paragraph for the immediate Office of the Secretary shall be available for
official reception and representation expenses as the Secretary may
determine.</text>
</appropriations-intermediate><appropriations-small id="IDE4706A1979884C08B86B6DE7507D56B7"><header>Administration, operations and
management</header><text display-inline="no-display-inline">For necessary
salaries and expenses for administration, operations and management for the
Department of Housing and Urban Development,
$537,897,000, of which not to exceed
$76,958,000 shall be available for the personnel
compensation and benefits of the Office of Administration; not to exceed
$11,277,000 shall be available for the personnel
compensation and benefits of the Office of Departmental Operations and
Coordination; not to exceed $51,275,000 shall be
available for the personnel compensation and benefits of the Office of Field
Policy and Management; not to exceed $14,649,000
shall be available for the personnel compensation and benefits of the Office of
the Chief Procurement Officer; not to exceed
$35,197,000 shall be available for the personnel
compensation and benefits of the remaining staff in the Office of the Chief
Financial Officer; not to exceed $89,062,000
shall be available for the personnel compensation and benefits of the remaining
staff in the Office of the General Counsel; not to exceed
$3,296,000 shall be available for the personnel
compensation and benefits of the Office of Departmental Equal Employment
Opportunity; not to exceed $1,393,000 shall be
available for the personnel compensation and benefits for the Center for
Faith-Based and Community Initiatives; not to exceed
$2,400,000 shall be available for the personnel
compensation and benefits for the Office of Sustainability; not to exceed
$2,520,000 shall be available for the personnnel
compensation and benefits for the Office of Strategic Planning and Management;
and not to exceed $249,870,000 shall be
available for non-personnel expenses of the Department of Housing and Urban
Development: <italic>Provided</italic>, That, funds provided under this heading
may be used for necessary administrative and non-administrative expenses of the
Department of Housing and Urban Development, not otherwise provided for,
including purchase of uniforms, or allowances therefor, as authorized by 5
U.S.C. 5901–5902; hire of passenger motor vehicles; services as authorized by 5
U.S.C. 3109: <italic>Provided further</italic>, That notwithstanding any other
provision of law, funds appropriated under this heading may be used for
advertising and promotional activities that support the housing mission area:
<italic>Provided further</italic>, That the Secretary of Housing and Urban
Development is authorized to transfer funds appropriated for any office
included in Administration, Operations and Management to any other office
included in Administration, Operations and Management only after such transfer
has been submitted to, and received prior written approval by, the House and
Senate Committees on Appropriations: <italic>Provided further</italic>, That no
appropriation for any office shall be increased or decreased by more than 10
percent by all such transfers.</text>
</appropriations-small><appropriations-intermediate id="H26A0E847B60D48C1A576EF1A66FB0DC0"><header>Personnel compensation and
benefits</header>
</appropriations-intermediate><appropriations-small id="H63D6E698251241789C4D0AD0D71F0612"><header>Public and indian housing</header><text display-inline="no-display-inline">For necessary personnel compensation and
benefits expenses of the Office of Public and Indian Housing,
$197,074,000.</text>
</appropriations-small><appropriations-small id="H9DC61FAC83544461A34E25887C4F412C"><header>Community planning and
development</header><text display-inline="no-display-inline">For necessary
personnel compensation and benefits expenses of the Office of Community
Planning and Development mission area,
$98,989,000.</text>
</appropriations-small><appropriations-small id="HDBA3B41098A041BABEAB86A78517B6A7"><header>Housing</header><text display-inline="no-display-inline">For necessary personnel compensation and
benefits expenses of the Office of Housing,
$374,887,000.</text>
</appropriations-small><appropriations-small id="HADA7F22F9045467D971845C138D45E3A"><header>Office of the government national
mortgage association</header><text display-inline="no-display-inline">For
necessary personnel compensation and benefits expenses of the Office of the
Government National Mortgage Association,
$11,095,000, to be derived from the GNMA
guarantees of mortgage backed securities guaranteed loan receipt
account.</text>
</appropriations-small><appropriations-small id="H5027CC92109447679E6FCBDA174A15EC"><header>Policy development and
research</header><text display-inline="no-display-inline">For necessary
personnel compensation and benefits expenses of the Office of Policy
Development and Research,
$21,138,000.</text>
</appropriations-small><appropriations-small id="HE45FE60F18AB4AC3B986CDE4385B6065"><header>Fair housing and equal
opportunity</header><text display-inline="no-display-inline">For necessary
personnel compensation and benefits expenses of the Office of Fair Housing and
Equal Opportunity,
$71,800,000.</text>
</appropriations-small><appropriations-small id="H663536F58B3F428E82A53CA00136940B"><header>Office of healthy homes and lead hazard
control</header>
</appropriations-small><appropriations-small id="H092B51E7F0F04EF5BAF83B52064A93FF"><header>Personnel compensation and
benefits</header><text display-inline="no-display-inline">For necessary
personnel compensation and benefits expenses of the Office of Healthy Homes and
Lead Hazard Control,
$7,151,000.</text>
</appropriations-small><appropriations-intermediate id="H2E1FDD4588CB47BBBD2049D3988527B1"><header>Public and indian
housing</header>
</appropriations-intermediate><appropriations-small id="H400F0256D5584330815AFC546B892CC2"><header>Tenant-based rental
assistance</header>
</appropriations-small><appropriations-small id="H80DAB0FC7133434BB965F75E2DD0AB81"><header>(including transfer of
funds)</header><text display-inline="no-display-inline">For activities and
assistance for the provision of tenant-based rental assistance authorized under
the United States Housing Act of 1937, as amended (42 U.S.C. 1437 et seq.)
(<quote>the Act</quote> herein), not otherwise provided for,
$14,137,200,000, to remain available until
expended, shall be available on October 1, 2009 (in addition to the
$4,000,000,000 previously appropriated under
this heading that will become available on October 1, 2009), and
$4,000,000,000, to remain available until
expended, shall be available on October 1, 2010: <italic>Provided</italic>,
That of the amounts made available under this heading are provided as
follows:</text>
<paragraph id="HA7AF9ACA5E82434B93EA3ECC15653D25"><enum>(1)</enum><text>$16,339,200,000
shall be available for renewals of expiring section 8 tenant-based annual
contributions contracts (including renewals of enhanced vouchers under any
provision of law authorizing such assistance under section 8(t) of the Act) and
including renewal of other special purpose vouchers initially funded in fiscal
year 2008 <italic>and 2009</italic> (such as Family Unification, Veterans
Affairs Supportive Housing Vouchers and Non-elderly Disabled Vouchers):
<italic>Provided</italic>, That notwithstanding any other provision of law,
from amounts provided under this paragraph and any carryover, the Secretary for
the calendar year 2010 funding cycle shall provide renewal funding for each
public housing agency based on voucher management system (VMS) leasing and cost
data for the most recent Federal fiscal year and by applying the most recent
Annual Adjustment Factor as established by the Secretary, and by making any
necessary adjustments for the costs associated with deposits to family
self-sufficiency program escrow accounts or first-time renewals including
tenant protection or HOPE VI vouchers: <italic>Provided further</italic>, That
none of the funds provided under this paragraph may be used to fund a total
number of unit months under lease which exceeds a public housing agency's
authorized level of units under contract:<italic> Provided further</italic>,
That the Secretary shall, to the extent necessary to stay within the amount
specified under this paragraph (except as otherwise modified under this Act),
pro rate each public housing agency's allocation otherwise established pursuant
to this paragraph: <italic>Provided further</italic>, That except as provided
in the last two provisos, the entire amount specified under this paragraph
(except as otherwise modified under this Act) shall be obligated to the public
housing agencies based on the allocation and pro rata method described above,
and the Secretary shall notify public housing agencies of their annual budget
not later than 60 days after enactment of this Act: <italic>Provided
further</italic>, That the Secretary may extend the 60-day notification period
with the prior written approval of the House and Senate Committees on
Appropriations: <italic>Provided further</italic>, That public housing agencies
participating in the Moving to Work demonstration shall be funded pursuant to
their Moving to Work agreements and shall be subject to the same pro rata
adjustments under the previous provisos: <italic>Provided further</italic>,
That up to $150,000,000 shall be available only:
(1) to adjust the allocations for public housing agencies, after application
for an adjustment by a public housing agency that experienced a significant
increase, as determined by the Secretary, in renewal costs of tenant-based
rental assistance resulting from unforeseen circumstances or from portability
under section 8(r) of the Act; (2) for adjustments for public housing agencies
with voucher leasing rates at the end of the calendar year that exceed the
average leasing for the 12-month period used to establish the allocation; (3)
for adjustments for the costs associated with VASH vouchers; or (4) for
vouchers that were not in use during the 12-month period in order to be
available to meet a commitment pursuant to section 8(o)(13) of the Act;</text>
</paragraph><paragraph id="H93F99A32F9164816AAD9839E32758984"><enum>(2)</enum><text>$103,000,000
shall be for section 8 rental assistance for relocation and replacement of
housing units that are demolished or disposed of pursuant to the Omnibus
Consolidated Rescissions and Appropriations Act of 1996 (Public Law 104–134),
conversion of section 23 projects to assistance under section 8, the family
unification program under section 8(x) of the Act, relocation of witnesses in
connection with efforts to combat crime in public and assisted housing pursuant
to a request from a law enforcement or prosecution agency, enhanced vouchers
under any provision of law authorizing such assistance under section 8(t) of
the Act, HOPE VI vouchers, mandatory and voluntary conversions, and tenant
protection assistance including replacement and relocation assistance or for
project based assistance to prevent the displacement of unassisted elderly
tenants currently residing in section 202 properties financed between 1959 and
1974 that are refinanced pursuant to Public Law 106–569, as amended, or under
the authority as provided under this Act: <italic>Provided</italic>, That the
Secretary shall may provide replacement vouchers for all units that were
occupied within the previous 24 months that cease to be available as assisted
housing, subject only to the availability of funds;</text>
</paragraph><paragraph id="H51821A1C78064869AEB068ED475AEF30"><enum>(3)</enum><text>$1,550,000,000
shall be for administrative and other expenses of public housing agencies in
administering the section 8 tenant-based rental assistance program, of which up
to $50,000,000 shall be available to the
Secretary to allocate to public housing agencies that need additional funds to
administer their section 8 programs, including fees associated with section 8
tenant protection rental assistance, the administration of disaster related
vouchers, Veterans Affairs Supportive Housing vouchers, and other incremental
vouchers: <italic>Provided</italic>, That no less than
$1,500,000,000 of the amount provided in this
paragraph shall be allocated to public housing agencies for the calendar year
2010 funding cycle based on section 8(q) of the Act (and related Appropriation
Act provisions) as in effect immediately before the enactment of the Quality
Housing and Work Responsibility Act of 1998 (Public Law 105–276):
<italic>Provided further</italic>, That if the amounts made available under
this paragraph are insufficient to pay the amounts determined under the
previous proviso, the Secretary may decrease the amounts allocated to agencies
by a uniform percentage applicable to all agencies receiving funding under this
paragraph or may, to the extent necessary to provide full payment of amounts
determined under the previous proviso, utilize unobligated balances, including
recaptures and carryovers, remaining from funds appropriated to the Department
of Housing and Urban Development under this heading, for fiscal year 2009 and
prior fiscal years, notwithstanding the purposes for which such amounts were
appropriated: <italic>Provided further</italic>, That amounts provided under
this paragraph shall be only for activities related to the provision of
tenant-based rental assistance authorized under section 8, including related
development activities;</text>
</paragraph><paragraph id="id42CC21BB5DDB47D3A72FA7B382A6212F"><enum>(4)</enum><text display-inline="yes-display-inline">$50,000,000
shall be available for family self-sufficiency coordinators under section 23 of
the Act;</text>
</paragraph><paragraph id="HEF302C04E7934125872CD09AE46C65DE"><enum>(5)</enum><text>$20,000,000
for incremental voucher assistance through the Family Unification Program:
<italic>Provided</italic>, That the assistance made available under this
paragraph shall continue to remain available for family unification upon
turnover: <italic>Provided further</italic>, That the Secretary of Housing and
Urban Development shall make such funding available, notwithstanding section
204 (competition provision) of this title, to entities with demonstrated
experience and resources for supportive services;</text>
</paragraph><paragraph id="H82971EDE753F4EEF8952A2C17771DF1A"><enum>(6)</enum><text>$75,000,000
for incremental rental voucher assistance for use through a supported housing
program administered in conjunction with the Department of Veterans Affairs as
authorized under section 8(o)(19) of the United States Housing Act of 1937:
<italic>Provided</italic>, That the Secretary of Housing and Urban Development
shall make such funding available, notwithstanding section 204 (competition
provision) of this title, to public housing agencies that partner with eligible
VA Medical Centers or other entities as designated by the Secretary of the
Department of Veterans Affairs, based on geographical need for such assistance
as identified by the Secretary of the Department of Veterans Affairs, public
housing agency administrative performance, and other factors as specified by
the Secretary of Housing and Urban Development in consultation with the
Secretary of the Department of Veterans Affairs: <italic>Provided
further</italic>, That the Secretary of Housing and Urban Development may
waive, or specify alternative requirements for (in consultation with the
Secretary of the Department of Veterans Affairs), any provision of any statute
or regulation that the Secretary of Housing and Urban Development administers
in connection with the use of funds made available under this paragraph (except
for requirements related to fair housing, nondiscrimination, labor standards,
and the environment), upon a finding by the Secretary that any such waivers or
alternative requirements are necessary for the effective delivery and
administration of such voucher assistance: <italic>Provided further</italic>,
That assistance made available under this paragraph shall continue to remain
available for homeless veterans upon turn-over; and</text>
</paragraph><paragraph id="ID204087ce301641658dd2a5b69e5a05e3"><enum>(7)</enum><text>up to
$50,000,000 provided under this heading maybe
transferred to and merged with the appropriation for <quote>Transformation
Initiative</quote>.</text>
</paragraph></appropriations-small><appropriations-small id="H73A14FE32142433EA8658C92B0859796"><header>Housing certificate fund</header><text display-inline="no-display-inline">Unobligated balances, including recaptures
and carryover, remaining from funds appropriated to the Department of Housing
and Urban Development under this heading, the heading <quote>Annual
Contributions for Assisted Housing</quote> and the heading <quote>Project-Based
Rental Assistance</quote>, for fiscal year 2010 and prior years may be used for
renewal of or amendments to section 8 project-based contracts and for
performance-based contract administrators, notwithstanding the purposes for
which such funds were appropriated: <italic>Provided</italic>, That any
obligated balances of contract authority from fiscal year 1974 and prior that
have been terminated shall be permanently
cancelled.</text>
</appropriations-small><appropriations-small id="H216376FD3666439CAC964BAD7AF1B721"><header>Public housing capital
fund</header>
</appropriations-small><appropriations-small id="HC59B944BEFD142A79D8F809B05B705F1"><text display-inline="no-display-inline">For
the Public Housing Capital Fund Program to carry out capital and management
activities for public housing agencies, as authorized under section 9 of the
United States Housing Act of 1937 (42 U.S.C. 1437g) (the <quote>Act</quote>)
$2,500,000,000, to remain available until
September 30, 2013: <italic>Provided</italic>, That notwithstanding any other
provision of law or regulation, during fiscal year 2010 the Secretary of
Housing and Urban Development may not delegate to any Department official other
than the Deputy Secretary and the Assistant Secretary for Public and Indian
Housing any authority under paragraph (2) of section 9(j) regarding the
extension of the time periods under such section: <italic>Provided
further</italic>, That for purposes of such section 9(j), the term
<quote>obligate</quote> means, with respect to amounts, that the amounts are
subject to a binding agreement that will result in outlays, immediately or in
the future: <italic>Provided further</italic>, That up to
$15,345,000 shall be to support the ongoing
Public Housing Financial and Physical Assessment activities of the Real Estate
Assessment Center (REAC): <italic>Provided further</italic>, That no funds may
be used under this heading for the purposes specified in section 9(k) of the
Act:<italic>Provided further</italic>, That of the total amount provided under
this heading, not to exceed $20,000,000 shall be
available for the Secretary to make grants, notwithstanding section 204 of this
Act, to public housing agencies for emergency capital needs including safety
and security measures necessary to address crime and drug-related activity as
well as needs resulting from unforeseen or unpreventable emergencies and
natural disasters excluding Presidentially declared emergencies and natural
disasters under the Robert T. Stafford Disaster Relief and Emergency Act (42
U.S.C. 5121 et seq.) occurring in fiscal year 2010:
<proviso><italic>Provided further</italic></proviso>, That of the
amounts provided under this heading $50,000,000
shall be for grants to be competitively awarded to public housing agencies for
the construction, rehabilitation or purchase of facilities to be used to
provide early education, adult education, job training or other appropriate
services to public housing residents:
<proviso><italic>Provided further</italic></proviso>, That grantees
shall demonstrate an ability to leverage other Federal, State, local or private
resources for the construction, rehabilitation or acquisition of such
facilities, and that selected grantees shall demonstrate a capacity to pay the
long-term costs of operating such facilities: <italic>Provided
further</italic>, That of the total amount provided under this heading,
$40,000,000 shall be for supportive services,
service coordinators and congregate services as authorized by section 34 of the
Act (42 U.S.C. 1437z–6) and the Native American Housing Assistance and
Self-Determination Act of 1996 (25 U.S.C. 4101 et seq.): <italic>Provided
further</italic>, That of the total amount provided under this heading up to
$8,820,000 is to support the costs of
administrative and judicial receiverships: <italic>Provided further</italic>,
That from the funds made available under this heading, the Secretary shall
provide bonus awards in fiscal year 2010 to public housing agencies that are
designated high performers.</text>
</appropriations-small><appropriations-small id="HC4620C4398924E0588A588AB13FD3C4C"><header>Public housing operating
fund</header><text display-inline="no-display-inline">For 2010 payments to
public housing agencies for the operation and management of public housing, as
authorized by section 9(e) of the United States Housing Act of 1937 (42 U.S.C.
