    [111th Congress Public Law 117]
    [From the U.S. Government Publishing Office]

    [[Page 3033]]

                      CONSOLIDATED APPROPRIATIONS ACT, 2010

    [[Page 123 STAT. 3034]]

    Public Law 111-117
    111th Congress

                                     An Act

        Making appropriations for the Departments of Transportation, and
    Housing and Urban Development, and related agencies for the fiscal year
      ending September 30, 2010, and for other purposes. <<NOTE: Dec. 16,
                             2009 -  [H.R. 3288]>>

        Be it enacted by the Senate and House of Representatives of the
    United States of America in Congress assembled, <<NOTE: Consolidated
    Appropriations Act, 2010.>>
    SECTION 1. SHORT TITLE.

        This Act may be cited as the ``Consolidated Appropriations Act,
    2010''.
    SEC. 2. TABLE OF CONTENTS.

        The table of contents of this Act is as follows:

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

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

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

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

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

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

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

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

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

    [[Page 123 STAT. 3035]]

            Title V--General provisions

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

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

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

            Title I--Department of State and related agency
            Title II--United States Agency for International Development
            Title III--Bilateral economic assistance
            Title IV--International security assistance
            Title V--Multilateral assistance
            Title VI--Export and investment assistance
            Title VII--General provisions
    SEC. 3. <<NOTE: 1 USC 1 note.>> REFERENCES.

        Except as expressly provided otherwise, any reference to ``this
    Act'' contained in any division of this Act shall be treated as
    referring only to the provisions of that division.
    SEC. 4. STATEMENT OF APPROPRIATIONS.

        The following sums in this Act are appropriated, out of any money in
    the Treasury not otherwise appropriated, for the fiscal year ending
    September 30, 2010.

     DIVISION A <<NOTE: Transportation, Housing and Urban Development, and
     Related Agencies Appropriations Act, 2010.>> --TRANSPORTATION, HOUSING
    AND URBAN DEVELOPMENT, AND RELATED AGENCIES APPROPRIATIONS ACT, 2010

        TITLE I <<NOTE: Department of Transportation Appropriations Act,
    2010.>>

                          DEPARTMENT OF TRANSPORTATION

                             Office of the Secretary

                              salaries and expenses

        For necessary expenses of the Office of the Secretary, $102,686,000,
    of which not to exceed $2,631,000 shall be available for the immediate
    Office of the Secretary; not to exceed $986,000 shall be available for
    the immediate Office of the Deputy Secretary; not to exceed $20,359,000
    shall be available for the Office of the General Counsel; not to exceed
    $11,100,000 shall be available for the Office of the Under Secretary of
    Transportation for Policy; not to exceed $10,559,000 shall be available
    for the Office of the Assistant Secretary for Budget and Programs; not
    to exceed $2,504,000 shall be available for the Office of the Assistant
    Secretary for Governmental Affairs; not to exceed $25,520,000 shall be
    available for the Office of the Assistant Secretary for Administration;
    not to exceed $2,055,000 shall be available for the Office of Public
    Affairs; not to exceed $1,658,000 shall be available for the Office of
    the Executive Secretariat; not to exceed $1,499,000 shall be available
    for the Office of Small and Disadvantaged Business Utilization; not to
    exceed $10,600,000 for the Office of Intelligence, Security, and
    Emergency Response; and not to exceed $13,215,000 shall be available for
    the Office of the Chief Information

    [[Page 123 STAT. 3036]]

    Officer: <<NOTE: Transfer authority.>> 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: <<NOTE: Notification.>> Provided further, That notice of any
    change in funding greater than 5 percent shall be submitted for approval
    to the House and Senate Committees on Appropriations: Provided further,
    That not to exceed $60,000 shall be for allocation within the Department
    for official reception and representation expenses as the Secretary may
    determine: Provided further, That notwithstanding any other provision of
    law, excluding fees authorized in Public Law 107-71, there may be
    credited to this appropriation up to $2,500,000 in funds received in
    user fees: Provided further, That none of the funds provided in this Act
    shall be available for the position of Assistant Secretary for Public
    Affairs.

                       national infrastructure investments

        For capital investments in surface transportation infrastructure,
    $600,000,000, to remain available through September 30, 2012:
    Provided, <<NOTE: Grants.>> That the Secretary of Transportation shall
    distribute funds provided under this heading as discretionary grants to
    be awarded to a State, local government, transit agency, or a
    collaboration among such entities on a competitive basis for projects
    that will have a significant impact on the Nation, a metropolitan area,
    or a region: Provided further, That projects eligible for funding
    provided under this heading shall include, but not be limited to,
    highway or bridge projects eligible under title 23, United States Code;
    public transportation projects eligible under chapter 53 of title 49,
    United States Code; passenger and freight rail transportation projects;
    and port infrastructure investments: Provided further, That in
    distributing funds provided under this heading, the Secretary shall take
    such measures so as to ensure an equitable geographic distribution of
    funds, an appropriate balance in addressing the needs of urban and rural
    areas, and the investment in a variety of transportation
    modes: <<NOTE: Grants.>> Provided further, That a grant funded under
    this heading shall be not less than $10,000,000 and not greater than
    $200,000,000: Provided further, That not more than 25 percent of the
    funds made available under this heading may be awarded to projects in a
    single State: Provided further, That the Federal share of the costs for
    which an expenditure is made under this heading shall be, at the option
    of the recipient, up to 80 percent: Provided further, That the Secretary
    shall give priority to projects that require a contribution of Federal
    funds in order to complete an overall financing package: Provided
    further, That not less than $140,000,000 of the funds provided under
    this heading shall be for projects located in rural areas: Provided
    further, That for projects located in rural areas, the minimum grant
    size shall be $1,000,000 and the Secretary may increase the Federal
    share of costs above 80 percent: Provided further, That of the amount
    made available under this heading, the Secretary may use an amount not
    to exceed $150,000,000 for the purpose of paying the subsidy and
    administrative costs of projects eligible for federal credit assistance
    under chapter 6 of title 23, United States Code, if the Secretary finds
    that such use of the funds would advance the purposes of this paragraph:
    Provided further, That of the

    [[Page 123 STAT. 3037]]

    amount made available under this heading, the Secretary may use an
    amount not to exceed $35,000,000 for the planning, preparation or design
    of projects eligible for funding under this heading: Provided further,
    That projects conducted using funds provided under this heading must
    comply with the requirements of subchapter IV of chapter 31 of title 40,
    United States Code: Provided further,
    <<NOTE: Publication. Criteria. Time periods.>> That the Secretary shall
    publish criteria on which to base the competition for any grants awarded
    under this heading no sooner than 60 days after enactment of this Act,
    require applications for funding provided under this heading to be
    submitted no sooner than 120 days after the publication of such
    criteria, and announce all projects selected to be funded from funds
    provided under this heading no sooner than September 15, 2010: Provided
    further, That the Secretary may retain up to $25,000,000 of the funds
    provided under this heading, and may transfer portions of those funds to
    the Administrators of the Federal Highway Administration, the Federal
    Transit Administration, the Federal Railroad Administration and the
    Federal Maritime Administration, to fund the award and oversight of
    grants made under this heading.

                          financial management capital

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

                             office of civil rights

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

               transportation planning, research, and development

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

                              working capital fund

        For necessary expenses for operating costs and capital outlays of
    the Working Capital Fund, not to exceed $147,596,000, shall be paid from
    appropriations made available to the Department of Transportation:
    Provided, That such services shall be provided on a competitive basis to
    entities within the Department of Transportation: Provided further, That
    the above limitation on operating expenses shall not apply to non-DOT
    entities: Provided further, That no funds appropriated in this Act to an
    agency of the Department shall be transferred to the Working Capital
    Fund without the approval of the agency modal administrator: Provided
    further, <<NOTE: Notification.>> 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.

    [[Page 123 STAT. 3038]]

                    minority business resource center program

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

                           minority business outreach

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

                            payments to air carriers

                         (airport and airway trust fund)

                          (including transfer of funds)

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

      administrative provisions--office of the secretary of transportation

        Sec. 101.  <<NOTE: Assessments. Contracts.>> None of the funds made
    available in this Act to the Department of Transportation may be
    obligated for the Office of the Secretary of Transportation to approve
    assessments or reimbursable agreements pertaining to funds appropriated
    to the modal administrations in this Act, except for activities underway
    on the date of enactment of this Act, unless such assessments or
    agreements have completed the normal reprogramming process for
    Congressional notification.

        Sec. 102.  None of the funds made available under this Act may be
    obligated or expended to establish or implement a program under which
    essential air service communities are required to assume subsidy costs
    commonly referred to as the EAS local participation program.
        Sec. 103.  The Secretary or his designee may engage in activities
    with States and State legislators to consider proposals related to the
    reduction of motorcycle fatalities.

    [[Page 123 STAT. 3039]]

        Sec. 104.  <<NOTE: Transfer authority.>> The Secretary of
    Transportation is authorized to transfer the unexpended balances
    available for the bonding assistance program from ``Office of the
    Secretary, Salaries and expenses'' to ``Minority Business Outreach''.

        Sec. 105.  Such amounts as are required from amounts provided in
    this Act to the Office of the Secretary of Transportation for the
    Transportation Planning, Research and Development program may be used
    for the development, coordination, and analysis of data collection
    procedures and national performance measures.

                         Federal Aviation Administration

                                   operations

                         (airport and airway trust fund)

                          (including transfer of funds)

        For necessary expenses of the Federal Aviation Administration, not
    otherwise provided for, including operations and research activities
    related to commercial space transportation, administrative expenses for
    research and development, establishment of air navigation facilities,
    the operation (including leasing) and maintenance of aircraft,
    subsidizing the cost of aeronautical charts and maps sold to the public,
    lease or purchase of passenger motor vehicles for replacement only, in
    addition to amounts made available by Public Law 108-176,
    $9,350,028,000, of which $4,000,000,000 shall be derived from the
    Airport and Airway Trust Fund, of which not to exceed $7,299,299,000
    shall be available for air traffic organization activities; not to
    exceed $1,234,065,000 shall be available for aviation safety activities;
    not to exceed $15,237,000 shall be available for commercial space
    transportation activities; not to exceed $113,681,000 shall be available
    for financial services activities; not to exceed $100,428,000 shall be
    available for human resources program activities; not to exceed
    $341,977,000 shall be available for region and center operations and
    regional coordination activities; not to exceed $196,063,000 shall be
    available for staff offices; and not to exceed $49,278,000 shall be
    available for information services: Provided, That the Secretary utilize
    not less than $17,084,000 of the funds provided for aviation safety
    activities to pay for staff increases in the Office of Aviation Flight
    Standards and the Office of Aircraft Certification: Provided further,
    That none of the funds provided for increases to the staffs of the
    aviation flight standards and aircraft certification offices shall be
    used for other purposes: Provided further, That not to exceed 2 percent
    of any budget activity, except for aviation safety budget activity, may
    be transferred to any budget activity under this heading: Provided
    further, That no transfer may increase or decrease any appropriation by
    more than 2 percent: Provided further, That any transfer in excess of 2
    percent shall be treated as a reprogramming of funds under section 405
    of this Act and shall not be available for obligation or expenditure
    except in compliance with the procedures set forth in that section:
    Provided further, <<NOTE: Deadline. Reports. 49 USC 4450's note.>> 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: <<NOTE: Fines.>> Provided
    further, That the amount herein appropriated shall be reduced

    [[Page 123 STAT. 3040]]

    by $100,000 for each day after March 31 that such report has not been
    submitted to the Congress: Provided
    further, <<NOTE: Deadline. Reports. 44 USC 4502 note.>> 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: <<NOTE: Fines.>>  Provided
    further, That the amount herein appropriated shall be reduced by
    $100,000 per day for each day after March 31 that such report has not
    been submitted to Congress:  Provided further, That funds may be used to
    enter into a grant agreement with a nonprofit standard-setting
    organization to assist in the development of aviation safety
    standards: <<NOTE: User fees.>>  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: <<NOTE: Audits.>>
    Provided further, That of the funds available under this heading not to
    exceed $500,000 shall be provided to the Department of Transportation's
    Office of Inspector General through reimbursement to conduct the annual
    audits of financial statements in accordance with section 3521 of title
    31, United States Code, and not to exceed $120,000 shall be provided to
    that office through reimbursement to conduct the annual Enterprise
    Services Center Statement on Auditing Standards 70 audit.

                            facilities and equipment

                         (airport and airway trust fund)

        For necessary expenses, not otherwise provided for, for acquisition,
    establishment, technical support services, improvement by contract or
    purchase, and hire of national airspace systems and experimental
    facilities and equipment, as authorized under part A of subtitle VII of
    title 49, United States Code, including initial acquisition of necessary
    sites by lease or grant; engineering and service testing, including
    construction of test facilities and acquisition of necessary sites by
    lease or grant; construction and furnishing of quarters and related
    accommodations for officers and employees of the Federal Aviation
    Administration stationed at remote localities where such accommodations
    are not available; and the purchase,

    [[Page 123 STAT. 3041]]

    lease, or transfer of aircraft from funds available under this heading,
    including aircraft for aviation regulation and certification; to be
    derived from the Airport and Airway Trust Fund, $2,936,203,000, of which
    $2,466,203,000 shall remain available until September 30, 2012, and of
    which $470,000,000 shall remain available until September 30, 2010:
    Provided, That there may be credited to this appropriation funds
    received from States, counties, municipalities, other public
    authorities, and private sources, for expenses incurred in the
    establishment and modernization of air navigation facilities: Provided
    further, <<NOTE: Investment plan.>> That upon initial submission to the
    Congress of the fiscal year 2011 President's budget, the Secretary of
    Transportation shall transmit to the Congress a comprehensive capital
    investment plan for the Federal Aviation Administration which includes
    funding for each budget line item for fiscal years 2011 through 2015,
    with total funding for each year of the plan constrained to the funding
    targets for those years as estimated and approved by the Office of
    Management and Budget.

                     research, engineering, and development

                         (airport and airway trust fund)

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

                           grants-in-aid for airports

                     (liquidation of contract authorization)

                           (limitation on obligations)

                         (airport and airway trust fund)

                          (including transfer of funds)

        For liquidation of obligations incurred for grants-in-aid for
    airport planning and development, and noise compatibility planning and
    programs as authorized under subchapter I of chapter 471 and subchapter
    I of chapter 475 of title 49, United States Code, and under other law
    authorizing such obligations; for procurement, installation, and
    commissioning of runway incursion prevention devices and systems at
    airports of such title; for grants authorized under section 41743 of
    title 49, United States Code; and for inspection activities and
    administration of airport safety programs, including those related to
    airport operating certificates under section 44706 of title 49, United
    States Code, $3,000,000,000 to be derived from the Airport and Airway
    Trust Fund and to remain available until expended: Provided, That none
    of the funds under this heading shall be available for the planning or
    execution of

    [[Page 123 STAT. 3042]]

    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: <<NOTE: Explosive detection systems.>> Provided further,
    That none of the funds under this heading shall be available for the
    replacement of baggage conveyor systems, reconfiguration of terminal
    baggage areas, or other airport improvements that are necessary to
    install bulk explosive detection systems: Provided further, That
    notwithstanding any other provision of law, of funds limited under this
    heading, not more than $93,422,000 shall be obligated for
    administration, not less than $15,000,000 shall be available for the
    airport cooperative research program, not less than $22,472,000 shall be
    for Airport Technology Research and $6,000,000, to remain available
    until expended, shall be available and transferred to ``Office of the
    Secretary, Salaries and Expenses'' to carry out the Small Community Air
    Service Development Program.

                                  (rescission)

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

           administrative provisions--federal aviation administration

        Sec. 110.  None of the funds in this Act may be used to compensate
    in excess of 600 technical staff-years under the federally funded
    research and development center contract between the Federal Aviation
    Administration and the Center for Advanced Aviation Systems Development
    during fiscal year 2010.
        Sec. 111.  None of the funds in this Act shall be used to pursue or
    adopt guidelines or regulations requiring airport sponsors to provide to
    the Federal Aviation Administration without cost building construction,
    maintenance, utilities and expenses, or space in airport sponsor-owned
    buildings for services relating to air traffic control, air navigation,
    or weather reporting: Provided, That the prohibition of funds in this
    section does not apply to negotiations between the agency and airport
    sponsors to achieve agreement on ``below-market'' rates for these items
    or to grant assurances that require airport sponsors to provide land
    without cost to the FAA for air traffic control facilities.
        Sec. 112.  The Administrator of the Federal Aviation Administration
    may reimburse amounts made available to satisfy 49 U.S.C. 41742(a)(1)
    from fees credited under 49 U.S.C. 45303: Provided, That during fiscal
    year 2010, 49 U.S.C. 41742(b) shall not apply, and any amount remaining
    in such account at the close of that fiscal year may be made available
    to satisfy section 41742(a)(1) for the subsequent fiscal year.
        Sec. 113.  Amounts collected under section 40113(e) of title 49,
    United States Code, shall be credited to the appropriation current at
    the time of collection, to be merged with and available for the same
    purposes of such appropriation.
        Sec. 114. (a) Section 44302(f)(1) of title 49, United States Code,
    is amended--
                (1) by striking ``September 30, 2009,'' and inserting
            ``September 30, 2010,''; and
                (2) by striking ``December 31, 2009,'' and inserting
            ``December 31, 2010,''.

    [[Page 123 STAT. 3043]]

        (b) Section 44303(b) of such title is amended by striking ``December
    31, 2009,'' and inserting ``December 31, 2010,''.
        Sec. 115.  <<NOTE: New Jersey.>> None of the funds appropriated or
    limited by this Act may be used to change weight restrictions or prior
    permission rules at Teterboro airport in Teterboro, New Jersey.

        Sec. 116.  None of the funds limited by this Act for grants under
    the Airport Improvement Program shall be made available to the sponsor
    of a commercial service airport if such sponsor fails to agree to a
    request from the Secretary of Transportation for cost-free space in a
    non-revenue producing, public use area of the airport terminal or other
    airport facilities for the purpose of carrying out a public service air
    passenger rights and consumer outreach campaign.
        Sec. 117.  <<NOTE: Premium pay.>> None of the funds in this Act
    shall be available for paying premium pay under subsection 5546(a) of
    title 5, United States Code, to any Federal Aviation Administration
    employee unless such employee actually performed work during the time
    corresponding to such premium pay.

        Sec. 118.  None of the funds in this Act may be obligated or
    expended for an employee of the Federal Aviation Administration to
    purchase a store gift card or gift certificate through use of a
    Government-issued credit card.
        Sec. 119.  <<NOTE: Apportionment.>> The Secretary shall apportion to
    the sponsor of an airport that received scheduled or unscheduled air
    service from a large certified air carrier (as defined in part 241 of
    title 14 Code of Federal Regulations, or such other regulations as may
    be issued by the Secretary under the authority of section 41709) an
    amount equal to the minimum apportionment specified in 49 U.S.C.
    47114(c), if the Secretary determines that airport had more than 10,000
    passenger boardings in the preceding calendar year, based on data
    submitted to the Secretary under part 241 of title 14, Code of Federal
    Regulations.

                         Federal Highway Administration

                      limitation on administrative expenses

                          (including transfer of funds)

        Not to exceed $413,533,000, together with advances and
    reimbursements received by the Federal Highway Administration, shall be
    paid in accordance with law from appropriations made available by this
    Act to the Federal Highway Administration for necessary expenses for
    administration and operation. In addition, not to exceed $3,524,000
    shall be paid from appropriations made available by this Act and
    transferred to the Department of Transportation's Office of Inspector
    General for costs associated with audits and investigations of projects
    and programs of the Federal Highway Administration, and not to exceed
    $285,000 shall be paid from appropriations made available by this Act
    and provided to that office through reimbursement to conduct the annual
    audits of financial statements in accordance with section 3521 of title
    31, United States Code. In addition, not to exceed $3,220,000 shall be
    paid from appropriations made available by this Act and transferred to
    the Appalachian Regional Commission in accordance with section 104 of
    title 23, United States Code.

    [[Page 123 STAT. 3044]]

                              federal-aid highways

                           (limitation on obligations)

                              (highway trust fund)

        None <<NOTE: 23 USC 104 note.>> of the funds in this Act shall be
    available for the implementation or execution of programs, the
    obligations for which are in excess of $41,107,000,000 for Federal-aid
    highways and highway safety construction programs for fiscal year 2010:
    Provided, That within the $41,107,000,000 obligation limitation on
    Federal-aid highways and highway safety construction programs, not more
    than $429,800,000 shall be available for the implementation or execution
    of programs for transportation research (chapter 5 of title 23, United
    States Code; sections 111, 5505, and 5506 of title 49, United States
    Code; and title 5 of Public Law 109-59) for fiscal year 2010: Provided
    further, That this limitation on transportation research programs shall
    not apply to any authority previously made available for obligation:
    Provided further, That the Secretary may, as authorized by section
    605(b) of title 23, United States Code, collect and spend fees to cover
    the costs of services of expert firms, including counsel, in the field
    of municipal and project finance to assist in the underwriting and
    servicing of Federal credit instruments and all or a portion of the
    costs to the Federal Government of servicing such credit instruments:
    Provided further, That such fees are available until expended to pay for
    such costs: Provided further, That such amounts are in addition to
    administrative expenses that are also available for such purpose, and
    are not subject to any obligation limitation or the limitation on
    administrative expenses under section 608 of title 23, United States
    Code.

                     (liquidation of contract authorization)

                              (highway trust fund)

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

                        surface transportation priorities

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

    [[Page 123 STAT. 3045]]

    on obligations for Federal-aid highways and highway safety construction
    programs set forth in this Act or any other Act.

            administrative provisions--federal highway administration

        Sec. 120. <<NOTE: 23 USC 104 note.>> (a) For fiscal year 2010, the
    Secretary of Transportation shall--
                (1) not distribute from the obligation limitation for
            Federal-aid highways amounts authorized for administrative
            expenses and programs by section 104(a) of title 23, United
            States Code; programs funded from the administrative takedown
            authorized by section 104(a)(1) of title 23, United States Code
            (as in effect on the date before the date of enactment of the
            Safe, Accountable, Flexible, Efficient Transportation Equity
            Act: A Legacy for Users); the highway use tax evasion program;
            and the Bureau of Transportation Statistics;
                (2) not distribute an amount from the obligation limitation
            for Federal-aid highways that is equal to the unobligated
            balance of amounts made available from the Highway Trust Fund
            (other than the Mass Transit Account) for Federal-aid highways
            and highway safety programs for previous fiscal years the funds
            for which are allocated by the Secretary;
                (3) determine the ratio that--
                        (A) the obligation limitation for Federal-aid
                    highways, less the aggregate of amounts not distributed
                    under paragraphs (1) and (2), bears to
                        (B) the total of the sums authorized to be
                    appropriated for Federal-aid highways and highway safety
                    construction programs (other than sums authorized to be
                    appropriated for provisions of law described in
                    paragraphs (1) through (9) of subsection (b) and sums
                    authorized to be appropriated for section 105 of title
                    23, United States Code, equal to the amount referred to
                    in subsection (b)(10) for such fiscal year), less the
                    aggregate of the amounts not distributed under
                    paragraphs (1) and (2) of this subsection;
                (4)(A) distribute the obligation limitation for Federal-aid
            highways, less the aggregate amounts not distributed under
            paragraphs (1) and (2), for sections 1301, 1302, and 1934 of the
            Safe, Accountable, Flexible, Efficient Transportation Equity
            Act: A Legacy for Users; sections 117 (but individually for each
            project numbered 1 through 3676 listed in the table contained in
            section 1702 of the Safe, Accountable, Flexible, Efficient
            Transportation Equity Act: A Legacy for Users) and section
            144(g) of title 23, United States Code; and section 14501 of
            title 40, United States Code, so that the amount of obligation
            authority available for each of such sections is equal to the
            amount determined by multiplying the ratio determined under
            paragraph (3) by the sums authorized to be appropriated for that
            section for the fiscal year; and
                (B) distribute $2,000,000,000 for section 105 of title 23,
            United States Code;
                (5) distribute the obligation limitation provided for
            Federal-aid highways, less the aggregate amounts not distributed
            under paragraphs (1) and (2) and amounts distributed under
            paragraph (4), for each of the programs that are allocated by
            the Secretary under the Safe, Accountable, Flexible, Efficient
            Transportation Equity Act: A Legacy for Users and title 23,

    [[Page 123 STAT. 3046]]

            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. <<NOTE: Distribution date.>> --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

    [[Page 123 STAT. 3047]]

    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.-- <<NOTE: Deadline.>> Not later than 30 days
            after the date of the distribution of obligation limitation
            under subsection (a), the Secretary shall distribute to the
            States any funds that--
                        (A) are authorized to be appropriated for such
                    fiscal year for Federal-aid highways programs; and
                        (B) the Secretary determines will not be allocated
                    to the States, and will not be available for obligation,
                    in such fiscal year due to the imposition of any
                    obligation limitation for such fiscal year.
                (2) Ratio.--Funds shall be distributed under paragraph (1)
            in the same ratio as the distribution of obligation authority
            under subsection (a)(6).
                (3) Availability.--Funds distributed under paragraph (1)
            shall be available for any purposes described in section 133(b)
            of title 23, United States Code.

        (f) Special Limitation Characteristics.--Obligation limitation
    distributed for a fiscal year under subsection (a)(4) for the provision
    specified in subsection (a)(4) shall--
                (1) remain available until used for obligation of funds for
            that provision; and
                (2) be in addition to the amount of any limitation imposed
            on obligations for Federal-aid highway and highway safety
            construction programs for future fiscal years.

        (g) High Priority Project Flexibility.--
                (1) In general.--Subject to paragraph (2), obligation
            authority distributed for such fiscal year under subsection
            (a)(4) for each project numbered 1 through 3676 listed in the
            table contained in section 1702 of the Safe, Accountable,
            Flexible, Efficient Transportation Equity Act: A Legacy for
            Users may be obligated for any other project in such section in
            the same State.
                (2) Restoration.--Obligation authority used as described in
            paragraph (1) shall be restored to the original purpose on the
            date on which obligation authority is distributed under this
            section for the next fiscal year following obligation under
            paragraph (1).

        (h) Limitation on Statutory Construction.--Nothing in this section
    shall be construed to limit the distribution of obligation authority
    under subsection (a)(4)(A) for each of the individual projects numbered
    greater than 3676 listed in the table contained in section 1702 of the
    Safe, Accountable, Flexible, Efficient Transportation Equity Act: A
    Legacy for Users.

    [[Page 123 STAT. 3048]]

        Sec. 121.  Notwithstanding 31 U.S.C. 3302, funds received by the
    Bureau of Transportation Statistics from the sale of data products, for
    necessary expenses incurred pursuant to 49 U.S.C. 111 may be credited to
    the Federal-aid highways account for the purpose of reimbursing the
    Bureau for such expenses: Provided, That such funds shall be subject to
    the obligation limitation for Federal-aid highways and highway safety
    construction.
        Sec. 122.  There is hereby appropriated to the Secretary of
    Transportation $650,000,000, to remain available through September 30,
    2012: Provided, That the funds provided under this section shall be
    apportioned to the States in the same ratio as the obligation limitation
    for fiscal year 2010 is distributed among the States in section
    120(a)(6) of this Act, and made available for the restoration, repair,
    construction, and other activities eligible under paragraph (b) of
    section 133 of title 23, United States Code: Provided further, That
    funds apportioned under this section shall be administered as if
    apportioned under chapter 1 of title 23, United States Code: Provided
    further, That the Federal share payable on account of any project or
    activity carried out with funds apportioned under this section shall be
    80 percent: Provided further, That funding provided under this section
    shall be in addition to any and all funds provided for fiscal year 2010
    in this or any other Act for ``Federal-aid Highways'' and shall not
    affect the distribution of funds provided for ``Federal-aid Highways''
    in any other Act: Provided further, That the amounts made available
    under this section shall not be subject to any limitation on obligations
    for Federal-aid highways or highway safety construction programs set
    forth in any Act: Provided further, <<NOTE: Applicability.>> That
    section 1101(b) of Public Law 109-59 shall apply to funds apportioned
    under this section.

        Sec. 123.  <<NOTE: Time period. Notice. Public comments. 23 USC 313
    note.>> Not less than 15 days prior to waiving, under his statutory
    authority, any Buy America requirement for Federal-aid highway projects,
    the Secretary of Transportation shall make an informal public notice and
    comment opportunity on the intent to issue such waiver and the reasons
    therefor: <<NOTE: Reports.>> Provided, That the Secretary shall provide
    an annual report to the Appropriations Committees of the Congress on any
    waivers granted under the Buy America requirements.

        Sec. 124. <<NOTE: Texas.>> (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

    [[Page 123 STAT. 3049]]

            lane for purposes of determining whether a highway will have
            fewer non-toll lanes than prior to the date of imposition of the
            toll, if--
                        (A) high-occupancy vehicles occupied by the number
                    of passengers specified by the entity operating the toll
                    lane may use the toll lane without paying a toll, unless
                    otherwise specified by the appropriate county, town,
                    municipal or other local government entity, or public
                    toll road or transit authority; or
                        (B) each high-occupancy vehicle lane that was
                    converted to a toll lane was constructed as a temporary
                    lane to be replaced by a toll lane under a plan approved
                    by the appropriate county, town, municipal or other
                    local government entity, or public toll road or transit
                    authority.

        Sec. 125. (a) In the explanatory statement referenced in section 129
    of division K of Public Law 110-161 (121 Stat. 2388), the item relating
    to ``Route 5 Overpass and River Center, St. Mary's County, MD'' in the
    table of projects for such section 129 is deemed to be amended by
    striking ``Route 5 Overpass and River Center, St. Mary's County, MD''
    and inserting ``Safety Improvements and Traffic Calming Measures along
    Route 5 at St. Mary's County, MD''.
        (b) In the explanatory statement referenced in section 186 of title
    I of division I of Public Law 111-8 (123 Stat. 947), the item relating
    to ``US 422 River Crossing Complex Project, King of Prussia, PA'' in the
    table of projects under the heading ``Transportation, Community, and
    System Preservation Program'' is deemed to be amended by striking ``US
    422 River Crossing Complex Project, King of Prussia, PA'' and inserting
    ``For closed loop signal control system and other improvements for
    Trooper Road in Lower Providence and West Norriton Townships, Montgomery
    County, PA''.
        (c) In the explanatory statement referenced in section 186 of title
    I of division I of Public Law 111-8 (123 Stat. 947), the item relating
    to ``Improving the West Bank River Front, IL'' in the table of projects
    under the heading ``Transportation, Community, and System Preservation
    Program'' is deemed to be amended by striking ``Improving the West Bank
    River Front, IL'' and inserting ``East Bank River Front and Bikeway
    Improvements, IL''.
        (d) In the explanatory statement referenced in section 186 of title
    I of division K of Public Law 110-161 (121 Stat. 2406), as amended by
    section 129(d) of division I of Public Law 111-8 (123 Stat. 947), the
    item relating to ``Repair of Side Streets and Relocation of Water Mains
    resulting from rerouting of traffic and reconstruction of 159th Street
    in Harvey, IL'' in the table of projects under the heading
    ``Transportation, Community, and System Preservation Program'' is deemed
    to be amended by striking ``Repair of Side Streets and Relocation of
    Water Mains resulting from rerouting of traffic and reconstruction of
    159th Street in Harvey, IL'' and inserting ``Intersection Improvements
    on Crawford Avenue and 203rd Street in the Village of Olympia Fields,
    IL''.
        (e) In the explanatory statement referenced in section 129 of
    division K of Public Law 110-161 (121 Stat. 2388), the item relating to
    ``Study Improvements to 109th Avenue, Winfield, IN'' in the table of
    projects for such section 129 is deemed to be amended by striking
    ``Winfield, IN'' and inserting ``Town of Winfield, City of Crown Point,
    Lake County, IN''.

    [[Page 123 STAT. 3050]]

        (f) In the explanatory statement referenced in section 186 of title
    I of division I of Public Law 111-8 (123 Stat. 947), the item relating
    to ``Ronald Reagan Parkway (Middle and Southern segments), Boone County,
    IN'' in the table of projects under the heading ``Transportation,
    Community, and System Preservation Program'' is deemed to be amended by
    striking ``Boone County'' and inserting ``Hendricks County''.
        (g) In the explanatory statement referenced in section 186 of title
    I of division I of Public Law 111-8 (123 Stat. 947), the item relating
    to ``Onville Road Intersection and Road-Widening Project, Prince William
    County, VA'' in the table of projects under the heading ``Federal
    Lands'' is deemed to be amended by striking ``Prince William'' and
    inserting ``Stafford''.
        (h) In the explanatory statement referenced in section 186 of title
    I of division I of Public Law 111-8 (123 Stat. 947), the item relating
    to ``U.S. 59/Alabama Grade Separation Project, St. Joseph, MO'' in the
    table of projects under the heading ``Interstate Maintenance
    Discretionary'' is deemed to be amended by striking ``U.S. 59/Alabama
    Grade Separation Project, St. Joseph, MO'' and inserting ``I-29
    Interchange Reconstruction in St. Joseph, MO''.
        (i) In the explanatory statement referenced in section 186 of title
    I of division I of Public Law 111-8 (123 Stat. 947), the item relating
    to ``Decking and Sidewalk Replacement on the Central Avenue Overpass,
    South Charleston, WV'' in the table of projects under the heading
    ``Interstate Maintenance Discretionary'' is deemed to be amended by
    striking ``Decking and Sidewalk Replacement on the Central Avenue
    Overpass, South Charleston, WV'' and inserting ``General Interstate
    Maintenance, WV''.
        (j) In the explanatory statement referenced in section 125 of title
    I of division I of Public Law 111-8 (123 Stat. 928), the item relating
    to ``Wapsi Great Western Line Trail, Mitchell County, IA'' is deemed to
    be amended by striking ``Mitchell County'' and inserting ``Mitchell and
    Howard Counties''.
        (k) In the explanatory statement referenced in section 125 of title
    I of division I of Public Law 111-8 (123 Stat. 928), the item relating
    to ``Highway 169 Corridor Project Environmental Assessment, Preliminary
    Engineering and Planning, Humboldt, IA'' is deemed to be amended by
    striking ``Corridor Project Environmental Assessment, Preliminary
    Engineering and Planning, Humboldt, IA'' and inserting ``Construction,
    Humboldt and Webster Counties, IA''.
        (l) In the explanatory statement referenced in section 125 of title
    I of division I of Public Law 111-8 (123 Stat. 928), the item relating
    to ``Highway 53 Interchanges, WI'' is deemed to be amended by striking
    ``Interchanges'' and inserting ``Intersections''.
        Sec. 126.  Item 4866A in the table contained in section 1702 of the
    Safe, Accountable, Flexible, Efficient Transportation Equity Act: A
    Legacy for Users (Public Law 109-59) <<NOTE: 119 Stat. 1442; 122 Stat.
    1596.>> 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) <<NOTE: 119 Stat. 1407.>> 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

    [[Page 123 STAT. 3051]]

    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 <<NOTE: 119 Stat.
    1378.>> 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 <<NOTE: 119 Stat. 1431.>> and inserting the
    following: ``Design and construct interchange on I-15 in Mesquite''.

