[Congressional Record (Bound Edition), Volume 155 (2009), Part 16]
[Senate]
[Pages 21380-21403]
[From the U.S. Government Publishing Office, www.gpo.gov]




  TRANSPORTATION, HOUSING AND URBAN DEVELOPMENT, AND RELATED AGENCIES 
                        APPROPRIATIONS ACT, 2010

  The PRESIDING OFFICER. Under the previous order, the Senate will 
proceed to consideration of H.R. 3288, which the clerk will report by 
title.
  The assistant legislative clerk read as follows:

       A bill (H.R. 3288) making appropriations for the 
     Departments of Transportation, and Housing and Urban 
     Development, and related agencies for the fiscal year ending 
     September 30, 2010, and for other purposes.

  The Senate proceeded to consider the bill, which had been reported 
from the Committee on Appropriations, with an amendment to strike all 
after the enacting clause and insert in lieu thereof the following:

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

                                TITLE I

                      DEPARTMENT OF TRANSPORTATION

                        Office of the Secretary

                         salaries and expenses

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

[[Page 21381]]



                  national infrastructure investments

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

                      financial management capital

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

                         office of civil rights

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

           transportation planning, research, and development

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

                          working capital fund

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

               minority business resource center program

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

                       minority business outreach

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

                        payments to air carriers

                    (airport and airway trust fund)

                     (including transfer of funds)

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

  administrative provisions--office of the secretary of transportation

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

                    Federal Aviation Administration

                               operations

                    (airport and airway trust fund)

                     (including transfer of funds)

       For necessary expenses of the Federal Aviation 
     Administration, not otherwise provided for, including 
     operations and research activities related to commercial 
     space transportation, administrative expenses for research 
     and development, establishment of air navigation facilities, 
     the operation (including leasing) and maintenance of 
     aircraft, subsidizing the cost of aeronautical charts and 
     maps sold to the public, lease or purchase of passenger motor 
     vehicles for replacement only, in addition to amounts made 
     available by Public Law 108-176, $9,359,131,000, of which 
     $5,277,648,000 shall be derived from the Airport and Airway 
     Trust Fund, of which not to exceed $7,305,902,000 shall be 
     available for air traffic organization activities; not to 
     exceed $1,236,565,000 shall be available for aviation safety 
     activities; not to exceed $14,737,000 shall be available for 
     commercial space transportation activities; not to exceed 
     $113,681,000 shall be available for financial services 
     activities; not to exceed $100,428,000 shall be available for 
     human resources program activities; not to exceed 
     $341,977,000 shall be available for region and center 
     operations and regional coordination activities; not to 
     exceed $196,063,000 shall be available for staff offices; and 
     not to exceed $49,778,000 shall be available for information 
     services: Provided, That the Secretary utilize not less than 
     $18,500,000 of the funds provided for aviation safety 
     activities to pay for staff increases in the Office of 
     Aviation Flight Standards and the Office of Aircraft 
     Certification: Provided further, That none of the funds 
     provided for increases to the staffs of the aviation flight 
     standards and aircraft certification offices shall be used 
     for other purposes: Provided further, That not to exceed 2 
     percent of any budget activity, except for aviation safety 
     budget activity, may be transferred to any budget activity 
     under this heading: Provided further, That no transfer may 
     increase or decrease any appropriation by more than 2 
     percent: Provided further, That any transfer in excess of 2 
     percent shall be treated as a reprogramming of funds under 
     section 405 of this Act and shall not be available for 
     obligation or expenditure except in compliance with the 
     procedures set forth in that section: Provided further, That 
     not later than March 31 of each fiscal year hereafter, the 
     Administrator of the Federal Aviation Administration shall 
     transmit to Congress an annual update to the report submitted 
     to Congress in December 2004 pursuant to section 221 of 
     Public Law 108-176: Provided further, That the amount herein 
     appropriated shall be reduced by $100,000 for each day after 
     March 31 that such report has not been submitted to the 
     Congress: Provided further, That not later than March 31 of 
     each fiscal year hereafter, the Administrator shall transmit 
     to Congress a companion report that describes a comprehensive 
     strategy for staffing, hiring, and training flight standards 
     and aircraft certification staff in a format similar to the 
     one utilized for the controller staffing plan, including 
     stated attrition estimates and numerical hiring goals by 
     fiscal year: Provided further, That the amount herein 
     appropriated shall be reduced by $100,000 per day for each 
     day after March 31 that such report has not been submitted to 
     Congress:  Provided further, That funds may be used to enter 
     into a grant

[[Page 21382]]

     agreement with a nonprofit standard-setting organization to 
     assist in the development of aviation safety standards: 
     Provided further, That none of the funds in this Act shall be 
     available for new applicants for the second career training 
     program: Provided further, That none of the funds in this Act 
     shall be available for the Federal Aviation Administration to 
     finalize or implement any regulation that would promulgate 
     new aviation user fees not specifically authorized by law 
     after the date of the enactment of this Act: Provided 
     further, That there may be credited to this appropriation 
     funds received from States, counties, municipalities, foreign 
     authorities, other public authorities, and private sources, 
     for expenses incurred in the provision of agency services, 
     including receipts for the maintenance and operation of air 
     navigation facilities, and for issuance, renewal or 
     modification of certificates, including airman, aircraft, and 
     repair station certificates, or for tests related thereto, or 
     for processing major repair or alteration forms: Provided 
     further, That of the funds appropriated under this heading, 
     not less than $9,500,000 shall be for the contract tower 
     cost-sharing program: Provided further, That none of the 
     funds in this Act for aeronautical charting and cartography 
     are available for activities conducted by, or coordinated 
     through, the Working Capital Fund: Provided further, That not 
     to exceed $500,000 shall be paid from appropriations made 
     available by this Act and provided to the Department of 
     Transportation's Office of Inspector General through 
     reimbursement to conduct the annual audits of financial 
     statements in accordance with section 3521 of title 31, 
     United States Code, and $120,000 shall be paid from 
     appropriations made available by this Act and provided to 
     that office through reimbursement to conduct the annual 
     Enterprise Services Center Statement on Auditing Standards 70 
     audit.

                        facilities and equipment

                    (airport and airway trust fund)

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

                 research, engineering, and development

                    (airport and airway trust fund)

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

                       grants-in-aid for airports

                (liquidation of contract authorization)

                      (limitation on obligations)

                    (airport and airway trust fund)

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

                              (rescission)

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

       administrative provisions--federal aviation administration

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

                     Federal Highway Administration

                 limitation on administrative expenses

                     (including transfer of funds)

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

[[Page 21383]]

     the Appalachian Regional Commission in accordance with 
     section 104 of title 23, United States Code.

                          federal-aid highways

                      (limitation on obligations)

                          (highway trust fund)

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

                (liquidation of contract authorization)

                          (highway trust fund)

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

       administrative provisions--federal highway administration

       Sec. 120. (a) For fiscal year 2009, the Secretary of 
     Transportation shall--
       (1) not distribute from the obligation limitation for 
     Federal-aid highways amounts authorized for administrative 
     expenses and programs by section 104(a) of title 23, United 
     States Code; programs funded from the administrative takedown 
     authorized by section 104(a)(1) of title 23, United States 
     Code (as in effect on the date before the date of enactment 
     of the Safe, Accountable, Flexible, Efficient Transportation 
     Equity Act: A Legacy for Users); the highway use tax evasion 
     program; and the Bureau of Transportation Statistics;
       (2) not distribute an amount from the obligation limitation 
     for Federal-aid highways that is equal to the unobligated 
     balance of amounts made available from the Highway Trust Fund 
     (other than the Mass Transit Account) for Federal-aid 
     highways and highway safety programs for previous fiscal 
     years the funds for which are allocated by the Secretary;
       (3) determine the ratio that--
       (A) the obligation limitation for Federal-aid highways, 
     less the aggregate of amounts not distributed under 
     paragraphs (1) and (2), bears to
       (B) the total of the sums authorized to be appropriated for 
     Federal-aid highways and highway safety construction programs 
     (other than sums authorized to be appropriated for provisions 
     of law described in paragraphs (1) through (9) of subsection 
     (b) and sums authorized to be appropriated for section 105 of 
     title 23, United States Code, equal to the amount referred to 
     in subsection (b)(10) for such fiscal year), less the 
     aggregate of the amounts not distributed under paragraphs (1) 
     and (2) of this subsection;
       (4)(A) distribute the obligation limitation for Federal-aid 
     highways, less the aggregate amounts not distributed under 
     paragraphs (1) and (2), for sections 1301, 1302, and 1934 of 
     the Safe, Accountable, Flexible, Efficient Transportation 
     Equity Act: A Legacy for Users; sections 117 (but 
     individually for each project numbered 1 through 3676 listed 
     in the table contained in section 1702 of the Safe, 
     Accountable, Flexible, Efficient Transportation Equity Act: A 
     Legacy for Users) and section 144(g) of title 23, United 
     States Code; and section 14501 of title 40, United States 
     Code, so that the amount of obligation authority available 
     for each of such sections is equal to the amount determined 
     by multiplying the ratio determined under paragraph (3) by 
     the sums authorized to be appropriated for that section for 
     the fiscal year; and
       (B) distribute $2,000,000,000 for section 105 of title 23, 
     United States Code;
       (5) distribute the obligation limitation provided for 
     Federal-aid highways, less the aggregate amounts not 
     distributed under paragraphs (1) and (2) and amounts 
     distributed under paragraph (4), for each of the programs 
     that are allocated by the Secretary under the Safe, 
     Accountable, Flexible, Efficient Transportation Equity Act: A 
     Legacy for Users and title 23, United States Code (other than 
     to programs to which paragraphs (1) and (4) apply), by 
     multiplying the ratio determined under paragraph (3) by the 
     amounts authorized to be appropriated for each such program 
     for such fiscal year; and
       (6) distribute the obligation limitation provided for 
     Federal-aid highways, less the aggregate amounts not 
     distributed under paragraphs (1) and (2) and amounts 
     distributed under paragraphs (4) and (5), for Federal-aid 
     highways and highway safety construction programs (other than 
     the amounts apportioned for the equity bonus program, but 
     only to the extent that the amounts apportioned for the 
     equity bonus program for the fiscal year are greater than 
     $2,639,000,000, and the Appalachian development highway 
     system program) that are apportioned by the Secretary under 
     the Safe, Accountable, Flexible, Efficient Transportation 
     Equity Act: A Legacy for Users and title 23, United States 
     Code, in the ratio that--
       (A) amounts authorized to be appropriated for such programs 
     that are apportioned to each State for such fiscal year, bear 
     to
       (B) the total of the amounts authorized to be appropriated 
     for such programs that are apportioned to all States for such 
     fiscal year.
       (b) Exceptions From Obligation Limitation.--The obligation 
     limitation for Federal-aid highways shall not apply to 
     obligations: (1) under section 125 of title 23, United States 
     Code; (2) under section 147 of the Surface Transportation 
     Assistance Act of 1978; (3) under section 9 of the Federal-
     Aid Highway Act of 1981; (4) under subsections (b) and (j) of 
     section 131 of the Surface Transportation Assistance Act of 
     1982; (5) under subsections (b) and (c) of section 149 of the 
     Surface Transportation and Uniform Relocation Assistance Act 
     of 1987; (6) under sections 1103 through 1108 of the 
     Intermodal Surface Transportation Efficiency Act of 1991; (7) 
     under section 157 of title 23, United States Code, as in 
     effect on the day before the date of the enactment of the 
     Transportation Equity Act for the 21st Century; (8) under 
     section 105 of title 23, United States Code, as in effect for 
     fiscal years 1998 through 2004, but only in an amount equal 
     to $639,000,000 for each of those fiscal years; (9) for 
     Federal-aid highway programs for which obligation authority 
     was made available under the Transportation Equity Act for 
     the 21st Century or subsequent public laws for multiple years 
     or to remain available until used, but only to the extent 
     that the obligation authority has not lapsed or been used; 
     (10) under section 105 of title 23, United States Code, but 
     only in an amount equal to $639,000,000 for each of fiscal 
     years 2005 through 2010; and (11) under section 1603 of the 
     Safe, Accountable, Flexible, Efficient Transportation Equity 
     Act: A Legacy for Users, to the extent that funds obligated 
     in accordance with that section were not subject to a 
     limitation on obligations at the time at which the funds were 
     initially made available for obligation.
       (c) Redistribution of Unused Obligation Authority.--
     Notwithstanding subsection (a), the Secretary shall, after 
     August 1 of such fiscal year, revise a distribution of the 
     obligation limitation made available under subsection (a) if 
     the amount distributed cannot be obligated during that fiscal 
     year and redistribute sufficient amounts to those States able 
     to obligate amounts in addition to those previously 
     distributed during that fiscal year, giving priority to those 
     States having large unobligated balances of funds apportioned 
     under sections 104 and 144 of title 23, United States Code.
       (d) Applicability of Obligation Limitations to 
     Transportation Research Programs.--The obligation limitation 
     shall apply to transportation research programs carried out 
     under chapter 5 of title 23, United States Code, and title V 
     (research title) of the Safe, Accountable, Flexible, 
     Efficient Transportation Equity Act: A Legacy for Users, 
     except that obligation authority made available for such 
     programs under such limitation shall remain available for a 
     period of 3 fiscal years and shall be in addition to the 
     amount of any limitation imposed on obligations for Federal-
     aid highway and highway safety construction programs for 
     future fiscal years.
       (e) Redistribution of Certain Authorized Funds.--
       (1) In general.--Not later than 30 days after the date of 
     the distribution of obligation limitation under subsection 
     (a), the Secretary shall distribute to the States any funds 
     that--
       (A) are authorized to be appropriated for such fiscal year 
     for Federal-aid highways programs; and
       (B) the Secretary determines will not be allocated to the 
     States, and will not be available for obligation, in such 
     fiscal year due to the imposition of any obligation 
     limitation for such fiscal year.
       (2) Ratio.--Funds shall be distributed under paragraph (1) 
     in the same ratio as the distribution of obligation authority 
     under subsection (a)(6).
       (3) Availability.--Funds distributed under paragraph (1) 
     shall be available for any purposes described in section 
     133(b) of title 23, United States Code.
       (f) Special Limitation Characteristics.--Obligation 
     limitation distributed for a fiscal year under subsection 
     (a)(4) for the provision specified in subsection (a)(4) 
     shall--
       (1) remain available until used for obligation of funds for 
     that provision; and
       (2) be in addition to the amount of any limitation imposed 
     on obligations for Federal-aid highway and highway safety 
     construction programs for future fiscal years.
       (g) High Priority Project Flexibility.--
       (1) In general.--Subject to paragraph (2), obligation 
     authority distributed for such fiscal year under subsection 
     (a)(4) for each project numbered 1 through 3676 listed in the 
     table contained in section 1702 of the Safe, Accountable, 
     Flexible, Efficient Transportation Equity Act: A

[[Page 21384]]

     Legacy for Users may be obligated for any other project in 
     such section in the same State.
       (2) Restoration.--Obligation authority used as described in 
     paragraph (1) shall be restored to the original purpose on 
     the date on which obligation authority is distributed under 
     this section for the next fiscal year following obligation 
     under paragraph (1).
       (h) Limitation on Statutory Construction.--Nothing in this 
     section shall be construed to limit the distribution of 
     obligation authority under subsection (a)(4)(A) for each of 
     the individual projects numbered greater than 3676 listed in 
     the table contained in section 1702 of the Safe, Accountable, 
     Flexible, Efficient Transportation Equity Act: A Legacy for 
     Users.
       Sec. 121.  Notwithstanding 31 U.S.C. 3302, funds received 
     by the Bureau of Transportation Statistics from the sale of 
     data products, for necessary expenses incurred pursuant to 49 
     U.S.C. 111 may be credited to the Federal-aid highways 
     account for the purpose of reimbursing the Bureau for such 
     expenses: Provided, That such funds shall be subject to the 
     obligation limitation for Federal-aid highways and highway 
     safety construction.
       Sec. 122.  There is hereby appropriated to the Secretary of 
     Transportation $165,000,000 for surface transportation 
     priorities: Provided, That the amount provided by this 
     section shall be made available for the programs, projects 
     and activities identified under this section in the committee 
     report accompanying this Act: Provided further, That funds 
     provided by this section, at the request of a State, shall be 
     transferred by the Secretary to another Federal agency: 
     Provided further, That the Federal share payable on account 
     of any program, project, or activity carried out with funds 
     set aside by this section shall be 100 percent: Provided 
     further, That the sums set aside by this section shall remain 
     available until expended: Provided further, That none of the 
     funds set aside by this section shall be subject to any 
     limitation on obligations for Federal-aid highways and 
     highway safety construction programs set forth in this Act or 
     any other Act.
       Sec. 123.  There is hereby appropriated to the Secretary of 
     Transportation $1,400,000,000, to remain available through 
     September 30, 2012: Provided, That of the funds provided 
     under this section, $500,000,000 shall be made available to 
     pay subsidy and administrative costs under chapter 6 of title 
     23, United States Code: Provided further, That after making 
     the set-aside required under the preceding proviso, the funds 
     provided under this section shall be apportioned to the 
     States in the same ratio as the obligation limitation for 
     fiscal year 2010 is distributed among the States in section 
     120(a)(6) of this Act, and made available for the 
     restoration, repair, construction, and other activities 
     eligible under paragraph (b) of section 133 of title 23, 
     United States Code: Provided further, That funds apportioned 
     under this section shall be administered as if apportioned 
     under chapter 1 of title 23, United States Code: Provided 
     further, That the Federal share payable on account of any 
     project or activity carried out with funds apportioned under 
     this section shall be 80 percent: Provided further, That 
     funding provided under this section shall be in addition to 
     any and all funds provided for fiscal year 2010 in this or 
     any other Act for ``Federal-aid Highways'' and shall not 
     affect the distribution of funds provided for ``Federal-aid 
     Highways'' in any other Act: Provided further, That the 
     amounts made available under this section shall not be 
     subject to any limitation on obligations for Federal-aid 
     highways or highway safety construction programs set forth in 
     any Act: Provided further, That section 1101(b) of Public Law 
     109-59 shall apply to funds apportioned under this heading.
       Sec. 124.  Not less than 15 days prior to waiving, under 
     his or her statutory authority, any Buy America requirement 
     for Federal-aid highway projects, the Secretary of 
     Transportation shall make an informal public notice and 
     comment opportunity on the intent to issue such waiver and 
     the reasons therefor: Provided, That the Secretary shall 
     provide an annual report to the Appropriations Committees of 
     the Congress on any waivers granted under the Buy America 
     requirements.
       Sec. 125. (a) In General.--Except as provided in subsection 
     (b), none of the funds made available, limited, or otherwise 
     affected by this Act shall be used to approve or otherwise 
     authorize the imposition of any toll on any segment of 
     highway located on the Federal-aid system in the State of 
     Texas that--
       (1) as of the date of enactment of this Act, is not tolled;
       (2) is constructed with Federal assistance provided under 
     title 23, United States Code; and
       (3) is in actual operation as of the date of enactment of 
     this Act.
       (b) Exceptions.--
       (1) Number of toll lanes.--Subsection (a) shall not apply 
     to any segment of highway on the Federal-aid system described 
     in that subsection that, as of the date on which a toll is 
     imposed on the segment, will have the same number of non-toll 
     lanes as were in existence prior to that date.
       (2) High-occupancy vehicle lanes.--A high-occupancy vehicle 
     lane that is converted to a toll lane shall not be subject to 
     this section, and shall not be considered to be a non-toll 
     lane for purposes of determining whether a highway will have 
     fewer non-toll lanes than prior to the date of imposition of 
     the toll, if--
       (A) high-occupancy vehicles occupied by the number of 
     passengers specified by the entity operating the toll lane 
     may use the toll lane without paying a toll, unless otherwise 
     specified by the appropriate county, town, municipal or other 
     local government entity, or public toll road or transit 
     authority; or
       (B) each high-occupancy vehicle lane that was converted to 
     a toll lane was constructed as a temporary lane to be 
     replaced by a toll lane under a plan approved by the 
     appropriate county, town, municipal or other local government 
     entity, or public toll road or transit authority.
       Sec. 126.  Item 4866A in the table contained in section 
     1702 of the Safe, Accountable, Flexible, Efficient 
     Transportation Equity Act: A Legacy for Users (Public Law 
     109-59) is amended by striking ``Repair and restore'' and 
     inserting ``Removal of and enhancements around''.
       Sec. 127.  Item 3923 in the table contained in section 1702 
     of the Safe, Accountable, Flexible, Efficient Transportation 
     Equity Act: A Legacy for Users (Public Law 109-59) is amended 
     by striking ``to 4 lanes from I-10 to West U.S. 90''.
       Sec. 128.  Funds made available for ``Brentwood Boulevard/
     SR 4 Improvements, Brentwood, CA'' under section 129 of 
     Public Law 110-161 shall be made available for ``John Muir 
     Parkway Project, Brentwood, CA''.
       Sec. 129.  The table contained in section 1702 of the Safe, 
     Accountable, Flexible, Efficient Transportation Equity Act: A 
     Legacy for Users (119 Stat. 1256) is amended in item number 
     3138 by striking the project description and inserting 
     ``Elimination of highway-railway crossings and rehabilitation 
     of rail along the KO railroad to Osborne''.
       Sec. 130.  Funds made available for ``City of Tuscaloosa 
     Downtown Revitalization Project--University Blvd and 
     Greensboro Avenue, AL'' under section 125 of Public Law 111-8 
     shall be made available for ``City of Tuscaloosa Downtown 
     Revitalization Project--University Blvd''.
       Sec. 131.  The table contained in section 1702 of the Safe, 
     Accountable, Flexible, Efficient Transportation Equity Act: A 
     Legacy for Users (119 Stat. 1256) is amended by striking the 
     project description for item number 4573 and inserting the 
     following: ``Design and construct interchange on I-15 in 
     Mesquite''.