1437g(e)), $4,750,000,000:
<italic>Provided</italic>, That, in fiscal year 2009 and all fiscal years
hereafter, no amounts under this heading in any appropriations Act may be used
for payments to public housing agencies for the costs of operation and
management of public housing for any year prior to the current year of such
Act:
<proviso><italic>Provided further</italic></proviso>, That of the
amounts made available under this heading, up to
$15,000,000 may be transferred to and merged
with the appropriation for <quote>Transformation
Initiative</quote>.</text>
</appropriations-small><appropriations-small id="H0139409A5326499E90AB05F6EDFB5807"><header>Choice neighborhoods</header><text display-inline="no-display-inline">For competitive grants under the Choice
Neighborhoods Initiative for transformation, rehabilitation and replacement
housing needs of both public and HUD-assisted housing and to transform
neighborhoods of poverty into functioning, sustainable mixed income
neighborhoods with appropriate services, public assets, transportation and
access to jobs, and schools, including public schools, community schools, and
charter schools, $250,000,000, to remain
available until September 30, 2013: <italic>Provided</italic>, That grant funds
may be used for resident and community services, community development and
affordable housing needs in the community, and for conversion of vacant or
foreclosed properties to affordable housing: <italic>Provided further</italic>,
That grantees shall undertake comprehensive local planning with input from
residents and the community, and that grantees shall provide a match in State,
local, other Federal or private funds: <italic>Provided further</italic>, That
grantees may include local governments, public housing authorities, and
nonprofits:
<proviso><italic>Provided further</italic></proviso>, That for-profit
developers may apply jointly with a public entity:
<proviso><italic>Provided further</italic></proviso>, That of the
amounts provided, not less than $165,000,000
shall be awarded to public housing authorities:
<proviso><italic>Provided further</italic></proviso>, That such
grantees shall create partnerships with other local organizations including
assisted housing owners, service agencies and resident organizations:
<italic>Provided further</italic>, That the Secretary shall consult with the
Secretaries of Education, Labor, Transportation, Health and Human Services,
Agriculture, and Commerce and the Administrator of the Environmental Protection
Agency to coordinate and leverage other appropriate Federal resources:
<proviso><italic>Provided further</italic></proviso>, That within 60
days of the enactment of this Act, HUD shall submit a plan to the House and
Senate Committees on Appropriations, for approval, describing an array of
performance measures that HUD will use in identifying functioning, sustainable,
mixed-income neighborhoods and a plan for how HUD will work with other
agencies: <italic>Provided further</italic>, That no more than ten percent of
funds made available under this heading may be provided for planning grants to
assist communities in developing comprehensive strategies for implementing this
program in conjunction with community notice and input: <italic>Provided
further</italic>, That the Secretary shall develop and publish guidelines for
the use of such competitive funds, including but not limited to eligible
activities, program requirements, protections and services for affected
residents, and performance metrics.</text>
</appropriations-small><appropriations-small id="HE68C1FEEDB3940DCBC25921629FDD232"><header>Native american housing block
grants</header><text display-inline="no-display-inline">For the Native American
Housing Block Grants program, as authorized under title I of the Native
American Housing Assistance and Self-Determination Act of 1996 (NAHASDA) (25
U.S.C. 4111 et seq.), $670,000,000, to remain
available until expended: <italic>Provided</italic>, That, notwithstanding the
Native American Housing Assistance and Self-Determination Act of 1996, to
determine the amount of the allocation under title I of such Act for each
Indian tribe, the Secretary shall apply the formula under section 302 of such
Act with the need component based on single-race Census data and with the need
component based on multi-race Census data, and the amount of the allocation for
each Indian tribe shall be the greater of the two resulting allocation amounts:
<italic>Provided further</italic>, That of the amounts made available under
this heading, $3,500,000 shall be contracted for
assistance for a national organization representing Native American housing
interests for providing training and technical assistance to Indian housing
authorities and tribally designated housing entities as authorized under
NAHASDA; and $4,250,000 shall be to support the
inspection of Indian housing units, contract expertise, training, and technical
assistance in the training, oversight, and management of such Indian housing
and tenant-based assistance, including up to
$300,000 for related travel:<italic>Provided
further</italic>, That of the amount provided under this heading,
$2,000,000 shall be made available for the cost
of guaranteed notes and other obligations, as authorized by title VI of
NAHASDA: <italic>Provided further</italic>, That such costs, including the
costs of modifying such notes and other obligations, shall be as defined in
section 502 of the Congressional Budget Act of 1974, as amended:
<italic>Provided further</italic>, That these funds are available to subsidize
the total principal amount of any notes and other obligations, any part of
which is to be guaranteed, not to exceed
$18,000,000.</text>
</appropriations-small><appropriations-small id="H7996523B0F394F2D8E945F286830C807"><header>Native hawaiian housing block
grant</header><text display-inline="no-display-inline">For the Native Hawaiian
Housing Block Grant program, as authorized under title VIII of the Native
American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4111
et seq.), $13,000,000, to remain available until
expended: <italic>Provided</italic>, That of this amount,
$300,000 shall be for training and technical
assistance activities, including up to $100,000
for related travel by Hawaii-based HUD employees.</text>
</appropriations-small><appropriations-small id="HAEB2EC161D16478D92CDE0D4CBD8040B"><header>Indian housing loan guarantee fund
program account</header><text display-inline="no-display-inline">For the cost
of guaranteed loans, as authorized by section 184 of the Housing and Community
Development Act of 1992 (12 U.S.C. 1715z),
$7,000,000, to remain available until expended:
<italic>Provided</italic>, That such costs, including the costs of modifying
such loans, shall be as defined in section 502 of the Congressional Budget Act
of 1974: <italic>Provided further</italic>, That these funds are available to
subsidize total loan principal, any part of which is to be guaranteed, up to
$919,000,000: <italic>Provided further</italic>,
That up to $750,000 shall be for administrative
contract expenses including management processes and systems to carry out the
loan guarantee program.</text>
</appropriations-small><appropriations-small id="H949970ED3C614AEE9E67EAFA463B6991"><header>Native hawaiian housing loan guarantee
fund program account</header><text display-inline="no-display-inline">For the
cost of guaranteed loans, as authorized by section 184A of the Housing and
Community Development Act of 1992 (12 U.S.C. 1715z),
$1,044,000, to remain available until expended:
<italic>Provided</italic>, That such costs, including the costs of modifying
such loans, shall be as defined in section 502 of the Congressional Budget Act
of 1974: <italic>Provided further</italic>, That these funds are available to
subsidize total loan principal, any part of which is to be guaranteed, not to
exceed
$41,504,255.</text>
</appropriations-small><appropriations-intermediate id="HBE7E3C5848C546B980951220C25346E7"><header>Community planning and
development</header>
</appropriations-intermediate><appropriations-small id="HDEBE98CD3EF54635AE24667476DA6CDF"><header>Housing opportunities for persons with
aids</header>
</appropriations-small><appropriations-small id="H8297120DE60F40059EEACD2242953A01"><text display-inline="no-display-inline">For
carrying out the Housing Opportunities for Persons with AIDS program, as
authorized by the AIDS Housing Opportunity Act (42 U.S.C. 12901 et seq.),
$320,000,000, to remain available until
September 30, 2011, except that amounts allocated pursuant to section 854(c)(3)
of such Act shall remain available until September 30, 2012:
<italic>Provided</italic>, That the Secretary shall renew all expiring
contracts for permanent supportive housing that were funded under section
854(c)(3) of such Act that meet all program requirements before awarding funds
for new contracts and activities authorized under this
section.</text>
</appropriations-small><appropriations-small id="H305F77851BF643F898CA12B393D0D386"><header>Community development
fund</header>
</appropriations-small><appropriations-small id="H2A05D7D48F9745B0A854D8533453645D"><header>(including transfer of
funds)</header><text display-inline="no-display-inline">For assistance to units
of State and local government, and to other entities, for economic and
community development activities, and for other purposes,
$4,450,000,000, to remain available until
September 30, 2012, unless otherwise specified: <italic>Provided</italic>, That
of the total amount provided, $3,992,000,000 is
for carrying out the community development block grant program under title I of
the Housing and Community Development Act of 1974, as amended (the
<quote>Act</quote> herein) (42 U.S.C. 5301 et seq.): <italic>Provided
further</italic>, That unless explicitly provided for under this heading
(except for planning grants provided in the second paragraph and amounts made
available under the third paragraph), not to exceed 20 percent of any grant
made with funds appropriated under this heading shall be expended for planning
and management development and administration: <italic>Provided
further</italic>, That $65,000,000 shall be for
grants to Indian tribes notwithstanding section 106(a)(1) of such Act, of
which, notwithstanding any other provision of law (including section 204 of
this Act), up to $3,960,000 may be used for
emergencies that constitute imminent threats to health and safety.</text><text display-inline="no-display-inline">Of the amount made available under this
heading, $171,000,000 shall be available for
grants for the Economic Development Initiative (EDI) to finance a variety of
targeted economic investments in accordance with the terms and conditions
specified in the explanatory statement accompanying this Act:
<italic>Provided</italic>, That none of the funds provided under this paragraph
may be used for program operations: <italic>Provided further</italic>, That,
for fiscal years 2007, 2008 and 2009, no unobligated funds for EDI grants may
be used for any purpose except acquisition, planning, design, purchase of
equipment, revitalization, redevelopment or construction.</text><text display-inline="no-display-inline">Of the amount made available under this
heading, $22,000,000 shall be available for
neighborhood initiatives that are utilized to improve the conditions of
distressed and blighted areas and neighborhoods, to stimulate investment,
economic diversification, and community revitalization in areas with population
outmigration or a stagnating or declining economic base, or to determine
whether housing benefits can be integrated more effectively with welfare reform
initiatives: <italic>Provided</italic>, That amounts made available under this
paragraph shall be provided in accordance with the terms and conditions
specified in the explanatory statement accompanying this
Act.</text>
</appropriations-small><appropriations-small id="id3D13DEE6676548D981436DAE57E56948"><text display-inline="no-display-inline">The
referenced explanatory statement under this heading in title II of division K
of Public Law 110–161 is deemed to be amended by striking <quote>Old Town Boys
and Girls Club, Albuquerque, NM, for renovation of the existing Old Town Boys
and Girls Club accompanied by construction of new areas for the Club</quote>
and inserting <quote>Old Town Boys and Girls Club, Albuquerque, NM, for
renovation of the Heights Boys and Girls Club</quote>.</text><text display-inline="no-display-inline">The referenced explanatory statement under
this heading in division I of Public Law 111–8 is deemed to be amended with
respect to <quote>Hawaii County Office of Housing and Community Development,
HI</quote> by striking <quote>Senior Housing Renovation Project</quote> and
inserting <quote>Transitional Housing Project</quote>.</text><text display-inline="no-display-inline">The referenced explanatory statement under
the heading “Community Development Fund” in title II of division K of Public
Law 110–161 is deemed to be amended with respect to “Emergency Housing
Consortium in San Jose, CA” by striking “for construction of the Sobrato
Transitional Center, a residential facility for homeless individuals and
families” and inserting “for improvements to homeless services and prevention
facilities”.</text><text display-inline="no-display-inline"><added-phrase reported-display-style="italic"></added-phrase>Of the amounts made available
under this heading, $150,000,000 shall be made
available for a Sustainable Communities Initiative to improve regional planning
efforts that integrate housing and transportation decisions, and increase the
capacity to improve land use and zoning:
<proviso><italic>Provided</italic></proviso>, That
$100,000,000 shall be for Regional Integrated
Planning Grants to support the linking of transportation and land use planning:
<proviso><italic>Provided further</italic></proviso>, That not less
than $25,000,000 of the funding made available
for Regional Integrated Planning Grants shall be awarded to metropolitan areas
of less than 500,000:
<proviso><italic>Provided further</italic></proviso>, That
$40,000,000 shall be for Community Challenge
Planning Grants to foster reform and reduce barriers to achieve affordable,
economically vital, and sustainable communities:
<proviso><italic>Provided further</italic></proviso>, That before
funding is made available for Regional Integrated Planning Grants or Community
Challenge Planning Grants, the Secretary, in coordination with the Secretary of
Transportation, shall submit a plan to the House and Senate Committees on
Appropriations, the Senate Committee on Banking and Urban Affairs, and the
House Committee on Financial Services establishing grant criteria as well as
performance measures by which the success of grantees will be measured:
<proviso><italic>Provided further</italic></proviso>, That the
Secretary will consult with the Secretary of Transportation in selecting grant
recipients:
<proviso><italic>Provided further</italic></proviso>, That up to
$10,000,000 shall be for a joint Department of
Housing and Urban Development and Department of Transportation research effort
that shall include a rigorous evaluation of the Regional Integrated Planning
Grants and Community Challenge Planning Grants programs:
<proviso><italic>Provided further</italic></proviso>, That of the
amounts made available under this heading,
$25,000,000 shall be made available for the
Rural Innovation Fund for grants to Indian tribes, State housing finance
agencies, State community and/or economic development agencies, local rural
nonprofits and community development corporations to address the problems of
concentrated rural housing distress and community poverty:
<proviso><italic>Provided further</italic></proviso>, That of the
funding made available under the previous proviso,
$10,000,000 shall be made available to promote
economic development and entrepreneurship for federally recognized Indian
Tribes, through activities including the capitalization of revolving loan
programs and business planning and development, funding is also made available
for technical assistance to increase capacity through training and outreach
activities:
<proviso><italic>Provided further</italic></proviso>, That of the
amounts made available under this heading,
$25,000,000 is for grants pursuant to section
107 of the Housing and Community Development Act of 1974 (42 U.S.C.