                   Federal Motor Carrier Safety Administration

                  motor carrier safety operations and programs

                     (liquidation of contract authorization)

                           (limitation on obligations)

                              (highway trust fund)

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

    [[Page 123 STAT. 3052]]

                           motor carrier safety grants

                     (liquidation of contract authorization)

                           (limitation on obligations)

                              (highway trust fund)

                             (including rescission)

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

                              motor carrier safety

                              (highway trust fund)

                                  (rescission)

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

    [[Page 123 STAT. 3053]]

                      national motor carrier safety program

                              (highway trust fund)

                                  (rescission)

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

      administrative provision--federal motor carrier safety administration

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

                 National Highway Traffic Safety Administration

                             operations and research

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

                             operations and research

                     (liquidation of contract authorization)

                           (limitation on obligations)

                              (highway trust fund)

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

    [[Page 123 STAT. 3054]]

                            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

    [[Page 123 STAT. 3055]]

    109-59; $7,000,000 shall be for ``Motorcyclist Safety'' under section
    2010 of Public Law 109-59; and $7,000,000 shall be for ``Child Safety
    and Child Booster Seat Safety Incentive Grants'' under section 2011 of
    Public Law 109-59: Provided further, That none of these funds shall be
    used for construction, rehabilitation, or remodeling costs, or for
    office furnishings and fixtures for State, local or private buildings or
    structures: Provided further, That not to exceed $500,000 of the funds
    made available for section 410 ``Alcohol-Impaired Driving
    Countermeasures Grants'' shall be available for technical assistance to
    the States: Provided further, That not to exceed $750,000 of the funds
    made available for the ``High Visibility Enforcement Program'' shall be
    available for the evaluation required under section 2009(f) of Public
    Law 109-59.

           administrative provisions--national highway traffic safety
                                 administration

                             (including rescissions)

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

                         Federal Railroad Administration

                              safety and operations

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

                        railroad research and development

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

    [[Page 123 STAT. 3056]]

            railroad rehabilitation and improvement financing program

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

                  rail line relocation and improvement program

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

                       railroad safety technology program

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

     capital <<NOTE: Grants.>> assistance for high speed rail corridors and
    intercity passenger rail service

        To enable the Secretary of Transportation to make grants for high-
    speed rail projects as authorized under section 26106 of title 49,
    United States Code, capital investment grants to support intercity
    passenger rail service as authorized under section 24406 of title 49,
    United States Code, and congestion grants as authorized under section
    24105 of title 49, United States Code, and to enter into cooperative
    agreements for these purposes as authorized, $2,500,000,000, to remain
    available until expended: Provided, That $50,000,000 of funds provided
    under this paragraph are available to the Administrator of the Federal
    Railroad Administration to fund the award and oversight by the
    Administrator of grants and cooperative agreements for intercity and
    high-speed rail: Provided further, That up to $30,000,000 of the funds
    provided under this paragraph are available to the Administrator for the
    purposes of conducting research and demonstrating technologies
    supporting the development of high-speed rail in the United States,
    including the demonstration of next-generation rolling stock fleet
    technology and the implementation of the Rail Cooperative Research
    Program authorized by section 24910 of title 49, United States Code:
    Provided further, That up to $50,000,000 of the funds provided under
    this paragraph may be used for planning activities that lead directly to
    the development of a passenger rail corridor investment plan consistent
    with the requirements established by the Administrator or a state rail
    plan consistent with chapter 227 of title 49, United States Code:
    Provided further, That the Secretary may retain a

    [[Page 123 STAT. 3057]]

    portion of the funds made available for planning activities under the
    previous proviso to facilitate the preparation of a service development
    plan and related environmental impact statement for high-speed corridors
    located in multiple States: <<NOTE: Guidance.>>  Provided further, That
    the Secretary shall issue interim guidance to applicants covering
    application procedures and administer the grants provided under this
    heading pursuant to that guidance until final regulations are issued:
    Provided further, That not less than 85 percent of the funds provided
    under this heading shall be for cooperative agreements that lead to the
    development of entire segments or phases of intercity or high-speed rail
    corridors: Provided further, <<NOTE: Rail plan. Deadline.>>  That the
    Secretary shall submit to Congress the national rail plan required by
    section 103(j) of title 49, United States Code, no later than September
    15, 2010: Provided further, <<NOTE: Deadline. Notification.>> That at
    least 30 days prior to issuing a letter of intent or cooperative
    agreement pursuant to Section 24402(f) of title 49, United States Code,
    for a major corridor development program, the Secretary shall provide to
    the House and Senate Committees on Appropriations written notification
    consisting of a business and public investment case for the proposed
    corridor program which shall include: a comprehensive analysis of the
    monetary and non-monetary costs and benefits of the corridor development
    program; an assessment of ridership, passenger travel time reductions,
    congestion relief benefits, environmental benefits, economic benefits,
    and other public benefits; operating financial forecasts for the
    program; a full capital cost estimation for the entire project,
    including the amount, source and security of non-Federal funds to
    complete the project; a summary of the grants management plan and an
    evaluation of the grantee's ability to sustain the project: Provided
    further, That the Federal share payable of the costs for which a grant
    or cooperative agreements is made under this heading shall not exceed 80
    percent: Provided further, <<NOTE: Applicability.>> 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: <<NOTE: Contracts.>> Provided further, That recipients of
    grants under this paragraph shall conduct all procurement transactions
    using such grant funds in a manner that provides full and open
    competition, as determined by the Secretary, in compliance with existing
    labor agreements.

         operating grants to the national railroad passenger corporation

        To enable the Secretary of Transportation to make quarterly grants
    to the National Railroad Passenger Corporation for the operation of
    intercity passenger rail, as authorized by section 101 of the Passenger
    Rail Investment and Improvement Act of 2008 (division B of Public Law
    110-432), $563,000,000, to remain available until expended:
    Provided, <<NOTE: Determination.>> 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

    [[Page 123 STAT. 3058]]

    General have agreed upon a set of policies and procedures for
    interacting with each other that are consistent with the letter and the
    spirit of the Inspector General Act of 1978, as amended: Provided
    further, <<NOTE: Time period. Evaluation.>> 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, <<NOTE: Deadline. Plan.>>  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, <<NOTE: Deadlines. Reports.>> That the Inspector
    General of the Department of Transportation shall provide semiannual
    reports to the House and Senate Committees on Appropriations on the
    estimated savings accrued as a result of all operational reforms
    instituted by the Corporation and estimations of possible future
    savings: Provided further, <<NOTE: Electronic
    submission. Deadline. Budget. Plans.>> That not later than 60 days after
    enactment of this Act, the Corporation shall transmit, in electronic
    format, to the Secretary, the Inspector General of Department of
    Transportation, the House and Senate Committees on Appropriations, the
    House Committee on Transportation and Infrastructure and the Senate
    Committee on Commerce, Science, and Transportation the annual budget and
    business plan and the 5-Year Financial Plan for fiscal year 2010
    required under section 204 of the Passenger Rail Investment and
    Improvement Act of 2008: Provided further, That the budget, business
    plan, and the 5-Year Financial Plan shall also include a separate
    accounting of ridership, revenues, and capital and operating expenses
    for the Northeast Corridor; commuter service; long-distance Amtrak
    service; State-supported service; each intercity train route, including
    Autotrain; and commercial activities including contract operations:
    Provided further, That the budget, business plan and the 5-Year
    Financial Plan shall include a description of work to be funded, along
    with cost estimates and an estimated timetable for completion of the
    projects covered by these plans: Provided
    further, <<NOTE: Deadlines. Reports. Electronic submission.>> That the
    Corporation shall provide semiannual reports in electronic format
    regarding the pending business plan, which shall describe the work
    completed to date, any changes to the business plan, and the reasons for
    such changes, and shall identify all sole source contract awards which
    shall be accompanied by a justification as to why said contract was
    awarded on a sole-source basis, as well as progress against the
    milestones and target dates of the 2009 performance improvement plan:
    Provided further, That the Corporation's budget, business plan, 5-Year
    Financial Plan, and all subsequent supplemental plans shall be displayed

    [[Page 123 STAT. 3059]]

    on the Corporation's website within a reasonable timeframe following
    their submission to the appropriate entities: Provided further, That
    these plans shall be accompanied by a comprehensive fleet plan for all
    Amtrak rolling stock which shall address the Corporation's detailed
    plans and timeframes for the maintenance, refurbishment, replacement,
    and expansion of the Amtrak fleet: Provided further, That said fleet
    plan shall establish year-specific goals and milestones and discuss
    potential, current, and preferred financing options for all such
    activities: Provided further, That none of the funds under this heading
    may be obligated or expended until the Corporation agrees to continue
    abiding by the provisions of paragraphs 1, 2, 5, 9, and 11 of the
    summary of conditions for the direct loan agreement of June 28, 2002, in
    the same manner as in effect on the date of enactment of this
    Act: <<NOTE: Budget request.>> Provided further, That concurrent with
    the President's budget request for fiscal year 2011, the Corporation
    shall submit to the House and Senate Committees on Appropriations a
    budget request for fiscal year 2011 in similar format and substance to
    those submitted by executive agencies of the Federal Government.

       capital and debt service grants to the national railroad passenger
                                   corporation

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

           administrative provisions--federal railroad administration

        Sec. 151.  The Secretary may purchase promotional items of nominal
    value for use in public outreach activities to accomplish

    [[Page 123 STAT. 3060]]

    the purposes of 49 U.S.C. 20134: <<NOTE: Guidelines.>> 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. <<NOTE: Definition.>> 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.  <<NOTE: Reports. Deadlines.>> The Administrator of the
    Federal Railroad Administration shall submit a report on April 1, 2010,
    and quarterly reports thereafter, to the House and Senate Committees on
    Appropriations detailing the Administrator's efforts at improving the
    on-time performance of Amtrak intercity rail service operating on non-
    Amtrak owned property. Such reports shall compare the most recent actual
    on-time performance data to pre-established on-time performance goals
    that the Administrator shall set for each rail service, identified by
    route. Such reports shall also include whatever other information and
    data regarding the on-time performance of Amtrak trains the
    Administrator deems to be appropriate.

        Sec. 155.  In the Explanatory Statement referenced in division I of
    Public Law 111-8 under the heading Railroad Research and Development the
    item relating to ``San Gabriel trench grade separation project, Alameda
    Corridor, CA'' is deemed to be amended by inserting ``Alameda Corridor
    East Construction Authority Grade Separations, CA.''.
        Sec. 156.  In the Explanatory Statement referenced in division K of
    Public Law 110-161 under the heading Rail Line Relocation and
    Improvement Program the item relating to ``Mt. Vernon railroad cut, NY''
    is deemed to be amended by inserting ``Rail Line and Station Improvement
    and Rehabilitation, Mount Vernon, NY.''.
        Sec. 157.  <<NOTE: Washington.>> Notwithstanding any other provision
    of law, funds provided in Public Law 111-8 for ``Lincoln Avenue Grade
    Separation, Port of Tacoma, Washington'' shall be made available for
    this project as therein described.

        Sec. 158.  <<NOTE: Illinois.>> The Administrator of the Federal
    Railroad Administration, in cooperation with the Illinois Department of
    Transportation (IDOT), may provide technical and financial assistance to
    IDOT and local and county officials to study the feasibility of 10th
    Street, or other alternatives, in Springfield, Illinois, as a route for
    consolidated freight rail operations and/or combined freight and
    passenger rail operations within the city of Springfield.

    [[Page 123 STAT. 3061]]

        Sec. 159. <<NOTE: Deadlines. Reports. 49 USC 24305 note.>>  (a)
    Amtrak Security Evaluation.--No later than 180 days after the enactment
    of this Act, Amtrak, in consultation with the Assistant Secretary of
    Homeland Security (Transportation Security Administration), shall submit
    a report to Congress that contains--

        (1) a comprehensive, system-wide, security evaluation; and
        (2) proposed guidance and procedures necessary to implement a new
    checked firearms program.
        (b) <<NOTE: Firearms.>>  Developement and Implementation of Guidance
    and Procedures.--

        (1) In General.--Not later than one year after the enactment of this
    Act, Amtrak, in consultation with the Assistant Secretary, shall develop
    and implement guidance and procedures to carry out the duties and
    responsibilities of firearm storage and carriage in checked baggage cars
    and at Amtrak stations that accept checked baggage.
        (2) Scope.--The guidance and procedures developed under paragraph
    (1) shall--
                (A) permit Amtrak passengers holding a ticket for a specific
            Amtrak route to place an unloaded firearm or starter pistol in a
            checked bag on such route if--
                        (i) the Amtrak station accepts checked baggage for
                    such route;
                        (ii) the passenger declares to Amtrak, either orally
                    or in writing, at the time the reservation is made or
                    not later than 24 hours before departure, that the
                    firearm will be placed in his or her bag and will be
                    unloaded;
                        (iii) the firearm is in a hard-sided container;
                        (iv) such container is locked; and
                        (v) only the passenger has the key or combination
                    for such container;
                (B) <<NOTE: Ammunition.>> permit Amtrak passengers holding a
            ticket for a specific Amtrak route to place small arms
            ammunition for personal use in a checked bag on such route if
            the ammunition is securely packed--
                        (i) in fiber, wood, or metal boxes; or
                        (ii) in other packaging specifically designed to
                    carry small amounts of ammunition; and
                (C) include any other measures needed to ensure the safety
            and security of Amtrak employees, passengers, and
            infrastructure, including--
                        (i) in fiber, wood, or metal boxes; or
                        (ii) in other packaging specifically designed to
                    carry small amounts of ammunition; and

        (c) Definitions.--
        (1) For purposes of this section, the term ``checked baggage''
    refers to baggage transported that is accessible only to select Amtrak
    employees.

                         Federal Transit Administration

                             administrative expenses

        For necessary administrative expenses of the Federal Transit
    Administration's programs authorized by chapter 53 of title 49, United
    States Code, $98,911,000: Provided, That of the funds available under
    this heading, not to exceed $1,809,000 shall be available

    [[Page 123 STAT. 3062]]

    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: <<NOTE: Audits.>> Provided further, That of the
    amounts made available under this heading not to exceed $75,000 shall be
    paid from appropriations made available by this Act and provided to the
    Department of Transportation Office of Inspector General through
    reimbursement to conduct the annual audits of financial statements in
    accordance with section 3521 of title 31, United States
    Code: <<NOTE: Deadline. Reports.>> Provided further, That upon
    submission to the Congress of the fiscal year 2011 President's budget,
    the Secretary of Transportation shall transmit to Congress the annual
    report on new starts, including proposed allocations of funds for fiscal
    year 2011.

                             formula and bus grants

                       (liquidation of contract authority)

                           (limitation on obligations)

                              (highway trust fund)

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

                    research and university research centers

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

    [[Page 123 STAT. 3063]]

                            capital investment grants

                          (including transfer of funds)

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

           grants for energy efficiency and greenhouse gas reductions

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

          grants to the washington metropolitan area transit authority

        For grants to the Washington Metropolitan Area Transit Authority as
    authorized under section 601 of division B of Public Law 110-432,
    $150,000,000, to remain available until expended: Provided, That the
    Secretary shall approve grants for capital and preventive maintenance
    expenditures for the Washington Metropolitan Area Transit Authority only
    after receiving and reviewing a request for each specific
    project: <<NOTE: Determination.>> 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.

    [[Page 123 STAT. 3064]]

        Sec. 161.  Notwithstanding any other provision of law, funds
    appropriated or limited by this Act under ``Federal Transit
    Administration, Capital Investment Grants'' and for bus and bus
    facilities under ``Federal Transit Administration, Formula and Bus
    Grants'' for projects specified in this Act or identified in reports
    accompanying this Act not obligated by September 30, 2012, and other
    recoveries, shall be directed to projects eligible to use the funds for
    the purposes for which they were originally provided.
        Sec. 162.  Notwithstanding any other provision of law, any funds
    appropriated before October 1, 2009, under any section of chapter 53 of
    title 49, United States Code, that remain available for expenditure, may
    be transferred to and administered under the most recent appropriation
    heading for any such section.
        Sec. 163.  Notwithstanding any other provision of law, unobligated
    funds made available for new fixed guideway system projects under the
    heading ``Federal Transit Administration, Capital investment grants'' in
    any appropriations Act prior to this Act may be used during this fiscal
    year to satisfy expenses incurred for such projects.
        Sec. 164.  During fiscal year 2010, each Federal Transit
    Administration grant for a project that involves the acquisition or
    rehabilitation of a bus to be used in public transportation shall be
    funded for 90 percent of the net capital costs of a biodiesel bus or a
    factory-installed or retrofitted hybrid electric propulsion system and
    any equipment related to such a system: Provided, That the Secretary
    shall have the discretion to determine, through practicable
    administrative procedures, the costs attributable to the system and
    related-equipment.
        Sec. 165.  Notwithstanding any other provision of law, unobligated
    funds or recoveries under section 5309 of title 49, United States Code,
    that are available to the Secretary of Transportation for reallocation
    shall be directed to projects eligible to use the funds for the purposes
    for which they were originally provided.
        Sec. 166. (a) In the explanatory statement referenced in section 186
    of title I of division K of Public Law 110-161 (121 Stat. 2406), the
    item relating to ``Broward County Southwest Transit Facility'' in the
    table of projects under the heading ``Bus and Bus Facilities'' is deemed
    to be amended by striking ``Southwest'' and inserting ``Ravenswood''.
        (b) The explanatory statement referenced in section 186 of title I
    of division I of Public Law 111-8 for ``Alternatives analysis'' under
    ``Federal Transit Administration-Formula and Bus Grants'' is deemed to
    be amended by striking ``Hudson-Bergen Light Rail Extension Route 440,
    North Bergen, NJ'' and inserting ``Hudson-Bergen Light Rail Extension
    Route 440, Jersey City, NJ''.
        (c) Funds made available for the ``Phoenix/Regional Heavy
    Maintenance Facility, AZ'', ``Dial-a-Ride facility, Phoenix, AZ'' and
    the ``Phoenix Regional Heavy Bus Maintenance Facility, Arizona'' through
    the Department of Transportation Appropriations Acts for Fiscal Years
    2004, 2005 and 2008 that remain unobligated or unexpended shall be made
    available to the East Baseline Park-and-Ride Facility in Phoenix,
    Arizona.
        Sec. 167.  Funds made available for Alaska or Hawaii ferry boats or
    ferry terminal facilities pursuant to 49 U.S.C. 5309(m)(2)(B) may be
    used to construct new vessels and facilities, or to improve existing
    vessels and facilities, including both the passenger and vehicle-related
    elements of such vessels and facilities, and for repair

    [[Page 123 STAT. 3065]]

    facilities: Provided, That not more than $4,000,000 of the funds made
    available pursuant to 49 U.S.C. 5309(m)(2)(B) may be used by the City
    and County of Honolulu to operate a passenger ferry boat service
    demonstration project to test the viability of different intra-island
    ferry boat routes and technologies.
        Sec. 168.  In determining the local share of the cost of the project
    authorized to be carried out under section 3043(c)(70) of the Safe,
    Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for
    Users (Public Law 109-59; 119 Stat. 1644) for purposes of the rating
    process for New Starts projects, the Secretary shall consider any
    portion of the corridor advanced entirely with non-Federal funds.
        Sec. 169.  <<NOTE: Recommenda- tions.>> 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: <<NOTE: Reports. Implementation plan. Deadline.>> Provided
    further, That the Secretary shall transmit to the House and Senate
    Committees on Appropriations, the House Committee on Transportation and
    Infrastructure, and the Senate Committee on Banking, Housing, and Urban
    Affairs a report outlining these recommendations and a plan for their
    implementation by the Department of Transportation no later than 45 days
    after enactment of this Act.

        Sec. 170.  Notwithstanding any other provision of law, the Secretary
    of Transportation shall not reallocate any funding made available for
    items 523, 267, and 131 of section 3044 of the Safe, Accountable,
    Flexible, Efficient Transportation Equity Act: A Legacy for Users
    (Public Law 109-59).
        Sec. 171.  Notwithstanding any other provision of law, for fiscal
    year 2010, the total estimated amount of future obligations of the
    Government and contingent commitments to incur obligations covered by
    all outstanding full funding grant agreements entered into on or before
    September 30, 2009, and all outstanding letters of intent and early
    systems work agreements under subsection 5309(g) of Title 49, United
    States Code, for major new fixed guideway capital projects may be not
    more than the sum of the amount authorized under subsections
    5338(a)(3)(iv) and 5338(c) of such title for such projects and an amount
    equivalent to the last 3 fiscal years of funding allocated under
    subsections 5309(m)(1)(A) and (m)(2)(A)(ii) of such title, for such
    projects, less an amount the Secretary reasonably estimates is necessary
    for grants under subsection 5309(b)(1) of such title for those of such
    projects that are not covered by a letter or
    agreement: <<NOTE: Determination.>> Provided, That the Secretary may
    enter into full funding grant agreements under subsection 5309(g)(2) of
    such title for major new fixed guideway capital projects that contain
    contingent commitments to incur obligations in such amounts as the
    Secretary determines are appropriate.

        Sec. 172.  None of the funds provided or limited under this Act may
    be used to enforce regulations related to charter bus service under part
    604 of title 49, Code of Federal Regulations, for any transit agency who
    during fiscal year 2008 was both initially

    [[Page 123 STAT. 3066]]

    granted a 60-day period to come into compliance with part 604, and then
    was subsequently granted an exception from said part.
        Sec. 173.  <<NOTE: 49 USC 5309 note.>> 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: <<NOTE: Evaluation.>> 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

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

                           operations and maintenance

                         (harbor maintenance trust fund)

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

                             Maritime Administration

                            maritime security program

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

                             operations and training

        For necessary expenses of operations and training activities
    authorized by law, $149,750,000, of which $11,240,000 shall remain
    available until expended for maintenance and repair of training ships at
    State Maritime Academies, and of which $15,000,000 shall remain
    available until expended for capital improvements at the United States
    Merchant Marine Academy, and of which $59,057,000 shall be available for
    operations at the United States Merchant Marine Academy: Provided, That
    amounts apportioned for the United States Merchant Marine Academy shall
    be available only upon allotments made personally by the Secretary of
    Transportation

    [[Page 123 STAT. 3067]]

    or the Assistant Secretary for Budget and Programs: Provided further,
    That the Superintendent, Deputy Superintendent and the Director of the
    Office of Resource Management of the United States Merchant Marine
    Academy may not be allotment holders for the United States Merchant
    Marine Academy, and the Administrator of Maritime Administration shall
    hold all allotments made by the Secretary of Transportation or the
    Assistant Secretary for Budget and Programs under the previous
    proviso: <<NOTE: Expenditure plan.>> 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 <<NOTE: Grants. Deadlines.>>

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

               maritime guaranteed loan (title xi) program account

                          (including transfer of funds)

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

               administrative provisions--maritime administration

        Sec. 175.  Notwithstanding any other provision of this Act, the
    Maritime Administration is authorized to furnish utilities and services
    and make necessary repairs in connection with any lease, contract, or
    occupancy involving Government property under control of the Maritime
    Administration, and payments received therefor

    [[Page 123 STAT. 3068]]

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

             Pipeline and Hazardous Materials Safety Administration

                              operational expenses

                             (pipeline safety fund)

                          (including transfer of funds)

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

                           hazardous materials safety

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

                                 pipeline safety

                             (pipeline safety fund)

                        (oil spill liability trust fund)

        For expenses necessary to conduct the functions of the pipeline
    safety program, for grants-in-aid to carry out a pipeline safety
    program, as authorized by 49 U.S.C. 60107, and to discharge the pipeline
    program responsibilities of the Oil Pollution Act of 1990, $105,239,000,
    of which $18,905,000 shall be derived from the Oil Spill Liability Trust
    Fund and shall remain available until September 30, 2012; and of which
    $86,334,000 shall be derived from

    [[Page 123 STAT. 3069]]

    the Pipeline Safety Fund, of which $47,332,000 shall remain available
    until September 30, 2012: Provided, That not less than $1,048,000 of the
    funds provided under this heading shall be for the one-call State grant
    program.

                          emergency preparedness grants

                          (emergency preparedness fund)

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

                Research and Innovative Technology Administration

                            research and development

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

                           Office of Inspector General

                              salaries and expenses

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

                          Surface Transportation Board

                              salaries and expenses

        For necessary expenses of the Surface Transportation Board,
    including services authorized by 5 U.S.C. 3109, $29,066,000: Provided,
    That notwithstanding any other provision of law, not to exceed
    $1,250,000 from fees established by the Chairman of the

    [[Page 123 STAT. 3070]]

    Surface Transportation Board shall be credited to this appropriation as
    offsetting collections and used for necessary and authorized expenses
    under this heading: Provided further, That the sum herein appropriated
    from the general fund shall be reduced on a dollar-for-dollar basis as
    such offsetting collections are received during fiscal year 2010, to
    result in a final appropriation from the general fund estimated at no
    more than $27,816,000.

                General Provisions--department of Transportation

        Sec. 180.  During the current fiscal year applicable appropriations
    to the Department of Transportation shall be available for maintenance
    and operation of aircraft; hire of passenger motor vehicles and
    aircraft; purchase of liability insurance for motor vehicles operating
    in foreign countries on official department business; and uniforms or
    allowances therefor, as authorized by law (5 U.S.C. 5901-5902).
        Sec. 181.  Appropriations contained in this Act for the Department
    of Transportation shall be available for services as authorized by 5
    U.S.C. 3109, but at rates for individuals not to exceed the per diem
    rate equivalent to the rate for an Executive Level IV.
        Sec. 182.  <<NOTE: Appointees.>> 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

    [[Page 123 STAT. 3071]]

    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.  <<NOTE: Grants. Notifications. Deadline.>> 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, <<NOTE: Notification.>> 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

    [[Page 123 STAT. 3072]]

                    ``improper payments'', has the same meaning as that
                    provided in section 2(d)(2) of Public Law 107-300.

        Sec. 191.  <<NOTE: Notification.>> 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: <<NOTE: Deadline.>> 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.  <<NOTE: Filing fees.>> 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: <<NOTE: Contracts.>> 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) <<NOTE: 23 USC 127 note.>> 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. <<NOTE: Effecive date. 23 USC 127 note.>> --Effective
    as of the date that is 366 days after the date of enactment of this Act,
    section 127(a)(11) of title 23, United States Code, is amended by
    striking ``all portions of the Interstate Highway System in the State,
    laws (including regulations)'' and inserting ``that portion of the Maine
    Turnpike designated Route 95 and 495, and that portion of Interstate
    Route 95 from the southern terminus of the Maine Turnpike to the New
    Hampshire State line, laws (including regulations)''.

        (d) Vermont Pilot Program.--Section 127(a) of title 23, United
    States Code, is amended by adding at the end the following:
                ``(13) Vermont pilot program.--
                        ``(A) In general. <<NOTE: Applicability.>> --With
                    respect to Interstate Routes 89, 91, and 93 in the State
                    of Vermont, laws (including regulations) of that State
                    concerning vehicle weight limitations applicable to
                    State highways other than the Interstate system shall be
                    applicable in lieu of the requirements of this
                    subsection.''.

    [[Page 123 STAT. 3073]]

        (e) <<NOTE: 23 USC 127 note.>> Period of Effectiveness for the
    Vermont Pilot Program.--The amendment made by subsection (d) shall be in
    effect during the 1-year period beginning on the date of enactment of
    this Act.

        (f) Reversion for the Vermont Pilot Program. <<NOTE: Effective
    date. 23 USC 127 note.>> --Effective as of the date that is 366 days
    after the date of enactment of this Act, section 127(a) of title 23,
    United States Code, is amended by striking paragraph (13).

        (g) Report on the Vermont Pilot Program.--Not later than 2 years
    after the date of enactment of this paragraph, the Secretary shall
    complete and submit to Congress a report on the effects of the pilot
    program under this paragraph on highway safety, bridge and road
    durability, commerce, truck volumes, and energy use within the State of
    Vermont.
        Sec. 195.  <<NOTE: Study.>> The Secretary shall initiate an
    independent and comprehensive study and analysis to supplement that
    authorized under section 108, division C, of Public Law 111-8: Provided,
    That the Department of Transportation shall work with and coordinate
    with the Departments of Energy, Commerce and Agriculture to develop a
    comprehensive understanding of the full value of river flow support to
    users in the Mississippi and Missouri Rivers: Provided further, That
    subjects of analysis shall include energy (including hydropower and
    generation cooling), and water transport (including water-compelled
    rates, projected total transportation congestion considerations,
    transportation energy efficiency, air quality and carbon emissions) and
    water users (including the number and distribution of people,
    households, municipalities, and business throughout the Missouri and
    Mississippi River basins who use river water for multiple purposes):
    Provided further, That in addition to understanding current value, the
    Department is directed to work with appropriate Federal partners to
    develop recommendations on how to minimize impediments to growth and
    maximize water value of benefits related to energy production and
    efficiency, congestion relief, trade and transport efficiency, and air
    quality: Provided further, <<NOTE: Recommenda- tions.>> 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.  <<NOTE: Nevada.>> 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.

    [[Page 123 STAT. 3074]]

        This title may be cited as the ``Department of Transportation
    Appropriations Act, 2010''.

          TITLE II <<NOTE: Department of Housing and Urban Development
    Appropriations Act, 2010.>>

                   DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

                          Management and Administration

                               Executive Direction

        For necessary salaries and expenses for Executive Direction,
    $26,855,000, of which not to exceed $4,619,000 shall be available for
    the immediate Office of the Secretary and Deputy Secretary; not to
    exceed $1,703,000 shall be available for the Office of Hearings and
    Appeals; not to exceed $778,000 shall be available for the Office of
    Small and Disadvantaged Business Utilization; not to exceed $727,000
    shall be available for the immediate Office of the Chief Financial
    Officer; not to exceed $1,474,000 shall be available for the immediate
    Office of the General Counsel; not to exceed $2,912,000 shall be
    available to the Office of the Assistant Secretary for Congressional and
    Intergovernmental Relations; not to exceed $3,996,000 shall be available
    for the Office of the Assistant Secretary for Public Affairs; not to
    exceed $1,218,000 shall be available for the Office of the Assistant
    Secretary for Administration; not to exceed $2,125,000 shall be
    available to the Office of the Assistant Secretary for Public and Indian
    Housing; not to exceed $1,781,000 shall be available to the Office of
    the Assistant Secretary for Community Planning and Development; not to
    exceed $3,497,000 shall be available to the Office of the Assistant
    Secretary for Housing, Federal Housing Commissioner; not to exceed
    $1,097,000 shall be available to the Office of the Assistant Secretary
    for Policy Development and Research; and not to exceed $928,000 shall be
    available to the Office of the Assistant Secretary for Fair Housing and
    Equal Opportunity: Provided, <<NOTE: Transfer
    authority. Notification.>> 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, <<NOTE: Notice.>> 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: <<NOTE: Notification.>> Provided
    further, That the Secretary shall provide the Committees on
    Appropriations quarterly written notification regarding the status of
    pending congressional reports: Provided
    further, <<NOTE: Reports. Electronic submission.>> That the Secretary
    shall provide all signed reports required by Congress electronically:
    Provided further, That not to exceed $25,000 of the amount made
    available under this paragraph for the immediate Office of the Secretary
    shall be available for official reception and representation expenses as
    the Secretary may determine.

                    administration, operations and management

        For necessary salaries and expenses for administration, operations
    and management for the Department of Housing and Urban Development,
    $537,011,000, of which not to exceed $76,958,000

    [[Page 123 STAT. 3075]]

    shall be available for the personnel compensation and benefits of the
    Office of Administration; not to exceed $9,623,000 shall be available
    for the personnel compensation and benefits of the Office of
    Departmental Operations and Coordination; not to exceed $51,275,000
    shall be available for the personnel compensation and benefits of the
    Office of Field Policy and Management; not to exceed $14,649,000 shall
    be available for the personnel compensation and benefits of the Office
    of the Chief Procurement Officer; not to exceed $35,197,000 shall be
    available for the personnel compensation and benefits of the remaining
    staff in the Office of the Chief Financial Officer; not to exceed
    $89,062,000 shall be available for the personnel compensation and
    benefits of the remaining staff in the Office of the General Counsel;
    not to exceed $3,296,000 shall be available for the personnel
    compensation and benefits of the Office of Departmental Equal Employment
    Opportunity; not to exceed $1,393,000 shall be available for the
    personnel compensation and benefits for the Center for Faith-Based and
    Community Initiatives; not to exceed $2,400,000 shall be available for
    the personnel compensation and benefits for the Office of
    Sustainability; not to exceed $3,288,000 shall be available for the
    personnel compensation and benefits for the Office of Strategic Planning
    and Management; and not to exceed $249,870,000 shall be available for
    non-personnel expenses of the Department of Housing and Urban
    Development: Provided, That, funds provided under this heading may be
    used for necessary administrative and non-administrative expenses of the
    Department of Housing and Urban Development, not otherwise provided for,
    including purchase of uniforms, or allowances therefor, as authorized by
    5 U.S.C. 5901-5902; hire of passenger motor vehicles; services as
    authorized by 5 U.S.C. 3109: Provided further, That notwithstanding any
    other provision of law, funds appropriated under this heading may be
    used for advertising and promotional activities that support the housing
    mission area: Provided further, <<NOTE: Transfer authority.>> 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.

    [[Page 123 STAT. 3076]]

                                     housing

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

             office of the government national mortgage association

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

                         policy development and research

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

                       fair housing and equal opportunity

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

                 office of healthy homes and lead hazard control

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

                            Public and Indian Housing

                         tenant-based rental assistance

                          (including transfer of funds)

        For activities and assistance for the provision of tenant-based
    rental assistance authorized under the United States Housing Act of
    1937, as amended (42 U.S.C. 1437 et seq.) (``the Act'' herein), not
    otherwise provided for, $14,184,200,000, to remain available until
    expended, shall be available on October 1, 2009 (in addition to the
    $4,000,000,000 previously appropriated under this heading that will
    become available on October 1, 2009), and $4,000,000,000, to remain
    available until expended, shall be available on October 1, 2010:
    Provided, That of the amounts made available under this heading are
    provided as follows:
                (1) $16,339,200,000 shall be available for renewals of
            expiring section 8 tenant-based annual contributions contracts
            (including renewals of enhanced vouchers under any provision of
            law authorizing such assistance under section 8(t) of the Act)
            and including renewal of other special purpose vouchers
            initially funded in fiscal year 2008 and 2009 such as Family
            Unification, Veterans Affairs Supportive Housing Vouchers and
            Non-elderly Disabled Vouchers): Provided, That notwithstanding
            any other provision of law, from amounts provided under this
            paragraph and any carryover, the Secretary for the calendar year
            2010 funding cycle shall provide renewal funding for each public
            housing agency based on voucher management system (VMS) leasing
            and cost data for the most recent Federal fiscal year and by
            applying the most recent Annual Adjustment Factor as established
            by the Secretary,

    [[Page 123 STAT. 3077]]

            and by making any necessary adjustments for the costs associated
            with deposits to family self-sufficiency program escrow accounts
            or first-time renewals including tenant protection or HOPE VI
            vouchers: Provided further, That none of the funds provided
            under this paragraph may be used to fund a total number of unit
            months under lease which exceeds a public housing agency's
            authorized level of units under contract, except for public
            housing agencies participating in the Moving to Work
            demonstration, which are instead governed by the terms and
            conditions of their MTW agreements:  Provided further, That the
            Secretary shall, to the extent necessary to stay within the
            amount specified under this paragraph (except as otherwise
            modified under this Act), pro rate each public housing agency's
            allocation otherwise established pursuant to this paragraph:
            Provided further, <<NOTE: Notification. Deadline.>> That except
            as provided in the last two provisos, the entire amount
            specified under this paragraph (except as otherwise modified
            under this Act) shall be obligated to the public housing
            agencies based on the allocation and pro rata method described
            above, and the Secretary shall notify public housing agencies of
            their annual budget not later than 60 days after enactment of
            this Act: Provided further, That the Secretary may extend the
            60-day notification period with the prior written approval of
            the House and Senate Committees on Appropriations: Provided
            further, That public housing agencies participating in the
            Moving to Work demonstration shall be funded pursuant to their
            Moving to Work agreements and shall be subject to the same pro
            rata adjustments under the previous provisos: Provided further,
            That up to $150,000,000 shall be available only: (1) to adjust
            the allocations for public housing agencies, after application
            for an adjustment by a public housing agency that experienced a
            significant increase, as determined by the Secretary, in renewal
            costs of tenant-based rental assistance resulting from
            unforeseen circumstances or from portability under section 8(r)
            of the Act; (2) for adjustments for public housing agencies with
            voucher leasing rates at the end of the calendar year that
            exceed the average leasing for the 12-month period used to
            establish the allocation; (3) for adjustments for the costs
            associated with VASH vouchers; or (4) for vouchers that were not
            in use during the 12-month period in order to be available to
            meet a commitment pursuant to section 8(o)(13) of the Act:
            Provided further, That the Secretary shall allocate amounts
            under the previous proviso based on need as determined by the
            Secretary: Provided further, That of the amounts made available
            under this paragraph, up to $100,000,000 may be transferred to
            and merged with the appropriation for ``Transformation
            Initiative'';
                (2) $120,000,000 shall be for section 8 rental assistance
            for relocation and replacement of housing units that are
            demolished or disposed of pursuant to the Omnibus Consolidated
            Rescissions and Appropriations Act of 1996 (Public Law 104-134),
            conversion of section 23 projects to assistance under section 8,
            the family unification program under section 8(x) of the Act,
            relocation of witnesses in connection with efforts to combat
            crime in public and assisted housing pursuant to a request from
            a law enforcement or prosecution agency, enhanced vouchers under
            any provision of law authorizing such assistance under section
            8(t) of the Act, HOPE VI vouchers,

    [[Page 123 STAT. 3078]]

            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, <<NOTE: Vouchers.>>  That the Secretary shall provide
            replacement vouchers for all units that were occupied within the
            previous 24 months that cease to be available as assisted
            housing, subject only to the availability of funds;
                (3) $1,575,000,000 shall be for administrative and other
            expenses of public housing agencies in administering the section
            8 tenant-based rental assistance program, of which up to
            $50,000,000 shall be available to the Secretary to allocate to
            public housing agencies that need additional funds to administer
            their section 8 programs, including fees associated with section
            8 tenant protection rental assistance, the administration of
            disaster related vouchers, Veterans Affairs Supportive Housing
            vouchers, and other incremental vouchers: Provided, That no less
            than $1,525,000,000 of the amount provided in this paragraph
            shall be allocated to public housing agencies for the calendar
            year 2010 funding cycle based on section 8(q) of the Act (and
            related Appropriation Act provisions) as in effect immediately
            before the enactment of the Quality Housing and Work
            Responsibility Act of 1998 (Public Law 105-276): Provided
            further, That if the amounts made available under this paragraph
            are insufficient to pay the amounts determined under the
            previous proviso, the Secretary may decrease the amounts
            allocated to agencies by a uniform percentage applicable to all
            agencies receiving funding under this paragraph or may, to the
            extent necessary to provide full payment of amounts determined
            under the previous proviso, utilize unobligated balances,
            including recaptures and carryovers, remaining from funds
            appropriated to the Department of Housing and Urban Development
            under this heading, for fiscal year 2009 and prior fiscal years,
            notwithstanding the purposes for which such amounts were
            appropriated: Provided further, That amounts provided under this
            paragraph shall be only for activities related to the provision
            of tenant-based rental assistance authorized under section 8,
            including related development activities;
                (4) $60,000,000 shall be available for family self-
            sufficiency coordinators under section 23 of the Act;
                (5) $15,000,000 for incremental voucher assistance through
            the Family Unification Program: Provided, <<NOTE: Voucher
            extension.>> 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

    [[Page 123 STAT. 3079]]

            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: <<NOTE: Waiver authority.>> 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, <<NOTE: Voucher extension.>> That
            assistance made available under this paragraph shall continue to
            remain available for homeless veterans upon turn-over.

                            housing certificate fund

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

                           public housing capital fund

        For the Public Housing Capital Fund Program to carry out capital and
    management activities for public housing agencies, as authorized under
    section 9 of the United States Housing Act of 1937 (42 U.S.C. 1437g)
    (the ``Act'') $2,500,000,000, to remain available until September 30,
    2013: Provided, That notwithstanding any other provision of law or
    regulation, during fiscal year 2010 the Secretary of Housing and Urban
    Development may not delegate to any Department official other than the
    Deputy Secretary and the Assistant Secretary for Public and Indian
    Housing any authority under paragraph (2) of section 9(j) regarding the
    extension of the time periods under such section: Provided
    further, <<NOTE: Definition.>> That for purposes

    [[Page 123 STAT. 3080]]

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

                          public housing operating fund

                          (including transfer of funds)

        For 2010 payments to public housing agencies for the operation and
    management of public housing, as authorized by section 9(e) of the
    United States Housing Act of 1937 (42 U.S.C. 1437g(e)),
    $4,775,000,000: <<NOTE: 42 USC 1437g note.>> Provided, That, in fiscal
    year 2009 and all fiscal years hereafter, no amounts under this heading
    in any appropriations Act may be used for payments to public housing
    agencies for the costs of operation and management of public housing for
    any year prior to the current year of such Act: Provided further, That
    of the amounts made available under this heading, up to $15,000,000 may
    be transferred to and merged with the appropriation for ``Transformation
    Initiative''.

         revitalization of severely distressed public housing (hope vi)

        For grants to public housing agencies for demolition, site
    revitalization, replacement housing, and tenant-based assistance grants
    to projects as authorized by section 24 of the United States

    [[Page 123 STAT. 3081]]

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

                      native american housing block grants

        For the Native American Housing Block Grants program, as authorized
    under title I of the Native American Housing Assistance and Self-
    Determination Act of 1996 (NAHASDA) (25 U.S.C. 4111 et seq.),
    $700,000,000, to remain available until expended: Provided, That,
    notwithstanding the Native American Housing Assistance and Self-
    Determination Act of 1996, to determine the amount of the allocation
    under title I of such Act for each Indian tribe, the Secretary shall
    apply the formula under section 302 of such Act with the need component
    based on single-race Census data and with the need component based on
    multi-race Census data, and the amount of the allocation for each Indian
    tribe shall be the greater of the two resulting allocation
    amounts: <<NOTE: Contracts.>> Provided further, That of the amounts made
    available under this heading, $3,500,000

    [[Page 123 STAT. 3082]]

    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.