              Federal Motor Carrier Safety Administration

              motor carrier safety operations and programs

                (liquidation of contract authorization)

                      (limitation on obligations)

                          (highway trust fund)

       For payment of obligations incurred in the implementation, 
     execution and administration of motor carrier safety 
     operations and programs pursuant to section 31104(I) of title 
     49, United States Code, and sections 4127 and 4134 of Public 
     Law 109-59, $238,500,000, to be derived from the Highway 
     Trust Fund (other than the Mass Transit Account), together 
     with advances and reimbursements received by the Federal 
     Motor Carrier Safety Administration, the sum of which shall 
     remain available until expended: Provided, That none of the 
     funds derived from the Highway Trust Fund in this Act shall 
     be available for the implementation, execution or 
     administration of programs, the obligations for which are in 
     excess of $238,500,000, for ``Motor Carrier Safety Operations 
     and Programs'' of which $8,543,000, to remain available for 
     obligation until September 30, 2012, is for the research and 
     technology program and $1,000,000 shall be available for 
     commercial motor vehicle operator's grants to carry out 
     section 4134 of Public Law 109-59: Provided further, That an 
     additional $1,328,000 shall be appropriated from the General 
     Fund for the execution and administration of motor carrier 
     safety operations and programs: Provided further, That 
     notwithstanding any other provision of law, none of the funds 
     under this heading for outreach and education shall be 
     available for transfer: Provided further, That the Federal 
     Motor Carrier Safety Administration shall transmit to 
     Congress bi-annual reports on the agency's ability to meet 
     its requirement to conduct compliance reviews on high-risk 
     carriers.

                      motor carrier safety grants

                (liquidation of contract authorization)

                      (limitation on obligations)

                          (highway trust fund)

                         (including rescission)

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

[[Page 21385]]

     shall be available for the commercial driver's license 
     information system modernization program to carry out section 
     31309(e) of title 49, United States Code: Provided further, 
     That of the funds made available for the motor carrier safety 
     assistance program, $29,000,000 shall be available for audits 
     of new entrant motor carriers: Provided further, That 
     $1,530,000 in unobligated balances are permanently rescinded.

                          motor carrier safety

                          (highway trust fund)

                              (rescission)

       Of the amounts made available under this heading in prior 
     appropriations Acts, $3,400,000 in unobligated balances are 
     permanently rescinded.

                 national motor carrier safety program

                          (highway trust fund)

                              (rescission)

       Of the amounts made available under this heading in prior 
     appropriations Acts, $400,000 in unobligated balances are 
     permanently rescinded.

 administrative provision--federal motor carrier safety administration

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

             National Highway Traffic Safety Administration

                        operations and research

       For expenses necessary to discharge the functions of the 
     Secretary, with respect to traffic and highway safety under 
     subtitle C of title X of Public Law 109-59 and chapter 301 
     and part C of subtitle VI of title 49, United States Code, 
     $135,803,000, of which $31,670,000 shall remain available 
     through September 30, 2011: Provided, That none of the funds 
     appropriated by this Act may be obligated or expended to 
     plan, finalize, or implement any rulemaking to add to section 
     575.104 of title 49 of the Code of Federal Regulations any 
     requirement pertaining to a grading standard that is 
     different from the three grading standards (treadwear, 
     traction, and temperature resistance) already in effect.

                        operations and research

                (liquidation of contract authorization)

                      (limitation on obligations)

                          (highway trust fund)

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

                        national driver register

                (liquidation of contract authorization)

                      (limitation on obligations)

                          (highway trust fund)

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

                 national driver register modernization

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

                     highway traffic safety grants

                (liquidation of contract authorization)

                      (limitation on obligations)

                          (highway trust fund)

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

      administrative provisions--national highway traffic safety 
                             administration

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

                    Federal Railroad Administration

                         safety and operations

       For necessary expenses of the Federal Railroad 
     Administration, not otherwise provided for, $171,770,000, of 
     which $12,300,000 shall remain available until expended.

                   railroad research and development

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

       railroad rehabilitation and improvement financing program

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

              rail line relocation and improvement program

       For necessary expenses of carrying out section 20154 of 
     title 49, United States Code, $25,000,000, to remain 
     available until expended.

                   railroad safety technology program

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

    operating grants to the national railroad passenger corporation

       To enable the Secretary of Transportation to make quarterly 
     grants to the National Railroad Passenger Corporation for the 
     operation of intercity passenger rail, as authorized by 
     section 101 of the Passenger Rail Investment and Improvement 
     Act of 2008 (division B of Public Law 110-432), $553,348,000, 
     to remain available until expended: Provided, That the 
     Secretary shall not make the grants for the third and fourth 
     quarter of the fiscal year available to the Corporation until 
     an Inspector General who is a member of the Council of the 
     Inspectors General on Integrity and Efficiency determines 
     that the Corporation and the Corporation's Inspector General 
     have agreed upon a set of policies and

[[Page 21386]]

     procedures for interacting with each other that are 
     consistent with the letter and the spirit of the Inspector 
     General Act of 1978, as amended: Provided further, That 1 
     year after such determination is made, the Council of the 
     Inspectors General on Integrity and Efficiency shall appoint 
     another member to evaluate the current operational 
     independence of the Amtrak Inspector General: Provided 
     further, That the Corporation shall reimburse each Inspector 
     General for all costs incurred in conducting the 
     determination and the evaluation required by the preceding 
     two provisos: Provided further, That the amounts available 
     under this paragraph shall be available for the Secretary to 
     approve funding to cover operating losses for the Corporation 
     only after receiving and reviewing a grant request for each 
     specific train route: Provided further, That each such grant 
     request shall be accompanied by a detailed financial 
     analysis, revenue projection, and capital expenditure 
     projection justifying the Federal support to the Secretary's 
     satisfaction: Provided further, That not later than 60 days 
     after enactment of this Act, the Corporation shall transmit 
     to the Secretary, the Inspector General of the Department of 
     Transportation, and the House and Senate Committees on 
     Appropriations a plan to achieve savings through operating 
     efficiencies including, but not limited to, modifications to 
     food and beverage service and first class service: Provided 
     further, That the Inspector General of the Department of 
     Transportation shall provide semiannual reports to the House 
     and Senate Committees on Appropriations on the estimated 
     savings accrued as a result of all operational reforms 
     instituted by the Corporation: Provided further, That not 
     later than 60 days after enactment of this Act, the 
     Corporation shall transmit, in electronic format, to the 
     Secretary, the Inspector General of Department of 
     Transportation, the House and Senate Committees on 
     Appropriations, the House Committee on Transportation and 
     Infrastructure and the Senate Committee on Commerce, Science, 
     and Transportation the annual budget and business plan and 
     the 5-year financial plan for fiscal year 2010 required under 
     section 204 of the Passenger Rail Investment and Improvement 
     Act of 2008: Provided further, That the plan shall also 
     include a separate accounting of ridership, revenues, and 
     capital and operating expenses for the Northeast Corridor; 
     commuter service; long-distance Amtrak service; State-
     supported service; each intercity train route, including 
     Autotrain; and commercial activities including contract 
     operations: Provided further, That the business plan shall 
     include a description of the capital investments to be 
     funded, along with cost estimates and an estimated timetable 
     for completion of the projects covered by this business plan: 
     Provided further, That the Corporation shall provide 
     semiannual reports in electronic format regarding the pending 
     business plan, which shall describe the work completed to 
     date, any changes to the business plan, and the reasons for 
     such changes, and shall identify all sole source contract 
     awards which shall be accompanied by a justification as to 
     why said contract was awarded on a sole source basis: 
     Provided further, That the Corporation's business plan and 
     all subsequent supplemental plans shall be displayed on the 
     Corporation's website within a reasonable timeframe following 
     their submission to the appropriate entities: Provided 
     further, That none of the funds under this heading may be 
     obligated or expended until the Corporation agrees to 
     continue abiding by the provisions of paragraphs 1, 2, 5, 9, 
     and 11 of the summary of conditions for the direct loan 
     agreement of June 28, 2002, in the same manner as in effect 
     on the date of enactment of this Act: Provided further, That 
     concurrent with the President's budget request for fiscal 
     year 2011, the Corporation shall submit to the House and 
     Senate Committees on Appropriations a budget request for 
     fiscal year 2011 in similar format and substance to those 
     submitted by executive agencies of the Federal Government.

  capital and debt service grants to the national railroad passenger 
                              corporation

       To enable the Secretary of Transportation to make grants to 
     the National Railroad Passenger Corporation for capital 
     investments as authorized by section 101(c) of the Passenger 
     Rail Investment and Improvement Act of 2008 (division B of 
     Public Law 110-432), $1,001,625,000, to remain available 
     until expended, of which not to exceed $264,000,000 shall be 
     for debt service obligations as authorized by section 102 of 
     such Act: Provided, That of the funding provided under this 
     heading, not less than $144,000,000 shall be for bringing the 
     stations on the Corporation's rail system into compliance 
     with the Americans with Disabilities Act: Provided further, 
     That grants shall be provided to the Corporation only on a 
     reimbursable basis: Provided further, That the Secretary may 
     retain up to one-half of 1 percent of the funds provided 
     under this heading to fund the costs of project management 
     oversight of capital projects funded by grants provided under 
     this heading, as authorized by subsection 101(d) of division 
     B of Public Law 110-432: Provided further, That the Secretary 
     shall approve funding for capital expenditures, including 
     advance purchase orders of materials, for the Corporation 
     only after receiving and reviewing a request for each 
     specific capital project justifying the Federal support to 
     the Secretary's satisfaction: Provided further, That none of 
     the funds under this heading may be used to subsidize 
     operating losses of the Corporation: Provided further, That 
     none of the funds under this heading may be used for capital 
     projects not approved by the Secretary of Transportation or 
     on the Corporation's fiscal year 2010 business plan: Provided 
     further, That, the business plan shall be accompanied by a 
     comprehensive fleet plan for all Amtrak rolling stock which 
     shall address the Corporation's detailed plans and timeframes 
     for the maintenance, refurbishment, replacement and expansion 
     of the Amtrak fleet: Provided further, That said fleet plan 
     shall establish year-specific goals and milestones and 
     discuss potential, current, and preferred financing options 
     for all such activities.

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

       To enable the Secretary of Transportation to make grants 
     for high-speed rail projects as authorized under section 
     26106 of title 49, United States Code, capital investment 
     grants to support intercity passenger rail service as 
     authorized under section 24406 of title 49, United States 
     Code, and congestion grants as authorized under section 24105 
     of title 49, United States Code, and to enter into 
     cooperative agreements for these purposes as authorized, 
     $1,200,000,000, to remain available until expended: Provided, 
     That none of the funds provided under this heading may be 
     used for planning activities: Provided further, That not less 
     than 75 percent of the funds provided under this heading 
     shall be for cooperative agreements that lead to the 
     development of entire segments or phases of intercity or 
     high-speed rail corridors: Provided further, That the 
     Secretary shall issue interim guidance to applicants covering 
     application procedures and administer the grants provided 
     under this heading pursuant to that guidance until final 
     regulations are issued: Provided further, That the Secretary 
     shall not award grants under this heading sooner than 2 weeks 
     after he has submitted to the Congress a national rail plan 
     as required by section 103(j) of title 49, United States 
     Code: Provided further, That the Federal share payable of the 
     costs for which a grant or cooperative agreements is made 
     under this heading shall not exceed 80 percent: Provided 
     further, That in addition to the provisions of title 49, 
     United States Code, that apply to each of the individual 
     programs funded under this heading, subsections 24402(a)(2), 
     24402(f), 24402(i), and 24403(a) and (c) of title 49, United 
     States Code, shall also apply to the provision of funds 
     provided under this heading: Provided further, That a project 
     need not be in a State rail plan developed under Chapter 227 
     of title 49, United States Code, to be eligible for 
     assistance under this heading: Provided further, That the 
     Secretary shall give priority to applications under section 
     24406 of title 49, United States Code, to projects that 
     improve the safety and reliability of intercity passenger 
     trains, involve a commitment by freight railroads to an 
     enforceable on-time performance of passenger trains of 80 
     percent or greater, involve a commitment by freight railroads 
     of financial resources commensurate with the benefit expected 
     to their operations, improve or extend service on a route 
     that requires little or no Federal assistance for its 
     operations, or involve a commitment by States or railroads of 
     financial resources to improve the safety of highway/rail 
     grade crossings over which the passenger service operates: 
     Provided further, That the Administrator of the Federal 
     Railroad Administration may retain up to $50,000,000 of the 
     funds provided under this heading for the purposes of 
     conducting research, development and demonstration of 
     technologies and undertaking analyses supporting development 
     of high-speed rail in the United States, including 
     implementation of the Rail Cooperative Research Program 
     authorized by section 24910 of title 49, United States Code: 
     Provided further, That in lieu of the provisions of the 
     subsection 24403(b) of title 49, United States Code, the 
     Administrator of the Federal Railroad Administration may 
     retain up to $30,000,000 of the funds provided under this 
     heading to fund the award and oversight by the Administrator 
     of grants and cooperative agreements for intercity and high 
     speed rail.

       administrative provisions--federal railroad administration

       Sec. 151.  The Secretary may purchase promotional items of 
     nominal value for use in public outreach activities to 
     accomplish the purposes of 49 U.S.C. 20134: Provided, That 
     the Secretary shall prescribe guidelines for the 
     administration of such purchases and use.
       Sec. 152.  Hereafter, notwithstanding any other provision 
     of law, funds provided in this Act for the National Railroad 
     Passenger Corporation shall immediately cease to be available 
     to said Corporation in the event that the Corporation 
     contracts to have services provided at or from any location 
     outside the United States. For purposes of this section, the 
     word ``services'' shall mean any service that was, as of July 
     1, 2006, performed by a full-time or part-time Amtrak 
     employee whose base of employment is located within the 
     United States.
       Sec. 153.  The Secretary of Transportation may receive and 
     expend cash, or receive and utilize spare parts and similar 
     items, from non-United States Government sources to repair 
     damages to or replace United States Government owned 
     automated track inspection cars and equipment as a result of 
     third party liability for such damages, and any amounts 
     collected under this section shall be credited directly to 
     the Safety and Operations account of the Federal Railroad 
     Administration, and shall remain available until expended for 
     the repair, operation and maintenance of automated track 
     inspection cars and equipment in connection with the 
     automated track inspection program.
       Sec. 154.  The Federal Railroad Administrator shall submit 
     a quarterly report on April 1, 2009,

[[Page 21387]]

     and quarterly reports thereafter, to the House and Senate 
     Committees on Appropriations detailing the Administrator's 
     efforts at improving the on-time performance of Amtrak 
     intercity rail service operating on non-Amtrak owned 
     property. Such reports shall compare the most recent actual 
     on-time performance data to pre-established on-time 
     performance goals that the Administrator shall set for each 
     rail service, identified by route. Such reports shall also 
     include whatever other information and data regarding the on-
     time performance of Amtrak trains the Administrator deems to 
     be appropriate. The amounts made available in this title 
     under the heading ``Office of the Secretary, Salaries and 
     Expenses'' shall be reduced $100,000 for each day after the 
     first day of each quarter that the quarterly reports required 
     by this section are not submitted to the Congress.
       Sec. 155.  Notwithstanding any other provision of law, 
     funds provided in Public Law 111-8 for ``Lincoln Avenue Grade 
     Separation, Port of Tacoma, Washington'' shall be made 
     available for this project as therein described.

                     Federal Transit Administration

                        administrative expenses

                     (including transfer of funds)

       For necessary administrative expenses of the Federal 
     Transit Administration's programs authorized by chapter 53 of 
     title 49, United States Code, $97,478,000: Provided, That of 
     the funds available under this heading, not to exceed 
     $1,809,000 shall be available for travel: Provided further, 
     That none of the funds provided or limited in this Act may be 
     used to create a permanent office of transit security under 
     this heading: Provided further, That $75,000 shall be paid 
     from appropriations made available by this Act and provided 
     to the Department of Transportation's Office of Inspector 
     General through reimbursement to conduct the annual audits of 
     financial statements in accordance with section 3521 of title 
     31, United States Code: Provided further, That upon 
     submission to the Congress of the fiscal year 2010 
     President's budget, the Secretary of Transportation shall 
     transmit to Congress the annual report on new starts, 
     including proposed allocations of funds for fiscal year 2011.