5307).</text>
</appropriations-small><appropriations-small id="H41B7D5DAA4DC4E49B8061140DBC076A8"><header>Community development loan guarantees
program account</header><text display-inline="no-display-inline"><added-phrase committee-id="SSAP00" reported-display-style="italic"></added-phrase>Subject to
section 502 of the Congressional Budget Act of 1974, during fiscal year 2010,
commitments to guarantee loans under section 108 of the Housing and Community
Development Act of 1974, any part of which is guaranteed, shall not exceed a
total principal amount of $275,000,000,
notwithstanding any aggregate limitation on outstanding obligations guaranteed
in subsection (k) of such section 108: <italic>Provided</italic>, That the
Secretary shall collect fees from borrowers, notwithstanding subsection (m) of
such section 108, to result in a credit subsidy cost of zero, and such fees
shall be collected in accordance with section 502(7) of the Congressional
Budget Act of 1974.<added-phrase committee-id="SSAP00" reported-display-style="italic"></added-phrase></text>
</appropriations-small><appropriations-small id="H0AEFC92B53EE44378DA2E7C31192CC17"><header>Home investment partnerships
program</header>
</appropriations-small><appropriations-small id="HAE61A9F19EF54FB1AE2DCC84BB1B149B"><text display-inline="no-display-inline">For
the HOME investment partnerships program, as authorized under title II of the
Cranston-Gonzalez National Affordable Housing Act, as amended,
$1,825,000,000, to remain available until
September 30, 2012: <italic>Provided</italic>, That, funds provided in prior
appropriations Acts for technical assistance, that were made available for
Community Housing Development Organizations technical assistance, and that
still remain available, may be used for HOME technical assistance
notwithstanding the purposes for which such amounts were
appropriated.</text>
</appropriations-small><appropriations-small id="H3F618804441A4461AA39F197DFD0ABFF"><header>Self-help and assisted homeownership
opportunity program</header><text display-inline="no-display-inline">For the
Self-Help and Assisted Homeownership Opportunity Program, as authorized under
section 11 of the Housing Opportunity Program Extension Act of 1996, as
amended, $85,000,000, to remain available until
September 30, 2012: <italic>Provided</italic>, That of the total amount
provided under this heading, $27,000,000 shall
be made available to the Self-Help and Assisted Homeownership Opportunity
Program as authorized under section 11 of the Housing Opportunity Program
Extension Act of 1996, as amended: <italic>Provided further</italic>, That
$50,000,000 shall be made available for the
second, third and fourth capacity building activities authorized under section
4(a) of the HUD Demonstration Act of 1993 (42 U.S.C. 9816 note), of which not
less than $5,000,000 may be made available for
rural capacity building activities: <italic>Provided further</italic>, That
$8,000,000 shall be made available for capacity
building activities as authorized in sections 6301 through 6305 of Public Law
110–246.</text>
</appropriations-small><appropriations-small id="H718963EF2C7643A6931EE2F173BD4141"><header>Homeless assistance
grants</header>
</appropriations-small><appropriations-small id="H288E9FB2483A41728EECBF7619AD0333"><header>(including transfer of
funds)</header><text display-inline="no-display-inline">For the emergency
shelter grants program as authorized under subtitle B of title IV of the
McKinney-Vento Homeless Assistance Act, as amended; the supportive housing
program as authorized under subtitle C of title IV of such Act; the section 8
moderate rehabilitation single room occupancy program as authorized under the
United States Housing Act of 1937, as amended, to assist homeless individuals
pursuant to section 441 of the McKinney-Vento Homeless Assistance Act; and the
shelter plus care program as authorized under subtitle F of title IV of such
Act, $1,875,000,000, of which
$1,870,000,000 shall remain available until
September 30, 2012, and of which $5,000,000
shall remain available until expended for rehabilitation projects with 10-year
grant terms: <italic>Provided</italic>, That not less than 30 percent of funds
made available, excluding amounts provided for renewals under the Shelter Plus
Care Program and emergency shelter grants, shall be used for permanent housing
for individuals and families: <italic>Provided further</italic>, That all funds
awarded for services shall be matched by not less than 25 percent in funding by
each grantee: <italic>Provided further</italic>, That for all match
requirements applicable to funds made available under this heading for this
fiscal year and prior years, a grantee may use (or could have used) as a source
of match funds other funds administered by the Secretary and other Federal
agencies unless there is (or was) a specific statutory prohibition on any such
use of any such funds: <italic>Provided further</italic>, That the Secretary
shall renew on an annual basis expiring contracts or amendments to contracts
funded under the shelter plus care program if the program is determined to be
needed under the applicable continuum of care and meets appropriate program
requirements and financial standards, as determined by the Secretary:
<italic>Provided further</italic>, That all awards of assistance under this
heading shall be required to coordinate and integrate homeless programs with
other mainstream health, social services, and employment programs for which
homeless populations may be eligible, including Medicaid, State Children's
Health Insurance Program, Temporary Assistance for Needy Families, Food Stamps,
and services funding through the Mental Health and Substance Abuse Block Grant,
Workforce Investment Act, and the Welfare-to-Work grant program:
<italic>Provided further</italic>, That up to
$6,000,000 of the funds appropriated under this
heading shall be available for the national homeless data analysis project:
<proviso><italic>Provided further</italic></proviso>, That up to
$12,750,000 of the funds made available under
this heading may be transferred to and merged with the appropriation for
<quote>Transformation Initiative</quote>:<italic> Provided further</italic>,
That all balances for Shelter Plus Care renewals previously funded from the
Shelter Plus Care Renewal account and transferred to this account shall be
available, if recaptured, for Shelter Plus Care renewals in fiscal year
2010.</text>
</appropriations-small><appropriations-intermediate id="HFB347262BDF84041A1C1E998AD003461"><header>Housing
programs</header>
</appropriations-intermediate><appropriations-small id="H8EC83A130943439D92022ECC9768EFD5"><header>Project-based rental
assistance</header>
</appropriations-small><appropriations-small id="H62D30A05332741B5B4718FA599A83B8A"><header>(including transfer of
funds)</header><text display-inline="no-display-inline">For activities and
assistance for the provision of project-based subsidy contracts under the
United States Housing Act of 1937 (42 U.S.C. 1437 et seq.) (<quote>the
Act</quote>), not otherwise provided for,
$7,700,000,000, to remain available until
expended, shall be available on October 1, 2009, and
$400,000,000, to remain available until
expended, shall be available on October 1, 2010: <italic>Provided</italic>,
That the amounts made available under this heading are provided as
follows:</text>
<paragraph id="H8EC6D1A3339F4DA48113D1DF04411B69"><enum>(1)</enum><text>Up to
$7,868,000,000 shall be available for expiring
or terminating section 8 project-based subsidy contracts (including section 8
moderate rehabilitation contracts), for amendments to section 8 project-based
subsidy contracts (including section 8 moderate rehabilitation contracts), for
contracts entered into pursuant to section 441 of the McKinney-Vento Homeless
Assistance Act (42 U.S.C. 11401), for renewal of section 8 contracts for units
in projects that are subject to approved plans of action under the Emergency
Low Income Housing Preservation Act of 1987 or the Low-Income Housing
Preservation and Resident Homeownership Act of 1990, and for administrative and
other expenses associated with project-based activities and assistance funded
under this paragraph.</text>
</paragraph><paragraph id="HEE211EA50A834C3BBE2AF735DF085508"><enum>(2)</enum><text>Not less than
$232,000,000 but not to exceed
$258,000,000 shall be available for
performance-based contract administrators for section 8 project-based
assistance: <italic>Provided</italic>, That the Secretary of Housing and Urban
Development may also use such amounts for performance-based contract
administrators for the administration of: interest reduction payments pursuant
to section 236(a) of the National Housing Act (12 U.S.C. 1715z–1(a)); rent
supplement payments pursuant to section 101 of the Housing and Urban
Development Act of 1965 (12 U.S.C. 1701s); section 236(f)(2) rental assistance
payments (12 U.S.C. 1715z–1(f)(2)); project rental assistance contracts for the
elderly under section 202(c)(2) of the Housing Act of 1959 (12 U.S.C. 1701q);
project rental assistance contracts for supportive housing for persons with
disabilities under section 811(d)(2) of the Cranston-Gonzalez National
Affordable Housing Act (42 U.S.C. 8013(d)(2)); project assistance contracts
pursuant to section 202(h) of the Housing Act of 1959 (Public Law 86–372; 73
Stat. 667); and loans under section 202 of the Housing Act of 1959 (Public Law
86–372; 73 Stat. 667).</text>
</paragraph><paragraph id="H5F66FAD51B324FB6A32BFBE66C1036D3"><enum>(3)</enum><text>Not to exceed
$20,000,000 provided under this heading may be
transferred to and merged with the appropriation for <quote>Transformation
Initiative</quote>.</text>
</paragraph><paragraph id="H2DE05901E83D4ECF8DBF6DF8AB9E9B0F"><enum>(4)</enum><text>Amounts recaptured under
this heading, the heading <quote>Annual Contributions for Assisted
Housing</quote>, or the heading <quote>Housing Certificate Fund</quote> may be
used for renewals of or amendments to section 8 project-based contracts or for
performance-based contract administrators, notwithstanding the purposes for
which such amounts were appropriated.</text>
</paragraph></appropriations-small><appropriations-small id="H22BBAA53072840E1B04B161587D94F26"><header>Housing for the
elderly</header>
</appropriations-small><appropriations-small id="H744C5D74A3564356AB9682F724CE4A6D"><header>(including transfer of
funds)</header><text display-inline="no-display-inline">For capital advances,
including amendments to capital advance contracts, for housing for the elderly,
as authorized by section 202 of the Housing Act of 1959, as amended, and for
project rental assistance for the elderly under section 202(c)(2) of such Act,
including amendments to contracts for such assistance and renewal of expiring
contracts for such assistance for up to a 1-year term, and for supportive
services associated with the housing,
$785,000,000, to remain available until
September 30, 2013, of which up to $542,000,000
shall be for capital advance and project-based rental assistance awards:
<proviso><italic>Provided</italic></proviso>, That amounts for project
rental assistance contracts are to remain available for the liquidation of
valid obligations for 10 years following the date of such
obligation:<italic></italic><proviso><italic>Provided
further</italic></proviso>, That of the amount provided under this heading, up
to $90,000,000 shall be for service coordinators
and the continuation of existing congregate service grants for residents of
assisted housing projects, and of which up to
$25,000,000 shall be for grants under section
202b of the Housing Act of 1959 (12 U.S.C. 1701q–2) for conversion of eligible
projects under such section to assisted living or related use and for
substantial and emergency capital repairs as determined by the Secretary:
<italic>Provided further</italic>, That of the amount made available under this
heading, $20,000,000 shall be available to the
Secretary of Housing and Urban Development only for making competitive grants
to private nonprofit organizations and consumer cooperatives for covering costs
of architectural and engineering work, site control, and other planning
relating to the development of supportive housing for the elderly that is
eligible for assistance under section 202 of the Housing Act of 1959 (12 U.S.C.
1701q): <italic>Provided further</italic>, That amounts under this heading
shall be available for Real Estate Assessment Center inspections and
inspection-related activities associated with section 202 capital advance
projects:<italic>Provided further</italic>, That the Secretary may waive the
provisions of section 202 governing the terms and conditions of project rental
assistance, except that the initial contract term for such assistance shall not
exceed 5 years in duration.</text>
</appropriations-small><appropriations-small id="H0AA25EFBE23D4D8AB482724066AFA4D3"><header>Housing for persons with
disabilities</header>
</appropriations-small><appropriations-small id="HC86E5978EAC8459CAAB7273D2CBE4232"><header>(including transfer of
funds)</header><text display-inline="no-display-inline">For capital advance
contracts, including amendments to capital advance contracts, for supportive
housing for persons with disabilities, as authorized by section 811 of the
Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 8013), for project
rental assistance for supportive housing for persons with disabilities under
section 811(d)(2) of such Act, including amendments to contracts for such
assistance and renewal of expiring contracts for such assistance for up to a
1-year term, and for supportive services associated with the housing for
persons with disabilities as authorized by section 811(b)(1) of such Act, and
for tenant-based rental assistance contracts entered into pursuant to section
811 of such Act, $265,000,000, of which up to
$129,000,000 shall be for capital advances and
project-based rental assistance contracts, to remain available until September
30, 2013:
<proviso><italic>Provided</italic></proviso>, That amounts for project
rental assistance contracts are to remain available for the liquidation of
valid obligations for 10 years following the date of such obligation:<italic>
Provided further</italic>, That, of the amount provided under this heading,
$87,100,000 shall be for amendments or renewal
of tenant-based assistance contracts entered into prior to fiscal year 2005
(only one amendment authorized for any such contract): <italic>Provided
further</italic>, That all tenant-based assistance made available under this
heading shall continue to remain available only to persons with disabilities:
<italic>Provided further</italic>, That the Secretary may waive the provisions
of section 811 governing the terms and conditions of project rental assistance
and tenant-based assistance, except that the initial contract term for such
assistance shall not exceed 5 years in duration: <italic>Provided
further</italic>, That amounts made available under this heading shall be
available for Real Estate Assessment Center inspections and inspection-related
activities associated with section 811 Capital Advance
Projects.</text>
</appropriations-small><appropriations-intermediate id="H08432805C1FA41EC8EAEEBFA2FBB8ECC"><header>Housing counseling
assistance</header><text display-inline="no-display-inline">For contracts,
grants, and other assistance excluding loans, as authorized under section 106
of the Housing and Urban Development Act of 1968, as amended,
$100,000,000, including up to
$2,500,000 for administrative contract services,
to remain available until September 30, 2011: <italic>Provided</italic>, That
funds shall be used for providing counseling and advice to tenants and
homeowners, both current and prospective, with respect to property maintenance,
financial management/literacy, and such other matters as may be appropriate to
assist them in improving their housing conditions, meeting their financial
needs, and fulfilling the responsibilities of tenancy or homeownership; for
program administration; and for housing counselor training:
<proviso><italic>Provided further</italic></proviso>, That of the
amounts made available under this heading, not less than
$15,000,000 shall be awarded to HUD-certified
housing counseling agencies located in the 100 metropolitan statistical areas
with the highest rate of home foreclosures for the purpose of assisting
homeowners with inquiries regarding mortgage-modification assistance and
mortgage scams.</text>
</appropriations-intermediate><appropriations-intermediate id="H3098C20F42614B9AA4F83B338AA9CD55"><header>Energy innovation fund</header><text display-inline="no-display-inline"><added-phrase committee-id="SSAP00" reported-display-style="italic"></added-phrase>For an Energy Innovation Fund to
enable the Federal Housing Administration and the new Office of Sustainability
to catalyze innovations in the residential energy efficiency sector that have
promise of replicability and help create a standardized home energy efficient
retrofit market, $75,000,000, to remain
available until September 30, 2013: <italic>Provided</italic>, That
$20,000,000 shall be for the Energy Efficient
Mortgage Innovation pilot program, directed at the single family housing
market: <italic>Provided further</italic>, That
$20,000,000 shall be for the Multifamily Energy
Pilot, directed at the multifamily housing market: <italic>Provided
further</italic>, That $35,000,000 shall be for
the Local Initiatives Fund so as to leverage additional public and private
sector capital to stimulate the development of model residential energy
efficient retrofits in ten or more communities: <italic>Provided
further</italic>, That selected communities shall have demonstrated capacity to
conduct energy efficient retrofit activities, and no community shall receive
more than $10,000,000.<added-phrase committee-id="SSAP00" reported-display-style="italic"></added-phrase></text>
</appropriations-intermediate><appropriations-small id="H45DA225077B14ED59744317AA54BAFE9"><header>Other assisted housing
programs</header>
</appropriations-small><appropriations-small id="H1C2FB8BB078B4A1683808561BBDA0327"><header>Rental housing assistance</header><text display-inline="no-display-inline">For amendments to contracts under section
101 of the Housing and Urban Development Act of 1965 (12 U.S.C. 1701s) and
section 236(f)(2) of the National Housing Act (12 U.S.C. 1715z–<added-phrase committee-id="SSAP00" reported-display-style="italic"></added-phrase>1)<added-phrase committee-id="SSAP00" reported-display-style="italic"></added-phrase> in
State-aided, non-insured rental housing projects,
$40,000,000, to remain available until
expended.</text>
</appropriations-small><appropriations-small id="H9DB6B5A4ADC74F25ABF77D3DC110F703"><header>Rent
supplement</header>
</appropriations-small><appropriations-small id="HF21CCD23CFCC4D1F94D0EDF7ED2B2E2B"><header><added-phrase committee-id="SSAP00" reported-display-style="italic"></added-phrase>(rescission)<added-phrase committee-id="SSAP00" reported-display-style="italic"></added-phrase></header><text display-inline="no-display-inline">Of the amounts recaptured from terminated
contracts under section 101 of the Housing and Urban Development Act of 1965
(12 U.S.C. 1701s) and section 236 of the National Housing Act (12 U.S.C.