    [[Page 123 STAT. 3083]]

                       Community Planning and Development

                   housing opportunities for persons with aids

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

                           community development fund

        For assistance to units of State and local government, and to other
    entities, for economic and community development activities, and for
    other purposes, $4,450,000,000, to remain available until September 30,
    2012, unless otherwise specified: Provided, That of the total amount
    provided, $3,990,068,480 is for carrying out the community development
    block grant program under title I of the Housing and Community
    Development Act of 1974, as amended (the ``Act'' herein) (42 U.S.C. 5301
    et seq.): Provided further, That unless explicitly provided for under
    this heading (except for planning grants provided in the second
    paragraph and amounts made available under the third paragraph), not to
    exceed 20 percent of any grant made with funds appropriated under this
    heading shall be expended for planning and management development and
    administration: Provided further, That $65,000,000 shall be for grants
    to Indian tribes notwithstanding section 106(a)(1) of such Act, of
    which, notwithstanding any other provision of law (including section 204
    of this Act), up to $3,960,000 may be used for emergencies that
    constitute imminent threats to health and safety.
        Of the amount made available under this heading, $172,843,570 shall
    be available for grants for the Economic Development Initiative (EDI) to
    finance a variety of targeted economic investments in accordance with
    the terms and conditions specified in the explanatory statement
    accompanying this Act: Provided, That none of the funds provided under
    this paragraph may be used for program operations: Provided further,
    That, for fiscal years 2008, 2009 and 2010, no unobligated funds for EDI
    grants may be used for any purpose except acquisition, planning, design,
    purchase of equipment, revitalization, redevelopment or construction.
        Of the amount made available under this heading, $22,087,950 shall
    be available for neighborhood initiatives that are utilized to improve
    the conditions of distressed and blighted areas and neighborhoods, to
    stimulate investment, economic diversification, and community
    revitalization in areas with population outmigration or a stagnating or
    declining economic base, or to determine whether housing benefits can be
    integrated more effectively with welfare reform initiatives: Provided,
    That amounts made available under this paragraph shall be provided in
    accordance with the terms and conditions specified in the explanatory
    statement accompanying this Act.
        The referenced explanatory statement under this heading in title II
    of division K of Public Law 110-161 is deemed to be amended

    [[Page 123 STAT. 3084]]

    by striking ``Old Town Boys and Girls Club, Albuquerque, NM, for
    renovation of the existing Old Town Boys and Girls Club accompanied by
    construction of new areas for the Club'' and inserting ``Old Town Boys
    and Girls Club, Albuquerque, NM, for renovation of the Heights Boys and
    Girls Club''.
        The referenced statement of the managers under this heading
    ``Community Planning and Development'' in title II of division K of
    Public Law 110-161 is deemed to be amended by striking ``Custer County,
    ID for acquisition of an unused middle school building'' and inserting
    ``Custer County, ID, to construct a community center''.
        The referenced explanatory statement under this heading in division
    I of Public Law 111-8 is deemed to be amended with respect to ``Hawaii
    County Office of Housing and Community Development, HI'' by striking
    ``Senior Housing Renovation Project'' and inserting ``Transitional
    Housing Project''.
        The referenced statement of the managers under this heading
    ``Community Planning and Development'' in title II of division I of
    Public Law 111-8 is deemed to be amended by striking ``Custer County,
    ID, to purchase a middle school building'' and inserting ``Custer
    County, ID, to construct a community center''.
        The referenced explanatory statement under the heading ``Community
    Development Fund'' in title II of division K of Public Law 110-161 is
    deemed to be amended with respect to ``Emergency Housing Consortium in
    San Jose, CA'' by striking ``for construction of the Sobrato
    Transitional Center, a residential facility for homeless individuals and
    families'' and inserting ``for improvements to homeless services and
    prevention facilities''.
        Of the amounts made available under this heading, $150,000,000 shall
    be made available for a Sustainable Communities Initiative to improve
    regional planning efforts that integrate housing and transportation
    decisions, and increase the capacity to improve land use and
    zoning: <<NOTE: Grants.>> 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: <<NOTE: Grants.>> 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: <<NOTE: Plans.>> 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: <<NOTE: Consultation.>>  Provided further,
    That the Secretary will consult with the Secretary of Transportation in
    evaluating grant proposals: Provided further, That up to $10,000,000
    shall be for a joint Department of Housing and Urban Development and
    Department of Transportation research effort that shall include a
    rigorous evaluation of the Regional Integrated Planning Grants and
    Community Challenge Planning Grants programs: <<NOTE: Grants. Native
    Americans.>>  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

    [[Page 123 STAT. 3085]]

    development agencies, local rural nonprofits and community development
    corporations to address the problems of concentrated rural housing
    distress and community poverty: <<NOTE: Native Americans.>> Provided
    further, That of the funding made available under the previous proviso,
    at least $5,000,000 shall be made available to promote economic
    development and entrepreneurship for federally recognized Indian Tribes,
    through activities including the capitalization of revolving loan
    programs and business planning and development, funding is also made
    available for technical assistance to increase capacity through training
    and outreach activities: <<NOTE: Grants.>>  Provided further, That of
    the amounts made available under this heading, $25,000,000 is for grants
    pursuant to section 107 of the Housing and Community Development Act of
    1974 (42 U.S.C. 5307).

              community development loan guarantees program account

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

                            brownfields redevelopment

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

                      home investment partnerships program

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

            self-help and assisted homeownership opportunity program

        For the Self-Help and Assisted Homeownership Opportunity Program, as
    authorized under section 11 of the Housing Opportunity Program Extension
    Act of 1996, as amended, $82,000,000, to remain available until
    September 30, 2012: Provided, That of the total amount provided under
    this heading, $27,000,000 shall be made available to the Self-Help and
    Assisted Homeownership Opportunity

    [[Page 123 STAT. 3086]]

    Program as authorized under section 11 of the Housing Opportunity
    Program Extension Act of 1996, as amended: Provided further, That
    $50,000,000 shall be made available for the second, third and fourth
    capacity building activities authorized under section 4(a) of the HUD
    Demonstration Act of 1993 (42 U.S.C. 9816 note), of which not less than
    $5,000,000 may be made available for rural capacity building activities:
    Provided further, That $5,000,000 shall be made available for capacity
    building activities as authorized in sections 6301 through 6305 of
    Public Law 110-246.

                           homeless assistance grants

                          (including transfer of funds)

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

    [[Page 123 STAT. 3087]]

    from the Shelter Plus Care Renewal account and transferred to this
    account shall be available, if recaptured, for Shelter Plus Care
    renewals in fiscal year 2010.

                                Housing Programs

                         project-based rental assistance

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

    [[Page 123 STAT. 3088]]

                             housing for the elderly

        For capital advances, including amendments to capital advance
    contracts, for housing for the elderly, as authorized by section 202 of
    the Housing Act of 1959, as amended, and for project rental assistance
    for the elderly under section 202(c)(2) of such Act, including
    amendments to contracts for such assistance and renewal of expiring
    contracts for such assistance for up to a 1-year term, and for
    supportive services associated with the housing, $825,000,000, to remain
    available until September 30, 2013, of which up to $582,000,000 shall be
    for capital advance and project-based rental assistance
    awards: <<NOTE: Contracts. Time period.>> Provided, That amounts for
    project rental assistance contracts are to remain available for the
    liquidation of valid obligations for 10 years following the date of such
    obligation:  Provided further, That of the amount provided under this
    heading, up to $90,000,000 shall be for service coordinators and the
    continuation of existing congregate service grants for residents of
    assisted housing projects, and of which up to $40,000,000 shall be for
    grants under section 202b of the Housing Act of 1959 (12 U.S.C. 1701q-2)
    for conversion of eligible projects under such section to assisted
    living or related use and for substantial and emergency capital repairs
    as determined by the Secretary: Provided further, That of the amount
    made available under this heading, $20,000,000 shall be available to the
    Secretary of Housing and Urban Development only for making competitive
    grants to private nonprofit organizations and consumer cooperatives for
    covering costs of architectural and engineering work, site control, and
    other planning relating to the development of supportive housing for the
    elderly that is eligible for assistance under section 202 of the Housing
    Act of 1959 (12 U.S.C. 1701q): Provided further, That amounts under this
    heading shall be available for Real Estate Assessment Center inspections
    and inspection-related activities associated with section 202 capital
    advance projects: <<NOTE: Waiver authority.>> Provided further, That the
    Secretary may waive the provisions of section 202 governing the terms
    and conditions of project rental assistance, except that the initial
    contract term for such assistance shall not exceed 5 years in duration.

                      housing for persons with disabilities

        For capital advance contracts, including amendments to capital
    advance contracts, for supportive housing for persons with disabilities,
    as authorized by section 811 of the Cranston-Gonzalez National
    Affordable Housing Act (42 U.S.C. 8013), for project rental assistance
    for supportive housing for persons with disabilities under section
    811(d)(2) of such Act, including amendments to contracts for such
    assistance and renewal of expiring contracts for such assistance for up
    to a 1-year term, and for supportive services associated with the
    housing for persons with disabilities as authorized by section 811(b)(1)
    of such Act, and for tenant-based rental assistance contracts entered
    into pursuant to section 811 of such Act, $300,000,000, of which up to
    $186,000,000 shall be for capital advances and project-based rental
    assistance contracts, to remain available until September 30,
    2013: <<NOTE: Contracts. Time period.>> 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

    [[Page 123 STAT. 3089]]

    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: <<NOTE: Waiver authority. Time period.>> 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, <<NOTE: Inspections.>> That amounts made available under this
    heading shall be available for Real Estate Assessment Center inspections
    and inspection-related activities associated with section 811 Capital
    Advance Projects.

                          Housing Counseling Assistance

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

                             energy innovation fund

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

                         other assisted housing programs

                            rental housing assistance

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

    [[Page 123 STAT. 3090]]

                                 rent supplement

                                  (rescission)

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

                 payment to manufactured housing fees trust fund

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

                         Federal Housing Administration

                    mutual mortgage insurance program account

                          (including transfer of funds)

        During fiscal year 2010, commitments to guarantee single family
    loans insured under the Mutual Mortgage Insurance Fund shall not exceed
    a loan principal of $400,000,000,000: Provided, That for new loans
    guaranteed pursuant to section 255 of the National Housing Act (12
    U.S.C. 1715z-20), the Secretary shall adjust the factors used to
    calculate the principal limit (as such term is defined in HUD Handbook
    4235.1) that were assumed in the President's Budget Request for 2010 for
    such loans, as necessary to ensure that the program operates at a net
    zero subsidy rate: Provided further, That during fiscal year 2010,
    obligations

    [[Page 123 STAT. 3091]]

    to make direct loans to carry out the purposes of section 204(g) of the
    National Housing Act, as amended, shall not exceed $50,000,000: Provided
    further, That the foregoing amount shall be for loans to nonprofit and
    governmental entities in connection with sales of single family real
    properties owned by the Secretary and formerly insured under the Mutual
    Mortgage Insurance Fund. For administrative contract expenses of the
    Federal Housing Administration, $188,900,000, of which up to $70,794,000
    may be transferred to the Working Capital Fund, and of which up to
    $7,500,000 shall be for education and outreach of FHA single family loan
    products: Provided further, That to the extent guaranteed loan
    commitments exceed $200,000,000,000 on or before April 1, 2010, an
    additional $1,400 for administrative contract expenses shall be
    available for each $1,000,000 in additional guaranteed loan commitments
    (including a pro rata amount for any amount below $1,000,000), but in no
    case shall funds made available by this proviso exceed $30,000,000.

                    general and special risk program account

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

                    Government National Mortgage Association

     guarantees of mortgage-backed securities loan guarantee program account

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

                         Policy Development and Research

                             research and technology

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

    [[Page 123 STAT. 3092]]

                       Fair Housing and Equal Opportunity

                             fair housing activities

        For contracts, grants, and other assistance, not otherwise provided
    for, as authorized by title VIII of the Civil Rights Act of 1968, as
    amended by the Fair Housing Amendments Act of 1988, and section 561 of
    the Housing and Community Development Act of 1987, as amended,
    $72,000,000, to remain available until September 30, 2011, of which
    $42,500,000 shall be to carry out activities pursuant to such section
    561: Provided, That notwithstanding 31 U.S.C. 3302, the Secretary may
    assess and collect fees to cover the costs of the Fair Housing Training
    Academy, and may use such funds to provide such
    training: <<NOTE: Lobbying.>> 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: <<NOTE: Waiver authority. Determination.>>
    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: <<NOTE: Plans. Strategy. Notice.>> 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

    [[Page 123 STAT. 3093]]

    further, That amounts made available under this heading in this or prior
    appropriations Acts, and that still remain available, may be used for
    any purpose under this heading notwithstanding the purpose for which
    such amounts were appropriated if a program competition is
    undersubscribed and there are other program competitions under this
    heading that are oversubscribed.

                          Management and Administration

                              working capital fund

                          (including transfer of funds)

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

                           office of inspector general

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

                            transformation initiative

                          (including transfer of funds)

        For necessary expenses for combating mortgage fraud, $20,000,000, to
    remain available until expended.
        In addition, of the amounts made available in this Act under each of
    the following headings under this title, the Secretary may transfer to,
    and merge with, this account up to 1 percent from each such account, and
    such transferred amounts shall be available until September 30, 2012,
    for (1) research, evaluation, and program metrics; (2) program
    demonstrations; (3) technical assistance and capacity building; and (4)
    information technology: ``Public Housing Capital Fund'',
    ``Revitalization of Severely Distressed Public Housing'', ``Brownfields
    Redevelopment'', ``Section 108 Loan Guarantees'', ``Energy Innovation
    Fund'', ``Housing Opportunities for Persons With AIDS'', ``Community
    Development Fund'', ``HOME Investment Partnerships Program'', ``Self-
    Help and Assisted Homeownership Opportunity Program'', ``Housing for the
    Elderly'', ``Housing for Persons With Disabilities'', ``Housing
    Counseling Assistance'',

    [[Page 123 STAT. 3094]]

    ``Payment to Manufactured Housing Fees Trust Fund'', ``Mutual Mortgage
    Insurance Program Account'', ``General and Special Risk Program
    Account'', ``Research and Technology'', ``Lead Hazard Reduction'',
    ``Rental Housing Assistance'', and ``Fair Housing Activities'':
    Provided, That of the amounts made available under this paragraph, not
    less than $80,000,000 and not more than $180,000,000 shall be available
    for information technology modernization, including development and
    deployment of a Next Generation of Voucher Management System and
    development and deployment of modernized Federal Housing Administration
    systems: <<NOTE: Expenditure plan.>>  Provided further, That not more
    than 25 percent of the funds made available for information technology
    modernization may be obligated until the Secretary submits to the
    Committees on Appropriations a plan for expenditure that (1) identifies
    for each modernization project (a) the functional and performance
    capabilities to be delivered and the mission benefits to be realized,
    (b) the estimated lifecycle cost, and (c) key milestones to be met; (2)
    demonstrates that each modernization project is (a) compliant with the
    department's enterprise architecture, (b) being managed in accordance
    with applicable lifecycle management policies and guidance, (c) subject
    to the department's capital planning and investment control
    requirements, and (d) supported by an adequately staffed project office;
    and (3) has been reviewed by the Government Accountability Office:
    Provided further, That of the amounts made available under this
    paragraph, not less than $45,000,000 shall be available for technical
    assistance and capacity building: Provided further, That technical
    assistance activities shall include, technical assistance for HUD
    programs, including HOME, Community Development Block Grant, homeless
    programs, HOPWA, HOPE VI, Public Housing, the Housing Choice Voucher
    Program, Fair Housing Initiative Program, Housing Counseling, Healthy
    Homes, Sustainable Communities, Energy Innovation Fund and other
    technical assistance as determined by the
    Secretary: <<NOTE: Assessment. Native Americans.>>  Provided further,
    That of the amounts made available for research, evaluation and program
    metrics and program demonstrations, the Secretary shall include an
    assessment of the housing needs of Native Americans, including
    sustainable building practices: <<NOTE: Evaluation.>>  Provided further,
    That of the amounts made available for research, evaluation and program
    metrics and program demonstrations, the Secretary shall include an
    evaluation of the Moving-to-Work demonstration
    program: <<NOTE: Allocation plan.>>  Provided further, That the
    Secretary shall submit a plan to the House and Senate Committees on
    Appropriations for approval detailing how the funding provided under
    this heading will be allocated to each of the four categories identified
    under this heading and for what projects or activities funding will be
    used: Provided further, That following the initial approval of this
    plan, the Secretary may amend the plan with the approval of the House
    and Senate Committees on Appropriations.

         General Provisions--Department of Housing and Urban Development

        Sec. 201.  Fifty percent of the amounts of budget authority, or in
    lieu thereof 50 percent of the cash amounts associated with such budget
    authority, that are recaptured from projects described in section
    1012(a) of the Stewart B. McKinney Homeless Assistance Amendments Act of
    1988 (42 U.S.C. 1437 note) shall be rescission

    [[Page 123 STAT. 3095]]

    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) <<NOTE: Grants. AIDS.>> 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) <<NOTE: New Jersey.>> 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

    [[Page 123 STAT. 3096]]

    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) <<NOTE: Time period.>> 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.  <<NOTE: Deadlines. Reports. Budget.>> The Secretary of
    Housing and Urban Development shall provide quarterly reports to the
    House and Senate Committees

    [[Page 123 STAT. 3097]]

    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. <<NOTE: AIDS. New Jersey.>> (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) <<NOTE: North Carolina.>> 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.  <<NOTE: Budget request.>> 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.  <<NOTE: State listing.>> A public housing agency or such
    other entity that administers Federal housing assistance for the Housing
    Authority of the county of Los Angeles, California, the States of
    Alaska, Iowa, and Mississippi shall not be required to include a
    resident of public housing or a recipient of assistance provided under
    section 8 of the United States Housing Act of 1937 on the board of
    directors

    [[Page 123 STAT. 3098]]

    or a similar governing board of such agency or entity as required under
    section (2)(b) of such Act. <<NOTE: Establishment.>> 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. <<NOTE: Transfer authority.>> (a) Notwithstanding any
    other provision of law, subject to the conditions listed in subsection
    (b), for fiscal years 2010 and 2011, the Secretary of Housing and Urban
    Development may authorize the transfer of some or all project-based
    assistance, debt and statutorily required low-income and very low-income
    use restrictions, associated with one or more multifamily housing
    project to another multifamily housing project or projects.

        (b) The transfer authorized in subsection (a) is subject to the
    following conditions:
                (1) The number of low-income and very low-income units and
            the net dollar amount of Federal assistance provided by the
            transferring project shall remain the same in the receiving
            project or projects.
                (2) The transferring project shall, as determined by the
            Secretary, be either physically obsolete or economically non-
            viable.
                (3) <<NOTE: Standards.>> The receiving project or projects
            shall meet or exceed applicable physical standards established
            by the Secretary.
                (4) <<NOTE: Notification. Consultation. Certification.>> 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) <<NOTE: Determination.>> 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) <<NOTE: Records. Contracts.>> 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

    [[Page 123 STAT. 3099]]

            be reduced as a result of a transfer completed under this
            section.
                (10) <<NOTE: Determination.>> The Secretary determines that
            Federal liability with regard to this project will not be
            increased.

        (c) <<NOTE: Definitions.>> 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.  <<NOTE: Native Alaskans.>> 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.

    [[Page 123 STAT. 3100]]

        Sec. 214.  <<NOTE: Audits.>> 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. <<NOTE: Determination. Contracts.>> 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

    [[Page 123 STAT. 3101]]

    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.  <<NOTE: Michigan. Contracts. Determination.>> During
    fiscal year 2010, in the provision of rental assistance under section
    8(o) of the United States Housing Act of 1937 (42 U.S.C. 1437f(o)) in
    connection with a program to demonstrate the economy and effectiveness
    of providing such assistance for use in assisted living facilities that
    is carried out in the counties of the State of Michigan notwithstanding
    paragraphs (3) and (18)(B)(iii) of such section 8(o), a family residing
    in an assisted living facility in any such county, on behalf of which a
    public housing agency provides assistance pursuant to section 8(o)(18)
    of such Act, may be required, at the time the family initially receives
    such assistance, to pay rent in an amount exceeding 40 percent of the
    monthly adjusted income of the family by such a percentage or amount as
    the Secretary of Housing and Urban Development determines to be
    appropriate.

        Sec. 219.  <<NOTE: Reports. Deadlines. Contracts.>> The Secretary of
    Housing and Urban Development shall report quarterly to the House of
    Representatives and Senate Committees on Appropriations on HUD's use of
    all sole source contracts, including terms of the contracts, cost, and a
    substantive rationale for using a sole source contract.

        Sec. 220.  Notwithstanding any other provision of law, the recipient
    of a grant under section 202b of the Housing Act of 1959 (12 U.S.C.
    1701q) after December 26, 2000, in accordance with the unnumbered
    paragraph at the end of section 202(b) of such Act, may, at its option,
    establish a single-asset nonprofit entity to own the project and may
    lend the grant funds to such entity, which may be a private nonprofit
    organization described in section 831 of the American Homeownership and
    Economic Opportunity Act of 2000.
        Sec. 221. (a) The amounts provided under the subheading ``Program
    Account'' under the heading ``Community Development Loan Guarantees''
    may be used to guarantee, or make commitments to guarantee, notes, or
    other obligations issued by any State on behalf of non-entitlement
    communities in the State in accordance with the requirements of section
    108 of the Housing and Community Development Act of 1974: Provided,
    That, any State receiving such a guarantee or commitment shall
    distribute all funds subject to such guarantee to the units of general
    local government in non-entitlement areas that received the commitment.
        (b) <<NOTE: Deadline. Regulations.>> Not later than 60 days after
    the date of enactment of this Act, the Secretary of Housing and Urban
    Development shall promulgate regulations governing the administration of
    the funds described under subsection (a).

        Sec. 222.  Section 24 of the United States Housing Act of 1937 (42
    U.S.C. 1437v) is amended--
                (1) in subsection (m)(1), by striking ``fiscal year'' and
            all that follows through the period at the end and inserting
            ``fiscal year 2010.''; and
                (2) in subsection (o), by striking ``September'' and all
            that follows through the period at the end and inserting
            ``September 30, 2010.''.

    [[Page 123 STAT. 3102]]

        Sec. 223.  <<NOTE: Exemption.>> Public housing agencies that own and
    operate 400 or fewer public housing units may elect to be exempt from
    any asset management requirement imposed by the Secretary of Housing and
    Urban Development in connection with the operating fund rule: Provided,
    That an agency seeking a discontinuance of a reduction of subsidy under
    the operating fund formula shall not be exempt from asset management
    requirements.

        Sec. 224.  <<NOTE: 42 USC 1437g note.>> With respect to the use of
    amounts provided in this Act and in future Acts for the operation,
    capital improvement and management of public housing as authorized by
    sections 9(d) and 9(e) of the United States Housing Act of 1937 (42
    U.S.C. 1437g(d) and (e)), the Secretary shall not impose any requirement
    or guideline relating to asset management that restricts or limits in
    any way the use of capital funds for central office costs pursuant to
    section 9(g)(1) or 9(g)(2) of the United States Housing Act of 1937 (42
    U.S.C. 1437g(g)(1), (2)): Provided, That a public housing agency may not
    use capital funds authorized under section 9(d) for activities that are
    eligible under section 9(e) for assistance with amounts from the
    operating fund in excess of the amounts permitted under section 9(g)(1)
    or 9(g)(2).

        Sec. 225.  <<NOTE: Allotment holder. Determination.>> 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. <<NOTE: Deadline. Designation.>> 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.  <<NOTE: Reports. Deadlines.>> The Secretary of Housing
    and Urban Development shall report quarterly to the House of
    Representatives and Senate Committees on Appropriations on the status of
    all section 8 project-based housing, including the number of all
    project-based units by region as well as an analysis of all federally
    subsidized housing being refinanced under the Mark-to-Market program.
    The Secretary shall in the report identify all existing units maintained
    by region as section 8 project-based units and all project-based units
    that have opted out of section 8 or have otherwise been eliminated as
    section 8 project-based units. The Secretary shall identify in detail
    and by project all the efforts made by the Department to preserve all
    section 8 project-based housing units and all the reasons for any units
    which opted out or otherwise were lost as section 8 project-based units.
    Such analysis shall include a review of the impact of the loss of any
    subsidized units in that housing marketplace, such as the impact of cost
    and the loss of available subsidized, low-income housing in areas with
    scarce housing resources for low-income families.

        Sec. 227.  Payment of attorney fees in program-related litigation
    must be paid from individual program office personnel benefits and
    compensation funding. The annual budget submission for program office
    personnel benefit and compensation funding must include program-related
    litigation costs for attorney fees as a separate line item request.

    [[Page 123 STAT. 3103]]

        Sec. 228.  <<NOTE: Notification. Federal Register, publication. 42
    USC 3545a.>> 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. <<NOTE: Web posting.>> Notwithstanding any other
    provision of law, for Fiscal Year 2010 and subsequent fiscal years, the
    Secretary may make the NOFA available only on the Internet at the
    appropriate government website or websites or through other electronic
    media, as determined by the Secretary.

        Sec. 229. (a) Approval of Prepayment of Debt.--Upon request of the
    project sponsor of a project assisted with a loan under section 202 of
    the Housing Act of 1959 (as in effect before the enactment of the
    Cranston-Gonzalez National Affordable Housing Act), for which the
    Secretary's consent to prepayment is required, the Secretary shall
    approve the prepayment of any indebtedness to the Secretary relating to
    any remaining principal and interest under the loan as part of a
    prepayment plan under which--
                (1) the project sponsor agrees to operate the project until
            the maturity date of the original loan under terms at least as
            advantageous to existing and future tenants as the terms
            required by the original loan agreement or any project-based
            rental assistance payments contract under section 8 of the
            United States Housing Act of 1937 (or any other project-based
            rental housing assistance programs of the Department of Housing
            and Urban Development, including the rent supplement program
            under section 101 of the Housing and Urban Development Act of
            1965 (12 U.S.C. 1701s)) or any successor project-based rental
            assistance program, except as provided by subsection (a)(2)(B);
            and
                (2) the prepayment may involve refinancing of the loan if
            such refinancing results--
                        (A) in a lower interest rate on the principal of the
                    loan for the project and in reductions in debt service
                    related to such loan; or
                        (B) in the case of a project that is assisted with a
                    loan under such section 202 carrying an interest rate of
                    6 percent or lower, a transaction under which--
                              (i) the project owner shall address the
                          physical needs of the project;
                              (ii) <<NOTE: Cost estimate.>> 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

    [[Page 123 STAT. 3104]]

                                        (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) <<NOTE: Contracts. Time period.>> there
                          shall be a use agreement of 20 years from the date
                          of the maturity date of the original 202 loan for
                          all units, including units to be occupied by
                          tenants assisted under section 8(t) of the United
                          States Housing Act of 1937 (42 U.S.C. 1437f(t)).

        Sec. 230.  <<NOTE: Homeless.>> 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

    [[Page 123 STAT. 3105]]

    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: <<NOTE: Applicability.>> Provided
    further, That, this section shall apply to properties in fiscal years
    2009 and 2010 made available as surplus Federal property for use to
    assist the homeless.

        Sec. 231.  <<NOTE: Transfer authority. Submission.>> The Secretary
    of the Department of Housing and Urban Development is authorized to
    transfer up to 5 percent of funds appropriated for any account under
    this title under the heading ``Personnel Compensation and Benefits'' to
    any other account under this title under the heading ``Personnel
    Compensation and Benefits'' only after such transfer has been submitted
    to, and received prior written approval by, the House and Senate
    Committees on Appropriations: Provided, That, no appropriation for any
    such account shall be increased or decreased by more than 10 percent by
    all such transfers.

        Sec. 232.  <<NOTE: Requirements.>> The Secretary of Housing and
    Urban Development may increase, pursuant to this section, the number of
    Moving-to-Work agencies authorized under section 204, title II, of the
    Departments of Veterans Affairs and Housing and Urban Development and
    Independent Agencies Appropriations Act, 1996 (Public Law 104-134; 110
    Stat. 1321) by adding to the program three Public Housing Agencies that
    meet the following requirements: is a High Performing Agency under the
    Public Housing Assessment System (PHAS). No PHA shall be granted this
    designation through this section that administers in excess of 5,000
    aggregate housing vouchers and public housing units. No PHA granted this
    designation through this section shall receive more funding under
    sections 8 or 9 of the United States Housing Act of 1937 than they
    otherwise would have received absent this
    designation. <<NOTE: Reports.>> In addition to other reporting
    requirements, all Moving-to-Work agencies shall report financial data to
    the Department of Housing and Urban Development as specified by the
    Secretary, so that the effect of Moving-to-Work policy changes can be
    measured.

        Sec. 233.  Notwithstanding any other provision of law, in
    determining the market value of any multifamily real property or
    multifamily loan for any noncompetitive sale to a State or local
    government, the Secretary shall in fiscal year 2010 consider, but not be
    limited to, industry standard appraisal practices, including the cost of
    repairs needed to bring the property into such condition as to satisfy
    minimum State and local code standards and the cost of maintaining the
    affordability restrictions imposed by the Secretary on the multifamily
    real property or multifamily loan.
        Sec. 234.  The Disaster Housing Assistance Programs, administered by
    the Department of Housing and Urban Development, shall be considered a
    ``program of the Department of Housing and Urban Development'' under
    section 904 of the McKinney Act for the purpose of income verifications
    and matching.
        Sec. 235. (a) In General.-- <<NOTE: Reports. Web posting.>> The
    Secretary of Housing and Urban Development shall prepare a report, and
    post such report on the public website of the Department of Housing and
    Urban Development (in this section referred to as the ``Department''),
    regarding the number of homes owned by the Department and the budget
    impact of acquiring, maintaining, and selling such homes.

    [[Page 123 STAT. 3106]]

        (b) Content.--The report required by this section shall include--
                (1) the number of residential homes that the Department
            owned during the years 2004 through 2009;
                (2) an itemized breakdown of the total annual financial
            impact, including losses and gains from selling homes and
            maintenance and acquisition of homes, of home ownership by the
            Department since 2004;
                (3) a detailed explanation of the reasons for the ownership
            by the Department of the homes;
                (4) a list of the 10 urban areas in which the Department
            owns the most homes and the rate of homelessness in each of
            those areas; and
                (5) a list of the 10 States in which the Department owns the
            most homes and the rate of homelessness in each of those States.

        Sec. 236.  The matter under the heading ``Community Development
    Fund'', under the heading ``Community Planning and Development'', under
    the heading ``Department of Housing and Urban Development'' in chapter
    10 of title I of division B of the Consolidated Security, Disaster
    Assistance, and Continuing Appropriations Act, 2009 (Public Law 110-329;
    122 Stat. 3601) is amended by striking ``: Provided further, That none
    of the funds provided under this heading may be used by a State or
    locality as a matching requirement, share, or contribution for any other
    Federal program''.
        This title may be cited as the ``Department of Housing and Urban
    Development Appropriations Act, 2010''.

                                    TITLE III

                                RELATED AGENCIES

                                  Access Board

                              Salaries and Expenses

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

                           Federal Maritime Commission

                              salaries and expenses

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

    [[Page 123 STAT. 3107]]

                     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: <<NOTE: Budget requests.>> Provided further, That concurrent
    with the President's budget request for fiscal year 2011, the Inspector
    General shall submit to the House and Senate Committees on
    Appropriations a budget request for fiscal year 2011 in similar format
    and substance to those submitted by executive agencies of the Federal
    Government.

                      National Transportation Safety Board

                              salaries and expenses

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

                      Neighborhood Reinvestment Corporation

              payment to the neighborhood reinvestment corporation

        For payment to the Neighborhood Reinvestment Corporation for use in
    neighborhood reinvestment activities, as authorized by

    [[Page 123 STAT. 3108]]

    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: <<NOTE: 42 USC 8104.>> Provided, That section 605(a) of
    the Neighborhood Reinvestment Corporation Act (42 U.S.C. 8104) is
    amended by adding at the end of the first sentence, prior to the period,
    ``, except that the board-appointed officers may be paid salary at a
    rate not to exceed level II of the Executive Schedule'': Provided
    further, That in addition, $35,000,000 shall be made available until
    expended for capital grants to rehabilitate or finance the
    rehabilitation of affordable housing units, including necessary
    administrative expenses: <<NOTE: Foreclosures.>> 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) <<NOTE: Grants. Waiver authority.>> 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. <<NOTE: Requirements.>>  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

    [[Page 123 STAT. 3109]]

            advice of all likely restructuring and refinancing strategies or
            the approval of a work-out strategy by all interested parties.
                (4) <<NOTE: Certification.>> NRC may provide up to 15
            percent of the total funds under this paragraph to its own
            charter members with expertise in foreclosure prevention
            counseling, subject to a certification by the NRC that the
            procedures for selection do not consist of any procedures or
            activities that could be construed as an unacceptable conflict
            of interest or have the appearance of impropriety.
                (5) HUD-approved counseling entities and State Housing
            Finance Agencies receiving funds under this paragraph shall have
            demonstrated experience in successfully working with financial
            institutions as well as borrowers facing default, delinquency
            and foreclosure as well as documented counseling capacity,
            outreach capacity, past successful performance and positive
            outcomes with documented counseling plans (including post
            mortgage foreclosure mitigation counseling), loan workout
            agreements and loan modification agreements. NRC may use other
            criteria to demonstrate capacity in underserved areas.
                (6) Of the total amount made available under this paragraph,
            up to $3,000,000 may be made available to build the mortgage
            foreclosure and default mitigation counseling capacity of
            counseling intermediaries through NRC training courses with HUD-
            approved counseling intermediaries and their partners, except
            that private financial institutions that participate in NRC
            training shall pay market rates for such training.
                (7) Of the total amount made available under this paragraph,
            up to 4 percent may be used for associated administrative
            expenses for the NRC to carry out activities provided under this
            section.
                (8) Mortgage foreclosure mitigation assistance grants may
            include a budget for outreach and advertising, and training, as
            determined by the NRC.
                (9) <<NOTE: Reports. Deadline.>> The NRC shall continue to
            report bi-annually to the House and Senate Committees on
            Appropriations as well as the Senate Banking Committee and House
            Financial Services Committee on its efforts to mitigate mortgage
            default.

                United States Interagency Council on Homelessness

                               operating expenses

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

                                    TITLE IV

                          GENERAL PROVISIONS--THIS ACT

        Sec. 401.  Such sums as may be necessary for fiscal year 2010 pay
    raises for programs funded in this Act shall be absorbed within the
    levels appropriated in this Act or previous appropriations Acts.

    [[Page 123 STAT. 3110]]

        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.  <<NOTE: Contracts.>> 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: <<NOTE: Deadline. Reports.>> 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, <<NOTE: Fines.>>  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

    [[Page 123 STAT. 3111]]

    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, <<NOTE: Expenditure request.>>  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.  <<NOTE: Reports. Deadline.>>  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.  <<NOTE: Eminent domain.>> 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.  <<NOTE: Employment. Deadline. Time
    period. Certification.>>  No part of any appropriation contained in this
    Act shall be available to pay the salary for any person filling a
    position,

    [[Page 123 STAT. 3112]]

    other than a temporary position, formerly held by an employee who has
    left to enter the Armed Forces of the United States and has
    satisfactorily completed his period of active military or naval service,
    and has within 90 days after his release from such service or from
    hospitalization continuing after discharge for a period of not more than
    1 year, made application for restoration to his former position and has
    been certified by the Office of Personnel Management as still qualified
    to perform the duties of his former position and has not been restored
    thereto.

        Sec. 412.  No funds appropriated pursuant to this Act may be
    expended in contravention of sections 2 through 4 of the Act of March 3,
    1933 (41 U.S.C. 10a-10c, popularly known as the ``Buy American Act'').
        Sec. 413.  No funds appropriated or otherwise made available under
    this Act shall be made available to any person or entity that has been
    found to violate the Buy American Act (41 U.S.C. 10a-10c).
        Sec. 414.  None of the funds made available in this Act may be used
    for first-class airline accommodations in contravention of sections 301-
    10.122 and 301-10.123 of title 41, Code of Federal Regulations.
        Sec. 415.  <<NOTE: Light bulbs.>> None of the funds made available
    in this Act may be used to purchase a light bulb for an office building
    unless the light bulb has, to the extent practicable, an Energy Star or
    Federal Energy Management Program designation.

        Sec. 416. <<NOTE: Web posting.>> (a) Any agency receiving funds made
    available in this Act, shall, subject to subsections (b) and (c), post
    on the public website of that agency any report required to be submitted
    by the Congress in this or any other Act, upon the determination by the
    head of the agency that it shall serve the national interest.

        (b) Subsection (a) shall not apply to a report if--
                (1) the public posting of the report compromises national
            security; or
                (2) the report contains proprietary information.

        (c) <<NOTE: Time period.>> The head of the agency posting such
    report shall do so only after such report has been made available to the
    requesting Committee or Committees of Congress for no less than 45 days.

        Sec. 417.  None of the funds made available in this Act may be used
    to establish, issue, implement, administer, or enforce any prohibition
    or restriction on the establishment or effectiveness of any occupancy
    preference for veterans in supportive housing for the elderly that: (1)
    is provided assistance by the Department of Housing and Urban
    Development; and (2)(A) is or would be located on property of the
    Department of Veterans Affairs; or (B) is subject to an enhanced use
    lease with the Department of Veterans Affairs.
        Sec. 418.  <<NOTE: ACORN.>> None of the funds made available under
    this Act or any prior Act may be provided to the Association of
    Community Organizations for Reform Now (ACORN), or any of its
    affiliates, subsidiaries, or allied organizations.

        Sec. 419.  <<NOTE: Earmarks.>> Specific projects contained in the
    report of the Committee on Appropriations of the House of
    Representatives accompanying this Act (H. Rept. 111-218) that are
    considered congressional earmarks for purposes of clause 9 of rule XXI
    of the Rules of the House of Representatives, when intended to be
    awarded to a for-profit entity, shall be awarded under a full and open
    competition.

    [[Page 123 STAT. 3113]]

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

      DIVISION B <<NOTE: Commerce, Justice, Science, and Related Agencies
     Appropriations Act, 2010.>> --COMMERCE, JUSTICE, SCIENCE, AND RELATED
    AGENCIES APPROPRIATIONS ACT, 2010

    TITLE I <<NOTE: Department of Commerce Appropriations Act, 2010.>>

                             DEPARTMENT OF COMMERCE

                       International Trade Administration

                          operations and administration

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

    [[Page 123 STAT. 3114]]

    of members to distribute monies collected from antidumping and
    countervailing duties: Provided further, That negotiations shall be
    conducted within the World Trade Organization consistent with the
    negotiating objectives contained in the Trade Act of 2002, Public Law
    107-210: Provided further, That within the amounts appropriated,
    $5,215,000 shall be used for the projects, and in the amounts, specified
    in the explanatory statement accompanying this Act.