                         formula and bus grants

                  (liquidation of contract authority)

                      (limitation on obligations)

                          (highway trust fund)

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

                research and university research centers

       For necessary expenses to carry out 49 U.S.C. 5306, 5312-
     5315, 5322, and 5506, $67,670,000, to remain available until 
     expended: Provided, That $10,000,000 is available to carry 
     out the transit cooperative research program under section 
     5313 of title 49, United States Code, $4,300,000 is available 
     for the National Transit Institute under section 5315 of 
     title 49, United States Code, and $7,000,000 is available for 
     university transportation centers program under section 5506 
     of title 49, United States Code: Provided further, That 
     $50,170,000 is available to carry out national research 
     programs under sections 5312, 5313, 5314, and 5322 of title 
     49, United States Code: Provided further, That of the funds 
     available to carry out section 5312 of title 49, United 
     States Code, $5,000,000 shall be available to the Secretary 
     to develop standards for asset management plans, provide 
     technical assistance to recipients engaged in the development 
     or implementation of an asset management plan, improve data 
     collection through the National Transit Database, and conduct 
     a pilot program designed to identify the best practices of 
     asset management.

                       capital investment grants

       For necessary expenses to carry out section 5309 of title 
     49, United States Code, $2,307,343,000, to remain available 
     until expended, of which no less than $200,000,000 is for 
     section 5309(e) of such title: Provided, That $2,000,000 
     shall be transferred to the Department of Transportation 
     Office of Inspector General from funds set aside for the 
     execution of oversight contracts pursuant to section 5327(c) 
     of title 49, United States Code, for costs associated with 
     audits and investigations of transit-related issues, 
     including reviews of new fixed guideway systems.

       grants for energy efficiency and greenhouse gas reductions

       For grants to public transit agencies for capital 
     investments that will reduce the energy consumption or 
     greenhouse gas emissions of their public transportation 
     systems, $100,000,000, to remain available through September 
     30, 2012: Provided, That priority shall be given to projects 
     based on the total energy savings that are projected to 
     result from the investments, and the projected energy savings 
     as a percentage of the total energy usage of the public 
     transit agency: Provided further, That the Secretary shall 
     public criteria on which to base the competition for any 
     grants awarded under this heading no sooner than 90 days 
     after the enactment of this Act, require applications for 
     funding provided under this heading to be submitted no sooner 
     than 120 days after the publication of such criteria, and 
     announce all projects selected to be funded from funds 
     provided under this heading no sooner than September 15, 
     2010.

      grants to the washington metropolitan area transit authority

       For grants to the Washington Metropolitan Area Transit 
     Authority as authorized under section 601 of Public Law 110-
     432, $150,000,000, to remain available through September 30, 
     2012: Provided, That the Secretary shall approve grants for 
     capital and preventive maintenance expenditures for the 
     Washington Metropolitan Area Transit Authority only after 
     receiving and reviewing a request for each specific project: 
     Provided further, That prior to approving such grants, the 
     Secretary shall determine that the Washington Metropolitan 
     Area Transit Authority has placed the highest priority on 
     those investments that will improve the safety of the system, 
     including but not limited to fixing the track signal system, 
     replacing the 1000 series cars, installing guarded turnouts, 
     buying equipment for wayside worker protection, and 
     installing rollback protection on cars that are not equipped 
     with this safety feature.

       administrative provisions--federal transit administration

       Sec. 160.  The limitations on obligations for the programs 
     of the Federal Transit Administration shall not apply to any 
     authority under 49 U.S.C. 5338, previously made available for 
     obligation, or to any other authority previously made 
     available for obligation.
       Sec. 161.  Notwithstanding any other provision of law, 
     funds appropriated or limited by this Act under ``Federal 
     Transit Administration, Capital Investment Grants'' and for 
     bus and bus facilities under ``Federal Transit 
     Administration, Formula and Bus Grants'' for projects 
     specified in this Act or identified in reports accompanying 
     this Act not obligated by September 30, 2012, and other 
     recoveries, shall be directed to projects eligible to use the 
     funds for the purposes for which they were originally 
     provided.
       Sec. 162.  Notwithstanding any other provision of law, any 
     funds appropriated before October 1, 2009, under any section 
     of chapter 53 of title 49, United States Code, that remain 
     available for expenditure, may be transferred to and 
     administered under the most recent appropriation heading for 
     any such section.
       Sec. 163.  Notwithstanding any other provision of law, 
     unobligated funds made available for new fixed guideway 
     system projects under the heading ``Federal Transit 
     Administration, Capital investment grants'' in any 
     appropriations Act prior to this Act may be used during this 
     fiscal year to satisfy expenses incurred for such projects.
       Sec. 164.  None of the funds provided or limited under this 
     Act may be used to issue a final regulation under section 
     5309 of title 49, United States Code, except that the Federal 
     Transit Administration may continue to review comments 
     received on the proposed rule (Docket No. FTA-2006-25737).
       Sec. 165.  Funds made available for Alaska or Hawaii ferry 
     boats or ferry terminal facilities pursuant to 49 U.S.C. 
     5309(m)(2)(B) may be used to construct new vessels and 
     facilities, or to improve existing vessels and facilities, 
     including both the passenger and vehicle-related elements of 
     such vessels and facilities, and for repair facilities: 
     Provided, That not more than $4,000,000 of the funds made 
     available pursuant to 49 U.S.C. 5309(m)(2)(B) may be used by 
     the City and County of Honolulu to operate a passenger ferry 
     boat service demonstration project to test the viability of 
     different intra-island ferry boat routes and technologies.
       Sec. 166.  Hereafter, the local share of the costs of the 
     Woodward Avenue Corridor projects funded under section 5309 
     shall include, at the option of the project sponsor, any 
     portion of the corridor advanced with 100 percent non-Federal 
     funds.
       Sec. 167.  The Secretary of Transportation shall provide 
     recommendations to Congress, including legislative proposals, 
     on how to strengthen its role in regulating the safety of 
     transit agencies operating heavy rail on fixed guideway: 
     Provided, That the Secretary shall include actions the 
     Department of Transportation will take and what additional 
     legislative authorities it may need in order to fully 
     implement recommendations of the National Transportation 
     Safety Board directed at the Federal Transit Administration, 
     including but not limited to recommendations related to 
     crashworthiness, emergency access and egress, event 
     recorders, and hours of service: Provided further, That the 
     Secretary shall transmit to the House and Senate Committees 
     on Appropriations a report outlining these recommendations 
     and a plan for their implementation by the Department of 
     Transportation no later than 45 days after enactment of this 
     Act.
       Sec. 168.  Notwithstanding any other provision of law, the 
     Secretary of Transportation shall not reallocate any funding 
     made available for items 523, 267, and 131 of section 3044 of 
     the Safe, Accountable, Flexible, Efficient Transportation 
     Equity Act: A Legacy for Users (Public Law 109-59).
       Sec. 169.  Notwithstanding any other provision of law, the 
     limitation on the total estimated amount of future 
     obligations of the Government and contingent commitments to 
     incur obligations covered by all outstanding letters of 
     intent, full funding grant agreements, and early systems work 
     agreements under subsection 5338(g) of title 49, United 
     States Code, may not

[[Page 21388]]

     be more than the sum of the amount authorized under sections 
     5338(a)(3) and 5338(c) of title 49, United States Code, for 
     such projects and an amount equivalent to the last 5 fiscal 
     years of funding allocated under subsections 5309(m)(1)(A) 
     and 5309(m)(2)(A)(ii) of title 49, United States Code, for 
     such projects, less an amount the Secretary of Transportation 
     reasonably estimates is necessary for grants under section 
     5309 of title 49, United States Code, for those of such 
     projects that are not covered by a letter or agreement.
       Sec. 170.  None of the funds provided or limited under this 
     Act may be used to enforce regulations related to charter bus 
     service under part 604 of title 49, Code of Federal 
     Regulations, in the State of Washington.
       Sec. 171.  Hereafter, for interstate multi-modal projects 
     which are in Interstate highway corridors, the Secretary 
     shall base the rating under section 5309(d) of title 49, 
     United States Code, of the non-New Starts share of the public 
     transportation element of the project on the percentage of 
     non-New Starts funds in the unified finance plan for the 
     multi-modal project: Provided, That the Secretary shall base 
     the accounting of local matching funds on the total amount of 
     all local funds incorporated in the unified finance plan for 
     the multi-modal project for the purposes of funding under 
     chapter 53 of title 49, United States Code and title 23, 
     United States Code: Provided further, That the Secretary 
     shall evaluate the justification for the project under 
     section 5309(d) of title 49, United States Code, including 
     cost effectiveness, on the public transportation costs and 
     public transportation benefits.

             Saint Lawrence Seaway Development Corporation

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

                       operations and maintenance

                    (harbor maintenance trust fund)

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

                        Maritime Administration

                       maritime security program

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

                        operations and training

       For necessary expenses of operations and training 
     activities authorized by law, $154,900,000, of which 
     $11,240,000 shall remain available until expended for 
     maintenance and repair of training ships at State Maritime 
     Schools Academies, and of which $15,000,000 shall remain 
     available until expended for capital improvements at the 
     United States Merchant Marine Academy, and of which 
     $59,057,000 shall be available for operations at the United 
     States Merchant Marine Academy: Provided, That amounts 
     apportioned for the United States Merchant Marine Academy 
     shall be available only upon allotments made personally by 
     the Secretary of Transportation and not a designee: Provided 
     further, That the Superintendent, Deputy Superintendent and 
     the Director of the Office of Resource Management of the 
     United States Merchant Marine Academy may not be allotment 
     holders for the United States Merchant Marine Academy, and 
     the Administrator of Maritime Administration shall hold all 
     allotments made by the Secretary of Transportation under the 
     previous proviso: Provided further, That 50 percent of the 
     funding made available for the United States Merchant Marine 
     Academy under this heading shall be available only after the 
     Secretary, in consultation with the Superintendent and the 
     Maritime Administration, completes a plan detailing by 
     program or activity and by object class how such funding will 
     be expended at the Academy, and this plan is submitted to the 
     House and Senate Committees on Appropriations.

                             ship disposal

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

                     assistance to small shipyards

       To make grants to qualified shipyards as authorized under 
     section 3508 of Public Law 110-417 or section 54101 of title 
     46, United States Code, $17,500,000, to remain available 
     until expended: Provided, That to be considered for 
     assistance, a qualified shipyard shall submit an application 
     for assistance no later than 60 days after enactment of this 
     Act: Provided further, That from applications submitted under 
     the previous proviso, the Secretary of Transportation shall 
     make grants no later than 120 days after enactment of this 
     Act in such amounts as the Secretary determines: Provided 
     further, That not to exceed 2 percent of the funds 
     appropriated under this heading shall be available for 
     necessary costs of grant administration.

          maritime guaranteed loan (title xi) program account

                     (including transfer of funds)

       For the cost of guaranteed loans, as authorized, 
     $14,000,000, of which $10,000,000 shall remain available 
     until expended: Provided, That such costs, including the cost 
     of modifying such loans, shall be as defined in section 502 
     of the Congressional Budget Act of 1974, as amended: Provided 
     further, That not to exceed $4,000,000 shall be available for 
     administrative expenses to carry out the guaranteed loan 
     program, which shall be transferred to and merged with the 
     appropriation for ``Operations and Training'', Maritime 
     Administration.

           administrative provisions--maritime administration

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

         Pipeline and Hazardous Materials Safety Administration

                        administrative expenses

                         (pipeline safety fund)

                     (including transfer of funds)

       For necessary administrative expenses of the Pipeline and 
     Hazardous Materials Safety Administration, $19,968,000, of 
     which $639,000 shall be derived from the Pipeline Safety 
     Fund: Provided, That $1,000,000 shall be transferred to 
     ``Pipeline Safety'' in order to fund ``Pipeline safety 
     information grants to communities'' as authorized in section 
     60130 of title 49, United States Code.

                       hazardous materials safety

       For expenses necessary to discharge the hazardous materials 
     safety functions of the Pipeline and Hazardous Materials 
     Safety Administration, $35,500,000, of which $1,699,000 shall 
     remain available until September 30, 2012: Provided, That up 
     to $800,000 in fees collected under 49 U.S.C. 5108(g) shall 
     be deposited in the general fund of the Treasury as 
     offsetting receipts: Provided further, That there may be 
     credited to this appropriation, to be available until 
     expended, funds received from States, counties, 
     municipalities, other public authorities, and private sources 
     for expenses incurred for training, for reports publication 
     and dissemination, and for travel expenses incurred in 
     performance of hazardous materials exemptions and approvals 
     functions.

                            pipeline safety

                         (pipeline safety fund)

                    (oil spill liability trust fund)

       For expenses necessary to conduct the functions of the 
     pipeline safety program, for grants-in-aid to carry out a 
     pipeline safety program, as authorized by 49 U.S.C. 60107, 
     and to discharge the pipeline program responsibilities of the 
     Oil Pollution Act of 1990, $105,239,000, of which $18,905,000 
     shall be derived from the Oil Spill Liability Trust Fund and 
     shall remain available until September 30, 2012; and of which 
     $86,334,000 shall be derived from the Pipeline Safety Fund, 
     of which $47,332,000 shall remain available until September 
     30, 2012: Provided, That not less than $1,043,000 of the 
     funds provided under this heading shall be for the one-call 
     State grant program.

                     emergency preparedness grants

                     (emergency preparedness fund)

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

           Research and Innovative Technology Administration

                        research and development

       For necessary expenses of the Research and Innovative 
     Technology Administration, $13,179,000, of which $6,036,000 
     shall remain available until September 30, 2012: Provided, 
     That there may be credited to this appropriation, to be 
     available until expended, funds received from States, 
     counties, municipalities, other public authorities, and 
     private sources for expenses incurred for training.

                      Office of Inspector General

                         salaries and expenses

       For necessary expenses of the Office of Inspector General 
     to carry out the provisions of

[[Page 21389]]

     the Inspector General Act of 1978, as amended, $75,389,000: 
     Provided, That the Inspector General shall have all necessary 
     authority, in carrying out the duties specified in the 
     Inspector General Act, as amended (5 U.S.C. App. 3), to 
     investigate allegations of fraud, including false statements 
     to the government (18 U.S.C. 1001), by any person or entity 
     that is subject to regulation by the Department: Provided 
     further, That the funds made available under this heading 
     shall be used to investigate, pursuant to section 41712 of 
     title 49, United States Code: (1) unfair or deceptive 
     practices and unfair methods of competition by domestic and 
     foreign air carriers and ticket agents; and (2) the 
     compliance of domestic and foreign air carriers with respect 
     to item (1) of this proviso.

                      Surface Transportation Board

                         salaries and expenses

       For necessary expenses of the Surface Transportation Board, 
     including services authorized by 5 U.S.C. 3109, $28,332,000: 
     Provided, That notwithstanding any other provision of law, 
     not to exceed $1,250,000 from fees established by the 
     Chairman of the Surface Transportation Board shall be 
     credited to this appropriation as offsetting collections and 
     used for necessary and authorized expenses under this 
     heading: Provided further, That the sum herein appropriated 
     from the general fund shall be reduced on a dollar-for-dollar 
     basis as such offsetting collections are received during 
     fiscal year 2010, to result in a final appropriation from the 
     general fund estimated at no more than $27,082,000.

            General Provisions--department of Transportation

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

[[Page 21390]]

     rates, projected total transportation congestion 
     considerations, transportation energy efficiency, air quality 
     and carbon emissions) and water users (including the number 
     and distribution of people, households, municipalities, and 
     business throughout the Missouri and Mississippi River basins 
     who use river water for multiple purposes): Provided further, 
     That in addition to understanding current value, the 
     Department is directed to work with appropriate Federal 
     partners to develop recommendations on how to minimize 
     impediments to growth and maximize water value of benefits 
     related to energy production and efficiency, congestion 
     relief, trade and transport efficiency, and air quality: 
     Provided further, That the Department of Transportation shall 
     provide its analysis and recommendations to the U.S. Army 
     Corps of Engineers, the White House, and the Congress: 
     Provided further, That $2,000,000 is available until expended 
     for such purposes.
       Sec. 196.  Notwithstanding any other provision of law, 
     funds made available under section 330 of the Fiscal Year 
     2002 Department of Transportation and Related Agencies 
     Appropriations Act (Public Law 107-87) for the Las Vegas, 
     Nevada Monorail Project, funds made available under section 
     115 of the Fiscal Year 2004 Transportation, Treasury and 
     Independent Agencies Appropriations Act (Public Law 108-199) 
     for the North Las Vegas Intermodal Transit Hub, and funds 
     made available for the CATRAIL RTC Rail Project, Nevada in 
     the Fiscal Year 2005 Transportation, Treasury, Independent 
     Agencies and General Government Appropriations Act (Public 
     Law 108-447), as well as any unexpended funds in the Federal 
     Transit Administration grant numbers NV-03-0024 and NV-03-
     0027, shall be made available until expended to the Regional 
     Transportation Commission of Southern Nevada for bus and bus-
     related projects and bus rapid transit projects: Provided, 
     That the funds made available for a project in accordance 
     with this section shall be administered under the terms and 
     conditions set forth in 49 U.S.C. 5307, to the extent 
     applicable.
       This title may be cited as the ``Department of 
     Transportation Appropriations Act, 2010''.