1715z–<added-phrase committee-id="SSAP00" reported-display-style="italic"></added-phrase>1)<added-phrase committee-id="SSAP00" reported-display-style="italic"></added-phrase>
$27,600,000 are rescinded hereby permanently
cancelled:
<proviso><italic>Provided</italic></proviso>, That no amounts may be
cancelled from amounts that were designated by the Congress as an emergency
requirement pursuant to the Concurrent Resolution on the Budget or the Balanced
Budget and Emergency Deficit Control Act of 1985, as
amended.</text>
</appropriations-small><appropriations-small id="HD70546F8800F46539E2A2EB4482787DB"><header>Payment to manufactured housing fees
trust fund</header><text display-inline="no-display-inline">For necessary
expenses as authorized by the National Manufactured Housing Construction and
Safety Standards Act of 1974 (42 U.S.C. 5401 et seq.), up to
$16,000,000, to remain available until expended,
of which $7,000,000 is to be derived from the
Manufactured Housing Fees Trust Fund: <italic>Provided</italic>, That not to
exceed the total amount appropriated under this heading shall be available from
the general fund of the Treasury to the extent necessary to incur obligations
and make expenditures pending the receipt of collections to the Fund pursuant
to section 620 of such Act: <italic>Provided further</italic>, That the amount
made available under this heading from the general fund shall be reduced as
such collections are received during fiscal year 2010 so as to result in a
final fiscal year 2010 appropriation from the general fund estimated at not
more than $9,000,000 and fees pursuant to such
section 620 shall be modified as necessary to ensure such a final fiscal year
2010 appropriation: <italic>Provided further</italic>, That for the dispute
resolution and installation programs, the Secretary of Housing and Urban
Development may assess and collect fees from any program participant:
<italic>Provided further</italic>, That such collections shall be deposited
into the Fund, and the Secretary, as provided herein, may use such collections,
as well as fees collected under section 620, for necessary expenses of such
Act: <italic>Provided further</italic>, That notwithstanding the requirements
of section 620 of such Act, the Secretary may carry out responsibilities of the
Secretary under such Act through the use of approved service providers that are
paid directly by the recipients of their
services.</text>
</appropriations-small><appropriations-intermediate id="H7B0EA1881B01463E974BCFB14BD50C8F"><header>Federal housing
administration</header>
</appropriations-intermediate><appropriations-small id="H9F0293D78A9D45EB9C3F3C0CCCBBAC13"><header>Mutual mortgage insurance program
account</header>
</appropriations-small><appropriations-small id="HB835C89D0D604208BF988B3B84FFC806"><header>(including transfers of
funds)</header><text display-inline="no-display-inline">During fiscal year
2010, commitments to guarantee single family loans insured under the Mutual
Mortgage Insurance Fund shall not exceed a loan principal of
$400,000,000,000: <italic>Provided</italic>,
That for the cost of new guaranteed loans, as authorized by section 255 of the
National Housing Act (12 U.S.C. 1715z–20),
$288,000,000; and, in addition, to the extent
that new guaranteed loan commitments under section 255 will and do exceed
$30,000,000,000, an additional
$26,600 shall be available for each
$1,000,000 in such additional commitments
(including a pro rata amount for any new guaranteed loan commitment amount
below $1,000,000):
<proviso><italic>Provided further</italic></proviso>, That the
Secretary shall reduce the principal limit factors applicable to mortgage loans
insured under such section 255 in fiscal year 2010 by 5 percent from what was
assumed for calculating the subsidy rates published in the President's budget
for fiscal year 2010: <italic>Provided further</italic>, That during fiscal
year <added-phrase committee-id="SSAP00" reported-display-style="italic"></added-phrase>2010<added-phrase committee-id="SSAP00" reported-display-style="italic"></added-phrase>,
obligations to make direct loans to carry out the purposes of section 204(g) of
the National Housing Act, as amended, shall not exceed
$50,000,000:
<italic>Provided</italic><added-phrase committee-id="SSAP00" reported-display-style="italic"><italic>further</italic></added-phrase>, 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 administartion
$188,900,000, of
$70,794,000 may be transferred to the Working
caital fund, and of which up to $7,500,000 shall
be for education and outreach of FHA single family loan products:
<italic>Provided further</italic>, That to the extent guaranteed loan
commitments exceed $200,000,000,000 on or before
April 1, 2010, an additional $1,400 for
administrative contract expenses shall be available for each
$1,000,000 in additional guaranteed loan
commitments (including a pro rata amount for any amount below
$1,000,000), but in no case shall funds made
available by this proviso exceed
$30,000,000.</text>
</appropriations-small><appropriations-small id="H0F81CF5684124F9EB50615C3E0F50C8C"><header>General and special risk program
account</header><text display-inline="no-display-inline">For the cost of
guaranteed loans, as authorized by sections 238 and 519 of the
<act-name parsable-cite="NHA">National Housing Act</act-name> (12 U.S.C.
1715z–3 and 1735c), including the cost of loan guarantee modifications, as that
term is defined in section 502 of the Congressional Budget Act of 1974, as
amended, $8,600,000, to remain available until
expended: <italic>Provided,</italic> That commitments to guarantee loans shall
not exceed $15,000,000,000 in total loan
principal, any part of which is to be guaranteed.</text><text display-inline="no-display-inline">Gross obligations for the principal amount
of direct loans, as authorized by sections 204(g), 207(l), 238, and 519(a) of
the National Housing Act, shall not exceed
<added-phrase committee-id="SSAP00" reported-display-style="italic"></added-phrase>$20,000,000<italic></italic>,<italic></italic>
which shall be for loans to nonprofit and governmental entities in connection
with the sale of single-family real properties owned by the Secretary and
formerly insured under such Act.</text>
</appropriations-small><appropriations-intermediate id="H7A4E2224B6F14F51B30B4E53E756FEC5"><header>Government national mortgage
association</header>
</appropriations-intermediate><appropriations-small id="HD872670C6ED84168B0D89DD1D0CDC117"><header>Guarantees of mortgage-backed
securities loan guarantee program account</header><text display-inline="no-display-inline">New commitments to issue guarantees to carry
out the purposes of section 306 of the National Housing Act, as amended (12
U.S.C. 1721(g)), shall not exceed
$500,000,000,000, to remain available until
September 30, 2011.</text>
</appropriations-small><appropriations-intermediate id="H7BD3B3E4768B4ED7979DA838B7D3BEAC"><header>Policy development and
research</header>
</appropriations-intermediate><appropriations-small id="H7D5599AA8F06426485E76388DB1EDEB6"><text display-inline="no-display-inline">For
contracts, grants, and necessary expenses of programs of research and studies
relating to housing and urban problems, not otherwise provided for, as
authorized by title V of the Housing and Urban Development Act of 1970 (12
U.S.C. 1701z–1 et seq.), including carrying out the functions of the Secretary
of Housing and Urban Development under section 1(a)(1)(I) of Reorganization
Plan No. 2 of 1968,
<added-phrase committee-id="SSAP00" reported-display-style="italic"></added-phrase>$48,000,000<added-phrase committee-id="SSAP00" reported-display-style="italic"></added-phrase>, to
remain available until September 30, 2011.</text>
</appropriations-small><appropriations-intermediate id="H03E0CA69D62B442896FA844CAB034D3B"><header>Fair housing and equal
opportunity</header>
</appropriations-intermediate><appropriations-small id="H60B44452CAE6460D85E322FADF48D1C6"><header>Fair housing activities</header><text display-inline="no-display-inline">For contracts, grants, and other assistance,
not otherwise provided for, as authorized by title VIII of the Civil Rights Act
of 1968, as amended by the Fair Housing Amendments Act of 1988, and section 561
of the Housing and Community Development Act of 1987, as amended,
<added-phrase committee-id="SSAP00" reported-display-style="italic"></added-phrase>
$72,000,000<added-phrase committee-id="SSAP00" reported-display-style="italic"></added-phrase>, to remain available until
September 30, 2011, of which $42,500,000 shall
be to carry out activities pursuant to such section 561 of which up to
$2,000,000 shall be made available to carryout
authorized activities to protect the public from mortgage rescue scams:
<italic>Provided</italic>, That notwithstanding 31 U.S.C. 3302, the Secretary
may assess and collect fees to cover the costs of the Fair Housing Training
Academy, and may use such funds to provide such training: <italic>Provided
further</italic>, That no funds made available under this heading shall be used
to lobby the executive or legislative branches of the Federal Government in
connection with a specific contract, grant or loan:
<proviso><italic>Provided further</italic></proviso>, That of the funds
made available under this heading, $500,000
shall be available to the Secretary of Housing and Urban Development for the
creation and promotion of translated materials and other programs that support
the assistance of persons with limited English proficiency in utilizing the
services provided by the Department of Housing and Urban
Development.</text>
</appropriations-small><appropriations-intermediate id="H0431AD6CD36B4C6CA106FF5DA6320B0F"><header>Office of lead hazard control and
healthy homes</header>
</appropriations-intermediate><appropriations-small id="H49B5CB8E9F8949B8B95CD4EAD830B84A"><header>Lead hazard reduction</header><text display-inline="no-display-inline">For the Lead Hazard Reduction Program, as
Authorized by section 1011 of the Residential Lead-Based Paint Hazard Reduction
Act of 1992, $140,000,000, to remain available
until September 30, 2011, of which not less than
$20,000,000 shall be for the Healthy Homes
Initiative, pursuant to sections 501 and 502 of the Housing and Urban
Development Act of 1970 that shall include research, studies, testing, and
demonstration efforts, including education and outreach concerning lead-based
paint poisoning and other housing-related diseases and hazards:
<italic>Provided</italic>, That for purposes of environmental review, pursuant
to the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and
other provisions of the law that further the purposes of such Act, a grant
under the Healthy Homes Initiative, Operation Lead Elimination Action Plan
(LEAP), or the Lead Technical Studies program under this heading or under prior
appropriations Acts for such purposes under this heading, shall be considered
to be funds for a special project for purposes of section 305(c) of the
Multifamily Housing Property Disposition Reform Act of 1994: <italic>Provided
further</italic>, That of the total amount made available under this heading,
$48,000,000 shall be made available on a
competitive basis for areas with the highest lead paint abatement needs:
<italic>Provided further</italic>, That each recipient of funds provided under
the second proviso shall make a matching contribution in an amount not less
than 25 percent: <italic>Provided further</italic>, That the Secretary may
waive the matching requirement cited in the preceding proviso on a case by case
basis if the Secretary determines that such a waiver is necessary to advance
the purposes of this program: <italic>Provided further</italic>, That each
applicant shall submit a detailed plan and strategy that demonstrates adequate
capacity that is acceptable to the Secretary to carry out the proposed use of
funds pursuant to a notice of funding availability:<italic>Provided
further</italic>, That amounts made available under this heading in this or
prior appropriations Acts, and that still remain available, may be used for any
purpose under this heading notwithstanding the purpose for which such amounts
were appropriated if a program competition is undersubscribed and there are
other program competitions under this heading that are oversubscribed:
<italic>Provided further</italic>, That of the total amount made available
under this heading, $250,000 shall be allocated
through the Office of Healthy Homes and Lead Hazard Control to conduct
communications and outreach to potential applicants to the Lead Hazard
Reduction Demonstration Grant program.</text>
</appropriations-small><appropriations-intermediate id="HCE563E6DAEEE41E5887125852F5F0DFE"><header>Management and
administration</header>
</appropriations-intermediate><appropriations-small id="H3BBF193290E14CDCB87C4E602D04B3C3"><header>Working capital fund</header><text display-inline="no-display-inline">For additional capital for the Working
Capital Fund (42 U.S.C. 3535) for the maintenance of infrastructure for
Department-wide information technology systems, for the continuing operation
and maintenance of both Department-wide and program-specific information
systems, and for program-related
<added-phrase committee-id="SSAP00" reported-display-style="italic"></added-phrase>maintenance<added-phrase committee-id="SSAP00" reported-display-style="italic"></added-phrase>
activities, $200,000,000, to remain available
until September 30, 2011: <italic>Provided</italic>, That any amounts
transferred to this Fund under this Act shall remain available until expended:
<italic>Provided further</italic>, That any amounts transferred to this Fund
from amounts appropriated by previously enacted appropriations Acts or from
within this Act may be used for the purposes specified under this Fund, in
addition to the purposes for which such amounts were appropriated:
<italic>Provided further</italic>, That up to
$15,000,000 may be transferred to this account
from all other accounts in this title (except for the Office of the Inspector
General account) that make funds available for salaries and
expenses.</text>
</appropriations-small><appropriations-small id="H25885551E7DD45A6B30286EDEEF2D6CF"><header>Office of inspector
general</header><text display-inline="no-display-inline">For necessary salaries
and expenses of the Office of Inspector General in carrying out the Inspector
General Act of 1978, as amended, $126,000,000:
<italic>Provided</italic>, That the Inspector General shall have independent
authority over all personnel issues within this
office.</text>
</appropriations-small><appropriations-small id="H6570B61FFB954BF6A4DFAA76636CE4DD"><header>Transformation
initiative</header>
</appropriations-small><appropriations-small id="H73AADA915E69485DAA856E0BB0850D14"><header>(including transfer of
funds)</header><text display-inline="no-display-inline">For necessary expenses
for combating mortgage fraud, $20,000,000, to
remain available until expended.</text><text display-inline="no-display-inline"><added-phrase committee-id="SSAP00" reported-display-style="italic"></added-phrase>In addition, of the amounts made
available in this Act under each of the following headings under this title,
the Secretary may transfer to, and merge with, this account up to 1 percent
from each such account, and such transferred amounts shall be available until
September 30, 2013, for (1) research, evaluation, and program metrics; (2)
program demonstrations; (3) technical assistance and capacity building; and (4)
information technology: <quote>Public Housing Capital Fund</quote>,
<quote>Choice Neighborhoods Initiative</quote>, <quote>Energy Innovation
Fund</quote>, <quote>Housing Opportunities for Persons With AIDS</quote>,
<quote>Community Development Fund</quote>, <quote>HOME Investment Partnerships
Program</quote>, <quote>Self-Help and Assisted Homeownership Opportunity
Program</quote>, <quote>Housing for the Elderly</quote>, <quote>Housing for
Persons With Disabilities</quote>, <quote>Housing Counseling
Assistance</quote>, <quote>Payment to Manufactured Housing Fees Trust
Fund</quote>, <quote>Mutual Mortgage Insurance Program Account</quote>,
<quote>General and Special Risk Program Account</quote>, <quote>Research and
Technology</quote>, <quote>Lead Hazard Reduction</quote>, <quote>Rental Housing
Assistance</quote>, and <quote>Fair Housing Activities</quote>:
<proviso><italic>Provided</italic></proviso>, That of the amounts made
available under this paragraph, not less than
$100,000,000 shall be available for information
technology modernization, including development and deployment of a Next
Generation of Voucher Management System and development and deployment of
modernized Federal Housing Administration systems:
<proviso><italic>Provided further</italic></proviso>, That not more
than 25 percent of the funds made available for information technology
modernization may be obligated until the Secretary submits to the Committees on
Appropriations a plan for expenditure that (1) identifies for each
modernization project (a) the functional and performance capabilities to be
delivered and the mission benefits to be realized, (b) the estimated lifecycle
cost, and (c) key milestones to be met; (2) demonstrates that each
modernization project is (a) compliant with the department's enterprise
architecture, (b) being managed in accordance with applicable lifecycle
management policies and guidance, (c) subject to the department's capital
planning and investment control requirements, and (d) supported by an
adequately staffed project office; and (3) has been reviewed by the Government
Accountability Office:
<proviso><italic>Provided further</italic></proviso>, That of the
amounts made available under this paragraph, not less than
$40,000,000 shall be available for technical
assistance and capacity building:
<proviso><italic>Provided further</italic></proviso>, That technical
assistance activities shall include, technical assistance for HUD programs,
including HOME, Community Development Block Grant, homeless programs, HOPE VI,
Choice Neighborhoods, Public Housing, the Housing Choice Voucher Program, Fair
Housing Initiative Program, Housing Counseling, Health Homes, Sustainable
Communities, Energy Innovation Fund and other technical assistance as
determined by the Secretary:
<proviso><italic>Provided further</italic></proviso>, That of the
amounts made available for research, evaluation and program metrics and program
demonstrations, the Secretary shall include an assessment of the housing needs
of Native Americans:
<proviso><italic>Provided further</italic></proviso>, That of the
amounts made available for research, evaluation and program metrics and program
demonstrations, the Secretary shall include planning, demonstrations, or
evaluations related to pre-purchase housing counseling and the Moving-to-Work
demonstration program:
<proviso><italic>Provided further</italic></proviso>, That the
Secretary shall submit a plan to the House and Senate Committees on
Appropriations for approval detailing how the funding provided under this
heading will be allocated to each of the four categories identified under this
heading and for what projects or activities funding will be used:
<proviso><italic>Provided further</italic></proviso>, That following
the initial approval of this plan, the Secretary may amend the plan with the
approval of the House and Senate Committees on Appropriations.