                         Bureau of Industry and Security

                          operations and administration

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

                       Economic Development Administration

                    economic development assistance programs

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

                              salaries and expenses

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

    [[Page 123 STAT. 3115]]

                      Minority Business Development Agency

                          minority business development

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

                        Economic and Statistical Analysis

                              salaries and expenses

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

                              Bureau of the Census

                              salaries and expenses

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

                         periodic censuses and programs

        For necessary expenses to collect and publish statistics for
    periodic censuses and programs provided for by law, $7,065,707,000, of
    which $100,000,000 shall be derived from available unobligated balances
    previously appropriated under this heading, to remain available until
    September 30, 2011: <<NOTE: Race identification. 13 USC 5
    note.>> Provided, That none of the funds provided in this or any other
    Act for any fiscal year may be used for the collection of census data on
    race identification that does not include ``some other race'' as a
    category: Provided further, That from amounts provided herein, funds may
    be used for additional promotion, outreach, and marketing activities.

           National Telecommunications and Information Administration

                              salaries and expenses

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

    [[Page 123 STAT. 3116]]

    of NTIA, in furtherance of its assigned functions under this paragraph,
    and such funds received from other Government agencies shall remain
    available until expended.

         public telecommunications facilities, planning and construction

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

                    United States Patent and Trademark Office

                              salaries and expenses

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

    [[Page 123 STAT. 3117]]

    a cooperative or joint agreement or agreements with a non-profit
    organization or organizations, successfully audited within the previous
    year, and with previous experience in such programs, to conduct policy
    studies, including studies relating to activities of United Nations
    Specialized agencies and other international organizations, as well as
    conferences and other development programs, in support of fair
    international protection of intellectual property rights.

                 National Institute of Standards and Technology

                 scientific and technical research and services

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

                         industrial technology services

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

                       construction of research facilities

        For construction of new research facilities, including architectural
    and engineering design, and for renovation and maintenance of existing
    facilities, not otherwise provided for the National Institute of
    Standards and Technology, as authorized by 15 U.S.C. 278c-278e,
    $147,000,000, to remain available until expended, of which $20,000,000
    is for a competitive construction grant program for research science
    buildings: Provided, That within the amounts appropriated, $47,000,000
    shall be used for the projects, and in the amounts, specified in the
    explanatory statement accompanying this Act: <<NOTE: Budget estimate. 15
    USC 1513b note.>> Provided further, That the Secretary of Commerce shall
    include in the budget justification materials that the Secretary submits
    to Congress in support of the Department of Commerce budget (as
    submitted with the budget of the President under section 1105(a) of
    title 31, United States Code) an estimate for each National Institute of
    Standards and Technology construction project having a total multi-year
    program cost of more than $5,000,000 and simultaneously the budget
    justification materials shall include an estimate of the budgetary
    requirements for each such project for each of the five subsequent
    fiscal years.

    [[Page 123 STAT. 3118]]

                 National Oceanic and Atmospheric Administration

                      operations, research, and facilities

                         (including transfers of funds)

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

        In addition, for necessary retired pay expenses under the Retired
    Serviceman's Family Protection and Survivor Benefits Plan, and for
    payments for the medical care of retired personnel and their dependents
    under the Dependents Medical Care Act (10 U.S.C. 55), such sums as may
    be necessary.

                    procurement, acquisition and construction

        For procurement, acquisition and construction of capital assets,
    including alteration and modification costs, of the National Oceanic and
    Atmospheric Administration, $1,358,353,000, to remain available until
    September 30, 2012, except funds provided for construction of facilities
    which shall remain available until expended: Provided, That of the
    $1,360,353,000 provided for in direct obligations

    [[Page 123 STAT. 3119]]

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

                         pacific coastal salmon recovery

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

                          coastal zone management fund

                          (including transfer of funds)

        Of amounts collected pursuant to section 308 of the Coastal Zone
    Management Act of 1972 (16 U.S.C. 1456a), not to exceed

    [[Page 123 STAT. 3120]]

    $3,000,000 shall be transferred to the ``Operations, Research, and
    Facilities'' account to offset the costs of implementing such Act.

                        fisheries finance program account

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

                             Departmental Management

                              salaries and expenses

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

             herbert c. hoover building renovation and modernization

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

                           office of inspector general

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

                   General Provisions--Department of Commerce

        Sec. 101.  During the current fiscal year, applicable appropriations
    and funds made available to the Department of Commerce by this Act shall
    be available for the activities specified in the Act of October 26, 1949
    (15 U.S.C. 1514), to the extent and in the manner prescribed by the Act,
    and, notwithstanding 31 U.S.C. 3324, may be used for advanced payments
    not otherwise authorized only upon the certification of officials
    designated by the Secretary of Commerce that such payments are in the
    public interest.
        Sec. 102.  During the current fiscal year, appropriations made
    available to the Department of Commerce by this Act for salaries

    [[Page 123 STAT. 3121]]

    and expenses shall be available for hire of passenger motor vehicles as
    authorized by 31 U.S.C. 1343 and 1344; services as authorized by 5
    U.S.C. 3109; and uniforms or allowances therefor, as authorized by law
    (5 U.S.C. 5901-5902).
        Sec. 103.  Not to exceed 5 percent of any appropriation made
    available for the current fiscal year for the Department of Commerce in
    this Act may be transferred between such appropriations, but no such
    appropriation shall be increased by more than 10 percent by any such
    transfers: Provided, That any transfer pursuant to this section shall be
    treated as a reprogramming of funds under section 505 of this Act and
    shall not be available for obligation or expenditure except in
    compliance with the procedures set forth in that section: Provided
    further, <<NOTE: Notification. Deadline.>>  That the Secretary of
    Commerce shall notify the Committees on Appropriations at least 15 days
    in advance of the acquisition or disposal of any capital asset
    (including land, structures, and equipment) not specifically provided
    for in this Act or any other law appropriating funds for the Department
    of Commerce: Provided further, That for the National Oceanic and
    Atmospheric Administration this section shall provide for transfers
    among appropriations made only to the National Oceanic and Atmospheric
    Administration and such appropriations may not be transferred and
    reprogrammed to other Department of Commerce bureaus and appropriation
    accounts.

        Sec. 104.  Any costs incurred by a department or agency funded under
    this title resulting from personnel actions taken in response to funding
    reductions included in this title or from actions taken for the care and
    protection of loan collateral or grant property shall be absorbed within
    the total budgetary resources available to such department or agency:
    Provided, That the authority to transfer funds between appropriations
    accounts as may be necessary to carry out this section is provided in
    addition to authorities included elsewhere in this Act: Provided
    further, That use of funds to carry out this section shall be treated as
    a reprogramming of funds under section 505 of this Act and shall not be
    available for obligation or expenditure except in compliance with the
    procedures set forth in that section.
        Sec. <<NOTE: Incorporation by reference. 33 USC 878a note.>>  105.
    The requirements set forth by section 112 of division B of Public Law
    110-161 are hereby adopted by reference.

        Sec. 106.  Notwithstanding any other law, the Secretary may furnish
    services (including but not limited to utilities, telecommunications,
    and security services) necessary to support the operation, maintenance,
    and improvement of space that persons, firms or organizations are
    authorized pursuant to the Public Buildings Cooperative Use Act of 1976
    or other authority to use or occupy in the Herbert C. Hoover Building,
    Washington, DC, or other buildings, the maintenance, operation, and
    protection of which has been delegated to the Secretary from the
    Administrator of General Services pursuant to the Federal Property and
    Administrative Services Act of 1949, as amended, on a reimbursable or
    non-reimbursable basis. Amounts received as reimbursement for services
    provided under this section or the authority under which the use or
    occupancy of the space is authorized, up to $200,000, shall be credited
    to the appropriation or fund which initially bears the costs of such
    services.
        Sec. 107.  <<NOTE: President.>>  With the consent of the President,
    the Secretary of Commerce shall represent the United States Government
    in negotiating and monitoring international agreements regarding

    [[Page 123 STAT. 3122]]

    fisheries, marine mammals, or sea turtles: Provided, That the Secretary
    of Commerce shall be responsible for the development and
    interdepartmental coordination of the policies of the United States with
    respect to the international negotiations and agreements referred to in
    this section.

        Sec. 108.  Section 101(k) of the Emergency Steel Loan Guarantee Act
    of 1999 (15 U.S.C. 1841 note) is amended by striking ``2009'' and
    inserting ``2011''.
        Sec. 109.  Nothing in this title shall be construed to prevent a
    grant recipient from deterring child pornography, copyright
    infringement, or any other unlawful activity over its networks.
        Sec. 110.  The Administration of the National Oceanic and
    Atmospheric Administration is authorized to use, with their consent,
    with reimbursement and subject to the limits of available
    appropriations, the land, services, equipment, personnel, and facilities
    of any department, agency or instrumentality of the United States, or of
    any State, local government, Indian tribal government, Territory or
    possession, or of any political subdivision thereof, or of any foreign
    government or international organization for purposes related to
    carrying out the responsibilities of any statute administered by the
    National Oceanic and Atmospheric Administration.
         This title may be cited as the ``Department of Commerce
    Appropriations Act, 2010''.

    TITLE II <<NOTE: Department of Justice Appropriations Act, 2010.>>

                              DEPARTMENT OF JUSTICE

                             General Administration

                              salaries and expenses

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

                        national drug intelligence center

        For necessary expenses of the National Drug Intelligence Center,
    $44,023,000, of which $2,000,000 shall be for reimbursement of Air Force
    personnel for the National Drug Intelligence Center to support the
    Department of Defense's counter-drug intelligence responsibilities:
    Provided, That the National Drug Intelligence Center shall maintain the
    personnel and technical resources to provide timely support to law
    enforcement authorities and the intelligence community by conducting
    document and computer

    [[Page 123 STAT. 3123]]

    exploitation of materials collected in Federal, State, and local law
    enforcement activity associated with counter-drug, counterterrorism, and
    national security investigations and operations.

                     justice information sharing technology

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

                tactical law enforcement wireless communications

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

                        administrative review and appeals

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

                                detention trustee

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

                           office of inspector general

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

                         United States Parole Commission

                              salaries and expenses

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

                                Legal Activities

                 salaries and expenses, general legal activities

        For expenses necessary for the legal activities of the Department of
    Justice, not otherwise provided for, including not to exceed

    [[Page 123 STAT. 3124]]

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

                    salaries and expenses, antitrust division

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

                 salaries and expenses, united states attorneys

        For necessary expenses of the Offices of the United States
    Attorneys, including inter-governmental and cooperative agreements,
    $1,934,003,000: Provided, That of the total amount appropriated, not to
    exceed $8,000 shall be available for official reception and
    representation expenses: Provided further, That not to exceed
    $25,000,000 shall remain available until expended: Provided further,
    That of the amount provided under this heading, not less than

    [[Page 123 STAT. 3125]]

    $36,980,000 shall be used for salaries and expenses for assistant U.S.
    Attorneys to carry out section 704 of the Adam Walsh Child Protection
    and Safety Act of 2006 (Public Law 109-248) concerning the prosecution
    of offenses relating to the sexual exploitation of children: Provided
    further, That of the amount provided under this heading, $6,000,000 is
    for salaries and expenses for new assistant U.S. Attorneys to carry out
    additional prosecutions of serious crimes in Indian Country.

                        united states trustee system fund

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

           salaries and expenses, foreign claims settlement commission

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

                         fees and expenses of witnesses

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

               salaries and expenses, community relations service

        For necessary expenses of the Community Relations Service,
    $11,479,000: Provided, That notwithstanding section 205 of this Act,
    upon a determination by the Attorney General that emergent circumstances
    require additional funding for conflict resolution and violence
    prevention activities of the Community Relations Service, the Attorney
    General may transfer such amounts to the Community Relations Service,
    from available appropriations for the current fiscal year for the
    Department of Justice, as may be necessary

    [[Page 123 STAT. 3126]]

    to respond to such circumstances: Provided further, That any transfer
    pursuant to the preceding proviso shall be treated as a reprogramming
    under section 505 of this Act and shall not be available for obligation
    or expenditure except in compliance with the procedures set forth in
    that section.

                             assets forfeiture fund

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

                         United States Marshals Service

                              salaries and expenses

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

                                  construction

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

                           National Security Division

                              salaries and expenses

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

                           Interagency Law Enforcement

                     interagency crime and drug enforcement

        For necessary expenses for the identification, investigation, and
    prosecution of individuals associated with the most significant drug
    trafficking and affiliated money laundering organizations not otherwise
    provided for, to include inter-governmental agreements with

    [[Page 123 STAT. 3127]]

    State and local law enforcement agencies engaged in the investigation
    and prosecution of individuals involved in organized crime drug
    trafficking, $528,569,000, of which $50,000,000 shall remain available
    until expended: Provided, That any amounts obligated from appropriations
    under this heading may be used under authorities available to the
    organizations reimbursed from this appropriation.

                         Federal Bureau of Investigation

                              salaries and expenses

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

                                  construction

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

                         Drug Enforcement Administration

                              salaries and expenses

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

    [[Page 123 STAT. 3128]]

               Bureau of Alcohol, Tobacco, Firearms and Explosives

                              salaries and expenses

        For necessary expenses of the Bureau of Alcohol, Tobacco, Firearms
    and Explosives, not to exceed $40,000 for official reception and
    representation expenses; for training of State and local law enforcement
    agencies with or without reimbursement, including training in connection
    with the training and acquisition of canines for explosives and fire
    accelerants detection; and for provision of laboratory assistance to
    State and local law enforcement agencies, with or without reimbursement,
    $1,114,772,000, of which not to exceed $1,000,000 shall be available for
    the payment of attorneys' fees as provided by section 924(d)(2) of title
    18, United States Code; and of which not to exceed $10,000,000 shall
    remain available until expended: Provided, That no funds appropriated
    herein shall be available for salaries or administrative expenses in
    connection with consolidating or centralizing, within the Department of
    Justice, the records, or any portion thereof, of acquisition and
    disposition of firearms maintained by Federal firearms licensees:
    Provided further, That no funds appropriated herein shall be used to pay
    administrative expenses or the compensation of any officer or employee
    of the United States to implement an amendment or amendments to 27 CFR
    478.118 or to change the definition of ``Curios or relics'' in 27 CFR
    478.11 or remove any item from ATF Publication 5300.11 as it existed on
    January 1, 1994: Provided further, That none of the funds appropriated
    herein shall be available to investigate or act upon applications for
    relief from Federal firearms disabilities under 18 U.S.C. 925(c):
    Provided further, That such funds shall be available to investigate and
    act upon applications filed by corporations for relief from Federal
    firearms disabilities under section 925(c) of title 18, United States
    Code: Provided further, That no funds made available by this or any
    other Act may be used to transfer the functions, missions, or activities
    of the Bureau of Alcohol, Tobacco, Firearms and Explosives to other
    agencies or Departments in fiscal year 2010: <<NOTE: Effective
    date. Firearms data. 18 USC 923 note.>> Provided further, That,
    beginning in fiscal year 2010 and thereafter, no funds appropriated
    under this or any other Act may be used to disclose part or all of the
    contents of the Firearms Trace System database maintained by the
    National Trace Center of the Bureau of Alcohol, Tobacco, Firearms and
    Explosives or any information required to be kept by licensees pursuant
    to section 923(g) of title 18, United States Code, or required to be
    reported pursuant to paragraphs (3) and (7) of such section 923(g),
    except to: (1) a Federal, State, local, or tribal law enforcement
    agency, or a Federal, State, or local prosecutor; or (2) a foreign law
    enforcement agency solely in connection with or for use in a criminal
    investigation or prosecution; or (3) a Federal agency for a national
    security or intelligence purpose; unless such disclosure of such data to
    any of the entities described in (1), (2) or (3) of this proviso would
    compromise the identity of any undercover law enforcement officer or
    confidential informant, or interfere with any case under investigation;
    and no person or entity described in (1), (2) or (3) shall knowingly and
    publicly disclose such data; and all such data shall be immune from
    legal process, shall not be subject to subpoena or other discovery,
    shall be inadmissible in evidence, and shall not be used, relied on, or
    disclosed in any manner, nor shall testimony or other

    [[Page 123 STAT. 3129]]

    evidence be permitted based on the data, in a civil action in any State
    (including the District of Columbia) or Federal court or in an
    administrative proceeding other than a proceeding commenced by the
    Bureau of Alcohol, Tobacco, Firearms and Explosives to enforce the
    provisions of chapter 44 of such title, or a review of such an action or
    proceeding; except that this proviso shall not be construed to prevent:
    (A) the disclosure of statistical information concerning total
    production, importation, and exportation by each licensed importer (as
    defined in section 921(a)(9) of such title) and licensed manufacturer
    (as defined in section 921(a)(10) of such title); (B) the sharing or
    exchange of such information among and between Federal, State, local, or
    foreign law enforcement agencies, Federal, State, or local prosecutors,
    and Federal national security, intelligence, or counterterrorism
    officials; or (C) the publication of annual statistical reports on
    products regulated by the Bureau of Alcohol, Tobacco, Firearms and
    Explosives, including total production, importation, and exportation by
    each licensed importer (as so defined) and licensed manufacturer (as so
    defined), or statistical aggregate data regarding firearms traffickers
    and trafficking channels, or firearms misuse, felons, and trafficking
    investigations: Provided further, That no funds made available by this
    or any other Act shall be expended to promulgate or implement any rule
    requiring a physical inventory of any business licensed under section
    923 of title 18, United States Code: Provided further, That no funds
    under this Act may be used to electronically retrieve information
    gathered pursuant to 18 U.S.C. 923(g)(4) by name or any personal
    identification code: Provided further, That no funds authorized or made
    available under this or any other Act may be used to deny any
    application for a license under section 923 of title 18, United States
    Code, or renewal of such a license due to a lack of business activity,
    provided that the applicant is otherwise eligible to receive such a
    license, and is eligible to report business income or to claim an income
    tax deduction for business expenses under the Internal Revenue Code of
    1986.

                                  construction

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

                              Federal Prison System

                              salaries and expenses

        For necessary expenses of the Federal Prison System for the
    administration, operation, and maintenance of Federal penal and
    correctional institutions, including purchase (not to exceed 831, of
    which 743 are for replacement only) and hire of law enforcement and
    passenger motor vehicles, and for the provision of technical assistance
    and advice on corrections related issues to foreign governments,
    $6,086,231,000: <<NOTE: 42 USC 250a.>> Provided, That the Attorney
    General may transfer to the Health Resources and Services Administration
    such amounts as may be necessary for direct expenditures by that
    Administration for medical relief for inmates of Federal penal and
    correctional institutions: Provided further, That the Director of the

    [[Page 123 STAT. 3130]]

    Federal Prison System, where necessary, may enter into contracts with a
    fiscal agent or fiscal intermediary claims processor to determine the
    amounts payable to persons who, on behalf of the Federal Prison System,
    furnish health services to individuals committed to the custody of the
    Federal Prison System: Provided further, That not to exceed $6,000 shall
    be available for official reception and representation expenses:
    Provided further, That not to exceed $50,000,000 shall remain available
    for necessary operations until September 30, 2011: Provided further,
    That, of the amounts provided for contract confinement, not to exceed
    $20,000,000 shall remain available until expended to make payments in
    advance for grants, contracts and reimbursable agreements, and other
    expenses authorized by section 501(c) of the Refugee Education
    Assistance Act of 1980 (8 U.S.C. 1522 note), for the care and security
    in the United States of Cuban and Haitian entrants: Provided further,
    That the Director of the Federal Prison System may accept donated
    property and services relating to the operation of the prison card
    program from a not-for-profit entity which has operated such program in
    the past notwithstanding the fact that such not-for-profit entity
    furnishes services under contracts to the Federal Prison System relating
    to the operation of pre-release services, halfway houses, or other
    custodial facilities.

                            buildings and facilities

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

                     federal prison industries, incorporated

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

       limitation on administrative expenses, federal prison industries,
                                  incorporated

        Not to exceed $2,700,000 of the funds of the Federal Prison
    Industries, Incorporated shall be available for its administrative
    expenses, and for services as authorized by section 3109 of title 5,
    United States Code, to be computed on an accrual basis to

    [[Page 123 STAT. 3131]]

    be determined in accordance with the corporation's current prescribed
    accounting system, and such amounts shall be exclusive of depreciation,
    payment of claims, and expenditures which such accounting system
    requires to be capitalized or charged to cost of commodities acquired or
    produced, including selling and shipping expenses, and expenses in
    connection with acquisition, construction, operation, maintenance,
    improvement, protection, or disposition of facilities and other property
    belonging to the corporation or in which it has an interest.

                   State and Local Law Enforcement Activities

                        Office on Violence Against Women

           violence against women prevention and prosecution programs

                          (including transfer of funds)

        For grants, contracts, cooperative agreements, and other assistance
    for the prevention and prosecution of violence against women, as
    authorized by the Omnibus Crime Control and Safe Streets Act of 1968 (42
    U.S.C. 3711 et seq.) (``the 1968 Act''); the Violent Crime Control and
    Law Enforcement Act of 1994 (Public Law 103-322) (``the 1994 Act''); the
    Victims of Child Abuse Act of 1990 (Public Law 101-647) (``the 1990
    Act''); the Prosecutorial Remedies and Other Tools to end the
    Exploitation of Children Today Act of 2003 (Public Law 108-21); the
    Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5601
    et seq.) (``the 1974 Act''); the Victims of Trafficking and Violence
    Protection Act of 2000 (Public Law 106-386) (``the 2000 Act''); and the
    Violence Against Women and Department of Justice Reauthorization Act of
    2005 (Public Law 109-162) (``the 2005 Act''); and for related victims
    services, $418,500,000, to remain available until expended: Provided,
    That except as otherwise provided by law, not to exceed 3 percent of
    funds made available under this heading may be used for expenses related
    to evaluation, training, and technical assistance: Provided further,
    That of the amount provided (which shall be by transfer for programs
    administered by the Office of Justice Programs)--
                (1) $210,000,000 for grants to combat violence against
            women, as authorized by part T of the 1968 Act, of which--
                        (A) $18,000,000 shall be for transitional housing
                    assistance grants for victims of domestic violence,
                    stalking or sexual assault as authorized by section
                    40299 of the 1994 Act; and
                        (B) $3,000,000 shall be for the National Institute
                    of Justice for research and evaluation of violence
                    against women and related issues addressed by grant
                    programs of the Office on Violence Against Women;
                (2) $60,000,000 for grants to encourage arrest policies as
            authorized by part U of the 1968 Act;
                (3) $15,000,000 for sexual assault victims assistance, as
            authorized by section 41601 of the 1994 Act;
                (4) $41,000,000 for rural domestic violence and child abuse
            enforcement assistance grants, as authorized by section 40295 of
            the 1994 Act;

    [[Page 123 STAT. 3132]]

                (5) $9,500,000 for grants to reduce violent crimes against
            women on campus, as authorized by section 304 of the 2005 Act;
                (6) $41,000,000 for legal assistance for victims, as
            authorized by section 1201 of the 2000 Act;
                (7) $4,250,000 for enhanced training and services to end
            violence against and abuse of women in later life, as authorized
            by section 40802 of the 1994 Act;
                (8) $14,000,000 for the safe havens for children program, as
            authorized by section 1301 of the 2000 Act;
                (9) $6,750,000 for education and training to end violence
            against and abuse of women with disabilities, as authorized by
            section 1402 of the 2000 Act;
                (10) $3,000,000 for an engaging men and youth in prevention
            program, as authorized by section 41305 of the 1994 Act;
                (11) $1,000,000 for tracking of violence against Indian
            women, as authorized by section 905 of the 2005 Act and
            consistent with title I of the Adam Walsh Child Protection and
            Safety Act of 2006;
                (12) $3,500,000 for services to advocate and respond to
            youth, as authorized by section 41201 of the 1994 Act;
                (13) $3,000,000 for grants to assist children and youth
            exposed to violence, as authorized by section 41303 of the 1994
            Act;
                (14) $3,000,000 for the court training and improvements
            program, as authorized by section 41002 of the 1994 Act;
                (15) $1,000,000 for the National Resource Center on
            Workplace Responses to assist victims of domestic violence, as
            authorized by section 41501 of the 1994 Act; and
                (16) $2,500,000 for the Supporting Teens through Education
            and Protection program, as authorized by section 41204 of the
            1994 Act.

                           Office of Justice Programs

                               justice assistance

        For grants, contracts, cooperative agreements, and other assistance
    authorized by title I of the Omnibus Crime Control and Safe Streets Act
    of 1968 ``the 1968 Act''; the Juvenile Justice and Delinquency
    Prevention Act of 1974 ``the 1974 Act''; the Missing Children's
    Assistance Act (42 U.S.C. 5771 et seq.); the Prosecutorial Remedies and
    Other Tools to end the Exploitation of Children Today Act of 2003
    (Public Law 108-21); the Justice for All Act of 2004 (Public Law 108-
    405); the Violence Against Women and Department of Justice
    Reauthorization Act of 2005 (Public Law 109-162); the Victims of Child
    Abuse Act of 1990 (Public Law 101-647); the Second Chance Act of 2007
    (Public Law 110-199); the Victims of Crime Act of 1984 (Public Law 98-
    473); the Adam Walsh Child Protection and Safety Act of 2006 (Public Law
    109-248); the PROTECT Our Children Act of 2008 (Public Law 110-401);
    subtitle D of title II of the Homeland Security Act of 2002 (Public Law
    107-296), which may include research and development; and other programs
    (including the Statewide Automated Victim Notification Program);
    $235,000,000, to remain available until expended, of which--

    [[Page 123 STAT. 3133]]

                (1) $60,000,000 is for criminal justice statistics programs,
            and other activities, as authorized by part C of title I of the
            1968 Act, of which $41,000,000 is for the National Crime
            Victimization Survey;
                (2) $48,000,000 is for research, development, and evaluation
            programs, and other activities as authorized by part B of title
            I of the 1968 Act;
                (3) $12,000,000 is for the Statewide Victim Notification
            System of the Bureau of Justice Assistance;
                (4) $45,000,000 is for the Regional Information Sharing
            System, as authorized by part M of title I of the 1968 Act; and
                (5) $70,000,000 is for missing and exploited children
            programs, including as authorized by sections 404(b) and 405(a)
            of the 1974 Act.

                   state and local law enforcement assistance

        For grants, contracts, cooperative agreements, and other assistance
    authorized by the Violent Crime Control and Law Enforcement Act of 1994
    (Public Law 103-322) (``the 1994 Act''); the Omnibus Crime Control and
    Safe Streets Act of 1968 (``the 1968 Act''); the Justice for All Act of
    2004 (Public Law 108-405); the Victims of Child Abuse Act of 1990
    (Public Law 101-647) (``the 1990 Act''); the Trafficking Victims
    Protection Reauthorization Act of 2005 (Public Law 109-164); the
    Violence Against Women and Department of Justice Reauthorization Act of
    2005 (Public Law 109-162); the Adam Walsh Child Protection and Safety
    Act of 2006 (Public Law 109-248); and the Victims of Trafficking and
    Violence Protection Act of 2000 (Public Law 106-386); the Second Chance
    Act of 2007 (Public Law 110-199); the Prioritizing Resources and
    Organization for Intellectual Property Act of 2008 (Public Law 110-403);
    and other programs; $1,534,768,000, to remain available until expended
    as follows--
                (1) $519,000,000 for the Edward Byrne Memorial Justice
            Assistance Grant program as authorized by subpart 1 of part E of
            title I of the 1968 Act, (except that section 1001(c), and the
            special rules for Puerto Rico under section 505(g), of the 1968
            Act, as amended, shall not apply for purposes of this Act), of
            which $5,000,000 is for use by the National Institute of Justice
            in assisting units of local government to identify, select,
            develop, modernize, and purchase new technologies for use by law
            enforcement, and $3,000,000 is for a program to improve State
            and local law enforcement intelligence capabilities including
            antiterrorism training and training to ensure that
            constitutional rights, civil liberties, civil rights, and
            privacy interests are protected throughout the intelligence
            process;
                (2) $330,000,000 for the State Criminal Alien Assistance
            Program, as authorized by section 241(i)(5) of the Immigration
            and Nationality Act (8 U.S.C. 1231(i)(5));
                (3) $31,000,000 for the Southwest Border Prosecutor
            Initiative to reimburse State, county, parish, tribal, or
            municipal governments for costs associated with the prosecution
            of criminal cases declined by local offices of the United States
            Attorneys;
                (4) $185,268,000 for discretionary grants to improve the
            functioning of the criminal justice system, to prevent or combat

    [[Page 123 STAT. 3134]]

            juvenile delinquency, and to assist victims of crime (other than
            compensation), which shall be used for the projects, and in the
            amounts, specified in the explanatory statement accompanying
            this Act;
                (5) $40,000,000 for competitive grants to improve the
            functioning of the criminal justice system, to prevent or combat
            juvenile delinquency, and to assist victims of crime (other than
            compensation);
                (6) $2,000,000 for the purposes described in the Missing
            Alzheimer's Disease Patient Alert Program (section 240001 of the
            1994 Act);
                (7) $12,500,000 for victim services programs for victims of
            trafficking, as authorized by section 107(b)(2) of Public Law
            106-386 and for programs authorized under Public Law 109-164;
                (8) $45,000,000 for Drug Courts, as authorized by section
            1001(25)(A) of title I of the 1968 Act;
                (9) $7,000,000 for a program to monitor prescription drugs
            and scheduled listed chemical products;
                (10) $15,000,000 for prison rape prevention and prosecution
            and other programs, as authorized by the Prison Rape Elimination
            Act of 2003 (Public Law 108-79);
                (11) $30,000,000 for grants for Residential Substance Abuse
            Treatment for State Prisoners, as authorized by part S of title
            I of the 1968 Act;
                (12) $5,500,000 for the Capital Litigation Improvement Grant
            Program, as authorized by section 426 of Public Law 108-405, and
            for grants for wrongful conviction review;
                (13) $12,000,000 for mental health courts and adult and
            juvenile collaboration program grants, as authorized by parts V
            and HH of title I of the 1968 Act, and the Mentally Ill Offender
            Treatment and Crime Reduction Reauthorization and Improvement
            Act of 2008 (Public Law 110-416);
                (14) $50,000,000 for assistance to Indian tribes, of which--
                        (A) $10,000,000 shall be available for grants under
                    section 20109 of subtitle A of title II of the 1994 Act;
                        (B) $25,000,000 shall be available for the Tribal
                    Courts Initiative;
                        (C) $12,000,000 shall be available for tribal
                    alcohol and substance abuse reduction assistance grants;
                    and
                        (D) $3,000,000 shall be available for training and
                    technical assistance and civil and criminal legal
                    assistance as authorized by title I of Public Law 106-
                    559;
                (15) $20,000,000 for economic, high technology and Internet
            crime prevention grants, including as authorized by section 401
            of Public Law 110-403;
                (16) $15,000,000 for the court-appointed special advocate
            program, as authorized by section 217 of the 1990 Act;
                (17) $2,500,000 for child abuse training programs for
            judicial personnel and practitioners, as authorized by section
            222 of the 1990 Act;
                (18) $3,000,000 for grants to improve the stalking and
            domestic violence database, as authorized by section 40602 of
            the 1994 Act;
                (19) $1,000,000 for analysis and research on violence
            against Indian women, including as authorized by section 904 of
            the 2005 Act;

    [[Page 123 STAT. 3135]]

                (20) $3,500,000 for training programs as authorized by
            section 40152 of the 1994 Act, and for related local
            demonstration projects;
                (21) $1,000,000 for grants for televised testimony, as
            authorized by part N of title I of the 1968 Act;
                (22) $15,000,000 for programs to reduce gun crime and gang
            violence;
                (23) $20,000,000 for grants to assist State and tribal
            governments as authorized by the NICS Improvements Amendments
            Act of 2007 (Public Law 110-180);
                (24) $11,500,000 for the National Criminal History
            Improvement program for grants to upgrade criminal records;
                (25) $100,000,000 for offender reentry programs, as
            authorized by the Second Chance Act of 2007 (Public Law 110-
            199), of which $37,000,000 is for grants for adult and juvenile
            offender State and local reentry demonstration projects,
            $15,000,000 is for grants for mentoring and transitional
            services, $10,000,000 is for reentry courts, $7,500,000 is for
            family-based substance abuse treatment, $2,500,000 is for
            evaluation and improvement of education at prisons, jails, and
            juvenile facilities, $5,000,000 is for technology careers
            training demonstration grants, $13,000,000 is for offender
            reentry substance abuse and criminal justice collaboration, and
            $10,000,000 is for prisoner reentry research;
                (26) $10,000,000 for activities related to comprehensive
            criminal justice reform and recidivism reduction efforts by
            States;
                (27) $10,000,000 for implementation of a student loan
            repayment assistance program pursuant to section 952 of Public
            Law 110-315;
                (28) $3,000,000 for the Northern Border Prosecutor
            Initiative to reimburse State, county, parish, tribal, or
            municipal governments for the costs associated with the
            prosecution of criminal cases declined by local offices of the
            United States Attorneys; and
                (29) $35,000,000 for Paul Coverdell Forensic Science
            Improvement Grants under part BB of title I of the 1968 Act:

    Provided,  That if a unit of local government uses any of the funds made
    available under this heading to increase the number of law enforcement
    officers, the unit of local government will achieve a net gain in the
    number of law enforcement officers who perform non-administrative public
    sector safety service.

                           weed and seed program fund

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

                            juvenile justice programs

        For grants, contracts, cooperative agreements, and other assistance
    authorized by the Juvenile Justice and Delinquency Prevention Act of
    1974 (``the 1974 Act''), the Omnibus Crime Control and Safe Streets Act
    of 1968 (``the 1968 Act''), the Violence Against Women and Department of
    Justice Reauthorization Act of 2005

    [[Page 123 STAT. 3136]]

    (Public Law 109-162), the Missing Children's Assistance Act (42 U.S.C.
    5771 et seq.); the Prosecutorial Remedies and Other Tools to end the
    Exploitation of Children Today Act of 2003 (Public Law 108-21); the
    Victims of Child Abuse Act of 1990 (Public Law 101-647); the Adam Walsh
    Child Protection and Safety Act of 2006 (Public Law 109-248); the
    PROTECT Our Children Act of 2008 (Public Law 110-401), and other
    juvenile justice programs, $423,595,000, to remain available until
    expended as follows--
                (1) $75,000,000 for programs authorized by section 221 of
            the 1974 Act, and for training and technical assistance to
            assist small, non-profit organizations with the Federal grants
            process;
                (2) $91,095,000 for grants and projects, as authorized by
            sections 261 and 262 of the 1974 Act, which shall be used for
            the projects, and in the amounts, specified in the explanatory
            statement accompanying this Act;
                (3) $100,000,000 for youth mentoring grants;
                (4) $65,000,000 for delinquency prevention, as authorized by
            section 505 of the 1974 Act, of which, pursuant to sections 261
            and 262 thereof--
                        (A) $25,000,000 shall be for the Tribal Youth
                    Program;
                        (B) $10,000,000 shall be for a gang education
                    initiative; and
                        (C) $25,000,000 shall be for grants of $360,000 to
                    each State and $4,840,000 shall be available for
                    discretionary grants, for programs and activities to
                    enforce State laws prohibiting the sale of alcoholic
                    beverages to minors or the purchase or consumption of
                    alcoholic beverages by minors, for prevention and
                    reduction of consumption of alcoholic beverages by
                    minors, and for technical assistance and training;
                (5) $22,500,000 for programs authorized by the Victims of
            Child Abuse Act of 1990;
                (6) $55,000,000 for the Juvenile Accountability Block Grants
            program as authorized by part R of title I of the 1968 Act and
            Guam shall be considered a State;
                (7) $10,000,000 for community-based violence prevention
            initiatives; and
                (8) $5,000,000 for the Safe Start Program, as authorized by
            the 1974 Act:

    Provided, That not more than 10 percent of each amount may be used for
    research, evaluation, and statistics activities designed to benefit the
    programs or activities authorized: Provided further, That not more than
    2 percent of each amount may be used for training and technical
    assistance: Provided further, That the previous two provisos shall not
    apply to grants and projects authorized by sections 261 and 262 of the
    1974 Act.

                         public safety officer benefits

        For payments and expenses authorized under section 1001(a)(4) of
    title I of the Omnibus Crime Control and Safe Streets Act of 1968, such
    sums as are necessary (including amounts for administrative costs, which
    amounts shall be paid to the ``Salaries and Expenses'' account), to
    remain available until expended; and $9,100,000 for payments authorized
    by section 1201(b) of such Act and for educational assistance authorized
    by section 1218 of such

    [[Page 123 STAT. 3137]]

    Act, to remain available until expended: Provided, That notwithstanding
    section 205 of this Act, upon a determination by the Attorney General
    that emergent circumstances require additional funding for such
    disability and education payments, the Attorney General may transfer
    such amounts to ``Public Safety Officer Benefits'' from available
    appropriations for the current fiscal year for the Department of Justice
    as may be necessary to respond to such circumstances: Provided further,
    That any transfer pursuant to the previous proviso shall be treated as a
    reprogramming under section 505 of this Act and shall not be available
    for obligation or expenditure except in compliance with the procedures
    set forth in that section.