                                TITLE II

              DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

                     Management and Administration

                          Executive Direction

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

               administration, operations and management

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

                  Personnel Compensation and Benefits

                       public and indian housing

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

                   community planning and development

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

                                housing

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

         office of the government national mortgage association

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

                    policy development and research

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

                   fair housing and equal opportunity

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

            office of healthy homes and lead hazard control

                  personnel compensation and benefits

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

                       Public and Indian Housing

                     tenant-based rental assistance

                     (including transfer of funds)

       For activities and assistance for the provision of tenant-
     based rental assistance authorized under the United States 
     Housing Act of 1937, as amended (42 U.S.C. 1437 et seq.) 
     (``the Act'' herein), not otherwise provided for, 
     $14,137,200,000, to remain available until expended, shall be 
     available on October 1, 2009 (in addition to the 
     $4,000,000,000 previously appropriated under this heading 
     that will become available on October 1, 2009), and 
     $4,000,000,000, to remain available until expended, shall be 
     available on October 1, 2010: Provided, That of the amounts 
     made available under this heading are provided as follows:
       (1) $16,339,200,000 shall be available for renewals of 
     expiring section 8 tenant-based annual contributions 
     contracts (including renewals of enhanced vouchers under any 
     provision of law authorizing such assistance under section 
     8(t) of the Act) and including renewal of other special 
     purpose vouchers initially funded in fiscal year 2008 and 
     2009 (such as Family Unification, Veterans Affairs Supportive 
     Housing Vouchers and Non-elderly Disabled Vouchers): 
     Provided, That notwithstanding any other provision of law, 
     from amounts provided under this paragraph and any carryover, 
     the Secretary for the calendar year 2010 funding cycle shall 
     provide renewal funding for each public housing agency based 
     on voucher management system (VMS) leasing and cost data for 
     the most recent Federal fiscal year and by applying the most 
     recent Annual Adjustment Factor as established by the 
     Secretary, and by making any necessary adjustments for the 
     costs associated with deposits to

[[Page 21391]]

     family self-sufficiency program escrow accounts or first-time 
     renewals including tenant protection or HOPE VI vouchers: 
     Provided further, That none of the funds provided under this 
     paragraph may be used to fund a total number of unit months 
     under lease which exceeds a public housing agency's 
     authorized level of units under contract:  Provided further, 
     That the Secretary shall, to the extent necessary to stay 
     within the amount specified under this paragraph (except as 
     otherwise modified under this Act), pro rate each public 
     housing agency's allocation otherwise established pursuant to 
     this paragraph: Provided further, That except as provided in 
     the last two provisos, the entire amount specified under this 
     paragraph (except as otherwise modified under this Act) shall 
     be obligated to the public housing agencies based on the 
     allocation and pro rata method described above, and the 
     Secretary shall notify public housing agencies of their 
     annual budget not later than 60 days after enactment of this 
     Act: Provided further, That the Secretary may extend the 60-
     day notification period with the prior written approval of 
     the House and Senate Committees on Appropriations: Provided 
     further, That public housing agencies participating in the 
     Moving to Work demonstration shall be funded pursuant to 
     their Moving to Work agreements and shall be subject to the 
     same pro rata adjustments under the previous provisos: 
     Provided further, That up to $150,000,000 shall be available 
     only: (1) to adjust the allocations for public housing 
     agencies, after application for an adjustment by a public 
     housing agency that experienced a significant increase, as 
     determined by the Secretary, in renewal costs of tenant-based 
     rental assistance resulting from unforeseen circumstances or 
     from portability under section 8(r) of the Act; (2) for 
     adjustments for public housing agencies with voucher leasing 
     rates at the end of the calendar year that exceed the average 
     leasing for the 12-month period used to establish the 
     allocation; (3) for adjustments for the costs associated with 
     VASH vouchers; or (4) for vouchers that were not in use 
     during the 12-month period in order to be available to meet a 
     commitment pursuant to section 8(o)(13) of the Act;
       (2) $103,000,000 shall be for section 8 rental assistance 
     for relocation and replacement of housing units that are 
     demolished or disposed of pursuant to the Omnibus 
     Consolidated Rescissions and Appropriations Act of 1996 
     (Public Law 104-134), conversion of section 23 projects to 
     assistance under section 8, the family unification program 
     under section 8(x) of the Act, relocation of witnesses in 
     connection with efforts to combat crime in public and 
     assisted housing pursuant to a request from a law enforcement 
     or prosecution agency, enhanced vouchers under any provision 
     of law authorizing such assistance under section 8(t) of the 
     Act, HOPE VI vouchers, mandatory and voluntary conversions, 
     and tenant protection assistance including replacement and 
     relocation assistance or for project based assistance to 
     prevent the displacement of unassisted elderly tenants 
     currently residing in section 202 properties financed between 
     1959 and 1974 that are refinanced pursuant to Public Law 106-
     569, as amended, or under the authority as provided under 
     this Act: Provided, That the Secretary shall may provide 
     replacement vouchers for all units that were occupied within 
     the previous 24 months that cease to be available as assisted 
     housing, subject only to the availability of funds;
       (3) $1,550,000,000 shall be for administrative and other 
     expenses of public housing agencies in administering the 
     section 8 tenant-based rental assistance program, of which up 
     to $50,000,000 shall be available to the Secretary to 
     allocate to public housing agencies that need additional 
     funds to administer their section 8 programs, including fees 
     associated with section 8 tenant protection rental 
     assistance, the administration of disaster related vouchers, 
     Veterans Affairs Supportive Housing vouchers, and other 
     incremental vouchers: Provided, That no less than 
     $1,500,000,000 of the amount provided in this paragraph shall 
     be allocated to public housing agencies for the calendar year 
     2010 funding cycle based on section 8(q) of the Act (and 
     related Appropriation Act provisions) as in effect 
     immediately before the enactment of the Quality Housing and 
     Work Responsibility Act of 1998 (Public Law 105-276): 
     Provided further, That if the amounts made available under 
     this paragraph are insufficient to pay the amounts determined 
     under the previous proviso, the Secretary may decrease the 
     amounts allocated to agencies by a uniform percentage 
     applicable to all agencies receiving funding under this 
     paragraph or may, to the extent necessary to provide full 
     payment of amounts determined under the previous proviso, 
     utilize unobligated balances, including recaptures and 
     carryovers, remaining from funds appropriated to the 
     Department of Housing and Urban Development under this 
     heading, for fiscal year 2009 and prior fiscal years, 
     notwithstanding the purposes for which such amounts were 
     appropriated: Provided further, That amounts provided under 
     this paragraph shall be only for activities related to the 
     provision of tenant-based rental assistance authorized under 
     section 8, including related development activities;
       (4) $50,000,000 shall be available for family self-
     sufficiency coordinators under section 23 of the Act;
       (5) $20,000,000 for incremental voucher assistance through 
     the Family Unification Program: Provided, That the assistance 
     made available under this paragraph shall continue to remain 
     available for family unification upon turnover: Provided 
     further, That the Secretary of Housing and Urban Development 
     shall make such funding available, notwithstanding section 
     204 (competition provision) of this title, to entities with 
     demonstrated experience and resources for supportive 
     services;
       (6) $75,000,000 for incremental rental voucher assistance 
     for use through a supported housing program administered in 
     conjunction with the Department of Veterans Affairs as 
     authorized under section 8(o)(19) of the United States 
     Housing Act of 1937: Provided, That the Secretary of Housing 
     and Urban Development shall make such funding available, 
     notwithstanding section 204 (competition provision) of this 
     title, to public housing agencies that partner with eligible 
     VA Medical Centers or other entities as designated by the 
     Secretary of the Department of Veterans Affairs, based on 
     geographical need for such assistance as identified by the 
     Secretary of the Department of Veterans Affairs, public 
     housing agency administrative performance, and other factors 
     as specified by the Secretary of Housing and Urban 
     Development in consultation with the Secretary of the 
     Department of Veterans Affairs: Provided further, That the 
     Secretary of Housing and Urban Development may waive, or 
     specify alternative requirements for (in consultation with 
     the Secretary of the Department of Veterans Affairs), any 
     provision of any statute or regulation that the Secretary of 
     Housing and Urban Development administers in connection with 
     the use of funds made available under this paragraph (except 
     for requirements related to fair housing, nondiscrimination, 
     labor standards, and the environment), upon a finding by the 
     Secretary that any such waivers or alternative requirements 
     are necessary for the effective delivery and administration 
     of such voucher assistance: Provided further, That assistance 
     made available under this paragraph shall continue to remain 
     available for homeless veterans upon turn-over; and
       (7) up to $50,000,000 provided under this heading maybe 
     transferred to and merged with the appropriation for 
     ``Transformation Initiative''.

                        housing certificate fund

       Unobligated balances, including recaptures and carryover, 
     remaining from funds appropriated to the Department of 
     Housing and Urban Development under this heading, the heading 
     ``Annual Contributions for Assisted Housing'' and the heading 
     ``Project-Based Rental Assistance'', for fiscal year 2010 and 
     prior years may be used for renewal of or amendments to 
     section 8 project-based contracts and for performance-based 
     contract administrators, notwithstanding the purposes for 
     which such funds were appropriated: Provided, That any 
     obligated balances of contract authority from fiscal year 
     1974 and prior that have been terminated shall be permanently 
     cancelled.

                      public housing capital fund

       For the Public Housing Capital Fund Program to carry out 
     capital and management activities for public housing 
     agencies, as authorized under section 9 of the United States 
     Housing Act of 1937 (42 U.S.C. 1437g) (the ``Act'') 
     $2,500,000,000, to remain available until September 30, 2013: 
     Provided, That notwithstanding any other provision of law or 
     regulation, during fiscal year 2010 the Secretary of Housing 
     and Urban Development may not delegate to any Department 
     official other than the Deputy Secretary and the Assistant 
     Secretary for Public and Indian Housing any authority under 
     paragraph (2) of section 9(j) regarding the extension of the 
     time periods under such section: Provided further, That for 
     purposes of such section 9(j), the term ``obligate'' means, 
     with respect to amounts, that the amounts are subject to a 
     binding agreement that will result in outlays, immediately or 
     in the future: Provided further, That up to $15,345,000 shall 
     be to support the ongoing Public Housing Financial and 
     Physical Assessment activities of the Real Estate Assessment 
     Center (REAC): Provided further, That no funds may be used 
     under this heading for the purposes specified in section 9(k) 
     of the Act: Provided further, That of the total amount 
     provided under this heading, not to exceed $20,000,000 shall 
     be available for the Secretary to make grants, 
     notwithstanding section 204 of this Act, to public housing 
     agencies for emergency capital needs including safety and 
     security measures necessary to address crime and drug-related 
     activity as well as needs resulting from unforeseen or 
     unpreventable emergencies and natural disasters excluding 
     Presidentially declared emergencies and natural disasters 
     under the Robert T. Stafford Disaster Relief and Emergency 
     Act (42 U.S.C. 5121 et seq.) occurring in fiscal year 2010: 
     Provided further, That of the amounts provided under this 
     heading $50,000,000 shall be for grants to be competitively 
     awarded to public housing agencies for the construction, 
     rehabilitation or purchase of facilities to be used to 
     provide early education, adult education, job training or 
     other appropriate services to public housing residents: 
     Provided further, That grantees shall demonstrate an ability 
     to leverage other Federal, State, local or private resources 
     for the construction, rehabilitation or acquisition of such 
     facilities, and that selected grantees shall demonstrate a 
     capacity to pay the long-term costs of operating such 
     facilities: Provided further, That of the total amount 
     provided under this heading, $40,000,000 shall be for 
     supportive services, service coordinators and congregate 
     services as authorized by section 34 of the Act (42 U.S.C. 
     1437z-6) and the Native American Housing Assistance and Self-
     Determination Act of 1996 (25 U.S.C. 4101 et seq.): Provided 
     further, That of the total amount provided under this heading 
     up to $8,820,000 is to support the costs of administrative 
     and judicial receiverships: Provided further, That from the 
     funds

[[Page 21392]]

     made available under this heading, the Secretary shall 
     provide bonus awards in fiscal year 2010 to public housing 
     agencies that are designated high performers.

                     public housing operating fund

       For 2010 payments to public housing agencies for the 
     operation and management of public housing, as authorized by 
     section 9(e) of the United States Housing Act of 1937 (42 
     U.S.C. 1437g(e)), $4,750,000,000: Provided, That, in fiscal 
     year 2009 and all fiscal years hereafter, no amounts under 
     this heading in any appropriations Act may be used for 
     payments to public housing agencies for the costs of 
     operation and management of public housing for any year prior 
     to the current year of such Act: Provided further, That of 
     the amounts made available under this heading, up to 
     $15,000,000 may be transferred to and merged with the 
     appropriation for ``Transformation Initiative''.

                          choice neighborhoods

       For competitive grants under the Choice Neighborhoods 
     Initiative for transformation, rehabilitation and replacement 
     housing needs of both public and HUD-assisted housing and to 
     transform neighborhoods of poverty into functioning, 
     sustainable mixed income neighborhoods with appropriate 
     services, public assets, transportation and access to jobs, 
     and schools, including public schools, community schools, and 
     charter schools, $250,000,000, to remain available until 
     September 30, 2013: Provided, That grant funds may be used 
     for resident and community services, community development 
     and affordable housing needs in the community, and for 
     conversion of vacant or foreclosed properties to affordable 
     housing: Provided further, That grantees shall undertake 
     comprehensive local planning with input from residents and 
     the community, and that grantees shall provide a match in 
     State, local, other Federal or private funds: Provided 
     further, That grantees may include local governments, public 
     housing authorities, and nonprofits: Provided further, That 
     for-profit developers may apply jointly with a public entity: 
     Provided further, That of the amounts provided, not less than 
     $165,000,000 shall be awarded to public housing authorities: 
     Provided further, That such grantees shall create 
     partnerships with other local organizations including 
     assisted housing owners, service agencies and resident 
     organizations: Provided further, That the Secretary shall 
     consult with the Secretaries of Education, Labor, 
     Transportation, Health and Human Services, Agriculture, and 
     Commerce and the Administrator of the Environmental 
     Protection Agency to coordinate and leverage other 
     appropriate Federal resources: Provided further, That within 
     60 days of the enactment of this Act, HUD shall submit a plan 
     to the House and Senate Committees on Appropriations, for 
     approval, describing an array of performance measures that 
     HUD will use in identifying functioning, sustainable, mixed-
     income neighborhoods and a plan for how HUD will work with 
     other agencies: Provided further, That no more than ten 
     percent of funds made available under this heading may be 
     provided for planning grants to assist communities in 
     developing comprehensive strategies for implementing this 
     program in conjunction with community notice and input: 
     Provided further, That the Secretary shall develop and 
     publish guidelines for the use of such competitive funds, 
     including but not limited to eligible activities, program 
     requirements, protections and services for affected 
     residents, and performance metrics.

                  native american housing block grants

       For the Native American Housing Block Grants program, as 
     authorized under title I of the Native American Housing 
     Assistance and Self-Determination Act of 1996 (NAHASDA) (25 
     U.S.C. 4111 et seq.), $670,000,000, to remain available until 
     expended: Provided, That, notwithstanding the Native American 
     Housing Assistance and Self-Determination Act of 1996, to 
     determine the amount of the allocation under title I of such 
     Act for each Indian tribe, the Secretary shall apply the 
     formula under section 302 of such Act with the need component 
     based on single-race Census data and with the need component 
     based on multi-race Census data, and the amount of the 
     allocation for each Indian tribe shall be the greater of the 
     two resulting allocation amounts: Provided further, That of 
     the amounts made available under this heading, $3,500,000 
     shall be contracted for assistance for a national 
     organization representing Native American housing interests 
     for providing training and technical assistance to Indian 
     housing authorities and tribally designated housing entities 
     as authorized under NAHASDA; and $4,250,000 shall be to 
     support the inspection of Indian housing units, contract 
     expertise, training, and technical assistance in the 
     training, oversight, and management of such Indian housing 
     and tenant-based assistance, including up to $300,000 for 
     related travel: Provided further, That of the amount provided 
     under this heading, $2,000,000 shall be made available for 
     the cost of guaranteed notes and other obligations, as 
     authorized by title VI of NAHASDA: Provided further, That 
     such costs, including the costs of modifying such notes and 
     other obligations, shall be as defined in section 502 of the 
     Congressional Budget Act of 1974, as amended: Provided 
     further, That these funds are available to subsidize the 
     total principal amount of any notes and other obligations, 
     any part of which is to be guaranteed, not to exceed 
     $18,000,000.

                  native hawaiian housing block grant

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

           indian housing loan guarantee fund program account

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

      native hawaiian housing loan guarantee fund program account

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

                   Community Planning and Development

              housing opportunities for persons with aids

       For carrying out the Housing Opportunities for Persons with 
     AIDS program, as authorized by the AIDS Housing Opportunity 
     Act (42 U.S.C. 12901 et seq.), $320,000,000, to remain 
     available until September 30, 2011, except that amounts 
     allocated pursuant to section 854(c)(3) of such Act shall 
     remain available until September 30, 2012: Provided, That the 
     Secretary shall renew all expiring contracts for permanent 
     supportive housing that were funded under section 854(c)(3) 
     of such Act that meet all program requirements before 
     awarding funds for new contracts and activities authorized 
     under this section.

                       community development fund

                     (including transfer of funds)

       For assistance to units of State and local government, and 
     to other entities, for economic and community development 
     activities, and for other purposes, $4,450,000,000, to remain 
     available until September 30, 2012, unless otherwise 
     specified: Provided, That of the total amount provided, 
     $3,992,000,000 is for carrying out the community development 
     block grant program under title I of the Housing and 
     Community Development Act of 1974, as amended (the ``Act'' 
     herein) (42 U.S.C. 5301 et seq.): Provided further, That 
     unless explicitly provided for under this heading (except for 
     planning grants provided in the second paragraph and amounts 
     made available under the third paragraph), not to exceed 20 
     percent of any grant made with funds appropriated under this 
     heading shall be expended for planning and management 
     development and administration: Provided further, That 
     $65,000,000 shall be for grants to Indian tribes 
     notwithstanding section 106(a)(1) of such Act, of which, 
     notwithstanding any other provision of law (including section 
     204 of this Act), up to $3,960,000 may be used for 
     emergencies that constitute imminent threats to health and 
     safety.
       Of the amount made available under this heading, 
     $171,000,000 shall be available for grants for the Economic 
     Development Initiative (EDI) to finance a variety of targeted 
     economic investments in accordance with the terms and 
     conditions specified in the explanatory statement 
     accompanying this Act: Provided, That none of the funds 
     provided under this paragraph may be used for program 
     operations: Provided further, That, for fiscal years 2007, 
     2008 and 2009, no unobligated funds for EDI grants may be 
     used for any purpose except acquisition, planning, design, 
     purchase of equipment, revitalization, redevelopment or 
     construction.
       Of the amount made available under this heading, 
     $22,000,000 shall be available for neighborhood initiatives 
     that are utilized to improve the conditions of distressed and 
     blighted areas and neighborhoods, to stimulate investment, 
     economic diversification, and community revitalization in 
     areas with population outmigration or a stagnating or 
     declining economic base, or to determine whether housing 
     benefits can be integrated more effectively with welfare 
     reform initiatives: Provided, That amounts made available 
     under this paragraph shall be provided in accordance with the 
     terms and conditions specified in the explanatory statement 
     accompanying this Act.
       The referenced explanatory statement under this heading in 
     title II of division K of Public Law 110-161 is deemed to be 
     amended by striking ``Old Town Boys and Girls Club, 
     Albuquerque, NM, for renovation of the existing Old Town Boys 
     and Girls Club accompanied by construction of new areas for 
     the Club'' and inserting ``Old Town Boys and Girls Club, 
     Albuquerque, NM, for renovation of the Heights Boys and Girls 
     Club''.
       The referenced explanatory statement under this heading in 
     division I of Public Law 111-8 is deemed to be amended with 
     respect to ``Hawaii County Office of Housing and Community 
     Development, HI'' by striking ``Senior Housing Renovation 
     Project'' and inserting ``Transitional Housing Project''.
       The referenced explanatory statement under the heading 
     ``Community Development Fund''