<added-phrase committee-id="SSAP00" reported-display-style="italic"></added-phrase></text>
</appropriations-small><appropriations-intermediate id="HBFEAC65AD8B1441FA0CD59AB4DAACC32"><header>General provisions—Department of
housing and urban development</header>
</appropriations-intermediate><appropriations-small id="H8AEEF0E432374EF483E9B2590BACC2F3"><header>(including
<added-phrase committee-id="SSAP00" reported-display-style="italic"></added-phrase>rescission<added-phrase committee-id="SSAP00" reported-display-style="italic"></added-phrase> of
funds)</header>
</appropriations-small><section id="ID1C4F31CE94F24FF499ED8F73BFFF27EC"><enum>201.</enum><text>Fifty percent of the
amounts of budget authority, or in lieu thereof 50 percent of the cash amounts
associated with such budget authority, that are recaptured from projects
described in section 1012(a) of the Stewart B. McKinney Homeless Assistance
Amendments Act of 1988 (42 U.S.C. 1437 note) shall be rescission or in the case
of cash, shall be remitted to the Treasury, and such amounts of budget
authority or cash recaptured and not rescission or remitted to the Treasury
shall be used by State housing finance agencies or local governments or local
housing agencies with projects approved by the Secretary of Housing and Urban
Development for which settlement occurred after January 1, 1992, in accordance
with such section. Notwithstanding the previous sentence, the Secretary may
award up to 15 percent of the budget authority or cash recaptured and not
rescission or remitted to the Treasury to provide project owners with
incentives to refinance their project at a lower interest rate.</text>
</section><section id="ID7B5F50157CBD4A1288B3CC6B8EFA27D6"><enum>202.</enum><text>None of the amounts made
available under this Act may be used during fiscal year 2010 to investigate or
prosecute under the Fair Housing Act any otherwise lawful activity engaged in
by one or more persons, including the filing or maintaining of a non-frivolous
legal action, that is engaged in solely for the purpose of achieving or
preventing action by a Government official or entity, or a court of competent
jurisdiction.</text>
</section><section id="H3B14F8E129D149138958C3B63A3A38FD"><enum>203.</enum><subsection commented="no" display-inline="yes-display-inline" id="H37F6E614B5844311B3DA277E09C6683A"><enum>(a)</enum><text>Notwithstanding section
854(c)(1)(A) of the AIDS Housing Opportunity Act (42 U.S.C. 12903(c)(1)(A)),
from any amounts made available under this title for fiscal year 2010 that are
allocated under such section, the Secretary of Housing and Urban Development
shall allocate and make a grant, in the amount determined under subsection (b),
for any State that—</text>
<paragraph changed="added" id="HE73DCBC0C0664C6AB83D1C658CF493B5" reported-display-style="italic"><enum>(1)</enum><text>received an allocation in
a prior fiscal year under clause (ii) of such section; and</text>
</paragraph><paragraph changed="added" id="H01898925707E40D184AA8D9148FD57C8" reported-display-style="italic"><enum>(2)</enum><text>is not otherwise eligible
for an allocation for fiscal year 2010 under such clause (ii) because the areas
in the State outside of the metropolitan statistical areas that qualify under
clause (I) in fiscal year 2010 do not have the number of cases of acquired
immunodeficiency syndrome (AIDS) required under such clause.</text>
</paragraph></subsection><subsection changed="added" id="HB7BF27128B9F4B2CB08453BA93BEF3C8" reported-display-style="italic"><enum>(b)</enum><text>The amount of the
allocation and grant for any State described in subsection (a) shall be an
amount based on the cumulative number of AIDS cases in the areas of that State
that are outside of metropolitan statistical areas that qualify under clause
(I) of such section 854(c)(1)(A) in fiscal year 2010, in proportion to AIDS
cases among cities and States that qualify under clauses (I) and (ii) of such
section and States deemed eligible under subsection (a).</text>
</subsection><subsection changed="added" id="HD6E740A8F4BE46E5985E7F61F5519D05" reported-display-style="italic"><enum>(c)</enum><text>Notwithstanding any other
provision of law, the amount allocated for fiscal year 2010 under section
854(c) of the AIDS Housing Opportunity Act (42 U.S.C. 12903(c)), to the City of
New York, New York, on behalf of the New York-Wayne-White Plains, New York-New
Jersey Metropolitan Division (hereafter <quote>metropolitan division</quote>)
of the New York-Newark-Edison, NY-NJ-PA Metropolitan Statistical Area, shall be
adjusted by the Secretary of Housing and Urban Development by: (1) allocating
to the City of Jersey City, New Jersey, the proportion of the metropolitan
area's or division's amount that is based on the number of cases of AIDS
reported in the portion of the metropolitan area or division that is located in
Hudson County, New Jersey, and adjusting for the proportion of the metropolitan
division's high incidence bonus if this area in New Jersey also has a higher
than average per capita incidence of AIDS; and (2) allocating to the City of
Paterson, New Jersey, the proportion of the metropolitan area's or division's
amount that is based on the number of cases of AIDS reported in the portion of
the metropolitan area or division that is located in Bergen County and Passaic
County, New Jersey, and adjusting for the proportion of the metropolitan
division's high incidence bonus if this area in New Jersey also has a higher
than average per capita incidence of AIDS. The recipient cities shall use
amounts allocated under this subsection to carry out eligible activities under
section 855 of the AIDS Housing Opportunity Act (42 U.S.C. 12904) in their
respective portions of the metropolitan division that is located in New
Jersey.</text>
</subsection><subsection changed="added" id="H66433C94D9D74C268260F46E83ACBB5B" reported-display-style="italic"><enum>(d)</enum><text>Notwithstanding any other
provision of law, the amount allocated for fiscal year
<added-phrase committee-id="SSAP00" reported-display-style="italic"></added-phrase>2010<added-phrase committee-id="SSAP00" reported-display-style="italic"></added-phrase> under
section 854(c) of the AIDS Housing Opportunity Act (42 U.S.C. 12903(c)) to
areas with a higher than average per capita incidence of AIDS, shall be
adjusted by the Secretary on the basis of area incidence reported over a 3 year
period.</text>
</subsection></section><section id="ID067DE28F288B48BD9EC6FC69DFD15203"><enum>204.</enum><text>Except as explicitly
provided in law, any grant, cooperative agreement or other assistance made
pursuant to title II of this Act shall be made on a competitive basis and in
accordance with section 102 of the Department of Housing and Urban Development
Reform Act of 1989 (42 U.S.C. 3545).</text>
</section><section id="ID5DAE698168EC49CBB82D50BC038FDF94"><enum>205.</enum><text>Funds of the Department
of Housing and Urban Development subject to the Government Corporation Control
Act or section 402 of the Housing Act of 1950 shall be available, without
regard to the limitations on administrative expenses, for legal services on a
contract or fee basis, and for utilizing and making payment for services and
facilities of the Federal National Mortgage Association, Government National
Mortgage Association, Federal Home Loan Mortgage Corporation, Federal Financing
Bank, Federal Reserve banks or any member thereof, Federal Home Loan banks, and
any insured bank within the meaning of the Federal Deposit Insurance
Corporation Act, as amended (12 U.S.C. 1811—1).</text>
</section><section id="IDAD7607B30B8441DF90312D0114891A51"><enum>206.</enum><text>Unless otherwise
provided for in this Act or through a reprogramming of funds, no part of any
appropriation for the Department of Housing and Urban Development shall be
available for any program, project or activity in excess of amounts set forth
in the budget estimates submitted to Congress.</text>
</section><section id="ID645F70C12C1241CBAE9CB340DF584399"><enum>207.</enum><text>Corporations and
agencies of the Department of Housing and Urban Development which are subject
to the Government Corporation Control Act, are hereby authorized to make such
expenditures, within the limits of funds and borrowing authority available to
each such corporation or agency and in accordance with law, and to make such
contracts and commitments without regard to fiscal year limitations as provided
by section 104 of such Act as may be necessary in carrying out the programs set
forth in the budget for 2010 for such corporation or agency except as
hereinafter provided: <italic>Provided</italic>, That collections of these
corporations and agencies may be used for new loan or mortgage purchase
commitments only to the extent expressly provided for in this Act (unless such
loans are in support of other forms of assistance provided for in this or prior
appropriations Acts), except that this proviso shall not apply to the mortgage
insurance or guaranty operations of these corporations, or where loans or
mortgage purchases are necessary to protect the financial interest of the
United States Government.</text>
</section><section id="IDC6183076C047457BA37579F523F023E6"><enum>208.</enum><text>The Secretary of Housing
and Urban Development shall provide quarterly reports to the House and Senate
Committees on Appropriations regarding all uncommitted, unobligated, recaptured
and excess funds in each program and activity within the jurisdiction of the
Department and shall submit additional, updated budget information to these
Committees upon request.</text>
</section><section id="HBA2F32825B9E4827A86BCB495D3F04CF"><enum>209.</enum><subsection commented="no" display-inline="yes-display-inline" id="H84736F8DDD264B54B96C3DF22EE3F165"><enum>(a)</enum><text>Notwithstanding any
other provision of law, the amount allocated for fiscal year
<added-phrase committee-id="SSAP00" reported-display-style="italic"></added-phrase>2010<added-phrase committee-id="SSAP00" reported-display-style="italic"></added-phrase> under
section 854(c) of the AIDS Housing Opportunity Act (42 U.S.C. 12903(c)), to the
City of Wilmington, Delaware, on behalf of the Wilmington,
Delaware-Maryland-New Jersey Metropolitan Division (hereafter
<quote>metropolitan division</quote>), shall be adjusted by the Secretary of
Housing and Urban Development by allocating to the State of New Jersey the
proportion of the metropolitan division's amount that is based on the number of
cases of AIDS reported in the portion of the metropolitan division that is
located in New Jersey, and adjusting for the proportion of the metropolitan
division's high incidence bonus if this area in New Jersey also has a higher
than average per capita incidence of AIDS. The State of New Jersey shall use
amounts allocated to the State under this subsection to carry out eligible
activities under section 855 of the AIDS Housing Opportunity Act (42 U.S.C.
12904) in the portion of the metropolitan division that is located in New
Jersey.</text>
</subsection><subsection changed="added" id="H1CC4FCB354084E7E92E912D01CF7786E" reported-display-style="italic"><enum>(b)</enum><text>Notwithstanding any other
provision of law, the Secretary of Housing and Urban Development shall allocate
to Wake County, North Carolina, the amounts that otherwise would be allocated
for fiscal year
<added-phrase committee-id="SSAP00" reported-display-style="italic"></added-phrase>2010<added-phrase committee-id="SSAP00" reported-display-style="italic"></added-phrase> under
section 854(c) of the AIDS Housing Opportunity Act (42 U.S.C. 12903(c)) to the
City of Raleigh, North Carolina, on behalf of the Raleigh-Cary, North Carolina
Metropolitan Statistical Area. Any amounts allocated to Wake County shall be
used to carry out eligible activities under section 855 of such Act (42 U.S.C.