                      Community Oriented Policing Services

                         (including transfers of funds)

        For activities authorized by the Violent Crime Control and Law
    Enforcement Act of 1994 (Public Law 103-322); the Omnibus Crime Control
    and Safe Streets Act of 1968 (``the 1968 Act''); the Violence Against
    Women and Department of Justice Reauthorization Act of 2005 (Public Law
    109-162); subtitle D of title II of the Homeland Security Act of 2002
    (Public Law 107-296), which may include research and development; and
    the USA PATRIOT Improvement and Reauthorization Act of 2005 (Public Law
    109-177); the NICS Improvement Amendments Act of 2007 (Public Law 110-
    180); the Adam Walsh Child Protection and Safety Act of 2006 (Public Law
    109-248) (the ``Adam Walsh Act''); and the Justice for All Act of 2004
    (Public Law 108-405), $791,608,000, to remain available until expended:
    Provided, That any balances made available through prior year
    deobligations shall only be available in accordance with section 505 of
    this Act. Of the amount provided (which shall be by transfer, for
    programs administered by the Office of Justice Programs)--
                (1) $30,000,000 for the matching grant program for law
            enforcement armor vests, as authorized by section 2501 of title
            I of the 1968 Act: Provided, That $1,500,000 is for related
            research, testing, and evaluation programs;
                (2) $40,385,000 for grants to entities described in section
            1701 of title I of the 1968 Act, to address public safety and
            methamphetamine manufacturing, sale, and use in hot spots as
            authorized by section 754 of Public Law 109-177, and for other
            anti-methamphetamine-related activities: Provided, That within
            the amounts appropriated $25,385,000 shall be used for the
            projects, and in the amounts, specified in the explanatory
            statement accompanying this Act: Provided further, That within
            the amounts appropriated $10,000,000 shall be transferred to the
            Drug Enforcement Administration upon enactment of this Act:
            Provided further, That within the amounts appropriated
            $5,000,000 is for anti-methamphetamine-related activities in
            Indian Country;
                (3) $170,223,000 for a law enforcement technologies and
            interoperable communications program, and related law
            enforcement and public safety equipment: Provided, That within
            the amounts appropriated, $168,723,000 shall be used for the
            projects, and in the amounts, specified in the explanatory
            statement accompanying this Act: Provided further, That

    [[Page 123 STAT. 3138]]

            of the amounts provided under this heading $1,500,000 is
            transferred directly to the National Institute of Standards and
            Technology's Office of Law Enforcement Standards from the
            Community Oriented Policing Services Office for research,
            testing, and evaluation programs;
                (4) $161,000,000 for DNA related and forensic programs and
            activities, of which--
                        (A) $151,000,000 is for a DNA analysis and capacity
                    enhancement program and for other local, State, and
                    Federal forensic activities including the purposes of
                    section 2 of the DNA Analysis Backlog Elimination Act of
                    2000 (the Debbie Smith DNA Backlog Grant Program);
                        (B) $5,000,000 is for the purposes described in the
                    Kirk Bloodsworth Post-Conviction DNA Testing Program
                    (Public Law 108-405, section 412); and
                        (C) $5,000,000 is for Sexual Assault Forensic Exam
                    Program Grants as authorized by Public Law 108-405,
                    section 304;
                (5) $40,000,000 for improving tribal law enforcement,
            including equipment and training;
                (6) $12,000,000 for community policing development
            activities;
                (7) $24,000,000 for a national grant program the purpose of
            which is to assist State and local law enforcement to locate,
            arrest and prosecute child sexual predators and exploiters, and
            to enforce sex offender registration laws described in section
            1701(b) of the 1968 Act, of which--
                        (A) $11,000,000 is for sex offender management
                    assistance as authorized by the Adam Walsh Act and the
                    Violent Crime Control Act of 1994 (Public Law 103-322);
                    and
                        (B) $1,000,000 is for the National Sex Offender
                    Public Registry;
                (8) $16,000,000 for expenses authorized by part AA of the
            1968 Act (Secure our Schools); and
                (9) $298,000,000 for grants under section 1701 of title I of
            the 1968 Act (42 U.S.C. 3796dd) for the hiring and rehiring of
            additional career law enforcement officers under part Q of such
            title notwithstanding subsections (g) and (i) of such section
            and notwithstanding 42 U.S.C. 3796dd-3(c).

                              Salaries and Expenses

        For necessary expenses, not elsewhere specified in this title, for
    management and administration of programs within the Office on Violence
    Against Women, the Office of Justice Programs and the Community Oriented
    Policing Services Office, $192,388,000, of which not to exceed
    $15,708,000 shall be available for the Office on Violence Against Women;
    not to exceed $139,218,000 shall be available for the Office of Justice
    Programs; not to exceed $37,462,000 shall be available for the Community
    Oriented Policing Services Office: Provided, That, notwithstanding
    section 109 of title I of Public Law 90-351, an additional amount, not
    to exceed $21,000,000 shall be available for authorized activities of
    the Office of Audit, Assessment, and Management: Provided further, That
    the total amount available for management and administration of such
    programs shall not exceed $213,388,000: <<NOTE: Determination.>>
    Provided further, That notwithstanding section 205 of this Act, upon a
    determination

    [[Page 123 STAT. 3139]]

    by the Attorney General that emergent circumstances require additional
    funding for management and administration of such programs, the Attorney
    General may transfer such amounts to ``Salaries and Expenses'' from
    available appropriations for the current fiscal year for the Department
    of Justice as may be necessary to respond to such circumstances:
    Provided further, That any transfer pursuant to the previous proviso
    shall be treated as a reprogramming under section 505 of this Act and
    shall not be available for obligation or expenditure except in
    compliance with the procedures set forth in that section.

                    General Provisions--Department of Justice

        Sec. 201.  In addition to amounts otherwise made available in this
    title for official reception and representation expenses, a total of not
    to exceed $75,000 from funds appropriated to the Department of Justice
    in this title shall be available to the Attorney General for official
    reception and representation expenses.
        Sec. 202.  None <<NOTE: Abortion.>>  of the funds appropriated by
    this title shall be available to pay for an abortion, except where the
    life of the mother would be endangered if the fetus were carried to
    term, or in the case of rape: Provided, That should this prohibition be
    declared unconstitutional by a court of competent jurisdiction, this
    section shall be null and void.

        Sec. 203.  None <<NOTE: Abortion.>>  of the funds appropriated under
    this title shall be used to require any person to perform, or facilitate
    in any way the performance of, any abortion.

        Sec. 204.  Nothing in the preceding section shall remove the
    obligation of the Director of the Bureau of Prisons to provide escort
    services necessary for a female inmate to receive such service outside
    the Federal facility: Provided, That nothing in this section in any way
    diminishes the effect of section 203 intended to address the
    philosophical beliefs of individual employees of the Bureau of Prisons.
        Sec. 205.  Not to exceed 5 percent of any appropriation made
    available for the current fiscal year for the Department of Justice in
    this Act may be transferred between such appropriations, but no such
    appropriation, except as otherwise specifically provided, shall be
    increased by more than 10 percent by any such transfers: Provided, That
    any transfer pursuant to this section shall be treated as a
    reprogramming of funds under section 505 of this Act and shall not be
    available for obligation except in compliance with the procedures set
    forth in that section.
        Sec. 206.  The <<NOTE: Project extension. 5 USC 3104 note.>>
    Attorney General is authorized to extend through September 30, 2011, the
    Personnel Management Demonstration Project transferred to the Attorney
    General pursuant to section 1115 of the Homeland Security Act of 2002,
    Public Law 107-296 (6 U.S.C. 533) without limitation on the number of
    employees or the positions covered.

        Sec. 207.  Notwithstanding <<NOTE: Investigations. Applicability. 28
    USC 533 note.>>  any other provision of law, Public Law 102-395 section
    102(b) shall extend to the Bureau of Alcohol, Tobacco, Firearms and
    Explosives in the conduct of undercover investigative operations and
    shall apply without fiscal year limitation with respect to any
    undercover investigative operation by the Bureau of Alcohol, Tobacco,
    Firearms and Explosives that is necessary for the detection and
    prosecution of crimes against the United States.

    [[Page 123 STAT. 3140]]

        Sec. 208.  None of the funds made available to the Department of
    Justice in this Act may be used for the purpose of transporting an
    individual who is a prisoner pursuant to conviction for crime under
    State or Federal law and is classified as a maximum or high security
    prisoner, other than to a prison or other facility certified by the
    Federal Bureau of Prisons as appropriately secure for housing such a
    prisoner.
        Sec. 209. (a) None of the funds appropriated by this Act may be used
    by Federal prisons to purchase cable television services, to rent or
    purchase videocassettes, videocassette recorders, or other audiovisual
    or electronic equipment used primarily for recreational purposes.
        (b) The preceding sentence does not preclude the renting,
    maintenance, or purchase of audiovisual or electronic equipment for
    inmate training, religious, or educational programs.
        Sec. 210.  None <<NOTE: Sentinel. Certification.>>  of the funds
    made available under this title shall be obligated or expended for
    Sentinel, or for any other major new or enhanced information technology
    program having total estimated development costs in excess of
    $100,000,000, unless the Deputy Attorney General and the investment
    review board certify to the Committees on Appropriations that the
    information technology program has appropriate program management and
    contractor oversight mechanisms in place, and that the program is
    compatible with the enterprise architecture of the Department of
    Justice.

        Sec. 211.  The <<NOTE: Notification. Applicability.>>  notification
    thresholds and procedures set forth in section 505 of this Act shall
    apply to deviations from the amounts designated for specific activities
    in this Act and accompanying statement, and to any use of deobligated
    balances of funds provided under this title in previous years.

        Sec. 212.  None of the funds appropriated by this Act may be used to
    plan for, begin, continue, finish, process, or approve a public-private
    competition under the Office of Management and Budget Circular A-76 or
    any successor administrative regulation, directive, or policy for work
    performed by employees of the Bureau of Prisons or of Federal Prison
    Industries, Incorporated.
        Sec. 213.  Notwithstanding any other provision of law, no funds
    shall be available for the salary, benefits, or expenses of any United
    States Attorney assigned dual or additional responsibilities by the
    Attorney General or his designee that exempt that United States Attorney
    from the residency requirements of 28 U.S.C. 545.
        Sec. 214.  None <<NOTE: Certification.>>  of the funds appropriated
    in this or any other Act shall be obligated for the initiation of a
    future phase of the Federal Bureau of Investigation's Sentinel program
    until the Attorney General certifies to the Committees on Appropriations
    that existing phases currently under contract for development or
    fielding have completed a majority of the work for that phase under the
    performance measurement baseline validated by the integrated baseline
    review conducted in 2008: Provided, That this restriction does not apply
    to planning and design activities for future
    phases: <<NOTE: Notification.>>  Provided further, That the Bureau will
    notify the Committees on Appropriations of any significant changes to
    the baseline.

        Sec. 215.  In addition to any amounts that otherwise may be
    available (or authorized to be made available) by law, with respect to
    funds appropriated by this Act under the headings ``Justice
    Assistance'', ``State and Local Law Enforcement Assistance'',

    [[Page 123 STAT. 3141]]

    ``Weed and Seed'', ``Juvenile Justice Programs'', and ``Community
    Oriented Policing Services''--
                (1) Up to 3 percent of funds made available to the Office of
            Justice Programs for grants or reimbursement may be used to
            provide training and technical assistance; and
                (2) Up to 1 percent of funds made available to such Office
            for formula grants under such headings may be used for research
            or statistical purposes by the National Institute of Justice or
            the Bureau of Justice Statistics, pursuant to, respectively,
            sections 201 and 202, and sections 301 and 302 of title I of
            Public Law 90-351.

        Sec. 216.  The <<NOTE: Determination. Waiver authority.>>  Attorney
    General may, upon request by a grantee and based upon a determination of
    fiscal hardship, waive the requirements of paragraph (1) of section
    2976(g) of the Omnibus Crime Control and Safe Streets Act of 1968 (42
    U.S.C. 3797w(g)(1)) with respect to funds appropriated in this or any
    other Act making appropriations for fiscal years 2009 and 2010 for Adult
    and Juvenile Offender State and Local Reentry Demonstration Projects
    authorized under part FF of such Act of 1968.

        Sec. 217.  Section 5759 of title 5, United States Code, is amended
    by striking subsection (e).
        Sec. 218. (a) <<NOTE: Deadlines. Reports.>>  The Attorney General
    shall submit quarterly reports to the Inspector General of the
    Department of Justice regarding the costs and contracting procedures
    relating to each conference held by the Department of Justice during
    fiscal year 2010 for which the cost to the Government was more than
    $20,000.

        (b) Each report submitted under subsection (a) shall include, for
    each conference described in that subsection held during the applicable
    quarter--
                (1) a description of the subject of and number of
            participants attending that conference;
                (2) a detailed statement of the costs to the Government
            relating to that conference, including--
                        (A) the cost of any food or beverages;
                        (B) the cost of any audio-visual services; and
                        (C) a discussion of the methodology used to
                    determine which costs relate to that conference; and
                (3) a description of the contracting procedures relating to
            that conference, including--
                        (A) whether contracts were awarded on a competitive
                    basis for that conference; and
                        (B) a discussion of any cost comparison conducted by
                    the Department of Justice in evaluating potential
                    contractors for that conference.

        Sec. 219. (a) Subchapter IV of chapter 57 of title 5, United States
    Code, is amended by adding at the end the following:
    ``Sec. 5761. Foreign <<NOTE: 5 USC 5761.>>  language proficiency
                            pay awards for the Federal Bureau of
                            Investigation

        ``The Director <<NOTE: Regulations.>>  of the Federal Bureau of
    Investigation may, under regulations prescribed by the Director, pay a
    cash award of up to 10 percent of basic pay to any Bureau employee who
    maintains proficiency in a language or languages critical to the mission
    or who uses one or more foreign languages in the performance of official
    duties.''.

    [[Page 123 STAT. 3142]]

        (b) The analysis for chapter 57 of title 5, United States Code, is
    amended by adding at the end the following:

    ``5761. Foreign language proficiency pay awards for the Federal Bureau
               of Investigation.''

        Sec. 220.  For <<NOTE: Waiver authority.>>  purposes of the
    allocation under section 505(d)(1) of title I of Public Law 90-351 (42
    U.S.C. 3755(d)(1)) for fiscal year 2010, the Attorney General is
    authorized to waive the application of section 505(e)(3) (42 U.S.C.
    3755(e)(3)) to any non-reporting unit of local government that--
                (1) was eligible to receive an allocation under section
            505(d)(2)(B) (42 U.S.C. 3755(d)(2)(B));
                (2) agrees <<NOTE: Reports. Deadline.>>  to begin to report
            timely data on part I violent crimes of the Uniform Crime
            Reports to the Federal Bureau of Investigation by not later than
            the end of such fiscal year; and
                (3) does so begin in accordance with such agreement.

        This title may be cited as the ``Department of Justice
    Appropriations Act, 2010''.

    TITLE III <<NOTE: Science Appropriations Act, 2010.>>

                                     SCIENCE

                     Office of Science and Technology Policy

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

                  National Aeronautics and Space Administration

                                     science

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

                                   aeronautics

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

    [[Page 123 STAT. 3143]]

    of mission and administrative aircraft, $501,000,000, to remain
    available until September 30, 2011.

                                   exploration

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

                                space operations

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

                                    education

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

    [[Page 123 STAT. 3144]]

                              cross agency support

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

            construction and environmental compliance and remediation

        For necessary expenses for construction of facilities including
    repair, rehabilitation, revitalization, and modification of facilities,
    construction of new facilities and additions to existing facilities,
    facility planning and design, and restoration, and acquisition or
    condemnation of real property, as authorized by law, and environmental
    compliance and restoration, $448,300,000, to remain available until
    September 30, 2015: Provided, That within the funds provided,
    $13,700,000 shall be available to support science research and
    development activities; $90,800,000 shall be available to support
    exploration research and development activities; $27,300,000 shall be
    available to support space operations research and development
    activities; and $316,500,000 shall be available for cross agency support
    activities: <<NOTE: Contracts. Time period. 42 USC 2459j-1.>>  Provided
    further, That hereafter, notwithstanding section 315 of the National
    Aeronautics and Space Act of 1958 (42 U.S.C. 2459j), all proceeds from
    leases entered into under that section shall be deposited into this
    account and shall be available for a period of 5 years, to the extent
    provided in annual appropriations Acts: Provided further, That such
    proceeds shall be available for obligation for fiscal year 2010 in an
    amount not to exceed $6,226,000: Provided further, That <<NOTE: 42 USC
    16611b note.>>  each annual budget request shall include an annual
    estimate of gross receipts and collections and proposed use of all funds
    collected pursuant to section 315 of the National Aeronautics and Space
    Act of 1958 (42 U.S.C. 2459j).

                           office of inspector general

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

                            administrative provisions

        Funds for announced prizes otherwise authorized shall remain
    available, without fiscal year limitation, until the prize is claimed or
    the offer is withdrawn.

    [[Page 123 STAT. 3145]]

        Not to exceed 5 percent of any appropriation made available for the
    current fiscal year for the National Aeronautics and Space
    Administration in this Act may be transferred between such
    appropriations, but no such appropriation, except as otherwise
    specifically provided, shall be increased by more than 10 percent by any
    such transfers. Any transfer pursuant to this provision shall be treated
    as a reprogramming of funds under section 505 of this Act and shall not
    be available for obligation except in compliance with the procedures set
    forth in that section.
        Notwithstanding any other provision of law, no funds shall be used
    to implement by Reduction in Force or other involuntary separations
    (except for cause) by the National Aeronautics and Space Administration
    prior to September 30, 2010.
        The unexpired balances of the Science, Aeronautics, and Exploration
    account, for activities for which funds are provided under this Act, may
    be transferred to the new accounts established in this Act that provide
    such activity. Balances so transferred shall be merged with the funds in
    the newly established accounts, but shall be available under the same
    terms, conditions and period of time as previously appropriated.

                           National Science Foundation

                         research and related activities

                          (including transfer of funds)

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

              major research equipment and facilities construction

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

    [[Page 123 STAT. 3146]]

                          education and human resources

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

                     agency operations and award management

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

                      office of the national science board

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

                           office of inspector general

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

    [[Page 123 STAT. 3147]]

                                    TITLE IV

                                RELATED AGENCIES

                           Commission on Civil Rights

                              salaries and expenses

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

                     Equal Employment Opportunity Commission

                              salaries and expenses

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

                         International Trade Commission

                              salaries and expenses

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

    [[Page 123 STAT. 3148]]

                           Legal Services Corporation

                    payment to the legal services corporation

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

              administrative provision--legal services corporation

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

                            Marine Mammal Commission

                              salaries and expenses

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

                Office of the United States Trade Representative

                              salaries and expenses

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

    [[Page 123 STAT. 3149]]

                             State Justice Institute

                              salaries and expenses

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

                                     TITLE V

                               GENERAL PROVISIONS

        Sec. 501.  No part of any appropriation contained in this Act shall
    be used for publicity or propaganda purposes not authorized by the
    Congress.
        Sec. 502.  No part of any appropriation contained in this Act shall
    remain available for obligation beyond the current fiscal year unless
    expressly so provided herein.
        Sec. 503.  The <<NOTE: Contracts.>>  expenditure of any
    appropriation under this Act for any consulting service through
    procurement contract, pursuant to 5 U.S.C. 3109, shall be limited to
    those contracts where such expenditures are a matter of public record
    and available for public inspection, except where otherwise provided
    under existing law, or under existing Executive order issued pursuant to
    existing law.

        Sec. 504.  If any provision of this Act or the application of such
    provision to any person or circumstances shall be held invalid, the
    remainder of the Act and the application of each provision to persons or
    circumstances other than those as to which it is held invalid shall not
    be affected thereby.
        Sec. 505. (a) <<NOTE: Notifications. Deadlines.>>  None of the funds
    provided under this Act, or provided under previous appropriations Acts
    to the agencies funded by this Act that remain available for obligation
    or expenditure in fiscal year 2010, or provided from any accounts in the
    Treasury of the United States derived by the collection of fees
    available to the agencies funded by this Act, shall be available for
    obligation or expenditure through the reprogramming of funds that--
                (1) creates or initiates a new program, project or activity;
                (2) eliminates a program, project or activity, unless the
            House and Senate Committees on Appropriations are notified 15
            days in advance of such reprogramming of funds;
                (3) increases funds or personnel by any means for any
            project or activity for which funds have been denied or
            restricted by this Act, unless the House and Senate Committees
            on Appropriations are notified 15 days in advance of such
            reprogramming of funds;
                (4) relocates an office or employees, unless the House and
            Senate Committees on Appropriations are notified 15 days in
            advance of such reprogramming of funds;
                (5) reorganizes or renames offices, programs or activities,
            unless the House and Senate Committees on Appropriations are
            notified 15 days in advance of such reprogramming of funds;
                (6) contracts out or privatizes any functions or activities
            presently performed by Federal employees, unless the House

    [[Page 123 STAT. 3150]]

            and Senate Committees on Appropriations are notified 15 days in
            advance of such reprogramming of funds;
                (7) proposes to use funds directed for a specific activity
            by either the House or Senate Committee on Appropriations for a
            different purpose, unless the House and Senate Committees on
            Appropriations are notified 15 days in advance of such
            reprogramming of funds;
                (8) augments funds for existing programs, projects or
            activities in excess of $500,000 or 10 percent, whichever is
            less, or reduces by 10 percent funding for any program, project
            or activity, or numbers of personnel by 10 percent as approved
            by Congress, unless the House and Senate Committees on
            Appropriations are notified 15 days in advance of such
            reprogramming of funds; or
                (9) results from any general savings, including savings from
            a reduction in personnel, which would result in a change in
            existing programs, projects or activities as approved by
            Congress, unless the House and Senate Committees on
            Appropriations are notified 15 days in advance of such
            reprogramming of funds.

        (b) None of the funds in provided under this Act, or provided under
    previous appropriations Acts to the agencies funded by this Act that
    remain available for obligation or expenditure in fiscal year 2010, or
    provided from any accounts in the Treasury of the United States derived
    by the collection of fees available to the agencies funded by this Act,
    shall be available for obligation or expenditure through the
    reprogramming of funds after August 1, except in extraordinary
    circumstances, and only after the House and Senate Committees on
    Appropriations are notified 30 days in advance of such reprogramming of
    funds.
        Sec. 506.  Hereafter, <<NOTE: Religious harassment. 42 USC 2000e-12
    note.>>  none of the funds made available in this or any other Act may
    be used to implement, administer, or enforce any guidelines of the Equal
    Employment Opportunity Commission covering harassment based on religion,
    when it is made known to the Federal entity or official to which such
    funds are made available that such guidelines do not differ in any
    respect from the proposed guidelines published by the Commission on
    October 1, 1993 (58 Fed. Reg. 51266).

        Sec. 507.  If it has been finally determined by a court or Federal
    agency that any person intentionally affixed a label bearing a ``Made in
    America'' inscription, or any inscription with the same meaning, to any
    product sold in or shipped to the United States that is not made in the
    United States, the person shall be ineligible to receive any contract or
    subcontract made with funds made available in this Act, pursuant to the
    debarment, suspension, and ineligibility procedures described in
    sections 9.400 through 9.409 of title 48, Code of Federal Regulations.
        Sec. 508.  The <<NOTE: Deadlines. Reports.>>  Departments of
    Commerce and Justice, the National Science Foundation, and the National
    Aeronautics and Space Administration, shall provide to the House and
    Senate Committees on Appropriations a quarterly accounting of the
    cumulative balances of any unobligated funds that were received by such
    agency during any previous fiscal year.

        Sec. 509.  Any costs incurred by a department or agency funded under
    this Act resulting from, or to prevent, personnel actions taken in
    response to funding reductions included in this Act shall be absorbed
    within the total budgetary resources available to such

    [[Page 123 STAT. 3151]]

    department or agency: <<NOTE: Transfer authority.>>  Provided, That the
    authority to transfer funds between appropriations accounts as may be
    necessary to carry out this section is provided in addition to
    authorities included elsewhere in this Act: Provided further, That use
    of funds to carry out this section shall be treated as a reprogramming
    of funds under section 505 of this Act and shall not be available for
    obligation or expenditure except in compliance with the procedures set
    forth in that section.

        Sec. 510.  None <<NOTE: Tobacco and tobacco products.>>  of the
    funds provided by this Act shall be available to promote the sale or
    export of tobacco or tobacco products, or to seek the reduction or
    removal by any foreign country of restrictions on the marketing of
    tobacco or tobacco products, except for restrictions which are not
    applied equally to all tobacco or tobacco products of the same type.

        Sec. 511.  None of the funds appropriated pursuant to this Act or
    any other provision of law may be used for--
                (1) the implementation of any tax or fee in connection with
            the implementation of subsection 922(t) of title 18, United
            States Code; and
                (2) any <<NOTE: Firearms.>>  system to implement subsection
            922(t) of title 18, United States Code, that does not require
            and result in the destruction of any identifying information
            submitted by or on behalf of any person who has been determined
            not to be prohibited from possessing or receiving a firearm no
            more than 24 hours after the system advises a Federal firearms
            licensee that possession or receipt of a firearm by the
            prospective transferee would not violate subsection (g) or (n)
            of section 922 of title 18, United States Code, or State law.

        Sec. 512.  Notwithstanding <<NOTE: 42 USC 10601 note.>>  any other
    provision of law, amounts deposited or available in the Fund established
    under 42 U.S.C. 10601 in any fiscal year in excess of $705,000,000 shall
    not be available for obligation until the following fiscal year.

        Sec. 513.  None <<NOTE: Discrimination.>>  of the funds made
    available to the Department of Justice in this Act may be used to
    discriminate against or denigrate the religious or moral beliefs of
    students who participate in programs for which financial assistance is
    provided from those funds, or of the parents or legal guardians of such
    students.

        Sec. 514.  None of the funds made available in this Act may be
    transferred to any department, agency, or instrumentality of the United
    States Government, except pursuant to a transfer made by, or transfer
    authority provided in, this Act or any other appropriations Act.
        Sec. 515.  Any funds provided in this Act used to implement E-
    Government Initiatives shall be subject to the procedures set forth in
    section 505 of this Act.
        Sec. 516. (a) <<NOTE: Firearm traces.>>  Tracing studies conducted
    by the Bureau of Alcohol, Tobacco, Firearms and Explosives are released
    without adequate disclaimers regarding the limitations of the data.

        (b) The Bureau of Alcohol, Tobacco, Firearms and Explosives shall
    include in all such data releases, language similar to the following
    that would make clear that trace data cannot be used to draw broad
    conclusions about firearms-related crime:
                (1) Firearm traces are designed to assist law enforcement
            authorities in conducting investigations by tracking the sale
            and possession of specific firearms. Law enforcement agencies
            may request firearms traces for any reason, and those reasons
            are not necessarily reported to the Federal Government. Not

    [[Page 123 STAT. 3152]]

            all firearms used in crime are traced and not all firearms
            traced are used in crime.
                (2) Firearms selected for tracing are not chosen for
            purposes of determining which types, makes, or models of
            firearms are used for illicit purposes. The firearms selected do
            not constitute a random sample and should not be considered
            representative of the larger universe of all firearms used by
            criminals, or any subset of that universe. Firearms are normally
            traced to the first retail seller, and sources reported for
            firearms traced do not necessarily represent the sources or
            methods by which firearms in general are acquired for use in
            crime.

        Sec. 517. (a) <<NOTE: Audits. Reports. Deadlines.>>  The Inspectors
    General of the Department of Commerce, the Department of Justice, the
    National Aeronautics and Space Administration, the National Science
    Foundation, and the Legal Services Corporation shall conduct audits,
    pursuant to the Inspector General Act (5 U.S.C. App.), of grants or
    contracts for which funds are appropriated by this Act, and shall submit
    reports to Congress on the progress of such audits, which may include
    preliminary findings and a description of areas of particular interest,
    within 180 days after initiating such an audit and every 180 days
    thereafter until any such audit is completed.

        (b) Within <<NOTE: Deadline. Public information. Web posting.>>  60
    days after the date on which an audit described in subsection (a) by an
    Inspector General is completed, the Secretary, Attorney General,
    Administrator, Director, or President, as appropriate, shall make the
    results of the audit available to the public on the Internet website
    maintained by the Department, Administration, Foundation, or
    Corporation, respectively. The results shall be made available in
    redacted form to exclude--
                (1) any matter described in section 552(b) of title 5,
            United States Code; and
                (2) sensitive personal information for any individual, the
            public access to which could be used to commit identity theft or
            for other inappropriate or unlawful purposes.

        (c) A grant or contract funded by amounts appropriated by this Act
    may not be used for the purpose of defraying the costs of a banquet or
    conference that is not directly and programmatically related to the
    purpose for which the grant or contract was awarded, such as a banquet
    or conference held in connection with planning, training, assessment,
    review, or other routine purposes related to a project funded by the
    grant or contract.
        (d) Any <<NOTE: Certification.>>  person awarded a grant or contract
    funded by amounts appropriated by this Act shall submit a statement to
    the Secretary of Commerce, the Attorney General, the Administrator,
    Director, or President, as appropriate, certifying that no funds derived
    from the grant or contract will be made available through a subcontract
    or in any other manner to another person who has a financial interest in
    the person awarded the grant or contract.

        (e) The <<NOTE: Effective date. Determination.>>  provisions of the
    preceding subsections of this section shall take effect 30 days after
    the date on which the Director of the Office of Management and Budget,
    in consultation with the Director of the Office of Government Ethics,
    determines that a uniform set of rules and requirements, substantially
    similar to the requirements in such subsections, consistently apply
    under the executive branch ethics program to all Federal departments,
    agencies, and entities.

    [[Page 123 STAT. 3153]]

        Sec. 518.  None <<NOTE: Human organism.>>  of the funds appropriated
    or otherwise made available under this Act may be used to issue patents
    on claims directed to or encompassing a human organism.

        Sec. 519.  None <<NOTE: Torture.>>  of the funds made available in
    this Act shall be used in any way whatsoever to support or justify the
    use of torture by any official or contract employee of the United States
    Government.

        Sec. 520. (a) <<NOTE: Exports and imports. Firearms. Canada.>>
    Notwithstanding any other provision of law or treaty, none of the funds
    appropriated or otherwise made available under this Act or any other Act
    may be expended or obligated by a department, agency, or instrumentality
    of the United States to pay administrative expenses or to compensate an
    officer or employee of the United States in connection with requiring an
    export license for the export to Canada of components, parts,
    accessories or attachments for firearms listed in Category I, section
    121.1 of title 22, Code of Federal Regulations (International
    Trafficking in Arms Regulations (ITAR), part 121, as it existed on April
    1, 2005) with a total value not exceeding $500 wholesale in any
    transaction, provided that the conditions of subsection (b) of this
    section are met by the exporting party for such articles.

        (b) The foregoing exemption from obtaining an export license--
                (1) does not exempt an exporter from filing any Shipper's
            Export Declaration or notification letter required by law, or
            from being otherwise eligible under the laws of the United
            States to possess, ship, transport, or export the articles
            enumerated in subsection (a); and
                (2) does not permit the export without a license of--
                        (A) fully automatic firearms and components and
                    parts for such firearms, other than for end use by the
                    Federal Government, or a Provincial or Municipal
                    Government of Canada;
                        (B) barrels, cylinders, receivers (frames) or
                    complete breech mechanisms for any firearm listed in
                    Category I, other than for end use by the Federal
                    Government, or a Provincial or Municipal Government of
                    Canada; or
                        (C) articles for export from Canada to another
                    foreign destination.

        (c) In accordance with this section, the District Directors of
    Customs and postmasters shall permit the permanent or temporary export
    without a license of any unclassified articles specified in subsection
    (a) to Canada for end use in Canada or return to the United States, or
    temporary import of Canadian-origin items from Canada for end use in the
    United States or return to Canada for a Canadian citizen.
        (d) The <<NOTE: President. Determination. Federal Register,
    publication.>>  President may require export licenses under this section
    on a temporary basis if the President determines, upon publication first
    in the Federal Register, that the Government of Canada has implemented
    or maintained inadequate import controls for the articles specified in
    subsection (a), such that a significant diversion of such articles has
    and continues to take place for use in international terrorism or in the
    escalation of a conflict in another nation. The President shall
    terminate the requirements of a license when reasons for the temporary
    requirements have ceased.

        Sec. 521.  Notwithstanding <<NOTE: Firearms.>>  any other provision
    of law, no department, agency, or instrumentality of the United States
    receiving appropriated funds under this Act or any other Act shall
    obligate or expend in any way such funds to pay administrative

    [[Page 123 STAT. 3154]]

    expenses or the compensation of any officer or employee of the United
    States to deny any application submitted pursuant to 22 U.S.C.
    2778(b)(1)(B) and qualified pursuant to 27 CFR section 478.112 or .113,
    for a permit to import United States origin ``curios or relics''
    firearms, parts, or ammunition.

        Sec. 522.  None of the funds made available in this Act may be used
    to include in any new bilateral or multilateral trade agreement the text
    of--
                (1) paragraph 2 of article 16.7 of the United States-
            Singapore Free Trade Agreement;
                (2) paragraph 4 of article 17.9 of the United States-
            Australia Free Trade Agreement; or
                (3) paragraph 4 of article 15.9 of the United States-Morocco
            Free Trade Agreement.

        Sec. 523.  None <<NOTE: National security letters.>>  of the funds
    made available in this Act may be used to authorize or issue a national
    security letter in contravention of any of the following laws
    authorizing the Federal Bureau of Investigation to issue national
    security letters: The Right to Financial Privacy Act; The Electronic
    Communications Privacy Act; The Fair Credit Reporting Act; The National
    Security Act of 1947; USA PATRIOT Act; and the laws amended by these
    Acts.

        Sec. 524.  If at any time during any quarter, the program manager of
    a project within the jurisdiction of the Departments of Commerce or
    Justice, the National Aeronautics and Space Administration, or the
    National Science Foundation totaling more than $75,000,000 has
    reasonable cause to believe that the total program cost has increased by
    10 percent, the program manager shall immediately inform the Secretary,
    Administrator, or Director. The
    Secretary, <<NOTE: Notification. Deadline.>>  Administrator, or Director
    shall notify the House and Senate Committees on Appropriations within 30
    days in writing of such increase, and shall include in such notice: the
    date on which such determination was made; a statement of the reasons
    for such increases; the action taken and proposed to be taken to control
    future cost growth of the project; changes made in the performance or
    schedule milestones and the degree to which such changes have
    contributed to the increase in total program costs or procurement costs;
    new estimates of the total project or procurement costs; and a statement
    validating that the project's management structure is adequate to
    control total project or procurement costs.

        Sec. 525.  Funds appropriated by this Act, or made available by the
    transfer of funds in this Act, for intelligence or intelligence related
    activities are deemed to be specifically authorized by the Congress for
    purposes of section 504 of the National Security Act of 1947 (50 U.S.C.
    414) during fiscal year 2010 until the enactment of the Intelligence
    Authorization Act for fiscal year 2010.
        Sec. 526.  The <<NOTE: Web posting. 5 USC app. 8L.>>  Departments,
    agencies, and commissions funded under this Act, shall establish and
    maintain on the homepages of their Internet websites--
                (1) a direct link to the Internet websites of their Offices
            of Inspectors General; and
                (2) a mechanism on the Offices of Inspectors General website
            by which individuals may anonymously report cases of waste,
            fraud, or abuse with respect to those Departments, agencies, and
            commissions.

        Sec. 527.  None <<NOTE: Contracts. Grants. Certification.>>  of the
    funds appropriated or otherwise made available by this Act may be used
    to enter into a contract in

    [[Page 123 STAT. 3155]]

    an amount greater than $5,000,000 or to award a grant in excess of such
    amount unless the prospective contractor or grantee certifies in writing
    to the agency awarding the contract or grant that, to the best of its
    knowledge and belief, the contractor or grantee has filed all Federal
    tax returns required during the three years preceding the certification,
    has not been convicted of a criminal offense under the Internal Revenue
    Code of 1986, and has not, more than 90 days prior to certification,
    been notified of any unpaid Federal tax assessment for which the
    liability remains unsatisfied, unless the assessment is the subject of
    an installment agreement or offer in compromise that has been approved
    by the Internal Revenue Service and is not in default, or the assessment
    is the subject of a non-frivolous administrative or judicial proceeding.

        Sec. 528.  None of the funds appropriated or otherwise made
    available in this Act may be used in a manner that is inconsistent with
    the principal negotiating objective of the United States with respect to
    trade remedy laws to preserve the ability of the United States--
                (1) to enforce vigorously its trade laws, including
            antidumping, countervailing duty, and safeguard laws;
                (2) to avoid agreements that--
                        (A) lessen the effectiveness of domestic and
                    international disciplines on unfair trade, especially
                    dumping and subsidies; or
                        (B) lessen the effectiveness of domestic and
                    international safeguard provisions, in order to ensure
                    that United States workers, agricultural producers, and
                    firms can compete fully on fair terms and enjoy the
                    benefits of reciprocal trade concessions; and
                (3) to address and remedy market distortions that lead to
            dumping and subsidization, including overcapacity,
            cartelization, and market-access barriers.

                                  (rescissions)

        Sec. 529. (a) Of the unobligated balances available to the
    Department of Justice from prior appropriations, the following funds are
    hereby rescinded, not later than September 30, 2010, from the following
    accounts in the specified amounts--
                (1) ``Legal Activities, Assets Forfeiture Fund'',
            $387,200,000;
                (2) ``Federal Bureau of Investigation, Salaries and
            Expenses'', $50,000,000;
                (3) ``Office of Justice Programs'', $54,000,000; and
                (4) ``Community Oriented Policing Services'', $40,000,000.

        (b) Within <<NOTE: Deadline. Reports.>>  30 days of enactment of
    this Act, the Department of Justice shall submit to the Committees on
    Appropriations of the House of Representatives and the Senate a report
    specifying the amount of each rescission made pursuant to this section.

        (c) The rescissions contained in this section shall not apply to
    funds provided in this Act.
        Sec. 530.  None of the funds made available in this Act may be used
    to purchase first class or premium airline travel in contravention of
    sections 301-10.122 through 301-10.124 of title 41 of the Code of
    Federal Regulations.
        Sec. 531.  None of the funds made available in this Act may be used
    to send or otherwise pay for the attendance of more than

    [[Page 123 STAT. 3156]]

    50 employees from a Federal department or agency at any single
    conference occurring outside the United States.
        Sec. 532. (a) <<NOTE: Detainees. Cuba. President. Classified
    information. Deadlines.>>  None of the funds made available in this or
    any other Act may be used to release an individual who is detained, as
    of June 24, 2009, at Naval Station, Guantanamo Bay, Cuba, into the
    continental United States, Alaska, Hawaii, or the District of Columbia,
    into any of the United States territories of Guam, American Samoa (AS),
    the United States Virgin Islands (USVI), the Commonwealth of Puerto Rico
    and the Commonwealth of the Northern Mariana Islands (CNMI).

        (b) None of the funds made available in this or any other Act may be
    used to transfer an individual who is detained, as of June 24, 2009, at
    Naval Station, Guantanamo Bay, Cuba, into the continental United States,
    Alaska, Hawaii, or the District of Columbia, into any of the United
    States territories of Guam, American Samoa (AS), the United States
    Virgin Islands (USVI), the Commonwealth of Puerto Rico and the
    Commonwealth of the Northern Mariana Islands (CNMI), for the purpose of
    detention, except as provided in subsection (c).
        (c) None of the funds made available in this or any other Act may be
    used to transfer an individual who is detained, as of June 24, 2009, at
    Naval Station, Guantanamo Bay, Cuba, into the continental United States,
    Alaska, Hawaii, or the District of Columbia, into any of the United
    States territories of Guam, American Samoa (AS), the United States
    Virgin Islands (USVI), the Commonwealth of Puerto Rico and the
    Commonwealth of the Northern Mariana Islands (CNMI), for the purposes of
    prosecuting such individual, or detaining such individual during legal
    proceedings, until 45 days after the plan described in subsection (d) is
    received.
        (d) The <<NOTE: Disposition plan.>>  President shall submit to
    Congress, in classified form, a plan regarding the proposed disposition
    of any individual covered by subsection (c) who is detained as of June
    24, 2009. Such plan shall include, at a minimum, each of the following
    for each such individual:
                (1) A determination of the risk that the individual might
            instigate an act of terrorism within the continental United
            States, Alaska, Hawaii, the District of Columbia, or the United
            States territories if the individual were so transferred.
                (2) A determination of the risk that the individual might
            advocate, coerce, or incite violent extremism, ideologically
            motivated criminal activity, or acts of terrorism, among inmate
            populations at incarceration facilities within the continental
            United States, Alaska, Hawaii, the District of Columbia, or the
            United States territories if the individual were transferred to
            such a facility.
                (3) The costs associated with transferring the individual in
            question.
                (4) The legal rationale and associated court demands for
            transfer.
                (5) A plan for mitigation of any risks described in
            paragraphs (1), (2), and (7).
                (6) A <<NOTE: Notification. Certification.>>  copy of a
            notification to the Governor of the State to which the
            individual will be transferred, to the Mayor of the District of
            Columbia if the individual will be transferred to the District
            of Columbia, or to any United States territories with a
            certification by the Attorney General of the United

    [[Page 123 STAT. 3157]]

            States in classified form at least 14 days prior to such
            transfer (together with supporting documentation and
            justification) that the individual poses little or no security
            risk to the United States.
                (7) An assessment of any risk to the national security of
            the United States or its citizens, including members of the
            Armed Services of the United States, that is posed by such
            transfer and the actions taken to mitigate such risk.