[[Page 21393]]

     in title II of division K of Public Law 110-161 is deemed to 
     be amended with respect to ``Emergency Housing Consortium in 
     San Jose, CA'' by striking ``for construction of the Sobrato 
     Transitional Center, a residential facility for homeless 
     individuals and families'' and inserting ``for improvements 
     to homeless services and prevention facilities''.
       Of the amounts made available under this heading, 
     $150,000,000 shall be made available for a Sustainable 
     Communities Initiative to improve regional planning efforts 
     that integrate housing and transportation decisions, and 
     increase the capacity to improve land use and zoning: 
     Provided, That $100,000,000 shall be for Regional Integrated 
     Planning Grants to support the linking of transportation and 
     land use planning: Provided further, That not less than 
     $25,000,000 of the funding made available for Regional 
     Integrated Planning Grants shall be awarded to metropolitan 
     areas of less than 500,000: Provided further, That 
     $40,000,000 shall be for Community Challenge Planning Grants 
     to foster reform and reduce barriers to achieve affordable, 
     economically vital, and sustainable communities: Provided 
     further, That before funding is made available for Regional 
     Integrated Planning Grants or Community Challenge Planning 
     Grants, the Secretary, in coordination with the Secretary of 
     Transportation, shall submit a plan to the House and Senate 
     Committees on Appropriations, the Senate Committee on Banking 
     and Urban Affairs, and the House Committee on Financial 
     Services establishing grant criteria as well as performance 
     measures by which the success of grantees will be measured: 
     Provided further, That the Secretary will consult with the 
     Secretary of Transportation in selecting grant recipients: 
     Provided further, That up to $10,000,000 shall be for a joint 
     Department of Housing and Urban Development and Department of 
     Transportation research effort that shall include a rigorous 
     evaluation of the Regional Integrated Planning Grants and 
     Community Challenge Planning Grants programs: Provided 
     further, That of the amounts made available under this 
     heading, $25,000,000 shall be made available for the Rural 
     Innovation Fund for grants to Indian tribes, State housing 
     finance agencies, State community and/or economic development 
     agencies, local rural nonprofits and community development 
     corporations to address the problems of concentrated rural 
     housing distress and community poverty: Provided further, 
     That of the funding made available under the previous 
     proviso, $10,000,000 shall be made available to promote 
     economic development and entrepreneurship for federally 
     recognized Indian Tribes, through activities including the 
     capitalization of revolving loan programs and business 
     planning and development, funding is also made available for 
     technical assistance to increase capacity through training 
     and outreach activities: Provided further, That of the 
     amounts made available under this heading, $25,000,000 is for 
     grants pursuant to section 107 of the Housing and Community 
     Development Act of 1974 (42 U.S.C. 5307).

         community development loan guarantees program account

       Subject to section 502 of the Congressional Budget Act of 
     1974, during fiscal year 2010, commitments to guarantee loans 
     under section 108 of the Housing and Community Development 
     Act of 1974, any part of which is guaranteed, shall not 
     exceed a total principal amount of $275,000,000, 
     notwithstanding any aggregate limitation on outstanding 
     obligations guaranteed in subsection (k) of such section 108: 
     Provided, That the Secretary shall collect fees from 
     borrowers, notwithstanding subsection (m) of such section 
     108, to result in a credit subsidy cost of zero, and such 
     fees shall be collected in accordance with section 502(7) of 
     the Congressional Budget Act of 1974.

                  home investment partnerships program

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

        self-help and assisted homeownership opportunity program

       For the Self-Help and Assisted Homeownership Opportunity 
     Program, as authorized under section 11 of the Housing 
     Opportunity Program Extension Act of 1996, as amended, 
     $85,000,000, to remain available until September 30, 2012: 
     Provided, That of the total amount provided under this 
     heading, $27,000,000 shall be made available to the Self-Help 
     and Assisted Homeownership Opportunity Program as authorized 
     under section 11 of the Housing Opportunity Program Extension 
     Act of 1996, as amended: Provided further, That $50,000,000 
     shall be made available for the second, third and fourth 
     capacity building activities authorized under section 4(a) of 
     the HUD Demonstration Act of 1993 (42 U.S.C. 9816 note), of 
     which not less than $5,000,000 may be made available for 
     rural capacity building activities: Provided further, That 
     $8,000,000 shall be made available for capacity building 
     activities as authorized in sections 6301 through 6305 of 
     Public Law 110-246.

                       homeless assistance grants

                     (including transfer of funds)

       For the emergency shelter grants program as authorized 
     under subtitle B of title IV of the McKinney-Vento Homeless 
     Assistance Act, as amended; the supportive housing program as 
     authorized under subtitle C of title IV of such Act; the 
     section 8 moderate rehabilitation single room occupancy 
     program as authorized under the United States Housing Act of 
     1937, as amended, to assist homeless individuals pursuant to 
     section 441 of the McKinney-Vento Homeless Assistance Act; 
     and the shelter plus care program as authorized under 
     subtitle F of title IV of such Act, $1,875,000,000, of which 
     $1,870,000,000 shall remain available until September 30, 
     2012, and of which $5,000,000 shall remain available until 
     expended for rehabilitation projects with 10-year grant 
     terms: Provided, That not less than 30 percent of funds made 
     available, excluding amounts provided for renewals under the 
     Shelter Plus Care Program and emergency shelter grants, shall 
     be used for permanent housing for individuals and families: 
     Provided further, That all funds awarded for services shall 
     be matched by not less than 25 percent in funding by each 
     grantee: Provided further, That for all match requirements 
     applicable to funds made available under this heading for 
     this fiscal year and prior years, a grantee may use (or could 
     have used) as a source of match funds other funds 
     administered by the Secretary and other Federal agencies 
     unless there is (or was) a specific statutory prohibition on 
     any such use of any such funds: Provided further, That the 
     Secretary shall renew on an annual basis expiring contracts 
     or amendments to contracts funded under the shelter plus care 
     program if the program is determined to be needed under the 
     applicable continuum of care and meets appropriate program 
     requirements and financial standards, as determined by the 
     Secretary: Provided further, That all awards of assistance 
     under this heading shall be required to coordinate and 
     integrate homeless programs with other mainstream health, 
     social services, and employment programs for which homeless 
     populations may be eligible, including Medicaid, State 
     Children's Health Insurance Program, Temporary Assistance for 
     Needy Families, Food Stamps, and services funding through the 
     Mental Health and Substance Abuse Block Grant, Workforce 
     Investment Act, and the Welfare-to-Work grant program: 
     Provided further, That up to $6,000,000 of the funds 
     appropriated under this heading shall be available for the 
     national homeless data analysis project: Provided further, 
     That up to $12,750,000 of the funds made available under this 
     heading may be transferred to and merged with the 
     appropriation for ``Transformation Initiative'':  Provided 
     further, That all balances for Shelter Plus Care renewals 
     previously funded from the Shelter Plus Care Renewal account 
     and transferred to this account shall be available, if 
     recaptured, for Shelter Plus Care renewals in fiscal year 
     2010.

                            Housing Programs

                    project-based rental assistance

                     (including transfer of funds)

       For activities and assistance for the provision of project-
     based subsidy contracts under the United States Housing Act 
     of 1937 (42 U.S.C. 1437 et seq.) (``the Act''), not otherwise 
     provided for, $7,700,000,000, to remain available until 
     expended, shall be available on October 1, 2009, and 
     $400,000,000, to remain available until expended, shall be 
     available on October 1, 2010: Provided, That the amounts made 
     available under this heading are provided as follows:
       (1) Up to $7,868,000,000 shall be available for expiring or 
     terminating section 8 project-based subsidy contracts 
     (including section 8 moderate rehabilitation contracts), for 
     amendments to section 8 project-based subsidy contracts 
     (including section 8 moderate rehabilitation contracts), for 
     contracts entered into pursuant to section 441 of the 
     McKinney-Vento Homeless Assistance Act (42 U.S.C. 11401), for 
     renewal of section 8 contracts for units in projects that are 
     subject to approved plans of action under the Emergency Low 
     Income Housing Preservation Act of 1987 or the Low-Income 
     Housing Preservation and Resident Homeownership Act of 1990, 
     and for administrative and other expenses associated with 
     project-based activities and assistance funded under this 
     paragraph.
       (2) Not less than $232,000,000 but not to exceed 
     $258,000,000 shall be available for performance-based 
     contract administrators for section 8 project-based 
     assistance: Provided, That the Secretary of Housing and Urban 
     Development may also use such amounts for performance-based 
     contract administrators for the administration of: interest 
     reduction payments pursuant to section 236(a) of the National 
     Housing Act (12 U.S.C. 1715z-1(a)); rent supplement payments 
     pursuant to section 101 of the Housing and Urban Development 
     Act of 1965 (12 U.S.C. 1701s); section 236(f)(2) rental 
     assistance payments (12 U.S.C. 1715z-1(f)(2)); project rental 
     assistance contracts for the elderly under section 202(c)(2) 
     of the Housing Act of 1959 (12 U.S.C. 1701q); project rental 
     assistance contracts for supportive housing for persons with 
     disabilities under section 811(d)(2) of the Cranston-Gonzalez 
     National Affordable Housing Act (42 U.S.C. 8013(d)(2)); 
     project assistance contracts pursuant to section 202(h) of 
     the Housing Act of 1959 (Public Law 86-372; 73 Stat. 667); 
     and loans under section 202 of the Housing Act of 1959 
     (Public Law 86-372; 73 Stat. 667).
       (3) Not to exceed $20,000,000 provided under this heading 
     may be transferred to and merged with the appropriation for 
     ``Transformation Initiative''.
       (4) Amounts recaptured under this heading, the heading 
     ``Annual Contributions for Assisted Housing'', or the heading 
     ``Housing Certificate

[[Page 21394]]

     Fund'' may be used for renewals of or amendments to section 8 
     project-based contracts or for performance-based contract 
     administrators, notwithstanding the purposes for which such 
     amounts were appropriated.

                        housing for the elderly

                     (including transfer of funds)

       For capital advances, including amendments to capital 
     advance contracts, for housing for the elderly, as authorized 
     by section 202 of the Housing Act of 1959, as amended, and 
     for project rental assistance for the elderly under section 
     202(c)(2) of such Act, including amendments to contracts for 
     such assistance and renewal of expiring contracts for such 
     assistance for up to a 1-year term, and for supportive 
     services associated with the housing, $785,000,000, to remain 
     available until September 30, 2013, of which up to 
     $542,000,000 shall be for capital advance and project-based 
     rental assistance awards: Provided, That amounts for project 
     rental assistance contracts are to remain available for the 
     liquidation of valid obligations for 10 years following the 
     date of such obligation:  Provided further, That of the 
     amount provided under this heading, up to $90,000,000 shall 
     be for service coordinators and the continuation of existing 
     congregate service grants for residents of assisted housing 
     projects, and of which up to $25,000,000 shall be for grants 
     under section 202b of the Housing Act of 1959 (12 U.S.C. 
     1701q-2) for conversion of eligible projects under such 
     section to assisted living or related use and for substantial 
     and emergency capital repairs as determined by the Secretary: 
     Provided further, That of the amount made available under 
     this heading, $20,000,000 shall be available to the Secretary 
     of Housing and Urban Development only for making competitive 
     grants to private nonprofit organizations and consumer 
     cooperatives for covering costs of architectural and 
     engineering work, site control, and other planning relating 
     to the development of supportive housing for the elderly that 
     is eligible for assistance under section 202 of the Housing 
     Act of 1959 (12 U.S.C. 1701q): Provided further, That amounts 
     under this heading shall be available for Real Estate 
     Assessment Center inspections and inspection-related 
     activities associated with section 202 capital advance 
     projects: Provided further, That the Secretary may waive the 
     provisions of section 202 governing the terms and conditions 
     of project rental assistance, except that the initial 
     contract term for such assistance shall not exceed 5 years in 
     duration.

                 housing for persons with disabilities

                     (including transfer of funds)

       For capital advance contracts, including amendments to 
     capital advance contracts, for supportive housing for persons 
     with disabilities, as authorized by section 811 of the 
     Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 
     8013), for project rental assistance for supportive housing 
     for persons with disabilities under section 811(d)(2) of such 
     Act, including amendments to contracts for such assistance 
     and renewal of expiring contracts for such assistance for up 
     to a 1-year term, and for supportive services associated with 
     the housing for persons with disabilities as authorized by 
     section 811(b)(1) of such Act, and for tenant-based rental 
     assistance contracts entered into pursuant to section 811 of 
     such Act, $265,000,000, of which up to $129,000,000 shall be 
     for capital advances and project-based rental assistance 
     contracts, to remain available until September 30, 2013: 
     Provided, That amounts for project rental assistance 
     contracts are to remain available for the liquidation of 
     valid obligations for 10 years following the date of such 
     obligation:  Provided further, That, of the amount provided 
     under this heading, $87,100,000 shall be for amendments or 
     renewal of tenant-based assistance contracts entered into 
     prior to fiscal year 2005 (only one amendment authorized for 
     any such contract): Provided further, That all tenant-based 
     assistance made available under this heading shall continue 
     to remain available only to persons with disabilities: 
     Provided further, That the Secretary may waive the provisions 
     of section 811 governing the terms and conditions of project 
     rental assistance and tenant-based assistance, except that 
     the initial contract term for such assistance shall not 
     exceed 5 years in duration: Provided further, That amounts 
     made available under this heading shall be available for Real 
     Estate Assessment Center inspections and inspection-related 
     activities associated with section 811 Capital Advance 
     Projects.

                     Housing Counseling Assistance

       For contracts, grants, and other assistance excluding 
     loans, as authorized under section 106 of the Housing and 
     Urban Development Act of 1968, as amended, $100,000,000, 
     including up to $2,500,000 for administrative contract 
     services, to remain available until September 30, 2011: 
     Provided, That funds shall be used for providing counseling 
     and advice to tenants and homeowners, both current and 
     prospective, with respect to property maintenance, financial 
     management/literacy, and such other matters as may be 
     appropriate to assist them in improving their housing 
     conditions, meeting their financial needs, and fulfilling the 
     responsibilities of tenancy or homeownership; for program 
     administration; and for housing counselor training: Provided 
     further, That of the amounts made available under this 
     heading, not less than $15,000,000 shall be awarded to HUD-
     certified housing counseling agencies located in the 100 
     metropolitan statistical areas with the highest rate of home 
     foreclosures for the purpose of assisting homeowners with 
     inquiries regarding mortgage-modification assistance and 
     mortgage scams.

                         Energy Innovation Fund

       For an Energy Innovation Fund to enable the Federal Housing 
     Administration and the new Office of Sustainability to 
     catalyze innovations in the residential energy efficiency 
     sector that have promise of replicability and help create a 
     standardized home energy efficient retrofit market, 
     $75,000,000, to remain available until September 30, 2013: 
     Provided, That $20,000,000 shall be for the Energy Efficient 
     Mortgage Innovation pilot program, directed at the single 
     family housing market: Provided further, That $20,000,000 
     shall be for the Multifamily Energy Pilot, directed at the 
     multifamily housing market: Provided further, That 
     $35,000,000 shall be for the Local Initiatives Fund so as to 
     leverage additional public and private sector capital to 
     stimulate the development of model residential energy 
     efficient retrofits in ten or more communities: Provided 
     further, That selected communities shall have demonstrated 
     capacity to conduct energy efficient retrofit activities, and 
     no community shall receive more than $10,000,000.

                    other assisted housing programs

                       rental housing assistance

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

                            rent supplement

                              (rescission)

       Of the amounts recaptured from terminated contracts under 
     section 101 of the Housing and Urban Development Act of 1965 
     (12 U.S.C. 1701s) and section 236 of the National Housing Act 
     (12 U.S.C. 1715z-1) $27,600,000 are rescinded hereby 
     permanently cancelled: Provided, That no amounts may be 
     cancelled from amounts that were designated by the Congress 
     as an emergency requirement pursuant to the Concurrent 
     Resolution on the Budget or the Balanced Budget and Emergency 
     Deficit Control Act of 1985, as amended.

            payment to manufactured housing fees trust fund

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

                     Federal Housing Administration

               mutual mortgage insurance program account

                     (including transfers of funds)

       During fiscal year 2010, commitments to guarantee single 
     family loans insured under the Mutual Mortgage Insurance Fund 
     shall not exceed a loan principal of $400,000,000,000: 
     Provided, That for the cost of new guaranteed loans, as 
     authorized by section 255 of the National Housing Act (12 
     U.S.C. 1715z-20), $288,000,000; and, in addition, to the 
     extent that new guaranteed loan commitments under section 255 
     will and do exceed $30,000,000,000, an additional $26,600 
     shall be available for each $1,000,000 in such additional 
     commitments (including a pro rata amount for any new 
     guaranteed loan commitment amount below $1,000,000): Provided 
     further, That the Secretary shall reduce the principal limit 
     factors applicable to mortgage loans insured under such 
     section 255 in fiscal year 2010 by 5 percent from what was 
     assumed for calculating the subsidy rates published in the 
     President's budget for fiscal year 2010: Provided further, 
     That during fiscal year 2010, obligations to make direct 
     loans to carry out the purposes of section 204(g) of the 
     National Housing Act, as amended, shall not exceed 
     $50,000,000: Provided further, That the foregoing amount 
     shall be for loans to nonprofit and governmental entities in 
     connection with sales of single family real properties owned 
     by the Secretary and formerly insured under the Mutual 
     Mortgage Insurance Fund. For administrative contract 
     expenses, of the federal housing 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

[[Page 21395]]

     FHA single family loan products: Provided further, That to 
     the extent guaranteed loan commitments exceed 
     $200,000,000,000 on or before April 1, 2010, an additional 
     $1,400 for administrative contract expenses shall be 
     available for each $1,000,000 in additional guaranteed loan 
     commitments (including a pro rata amount for any amount below 
     $1,000,000), but in no case shall funds made available by 
     this proviso exceed $30,000,000.

                general and special risk program account

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

                Government National Mortgage Association

guarantees of mortgage-backed securities loan guarantee program account

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

                    Policy Development and Research

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

                   Fair Housing and Equal Opportunity

                        fair housing activities

       For contracts, grants, and other assistance, not otherwise 
     provided for, as authorized by title VIII of the Civil Rights 
     Act of 1968, as amended by the Fair Housing Amendments Act of 
     1988, and section 561 of the Housing and Community 
     Development Act of 1987, as amended,  $72,000,000, to remain 
     available until September 30, 2011, of which $42,500,000 
     shall be to carry out activities pursuant to such section 561 
     of which up to $2,000,000 shall be made available to carryout 
     authorized activities to protect the public from mortgage 
     rescue scams: Provided, That notwithstanding 31 U.S.C. 3302, 
     the Secretary may assess and collect fees to cover the costs 
     of the Fair Housing Training Academy, and may use such funds 
     to provide such training: Provided further, That no funds 
     made available under this heading shall be used to lobby the 
     executive or legislative branches of the Federal Government 
     in connection with a specific contract, grant or loan: 
     Provided further, That of the funds made available under this 
     heading, $500,000 shall be available to the Secretary of 
     Housing and Urban Development for the creation and promotion 
     of translated materials and other programs that support the 
     assistance of persons with limited English proficiency in 
     utilizing the services provided by the Department of Housing 
     and Urban Development.