12904) within such metropolitan statistical area.</text>
</subsection><subsection changed="added" id="H1F3C9E605AD54BE0A0C327B73FCC3854" reported-display-style="italic"><enum>(c)</enum><text>Notwithstanding section
854(c) of the AIDS Housing Opportunity Act (42 U.S.C. 12903(c)), the Secretary
of Housing and Urban Development may adjust the allocation of the amounts that
otherwise would be allocated for fiscal year 2010 under section 854(c) of such
Act, upon the written request of an applicant, in conjunction with the
State(s), for a formula allocation on behalf of a metropolitan statistical
area, to designate the State or States in which the metropolitan statistical
area is located as the eligible grantee(s) of the allocation. In the case that
a metropolitan statistical area involves more than one State, such amounts
allocated to each State shall be in proportion to the number of cases of AIDS
reported in the portion of the metropolitan statistical area located in that
State. Any amounts allocated to a State under this section shall be used to
carry out eligible activities within the portion of the metropolitan
statistical area located in that State.</text>
</subsection></section><section id="ID9525D69E59BE415F8686C463EE58A2B8"><enum>210.</enum><text>The President's formal
budget request for fiscal year 2011, as well as the Department of Housing and
Urban Development's congressional budget justifications to be submitted to the
Committees on Appropriations of the House of Representatives and the Senate,
shall use the identical account and sub-account structure provided under this
Act.</text>
</section><section id="HE6834FB55905441087B0B12F4DA97E0D"><enum>211.</enum><text>A public housing agency
or such other entity that administers Federal housing assistance for the
Housing Authority of the county of Los Angeles, California, the States of
Alaska, Iowa, and Mississippi shall not be required to include a resident of
public housing or a recipient of assistance provided under section 8 of the
United States Housing Act of 1937 on the board of directors or a similar
governing board of such agency or entity as required under section (2)(b) of
such Act. Each public housing agency or other entity that administers Federal
housing assistance under section 8 for the Housing Authority of the county of
Los Angeles, California and the States of Alaska, Iowa and Mississippi that
chooses not to include a resident of Public Housing or a recipient of section 8
assistance on the board of directors or a similar governing board shall
establish an advisory board of not less than six residents of public housing or
recipients of section 8 assistance to provide advice and comment to the public
housing agency or other administering entity on issues related to public
housing and section 8. Such advisory board shall meet not less than
quarterly.</text>
</section><section id="IDDAA3076C913A4CBF80DF3AF106D7FBE7"><enum>212.</enum><subsection commented="no" display-inline="yes-display-inline" id="ID38D15F4A38C64F739E803BBF3E1F4FDB"><enum>(a)</enum><text>Notwithstanding any
other provision of law, subject to the conditions listed in subsection (b), for
fiscal years 2009 and 2010, the Secretary of Housing and Urban Development may
authorize the transfer of some or all project-based assistance, debt and
statutorily required low-income and very low-income use restrictions,
associated with one or more multifamily housing project to another multifamily
housing project or projects.</text>
</subsection><subsection changed="added" id="ID6618920D22D34EAEA81CB0A6B7725001" reported-display-style="italic"><enum>(b)</enum><text>The transfer authorized
in subsection (a) is subject to the following conditions:</text>
<paragraph id="H6F53CE7EA68D4404BF31E5407BCDF459"><enum>(1)</enum><text>The number of low-income
and very low-income units and the net dollar amount of Federal assistance
provided by the transferring project shall remain the same in the receiving
project or projects.</text>
</paragraph><paragraph id="H92F4567F48414F5C9E4AE40748BD1642"><enum>(2)</enum><text>The transferring project
shall, as determined by the Secretary, be either physically obsolete or
economically non-viable.</text>
</paragraph><paragraph id="H360842E155BD4F498478D6AF35686AC0"><enum>(3)</enum><text>The receiving project or
projects shall meet or exceed applicable physical standards established by the
Secretary.</text>
</paragraph><paragraph id="H4C8662D8661C48DFA5274CF15BE234B6"><enum>(4)</enum><text>The owner or mortgagor of
the transferring project shall notify and consult with the tenants residing in
the transferring project and provide a certification of approval by all
appropriate local governmental officials.</text>
</paragraph><paragraph id="H7575C8D0B91D4476AC5C0123FAE75AF3"><enum>(5)</enum><text>The tenants of the
transferring project who remain eligible for assistance to be provided by the
receiving project or projects shall not be required to vacate their units in
the transferring project or projects until new units in the receiving project
are available for occupancy.</text>
</paragraph><paragraph id="H4ECFF61E62E14D0FB375F15FEC032486"><enum>(6)</enum><text>The Secretary determines
that this transfer is in the best interest of the tenants.</text>
</paragraph><paragraph id="H0DA3B62C98C648089364ADF73A7D927F"><enum>(7)</enum><text>If either the
transferring project or the receiving project or projects meets the condition
specified in subsection (c)(2)(A), any lien on the receiving project resulting
from additional financing obtained by the owner shall be subordinate to any
FHA-insured mortgage lien transferred to, or placed on, such project by the
Secretary.</text>
</paragraph><paragraph id="HB38C3BB2899F44348D5F95D8EAD42022"><enum>(8)</enum><text>If the transferring
project meets the requirements of subsection (c)(2)(E), the owner or mortgagor
of the receiving project or projects shall execute and record either a
continuation of the existing use agreement or a new use agreement for the
project where, in either case, any use restrictions in such agreement are of no
lesser duration than the existing use restrictions.</text>
</paragraph><paragraph id="H9B53D8B49236459E80BC599495F6C46E"><enum>(9)</enum><text>Any financial risk to the
FHA General and Special Risk Insurance Fund, as determined by the Secretary,
would be reduced as a result of a transfer completed under this section.</text>
</paragraph><paragraph id="HBB460214B37F42979697F0524E0979CF"><enum>(10)</enum><text>The Secretary determines
that Federal liability with regard to this project will not be
increased.</text>
</paragraph></subsection><subsection changed="added" id="IDAB3BE644FC544F60A8B97C3288581F18" reported-display-style="italic"><enum>(c)</enum><text>For purposes of this
section—</text>
<paragraph id="H77CA7B39E9744821B6CA5FE6BBE3ACBF"><enum>(1)</enum><text>the terms
<quote>low-income</quote> and <quote>very low-income</quote> shall have the
meanings provided by the statute and/or regulations governing the program under
which the project is insured or assisted;</text>
</paragraph><paragraph id="H8A0177F18C4D47618B7AD193F263DF2F"><enum>(2)</enum><text>the term
<quote>multifamily housing project</quote> means housing that meets one of the
following conditions—</text>
<subparagraph id="HE58D0AF5215545F192E8EF70C7CA6FDB"><enum>(A)</enum><text>housing that is subject
to a mortgage insured under the National Housing Act;</text>
</subparagraph><subparagraph id="H7953129816944FC28B446E34085DA434"><enum>(B)</enum><text>housing that has
project-based assistance attached to the structure including projects
undergoing mark to market debt restructuring under the Multifamily Assisted
Housing Reform and Affordability Housing Act;</text>
</subparagraph><subparagraph id="HAC44D176F0274419AC689D28265123B7"><enum>(C)</enum><text>housing that is assisted
under section 202 of the Housing Act of 1959 as amended by section 801 of the
Cranston-Gonzales National Affordable Housing Act;</text>
</subparagraph><subparagraph id="H2DF1939604EE46419D52F1CA4AFB60E7"><enum>(D)</enum><text>housing that is assisted
under section 202 of the Housing Act of 1959, as such section existed before
the enactment of the Cranston-Gonzales National Affordable Housing Act;
or</text>
</subparagraph><subparagraph id="HD2639C1735114FFD85693B553DE51B2E"><enum>(E)</enum><text>housing or vacant land
that is subject to a use agreement;</text>
</subparagraph></paragraph><paragraph id="H66178CC7BDD44F0383BD7A17FD330E4B"><enum>(3)</enum><text>the term
<quote>project-based assistance</quote> means—</text>
<subparagraph id="HF18C024FC60E476BBD178EF84BBC9412"><enum>(A)</enum><text>assistance provided under
section 8(b) of the United States Housing Act of 1937;</text>
</subparagraph><subparagraph id="HCBFC7C2F7B56497098EAE3FD7C80CDBC"><enum>(B)</enum><text>assistance for housing
constructed or substantially rehabilitated pursuant to assistance provided
under section 8(b)(2) of such Act (as such section existed immediately before
October 1, 1983);</text>
</subparagraph><subparagraph id="H2443B3B5B7884032845D7E530EBCD7AB"><enum>(C)</enum><text>rent supplement payments
under section 101 of the Housing and Urban Development Act of 1965;</text>
</subparagraph><subparagraph id="H2040DD71E2BB43B2B4CF3EA8BE4C9EE4"><enum>(D)</enum><text>interest reduction
payments under section 236 and/or additional assistance payments under section
236(f)(2) of the National Housing Act; and</text>
</subparagraph><subparagraph id="H103A193FFD9642A7867F15EADC060908"><enum>(E)</enum><text>assistance payments made
under section 202(c)(2) of the Housing Act of 1959;</text>
</subparagraph></paragraph><paragraph id="HB03009211EA845FB81DB15657FFEA0FC"><enum>(4)</enum><text>the term <quote>receiving
project or projects</quote> means the multifamily housing project or projects
to which some or all of the project-based assistance, debt, and statutorily
required use low-income and very low-income restrictions are to be
transferred;</text>
</paragraph><paragraph id="H52E365CBD6BC4B1B9C663CA5841213E0"><enum>(5)</enum><text>the term
<quote>transferring project</quote> means the multifamily housing project which
is transferring some or all of the project-based assistance, debt and the
statutorily required low-income and very low-income use restrictions to the
receiving project or projects; and</text>
</paragraph><paragraph id="H510ABBAC96DC47E5AF4997366EBDA7F0"><enum>(6)</enum><text>the term
<quote>Secretary</quote> means the Secretary of Housing and Urban
Development.</text>
</paragraph></subsection></section><section id="H62EC4C5E3C094478BA32AC991636B383"><enum>213.</enum><text>The funds made available
for Native Alaskans under the heading <quote>Native American Housing Block
Grants</quote> in title III of this Act shall be allocated to the same Native
Alaskan housing block grant recipients that received funds in fiscal year
2005.</text>
</section><section id="H6C74048A19154F368F7B35DD1ABD7A35"><enum>214.</enum><text>No funds provided under
this title may be used for an audit of the Government National Mortgage
Association that makes applicable requirements under the Federal Credit Reform
Act of 1990 (2 U.S.C. 661 et seq.).</text>
</section><section id="H2AF55EBC32AD492097E3E5EDBC15B714"><enum>215.</enum><subsection commented="no" display-inline="yes-display-inline" id="H5B8D87C8727148C4A146D21D08BB84DD"><enum>(a)</enum><text>No assistance shall be
provided under section 8 of the United States Housing Act of 1937 (42 U.S.C.
1437f) to any individual who—</text>
<paragraph changed="added" id="H1C431230A753403E99857379054238A2" reported-display-style="italic"><enum>(1)</enum><text>is enrolled as a student
at an institution of higher education (as defined under section 102 of the
Higher Education Act of 1965 (20 U.S.C. 1002));</text>
</paragraph><paragraph changed="added" id="H31EFA73EB86241248E4EF9CD2337A49D" reported-display-style="italic"><enum>(2)</enum><text>is under 24 years of
age;</text>
</paragraph><paragraph changed="added" id="H0D8E38AD26B44D50A7DC4A14D3A4A106" reported-display-style="italic"><enum>(3)</enum><text>is not a veteran;</text>
</paragraph><paragraph changed="added" id="H12B6B956A6A84FCCBC5E5C1CA43E8E0B" reported-display-style="italic"><enum>(4)</enum><text>is unmarried;</text>
</paragraph><paragraph changed="added" id="H7E59C5A0E57A47648FC57BF2772CABC2" reported-display-style="italic"><enum>(5)</enum><text>does not have a dependent
child;</text>
</paragraph><paragraph changed="added" id="HD9B6754E7BA3463BA91F9F372CBE3765" reported-display-style="italic"><enum>(6)</enum><text>is not a person with
disabilities, as such term is defined in section 3(b)(3)(E) of the United
States Housing Act of 1937 (42 U.S.C. 1437a(b)(3)(E)) and was not receiving
assistance under such section 8 as of November 30, 2005; and</text>
</paragraph><paragraph changed="added" id="H047D65A8A0C14239B5D5E1A0D1BB0689" reported-display-style="italic"><enum>(7)</enum><text>is not otherwise
individually eligible, or has parents who, individually or jointly, are not
eligible, to receive assistance under section 8 of the United States Housing
Act of 1937 (42 U.S.C. 1437f).</text>
</paragraph></subsection><subsection changed="added" id="H04AE3F0C602140DBB85FBF3D7730D9D0" reported-display-style="italic"><enum>(b)</enum><text>For purposes of
determining the eligibility of a person to receive assistance under section 8
of the United States Housing Act of 1937 (42 U.S.C. 1437f), any financial
assistance (in excess of amounts received for tuition) that an individual
receives under the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.), from
private sources, or an institution of higher education (as defined under the
Higher Education Act of 1965 (20 U.S.C. 1002)), shall be considered income to
that individual, except for a person over the age of 23 with dependent
children.</text>
</subsection></section><section id="H9F831FAAF4B64886905FC17EC11D5BDD"><enum>216.</enum><text>Notwithstanding the
limitation in the first sentence of section 255(g) of the National Housing Act
(12 U.S.C. 1715z–g)), the Secretary of Housing and Urban Development may, until
September 30, 2010, insure and enter into commitments to insure mortgages under
section 255(g) of the National Housing Act (12 U.S.C. 1715z–20).</text>
</section><section id="HC8FB5A22153546DCA0DE575A4F12F8FF"><enum>217.</enum><text>Notwithstanding any
other provision of law, in fiscal year 2010, in managing and disposing of any
multifamily property that is owned or has a mortgage held by the Secretary of
Housing and Urban Development, the Secretary shall maintain any rental
assistance payments under section 8 of the United States Housing Act of 1937
and other programs that are attached to any dwelling units in the property. To
the extent the Secretary determines, in consultation with the tenants and the
local government, that such a multifamily property owned or held by the
Secretary is not feasible for continued rental assistance payments under such
section 8 or other programs, based on consideration of (1) the costs of
rehabilitating and operating the property and all available Federal, State, and
local resources, including rent adjustments under section 524 of the
Multifamily Assisted Housing Reform and Affordability Act of 1997
(<quote>MAHRAA</quote>) and (2) environmental conditions that cannot be
remedied in a cost-effective fashion, the Secretary may, in consultation with
the tenants of that property, contract for project-based rental assistance
payments with an owner or owners of other existing housing properties, or
provide other rental assistance. The Secretary shall also take appropriate
steps to ensure that project-based contracts remain in effect prior to
foreclosure, subject to the exercise of contractual abatement remedies to
assist relocation of tenants for imminent major threats to health and safety.
After disposition of any multifamily property described under this section, the
contract and allowable rent levels on such properties shall be subject to the
requirements under section 524 of MAHRAA.</text>
</section><section id="HCD15A37569FC46A08881846DA8237C4B"><enum>218.</enum><text>The Secretary of Housing
and Urban Development shall report quarterly to the House of Representatives
and Senate Committees on Appropriations on HUD's use of all sole source
contracts, including terms of the contracts, cost, and a substantive rationale
for using a sole source contract.</text>
</section><section id="H6B5BE00DDAE64A709AC296D08DD9BFF6"><enum>219.</enum><text>Notwithstanding any
other provision of law, the recipient of a grant under section 202b of the
Housing Act of 1959 (12 U.S.C. 1701q) after December 26, 2000, in accordance
with the unnumbered paragraph at the end of section 202(b) of such Act, may, at
its option, establish a single-asset nonprofit entity to own the project and
may lend the grant funds to such entity, which may be a private nonprofit
organization described in section 831 of the American Homeownership and
Economic Opportunity Act of 2000.</text>
</section><section id="H975C5AEF2AB8451FAD97FE5A09057183"><enum>220.</enum><subsection commented="no" display-inline="yes-display-inline" id="H766A6F1C3DB145BE89A27D37681FE0C6"><enum>(a)</enum><text>The amounts provided
under the subheading <quote>Program Account</quote> under the heading
<quote>Community Development Loan Guarantees</quote> may be used to guarantee,
or make commitments to guarantee, notes, or other obligations issued by any
State on behalf of non-entitlement communities in the State in accordance with
the requirements of section 108 of the Housing and Community Development Act of
1974: <italic>Provided</italic>, That, any State receiving such a guarantee or
commitment shall distribute all funds subject to such guarantee to the units of
general local government in non-entitlement areas that received the
commitment.</text>
</subsection><subsection changed="added" id="HF4855661767F4DD6AC3145E5D68F26C6" reported-display-style="italic"><enum>(b)</enum><text>Not later than 60 days
after the date of enactment of this Act, the Secretary of Housing and Urban
Development shall promulgate regulations governing the administration of the
funds described under subsection (a).</text>
</subsection></section><section id="IDE052EB443CFB46128F25488DC721E3C1"><enum>221.</enum><text>Section 24 of the United
States Housing Act of 1937 (42 U.S.C. 1437v) is amended—</text>
<paragraph id="IDC17A0F46DF234A038931D7D932075E48"><enum>(1)</enum><text>in subsection (m)(1), by
striking <quote>2009</quote> and inserting <quote>2010</quote>; and</text>
</paragraph><paragraph id="ID95EC905C9EE142F48E9F64E893F120CD"><enum>(2)</enum><text>in subsection (o), by
striking <quote>September 30, 2009</quote> and inserting <quote>September 30,
2010</quote>.</text>
</paragraph></section><section id="ID15E3F79419654F9EA5F81B717D463B24"><enum>222.</enum><text>Public housing agencies
that own and operate 400 or fewer public housing units may elect to be exempt
from any asset management requirement imposed by the Secretary of Housing and
Urban Development in connection with the operating fund rule:
<italic>Provided</italic>, That an agency seeking a discontinuance of a
reduction of subsidy under the operating fund formula shall not be exempt from
asset management requirements.</text>
</section><section id="ID59E077D6521F4B3F809A8A645A91D999"><enum>223.</enum><text>With respect to the use
of amounts provided in this Act and in future Acts for the operation, capital
improvement and management of public housing as authorized by sections 9(d) and
9(e) of the United States Housing Act of 1937 (42 U.S.C. 1437g(d) and (e)), the
Secretary shall not impose any requirement or guideline relating to asset
management that restricts or limits in any way the use of capital funds for
central office costs pursuant to section 9(g)(1) or 9(g)(2) of the United
States Housing Act of 1937 (42 U.S.C. 1437g(g)(1), (2)):
<italic>Provided</italic>, That a public housing agency may not use capital
funds authorized under section 9(d) for activities that are eligible under
section 9(e) for assistance with amounts from the operating fund in excess of
the amounts permitted under section 9(g)(1) or 9(g)(2).</text>
</section><section id="H64A0098EA5F74D779DD2EAEFD0A8781E"><enum>224.</enum><text>The Secretary of Housing
and Urban Development shall report quarterly to the House of Representatives
and Senate Committees on Appropriations on the status of all section 8
project-based housing, including the number of all project-based units by
region as well as an analysis of all federally subsidized housing being
refinanced under the Mark-to-Market program. The Secretary shall in the report
identify all existing units maintained by region as section 8 project-based
units and all project-based units that have opted out of section 8 or have
otherwise been eliminated as section 8 project-based units. The Secretary shall
identify in detail and by project all the efforts made by the Department to
preserve all section 8 project-based housing units and all the reasons for any
units which opted out or otherwise were lost as section 8 project-based units.