        (e) None of the funds made available in this or any other Act may be
    used to transfer or release an individual detained at Naval Station,
    Guantanamo Bay, Cuba, as of June 24, 2009, to the country of such
    individual's nationality or last habitual residence or to any other
    country other than the United States or to a freely associated State,
    unless the President submits to the Congress, in classified form, at
    least 15 days prior to such transfer or release, the following
    information:
                (1) The name of any individual to be transferred or released
            and the country or the freely associated State to which such
            individual is to be transferred or released.
                (2) An assessment of any risk to the national security of
            the United States or its citizens, including members of the
            Armed Services of the United States, that is posed by such
            transfer or release and the actions taken to mitigate such risk.
                (3) The terms of any agreement with the country or the
            freely associated State for the acceptance of such individual,
            including the amount of any financial assistance related to such
            agreement.

        (f) None of the funds made available in this Act may be used to
    provide any immigration benefit (including a visa, admission into the
    United States or any of the United States territories, parole into the
    United States or any of the United States territories (other than parole
    for the purposes of prosecution and related detention), or
    classification as a refugee or applicant for asylum) to any individual
    who is detained, as of June 24, 2009, at Naval Station, Guantanamo Bay,
    Cuba.
        (g) In <<NOTE: Definition.>>  this section, the term ``freely
    associated States'' means the Federated States of Micronesia (FSM), the
    Republic of the Marshall Islands (RMI), and the Republic of Palau.

        (h) Prior <<NOTE: Reports.>>  to the termination of detention
    operations at Naval Station, Guantanamo Bay, Cuba, the President shall
    submit to the Congress a report in classified form describing the
    disposition or legal status of each individual detained at the facility
    as of the date of enactment of this Act.

        Sec. 533.  Section 504(a) of the Departments of Commerce, Justice,
    and State, the Judiciary, and Related Agencies Appropriations Act, 1996
    (as contained in Public Law 104-134) <<NOTE: 110 Stat. 1321-55.>>  is
    amended by striking paragraph (13).

        Sec. 534.  None <<NOTE: ACORN.>>  of the funds made available under
    this Act may be distributed to the Association of Community
    Organizations for Reform Now (ACORN) or its subsidiaries.

        Sec. 535. (a) <<NOTE: Audits.>>  The Comptroller General of the
    United States shall conduct a review and audit of Federal funds received
    by the Association of Community Organizations for Reform Now (referred
    to in this section as ``ACORN'') or any subsidiary or affiliate of ACORN
    to determine--

    [[Page 123 STAT. 3158]]

                (1) whether any Federal funds were misused and, if so, the
            total amount of Federal funds involved and how such funds were
            misused;
                (2) what steps, if any, have been taken to recover any
            Federal funds that were misused;
                (3) what steps should be taken to prevent the misuse of any
            Federal funds; and
                (4) whether all necessary steps have been taken to prevent
            the misuse of any Federal funds.

        (b) Not <<NOTE: Deadline. Reports. Recommenda- tions.>>  later than
    180 days after the date of enactment of this Act, the Comptroller
    General shall submit to Congress a report on the results of the audit
    required under subsection (a), along with recommendations for Federal
    agency reforms.

        Sec. 536.  To the extent practicable, funds made available in this
    Act should be used to purchase light bulbs that are ``Energy Star''
    qualified or have the ``Federal Energy Management Program'' designation.
        Sec. 537.  The Director of the Office of Management and Budget shall
    instruct any department, agency, or instrumentality of the United States
    Government receiving funds appropriated under this Act to track
    undisbursed balances in expired grant accounts and include in its annual
    performance plan and performance and accountability reports the
    following:
                (1) Details on future action the department, agency, or
            instrumentality will take to resolve undisbursed balances in
            expired grant accounts.
                (2) The method that the department, agency, or
            instrumentality uses to track undisbursed balances in expired
            grant accounts.
                (3) Identification of undisbursed balances in expired grant
            accounts that may be returned to the Treasury of the United
            States.
                (4) In the preceding 3 fiscal years, details on the total
            number of expired grant accounts with undisbursed balances (on
            the first day of each fiscal year) for the department, agency,
            or instrumentality and the total finances that have not been
            obligated to a specific project remaining in the accounts.

        Sec. 538.  None of the funds made available in this Act may be used
    to relocate the Bureau of the Census or employees from the Department of
    Commerce to the jurisdiction of the Executive Office of the President.
        Sec. 539.  Specific <<NOTE: Earmarks.>>  projects contained in the
    report of the Committee on Appropriations of the House of
    Representatives accompanying this Act (H. Rept. 111-149) that are
    considered congressional earmarks for purposes of clause 9 of rule XXI
    of the Rules of the House of Representatives, when intended to be
    awarded to a for-profit entity, shall be awarded under a full and open
    competition.

        This division may be cited as the ``Commerce, Justice, Science, and
    Related Agencies Appropriations Act, 2010''.

    [[Page 123 STAT. 3159]]

    DIVISION C--FINANCIAL <<NOTE: Financial Services and General Government
    Appropriations Act, 2010. Department of the Treasury Appropriations Act,
    2010.>>  SERVICES AND GENERAL GOVERNMENT APPROPRIATIONS ACT, 2010

                                     TITLE I

                           DEPARTMENT OF THE TREASURY

                              Departmental Offices

                              salaries and expenses

                         (including transfers of funds)

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

    [[Page 123 STAT. 3160]]

    further, That of the amount appropriated under this heading, $500,000,
    to remain available until September 30, 2011, is for secure space
    requirements: Provided further, That of the amount appropriated under
    this heading, $3,400,000, to remain available until September 30, 2012,
    is to develop and implement programs within the Office of Critical
    Infrastructure Protection and Compliance Policy, including entering into
    cooperative agreements: Provided further, That of the amount
    appropriated under this heading, $3,000,000, to remain available until
    September 30, 2012, is for modernizing the Office of Debt Management's
    information technology.

            department-wide systems and capital investments programs

                          (including transfer of funds)

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

                           office of inspector general

                              salaries and expenses

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

                treasury inspector general for tax administration

                              salaries and expenses

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

    [[Page 123 STAT. 3161]]

    exceed $1,500 shall be available for official reception and
    representation expenses.

         special inspector general for the troubled asset relief program

                              salaries and expenses

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

                      Financial Crimes Enforcement Network

                              salaries and expenses

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

                            Treasury Forfeiture Fund

                                  (rescission)

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

                          Financial Management Service

                              salaries and expenses

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

                    Alcohol and Tobacco Tax and Trade Bureau

                              salaries and expenses

        For necessary expenses of carrying out section 1111 of the Homeland
    Security Act of 2002, including hire of passenger motor vehicles,
    $103,000,000; of which not to exceed $6,000 for official reception and
    representation expenses; not to exceed $50,000 for cooperative research
    and development programs for laboratory services; and provision of
    laboratory assistance to State and local agencies with or without
    reimbursement: Provided, That of the amount

    [[Page 123 STAT. 3162]]

    appropriated under this heading, $3,000,000, to remain available until
    September 30, 2011, shall be for the hiring, training, and equipping of
    special agents and related support personnel.

                               United States Mint

                    united states mint public enterprise fund

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

                            Bureau of the Public Debt

                          administering the public debt

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

        Community Development Financial Institutions Fund Program Account

                          (including transfer of funds)

        To carry out the Community Development Banking and Financial
    Institutions Act of 1994 (Public Law 103-325), including services
    authorized by 5 U.S.C. 3109, but at rates for individuals not to exceed
    the per diem rate equivalent to the rate for ES-3, notwithstanding
    sections 4707(d) and 4707(e) of title 12, United States Code,
    $166,750,000, to remain available until September 30, 2011; of which
    $12,000,000 shall be for financial assistance, technical assistance,
    training and outreach programs, designed to benefit Native American,
    Native Hawaiian, and Alaskan Native communities and provided primarily
    through qualified community development lender organizations with
    experience and expertise in community development banking and lending in
    Indian country, Native American organizations, tribes and tribal
    organizations and other suitable providers; of which $1,000,000 shall be
    available for the pilot project grant program under section 1132(d) of
    division A of the Housing and Economic Recovery Act of 2008 (Public Law

    [[Page 123 STAT. 3163]]

    110-289); of which $3,150,000 shall be for an additional pilot project
    grant to an eligible organization located in the State of Hawaii for
    financial education and pre-home ownership counseling as authorized in
    section 1132(d) of division A of the Housing and Economic Recovery Act
    of 2008 (Public Law 110-289), and of which up to $18,000,000 may be used
    for administrative expenses, including administration of the New Markets
    Tax Credit.
        For an additional amount to be transferred to the ``Capital Magnet
    Fund'', as authorized by section 1339 of the Federal Housing Enterprises
    Financial Safety and Soundness Act of 1992 (12 U.S.C. 1301 et seq.), as
    amended by section 1131 of the Housing and Economic Recovery Act of 2008
    (Public Law 110-289), to support financing for affordable housing and
    economic development projects, $80,000,000, to remain available until
    September 30, 2011: <<NOTE: Applicability.>>  Provided, That, for fiscal
    year 2010, section 1339(h)(3) of the Federal Housing Enterprises
    Financial Safety and Soundness Act of 1992, as amended by section 1131
    of the Housing and Economic Recovery Act of 2008 (Public Law 110-289),
    shall be applied by substituting the term ``at least 10 times the grant
    amount or such other amount that the Secretary may require'' for ``at
    least 10 times the grant amount''.

                            Internal Revenue Service

                                taxpayer services

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

                                   enforcement

                          (including transfer of funds)

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

    [[Page 123 STAT. 3164]]

    to ``Operations Support'' solely for the purposes of the Interagency
    Crime and Drug Enforcement program: Provided further, That this transfer
    authority shall be in addition to any other transfer authority provided
    in this Act. In addition to amounts made available above, $600,000,000
    shall be made available for enhanced tax enforcement activities.

                               operations support

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

                         business systems modernization

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

    [[Page 123 STAT. 3165]]

                   health insurance tax credit administration

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

               administrative provisions--internal revenue service

                          (including transfer of funds)

        Sec. 101.  Not to exceed 5 percent of any appropriation made
    available in this Act to the Internal Revenue Service or not to exceed 3
    percent of appropriations under the heading ``Enforcement'' may be
    transferred to any other Internal Revenue Service appropriation upon the
    advance approval of the Committees on Appropriations.
        Sec. 102.  The Internal Revenue Service shall maintain a training
    program to ensure that Internal Revenue Service employees are trained in
    taxpayers' rights, in dealing courteously with taxpayers, and in cross-
    cultural relations.
        Sec. 103.  The <<NOTE: Confidentiality.>>  Internal Revenue Service
    shall institute and enforce policies and procedures that will safeguard
    the confidentiality of taxpayer information.

        Sec. 104.  Funds made available by this or any other Act to the
    Internal Revenue Service shall be available for improved facilities and
    increased staffing to provide sufficient and effective 1-800 help line
    service for taxpayers. The Commissioner shall continue to make the
    improvement of the Internal Revenue Service 1-800 help line service a
    priority and allocate resources necessary to increase phone lines and
    staff to improve the Internal Revenue Service 1-800 help line service.
        Sec. 105.  Of the funds made available by this Act to the Internal
    Revenue Service, not less than $7,100,000,000 shall be available only
    for tax enforcement. In addition, of the funds made available by this
    Act to the Internal Revenue Service, and subject to the same terms and
    conditions, $890,000,000 shall be available for enhanced tax law
    enforcement.
        Sec. 106.  None <<NOTE: Contracts.>>  of the funds made available in
    this Act may be used to enter into, renew, extend, administer,
    implement, enforce, or provide oversight of any qualified tax collection
    contract (as defined in section 6306 of the Internal Revenue Code of
    1986).

              Administrative Provisions--Department of the Treasury

                         (including transfers of funds)

        Sec. 107.  Appropriations to the Department of the Treasury in this
    Act shall be available for uniforms or allowances therefor, as
    authorized by law (5 U.S.C. 5901), including maintenance, repairs, and
    cleaning; purchase of insurance for official motor vehicles operated in
    foreign countries; purchase of motor vehicles without regard to the
    general purchase price limitations for vehicles purchased and used
    overseas for the current fiscal year; entering into contracts with the
    Department of State for the furnishing of health and medical services to
    employees and their dependents serving in foreign countries; and
    services authorized by 5 U.S.C. 3109.

    [[Page 123 STAT. 3166]]

        Sec. 108.  Not to exceed 2 percent of any appropriations in this Act
    made available to the Departmental Offices--Salaries and Expenses,
    Office of Inspector General, Financial Management Service, Alcohol and
    Tobacco Tax and Trade Bureau, Financial Crimes Enforcement Network, and
    Bureau of the Public Debt, may be transferred between such
    appropriations upon the advance approval of the Committees on
    Appropriations: Provided, That no transfer may increase or decrease any
    such appropriation by more than 2 percent.
        Sec. 109.  Not to exceed 2 percent of any appropriation made
    available in this Act to the Internal Revenue Service may be transferred
    to the Treasury Inspector General for Tax Administration's appropriation
    upon the advance approval of the Committees on Appropriations: Provided,
    That no transfer may increase or decrease any such appropriation by more
    than 2 percent.
        Sec. 110.  Of the funds available for the purchase of law
    enforcement vehicles, no funds may be obligated until the Secretary of
    the Treasury certifies that the purchase by the respective Treasury
    bureau is consistent with departmental vehicle management principles:
    Provided, That the Secretary may delegate this authority to the
    Assistant Secretary for Management.
        Sec. 111.  None of the funds appropriated in this Act or otherwise
    available to the Department of the Treasury or the Bureau of Engraving
    and Printing may be used to redesign the $1 Federal Reserve note.
        Sec. 112.  The Secretary of the Treasury may transfer funds from
    Financial Management Service, Salaries and Expenses to the Debt
    Collection Fund as necessary to cover the costs of debt collection:
    Provided, That such amounts shall be reimbursed to such salaries and
    expenses account from debt collections received in the Debt Collection
    Fund.
        Sec. 113.  Section 122(g)(1) of Public Law 105-119 (5 U.S.C. 3104
    note), is further amended by striking ``11 years'' and inserting ``12
    years''.
        Sec. 114.  None of the funds appropriated or otherwise made
    available by this or any other Act may be used by the United States Mint
    to construct or operate any museum without the explicit approval of the
    Committees on Appropriations of the House of Representatives and the
    Senate, the House Committee on Financial Services, and the Senate
    Committee on Banking, Housing and Urban Affairs.
        Sec. 115.  None of the funds appropriated or otherwise made
    available by this or any other Act or source to the Department of the
    Treasury, the Bureau of Engraving and Printing, and the United States
    Mint, individually or collectively, may be used to consolidate any or
    all functions of the Bureau of Engraving and Printing and the United
    States Mint without the explicit approval of the House Committee on
    Financial Services; the Senate Committee on Banking, Housing, and Urban
    Affairs; the House Committee on Appropriations; and the Senate Committee
    on Appropriations.
        Sec. 116.  Funds appropriated by this Act, or made available by the
    transfer of funds in this Act, for the Department of the Treasury's
    intelligence or intelligence related activities are deemed to be
    specifically authorized by the Congress for purposes of section 504 of
    the National Security Act of 1947 (50 U.S.C. 414) during

    [[Page 123 STAT. 3167]]

    fiscal year 2010 until the enactment of the Intelligence Authorization
    Act for Fiscal Year 2010.
        Sec. 117.  Not to exceed $5,000 shall be made available from the
    Bureau of Engraving and Printing's Industrial Revolving Fund for
    necessary official reception and representation expenses.
         This title may be cited as the ``Department of the Treasury
    Appropriations Act, 2010''.

     TITLE II <<NOTE: Executive Office of the President Appropriations Act,
    2010.>>

        EXECUTIVE OFFICE OF THE PRESIDENT AND FUNDS APPROPRIATED TO THE
                                    PRESIDENT

                          Compensation of the President

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

                                 The White House

                              salaries and expenses

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

                     Executive Residence at the White House

                               operating expenses

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

                              reimbursable expenses

        For the reimbursable expenses of the Executive Residence at the
    White House, such sums as may be necessary: Provided, That all
    reimbursable operating expenses of the Executive Residence shall be made
    in accordance with the provisions of this paragraph: Provided further,
    That, notwithstanding any other provision of law,

    [[Page 123 STAT. 3168]]

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

                       White House Repair and Restoration

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

                          Council of Economic Advisers

                              salaries and expenses

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

    [[Page 123 STAT. 3169]]

                            National Security Council

                              salaries and expenses

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

                            Office of Administration

                              salaries and expenses

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

                         Office of Management and Budget

                              salaries and expenses

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

    [[Page 123 STAT. 3170]]

                     Office of National Drug Control Policy

                              salaries and expenses

        For necessary expenses of the Office of National Drug Control
    Policy; for research activities pursuant to the Office of National Drug
    Control Policy Reauthorization Act of 2006 (Public Law 109-469); not to
    exceed $10,000 for official reception and representation expenses; and
    for participation in joint projects or in the provision of services on
    matters of mutual interest with nonprofit, research, or public
    organizations or agencies, with or without reimbursement, $29,575,000;
    of which $1,300,000 shall remain available until expended for policy
    research and evaluation: <<NOTE: 21 USC 1702 note.>>  Provided, That the
    Office is authorized to accept, hold, administer, and utilize gifts,
    both real and personal, public and private, without fiscal year
    limitation, for the purpose of aiding or facilitating the work of the
    Office.

                    counterdrug technology assessment center

                          (including transfer of funds)

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

                          federal drug control programs

                  high intensity drug trafficking areas program

                         (including transfers of funds)

        For necessary <<NOTE: Deadline.>>  expenses of the Office of
    National Drug Control Policy's High Intensity Drug Trafficking Areas
    Program, $239,000,000, to remain available until September 30, 2011, for
    drug control activities consistent with the approved strategy for each
    of the designated High Intensity Drug Trafficking Areas (``HIDTAs''), of
    which not less than 51 percent shall be transferred to State and local
    entities for drug control activities and shall be obligated not later
    than 120 days after enactment of this Act: Provided, That up to 49
    percent may be transferred to Federal agencies and departments in
    amounts determined by the Director of the Office of National Drug
    Control Policy (``the Director''), of which up to $2,700,000 may be used
    for auditing services and associated activities (including up to
    $500,000 to ensure the continued operation and maintenance of the
    Performance Management

    [[Page 123 STAT. 3171]]

    System): Provided further, That, notwithstanding the requirements of
    Public Law 106-58, any unexpended funds obligated prior to fiscal year
    2008 may be used for any other approved activities of that High
    Intensity Drug Trafficking Area, subject to reprogramming
    requirements: <<NOTE: Funding justification.>>  Provided further, That
    each High Intensity Drug Trafficking Area designated as of September 30,
    2009, shall be funded at not less than the fiscal year 2009 base level,
    unless the Director submits to the Committees on Appropriations of the
    House of Representatives and the Senate justification for changes to
    those levels based on clearly articulated priorities and published
    Office of National Drug Control Policy performance measures of
    effectiveness: Provided further,
    That <<NOTE: Notifications. Deadlines.>>  the Director shall notify the
    Committees on Appropriations of the initial allocation of fiscal year
    2010 funding among HIDTAs not later than 45 days after enactment of this
    Act, and shall notify the Committees of planned uses of discretionary
    HIDTA funding, as determined in consultation with the HIDTA Directors,
    not later than 90 days after enactment of this Act.

                       other federal drug control programs

                         (including transfers of funds)

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

                               Unanticipated Needs

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

                Partnership Fund for Program Integrity Innovation

                          (including transfer of funds)

        For the Partnership Fund for Program Integrity Innovation,
    $37,500,000, to remain available until September 30, 2012, which may be
    used for grants, contracts, cooperative agreements, and administrative
    costs of carrying out Partnership Fund for Program Integrity Innovation
    pilot projects: Provided, That these funds shall be transferred by the
    Director of the Office of Management and Budget to appropriate agencies
    to carry out pilot projects and to

    [[Page 123 STAT. 3172]]

    conduct or provide for evaluation of such projects: Provided further,
    That such transfers shall be contingent upon the Director of the Office
    of Management and Budget determining, in consultation with an
    interagency council consisting of representatives of appropriate Federal
    agencies, States, and other stakeholders, that the pilot projects
    address Federal programs that have a substantial State role in
    eligibility determination or administration or where Federal-State
    cooperation could otherwise be beneficial; in aggregate, save at least
    as much money as they cost; demonstrate the potential to streamline
    administration or strengthen program integrity; and do not achieve
    savings primarily by reducing the participation of eligible
    beneficiaries: <<NOTE: Reports. Deadlines.>>  Provided further, That the
    interagency council required by the previous proviso shall submit a
    progress report to the Committees on Appropriations of the House of
    Representatives and the Senate not later than March 31, 2010 and
    semiannually thereafter until the program is completed, including
    detailed information on goals, objectives, performance measures, and
    evaluations of the program in general and of each specific pilot
    undertaken.

                       Special Assistance to the President

                              salaries and expenses

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

                    Official Residence of the Vice President

                               operating expenses

                          (including transfer of funds)

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

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

                         (including transfers of funds)

        Sec. 201.  From <<NOTE: Notification.>>  funds made available in
    this Act under the headings ``The White House'', ``Executive Residence
    at the White House'', ``White House Repair and Restoration'', ``Council
    of Economic Advisers'', ``National Security Council'', ``Office of
    Administration'', ``Special Assistance to the President'', and
    ``Official Residence of the Vice President'', the Director of the Office
    of Management

    [[Page 123 STAT. 3173]]

    and Budget (or such other officer as the President may designate in
    writing), may, 15 days after giving notice to the Committees on
    Appropriations of the House of Representatives and the Senate, transfer
    not to exceed 10 percent of any such appropriation to any other such
    appropriation, to be merged with and available for the same time and for
    the same purposes as the appropriation to which transferred: Provided,
    That the amount of an appropriation shall not be increased by more than
    50 percent by such transfers: Provided further, That no amount shall be
    transferred from ``Special Assistance to the President'' or ``Official
    Residence of the Vice President'' without the approval of the Vice
    President.

        Sec. 202.  The <<NOTE: Deadline. Financial plan.>>  Director of the
    Office of National Drug Control Policy shall submit to the Committees on
    Appropriations of the House of Representatives and the Senate not later
    than 60 days after the date of enactment of this Act, and prior to the
    initial obligation of more than 20 percent of the funds appropriated in
    any account (except ``Counterdrug Technology Assessment Center'') under
    the heading ``Office of National Drug Control Policy'', a detailed
    narrative and financial plan on the proposed uses of all funds under the
    account by program, project, and
    activity: <<NOTE: Reports. Deadlines.>>  Provided, That the reports
    required by this section shall be updated and submitted to the
    Committees on Appropriations every 6 months and shall include
    information detailing how the estimates and assumptions contained in
    previous reports have changed: Provided further, That any new projects
    and changes in funding of ongoing projects shall be subject to the prior
    approval of the Committees on Appropriations.

        Sec. 203.  Not to exceed 2 percent of any appropriations in this Act
    made available to the Office of National Drug Control Policy may be
    transferred between appropriated programs upon the advance approval of
    the Committees on Appropriations: Provided, That no transfer may
    increase or decrease any such appropriation by more than 3 percent.
        Sec. 204.  Not to exceed $1,000,000 of any appropriations in this
    Act made available to the Office of National Drug Control Policy may be
    reprogrammed within a program, project, or activity upon the advance
    approval of the Committees on Appropriations.
         This title may be cited as the ``Executive Office of the President
    Appropriations Act, 2010''.

    TITLE III <<NOTE: Judiciary Appropriations Act, 2010.>>

                                  THE JUDICIARY

                       Supreme Court of the United States

                              salaries and expenses

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

    [[Page 123 STAT. 3174]]

                        care of the building and grounds

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

             United States Court of Appeals for the Federal Circuit

                              salaries and expenses

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

                   United States Court of International Trade

                              salaries and expenses

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

         Courts of Appeals, District Courts, and Other Judicial Services

                              salaries and expenses

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

                                defender services

        For the operation of Federal Defender organizations; the
    compensation and reimbursement of expenses of attorneys appointed to
    represent persons under 18 U.S.C. 3006A, and also under 18 U.S.C. 3599,
    in cases in which a defendant is charged with a crime that may be
    punishable by death; the compensation and reimbursement of expenses of
    persons furnishing investigative, expert, and other services under 18
    U.S.C. 3006A(e), and also under 18 U.S.C. 3599(f) and (g)(2), in cases
    in which a defendant is charged with a crime that may be punishable by
    death; the compensation (in accordance with the maximums under 18 U.S.C.
    3006A) and reimbursement of expenses of attorneys appointed to

    [[Page 123 STAT. 3175]]

    assist the court in criminal cases where the defendant has waived
    representation by counsel; the compensation and reimbursement of travel
    expenses of guardians ad litem acting on behalf of financially eligible
    minor or incompetent offenders in connection with transfers from the
    United States to foreign countries with which the United States has a
    treaty for the execution of penal sentences; the compensation and
    reimbursement of expenses of attorneys appointed to represent jurors in
    civil actions for the protection of their employment, as authorized by
    28 U.S.C. 1875(d); the compensation and reimbursement of expenses of
    attorneys appointed under 18 U.S.C. 983(b)(1) in connection with certain
    judicial civil forfeiture proceedings; and for necessary training and
    general administrative expenses, $977,748,000, to remain available until
    expended.

                        fees of jurors and commissioners

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

                                 court security

                         (including transfers of funds)

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

                Administrative Office of the United States Courts

                              salaries and expenses

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

    [[Page 123 STAT. 3176]]

    exceed $8,500 is authorized for official reception and representation
    expenses.

                             Federal Judicial Center

                              salaries and expenses

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

                            Judicial Retirement Funds

                        payment to judiciary trust funds

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

                       United States Sentencing Commission

                              salaries and expenses

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

                    Administrative Provisions--The Judiciary

                          (including transfer of funds)

        Sec. 301.  Appropriations and authorizations made in this title
    which are available for salaries and expenses shall be available for
    services as authorized by 5 U.S.C. 3109.
        Sec. 302.  Not to exceed 5 percent of any appropriation made
    available for the current fiscal year for the Judiciary in this Act may
    be transferred between such appropriations, but no such appropriation,
    except ``Courts of Appeals, District Courts, and Other Judicial
    Services, Defender Services'' and ``Courts of Appeals, District Courts,
    and Other Judicial Services, Fees of Jurors and Commissioners'', shall
    be increased by more than 10 percent by any such transfers: Provided,
    That any transfer pursuant to this section shall be treated as a
    reprogramming of funds under sections 604 and 608 of this Act and shall
    not be available for obligation or expenditure except in compliance with
    the procedures set forth in section 608.
        Sec. 303.  Notwithstanding any other provision of law, the salaries
    and expenses appropriation for ``Courts of Appeals, District Courts, and
    Other Judicial Services'' shall be available for official reception and
    representation expenses of the Judicial Conference of the United States:
    Provided, That such available funds shall

    [[Page 123 STAT. 3177]]

    not exceed $11,000 and shall be administered by the Director of the
    Administrative Office of the United States Courts in the capacity as
    Secretary of the Judicial Conference.
        Sec. 304.  Within <<NOTE: Deadline. Financial plan.>>  90 days after
    the date of the enactment of this Act, the Administrative Office of the
    U.S. Courts shall submit to the Committees on Appropriations a
    comprehensive financial plan for the Judiciary allocating all sources of
    available funds including appropriations, fee collections, and carryover
    balances, to include a separate and detailed plan for the Judiciary
    Information Technology Fund, which will establish the baseline for
    application of reprogramming and transfer authorities for the current
    fiscal year.

        Sec. 305.  Section <<NOTE: Applicability.>>  3314(a) of title 40,
    United States Code, shall be applied by substituting ``Federal'' for
    ``executive'' each place it appears.

        Sec. 306.  In accordance with 28 U.S.C. 561-569, and notwithstanding
    any other provision of law, the United States Marshals Service shall
    provide, for such courthouses as its Director may designate in
    consultation with the Director of the Administrative Office of the
    United States Courts, for purposes of a pilot program, the security
    services that 40 U.S.C. 1315 authorizes the Department of Homeland
    Security to provide, except for the services specified in 40 U.S.C.
    1315(b)(2)(E). <<NOTE: Reimbursements.>>  For building-specific security
    services at these courthouses, the Director of the Administrative Office
    of the United States Courts shall reimburse the United States Marshals
    Service rather than the Department of Homeland Security.

        Sec. 307.  Section 203(c) of the Judicial Improvements Act of 1990
    (Public Law 101-650; 28 U.S.C. 133 note), is amended--
                (1) in the third sentence (relating to the District of
            Kansas), by striking ``18 years'' and inserting ``19 years'';
                (2) in the sixth sentence (relating to the Northern District
            of Ohio), by striking ``18 years'' and inserting ``19 years'';
            and
                (3) in the seventh sentence (relating to the District of
            Hawaii), by striking ``15 years'' and inserting ``16 years''.

        This title may be cited as the ``Judiciary Appropriations Act,
    2010''.

    TITLE IV <<NOTE: District of Columbia Appropriations Act of 2010.>>

                              DISTRICT OF COLUMBIA

                                  Federal Funds

                  federal payment for resident tuition support

        For a Federal payment to the District of Columbia, to be deposited
    into a dedicated account, for a nationwide program to be administered by
    the Mayor, for District of Columbia resident tuition support,
    $35,100,000, to remain available until expended: Provided, That such
    funds, including any interest accrued thereon, may be used on behalf of
    eligible District of Columbia residents to pay an amount based upon the
    difference between in-State and out-of-State tuition at public
    institutions of higher education, or to pay up to $2,500 each year at
    eligible private institutions of higher education: Provided further,
    That the awarding of such funds may be prioritized on the basis of a
    resident's academic merit, the income and need of eligible students and
    such other factors

    [[Page 123 STAT. 3178]]

    as may be authorized: <<NOTE: Accounts.>>  Provided further, That the
    District of Columbia government shall maintain a dedicated account for
    the Resident Tuition Support Program that shall consist of the Federal
    funds appropriated to the Program in this Act and any subsequent
    appropriations, any unobligated balances from prior fiscal years, and
    any interest earned in this or any fiscal year: Provided further, That
    the account shall be under the control of the District of Columbia Chief
    Financial Officer, who shall use those funds solely for the purposes of
    carrying out the Resident Tuition Support Program: Provided further,
    That <<NOTE: Deadline. Reports.>>  the Office of the Chief Financial
    Officer shall provide a quarterly financial report to the Committees on
    Appropriations of the House of Representatives and the Senate for these
    funds showing, by object class, the expenditures made and the purpose
    therefor.

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

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

               federal payment to the district of columbia courts

        For salaries and expenses for the District of Columbia Courts,
    $261,180,000 to be allocated as follows: for the District of Columbia
    Court of Appeals, $12,022,000, of which not to exceed $2,500 is for
    official reception and representation expenses; for the District of
    Columbia Superior Court, $108,524,000, of which not to exceed $2,500 is
    for official reception and representation expenses; for the District of
    Columbia Court System, $65,114,000, of which not to exceed $2,500 is for
    official reception and representation expenses; and $75,520,000, to
    remain available until September 30, 2011, for capital improvements for
    District of Columbia courthouse facilities, including structural
    improvements to the District of Columbia cell block at the Moultrie
    Courthouse: Provided, That funds made available for capital improvements
    shall be expended consistent with the General Services Administration
    (GSA) master plan study and building evaluation
    report: <<NOTE: Contracts. Deadlines. Reports.>>  Provided further, That
    notwithstanding any other provision of law, all amounts under this
    heading shall be apportioned quarterly by the Office of Management and
    Budget and obligated and expended in the same manner as funds
    appropriated for salaries and expenses of other Federal agencies, with
    payroll and financial services to be provided on a contractual basis
    with the GSA, and such services shall include the preparation of monthly
    financial reports, copies of which shall be submitted directly by GSA to
    the President and to the Committees on Appropriations of the House of
    Representatives and the

    [[Page 123 STAT. 3179]]

    Senate, the Committee on Oversight and Government Reform of the House of
    Representatives, and the Committee on Homeland Security and Governmental
    Affairs of the Senate: <<NOTE: Deadline. Notification.>>  Provided
    further, That 30 days after providing written notice to the Committees
    on Appropriations of the House of Representatives and the Senate, the
    District of Columbia Courts may reallocate not more than $1,000,000 of
    the funds provided under this heading among the items and entities
    funded under this heading for operations, and not more than 4 percent of
    the funds provided under this heading for facilities.

      federal payment for defender services in district of columbia courts

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

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

        For salaries and expenses, including the transfer and hire of motor
    vehicles, of the Court Services and Offender Supervision Agency for the
    District of Columbia, as authorized by the National Capital
    Revitalization and Self-Government Improvement Act of 1997,
    $212,408,000, of which not to exceed $2,000 is for official reception
    and representation expenses related to Community Supervision and
    Pretrial Services Agency programs; of which not to exceed $25,000 is for
    dues and assessments relating to the implementation of the Court
    Services and Offender Supervision Agency Interstate Supervision Act of
    2002; of which $153,856,000 shall be for necessary expenses of Community
    Supervision and

    [[Page 123 STAT. 3180]]

    Sex Offender Registration, to include expenses relating to the
    supervision of adults subject to protection orders or the provision of
    services for or related to such persons; of which $58,552,000 shall be
    available to the Pretrial Services Agency: <<NOTE: Deadline.>>
    Provided, That notwithstanding any other provision of law, all amounts
    under this heading shall be apportioned quarterly by the Office of
    Management and Budget and obligated and expended in the same manner as
    funds appropriated for salaries and expenses of other Federal agencies:
    Provided further, That not less than $2,000,000 shall be available for
    re-entrant housing in the District of Columbia: Provided further, That
    the Director is authorized to accept and use gifts in the form of in-
    kind contributions of space and hospitality to support offender and
    defendant programs, and equipment and vocational training services to
    educate and train offenders and defendants: Provided further,
    That <<NOTE: Records. Public information.>>  the Director shall keep
    accurate and detailed records of the acceptance and use of any gift or
    donation under the previous proviso, and shall make such records
    available for audit and public inspection: Provided further, That the
    Court Services and Offender Supervision Agency Director is authorized to
    accept and use reimbursement from the District of Columbia Government
    for space and services provided on a cost reimbursable basis.

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

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

      federal payment to the district of columbia water and sewer authority

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

          federal payment to the criminal justice coordinating council

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

                    federal payment for judicial commissions

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

    [[Page 123 STAT. 3181]]

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

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

                     federal payment for school improvement

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

    [[Page 123 STAT. 3182]]

    as those administered to students enrolled in the District of Columbia
    Public Schools in the 2009-2010 school year and the Secretary shall
    utilize the performance of scholarship recipients on that test as well
    as other metrics of academic quality considered appropriate by the
    Secretary to evaluate the academic rigor and quality of participating
    schools and include in this report comparative data on District of
    Columbia Public Schools and Public Charter Schools: Provided further,
    That <<NOTE: Inspections. Deadline.>>  the Secretary of Education shall
    ensure that site inspections of participating schools are conducted at
    least twice annually.

              federal payment for consolidated laboratory facility

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

           federal payment for the district of columbia national guard

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

                  federal payment for housing for the homeless

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

                       federal payment for youth services

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

                           District of Columbia Funds

        The following amounts are appropriated for the District of Columbia
    for the current fiscal year out of the General Fund of the District of
    Columbia (``General Fund''), except as otherwise specifically provided:
    Provided, That notwithstanding any other provision of law, except as
    provided in section 450A of the District of Columbia Home Rule Act, (114
    Stat. 2440; D.C. Official Code, section 1-204.50a) and provisions of the
    Fiscal Year 2010 Budget Request Act, the total amount appropriated in
    this Act for operating expenses for the District of Columbia for fiscal
    year 2010 under this heading shall not exceed the lesser of the sum of
    the total revenues of the District of Columbia for such fiscal year or
    $10,016,041,000 (of which $5,637,824,000 shall be from local funds,
    (including $394,417,000 from dedicated taxes) $2,661,782,000 shall be
    from Federal grant funds, $1,711,249,000 shall be from other funds, and
    $5,187,000 shall be from private funds); in addition, $185,725,000 from
    funds previously appropriated in this Act as

    [[Page 123 STAT. 3183]]

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

                                     TITLE V

                              INDEPENDENT AGENCIES

                 Administrative Conference of the United States

                              salaries and expenses

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

                   Christopher Columbus Fellowship Foundation

                              salaries and expenses

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

    [[Page 123 STAT. 3184]]

                       Consumer Product Safety Commission

                              salaries and expenses

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

                         Election Assistance Commission

                              salaries and expenses

                          (including transfer of funds)

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

                            election reform programs

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

                        Federal Communications Commission

                              salaries and expenses

        For necessary expenses of the Federal Communications Commission, as
    authorized by law, including uniforms and allowances therefor, as
    authorized by 5 U.S.C. 5901-5902; not to exceed $4,000 for official
    reception and representation expenses; purchase and hire of motor
    vehicles; special counsel fees; and services as authorized by 5 U.S.C.
    3109, $335,794,000: Provided, That $335,794,000 of offsetting
    collections shall be assessed and collected pursuant to section 9 of
    title I of the Communications Act of 1934, shall be retained and used
    for necessary expenses in this

    [[Page 123 STAT. 3185]]

    appropriation, and shall remain available until expended: Provided
    further, That the sum herein appropriated shall be reduced as such
    offsetting collections are received during fiscal year 2010 so as to
    result in a final fiscal year 2010 appropriation estimated at $0:
    Provided further, That any offsetting collections received in excess of
    $335,794,000 in fiscal year 2010 shall not be available for obligation:
    Provided further, That remaining offsetting collections from prior years
    collected in excess of the amount specified for collection in each such
    year and otherwise becoming available on October 1, 2009, shall not be
    available for obligation: Provided further, That notwithstanding 47
    U.S.C. 309(j)(8)(B), proceeds from the use of a competitive bidding
    system that may be retained and made available for obligation shall not
    exceed $85,000,000 for fiscal year 2010: <<NOTE: Examination.>>
    Provided further, That the Inspector General of the Federal
    Communications Commission shall examine whether, and to what extent, the
    National Exchange Carrier Association, Inc. is acting in compliance with
    the Communications Act of 1934, as amended, and the regulations
    promulgated thereunder, and whether, and to what extent, the FCC has
    delegated authority to National Exchange Carrier Association, Inc.
    consistent with the Communications Act of 1934, as
    amended: <<NOTE: Reports. Deadline.>>  Provided further, That the
    Federal Communications Commission Inspector General shall submit a
    report to Congress not later than July 1, 2010, setting forth the
    conclusions of such examination.

          administrative provisions--federal communications commission

        Sec. 501.  Section 302 of the Universal Service Antideficiency
    Temporary Suspension Act <<NOTE: 118 Stat. 3998.>>  is amended by
    striking ``December 31, 2009'', each place it appears and inserting
    ``December 31, 2010''.