            Office of Lead Hazard Control and Healthy Homes

                         lead hazard reduction

       For the Lead Hazard Reduction Program, as Authorized by 
     section 1011 of the Residential Lead-Based Paint Hazard 
     Reduction Act of 1992, $140,000,000, to remain available 
     until September 30, 2011, of which not less than $20,000,000 
     shall be for the Healthy Homes Initiative, pursuant to 
     sections 501 and 502 of the Housing and Urban Development Act 
     of 1970 that shall include research, studies, testing, and 
     demonstration efforts, including education and outreach 
     concerning lead-based paint poisoning and other housing-
     related diseases and hazards: Provided, That for purposes of 
     environmental review, pursuant to the National Environmental 
     Policy Act of 1969 (42 U.S.C. 4321 et seq.) and other 
     provisions of the law that further the purposes of such Act, 
     a grant under the Healthy Homes Initiative, Operation Lead 
     Elimination Action Plan (LEAP), or the Lead Technical Studies 
     program under this heading or under prior appropriations Acts 
     for such purposes under this heading, shall be considered to 
     be funds for a special project for purposes of section 305(c) 
     of the Multifamily Housing Property Disposition Reform Act of 
     1994: Provided further, That of the total amount made 
     available under this heading, $48,000,000 shall be made 
     available on a competitive basis for areas with the highest 
     lead paint abatement needs: Provided further, That each 
     recipient of funds provided under the second proviso shall 
     make a matching contribution in an amount not less than 25 
     percent: Provided further, That the Secretary may waive the 
     matching requirement cited in the preceding proviso on a case 
     by case basis if the Secretary determines that such a waiver 
     is necessary to advance the purposes of this program: 
     Provided further, That each applicant shall submit a detailed 
     plan and strategy that demonstrates adequate capacity that is 
     acceptable to the Secretary to carry out the proposed use of 
     funds pursuant to a notice of funding availability: Provided 
     further, That amounts made available under this heading in 
     this or prior appropriations Acts, and that still remain 
     available, may be used for any purpose under this heading 
     notwithstanding the purpose for which such amounts were 
     appropriated if a program competition is undersubscribed and 
     there are other program competitions under this heading that 
     are oversubscribed: Provided further, That of the total 
     amount made available under this heading, $250,000 shall be 
     allocated through the Office of Healthy Homes and Lead Hazard 
     Control to conduct communications and outreach to potential 
     applicants to the Lead Hazard Reduction Demonstration Grant 
     program.

                     Management and Administration

                          working capital fund

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

                      office of inspector general

       For necessary salaries and expenses of the Office of 
     Inspector General in carrying out the Inspector General Act 
     of 1978, as amended, $126,000,000: Provided, That the 
     Inspector General shall have independent authority over all 
     personnel issues within this office.

                       transformation initiative

                     (including transfer of funds)

       For necessary expenses for combating mortgage fraud, 
     $20,000,000, to remain available until expended.
       In addition, of the amounts made available in this Act 
     under each of the following headings under this title, the 
     Secretary may transfer to, and merge with, this account up to 
     1 percent from each such account, and such transferred 
     amounts shall be available until September 30, 2013, for (1) 
     research, evaluation, and program metrics; (2) program 
     demonstrations; (3) technical assistance and capacity 
     building; and (4) information technology: ``Public Housing 
     Capital Fund'', ``Choice Neighborhoods Initiative'', ``Energy 
     Innovation Fund'', ``Housing Opportunities for Persons With 
     AIDS'', ``Community Development Fund'', ``HOME Investment 
     Partnerships Program'', ``Self-Help and Assisted 
     Homeownership Opportunity Program'', ``Housing for the 
     Elderly'', ``Housing for Persons With Disabilities'', 
     ``Housing Counseling Assistance'', ``Payment to Manufactured 
     Housing Fees Trust Fund'', ``Mutual Mortgage Insurance 
     Program Account'', ``General and Special Risk Program 
     Account'', ``Research and Technology'', ``Lead Hazard 
     Reduction'', ``Rental Housing Assistance'', and ``Fair 
     Housing Activities'': Provided, That of the amounts made 
     available under this paragraph, not less than $100,000,000 
     shall be available for information technology modernization, 
     including development and deployment of a Next Generation of 
     Voucher Management System and development and deployment of 
     modernized Federal Housing Administration systems: Provided 
     further, That not more than 25 percent of the funds made 
     available for information technology modernization may be 
     obligated until the Secretary submits to the Committees on 
     Appropriations a plan for expenditure that (1) identifies for 
     each modernization project (a) the functional and performance 
     capabilities to be delivered and the mission benefits to be 
     realized, (b) the estimated lifecycle cost, and (c) key 
     milestones to be met; (2) demonstrates that each 
     modernization project is (a) compliant with the department's 
     enterprise architecture, (b) being managed in accordance with 
     applicable lifecycle management policies and guidance, (c) 
     subject to the department's capital planning and investment 
     control requirements, and (d) supported by an adequately 
     staffed project office; and (3) has been reviewed by the 
     Government Accountability Office: Provided further, That of 
     the amounts made available under this paragraph, not less 
     than $40,000,000 shall be available for technical assistance 
     and capacity building: Provided further, That technical 
     assistance activities shall include, technical assistance for 
     HUD programs, including HOME, Community Development Block 
     Grant, homeless programs, HOPE VI, Choice Neighborhoods, 
     Public Housing, the Housing Choice Voucher Program, Fair 
     Housing Initiative Program, Housing Counseling, Health Homes, 
     Sustainable Communities, Energy Innovation Fund and other 
     technical assistance as determined by the Secretary: Provided 
     further, That of the amounts made available for research, 
     evaluation and program metrics and program demonstrations, 
     the Secretary shall include an assessment of the housing 
     needs of Native Americans: Provided further, That of the 
     amounts made available for research, evaluation and program 
     metrics and program demonstrations, the Secretary shall 
     include planning,

[[Page 21396]]

     demonstrations, or evaluations related to pre-purchase 
     housing counseling and the Moving-to-Work demonstration 
     program: Provided further, That the Secretary shall submit a 
     plan to the House and Senate Committees on Appropriations for 
     approval detailing how the funding provided under this 
     heading will be allocated to each of the four categories 
     identified under this heading and for what projects or 
     activities funding will be used: Provided further, That 
     following the initial approval of this plan, the Secretary 
     may amend the plan with the approval of the House and Senate 
     Committees on Appropriations. 

    General Provisions--Department of Housing and Urban Development

                    (including rescission of funds)

       Sec. 201.  Fifty percent of the amounts of budget 
     authority, or in lieu thereof 50 percent of the cash amounts 
     associated with such budget authority, that are recaptured 
     from projects described in section 1012(a) of the Stewart B. 
     McKinney Homeless Assistance Amendments Act of 1988 (42 
     U.S.C. 1437 note) shall be rescission or in the case of cash, 
     shall be remitted to the Treasury, and such amounts of budget 
     authority or cash recaptured and not rescission or remitted 
     to the Treasury shall be used by State housing finance 
     agencies or local governments or local housing agencies with 
     projects approved by the Secretary of Housing and Urban 
     Development for which settlement occurred after January 1, 
     1992, in accordance with such section. Notwithstanding the 
     previous sentence, the Secretary may award up to 15 percent 
     of the budget authority or cash recaptured and not rescission 
     or remitted to the Treasury to provide project owners with 
     incentives to refinance their project at a lower interest 
     rate.
       Sec. 202.  None of the amounts made available under this 
     Act may be used during fiscal year 2010 to investigate or 
     prosecute under the Fair Housing Act any otherwise lawful 
     activity engaged in by one or more persons, including the 
     filing or maintaining of a non-frivolous legal action, that 
     is engaged in solely for the purpose of achieving or 
     preventing action by a Government official or entity, or a 
     court of competent jurisdiction.
       Sec. 203. (a) Notwithstanding section 854(c)(1)(A) of the 
     AIDS Housing Opportunity Act (42 U.S.C. 12903(c)(1)(A)), from 
     any amounts made available under this title for fiscal year 
     2010 that are allocated under such section, the Secretary of 
     Housing and Urban Development shall allocate and make a 
     grant, in the amount determined under subsection (b), for any 
     State that--
       (1) received an allocation in a prior fiscal year under 
     clause (ii) of such section; and
       (2) is not otherwise eligible for an allocation for fiscal 
     year 2010 under such clause (ii) because the areas in the 
     State outside of the metropolitan statistical areas that 
     qualify under clause (I) in fiscal year 2010 do not have the 
     number of cases of acquired immunodeficiency syndrome (AIDS) 
     required under such clause.
       (b) The amount of the allocation and grant for any State 
     described in subsection (a) shall be an amount based on the 
     cumulative number of AIDS cases in the areas of that State 
     that are outside of metropolitan statistical areas that 
     qualify under clause (I) of such section 854(c)(1)(A) in 
     fiscal year 2010, in proportion to AIDS cases among cities 
     and States that qualify under clauses (I) and (ii) of such 
     section and States deemed eligible under subsection (a).
       (c) Notwithstanding any other provision of law, the amount 
     allocated for fiscal year 2010 under section 854(c) of the 
     AIDS Housing Opportunity Act (42 U.S.C. 12903(c)), to the 
     City of New York, New York, on behalf of the New York-Wayne-
     White Plains, New York-New Jersey Metropolitan Division 
     (hereafter ``metropolitan division'') of the New York-Newark-
     Edison, NY-NJ-PA Metropolitan Statistical Area, shall be 
     adjusted by the Secretary of Housing and Urban Development 
     by: (1) allocating to the City of Jersey City, New Jersey, 
     the proportion of the metropolitan area's or division's 
     amount that is based on the number of cases of AIDS reported 
     in the portion of the metropolitan area or division that is 
     located in Hudson County, New Jersey, and adjusting for the 
     proportion of the metropolitan division's high incidence 
     bonus if this area in New Jersey also has a higher than 
     average per capita incidence of AIDS; and (2) allocating to 
     the City of Paterson, New Jersey, the proportion of the 
     metropolitan area's or division's amount that is based on the 
     number of cases of AIDS reported in the portion of the 
     metropolitan area or division that is located in Bergen 
     County and Passaic County, New Jersey, and adjusting for the 
     proportion of the metropolitan division's high incidence 
     bonus if this area in New Jersey also has a higher than 
     average per capita incidence of AIDS. The recipient cities 
     shall use amounts allocated under this subsection to carry 
     out eligible activities under section 855 of the AIDS Housing 
     Opportunity Act (42 U.S.C. 12904) in their respective 
     portions of the metropolitan division that is located in New 
     Jersey.
       (d) Notwithstanding any other provision of law, the amount 
     allocated for fiscal year 2010 under section 854(c) of the 
     AIDS Housing Opportunity Act (42 U.S.C. 12903(c)) to areas 
     with a higher than average per capita incidence of AIDS, 
     shall be adjusted by the Secretary on the basis of area 
     incidence reported over a 3 year period.
       Sec. 204.  Except as explicitly provided in law, any grant, 
     cooperative agreement or other assistance made pursuant to 
     title II of this Act shall be made on a competitive basis and 
     in accordance with section 102 of the Department of Housing 
     and Urban Development Reform Act of 1989 (42 U.S.C. 3545).
       Sec. 205.  Funds of the Department of Housing and Urban 
     Development subject to the Government Corporation Control Act 
     or section 402 of the Housing Act of 1950 shall be available, 
     without regard to the limitations on administrative expenses, 
     for legal services on a contract or fee basis, and for 
     utilizing and making payment for services and facilities of 
     the Federal National Mortgage Association, Government 
     National Mortgage Association, Federal Home Loan Mortgage 
     Corporation, Federal Financing Bank, Federal Reserve banks or 
     any member thereof, Federal Home Loan banks, and any insured 
     bank within the meaning of the Federal Deposit Insurance 
     Corporation Act, as amended (12 U.S.C. 1811--1).
       Sec. 206.  Unless otherwise provided for in this Act or 
     through a reprogramming of funds, no part of any 
     appropriation for the Department of Housing and Urban 
     Development shall be available for any program, project or 
     activity in excess of amounts set forth in the budget 
     estimates submitted to Congress.
       Sec. 207.  Corporations and agencies of the Department of 
     Housing and Urban Development which are subject to the 
     Government Corporation Control Act, are hereby authorized to 
     make such expenditures, within the limits of funds and 
     borrowing authority available to each such corporation or 
     agency and in accordance with law, and to make such contracts 
     and commitments without regard to fiscal year limitations as 
     provided by section 104 of such Act as may be necessary in 
     carrying out the programs set forth in the budget for 2010 
     for such corporation or agency except as hereinafter 
     provided: Provided, That collections of these corporations 
     and agencies may be used for new loan or mortgage purchase 
     commitments only to the extent expressly provided for in this 
     Act (unless such loans are in support of other forms of 
     assistance provided for in this or prior appropriations 
     Acts), except that this proviso shall not apply to the 
     mortgage insurance or guaranty operations of these 
     corporations, or where loans or mortgage purchases are 
     necessary to protect the financial interest of the United 
     States Government.
       Sec. 208.  The Secretary of Housing and Urban Development 
     shall provide quarterly reports to the House and Senate 
     Committees on Appropriations regarding all uncommitted, 
     unobligated, recaptured and excess funds in each program and 
     activity within the jurisdiction of the Department and shall 
     submit additional, updated budget information to these 
     Committees upon request.
       Sec. 209. (a) Notwithstanding any other provision of law, 
     the amount allocated for fiscal year 2010 under section 
     854(c) of the AIDS Housing Opportunity Act (42 U.S.C. 
     12903(c)), to the City of Wilmington, Delaware, on behalf of 
     the Wilmington, Delaware-Maryland-New Jersey Metropolitan 
     Division (hereafter ``metropolitan division''), shall be 
     adjusted by the Secretary of Housing and Urban Development by 
     allocating to the State of New Jersey the proportion of the 
     metropolitan division's amount that is based on the number of 
     cases of AIDS reported in the portion of the metropolitan 
     division that is located in New Jersey, and adjusting for the 
     proportion of the metropolitan division's high incidence 
     bonus if this area in New Jersey also has a higher than 
     average per capita incidence of AIDS. The State of New Jersey 
     shall use amounts allocated to the State under this 
     subsection to carry out eligible activities under section 855 
     of the AIDS Housing Opportunity Act (42 U.S.C. 12904) in the 
     portion of the metropolitan division that is located in New 
     Jersey.
       (b) Notwithstanding any other provision of law, the 
     Secretary of Housing and Urban Development shall allocate to 
     Wake County, North Carolina, the amounts that otherwise would 
     be allocated for fiscal year 2010 under section 854(c) of the 
     AIDS Housing Opportunity Act (42 U.S.C. 12903(c)) to the City 
     of Raleigh, North Carolina, on behalf of the Raleigh-Cary, 
     North Carolina Metropolitan Statistical Area. Any amounts 
     allocated to Wake County shall be used to carry out eligible 
     activities under section 855 of such Act (42 U.S.C. 12904) 
     within such metropolitan statistical area.
       (c) Notwithstanding section 854(c) of the AIDS Housing 
     Opportunity Act (42 U.S.C. 12903(c)), the Secretary of 
     Housing and Urban Development may adjust the allocation of 
     the amounts that otherwise would be allocated for fiscal year 
     2010 under section 854(c) of such Act, upon the written 
     request of an applicant, in conjunction with the State(s), 
     for a formula allocation on behalf of a metropolitan 
     statistical area, to designate the State or States in which 
     the metropolitan statistical area is located as the eligible 
     grantee(s) of the allocation. In the case that a metropolitan 
     statistical area involves more than one State, such amounts 
     allocated to each State shall be in proportion to the number 
     of cases of AIDS reported in the portion of the metropolitan 
     statistical area located in that State. Any amounts allocated 
     to a State under this section shall be used to carry out 
     eligible activities within the portion of the metropolitan 
     statistical area located in that State.
       Sec. 210.  The President's formal budget request for fiscal 
     year 2011, as well as the Department of Housing and Urban 
     Development's congressional budget justifications to be 
     submitted to the Committees on Appropriations of the House of 
     Representatives and the Senate, shall use the identical 
     account and sub-account structure provided under this Act.
       Sec. 211.  A public housing agency or such other entity 
     that administers Federal housing assistance for the Housing 
     Authority of the

[[Page 21397]]