Such analysis shall include a review of the impact of the loss of any
subsidized units in that housing marketplace, such as the impact of cost and
the loss of available subsidized, low-income housing in areas with scarce
housing resources for low-income families.</text>
</section><section id="H4649E92E251147CEA9611708F41ED9B7"><enum>225.</enum><text>No official or employee
of the Department of Housing and Urban Development shall be designated as an
allotment holder unless the Office of the Chief Financial Officer has
determined that such allotment holder has implemented an adequate system of
funds control and has received training in funds control procedures and
directives. The Chief Financial Officer shall ensure that, not later than 90
days after the date of enactment of this Act, a trained allotment holder shall
be designated for each HUD subaccount under the headings <quote>Executive
Direction</quote> and heading <quote>Administration, Operations, and
Management</quote> as well as each account receiving appropriations for
<quote>personnel compensation and benefits</quote> within the Department of
Housing and Urban Development.</text>
</section><section id="HD533A321C10048A2BBB2013DB9883873"><enum>226.</enum><text>Payment of attorney fees
in program-related litigation must be paid from individual program office
personnel benefits and compensation funding. The annual budget submission for
program office personnel benefit and compensation funding must include
program-related litigation costs for attorney fees as a separate line item
request.</text>
</section><section id="H0EA0862DB15D413EB9D66A24B7E17F71"><enum>227.</enum><text>The Secretary of the
Department of Housing and Urban Development shall for Fiscal Year 2010 and
subsequent fiscal years, notify the public through the Federal Register and
other means, as determined appropriate, of the issuance of a notice of the
availability of assistance or notice of funding availability (NOFA) for any
program or discretionary fund administered by the Secretary that is to be
competitively awarded. Notwithstanding any other provision of law, for Fiscal
Year 2010 and subsequent fiscal years, the Secretary may make the NOFA
available only on the Internet at the appropriate government website or
websites or through other electronic media, as determined by the
Secretary.</text>
<appropriations-small id="idE9565A6035EA4B77B333E2C89D476343"><header>Prepayment and
Refinancing</header>
</appropriations-small></section><section id="id569718012F9C417996B71F1D3BD46DB9"><enum>228.</enum><subsection commented="no" display-inline="yes-display-inline" id="idD6D6DF82CF42435EA0E3DEE0F3FE11B5"><enum>(a)</enum><header>Approval of
Prepayment of Debt</header><text>Upon request of the project sponsor of a
project assisted with a loan under section 202 of the Housing Act of 1959 (as
in effect before the enactment of the Cranston-Gonzalez National Affordable
Housing Act), for which the Secretary's consent to prepayment is required, the
Secretary shall approve the prepayment of any indebtedness to the Secretary
relating to any remaining principal and interest under the loan as part of a
prepayment plan under which—</text>
<paragraph changed="added" id="HA303C352A34643F389110D05BA6ADEBD" reported-display-style="italic"><enum>(1)</enum><text>the project sponsor
agrees to operate the project until the maturity date of the original loan
under terms at least as advantageous to existing and future tenants as the
terms required by the original loan agreement or any project-based rental
assistance payments contract under section 8 of the United States Housing Act
of 1937 (or any other project-based rental housing assistance programs of the
Department of Housing and Urban Development, including the rent supplement
program under section 101 of the Housing and Urban Development Act of 1965 (12
U.S.C. 1701s)) or any successor project-based rental assistance program, except
as provided by subsection (a)(2)(B); and</text>
</paragraph><paragraph changed="added" id="HF3F71BF1B22846B7A23D04ED58388CCC" reported-display-style="italic"><enum>(2)</enum><text>the prepayment may
involve refinancing of the loan if such refinancing results—</text>
<subparagraph id="HF17036992736481390D6B5161E5CEAA1"><enum>(A)</enum><text>in a lower interest rate
on the principal of the loan for the project and in reductions in debt service
related to such loan; or</text>
</subparagraph><subparagraph id="HB088DED012B5440B93A117EE62F5B18C"><enum>(B)</enum><text>in the case of a project
that is assisted with a loan under such section 202 carrying an interest rate
of 6 percent or lower, a transaction under which—</text>
<clause id="HF2EB673E473A4D7C82C1DA263F815B9E"><enum>(i)</enum><text>the project owner shall
address the physical needs of the project;</text>
</clause><clause id="HC02B8F7DF40E4802A81EA4B20AE4CC9F"><enum>(ii)</enum><text>the prepayment plan for
the transaction, including the refinancing, shall meet a cost benefit analysis,
as established by the Secretary, that the benefit of the transaction outweighs
the cost of the transaction including any increases in rent charged to
unassisted tenants;</text>
</clause><clause id="HF36DC7E8BF894E27B4898B257BB2BC16"><enum>(iii)</enum><text>the overall cost for
providing rental assistance under section 8 for the project (if any) is not
increased, except, upon approval by the Secretary to—</text>
<subclause id="H0D32073DD5124A6FAA673F3CCA60B860"><enum>(I)</enum><text>mark-up-to-market
contracts pursuant to section 524(a)(3) of the Multifamily Assisted Housing
Reform and Affordability Act (42 U.S.C. 1437f note), as such section is carried
out by the Secretary for properties owned by nonprofit organizations; or</text>
</subclause><subclause id="H8BEA30E839D848BAB5F1018CC736CFD6"><enum>(II)</enum><text>mark-up-to-budget
contracts pursuant to section 524(a)(4) of the Multifamily Assisted Housing
Reform and Affordability Act (42 U.S.C. 1437f note), as such section is carried
out by the Secretary for properties owned by eligible owners ( as such term is
defined in section 202(k) of the Housing Act of 1959 (12 U.S.C.
1701q(k));</text>
</subclause></clause><clause id="HD06C11B3CC0A48E1B0CE32A665074428"><enum>(iv)</enum><text>the project owner may
charge tenants rent sufficient to meet debt service payments and operating cost
requirements, as approved by the Secretary, if project-based rental assistance
is not available or is insufficient for the debt service and operating cost of
the project after refinancing. Such approval by the Secretary—</text>
<subclause id="H522200B8C1724A5E8929BDE4C8924AA5"><enum>(I)</enum><text>shall be the basis for
the owner to agree to terminate the project-based rental assistance contract
that is insufficient for the debt service and operating cost of the project
after refinancing; and</text>
</subclause><subclause id="HF92B7BA780A14B3BAF0866AC4FA151BE"><enum>(II)</enum><text>shall be an eligibility
event for the project for purposes of section 8(t) of the United States Housing
Act of 1937 (42 U.S.C. 1437f(t));</text>
</subclause></clause><clause id="HCA44375122DE41519330E8EDE88A04E3"><enum>(v)</enum><text>units to be occupied by
tenants assisted under section 8(t) of the United States Housing Act of 1937
(42 U.S.C. 1437f(t)) shall, upon termination of the occupancy of such tenants,
become eligible for project-based assistance under section 8(o)(13) of the
United States Housing Act of 1937 (42 U.S.C. 1437f(o)(13)) without regard to
the percentage limitations provided in such section; and</text>
</clause><clause id="H056BD1487A8E41928D7080FADA3F0158"><enum>(vi)</enum><text>there shall be a use
agreement of 20 years from the date of the maturity date of the original 202
loan for all units, including units to be occupied by tenants assisted under
section 8(t) of the United States Housing Act of 1937 (42 U.S.C.
1437f(t)).</text>
</clause></subparagraph></paragraph></subsection></section><appropriations-small id="idD21CE844721A4224AAF950BABD3139B1"><header>Use of Surplus Federal Property for the
Homeless</header>
</appropriations-small><section id="HD37427F80E364E1895FEE7AEA4F50047"><enum>229.</enum><text>No property identified
by the Secretary of Housing and Urban Development as surplus Federal property
for use to assist the homeless shall be made available to any homeless group
unless the group is a member in good standing under any of HUD's homeless
assistance programs or is in good standing with any other program which
receives funds from any other Federal or State agency or entity:
<italic>Provided</italic>, That an exception may be made for an entity not
involved with Federal homeless programs to use surplus Federal property for the
homeless only after the Secretary or another responsible Federal agency has
fully and comprehensively reviewed all relevant finances of the entity, the
track record of the entity in assisting the homeless, the ability of the entity
to manage the property, including all costs, the ability of the entity to
administer homeless programs in a manner that is effective to meet the needs of
the homeless population that is expected to use the property and any other
related issues that demonstrate a commitment to assist the homeless:
<italic>Provided further</italic>, That the Secretary shall not require the
entity to have cash in hand in order to demonstrate financial ability but may
rely on the entity's prior demonstrated fundraising ability or commitments for
in-kind donations of goods and services: <italic>Provided further</italic>,
That the Secretary shall make all such information and its decision regarding
the award of the surplus property available to the committees of jurisdiction,
including a full justification of the appropriateness of the use of the
property to assist the homeless as well as the appropriateness of the group
seeking to obtain the property to use such property to assist the homeless:
<italic>Provided further</italic>, That, this section shall apply to properties
in fiscal year 2009 and 2010 made available as surplus Federal property for use
to assist the homeless.</text>
</section><section id="ID3582C3B690A2471A8594BFC55656FE39"><enum>230.</enum><text>The Secretary of Housing
and Urban Development shall increase, pursuant to this section, the number of
Moving-to-Work agencies authorized under section 204, title II, of the
Departments of Veterans Affairs and Housing and Urban Development and
Independent Agencies Appropriations Act, 1996 (Public Law 104–134; 110 Stat.
1321) by adding to the program three Public Housing Agencies that meet the
following requirements: is a High Performing Agency under the Public Housing
Assessment System (PHAS). No PHA shall be granted this designation through this
section that administers in excess of 5,000 aggregate housing vouchers and
public housing units. No PHA granted this designation through this section
shall receive more funding
<added-phrase committee-id="SSAP00" reported-display-style="italic"></added-phrase>under sections 8 or 9 of the
United States Housing Act of 1937<added-phrase committee-id="SSAP00" reported-display-style="italic"></added-phrase> than they otherwise would have
received absent this designation.
<added-phrase committee-id="SSAP00" reported-display-style="italic"></added-phrase>In addition to other reporting
requirements, all Moving-to-Work agencies shall report financial data to the
Department of Housing and Urban Development as specified by the Secretary, so
that the effect of Moving-to-Work policy changes can be measured.<added-phrase committee-id="SSAP00" reported-display-style="italic"></added-phrase></text>
</section><section id="ID7123B7C39DDC48CC9F7D29E2A42A2FE6"><enum>231.</enum><text>Notwithstanding any
other provision of law, in determining the market value of any multifamily real
property or multifamily loan for any noncompetitive sale to a State or local
government, the Secretary shall in fiscal year 2010 consider, but not be
limited to, industry standard appraisal practices, including the cost of
repairs needed to bring the property into such condition as to satisfy minimum
State and local code standards and the cost of maintaining the affordability
restrictions imposed by the Secretary on the multifamily real property or
multifamily loan.</text>
</section><section id="ID1BDE27BFCA4A4E39BAF0EB1B48EED0A7"><enum>232.</enum><text>The Secretary of the
Department of Housing and Urban Development is authorized to transfer up to 5
percent of funds appropriated for any account under this title under the
heading <quote>Personnel Compensation and Benefits</quote> to any other account
under this title under the heading <quote>Personnel Compensation and
Benefits</quote> only after such transfer has been submitted to, and received
prior written approval by, the House and Senate Committees on Appropriations:
<italic>Provided</italic>, That, no appropriation for any such account shall be
increased or decreased by more than 10 percent by all such transfers.</text>
</section><section id="H5BD82DB90BAB41B6A11CE92EDC8127BC"><enum>233.</enum><text>The Disaster Housing
Assistance Programs, administered by the Department of Housing and Urban
Development, shall be considered a <quote>program of the Department of Housing
and Urban Development</quote> under section 904 of the McKinney Act for the
purpose of income verifications and matching.</text>
<appropriations-small id="H2A214B74030F41398786807719EC1905"><text display-inline="no-display-inline">This
title may be cited as the <quote><short-title>Department
of Housing and Urban Development Appropriations Act,
2010</short-title></quote>.</text>
</appropriations-small></section><enum>III</enum>
<appropriations-major id="idDF8C9F2BB3824A28A48AFCB171E7861C"><header>Related
agencies</header>
</appropriations-major><appropriations-intermediate id="H48D57BA833314B87A37592DCE6D203BE"><header>access
board</header>
</appropriations-intermediate><appropriations-small id="HCD800F6964F44FD8BD63FAD5BD069C03"><text display-inline="no-display-inline">For
expenses necessary for the Access Board, as authorized by section 502 of the
Rehabilitation Act of 1973, as amended,
$7,400,000: <italic>Provided</italic>, That,
notwithstanding any other provision of law, there may be credited to this
appropriation funds received for publications and training
expenses.</text>
</appropriations-small><appropriations-intermediate id="HCBF086631005468EB375BC17E03C2EF4"><header>Federal maritime
commission</header>
</appropriations-intermediate><appropriations-small id="HF02B15A5267F4EC280BC9F36C606FE8F"><header>Salaries and expenses</header><text display-inline="no-display-inline">For necessary expenses of the Federal
Maritime Commission as authorized by section 201(d) of the Merchant Marine Act,
1936, as amended (46 U.S.C. App. 1111), including services as authorized by 5
U.S.C. 3109; hire of passenger motor vehicles as authorized by 31 U.S.C.
1343(b); and uniforms or allowances therefore, as authorized by 5 U.S.C.