        Sec. 502.  None of the funds appropriated by this Act may be used by
    the Federal Communications Commission to modify, amend, or change its
    rules or regulations for universal service support payments to implement
    the February 27, 2004 recommendations of the Federal-State Joint Board
    on Universal Service regarding single connection or primary line
    restrictions on universal service support payments.

                      Federal Deposit Insurance Corporation

                         office of the inspector general

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

                           Federal Election Commission

                              salaries and expenses

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

    [[Page 123 STAT. 3186]]

                        Federal Labor Relations Authority

                              salaries and expenses

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

                            Federal Trade Commission

                              salaries and expenses

        For necessary expenses of the Federal Trade Commission, including
    uniforms or allowances therefor, as authorized by 5 U.S.C. 5901-5902;
    services as authorized by 5 U.S.C. 3109; hire of passenger motor
    vehicles; and not to exceed $2,000 for official reception and
    representation expenses, $291,700,000, to remain available until
    expended: Provided, That not to exceed $300,000 shall be available for
    use to contract with a person or persons for collection services in
    accordance with the terms of 31 U.S.C. 3718: Provided further, That,
    notwithstanding any other provision of law, not to exceed $102,000,000
    of offsetting collections derived from fees collected for premerger
    notification filings under the Hart-Scott-Rodino Antitrust Improvements
    Act of 1976 (15 U.S.C. 18a), regardless of the year of collection, shall
    be retained and used for necessary expenses in this appropriation:
    Provided further, That, notwithstanding any other provision of law, not
    to exceed $21,000,000 in offsetting collections derived from fees
    sufficient to implement and enforce the Telemarketing Sales Rule,
    promulgated under the Telemarketing and Consumer Fraud and Abuse
    Prevention Act (15 U.S.C. 6101 et seq.), shall be credited to this
    account, and be retained and used for necessary expenses in this
    appropriation: Provided further, That the sum herein appropriated from
    the general fund shall be reduced as such offsetting collections are
    received during fiscal year 2010, so as to result in a final fiscal year
    2010 appropriation from the general fund estimated at not more than
    $168,700,000: Provided further, That none of the funds made available to
    the Federal Trade Commission may be used to implement subsection
    (e)(2)(B) of section 43 of the Federal Deposit Insurance Act (12 U.S.C.
    1831t).

    [[Page 123 STAT. 3187]]

                         General Services Administration

                            real property activities

                             federal buildings fund

                     limitations on availability of revenue

        For an additional amount to be deposited in the Federal Buildings
    Fund, $537,900,000. Amounts in the Fund, including revenues and
    collections deposited into the Fund shall be available for necessary
    expenses of real property management and related activities not
    otherwise provided for, including operation, maintenance, and protection
    of federally owned and leased buildings; rental of buildings in the
    District of Columbia; restoration of leased premises; moving
    governmental agencies (including space adjustments and
    telecommunications relocation expenses) in connection with the
    assignment, allocation and transfer of space; contractual services
    incident to cleaning or servicing buildings, and moving; repair and
    alteration of federally owned buildings including grounds, approaches
    and appurtenances; care and safeguarding of sites; maintenance,
    preservation, demolition, and equipment; acquisition of buildings and
    sites by purchase, condemnation, or as otherwise authorized by law;
    acquisition of options to purchase buildings and sites; conversion and
    extension of federally owned buildings; preliminary planning and design
    of projects by contract or otherwise; construction of new buildings
    (including equipment for such buildings); and payment of principal,
    interest, and any other obligations for public buildings acquired by
    installment purchase and purchase contract; in the aggregate amount of
    $8,543,585,000, of which: (1) $894,037,000 shall remain available until
    expended for construction and acquisition (including funds for sites and
    expenses and associated design and construction services) of additional
    projects at the following locations:
        New Construction:
                Alabama:
                        Mobile, United States Courthouse, $50,000,000.
                California:
                        Calexico, Calexico West, Land Port of Entry,
                    $9,437,000.
                Colorado:
                        Lakewood, Denver Federal Center Remediation,
                    $9,962,000.
                District of Columbia:
                        Columbia Plaza, $100,000,000.
                        Southeast Federal Center Remediation, $15,000,000.
                Florida:
                        Miami, Federal Bureau of Investigation Field Office
                    Consolidation, $190,675,000.
                Georgia:
                        Savannah, United States Courthouse, $7,900,000.
                Maine:
                        Madawaska, Land Port of Entry, $50,127,000.
                Maryland:
                        White Oak, Food and Drug Administration
                    Consolidation, $137,871,000.
                        Greenbelt, United States Courthouse, $10,000,000.

    [[Page 123 STAT. 3188]]

                Pennsylvania:
                        Lancaster, United States Courthouse, $6,500,000.
                Texas:
                        El Paso, Tornillo-Guadalupe, Land Port of Entry,
                    $91,565,000.
                        San Antonio, United States Courthouse, $4,000,000.
                Utah:
                        Salt Lake City, United States Courthouse,
                    $211,000,000:

    Provided, That each of the foregoing limits of costs on new construction
    projects may be exceeded to the extent that savings are effected in
    other such projects, but not to exceed 10 percent of the amounts
    included in an approved prospectus, if required, unless advance approval
    is obtained from the Committees on Appropriations of a greater
    amount: <<NOTE: Expiration date.>>  Provided further, That all funds for
    direct construction projects shall expire on September 30, 2011 and
    remain in the Federal Buildings Fund except for funds for projects as to
    which funds for design or other funds have been obligated in whole or in
    part prior to such date: <<NOTE: Project plan. 40 USC 301 note.>>
    Provided further, That for fiscal year 2011 and thereafter, the annual
    budget submission to Congress for the General Services Administration
    shall include a detailed 5-year plan for Federal building construction
    projects with a yearly update of total projected future funding
    needs: <<NOTE: Project plan.>>  Provided further, That for fiscal year
    2011 and thereafter, the annual budget submission to Congress for the
    General Services Administration shall, in consultation with U.S. Customs
    and Border Protection, include a detailed 5-year plan for Federal land
    port-of-entry projects with a yearly update of total projected future
    funding needs; (2) $413,776,000 shall remain available until expended
    for repairs and alterations, which includes associated design and
    construction services:

        Repairs and Alterations:
                District of Columbia:
                        East Wing Infrastructure Systems Replacement,
                    $84,500,000.
                        Eisenhower Executive Office Building Roof
                    Replacement, $15,000,000.
                        New Executive Office Building, $30,276,000.
                Special Emphasis Programs:
                        Fire and Life Safety Program, $20,000,000.
                        Energy and Water Retrofit and Conservation Measures,
                    $2,000,000.
                        Federal High-Performance Green Buildings,
                    $2,000,000.
                Basic Repairs and Alterations, $260,000,000:

    Provided further, That <<NOTE: Advanced approval.>>  funds made
    available in this or any previous Act in the Federal Buildings Fund for
    Repairs and Alterations shall, for prospectus projects, be limited to
    the amount identified for each project, except each project in this or
    any previous Act may be increased by an amount not to exceed 10 percent
    unless advance approval is obtained from the Committees on
    Appropriations of a greater amount: <<NOTE: Advanced approval.>>
    Provided further, That additional projects for which prospectuses have
    been fully approved may be funded under this category only if advance
    approval is obtained from the Committees on Appropriations: Provided
    further, That the amounts provided in this or any prior Act for
    ``Repairs and Alterations'' may be used to fund costs associated with
    implementing security

    [[Page 123 STAT. 3189]]

    improvements to buildings necessary to meet the minimum standards for
    security in accordance with current law and in compliance with the
    reprogramming guidelines of the appropriate Committees of the House and
    Senate: Provided further, That the difference between the funds
    appropriated and expended on any projects in this or any prior Act,
    under the heading ``Repairs and Alterations'', may be transferred to
    Basic Repairs and Alterations or used to fund authorized increases in
    prospectus projects: <<NOTE: Expiration date.>>  Provided further, That
    all funds for repairs and alterations prospectus projects shall expire
    on September 30, 2011 and remain in the Federal Buildings Fund except
    funds for projects as to which funds for design or other funds have been
    obligated in whole or in part prior to such date: Provided further, That
    the amount provided in this or any prior Act for Basic Repairs and
    Alterations may be used to pay claims against the Government arising
    from any projects under the heading ``Repairs and Alterations'' or used
    to fund authorized increases in prospectus projects; (3) $140,525,000
    for installment acquisition payments including payments on purchase
    contracts which shall remain available until expended; (4)
    $4,804,871,000 for rental of space which shall remain available until
    expended; and (5) $2,290,376,000 for building operations which shall
    remain available until expended: Provided further, That funds available
    to the General Services Administration shall not be available for
    expenses of any construction, repair, alteration and acquisition project
    for which a prospectus, if required by the Public Buildings Act of 1959,
    has not been approved, except that necessary funds may be expended for
    each project for required expenses for the development of a proposed
    prospectus: Provided further, That funds available in the Federal
    Buildings Fund may be expended for emergency repairs when advance
    approval is obtained from the Committees on Appropriations: Provided
    further, That amounts necessary to provide reimbursable special services
    to other agencies under 40 U.S.C. 592(b)(2) and amounts to provide such
    reimbursable fencing, lighting, guard booths, and other facilities on
    private or other property not in Government ownership or control as may
    be appropriate to enable the United States Secret Service to perform its
    protective functions pursuant to 18 U.S.C. 3056, shall be available from
    such revenues and collections: Provided further, That revenues and
    collections and any other sums accruing to this Fund during fiscal year
    2010, excluding reimbursements under 40 U.S.C. 592(b)(2) in excess of
    the aggregate new obligational authority authorized for Real Property
    Activities of the Federal Buildings Fund in this Act shall remain in the
    Fund and shall not be available for expenditure except as authorized in
    appropriations Acts.

                               general activities

                             government-wide policy

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

    [[Page 123 STAT. 3190]]

                               operating expenses

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

                           office of inspector general

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

                           electronic government fund

                          (including transfer of funds)

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

                allowances and office staff for former presidents

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

                          federal citizen services fund

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

    [[Page 123 STAT. 3191]]

    remain in the Fund and shall not be available for expenditure except as
    authorized in appropriations Acts.

           administrative provisions--general services administration

                         (including transfers of funds)

        Sec. 510.  Funds available to the General Services Administration
    shall be available for the hire of passenger motor vehicles.
        Sec. 511.  Funds in the Federal Buildings Fund made available for
    fiscal year 2010 for Federal Buildings Fund activities may be
    transferred between such activities only to the extent necessary to meet
    program requirements: <<NOTE: Advanced approval.>>  Provided, That any
    proposed transfers shall be approved in advance by the Committees on
    Appropriations of the House of Representatives and the Senate.

        Sec. 512.  Except as otherwise provided in this title, funds made
    available by this Act shall be used to transmit a fiscal year 2011
    request for United States Courthouse construction only if the request:
    (1) meets the design guide standards for construction as established and
    approved by the General Services Administration, the Judicial Conference
    of the United States, and the Office of Management and Budget; (2)
    reflects the priorities of the Judicial Conference of the United States
    as set out in its approved 5-year construction plan; and (3) includes a
    standardized courtroom utilization study of each facility to be
    constructed, replaced, or expanded.
        Sec. 513.  None of the funds provided in this Act may be used to
    increase the amount of occupiable square feet, provide cleaning
    services, security enhancements, or any other service usually provided
    through the Federal Buildings Fund, to any agency that does not pay the
    rate per square foot assessment for space and services as determined by
    the General Services Administration in compliance with the Public
    Buildings Amendments Act of 1972 (Public Law 92-313).
        Sec. 514.  From funds made available under the heading ``Federal
    Buildings Fund, Limitations on Availability of Revenue'', claims against
    the Government of less than $250,000 arising from direct construction
    projects and acquisition of buildings may be liquidated from savings
    effected in other construction projects with prior notification to the
    Committees on Appropriations of the House of Representatives and the
    Senate.
        Sec. 515.  In <<NOTE: Contracts. Explanatory statement.>>  any case
    in which the Committee on Transportation and Infrastructure of the House
    of Representatives and the Committee on Environment and Public Works of
    the Senate adopt a resolution granting lease authority pursuant to a
    prospectus transmitted to Congress by the Administrator of the General
    Services Administration under 40 U.S.C. 3307, the Administrator shall
    ensure that the delineated area of procurement is identical to the
    delineated area included in the prospectus for all lease agreements,
    except that, if the Administrator determines that the delineated area of
    the procurement should not be identical to the delineated area included
    in the prospectus, the Administrator shall provide an explanatory
    statement to each of such committees and the Committees on
    Appropriations of the House of Representatives and the Senate prior to
    exercising any lease authority provided in the resolution.

    [[Page 123 STAT. 3192]]

        Sec. 516.  In furtherance of the emergency management policy set
    forth in the Robert T. Stafford Disaster Relief and Emergency Assistance
    Act, the Administrator of the General Services Administration may
    provide for the use of the Federal supply schedules of the General
    Services Administration by relief and disaster assistance organizations
    as described in section 309 of that Act. Purchases under this authority
    shall be limited to use in preparation for, response to, and recovery
    from hazards as defined in section 602 of that Act.

                      Harry S Truman Scholarship Foundation

                              salaries and expenses

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

                         Merit Systems Protection Board

                              salaries and expenses

                          (including transfer of funds)

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

                 Morris K. Udall and Stewart L. Udall Foundation

                 morris k. udall and stewart l. udall trust fund

                          (including transfer of funds)

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

                      environmental dispute resolution fund

        For payment to the Environmental Dispute Resolution Fund to carry
    out activities authorized in the Environmental Policy and

    [[Page 123 STAT. 3193]]

    Conflict Resolution Act of 1998, $3,800,000, to remain available until
    expended.

                  National Archives and Records Administration

                               operating expenses

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

                           office of inspector general

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

                           electronic records archives

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

                             repairs and restoration

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

    [[Page 123 STAT. 3194]]

             national historical publications and records commission

                                 grants program

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

                      National Credit Union Administration

                           central liquidity facility

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

                    community development revolving loan fund

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

                           Office of Government Ethics

                              salaries and expenses

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

                         Office of Personnel Management

                              salaries and expenses

                       (including transfer of trust funds)

        For necessary expenses to carry out functions of the Office of
    Personnel Management pursuant to Reorganization Plan Numbered 2 of 1978
    and the Civil Service Reform Act of 1978, including services as
    authorized by 5 U.S.C. 3109; medical examinations performed for veterans
    by private physicians on a fee basis; rental of conference rooms in the
    District of Columbia and elsewhere; hire of passenger motor vehicles;
    not to exceed $2,500 for official reception and representation expenses;
    advances for reimbursements to applicable funds of the Office of
    Personnel Management and the Federal Bureau of Investigation for
    expenses incurred under Executive Order No. 10422 of January 9, 1953, as
    amended; and payment of per diem and/or subsistence allowances to
    employees where Voting Rights Act activities require an employee

    [[Page 123 STAT. 3195]]

    to remain overnight at his or her post of duty, $102,970,000, of which
    $5,908,000 shall remain available until September 30, 2011 for the
    Enterprise Human Resources Integration project; $1,364,000 shall remain
    available until September 30, 2011 for the Human Resources Line of
    Business project; and in addition $112,738,000 for administrative
    expenses, to be transferred from the appropriate trust funds of the
    Office of Personnel Management without regard to other statutes,
    including direct procurement of printed materials, for the retirement
    and insurance programs, of which not more than $9,300,000 shall remain
    available until September 30, 2011 for the cost of implementing the new
    integrated financial system and not more than $4,000,000 shall remain
    available until September 30, 2011 for automating the retirement
    recordkeeping systems: Provided, That the provisions of this
    appropriation shall not affect the authority to use applicable trust
    funds as provided by sections 8348(a)(1)(B), and 9004(f)(2)(A) of title
    5, United States Code: Provided further, That no part of this
    appropriation shall be available for salaries and expenses of the Legal
    Examining Unit of the Office of Personnel Management established
    pursuant to Executive Order No. 9358 of July 1, 1943, or any successor
    unit of like purpose: Provided further, That the President's Commission
    on White House Fellows, established by Executive Order No. 11183 of
    October 3, 1964, may, during fiscal year 2010, accept donations of
    money, property, and personal services: Provided further, That such
    donations, including those from prior years, may be used for the
    development of publicity materials to provide information about the
    White House Fellows, except that no such donations shall be accepted for
    travel or reimbursement of travel expenses, or for the salaries of
    employees of such Commission: Provided further, That within the funds
    provided, the Office of Personnel Management shall carry out the
    Intergovernmental Personnel Act Mobility Program, with special attention
    to Federal agencies employing more than 2,000 nurses: Provided further,
    That funding may be allocated to develop guidelines that provide Federal
    agencies direction in using their authority under the Intergovernmental
    Personnel Act Mobility Program, according to the directives outlined in
    the joint explanatory statement.

                           office of inspector general

                              salaries and expenses

                       (including transfer of trust funds)

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

    [[Page 123 STAT. 3196]]

          government payment for annuitants, employees health benefits

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

           government payment for annuitants, employee life insurance

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

             payment to civil service retirement and disability fund

        For financing the unfunded liability of new and increased annuity
    benefits becoming effective on or after October 20, 1969, as authorized
    by 5 U.S.C. 8348, and annuities under special Acts to be credited to the
    Civil Service Retirement and Disability Fund, such sums as may be
    necessary: <<NOTE: 33 USC 776.>>  Provided, That annuities authorized by
    the Act of May 29, 1944, and the Act of August 19, 1950 (33 U.S.C. 771-
    775), may hereafter be paid out of the Civil Service Retirement and
    Disability Fund.

                            Office of Special Counsel

                              salaries and expenses

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

                          Postal Regulatory Commission

                              salaries and expenses

                          (including transfer of funds)

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

                   Privacy and Civil Liberties Oversight Board

                              salaries and expenses

        For necessary expenses of the Privacy and Civil Liberties Oversight
    Board, as authorized by section 1061 of the Intelligence

    [[Page 123 STAT. 3197]]

    Reform and Terrorism Prevention Act of 2004 (5 U.S.C. 601 note),
    $1,500,000, to remain available until September 30, 2011.

                       Securities and Exchange Commission

                              salaries and expenses

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

                            Selective Service System

                              salaries and expenses

        For necessary expenses of the Selective Service System, including
    expenses of attendance at meetings and of training for uniformed
    personnel assigned to the Selective Service System, as authorized by 5
    U.S.C. 4101-4118 for civilian employees; purchase of uniforms, or
    allowances therefor, as authorized by 5 U.S.C. 5901-5902; hire of
    passenger motor vehicles; services as authorized by 5 U.S.C. 3109; and
    not to exceed $750 <<NOTE: President. Exemption authority.>>  for
    official reception and representation expenses; $24,275,000: Provided,
    That during the current fiscal year, the President may exempt this
    appropriation from the provisions of 31 U.S.C. 1341, whenever the
    President

    [[Page 123 STAT. 3198]]

    deems such action to be necessary in the interest of national defense:
    Provided further, That <<NOTE: Military induction.>>  none of the funds
    appropriated by this Act may be expended for or in connection with the
    induction of any person into the Armed Forces of the United States.

                          Small Business Administration

                              salaries and expenses

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

                           office of inspector general

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

                      surety bond guarantees revolving fund

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

    [[Page 123 STAT. 3199]]

                         business loans program account

                          (including transfer of funds)

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

                         disaster loans program account

                         (including transfers of funds)

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

    [[Page 123 STAT. 3200]]

            administrative provisions--small business administration

                          (including transfer of funds)

        Sec. 520.  Not to exceed 5 percent of any appropriation made
    available for the current fiscal year for the Small Business
    Administration in this Act may be transferred between such
    appropriations, but no such appropriation shall be increased by more
    than 10 percent by any such transfers: Provided, That any transfer
    pursuant to this paragraph shall be treated as a reprogramming of funds
    under section 608 of this Act and shall not be available for obligation
    or expenditure except in compliance with the procedures set forth in
    that section.
        Sec. 521.  All <<NOTE: Disaster assistance. Alaska. North Dakota.>>
    disaster loans issued in Alaska or North Dakota shall be administered by
    the Small Business Administration and shall not be sold during fiscal
    year 2010.

        Sec. 522.  Funds made available under section 525 of Public Law 111-
    8 for the Jackie Joyner-Kersee Center shall be made available to the
    Illinois Institute of Independent Colleges and Universities.
        Sec. 523.  For an additional amount under the heading ``Small
    Business Administration--Salaries and Expenses'', $59,000,000, to remain
    available until September 30, 2011, which shall be for initiatives
    related to small business development and entrepreneurship, including
    programmatic and construction activities, in the amounts and for the
    projects specified in the table that appears under the heading
    ``Administrative Provisions--Small Business Administration'' in the
    statement of managers to accompany this Act.

                          United States Postal Service

                       payment to the postal service fund

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

    [[Page 123 STAT. 3201]]

                           office of inspector general

                              salaries and expenses

                          (including transfer of funds)

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

                             United States Tax Court

                              salaries and expenses

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

                                    TITLE VI

                          GENERAL PROVISIONS--THIS ACT

        Sec. 601.  None of the funds in this Act shall be used for the
    planning or execution of any program to pay the expenses of, or
    otherwise compensate, non-Federal parties intervening in regulatory or
    adjudicatory proceedings funded in this Act.
        Sec. 602.  None of the funds appropriated in this Act shall remain
    available for obligation beyond the current fiscal year, nor may any be
    transferred to other appropriations, unless expressly so provided
    herein.
        Sec. 603.  The <<NOTE: Contracts.>>  expenditure of any
    appropriation under this Act for any consulting service through
    procurement contract pursuant to 5 U.S.C. 3109, shall be limited to
    those contracts where such expenditures are a matter of public record
    and available for public inspection, except where otherwise provided
    under existing law, or under existing Executive order issued pursuant to
    existing law.

        Sec. 604.  None of the funds made available in this Act may be
    transferred to any department, agency, or instrumentality of the United
    States Government, except pursuant to a transfer made by, or transfer
    authority provided in, this Act or any other appropriations Act.
        Sec. 605.  None of the funds made available by this Act shall be
    available for any activity or for paying the salary of any Government
    employee where funding an activity or paying a salary to a Government
    employee would result in a decision, determination, rule, regulation, or
    policy that would prohibit the enforcement of section 307 of the Tariff
    Act of 1930 (19 U.S.C. 1307).
        Sec. 606.  No funds appropriated pursuant to this Act may be
    expended by an entity unless the entity agrees that in expending the
    assistance the entity will comply with the Buy American Act (41 U.S.C.
    10a-10c).
        Sec. 607.  No funds appropriated or otherwise made available under
    this Act shall be made available to any person or entity

    [[Page 123 STAT. 3202]]

    that has been convicted of violating the Buy American Act (41 U.S.C.
    10a-10c).
        Sec. 608.  Except as otherwise provided in this Act, none of the
    funds provided in this Act, provided by previous appropriations Acts to
    the agencies or entities funded in this Act that remain available for
    obligation or expenditure in fiscal year 2010, or provided from any
    accounts in the Treasury derived by the collection of fees and available
    to the agencies funded by this Act, shall be available for obligation or
    expenditure through a reprogramming of funds that: (1) creates a new
    program; (2) eliminates a program, project, or activity; (3) increases
    funds or personnel for any program, project, or activity for which funds
    have been denied or restricted by the Congress; (4) proposes to use
    funds directed for a specific activity by the Committee on
    Appropriations of either the House of Representatives or the Senate for
    a different purpose; (5) augments existing programs, projects, or
    activities in excess of $5,000,000 or 10 percent, whichever is less; (6)
    reduces existing programs, projects, or activities by $5,000,000 or 10
    percent, whichever is less; or (7) creates or reorganizes offices,
    programs, or activities unless prior approval is received from the
    Committees on Appropriations of the House of Representatives and the
    Senate: Provided, That prior to any significant reorganization or
    restructuring of offices, programs, or activities, each agency or entity
    funded in this Act shall consult with the Committees on Appropriations
    of the House of Representatives and the
    Senate: <<NOTE: Deadline. Reports.>>  Provided further, That not later
    than 60 days after the date of enactment of this Act, each agency funded
    by this Act shall submit a report to the Committees on Appropriations of
    the House of Representatives and the Senate to establish the baseline
    for application of reprogramming and transfer authorities for the
    current fiscal year: Provided further, That <<NOTE: Reports.>>  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: <<NOTE: Fines.>>  Provided further, That the amount
    appropriated or limited for salaries and expenses for an agency shall be
    reduced by $100,000 per day for each day after the required date that
    the report has not been submitted to the Congress.

        Sec. 609.  Except as otherwise specifically provided by law, not to
    exceed 50 percent of unobligated balances remaining available at the end
    of fiscal year 2010 from appropriations made available for salaries and
    expenses for fiscal year 2010 in this Act, shall remain available
    through September 30, 2011, for each such account for the purposes
    authorized: <<NOTE: Expenditure request.>>  Provided, That a request
    shall be submitted to the Committees on Appropriations of the House of
    Representatives and the Senate for approval prior to the expenditure of
    such funds: Provided further, That these requests shall be made in
    compliance with reprogramming guidelines.

        Sec. 610.  None of the funds made available in this Act may be used
    by the Executive Office of the President to request from the Federal
    Bureau of Investigation any official background investigation report on
    any individual, except when--

    [[Page 123 STAT. 3203]]

                (1) such individual has given his or her express written
            consent for such request not more than 6 months prior to the
            date of such request and during the same presidential
            administration; or
                (2) such request is required due to extraordinary
            circumstances involving national security.

        Sec. 611.  The cost accounting standards promulgated under section
    26 of the Office of Federal Procurement Policy Act (Public Law 93-400;
    41 U.S.C. 422) shall not apply with respect to a contract under the
    Federal Employees Health Benefits Program established under chapter 89
    of title 5, United States Code.
        Sec. 612.  For the purpose of resolving litigation and implementing
    any settlement agreements regarding the nonforeign area cost-of-living
    allowance program, the Office of Personnel Management may accept and
    utilize (without regard to any restriction on unanticipated travel
    expenses imposed in an Appropriations Act) funds made available to the
    Office of Personnel Management pursuant to court approval.
        Sec. 613.  No <<NOTE: Abortion.>>  funds appropriated by this Act
    shall be available to pay for an abortion, or the administrative
    expenses in connection with any health plan under the Federal employees
    health benefits program which provides any benefits or coverage for
    abortions.

        Sec. 614.  The <<NOTE: Abortion.>>  provision of section 613 shall
    not apply where the life of the mother would be endangered if the fetus
    were carried to term, or the pregnancy is the result of an act of rape
    or incest.

        Sec. 615.  In order to promote Government access to commercial
    information technology, the restriction on purchasing nondomestic
    articles, materials, and supplies set forth in the Buy American Act (41
    U.S.C. 10a et seq.), shall not apply to the acquisition by the Federal
    Government of information technology (as defined in section 11101 of
    title 40, United States Code), that is a commercial item (as defined in
    section 4(12) of the Office of Federal Procurement Policy Act (41 U.S.C.
    403(12)).
        Sec. 616.  Notwithstanding section 1353 of title 31, United States
    Code, no officer or employee of any regulatory agency or commission
    funded by this Act may accept on behalf of that agency, nor may such
    agency or commission accept, payment or reimbursement from a non-Federal
    entity for travel, subsistence, or related expenses for the purpose of
    enabling an officer or employee to attend and participate in any meeting
    or similar function relating to the official duties of the officer or
    employee when the entity offering payment or reimbursement is a person
    or entity subject to regulation by such agency or commission, or
    represents a person or entity subject to regulation by such agency or
    commission, unless the person or entity is an organization described in
    section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from
    tax under section 501(a) of such Code.
        Sec. 617.  The Public Company Accounting Oversight Board shall have
    authority to obligate funds for the scholarship program established by
    section 109(c)(2) of the Sarbanes-Oxley Act of 2002 (Public Law 107-204)
    in an aggregate amount not exceeding the amount of funds collected by
    the Board as of December 31, 2009, including accrued interest, as a
    result of the assessment of monetary penalties. Funds available for
    obligation in fiscal year 2010 shall remain available until expended.

    [[Page 123 STAT. 3204]]

        Sec. 618.  From <<NOTE: Rescission.>>  the unobligated balances of
    prior year appropriations made available for the Privacy and Civil
    Liberties Oversight Board, $1,500,000 are rescinded.

        Sec. 619.  During <<NOTE: Definition. Cuba.>>  fiscal year 2010, for
    purposes of section 908(b)(1) of the Trade Sanctions Reform and Export
    Enhancement Act of 2000 (22 U.S.C. 7207(b)(1)), the term ``payment of
    cash in advance'' shall be interpreted as payment before the transfer of
    title to, and control of, the exported items to the Cuban purchaser.

        Sec. 620. (a) Section 101(a)(1) of the Federal and District of
    Columbia Government Real Property Act of 2006 (Public Law 109-396; 120
    Stat. 2711) <<NOTE: 40 USC 101 note.>>  is amended to read as follows:
                ``(1) In general.--
                        ``(A) U.S. reservation 13.--On the <<NOTE: Effective
                    date.>>  date on which the District of Columbia conveys
                    to the Administrator of General Services all right,
                    title, and interest of the District of Columbia in the
                    property described in subsection (c), the Administrator
                    shall convey to the District of Columbia all right,
                    title, and interest of the United States in U.S.
                    Reservation 13, subject to the conditions described in
                    subsection (b).
                        ``(B) Old naval hospital.--Not
                    later <<NOTE: Deadline.>>  than 60 days after the date
                    of the enactment of the Financial Services and General
                    Government Appropriations Act, 2010, the Administrator
                    shall convey to the District of Columbia all right,
                    title, and interest of the United States in Old Naval
                    Hospital.''.

        (b) The <<NOTE: Effective date.>>  amendment made by subsection (a)
    shall take effect as if included in the enactment of the Federal and
    District of Columbia Government Real Property Act of 2006.

        Sec. 621.  Notwithstanding section 708 of this Act, funds made
    available to the Commodity Futures Trading Commission and the Securities
    and Exchange Commission by this or any other Act may be used for the
    interagency funding and sponsorship of a joint advisory committee to
    advise on emerging regulatory issues.
        Sec. 622.  Specific <<NOTE: Earmarks.>>  projects contained in the
    report of the Committee on Appropriations of the House of
    Representatives accompanying this Act (H. Rept. 111-202) that are
    considered congressional earmarks for purposes of clause 9 of rule XXI
    of the Rules of the House of Representatives, when intended to be
    awarded to a for-profit entity, shall be awarded under a full and open
    competition.

                                    TITLE VII

                       GENERAL PROVISIONS--GOVERNMENT-WIDE

                     Departments, Agencies, and Corporations

        Sec. 701.  No department, agency, or instrumentality of the United
    States receiving appropriated funds under this or any other Act for
    fiscal year 2010 shall obligate or expend any such funds, unless such
    department, agency, or instrumentality has in place, and will continue
    to administer in good faith, a written policy designed to ensure that
    all of its workplaces are free from the illegal use, possession, or
    distribution of controlled substances (as defined in the Controlled
    Substances Act (21 U.S.C. 802)) by the

    [[Page 123 STAT. 3205]]

    officers and employees of such department, agency, or instrumentality.
        Sec. 702.  Unless <<NOTE: 31 USC 1343 note.>>  otherwise
    specifically provided, the maximum amount allowable during the current
    fiscal year in accordance with section 16 of the Act of August 2, 1946
    (60 Stat. 810), for the purchase of any passenger motor vehicle
    (exclusive of buses, ambulances, law enforcement, and undercover
    surveillance vehicles), is hereby fixed at $13,197 except station wagons
    for which the maximum shall be $13,631: Provided, That these limits may
    be exceeded by not to exceed $3,700 for police-type vehicles, and by not
    to exceed $4,000 for special heavy-duty vehicles: Provided further, That
    the limits set forth in this section may not be exceeded by more than 5
    percent for electric or hybrid vehicles purchased for demonstration
    under the provisions of the Electric and Hybrid Vehicle Research,
    Development, and Demonstration Act of 1976: Provided further, That the
    limits set forth in this section may be exceeded by the incremental cost
    of clean alternative fuels vehicles acquired pursuant to Public Law 101-
    549 over the cost of comparable conventionally fueled vehicles.

        Sec. 703.  Appropriations of the executive departments and
    independent establishments for the current fiscal year available for
    expenses of travel, or for the expenses of the activity concerned, are
    hereby made available for quarters allowances and cost-of-living
    allowances, in accordance with 5 U.S.C. 5922-5924.
        Sec. 704.  Unless <<NOTE: 5 USC 3101 note.>>  otherwise specified
    during the current fiscal year, no part of any appropriation contained
    in this or any other Act shall be used to pay the compensation of any
    officer or employee of the Government of the United States (including
    any agency the majority of the stock of which is owned by the Government
    of the United States) whose post of duty is in the continental United
    States unless such person: (1) is a citizen of the United States; (2) is
    a person who is lawfully admitted for permanent residence and is seeking
    citizenship as outlined in 8 U.S.C. 1324b(a)(3)(B); (3) is a person who
    is admitted as a refugee under 8 U.S.C. 1157 or is granted asylum under
    8 U.S.C. 1158 and has filed a declaration of intention to become a
    lawful permanent resident and then a citizen when eligible; or (4) is a
    person who owes allegiance to the United States: <<NOTE: Affidavit.>>
    Provided, That for purposes of this section, affidavits signed by any
    such person shall be considered prima facie evidence that the
    requirements of this section with respect to his or her status are being
    complied with: <<NOTE: Penalties.>>  Provided further, That any person
    making a false affidavit shall be guilty of a felony, and upon
    conviction, shall be fined no more than $4,000 or imprisoned for not
    more than 1 year, or both: Provided further, That the above penal clause
    shall be in addition to, and not in substitution for, any other
    provisions of existing law: Provided further, That any payment made to
    any officer or employee contrary to the provisions of this section shall
    be recoverable in action by the Federal Government: Provided further,
    That this section shall not apply to any person who is an officer or
    employee of the Government of the United States on the date of enactment
    of this Act, or to international broadcasters employed by the
    Broadcasting Board of Governors, or to temporary employment of
    translators, or to temporary employment in the field service (not to
    exceed 60 days) as a result of emergencies: Provided further, That this
    section does not apply to the employment as Wildland firefighters for
    not more than 120 days of nonresident aliens employed

    [[Page 123 STAT. 3206]]

    by the Department of the Interior or the USDA Forest Service pursuant to
    an agreement with another country.

        Sec. 705.  Appropriations available to any department or agency
    during the current fiscal year for necessary expenses, including
    maintenance or operating expenses, shall also be available for payment
    to the General Services Administration for charges for space and
    services and those expenses of renovation and alteration of buildings
    and facilities which constitute public improvements performed in
    accordance with the Public Buildings Act of 1959 (73 Stat. 479), the
    Public Buildings Amendments of 1972 (86 Stat. 216), or other applicable
    law.
        Sec. 706.  In addition to funds provided in this or any other Act,
    all Federal agencies are authorized to receive and use funds resulting
    from the sale of materials, including Federal records disposed of
    pursuant to a records schedule recovered through recycling or waste
    prevention programs. Such funds shall be available until expended for
    the following purposes:
                (1) Acquisition, waste reduction and prevention, and
            recycling programs as described in Executive Order No. 13423
            (January 24, 2007), including any such programs adopted prior to
            the effective date of the Executive order.
                (2) Other Federal agency environmental management programs,
            including, but not limited to, the development and
            implementation of hazardous waste management and pollution
            prevention programs.
                (3) Other employee programs as authorized by law or as
            deemed appropriate by the head of the Federal agency.

        Sec. 707.  Funds <<NOTE: Applicability.>>  made available by this or
    any other Act for administrative expenses in the current fiscal year of
    the corporations and agencies subject to chapter 91 of title 31, United
    States Code, shall be available, in addition to objects for which such
    funds are otherwise available, for rent in the District of Columbia;
    services in accordance with 5 U.S.C. 3109; and the objects specified
    under this head, all the provisions of which shall be applicable to the
    expenditure of such funds unless otherwise specified in the Act by which
    they are made available: Provided, That in the event any functions
    budgeted as administrative expenses are subsequently transferred to or
    paid from other funds, the limitations on administrative expenses shall
    be correspondingly reduced.

        Sec. 708.  No part of any appropriation contained in this or any
    other Act shall be available for interagency financing of boards (except
    Federal Executive Boards), commissions, councils, committees, or similar
    groups (whether or not they are interagency entities) which do not have
    a prior and specific statutory approval to receive financial support
    from more than one agency or instrumentality.
        Sec. 709.  None of the funds made available pursuant to the
    provisions of this Act shall be used to implement, administer, or
    enforce any regulation which has been disapproved pursuant to a joint
    resolution duly adopted in accordance with the applicable law of the
    United States.
        Sec. 710. (a) <<NOTE: 5 USC 5343 note.>>  Notwithstanding any other
    provision of law, and except as otherwise provided in this section, no
    part of any of the funds appropriated for fiscal year 2010, by this or
    any other Act, may be used to pay any prevailing rate employee described
    in section 5342(a)(2)(A) of title 5, United States Code--
                (1) during the period from the date of expiration of the
            limitation imposed by the comparable section for previous fiscal

    [[Page 123 STAT. 3207]]

            years until the normal effective date of the applicable wage
            survey adjustment that is to take effect in fiscal year 2010, in
            an amount that exceeds the rate payable for the applicable grade
            and step of the applicable wage schedule in accordance with such
            section; and
                (2) during the period consisting of the remainder of fiscal
            year 2010, in an amount that exceeds, as a result of a wage
            survey adjustment, the rate payable under paragraph (1) by more
            than the sum of--
                        (A) the percentage adjustment taking effect in
                    fiscal year 2010 under section 5303 of title 5, United
                    States Code, in the rates of pay under the General
                    Schedule; and
                        (B) the difference between the overall average
                    percentage of the locality-based comparability payments
                    taking effect in fiscal year 2010 under section 5304 of
                    such title (whether by adjustment or otherwise), and the
                    overall average percentage of such payments which was
                    effective in the previous fiscal year under such
                    section.