     county of Los Angeles, California, the States of Alaska, 
     Iowa, and Mississippi shall not be required to include a 
     resident of public housing or a recipient of assistance 
     provided under section 8 of the United States Housing Act of 
     1937 on the board of directors or a similar governing board 
     of such agency or entity as required under section (2)(b) of 
     such Act. Each public housing agency or other entity that 
     administers Federal housing assistance under section 8 for 
     the Housing Authority of the county of Los Angeles, 
     California and the States of Alaska, Iowa and Mississippi 
     that chooses not to include a resident of Public Housing or a 
     recipient of section 8 assistance on the board of directors 
     or a similar governing board shall establish an advisory 
     board of not less than six residents of public housing or 
     recipients of section 8 assistance to provide advice and 
     comment to the public housing agency or other administering 
     entity on issues related to public housing and section 8. 
     Such advisory board shall meet not less than quarterly.
       Sec. 212. (a) Notwithstanding any other provision of law, 
     subject to the conditions listed in subsection (b), for 
     fiscal years 2009 and 2010, the Secretary of Housing and 
     Urban Development may authorize the transfer of some or all 
     project-based assistance, debt and statutorily required low-
     income and very low-income use restrictions, associated with 
     one or more multifamily housing project to another 
     multifamily housing project or projects.
       (b) The transfer authorized in subsection (a) is subject to 
     the following conditions:
       (1) The number of low-income and very low-income units and 
     the net dollar amount of Federal assistance provided by the 
     transferring project shall remain the same in the receiving 
     project or projects.
       (2) The transferring project shall, as determined by the 
     Secretary, be either physically obsolete or economically non-
     viable.
       (3) The receiving project or projects shall meet or exceed 
     applicable physical standards established by the Secretary.
       (4) The owner or mortgagor of the transferring project 
     shall notify and consult with the tenants residing in the 
     transferring project and provide a certification of approval 
     by all appropriate local governmental officials.
       (5) The tenants of the transferring project who remain 
     eligible for assistance to be provided by the receiving 
     project or projects shall not be required to vacate their 
     units in the transferring project or projects until new units 
     in the receiving project are available for occupancy.
       (6) The Secretary determines that this transfer is in the 
     best interest of the tenants.
       (7) If either the transferring project or the receiving 
     project or projects meets the condition specified in 
     subsection (c)(2)(A), any lien on the receiving project 
     resulting from additional financing obtained by the owner 
     shall be subordinate to any FHA-insured mortgage lien 
     transferred to, or placed on, such project by the Secretary.
       (8) If the transferring project meets the requirements of 
     subsection (c)(2)(E), the owner or mortgagor of the receiving 
     project or projects shall execute and record either a 
     continuation of the existing use agreement or a new use 
     agreement for the project where, in either case, any use 
     restrictions in such agreement are of no lesser duration than 
     the existing use restrictions.
       (9) Any financial risk to the FHA General and Special Risk 
     Insurance Fund, as determined by the Secretary, would be 
     reduced as a result of a transfer completed under this 
     section.
       (10) The Secretary determines that Federal liability with 
     regard to this project will not be increased.
       (c) For purposes of this section--
       (1) the terms ``low-income'' and ``very low-income'' shall 
     have the meanings provided by the statute and/or regulations 
     governing the program under which the project is insured or 
     assisted;
       (2) the term ``multifamily housing project'' means housing 
     that meets one of the following conditions--
       (A) housing that is subject to a mortgage insured under the 
     National Housing Act;
       (B) housing that has project-based assistance attached to 
     the structure including projects undergoing mark to market 
     debt restructuring under the Multifamily Assisted Housing 
     Reform and Affordability Housing Act;
       (C) housing that is assisted under section 202 of the 
     Housing Act of 1959 as amended by section 801 of the 
     Cranston-Gonzales National Affordable Housing Act;
       (D) housing that is assisted under section 202 of the 
     Housing Act of 1959, as such section existed before the 
     enactment of the Cranston-Gonzales National Affordable 
     Housing Act; or
       (E) housing or vacant land that is subject to a use 
     agreement;
       (3) the term ``project-based assistance'' means--
       (A) assistance provided under section 8(b) of the United 
     States Housing Act of 1937;
       (B) assistance for housing constructed or substantially 
     rehabilitated pursuant to assistance provided under section 
     8(b)(2) of such Act (as such section existed immediately 
     before October 1, 1983);
       (C) rent supplement payments under section 101 of the 
     Housing and Urban Development Act of 1965;
       (D) interest reduction payments under section 236 and/or 
     additional assistance payments under section 236(f)(2) of the 
     National Housing Act; and
       (E) assistance payments made under section 202(c)(2) of the 
     Housing Act of 1959;
       (4) the term ``receiving project or projects'' means the 
     multifamily housing project or projects to which some or all 
     of the project-based assistance, debt, and statutorily 
     required use low-income and very low-income restrictions are 
     to be transferred;
       (5) the term ``transferring project'' means the multifamily 
     housing project which is transferring some or all of the 
     project-based assistance, debt and the statutorily required 
     low-income and very low-income use restrictions to the 
     receiving project or projects; and
       (6) the term ``Secretary'' means the Secretary of Housing 
     and Urban Development.
       Sec. 213.  The funds made available for Native Alaskans 
     under the heading ``Native American Housing Block Grants'' in 
     title III of this Act shall be allocated to the same Native 
     Alaskan housing block grant recipients that received funds in 
     fiscal year 2005.
       Sec. 214.  No funds provided under this title may be used 
     for an audit of the Government National Mortgage Association 
     that makes applicable requirements under the Federal Credit 
     Reform Act of 1990 (2 U.S.C. 661 et seq.).
       Sec. 215. (a) No assistance shall be provided under section 
     8 of the United States Housing Act of 1937 (42 U.S.C. 1437f) 
     to any individual who--
       (1) is enrolled as a student at an institution of higher 
     education (as defined under section 102 of the Higher 
     Education Act of 1965 (20 U.S.C. 1002));
       (2) is under 24 years of age;
       (3) is not a veteran;
       (4) is unmarried;
       (5) does not have a dependent child;
       (6) is not a person with disabilities, as such term is 
     defined in section 3(b)(3)(E) of the United States Housing 
     Act of 1937 (42 U.S.C. 1437a(b)(3)(E)) and was not receiving 
     assistance under such section 8 as of November 30, 2005; and
       (7) is not otherwise individually eligible, or has parents 
     who, individually or jointly, are not eligible, to receive 
     assistance under section 8 of the United States Housing Act 
     of 1937 (42 U.S.C. 1437f).
       (b) For purposes of determining the eligibility of a person 
     to receive assistance under section 8 of the United States 
     Housing Act of 1937 (42 U.S.C. 1437f), any financial 
     assistance (in excess of amounts received for tuition) that 
     an individual receives under the Higher Education Act of 1965 
     (20 U.S.C. 1001 et seq.), from private sources, or an 
     institution of higher education (as defined under the Higher 
     Education Act of 1965 (20 U.S.C. 1002)), shall be considered 
     income to that individual, except for a person over the age 
     of 23 with dependent children.
       Sec. 216.  Notwithstanding the limitation in the first 
     sentence of section 255(g) of the National Housing Act (12 
     U.S.C. 1715z-g), the Secretary of Housing and Urban 
     Development may, until September 30, 2010, insure and enter 
     into commitments to insure mortgages under section 255(g) of 
     the National Housing Act (12 U.S.C. 1715z-20).
       Sec. 217.  Notwithstanding any other provision of law, in 
     fiscal year 2010, in managing and disposing of any 
     multifamily property that is owned or has a mortgage held by 
     the Secretary of Housing and Urban Development, the Secretary 
     shall maintain any rental assistance payments under section 8 
     of the United States Housing Act of 1937 and other programs 
     that are attached to any dwelling units in the property. To 
     the extent the Secretary determines, in consultation with the 
     tenants and the local government, that such a multifamily 
     property owned or held by the Secretary is not feasible for 
     continued rental assistance payments under such section 8 or 
     other programs, based on consideration of (1) the costs of 
     rehabilitating and operating the property and all available 
     Federal, State, and local resources, including rent 
     adjustments under section 524 of the Multifamily Assisted 
     Housing Reform and Affordability Act of 1997 (``MAHRAA'') and 
     (2) environmental conditions that cannot be remedied in a 
     cost-effective fashion, the Secretary may, in consultation 
     with the tenants of that property, contract for project-based 
     rental assistance payments with an owner or owners of other 
     existing housing properties, or provide other rental 
     assistance. The Secretary shall also take appropriate steps 
     to ensure that project-based contracts remain in effect prior 
     to foreclosure, subject to the exercise of contractual 
     abatement remedies to assist relocation of tenants for 
     imminent major threats to health and safety. After 
     disposition of any multifamily property described under this 
     section, the contract and allowable rent levels on such 
     properties shall be subject to the requirements under section 
     524 of MAHRAA.
       Sec. 218.  The Secretary of Housing and Urban Development 
     shall report quarterly to the House of Representatives and 
     Senate Committees on Appropriations on HUD's use of all sole 
     source contracts, including terms of the contracts, cost, and 
     a substantive rationale for using a sole source contract.
       Sec. 219.  Notwithstanding any other provision of law, the 
     recipient of a grant under section 202b of the Housing Act of 
     1959 (12 U.S.C. 1701q) after December 26, 2000, in accordance 
     with the unnumbered paragraph at the end of section 202(b) of 
     such Act, may, at its option, establish a single-asset 
     nonprofit entity to own the project and may lend the grant 
     funds to such entity, which may be a private nonprofit 
     organization described in section 831 of the American 
     Homeownership and Economic Opportunity Act of 2000.
       Sec. 220. (a) The amounts provided under the subheading 
     ``Program Account'' under the

[[Page 21398]]

     heading ``Community Development Loan Guarantees'' may be used 
     to guarantee, or make commitments to guarantee, notes, or 
     other obligations issued by any State on behalf of non-
     entitlement communities in the State in accordance with the 
     requirements of section 108 of the Housing and Community 
     Development Act of 1974: Provided, That, any State receiving 
     such a guarantee or commitment shall distribute all funds 
     subject to such guarantee to the units of general local 
     government in non-entitlement areas that received the 
     commitment.
       (b) Not later than 60 days after the date of enactment of 
     this Act, the Secretary of Housing and Urban Development 
     shall promulgate regulations governing the administration of 
     the funds described under subsection (a).
       Sec. 221.  Section 24 of the United States Housing Act of 
     1937 (42 U.S.C. 1437v) is amended--
       (1) in subsection (m)(1), by striking ``2009'' and 
     inserting ``2010''; and
       (2) in subsection (o), by striking ``September 30, 2009'' 
     and inserting ``September 30, 2010''.
       Sec. 222.  Public housing agencies that own and operate 400 
     or fewer public housing units may elect to be exempt from any 
     asset management requirement imposed by the Secretary of 
     Housing and Urban Development in connection with the 
     operating fund rule: Provided, That an agency seeking a 
     discontinuance of a reduction of subsidy under the operating 
     fund formula shall not be exempt from asset management 
     requirements.
       Sec. 223.  With respect to the use of amounts provided in 
     this Act and in future Acts for the operation, capital 
     improvement and management of public housing as authorized by 
     sections 9(d) and 9(e) of the United States Housing Act of 
     1937 (42 U.S.C. 1437g(d) and (e)), the Secretary shall not 
     impose any requirement or guideline relating to asset 
     management that restricts or limits in any way the use of 
     capital funds for central office costs pursuant to section 
     9(g)(1) or 9(g)(2) of the United States Housing Act of 1937 
     (42 U.S.C. 1437g(g)(1), (2)): Provided, That a public housing 
     agency may not use capital funds authorized under section 
     9(d) for activities that are eligible under section 9(e) for 
     assistance with amounts from the operating fund in excess of 
     the amounts permitted under section 9(g)(1) or 9(g)(2).
       Sec. 224.  The Secretary of Housing and Urban Development 
     shall report quarterly to the House of Representatives and 
     Senate Committees on Appropriations on the status of all 
     section 8 project-based housing, including the number of all 
     project-based units by region as well as an analysis of all 
     federally subsidized housing being refinanced under the Mark-
     to-Market program. The Secretary shall in the report identify 
     all existing units maintained by region as section 8 project-
     based units and all project-based units that have opted out 
     of section 8 or have otherwise been eliminated as section 8 
     project-based units. The Secretary shall identify in detail 
     and by project all the efforts made by the Department to 
     preserve all section 8 project-based housing units and all 
     the reasons for any units which opted out or otherwise were 
     lost as section 8 project-based units. Such analysis shall 
     include a review of the impact of the loss of any subsidized 
     units in that housing marketplace, such as the impact of cost 
     and the loss of available subsidized, low-income housing in 
     areas with scarce housing resources for low-income families.
       Sec. 225.  No official or employee of the Department of 
     Housing and Urban Development shall be designated as an 
     allotment holder unless the Office of the Chief Financial 
     Officer has determined that such allotment holder has 
     implemented an adequate system of funds control and has 
     received training in funds control procedures and directives. 
     The Chief Financial Officer shall ensure that, not later than 
     90 days after the date of enactment of this Act, a trained 
     allotment holder shall be designated for each HUD subaccount 
     under the headings ``Executive Direction'' and heading 
     ``Administration, Operations, and Management'' as well as 
     each account receiving appropriations for ``personnel 
     compensation and benefits'' within the Department of Housing 
     and Urban Development.
       Sec. 226.  Payment of attorney fees in program-related 
     litigation must be paid from individual program office 
     personnel benefits and compensation funding. The annual 
     budget submission for program office personnel benefit and 
     compensation funding must include program-related litigation 
     costs for attorney fees as a separate line item request.
       Sec. 227.  The Secretary of the Department of Housing and 
     Urban Development shall for Fiscal Year 2010 and subsequent 
     fiscal years, notify the public through the Federal Register 
     and other means, as determined appropriate, of the issuance 
     of a notice of the availability of assistance or notice of 
     funding availability (NOFA) for any program or discretionary 
     fund administered by the Secretary that is to be 
     competitively awarded. Notwithstanding any other provision of 
     law, for Fiscal Year 2010 and subsequent fiscal years, the 
     Secretary may make the NOFA available only on the Internet at 
     the appropriate government website or websites or through 
     other electronic media, as determined by the Secretary.

                       prepayment and refinancing

       Sec. 228. (a) Approval of Prepayment of Debt.--Upon request 
     of the project sponsor of a project assisted with a loan 
     under section 202 of the Housing Act of 1959 (as in effect 
     before the enactment of the Cranston-Gonzalez National 
     Affordable Housing Act), for which the Secretary's consent to 
     prepayment is required, the Secretary shall approve the 
     prepayment of any indebtedness to the Secretary relating to 
     any remaining principal and interest under the loan as part 
     of a prepayment plan under which--
       (1) the project sponsor agrees to operate the project until 
     the maturity date of the original loan under terms at least 
     as advantageous to existing and future tenants as the terms 
     required by the original loan agreement or any project-based 
     rental assistance payments contract under section 8 of the 
     United States Housing Act of 1937 (or any other project-based 
     rental housing assistance programs of the Department of 
     Housing and Urban Development, including the rent supplement 
     program under section 101 of the Housing and Urban 
     Development Act of 1965 (12 U.S.C. 1701s)) or any successor 
     project-based rental assistance program, except as provided 
     by subsection (a)(2)(B); and
       (2) the prepayment may involve refinancing of the loan if 
     such refinancing results--
       (A) in a lower interest rate on the principal of the loan 
     for the project and in reductions in debt service related to 
     such loan; or
       (B) in the case of a project that is assisted with a loan 
     under such section 202 carrying an interest rate of 6 percent 
     or lower, a transaction under which--
       (i) the project owner shall address the physical needs of 
     the project;
       (ii) the prepayment plan for the transaction, including the 
     refinancing, shall meet a cost benefit analysis, as 
     established by the Secretary, that the benefit of the 
     transaction outweighs the cost of the transaction including 
     any increases in rent charged to unassisted tenants;
       (iii) the overall cost for providing rental assistance 
     under section 8 for the project (if any) is not increased, 
     except, upon approval by the Secretary to--

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

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

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

       (v) units to be occupied by tenants assisted under section 
     8(t) of the United States Housing Act of 1937 (42 U.S.C. 
     1437f(t)) shall, upon termination of the occupancy of such 
     tenants, become eligible for project-based assistance under 
     section 8(o)(13) of the United States Housing Act of 1937 (42 
     U.S.C. 1437f(o)(13)) without regard to the percentage 
     limitations provided in such section; and
       (vi) there shall be a use agreement of 20 years from the 
     date of the maturity date of the original 202 loan for all 
     units, including units to be occupied by tenants assisted 
     under section 8(t) of the United States Housing Act of 1937 
     (42 U.S.C. 1437f(t)).

            use of surplus federal property for the homeless

       Sec. 229.  No property identified by the Secretary of 
     Housing and Urban Development as surplus Federal property for 
     use to assist the homeless shall be made available to any 
     homeless group unless the group is a member in good standing 
     under any of HUD's homeless assistance programs or is in good 
     standing with any other program which receives funds from any 
     other Federal or State agency or entity: Provided, That an 
     exception may be made for an entity not involved with Federal 
     homeless programs to use surplus Federal property for the 
     homeless only after the Secretary or another responsible 
     Federal agency has fully and comprehensively reviewed all 
     relevant finances of the entity, the track record of the 
     entity in assisting the homeless, the ability of the entity 
     to manage the property, including all costs, the ability of 
     the entity to administer homeless programs in a manner that 
     is effective to meet the needs of the homeless population 
     that is expected to use the property and any other related 
     issues that demonstrate a commitment to assist the homeless: 
     Provided further, That the Secretary shall not require the 
     entity to have cash in hand in order to demonstrate financial 
     ability but may rely on the entity's prior demonstrated 
     fundraising ability or commitments for in-kind donations of 
     goods and services: Provided further, That the Secretary 
     shall make all such information and its decision regarding 
     the award of the surplus property available to the committees 
     of jurisdiction, including a full justification of the 
     appropriateness of the use of the property to assist the 
     homeless as well as the appropriateness of the group seeking 
     to obtain the property to use such property to assist the 
     homeless: Provided further, That, this section shall apply to 
     properties in fiscal year 2009 and 2010 made available as 
     surplus Federal property for use to assist the homeless.

[[Page 21399]]

       Sec. 230.  The Secretary of Housing and Urban Development 
     shall increase, pursuant to this section, the number of 
     Moving-to-Work agencies authorized under section 204, title 
     II, of the Departments of Veterans Affairs and Housing and 
     Urban Development and Independent Agencies Appropriations 
     Act, 1996 (Public Law 104-134; 110 Stat. 1321) by adding to 
     the program three Public Housing Agencies that meet the 
     following requirements: is a High Performing Agency under the 
     Public Housing Assessment System (PHAS). No PHA shall be 
     granted this designation through this section that 
     administers in excess of 5,000 aggregate housing vouchers and 
     public housing units. No PHA granted this designation through 
     this section shall receive more funding under sections 8 or 9 
     of the United States Housing Act of 1937 than they otherwise 
     would have received absent this designation. In addition to 
     other reporting requirements, all Moving-to-Work agencies 
     shall report financial data to the Department of Housing and 
     Urban Development as specified by the Secretary, so that the 
     effect of Moving-to-Work policy changes can be measured.
       Sec. 231.  Notwithstanding any other provision of law, in 
     determining the market value of any multifamily real property 
     or multifamily loan for any noncompetitive sale to a State or 
     local government, the Secretary shall in fiscal year 2010 
     consider, but not be limited to, industry standard appraisal 
     practices, including the cost of repairs needed to bring the 
     property into such condition as to satisfy minimum State and 
     local code standards and the cost of maintaining the 
     affordability restrictions imposed by the Secretary on the 
     multifamily real property or multifamily loan.
       Sec. 232.  The Secretary of the Department of Housing and 
     Urban Development is authorized to transfer up to 5 percent 
     of funds appropriated for any account under this title under 
     the heading ``Personnel Compensation and Benefits'' to any 
     other account under this title under the heading ``Personnel 
     Compensation and Benefits'' only after such transfer has been 
     submitted to, and received prior written approval by, the 
     House and Senate Committees on Appropriations: Provided, 
     That, no appropriation for any such account shall be 
     increased or decreased by more than 10 percent by all such 
     transfers.
       Sec. 233.  The Disaster Housing Assistance Programs, 
     administered by the Department of Housing and Urban 
     Development, shall be considered a ``program of the 
     Department of Housing and Urban Development'' under section 
     904 of the McKinney Act for the purpose of income 
     verifications and matching.
       This title may be cited as the ``Department of Housing and 
     Urban Development Appropriations Act, 2010''.

                               TITLE III

                            RELATED AGENCIES

                              Access Board

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

                      Federal Maritime Commission

                         salaries and expenses

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

                National Railroad Passenger Corporation

                      office of inspector general

                         salaries and expenses

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

                  National Transportation Safety Board

                         salaries and expenses

       For necessary expenses of the National Transportation 
     Safety Board, including hire of passenger motor vehicles and 
     aircraft; services as authorized by 5 U.S.C. 3109, but at 
     rates for individuals not to exceed the per diem rate 
     equivalent to the rate for a GS-15; uniforms, or allowances 
     therefor, as authorized by law (5 U.S.C. 5901-5902) 
     $96,900,000, of which not to exceed $2,000 may be used for 
     official reception and representation expenses: Provided, 
     That of funds provided under this heading, $2,416,000 shall 
     remain available through September 30, 2011: Provided 
     further, That of the funds provided, up to $100,000 shall be 
     provided through reimbursement to the Department of 
     Transportation's Office of Inspector General to audit the 
     National Transportation Safety Board's financial statements. 
     The amounts made available to the National Transportation 
     Safety Board in this Act include amounts necessary to make 
     lease payments due in fiscal year 2010 only, on an obligation 
     incurred in fiscal year 2001 for a capital lease.