5901–5902, <added-phrase committee-id="SSAP00" reported-display-style="italic"></added-phrase>
$24,558,000<added-phrase committee-id="SSAP00" reported-display-style="italic"></added-phrase>: <italic>Provided</italic>,
That not to exceed $2,000 shall be available for
official reception and representation expenses.</text>
</appropriations-small><appropriations-intermediate id="id07FF877FCBEE483F86E218131D6DDA96"><header>National Railroad Passenger
Corporation</header>
</appropriations-intermediate><appropriations-small id="idE4A0EA5E23244989A47434D716BC2ACF"><header>OFFICE OF INSPECTOR
GENERAL</header>
</appropriations-small><appropriations-small id="id3DF1AC9A6A46495996391235B0E587BD"><header>salaries and
expenses</header>
<subsection commented="no" display-inline="no-display-inline" id="IDd103152d5d08434f8a9caf5fdaa8868c"><enum></enum><text>For necessary expenses of the Office of
Inspector General for the National Railroad Passenger Corporation to carry out
the provisions of the Inspector General Act of 1978, as amended,
$19,000,000:
<proviso><italic>Provided</italic></proviso>, That the Inspector
General shall have all necessary authority, in carrying out the duties
specified in the Inspector General Act, as amended (5 U.S.C. App. 3), to
investigate allegations of fraud, including false statements to the government
(18 U.S.C. 1001), by any person or entity that is subject to regulation by the
National Railroad Passenger Corporation:
<proviso><italic>Provided further</italic></proviso>, That the
Inspector General may enter into contracts and other arrangements for audits,
studies, analyses, and other services with public agencies and with private
persons, subject to the applicable laws and regulations that govern the
obtaining of such services within the National Railroad Passenger Corporation:
<proviso><italic>Provided further</italic></proviso>, That the
Inspector General may select, appoint, and employ such officers and employees
as may be necessary for carrying out the functions, powers, and duties of the
Office of Inspector General, subject to the applicable laws and regulations
that govern such selections, appointments, and employment within Amtrak:
<proviso><italic>Provided further</italic></proviso>, That concurrent
with the President’s budget request for fiscal year 2011, the Inspector General
shall submit to the House and Senate Committees on Appropriations a budget
request for fiscal year 2011 in similar format and substance to those submitted
by executive agencies of the Federal Government.</text>
</subsection></appropriations-small><appropriations-intermediate id="HB67D308D7A7540D79ED583DB273966DF"><header>National transportation safety
board</header>
</appropriations-intermediate><appropriations-small id="H8BFD940B166741C6A76E52277309F0DB"><header>Salaries and expenses</header><text display-inline="no-display-inline">For necessary expenses of the National
Transportation Safety Board, including hire of passenger motor vehicles and
aircraft; services as authorized by 5 U.S.C. 3109, but at rates for individuals
not to exceed the per diem rate equivalent to the rate for a GS–15; uniforms,
or allowances therefor, as authorized by law (5 U.S.C. 5901–5902)
$96,900,000, of which not to exceed
$2,000 may be used for official reception and
representation expenses:
<proviso><italic>Provided</italic></proviso>, That of funds provided
under this heading, $2,416,000 shall remain
available through September 30, 2011:
<proviso><italic>Provided further</italic></proviso>, That of the funds
provided, up to $100,000 shall be provided
through reimbursement to the Department of Transportation’s Office of Inspector
General to audit the National Transportation Safety Board’s financial
statements. The amounts made available to the National Transportation Safety
Board in this Act include amounts necessary to make lease payments due in
fiscal year 2010 only, on an obligation incurred in fiscal year 2001 for a
capital lease.</text>
</appropriations-small><appropriations-intermediate id="H59D9877F36F64CFEB0AF9E221FD68144"><header>Neighborhood reinvestment
corporation</header>
</appropriations-intermediate><appropriations-small id="HDD74E58E9F714784B3D2BE110E203C4C"><header>Payment to the neighborhood
reinvestment corporation</header><text display-inline="no-display-inline">For
payment to the Neighborhood Reinvestment Corporation for use in neighborhood
reinvestment activities, as authorized by the Neighborhood Reinvestment
Corporation Act (42 U.S.C. 8101–8107),
$133,000,000, of which
$5,000,000 shall be for a multi-family rental
housing program: <italic>Provided</italic>, That section 605(a) of the
Neighborhood Reinvestment Corporation Act (42 U.S.C. 8104) is amended by adding
at the end of the first sentence, prior to the period, <quote>, except that the
board-appointed officers may be paid salary at a rate not to exceed level II of
the Executive Schedule</quote>:
<proviso><italic>Provided further</italic></proviso>, That in addition,
$45,000,000 shall be made available until
expended for capital grants to build, rehabilitate or finance the creation of
affordable housing units, including necessary administrative expenses:
<italic>Provided further</italic>, That in addition,
$65,000,000 shall be made available until
expended to the Neighborhood Reinvestment Corporation for mortgage foreclosure
mitigation activities, under the following terms and
conditions:</text>
<paragraph id="H14B1135D3E1040B6AF4F1D51F0486466"><enum>(1)</enum><text>The Neighborhood
Reinvestment Corporation (<quote>NRC</quote>), shall make grants to counseling
intermediaries approved by the Department of Housing and Urban Development
(HUD) (with match to be determined by the NRC based on affordability and the
economic conditions of an area; a match also may be waived by the NRC based on
the aforementioned conditions) to provide mortgage foreclosure mitigation
assistance primarily to States and areas with high rates of defaults and
foreclosures to help eliminate the default and foreclosure of mortgages of
owner-occupied single-family homes that are at risk of such foreclosure. Other
than areas with high rates of defaults and foreclosures, grants may also be
provided to approved counseling intermediaries based on a geographic analysis
of the Nation by the NRC which determines where there is a prevalence of
mortgages that are risky and likely to fail, including any trends for mortgages
that are likely to default and face foreclosure. A State Housing Finance Agency
may also be eligible where the State Housing Finance Agency meets all the
requirements under this paragraph. A HUD-approved counseling intermediary shall
meet certain mortgage foreclosure mitigation assistance counseling
requirements, as determined by the NRC, and shall be approved by HUD or the NRC
as meeting these requirements.</text>
</paragraph><paragraph id="H1FFC6D812FCA45CD8D5453B65169DDBE"><enum>(2)</enum><text>Mortgage foreclosure
mitigation assistance shall only be made available to homeowners of
owner-occupied homes with mortgages in default or in danger of default. These
mortgages shall likely be subject to a foreclosure action and homeowners will
be provided such assistance that shall consist of activities that are likely to
prevent foreclosures and result in the long-term affordability of the mortgage
retained pursuant to such activity or another positive outcome for the
homeowner. No funds made available under this paragraph may be provided
directly to lenders or homeowners to discharge outstanding mortgage balances or
for any other direct debt reduction payments.</text>
</paragraph><paragraph id="H416A620B5CFF4C33B4B8AAA1219F6BC8"><enum>(3)</enum><text>The use of Mortgage
Foreclosure Mitigation Assistance by approved counseling intermediaries and
State Housing Finance Agencies shall involve a reasonable analysis of the
borrower's financial situation, an evaluation of the current value of the
property that is subject to the mortgage, counseling regarding the assumption
of the mortgage by another non-Federal party, counseling regarding the possible
purchase of the mortgage by a non-Federal third party, counseling and advice of
all likely restructuring and refinancing strategies or the approval of a
work-out strategy by all interested parties.</text>
</paragraph><paragraph id="H9D6AF75450984C2BB9EE064E7EDA47D5"><enum>(4)</enum><text>NRC may provide up to 15
percent of the total funds under this paragraph to its own charter members with
expertise in foreclosure prevention counseling, subject to a certification by
the NRC that the procedures for selection do not consist of any procedures or
activities that could be construed as an unacceptable conflict of interest or
have the appearance of impropriety.</text>
</paragraph><paragraph id="H02EBE08E81C941CBB5786D6B836B99CB"><enum>(5)</enum><text>HUD-approved counseling
entities and State Housing Finance Agencies receiving funds under this
paragraph shall have demonstrated experience in successfully working with
financial institutions as well as borrowers facing default, delinquency and
foreclosure as well as documented counseling capacity, outreach capacity, past
successful performance and positive outcomes with documented counseling plans
(including post mortgage foreclosure mitigation counseling), loan workout
agreements and loan modification agreements. NRC may use other criteria to
demonstrate capacity in underserved areas.</text>
</paragraph><paragraph id="H9DE20F4CDF004D63B57F8198CB8E4CD0"><enum>(6)</enum><text>Of the total amount made
available under this paragraph, up to $3,000,000
may be made available to build the mortgage foreclosure and default mitigation
counseling capacity of counseling intermediaries through NRC training courses
with HUD-approved counseling intermediaries and their partners, except that
private financial institutions that participate in NRC training shall pay
market rates for such training.</text>
</paragraph><paragraph id="H62D58051C5224BF887D3424D2AEE0F02"><enum>(7)</enum><text>Of the total amount made
available under this paragraph, up to 4 percent may be used for associated
administrative expenses for the NRC to carry out activities provided under this
section.</text>
</paragraph><paragraph id="H0C62CB689DC3479D9542B38C67D13EA3"><enum>(8)</enum><text>Mortgage foreclosure
mitigation assistance grants may include a budget for outreach and advertising,
and training, as determined by the NRC.</text>
</paragraph><paragraph id="HA206A7066A7E450085A098CEA6106446"><enum>(9)</enum><text>The NRC shall continue to
report bi-annually to the House and Senate Committees on Appropriations as well
as the Senate Banking Committee and House Financial Services Committee on its
efforts to mitigate mortgage default.</text>
</paragraph></appropriations-small><appropriations-intermediate id="H6BD16C833F45451C88C08D13EAC51A40"><header>United states interagency council on
homelessness</header>
</appropriations-intermediate><appropriations-small id="H86AB6B1FC4DE40D2B54CAD8FF31CC987"><header>Operating expenses</header><text display-inline="no-display-inline">For necessary expenses (including payment of
salaries, authorized travel, hire of passenger motor vehicles, the rental of
conference rooms, and the employment of experts and consultants under section
3109 of title 5, United States Code) of the United States Interagency Council
on Homelessness in carrying out the functions pursuant to title II of the
McKinney-Vento Homeless Assistance Act, as amended,
$2,680,000.</text>
</appropriations-small><enum>IV</enum>
<appropriations-major id="id3AF70BDF907C480D9B3B2F0C552D6A07"><header>General provisions—this
act</header>
</appropriations-major><section id="ID1B2872B919A542888A85369E306A465E"><enum>401.</enum><text>Such sums as may be
necessary for fiscal year 2010 pay raises for programs funded in this Act shall
be absorbed within the levels appropriated in this Act or previous
appropriations Acts.</text>
</section><section id="ID2D4A60DDB74E47589CCBAC74495B7291"><enum>402.</enum><text>None of the funds in
this Act shall be used for the planning or execution of any program to pay the
expenses of, or otherwise compensate, non-Federal parties intervening in
regulatory or adjudicatory proceedings funded in this Act.</text>
</section><section id="IDA22F13D14D4A4370A1C6AAD05A7F8735"><enum>403.</enum><text>None of the funds
appropriated in this Act shall remain available for obligation beyond the
current fiscal year, nor may any be transferred to other appropriations, unless
expressly so provided herein.</text>
</section><section id="IDC86DD2948C294D26A2C79C06D11BC0AA"><enum>404.</enum><text>The expenditure of any
appropriation under this Act for any consulting service through procurement
contract pursuant to section 3109 of title 5, United States Code, shall be
limited to those contracts where such expenditures are a matter of public
record and available for public inspection, except where otherwise provided
under existing law, or under existing Executive order issued pursuant to
existing law.</text>
</section><section id="ID19FEDAEA592A404F891750EF7DD426EA"><enum>405.</enum><text>Except as otherwise
provided in this Act, none of the funds provided in this Act, provided by
previous appropriations Acts to the agencies or entities funded in this Act
that remain available for obligation or expenditure in fiscal year 2010, or
provided from any accounts in the Treasury derived by the collection of fees
and available to the agencies funded by this Act, shall be available for
obligation or expenditure through a reprogramming of funds that: (1) creates a
new program; (2) eliminates a program, project, or activity; (3) increases
funds or personnel for any program, project, or activity for which funds have
been denied or restricted by the Congress; (4) proposes to use funds directed
for a specific activity by either the House or Senate Committees on
Appropriations for a different purpose; (5) augments existing programs,
projects, or activities in excess of $5,000,000
or 10 percent, whichever is less; (6) reduces existing programs, projects, or
activities by $5,000,000 or 10 percent,
whichever is less; or (7) creates, reorganizes, or restructures a branch,
division, office, bureau, board, commission, agency, administration, or
department different from the budget justifications submitted to the Committees
on Appropriations or the table accompanying the explanatory statement
accompanying this Act, whichever is more detailed, unless prior approval is
received from the House and Senate Committees on Appropriations:
<italic>Provided</italic>, That not later than 60 days after the date of
enactment of this Act, each agency funded by this Act shall submit a report to
the Committees on Appropriations of the Senate and of the House of
Representatives to establish the baseline for application of reprogramming and
transfer authorities for the current fiscal year: <italic>Provided
further</italic>, That the report shall include: (1) a table for each
appropriation with a separate column to display the President's budget request,
adjustments made by Congress, adjustments due to enacted rescissions, if
appropriate, and the fiscal year enacted level; (2) a delineation in the table
for each appropriation both by object class and program, project, and activity
as detailed in the budget appendix for the respective appropriation; and (3) an
identification of items of special congressional interest: <italic>Provided
further</italic>, That the amount appropriated or limited for salaries and
expenses for an agency shall be reduced by
$100,000 per day for each day after the required
date that the report has not been submitted to the Congress.</text>
</section><section id="ID375A7FA5F610490587D7BB0BEF86A2C7"><enum>406.</enum><text>Except as otherwise
specifically provided by law, not to exceed 50 percent of unobligated balances
remaining available at the end of fiscal year 2010 from appropriations made
available for salaries and expenses for fiscal year 2010 in this Act, shall
remain available through September 30, 2011, for each such account for the
purposes authorized: <italic>Provided</italic>, That a request shall be
submitted to the House and Senate Committees on Appropriations for approval
prior to the expenditure of such funds: <italic>Provided further</italic>, That
these requests shall be made in compliance with reprogramming guidelines under
section 405 of this Act.</text>
</section><section id="ID20089C13882B4874B820FF662658255B"><enum>407.</enum><text>All Federal agencies and
departments that are funded under this Act shall issue a report to the House
and Senate Committees on Appropriations on all sole source contracts by no
later than July 30, 2010. Such report shall include the contractor, the amount
of the contract and the rationale for using a sole source contract.</text>
</section><section id="H6FD35A95EA864DA9BC38790BF38785EE"><enum>408.</enum><subsection commented="no" display-inline="yes-display-inline" id="H714AC14F6FCD4CDEA87B8763DC55C739"><enum>(a)</enum><text>None of the funds made
available in this Act may be obligated or expended for any employee training
that—</text>
<paragraph changed="added" id="H8CCA8FA27B9E4B4DA5860E01212DAC6F" reported-display-style="italic"><enum>(1)</enum><text>does not meet identified
needs for knowledge, skills, and abilities bearing directly upon the
performance of official duties;</text>
</paragraph><paragraph changed="added" id="H5F630033AC9F489C890F59B86697B31F" reported-display-style="italic"><enum>(2)</enum><text>contains elements likely
to induce high levels of emotional response or psychological stress in some
participants;</text>
</paragraph><paragraph changed="added" id="H1EFB2EC060EE4E108583737BA0BA7510" reported-display-style="italic"><enum>(3)</enum><text>does not require prior
employee notification of the content and methods to be used in the training and
written end of course evaluation;</text>
</paragraph><paragraph changed="added" id="H429BB31FECB44402845C40664B7AA7EF" reported-display-style="italic"><enum>(4)</enum><text>contains any methods or
content associated with religious or quasi-religious belief systems or
<quote>new age</quote> belief systems as defined in Equal Employment
Opportunity Commission Notice N–915.022, dated September 2, 1988; or</text>
</paragraph><paragraph changed="added" id="H80EFAD91AA0340B5AA95C93F1620CFA4" reported-display-style="italic"><enum>(5)</enum><text>is offensive to, or
designed to change, participants' personal values or lifestyle outside the
workplace.</text>
</paragraph></subsection><subsection changed="added" id="H3E86FEA1533A4300B14AEAB2D149C1F7" reported-display-style="italic"><enum>(b)</enum><text>Nothing in this section
shall prohibit, restrict, or otherwise preclude an agency from conducting
training bearing directly upon the performance of official duties.</text>
</subsection></section><section id="ID7023747F89CC453E8C26E0BE5B61D684"><enum>409.</enum><text>No funds in this Act may
be used to support any Federal, State, or local projects that seek to use the
power of eminent domain, unless eminent domain is employed only for a public
use: <italic>Provided</italic>, That for purposes of this section, public use
shall not be construed to include economic development that primarily benefits
private entities: <italic>Provided further</italic>, That any use of funds for
mass transit, railroad, airport, seaport or highway projects as well as utility
projects which benefit or serve the general public (including energy-related,
communication-related, water-related and wastewater-related infrastructure),
other structures designated for use by the general public or which have other
common-carrier or public-utility functions that serve the general public and
are subject to regulation and oversight by the government, and projects for the
removal of an immediate threat to public health and safety or brownsfield as
defined in the Small Business Liability Relief and Brownsfield Revitalization
Act (Public Law 107–118) shall be considered a public use for purposes of
eminent domain.</text>
</section><section id="ID2BC26C48F33148EDB0ABC7B57AC5781E"><enum>410.</enum><text>None of the funds made
available in this Act may be transferred to any department, agency, or
instrumentality of the United States Government, except pursuant to a transfer
made by, or transfer authority provided in, this Act or any other
appropriations Act.</text>
</section><section id="ID2ADA21CDC782495CBE9DDE1BF1ABCFC9"><enum>411.</enum><text>No part of any
appropriation contained in this Act shall be available to pay the salary for
any person filling a position, other than a temporary position, formerly held
by an employee who has left to enter the Armed Forces of the United States and
has satisfactorily completed his period of active military or naval service,
and has within 90 days after his release from such service or from
hospitalization continuing after discharge for a period of not more than 1
year, made application for restoration to his former position and has been
certified by the Office of Personnel Management as still qualified to perform
the duties of his former position and has not been restored thereto.</text>
</section><section id="ID8374D25DAF88480BACB3F7BC642A3F56"><enum>412.</enum><text>No funds appropriated
pursuant to this Act may be expended by an entity unless the entity agrees that
in expending the assistance the entity will comply with sections 2 through 4 of
the Act of March 3, 1933 (41 U.S.C. 10a–10c, popularly known as the <quote>Buy
American Act</quote>).</text>
</section><section id="ID896376C5F71A4C728AD2D8A67A53AECD"><enum>413.</enum><text>No funds appropriated or
otherwise made available under this Act shall be made available to any person
or entity that has been convicted of violating the Buy American Act (41 U.S.C.
10a–10c).</text>
</section><section id="idAD99EDAE7A324C3B9B5B31C4D325F424"><enum>414.</enum><text display-inline="yes-display-inline">All departments, agencies or other Federal
entities funded under this Act shall notify the Senate and House of
Representatives Committees on Appropriations no later than 7 days before any
public or internet announcement by the Department or Administration regarding
any new program or activity, including any changes to existing or proposed
programs or activities.</text>
<appropriations-small commented="no" id="H574199AEF7B44155A61A23EF17601AEC"><text display-inline="no-display-inline">This Act may be cited as the
<quote><short-title>Transportation, Housing and Urban
Development, and Related Agencies Appropriations Act,
2010</short-title></quote>.</text>
</appropriations-small></section>
July 27, 2009
Received; read twice and referred to the Committee on
Appropriations
August 5, 2009
Reported with an amendment