                 Neighborhood Reinvestment Corporation

          payment to the neighborhood reinvestment corporation

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

[[Page 21400]]

     counseling), loan workout agreements and loan modification 
     agreements. NRC may use other criteria to demonstrate 
     capacity in underserved areas.
       (6) Of the total amount made available under this 
     paragraph, up to $3,000,000 may be made available to build 
     the mortgage foreclosure and default mitigation counseling 
     capacity of counseling intermediaries through NRC training 
     courses with HUD-approved counseling intermediaries and their 
     partners, except that private financial institutions that 
     participate in NRC training shall pay market rates for such 
     training.
       (7) Of the total amount made available under this 
     paragraph, up to 4 percent may be used for associated 
     administrative expenses for the NRC to carry out activities 
     provided under this section.
       (8) Mortgage foreclosure mitigation assistance grants may 
     include a budget for outreach and advertising, and training, 
     as determined by the NRC.
       (9) The NRC shall continue to report bi-annually to the 
     House and Senate Committees on Appropriations as well as the 
     Senate Banking Committee and House Financial Services 
     Committee on its efforts to mitigate mortgage default.

           United States Interagency Council on Homelessness

                           operating expenses

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

                                TITLE IV

                      GENERAL PROVISIONS--THIS ACT

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

  The PRESIDING OFFICER. The Senator from Washington.
  Mrs. MURRAY. Mr. President, I am very pleased that the Senate is now 
considering the Transportation, Housing and Urban Development 
appropriations bill for the coming year.
  I will be making my opening remarks here, as I believe Senator Bond 
will as well, and I know a number of Senators have been talking about 
amendments to this bill. I wish to ask our colleagues if they do have 
amendments to

[[Page 21401]]

get them to the floor this afternoon and at least get them filed to 
help us work with them and to begin to consider them. As we know, we 
have had the last vote today, but we wish to have some of these 
amendments offered over Friday and Monday so that we can move 
expeditiously to this important appropriations bill and be moving 
quickly by Monday afternoon. I do know some Senators on both sides have 
some amendments, which they have talked to us about. Again, although 
this is the last vote, I would ask Senators who do have amendments to 
help us work through this process by getting your amendments to the 
floor.
  As we begin consideration of this important bill, it is important to 
note that it has already been supported by broad bipartisan majorities. 
The Transportation, Housing and Urban Development Appropriations 
Subcommittee has 20 Members. That is one-fifth of the Senate. It is one 
of the largest subcommittees in the Senate. But despite the diversity 
of issues of our very large subcommittee, back on July 29 we voted 
unanimously to report the bill to the full Appropriations Committee, 
and the next day, the members of the committee voted unanimously to 
report the bill to the Senate.
  This bill does have broad bipartisan support because it addresses the 
very real housing and transportation needs of American families across 
all regions of the Nation. It has bipartisan support because it touches 
the lives of all of our constituents in ways that they can appreciate 
each day--whether it is a parent who commutes every day and needs safe 
roads or new public transportation options so they can spend more time 
with their families, or a young family searching for safe and 
affordable communities to raise their children, or perhaps a recently 
laid-off worker who needs help to afford their rent or stay off the 
street. This bill has real impact on American families that are 
struggling in these troubling economic times--the hard-working 
Americans who are not only losing their jobs but also their homes and 
their financial security.
  Six months ago, this Congress passed a recovery package. It is now 
creating jobs and rebuilding infrastructure and laying a strong 
foundation for our long-term economic growth. It is a good start. The 
bill before us now builds on that and strengthens that effort. It makes 
needed and very serious investments in our transportation 
infrastructure as well as in housing and services to support our 
Nation's most vulnerable. It also ensures that the Federal agencies 
that so many communities count on have the resources they need to keep 
our commuters safe and keep communities moving and prospering.
  Our bill takes a very balanced approach. It addresses the most 
critical needs we face in both transportation and housing while 
remaining financially responsible and staying within the constraints of 
our budget resolution.
  I have been very fortunate to be joined by my ranking member, Senator 
Bond, in crafting this package. Senator Bond's very long service on the 
Appropriations Committee, as well as his work on the Public Works 
Committee, has made him one of our leading experts in the areas of both 
transportation and housing. Throughout his career, Senator Bond has 
demonstrated tireless leadership and a commitment to the mission of 
HUD. I couldn't have a better or more experienced partner in this 
effort, and I want to take a moment of time from the Senate to thank 
Senator Bond for his years of partnership and for being here with me on 
the floor this afternoon as we present our bill to the Senate.
  This bill provides over $75 billion in budgetary resources for the 
Department of Transportation to support continued investment in 
transportation infrastructure, including our bridges and our ports, our 
public transportation, our airports, our rail, and the Nation's highway 
system. It provides $11 billion to support and expand public transit, 
which continues to see record growth in ridership, as well as $1.2 
billion to invest in intercity and high-speed rail so that we can 
expand options for our commuters and ease congestion on our roads and 
reduce greenhouse gas emissions.
  It also includes $1.1 billion to continue the highly competitive 
surface grants program that was initiated earlier this year as part of 
our recovery package. That program, which provides matching funds to 
projects making a significant impact on communities and regions, 
generated tremendous interest from our State and local authorities.
  The bill also supports the FAA's efforts to develop its next 
generation air transportation system to support projected growth in air 
travel in the coming year, and it invests $3.5 billion in capital 
improvements at all of our airports across the country.
  This bill also includes targeted increases to address critical 
problems with our transportation safety. It has an increase above the 
President's budget to hire 236 more air safety inspectors and 50 more 
air traffic controllers.
  At present, our FAA inspectors cannot spend enough time out in the 
field directly observing air carrier operations firsthand. These new 
positions that are in this bill will help correct that problem and 
improve FAA oversight.
  The bill also includes $50 million for a new program in railroad 
safety technology, including Positive Train Control, as well as $150 
million for the Washington Metropolitan Area Transit Authority to make 
sure tragedies like the one we saw earlier this summer never happen 
again.
  In addition to those important investments in transportation, the 
bill we now have before us represents a very firm commitment to 
providing critical housing and support services to families who have 
been affected by this economic crisis. This bill provides nearly $46 
billion in budgetary resources for the Department of Housing and Urban 
Development, including $100 million for HUD's housing counseling 
program to help our families in this country make responsible decisions 
when they purchase a home, to help them avoid the scams and aggressive 
lending tactics we have seen, and to help families facing foreclosure 
stay in their homes.
  These funds are going to be an important tool in our efforts to 
counter foreclosures. This counseling will help us avoid problems in 
the future by preparing homeowners for the changing housing market.
  The bill also provides more than $18 billion for tenant-based rental 
assistance or section 8, including an increase of over $1 billion for 
the renewal of section 8 vouchers. The bill also provides an increased 
funding for the operation of public housing for a total level of $4.75 
billion. These funds will help ensure our Nation's low-income families, 
who are always among the hardest hit during tough economic times, 
continue to have access to safe and affordable housing.
  Senator Bond and I are particularly proud that this bill includes $5 
million for vouchers for the joint HUD-Veterans Affairs supportive 
housing program. That will provide an additional 10,000 homeless 
veterans and their families with housing and supportive services.
  While this program has helped contribute to an overall reduction in 
homelessness among our veterans, we have seen disturbing increases over 
the past several years in the number of homeless female veterans, many 
of whom have children. To me, that is unacceptable. So the new funding 
in this bill will provide help to make sure those who have already 
given so much to their country through their military service are now 
not forced to live on the street.
  In addition to supporting our Nation's heroes, this bill also 
addresses the needs of some of our most vulnerable citizens by 
providing increased funding to support housing for the elderly, 
disabled, those suffering from AIDS, youth who are aging out of our 
foster care, and the Nation's homeless.
  The bill also focuses on strengthening communities at a time when the 
economy threatens programs that are at the backbone of many of our 
towns and cities. We provide almost $4 billion for the Community 
Development Block Grant Program. That will help support

[[Page 21402]]

investments in public infrastructure, housing rehabilitation, 
construction, and public services. That is assistance that is very 
critical to our States and our local governments right now.
  The bill also supports innovative approaches to revitalize the 
Nation's public housing. The new Choice Neighborhoods Program included 
in this bill builds on the success of HOPE VI, for which my colleagues, 
Senator Bond and Senator Mikulski, deserve a great deal of credit.
  In summary, this bill provides assistance to those who need it most, 
and it directs resources in a responsible and fiscally prudent way. It 
is a bill that truly addresses the needs of families in every region of 
this country. These are families who are looking for us at the Federal 
level to step up and provide solutions to everything from congestion to 
transportation safety to foreclosures to affordable housing. That is 
why it is a bill that has attracted widespread bipartisan support. It 
helps commuters, homeowners, the most vulnerable in our society, and 
our economy, so I urge all Senators to support this bill, and I urge 
them to help us move it rapidly to final passage.
  Again, I ask our colleagues, if you have an amendment please get it 
to the floor this afternoon, get it filed and help us bring it up so we 
can move this bill along, get to conference with the House, and get 
this bill to the President so these investments can truly help our 
families.
  I thank my colleagues and yield the floor to my partner, Senator 
Bond.
  Mr. BOND. Mr. President, as ranking member on the HUD, 
Transportation, and related agencies fiscal year appropriations bill, I 
have been very pleased to be able to work with Chair Murray and her 
great staff. It has been a real pleasure. I agree with all she said, 
except I cannot do anything but thank her for the very kind and 
generous words she had. She mentioned a longtime experience. Normally 
back home we refer to experience as something you get when you are 
expected to get something else. But working on this committee I have 
found the experience to be a very pleasant one.
  Originally I worked with Senator Mikulski. We alternated as chair and 
ranking member. I think we did a wonderful job. She was a great 
partner.
  I couldn't ask for any better partner to have than Senator Murray. 
She has been very helpful and very gracious to us.
  I have to say this is a very complicated bill. We could not do it 
without excellent staff work. I thank the staff. There are some new 
people on with big challenges ahead, but it is an excellent staff, and 
I am extremely grateful for all that they have taught me over the 
years.
  This is a bill about which everybody can say we could do it better, 
but I am proud to support it and urge my colleagues to support it. The 
legislation has a number of extremely important programs which, in 
today's economy, are critical to helping families overwhelmed by the 
national financial crisis. It is especially pleasing that we have been 
able to provide funding for the Nation's most vulnerable--to our 
homeless, to low-income families and seniors, and to the disabled. Our 
committee has increased investment in HUD community development 
programs to provide assistance needed the most.
  The chair mentioned the VASH Program. This was an idea we had several 
years ago. It has gained great support from the Veterans' 
Administration, from HUD, and everybody who has looked at the appalling 
problem of men and women who risk their lives, make great contributions 
to defend our country, and come home without adequate housing, often 
supportive housing they need. This program has been able to bring 
together the support services along with the housing that enables these 
veterans not just to have a shelter over their heads but to be able to 
get their lives back on track after going through the rigors and 
horrors of war. It is certainly a program with which I am delighted to 
be associated, and I thank the chair for her work on it.
  We have also provided assistance in critical areas such as section 8, 
public housing, community development block grants, the HOME program 
for the homeless, housing for seniors, housing for persons with 
disabilities, the Lead Hazard Reduction Program--which Senator Mikulski 
has been a champion of--and early childhood development capital 
funding, among others.
  As I noted in the committee markup of July 1, our biggest concern 
remains the solvency of the highway trust fund. This is a problem that 
must be addressed. We hope to work with Chair Boxer of the EPW 
Committee to deal with the serious problem they have because everybody 
knows--and I think almost everyone in this body has talked to me about 
it--how good roads and bridges are critical to attracting and 
sustaining business, job creation, and economic growth in our 
communities. We cannot afford an interruption in providing these much 
needed funds to the States.
  Transportation infrastructure work creates jobs, but most importantly 
it makes a long-term investment in our communities as a key component 
in our economic recovery. When I had the pleasure of serving 
Missourians as Governor, one of my top priorities was economic 
development. So I asked a good team I had there to figure out what 
makes economic development work, and they got maps out in Missouri and 
studied everything. The funniest thing we found, the communities that 
were growing had the best roads available. People have to have 
transportation if they are going to get to work and if what they 
produce at work is going to be shipped out. This is a critical element 
for economic recovery and the strength of our Nation.
  Another area I think is absolutely important is the FAA safety 
inspectors. I don't think it was planned, but it was certainly 
fortuitous that I attended a local civic club lunch over August where 
the main speaker was a representative of the FAA in St. Louis. He went 
through some of the good safety record but went through the horrendous 
crash that I think shocked all of us. It happened in Buffalo this past 
winter. He went through all of the problems.
  I said: Don't you have safety inspectors?
  He said: The problem is, we don't have enough of them.
  Yes, these are things that should have been identified. Think of the 
loss of life in that tragic crash because we didn't have enough safety 
inspectors to blow the whistle on things and people who should not have 
been entrusted with the lives of American citizens.
  As we looked at this, I, once again, became an even stronger believer 
in the need for these safety inspectors. We have to have air traffic 
controllers. These people are all critically important to the traveling 
public, and nobody I know of in this body, except maybe a few friends 
from surrounding States, has not flown on a very regular basis. Even 
they fly, and our families fly. So that is extremely important.
  Talking about challenges, as I have mentioned on this floor many 
times before, I have been very much concerned about the rapid growth of 
the FAA Single Family Mortgage Insurance Program. FHA's share of the 
market has grown dramatically, from 2 percent in 2006 to nearly 24 
percent at the end of 2008. Before we pat ourselves on the back and say 
what a great achievement that is, let's take a look at it.
  This year the freeze in the private mortgage markets has driven FHA's 
market share to 63 percent. As I have said many times before, 
longstanding management and resource challenges and a substantial 
growth in risky lending due to political pressures has turned FHA into 
a powder keg, and I fear it is going to explode and leave taxpayers on 
the hook for another multihundreds of billions of dollars of losses.
  Given the continuing challenges in the housing market and continuing 
job losses, I believe it is highly likely that the FHA will not meet 
its statutory 2 percent capital reserve when its latest actuarial study 
is released in the coming weeks. That is the safety net that keeps it 
from going in the hole and avoiding a bailout. Frankly, I believe

[[Page 21403]]

this is the tip of the iceberg for the FHA. That is why we must address 
FHA's problems now because Americans have been signaling that the 
taxpayer credit card is maxed out and we don't want to put any more on 
the Federal debt and thus Americans' credit cards.
  To address these FHA challenges, I am pleased we were able to include 
in this bill $20 million for FHA antifraud activities, as well as $6 
million in additional funding for the HUD IG to combat predatory 
lending. The legislation also provides funding for HUD to modernize the 
FHA information technology systems in order to track effectively its 
mortgage and associated obligations.
  Too many times I have gone to them and said: Well, what is your 
portfolio?
  They say: Well, we do not know.
  That is scary because we as taxpayers are on the hook for it. If they 
go bad, that is on us and on future generations. We believe very 
strongly HUD and the IG must work together and leverage these funds to 
fight mortgage fraud and predatory lending.
  I have been very much encouraged based on my discussions with HUD 
Secretary Shawn Donovan and HUD IG Ken Donahue. They understood the 
problem. They are willing to work with us.
  However, they need more resources and a sustained focus to 
effectively combat predatory lending and mortgage fraud. It can and 
must be done. We have heard too many stories of people who have been in 
the business, a very questionable business, of making predatory loans, 
of misrepresenting the terms of the loans and the impact on the 
potential home buyer.
  These people's handiwork can be seen in the number of home loans 
going bad. They pushed the American dream very hard, not telling the 
potential homeowner what the downside was. For too many Americans this 
American dream has turned into the American nightmare. We have to put a 
stop to it.
  We make a strong contribution in this bill toward giving the able 
leaders in HUD, FHA, and in the IG the resources to deal with it.
  Again, I thank my chair and her very good staff for all the hard 
work. While it is not perfect, it is very good legislation. I look 
forward to joining with my partner, Senator Murray, in supporting this 
legislation.
  I yield the floor.
  The PRESIDING OFFICER. The Senator from Washington State.
  Mrs. MURRAY. Mr. President, I thank Senator Bond, who has been, as I 
said, a good partner working with me on this critical bill.
  Again, we are on the floor this afternoon. We are ready and able to 
go to work if our colleagues would come and file their amendments. I 
think Senator Bond and I would be happy to move to third reading and 
pass the bill if nobody comes.
  Mr. BOND. I agree with the chair. If somebody has a good amendment, 
we would sure like to see it and get started on it. Because the sooner 
you get here, the better consideration and, I might hasten to add, 
possibly the more favorable consideration you will receive.
  I know there are some potentially good ideas lurking out there. So 
bring the good ideas now. If you have some ideas that are not so good, 
you can wait to the end and we will see if we can close it out.
  Mrs. MURRAY. I assure my colleagues the Senator gets grouchier the 
longer he is out here.
  Mr. BOND. There is a declining level of tolerance, I have noticed, 
sometimes when people are on the floor. So I join and urge the request 
to all our colleagues to come and offer such amendments as they choose 
to offer.
  Mrs. MURRAY. I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The legislative clerk proceeded to call the roll.
  Mr. ISAKSON. Mr. President, I ask unanimous consent that the order 
for the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. ISAKSON. Mr. President, I ask unanimous consent to be able to 
speak as in morning business.
  The PRESIDING OFFICER (Mr. Whitehouse). Without objection, it is so 
ordered.
  (The remarks of Mr. Isakson are printed in today's Record under 
``Morning Business.'')
  Mr. INOUYE. Mr. President, today the Senate begins consideration of 
the fiscal year 2010 transportation and housing and urban development 
appropriations bill. This bill includes total resources of $122 
billion; a level of funding that is $1.2 billion below the 
administration's request. The programs funded by this bill are critical 
to our ongoing efforts both to support the economic recovery and to 
provide a safety net to the most vulnerable who have been impacted by 
the economic downturn. Specifically, this bill provides critical 
funding to our States and local communities for transportation 
infrastructure investments and for ensuring the safety of our 
transportation system. This bill also provides housing and services to 
our most vulnerable constituents and supports the efforts of our local 
communities as they continue to address the impacts of the foreclosure 
crisis.
  The two managers of this bill, Senators Murray and Bond, have worked 
diligently to offer a strong bipartisan bill that tackles lingering 
major economic issues, and they have succeeded in doing so with limited 
resources. The committee supported their recommendations unanimously, 
and the bill was reported out of the Appropriations Committee on July 
30 by a recorded vote of 30 to 0.
  Members of the Senate have had the entire month of August to review 
the committee's recommendations. This bill is the fifth fiscal year 
2010 Appropriations Bill to be considered by the Senate, and while we 
are making steady progress, we have much work ahead of us. Therefore, 
given that Members have had the last month to review the bill, if a 
Member has an amendment, I encourage them to come to the floor today 
and offer it. We have seven remaining bills ready for immediate 
consideration after this one. I therefore encourage my colleagues not 
to delay action on this bill.
  Mr. President, I submit pursuant to Senate rules a report, and I ask 
unanimous consent that it be printed in the Record.
  There being no objection the material was ordered to be printed in 
the Record, as follows:

         Disclosure of Congressionally Directed Spending Items

       I certify that the information required by rule XLIV of the 
     Standing Rules of the Senate related to congressionally 
     directed spending items has been identified in the committee 
     report which accompanies H.R. 3288 and that the required 
     information has been available on a publicly accessible 
     congressional website at least 48 hours before a vote on the 
     pending bill.

                          ____________________