        (b) Notwithstanding any other provision of law, no prevailing rate
    employee described in subparagraph (B) or (C) of section 5342(a)(2) of
    title 5, United States Code, and no employee covered by section 5348 of
    such title, may be paid during the periods for which subsection (a) is
    in effect at a rate that exceeds the rates that would be payable under
    subsection (a) were subsection (a) applicable to such employee.
        (c) For <<NOTE: Regulations.>>  the purposes of this section, the
    rates payable to an employee who is covered by this section and who is
    paid from a schedule not in existence on September 30, 2009, shall be
    determined under regulations prescribed by the Office of Personnel
    Management.

        (d) Notwithstanding any other provision of law, rates of premium pay
    for employees subject to this section may not be changed from the rates
    in effect on September 30, 2009, except to the extent determined by the
    Office of Personnel Management to be consistent with the purpose of this
    section.
        (e) This <<NOTE: Applicability.>>  section shall apply with respect
    to pay for service performed after September 30, 2009.

        (f) For the purpose of administering any provision of law (including
    any rule or regulation that provides premium pay, retirement, life
    insurance, or any other employee benefit) that requires any deduction or
    contribution, or that imposes any requirement or limitation on the basis
    of a rate of salary or basic pay, the rate of salary or basic pay
    payable after the application of this section shall be treated as the
    rate of salary or basic pay.
        (g) Nothing in this section shall be considered to permit or require
    the payment to any employee covered by this section at a rate in excess
    of the rate that would be payable were this section not in effect.
        (h) The Office of Personnel Management may provide for exceptions to
    the limitations imposed by this section if the Office determines that
    such exceptions are necessary to ensure the recruitment or retention of
    qualified employees.
        Sec. 711.  During <<NOTE: Notification.>>  the period in which the
    head of any department or agency, or any other officer or civilian
    employee of the Federal Government appointed by the President of the
    United States, holds office, no funds may be obligated or expended in

    [[Page 123 STAT. 3208]]

    excess of $5,000 to furnish or redecorate the office of such department
    head, agency head, officer, or employee, or to purchase furniture or
    make improvements for any such office, unless advance notice of such
    furnishing or redecoration is transmitted to the Committees on
    Appropriations of the House of Representatives and the
    Senate. <<NOTE: Definition.>>  For the purposes of this section, the
    term ``office'' shall include the entire suite of offices assigned to
    the individual, as well as any other space used primarily by the
    individual or the use of which is directly controlled by the individual.

        Sec. 712.  Notwithstanding section 31 U.S.C. 1346, or section 708 of
    this Act, funds made available for the current fiscal year by this or
    any other Act shall be available for the interagency funding of national
    security and emergency preparedness telecommunications initiatives which
    benefit multiple Federal departments, agencies, or entities, as provided
    by Executive Order No. 12472 (April 3, 1984).
        Sec. 713. (a) None of the funds appropriated by this or any other
    Act may be obligated or expended by any Federal department, agency, or
    other instrumentality for the salaries or expenses of any employee
    appointed to a position of a confidential or policy-determining
    character excepted from the competitive service pursuant to 5 U.S.C.
    3302, without a certification to the Office of Personnel Management from
    the head of the Federal department, agency, or other instrumentality
    employing the Schedule C appointee that the Schedule C position was not
    created solely or primarily in order to detail the employee to the White
    House.
        (b) The provisions of this section shall not apply to Federal
    employees or members of the armed forces detailed to or from--
                (1) the Central Intelligence Agency;
                (2) the National Security Agency;
                (3) the Defense Intelligence Agency;
                (4) the National Geospatial-Intelligence Agency;
                (5) the offices within the Department of Defense for the
            collection of specialized national foreign intelligence through
            reconnaissance programs;
                (6) the Bureau of Intelligence and Research of the
            Department of State;
                (7) any agency, office, or unit of the Army, Navy, Air
            Force, and Marine Corps, the Department of Homeland Security,
            the Federal Bureau of Investigation and the Drug Enforcement
            Administration of the Department of Justice, the Department of
            Transportation, the Department of the Treasury, and the
            Department of Energy performing intelligence functions; and
                (8) the Director of National Intelligence or the Office of
            the Director of National Intelligence.

        Sec. 714.  No part of any appropriation contained in this or any
    other Act shall be available for the payment of the salary of any
    officer or employee of the Federal Government, who--
                (1) prohibits or prevents, or attempts or threatens to
            prohibit or prevent, any other officer or employee of the
            Federal Government from having any direct oral or written
            communication or contact with any Member, committee, or
            subcommittee of the Congress in connection with any matter
            pertaining to the employment of such other officer or employee
            or pertaining to the department or agency of such other officer
            or employee in any way, irrespective of whether such
            communication or

    [[Page 123 STAT. 3209]]

            contact is at the initiative of such other officer or employee
            or in response to the request or inquiry of such Member,
            committee, or subcommittee; or
                (2) removes, suspends from duty without pay, demotes,
            reduces in rank, seniority, status, pay, or performance or
            efficiency rating, denies promotion to, relocates, reassigns,
            transfers, disciplines, or discriminates in regard to any
            employment right, entitlement, or benefit, or any term or
            condition of employment of, any other officer or employee of the
            Federal Government, or attempts or threatens to commit any of
            the foregoing actions with respect to such other officer or
            employee, by reason of any communication or contact of such
            other officer or employee with any Member, committee, or
            subcommittee of the Congress as described in paragraph (1).

        Sec. 715. (a) None of the funds made available in this or any other
    Act may be obligated or expended for any employee training that--
                (1) does not meet identified needs for knowledge, skills,
            and abilities bearing directly upon the performance of official
            duties;
                (2) contains elements likely to induce high levels of
            emotional response or psychological stress in some participants;
                (3) does not require prior employee notification of the
            content and methods to be used in the training and written end
            of course evaluation;
                (4) contains any methods or content associated with
            religious or quasi-religious belief systems or ``new age''
            belief systems as defined in Equal Employment Opportunity
            Commission Notice N-915.022, dated September 2, 1988; or
                (5) is offensive to, or designed to change, participants--
            personal values or lifestyle outside the workplace.

        (b) Nothing in this section shall prohibit, restrict, or otherwise
    preclude an agency from conducting training bearing directly upon the
    performance of official duties.
        Sec. 716.  No funds appropriated in this or any other Act may be
    used to implement or enforce the agreements in Standard Forms 312 and
    4414 of the Government or any other nondisclosure policy, form, or
    agreement if such policy, form, or agreement does not contain the
    following provisions: ``These restrictions are consistent with and do
    not supersede, conflict with, or otherwise alter the employee
    obligations, rights, or liabilities created by Executive Order No.
    12958; section 7211 of title 5, United States Code (governing
    disclosures to Congress); section 1034 of title 10, United States Code,
    as amended by the Military Whistleblower Protection Act (governing
    disclosure to Congress by members of the military); section 2302(b)(8)
    of title 5, United States Code, as amended by the Whistleblower
    Protection Act of 1989 (governing disclosures of illegality, waste,
    fraud, abuse or public health or safety threats); the Intelligence
    Identities Protection Act of 1982 (50 U.S.C. 421 et seq.) (governing
    disclosures that could expose confidential Government agents); and the
    statutes which protect against disclosure that may compromise the
    national security, including sections 641, 793, 794, 798, and 952 of
    title 18, United States Code, and section 4(b) of the Subversive
    Activities Act of 1950 (50 U.S.C. 783(b)). The definitions,
    requirements, obligations, rights, sanctions, and liabilities created by
    said Executive order and listed statutes are incorporated into this
    agreement and are controlling.'': Provided,

    [[Page 123 STAT. 3210]]

    That notwithstanding the preceding paragraph, a nondisclosure policy
    form or agreement that is to be executed by a person connected with the
    conduct of an intelligence or intelligence-related activity, other than
    an employee or officer of the United States Government, may contain
    provisions appropriate to the particular activity for which such
    document is to be used. Such form or agreement shall, at a minimum,
    require that the person will not disclose any classified information
    received in the course of such activity unless specifically authorized
    to do so by the United States Government. Such nondisclosure forms shall
    also make it clear that they do not bar disclosures to Congress, or to
    an authorized official of an executive agency or the Department of
    Justice, that are essential to reporting a substantial violation of law.
        Sec. 717.  No <<NOTE: Lobbying.>>  part of any funds appropriated in
    this or any other Act shall be used by an agency of the executive
    branch, other than for normal and recognized executive-legislative
    relationships, for publicity or propaganda purposes, and for the
    preparation, distribution or use of any kit, pamphlet, booklet,
    publication, radio, television, or film presentation designed to support
    or defeat legislation pending before the Congress, except in
    presentation to the Congress itself.

        Sec. 718.  None of the funds appropriated by this or any other Act
    may be used by an agency to provide a Federal employee's home address to
    any labor organization except when the employee has authorized such
    disclosure or when such disclosure has been ordered by a court of
    competent jurisdiction.
        Sec. 719.  None of the funds made available in this Act or any other
    Act may be used to provide any non-public information such as mailing or
    telephone lists to any person or any organization outside of the Federal
    Government without the approval of the Committees on Appropriations of
    the House of Representatives and the Senate.
        Sec. 720.  No part of any appropriation contained in this or any
    other Act shall be used directly or indirectly, including by private
    contractor, for publicity or propaganda purposes within the United
    States not heretofore authorized by the Congress.
        Sec. 721. (a) In this section, the term ``agency''--
                (1) means an Executive agency, as defined under 5 U.S.C.
            105;
                (2) includes a military department, as defined under section
            102 of such title, the Postal Service, and the Postal Regulatory
            Commission; and
                (3) shall not include the Government Accountability Office.

        (b) Unless authorized in accordance with law or regulations to use
    such time for other purposes, an employee of an agency shall use
    official time in an honest effort to perform official duties. An
    employee not under a leave system, including a Presidential appointee
    exempted under 5 U.S.C. 6301(2), has an obligation to expend an honest
    effort and a reasonable proportion of such employee's time in the
    performance of official duties.
        Sec. 722.  Notwithstanding 31 U.S.C. 1346 and section 708 of this
    Act, funds made available for the current fiscal year by this or any
    other Act to any department or agency, which is a member of the Federal
    Accounting Standards Advisory Board (FASAB), shall be available to
    finance an appropriate share of FASAB administrative costs.

    [[Page 123 STAT. 3211]]

                               (transfer of funds)

        Sec. 723.  Notwithstanding 31 U.S.C. 1346 and section 708 of this
    Act, the head of each Executive department and agency is hereby
    authorized to transfer to or reimburse ``General Services
    Administration, Government-wide Policy'' with the approval of the
    Director of the Office of Management and Budget, funds made available
    for the current fiscal year by this or any other Act, including rebates
    from charge card and other contracts: Provided, That these funds shall
    be administered by the Administrator of General Services to support
    Government-wide financial, information technology, procurement, and
    other management innovations, initiatives, and activities, as approved
    by the Director of the Office of Management and Budget, in consultation
    with the appropriate interagency groups designated by the Director
    (including the President's Management Council for overall management
    improvement initiatives, the Chief Financial Officers Council for
    financial management initiatives, the Chief Information Officers Council
    for information technology initiatives, the Chief Human Capital Officers
    Council for human capital initiatives, the Chief Acquisition Officers
    Council for procurement initiatives, and the Performance Improvement
    Council for performance improvement initiatives): Provided further, That
    the total funds transferred or reimbursed shall not exceed
    $17,000,000: <<NOTE: Deadline. Notification.>>  Provided further, That
    such transfers or reimbursements may only be made after 15 days
    following notification of the Committees on Appropriations by the
    Director of the Office of Management and Budget.

        Sec. 724.  Notwithstanding <<NOTE: Breastfeeding.>>  any other
    provision of law, a woman may breastfeed her child at any location in a
    Federal building or on Federal property, if the woman and her child are
    otherwise authorized to be present at the location.

        Sec. 725.  Notwithstanding 31 U.S.C. 1346, or section 708 of this
    Act, funds made available for the current fiscal year by this or any
    other Act shall be available for the interagency funding of specific
    projects, workshops, studies, and similar efforts to carry out the
    purposes of the National Science and Technology Council (authorized by
    Executive Order No. 12881), which benefit multiple Federal departments,
    agencies, or entities: <<NOTE: Reports. Deadline.>>  Provided, That the
    Office of Management and Budget shall provide a report describing the
    budget of and resources connected with the National Science and
    Technology Council to the Committees on Appropriations, the House
    Committee on Science and Technology, and the Senate Committee on
    Commerce, Science, and Transportation 90 days after enactment of this
    Act.

        Sec. 726.  Any request for proposals, solicitation, grant
    application, form, notification, press release, or other publications
    involving the distribution of Federal funds shall indicate the agency
    providing the funds, the Catalog of Federal Domestic Assistance Number,
    as applicable, and the amount provided: <<NOTE: Applicability.>>
    Provided, That this provision shall apply to direct payments, formula
    funds, and grants received by a State receiving Federal funds.

        Sec. 727. (a) Prohibition of Federal Agency Monitoring of
    Individuals' Internet Use.--None of the funds made available in this or
    any other Act may be used by any Federal agency--

    [[Page 123 STAT. 3212]]

                (1) to collect, review, or create any aggregation of data,
            derived from any means, that includes any personally
            identifiable information relating to an individual's access to
            or use of any Federal Government Internet site of the agency; or
                (2) to <<NOTE: Contracts.>>  enter into any agreement with a
            third party (including another government agency) to collect,
            review, or obtain any aggregation of data, derived from any
            means, that includes any personally identifiable information
            relating to an individual's access to or use of any
            nongovernmental Internet site.

        (b) Exceptions.--The limitations established in subsection (a) shall
    not apply to--
                (1) any record of aggregate data that does not identify
            particular persons;
                (2) any voluntary submission of personally identifiable
            information;
                (3) any action taken for law enforcement, regulatory, or
            supervisory purposes, in accordance with applicable law; or
                (4) any action described in subsection (a)(1) that is a
            system security action taken by the operator of an Internet site
            and is necessarily incident to providing the Internet site
            services or to protecting the rights or property of the provider
            of the Internet site.

        (c) Definitions.--For the purposes of this section:
                (1) The term ``regulatory'' means agency actions to
            implement, interpret or enforce authorities provided in law.
                (2) The term ``supervisory'' means examinations of the
            agency's supervised institutions, including assessing safety and
            soundness, overall financial condition, management practices and
            policies and compliance with applicable standards as provided in
            law.

        Sec. 728. (a) <<NOTE: Contracts. Contraceptives.>>  None of the
    funds appropriated by this Act may be used to enter into or renew a
    contract which includes a provision providing prescription drug
    coverage, except where the contract also includes a provision for
    contraceptive coverage.

        (b) Nothing in this section shall apply to a contract with--
                (1) any of the following religious plans:
                        (A) Personal Care's HMO; and
                        (B) OSF HealthPlans, Inc.; and
                (2) any existing or future plan, if the carrier for the plan
            objects to such coverage on the basis of religious beliefs.

        (c) In implementing this section, any plan that enters into or
    renews a contract under this section may not subject any individual to
    discrimination on the basis that the individual refuses to prescribe or
    otherwise provide for contraceptives because such activities would be
    contrary to the individual's religious beliefs or moral convictions.
        (d) Nothing <<NOTE: Abortion.>>  in this section shall be construed
    to require coverage of abortion or abortion-related services.

        Sec. 729.  The <<NOTE: Sports. Drugs and drug abuse.>>  Congress of
    the United States recognizes the United States Anti-Doping Agency
    (USADA) as the official anti-doping agency for Olympic, Pan American,
    and Paralympic sport in the United States.

        Sec. 730.  Notwithstanding any other provision of law, funds
    appropriated for official travel by Federal departments and agencies may
    be used by such departments and agencies, if consistent with Office of
    Management and Budget Circular A-126 regarding official

    [[Page 123 STAT. 3213]]

    travel for Government personnel, to participate in the fractional
    aircraft ownership pilot program.
        Sec. 731.  Notwithstanding any other provision of law, none of the
    funds appropriated or made available under this Act or any other
    appropriations Act may be used to implement or enforce restrictions or
    limitations on the Coast Guard Congressional Fellowship Program, or to
    implement the proposed regulations of the Office of Personnel Management
    to add sections 300.311 through 300.316 to part 300 of title 5 of the
    Code of Federal Regulations, published in the Federal Register, volume
    68, number 174, on September 9, 2003 (relating to the detail of
    executive branch employees to the legislative branch).
        Sec. 732.  Notwithstanding any other provision of law, no executive
    branch agency shall purchase, construct, and/or lease any additional
    facilities, except within or contiguous to existing locations, to be
    used for the purpose of conducting Federal law enforcement training
    without the advance approval of the Committees on Appropriations of the
    House of Representatives and the Senate, except that the Federal Law
    Enforcement Training Center is authorized to obtain the temporary use of
    additional facilities by lease, contract, or other agreement for
    training which cannot be accommodated in existing Center facilities.
        Sec. 733. (a) <<NOTE: Deadline. Reports.>>  For fiscal year 2010, no
    funds shall be available for transfers or reimbursements to the E-
    Government initiatives sponsored by the Office of Management and Budget
    prior to 15 days following submission of a report to the Committees on
    Appropriations of the House of Representatives and the Senate by the
    Director of the Office of Management and Budget and receipt of approval
    to transfer funds by the Committees on Appropriations of the House of
    Representatives and the Senate.

        (b) The report in subsection (a) and other required justification
    materials shall include at a minimum--
                (1) a description of each initiative including but not
            limited to its objectives, benefits, development status, risks,
            cost effectiveness (including estimated net costs or savings to
            the government), and the estimated date of full operational
            capability;
                (2) the total development cost of each initiative by fiscal
            year including costs to date, the estimated costs to complete
            its development to full operational capability, and estimated
            annual operations and maintenance costs; and
                (3) the sources and distribution of funding by fiscal year
            and by agency and bureau for each initiative including agency
            contributions to date and estimated future contributions by
            agency.

        (c) No funds shall be available for obligation or expenditure for
    new E-Government initiatives without the explicit approval of the
    Committees on Appropriations of the House of Representatives and the
    Senate.
        Sec. 734.  Notwithstanding <<NOTE: Budget requests.>>  section 1346
    of title 31, United States Code, and section 708 of this Act and any
    other provision of law, the head of each appropriate executive
    department and agency shall transfer to or reimburse the Federal
    Aviation Administration, upon the direction of the Director of the
    Office of Management and Budget, funds made available by this or any
    other Act for the purposes described below, and shall submit budget
    requests for such purposes. These funds shall be administered by the
    Federal

    [[Page 123 STAT. 3214]]

    Aviation Administration, in consultation with the appropriate
    interagency groups designated by the Director and shall be used to
    ensure the uninterrupted, continuous operation of the Midway Atoll
    Airfield by the Federal Aviation Administration pursuant to an
    operational agreement with the Department of the Interior for the
    entirety of fiscal year 2010 and any period thereafter that precedes the
    enactment of the Financial Services and General Government
    Appropriations Act, 2011. The Director of the Office of Management and
    Budget shall mandate the necessary transfers after determining an
    equitable allocation between the appropriate executive departments and
    agencies of the responsibility for funding the continuous operation of
    the Midway Atoll Airfield based on, but not limited to, potential use,
    interest in maintaining aviation safety, and applicability to
    governmental operations and agency mission. The total funds transferred
    or reimbursed shall not exceed $6,000,000 for any 12-month period. Such
    sums shall be sufficient to ensure continued operation of the airfield
    throughout the period cited above. Funds shall be available for
    operation of the airfield or airfield-related capital
    upgrades. <<NOTE: Notification. Deadline.>>  The Director of the Office
    of Management and Budget shall notify the Committees on Appropriations
    of the House of Representatives and the Senate of such transfers or
    reimbursements within 15 days of this Act. <<NOTE: Deadline.>>  Such
    transfers or reimbursements shall begin within 30 days of enactment of
    this Act.

        Sec. 735.  None <<NOTE: Study.>>  of the funds appropriated or
    otherwise made available by this or any other Act may be used to begin
    or announce a study or public-private competition regarding the
    conversion to contractor performance of any function performed by
    Federal employees pursuant to Office of Management and Budget Circular
    A-76 or any other administrative regulation, directive, or policy.

        Sec. 736.  Unless <<NOTE: News story.>>  otherwise authorized by
    existing law, none of the funds provided in this Act or any other Act
    may be used by an executive branch agency to produce any prepackaged
    news story intended for broadcast or distribution in the United States,
    unless the story includes a clear notification within the text or audio
    of the prepackaged news story that the prepackaged news story was
    prepared or funded by that executive branch agency.

        Sec. 737.  None of the funds made available in this Act may be used
    in contravention of section 552a of title 5, United States Code
    (popularly known as the Privacy Act) and regulations implementing that
    section.
        Sec. 738.  Each <<NOTE: Evaluation. 5 USC 5701 note.>>  executive
    department and agency shall evaluate the creditworthiness of an
    individual before issuing the individual a government travel charge
    card. Such evaluations for individually billed travel charge cards shall
    include an assessment of the individual's consumer report from a
    consumer reporting agency as those terms are defined in section 603 of
    the Fair Credit Reporting Act (Public Law 91-508): Provided, That the
    department or agency may not issue a government travel charge card to an
    individual that either lacks a credit history or is found to have an
    unsatisfactory credit history as a result of this evaluation: Provided
    further, That this restriction shall not preclude issuance of a
    restricted-use charge, debit, or stored value card made in accordance
    with agency procedures to: (1) an individual with an unsatisfactory
    credit history where such card is used to pay travel expenses and the
    agency determines there is no suitable alternative payment mechanism
    available before issuing the card; or (2) an individual who

    [[Page 123 STAT. 3215]]

    lacks a credit history. <<NOTE: Guidelines. Procedures.>>  Each
    executive department and agency shall establish guidelines and
    procedures for disciplinary actions to be taken against agency personnel
    for improper, fraudulent, or abusive use of government charge cards,
    which shall include appropriate disciplinary actions for use of charge
    cards for purposes, and at establishments, that are inconsistent with
    the official business of the Department or agency or with applicable
    standards of conduct.

        Sec. 739. (a) Definitions.--For purposes of this section the
    following definitions apply:
                (1) Great lakes.--The terms ``Great Lakes'' and ``Great
            Lakes State'' have the same meanings as such terms have in
            section 506 of the Water Resources Development Act of 2000 (42
            U.S.C. 1962d-22).
                (2) Great lakes restoration activities.--The term ``Great
            Lakes restoration activities'' means any Federal or State
            activity primarily or entirely within the Great Lakes watershed
            that seeks to improve the overall health of the Great Lakes
            ecosystem.

        (b) Report.--Not later <<NOTE: Certification.>>  than 45 days after
    submission of the budget of the President to Congress, the Director of
    the Office of Management and Budget, in coordination with the Governor
    of each Great Lakes State and the Great Lakes Interagency Task Force,
    shall submit to the appropriate authorizing and appropriating committees
    of the Senate and the House of Representatives a financial report,
    certified by the Secretary of each agency that has budget authority for
    Great Lakes restoration activities, containing--
                (1) an interagency budget crosscut report that--
                        (A) displays the budget proposed, including any
                    planned interagency or intra-agency transfer, for each
                    of the Federal agencies that carries out Great Lakes
                    restoration activities in the upcoming fiscal year,
                    separately reporting the amount of funding to be
                    provided under existing laws pertaining to the Great
                    Lakes ecosystem; and
                        (B) identifies all expenditures since fiscal year
                    2004 by the Federal Government and State governments for
                    Great Lakes restoration activities;
                (2) a detailed accounting of all funds received and
            obligated by all Federal agencies and, to the extent available,
            State agencies using Federal funds, for Great Lakes restoration
            activities during the current and previous fiscal years;
                (3) a budget for the proposed projects (including a
            description of the project, authorization level, and project
            status) to be carried out in the upcoming fiscal year with the
            Federal portion of funds for activities; and
                (4) a listing of all projects to be undertaken in the
            upcoming fiscal year with the Federal portion of funds for
            activities.

        Sec. 740. (a) In General.--None of <<NOTE: Contracts.>>  the funds
    appropriated or otherwise made available by this or any other Act may be
    used for any Federal Government contract with any foreign incorporated
    entity which is treated as an inverted domestic corporation under
    section 835(b) of the Homeland Security Act of 2002 (6 U.S.C. 395(b)) or
    any subsidiary of such an entity.

        (b) Waivers.--
                (1) In general.--Any Secretary <<NOTE: Determination.>>
            shall waive subsection (a) with respect to any Federal
            Government contract under the

    [[Page 123 STAT. 3216]]

            authority of such Secretary if the Secretary determines that the
            waiver is required in the interest of national security.
                (2) Report to congress.--Any Secretary issuing a waiver
            under paragraph (1) shall report such issuance to Congress.

        (c) Exception.--This section shall not apply to any Federal
    Government contract entered into before the date of the enactment of
    this Act, or to any task order issued pursuant to such contract.
        Sec. 741.  None of the funds made available by this or any other Act
    may be used to implement, administer, enforce, or apply the rule
    entitled ``Competitive Area'' published by the Office of Personnel
    Management in the Federal Register on April 15, 2008 (73 Fed. Reg. 20180
    et seq.).
        Sec. 742. (a) Section 748 of the Financial Services and General
    Government Appropriations Act, 2009 (Public Law 111-8, division D)
    is <<NOTE: Ante, p. 630.>>  repealed.

        (b) Hereafter, <<NOTE: President. Determination. 42 USC 4321
    note.>>  the President may modify or replace Executive Order No. 13423
    if the President determines that a revised or new executive order will
    achieve equal or better environmental or energy efficiency results.

        Sec. 743. (a) <<NOTE: Deadlines. 31 USC 501 note.>>  Service
    Contract Inventory Requirement.--
                (1) Guidance.--Not later than March 1, 2010, the Director of
            the Office of Management and Budget shall develop and
            disseminate guidance to aid executive agencies in establishing
            systems for the collection of information required to meet the
            requirements of this section and to ensure consistency of
            inventories across agencies.
                (2) Report.--Not later than July 31, 2010, the Director of
            the Office of Management and Budget shall submit a report to
            Congress on the status of efforts to enable executive agencies
            to prepare the inventories required under paragraph (3),
            including the development, as appropriate, of guidance,
            methodologies, and technical tools.
                (3) Inventory contents.--Not later than December 31, 2010,
            and annually thereafter, the head of each executive agency
            required to submit an inventory in accordance with the Federal
            Activities Inventory Reform Act of 1998 (Public Law 105-270; 31
            U.S.C. 501 note), other than the Department of Defense, shall
            submit to the Office of Management and Budget an annual
            inventory of service contracts awarded or extended through the
            exercise of an option on or after April 1, 2010, for or on
            behalf of such agency. For each service contract, the entry for
            an inventory under this section shall include, for the preceding
            fiscal year, the following:
                        (A) A description of the services purchased by the
                    executive agency and the role the services played in
                    achieving agency objectives, regardless of whether such
                    a purchase was made through a contract or task order.
                        (B) The organizational component of the executive
                    agency administering the contract, and the
                    organizational component of the agency whose
                    requirements are being met through contractor
                    performance of the service.
                        (C) The total dollar amount obligated for services
                    under the contract and the funding source for the
                    contract.
                        (D) The total dollar amount invoiced for services
                    under the contract.
                        (E) The contract type and date of award.

    [[Page 123 STAT. 3217]]

                        (F) The name of the contractor and place of
                    performance.
                        (G) The number and work location of contractor and
                    subcontractor employees, expressed as full-time
                    equivalents for direct labor, compensated under the
                    contract.
                        (H) Whether the contract is a personal services
                    contract.
                        (I) Whether the contract was awarded on a
                    noncompetitive basis, regardless of date of award.

        (b) Form.--Reports required under this section shall be submitted in
    unclassified form, but may include a classified annex.
        (c) Publication.--Not later than 30 days after the date on which the
    inventory under subsection (a)(3) is required to be submitted to the
    Office of Management and Budget, the head of each executive agency
    shall--
                (1) make <<NOTE: Public information.>>  the inventory
            available to the public; and
                (2) publish <<NOTE: Federal Register,
            publication. Notice.>>  in the Federal Register a notice that
            the inventory is available to the public.

        (d) Government-wide Inventory Report.--Not later <<NOTE: Public
    information. Web posting.>>  than 90 days after the deadline for
    submitting inventories under subsection (a)(3), and annually thereafter,
    the Director of the Office of Management and Budget shall submit to
    Congress and make publicly available on the Office of Management and
    Budget website a report on the inventories submitted. The report shall
    identify whether each agency required to submit an inventory under
    subsection (a)(3) has met such requirement and summarize the information
    submitted by each executive agency required to have a Chief Financial
    Officer pursuant to section 901 of title 31, United States Code.

        (e) Review and Planning Requirements.--Not later than 180 days after
    the deadline for submitting inventories under subsection (a)(3) for an
    executive agency, the head of the executive agency, or an official
    designated by the agency head shall--
                (1) review the contracts and information in the inventory;
                (2) ensure that--
                        (A) each contract in the inventory that is a
                    personal services contract has been entered into, and is
                    being performed, in accordance with applicable laws and
                    regulations;
                        (B) the agency is giving special management
                    attention to functions that are closely associated with
                    inherently governmental functions;
                        (C) the agency is not using contractor employees to
                    perform inherently governmental functions;
                        (D) the agency has specific safeguards and
                    monitoring systems in place to ensure that work being
                    performed by contractors has not changed or expanded
                    during performance to become an inherently governmental
                    function;
                        (E) the agency is not using contractor employees to
                    perform critical functions in such a way that could
                    affect the ability of the agency to maintain control of
                    its mission and operations; and
                        (F) there are sufficient internal agency resources
                    to manage and oversee contracts effectively;
                (3) identify contracts that have been poorly performed, as
            determined by a contracting officer, because of excessive costs
            or inferior quality; and

    [[Page 123 STAT. 3218]]

                (4) identify contracts that should be considered for
            conversion to--
                        (A) performance by Federal employees of the
                    executive agency in accordance with agency insourcing
                    guidelines required under section 736 of the Financial
                    Services and General Government Appropriations Act, 2009
                    (Public Law 111-8, division D); or
                        (B) an alternative acquisition approach that would
                    better enable the agency to efficiently utilize its
                    assets and achieve its public mission.

        (f) Report on Actions Taken in Response to Annual Inventory.--Not
    later than one year after submitting an annual inventory under
    subsection (a)(3), the head of each executive agency submitting such an
    inventory shall submit to the Office of Management and Budget a report
    summarizing the actions taken pursuant to subsection (e), including any
    actions taken to consider and convert functions from contractor to
    Federal employee performance. The report shall be included as an
    attachment to the next annual inventory and made publicly available in
    accordance with subsection (c).
        (g) Submission of Service Contract Inventory Before Public-private
    Competition.--Notwithstanding any <<NOTE: Effective date.>>  other
    provision of law, beginning in fiscal year 2011, if an executive agency
    has not submitted to the Office of Management and Budget the inventory
    required under subsection (a)(3) for the prior fiscal year, the agency
    may not begin, plan for, or announce a study or public-private
    competition regarding the conversion to contractor performance of any
    function performed by Federal employees pursuant to Office of Management
    and Budget Circular A-76 or any other administrative regulation or
    directive until such time as the inventory is submitted for the prior
    fiscal year.

        (h) GAO Reports on Implementation.--
                (1) Report on guidance.--Not later than 120 days after
            submission of the report by the Director of the Office of
            Management and Budget required under subsection (a)(2), the
            Comptroller General of the United States shall report on the
            guidance issued and actions taken by the Director. The report
            shall be submitted to the Committee on Homeland Security and
            Governmental Affairs and the Committee on Appropriations of the
            Senate and the Committee on Oversight and Government Reform and
            the Committee on Appropriations of the House of Representatives.
                (2) Reports on inventories.--
                        (A) Initial inventory.--Not later than September 30,
                    2011, the Comptroller General of the United States shall
                    submit a report to the Committees named in the preceding
                    paragraph on the initial implementation by executive
                    agencies of the inventory requirement in subsection
                    (a)(3) with respect to inventories required to be
                    submitted by December 31, 2010.
                        (B) Second inventory.--Not later than September 30,
                    2012, the Comptroller General shall submit a report to
                    the same Committees on annual inventories required to be
                    submitted by December 31, 2011.
                (3) Periodic briefings.--The Comptroller General shall
            provide periodic briefings, as may be requested by the
            Committees, on matters related to implementation of this
            section.

    [[Page 123 STAT. 3219]]

        (i) Executive Agency Defined.--In this section, the term ``executive
    agency'' has the meaning given the term in section 4 of the Office of
    Federal Procurement Policy Act (41 U.S.C. 403).
        Sec. 744. (a) <<NOTE: President. Determination. 5 USC 5303 note.>>
    The adjustment in rates of basic pay for employees under the statutory
    pay systems that takes effect in fiscal year 2010 under section 5303 of
    title 5, United States Code, shall be an increase of 1.5 percent, and
    the overall average percentage of the adjustments taking effect in such
    fiscal year under sections 5304-5304a of such title 5 shall be an
    increase of 0.5 percent (with comparability payments to be determined
    and allocated among pay localities by the
    President). <<NOTE: Applicability. Effective date.>>  Adjustments under
    the preceding sentence shall also apply to civilian employees in the
    Department of Homeland Security and in the Department of Defense. All
    adjustments under this subsection shall be effective as of the first day
    of the first applicable pay period beginning on or after January 1,
    2010.

        (b) Notwithstanding section 710, the adjustment in rates of basic
    pay for the statutory pay systems that take place in fiscal year 2010
    under sections 5344 and 5348 of title 5, United States Code, shall be no
    less than the percentages in subsection (a) as employees in the same
    location whose rates of basic pay are adjusted pursuant to the statutory
    pay systems under section 5303 and 5304-5304a of title 5, United States
    Code. Prevailing rate employees at locations where there are no
    employees whose pay is increased pursuant to sections 5303 and 5304-
    5304a of such title 5 and prevailing rate employees described in section
    5343(a)(5) of such title 5 shall be considered to be located in the pay
    locality designated as ``Rest of U.S.'' pursuant to section 5304 of such
    title 5 for purposes of this subsection.
        (c) Funds used to carry out this section shall be paid from
    appropriations, which are made to each applicable department or agency
    for salaries and expenses for fiscal year 2010.
        Sec. 745. (a) Section 5538 of title 5, United States Code, is
    amended by striking subsection (b) and inserting the following:
        ``(b) Amounts under this section shall be payable with respect to
    each pay period (which would otherwise apply if the employee's civilian
    employment had not been interrupted)--
                ``(1) during which such employee is entitled to re-
            employment rights under chapter 43 of title 38 with respect to
            the position from which such employee is absent (as referred to
            in subsection (a)); and
                ``(2) for which such employee does not otherwise receive
            basic pay (including by taking any annual, military, or other
            paid leave) to which such employee is entitled by virtue of such
            employee's civilian employment with the Government.''.

        (b) The <<NOTE: Effective date. 5 USC 5538 note.>>  amendments made
    by this section shall take effect on the first day of the first
    applicable pay period beginning on or after the date of the enactment of
    this Act.

        Sec. 746.  Except as expressly provided otherwise, any reference to
    ``this Act'' contained in any title other than title IV or VIII shall
    not apply to such title IV or VIII.
        Sec. 747. (a) Definitions.--For purposes of this section the
    following definitions apply:
                (1) The term ``covered manufacturer'' means--
                        (A) an automobile manufacturer in which the United
                    States Government has an ownership interest, or to which
                    the Government has provided financial assistance under

    [[Page 123 STAT. 3220]]

                    title I of the Emergency Economic Stabilization Act of
                    2008; or
                        (B) an automobile manufacturer which acquired more
                    than half of the assets of an automobile manufacturer in
                    which the United States Government has an ownership
                    interest, or to which the Government has provided
                    financial assistance under title I of the Emergency
                    Economic Stabilization Act of 2008.
                (2) The term ``covered dealership'' means an automobile
            dealership that had a franchise agreement for the sale and
            service of vehicles of a brand or brands with a covered
            manufacturer in effect as of October 3, 2008, and such agreement
            was terminated, not assigned in the form existing on October 3,
            2008 to another covered manufacturer in connection with an
            acquisition of assets related to the manufacture of that vehicle
            brand or brands, not renewed, or not continued during the period
            beginning on October 3, 2008, and ending on December 31, 2010.

        (b) A covered dealership that was not lawfully terminated under
    applicable State law on or before April 29, 2009, shall have the right
    to seek, through binding arbitration, continuation, or reinstatement of
    a franchise agreement, or to be added as a franchisee to the dealer
    network of the covered manufacturer in the geographical area where the
    covered dealership was located when its franchise agreement was
    terminated, not assigned, not renewed, or not continued. Such
    continuation, reinstatement, or addition shall be limited to each brand
    owned and manufactured by the covered manufacturer at the time the
    arbitration commences, to the extent that the covered dealership had
    been a dealer for such brand at the time such dealer's franchise
    agreement was terminated, not assigned, not renewed, or not continued.
        (c) Before <<NOTE: Deadline.>>  the end of the 30-day period
    beginning on the date of the enactment of this Act, a covered
    manufacturer shall provide to each covered dealership related to such
    covered manufacturer a summary of the terms and the rights accorded
    under this section to a covered dealership and the specific criteria
    pursuant to which such dealer was terminated, was not renewed, or was
    not assumed and assigned to a covered manufacturer.

        (d) A <<NOTE: Deadlines.>>  covered dealership may elect to pursue
    the right to binding arbitration with the appropriate covered
    manufacturer. Such election must occur within 40 days of the date of
    enactment. The arbitration process must commence as soon as practicable
    thereafter with the selection of the arbitrator and conclude with the
    case being submitted to the arbitrator for deliberation within 180 days
    of the date of enactment of this Act. The arbitrator may extend the time
    periods in this subsection for up to 30 days for good cause. The covered
    manufacturer and the covered dealership may present any relevant
    information during the arbitration. The arbitrator shall balance the
    economic interest of the covered dealership, the economic interest of
    the covered manufacturer, and the economic interest of the public at
    large and shall decide, based on that balancing, whether or not the
    covered dealership should be added to the dealer network of the covered
    manufacturer. The factors considered by the arbitrator shall include (1)
    the covered dealership's profitability in 2006, 2007, 2008, and 2009,
    (2) the

    [[Page 123 STAT. 3221]]

    covered manufacturer's overall business plan, (3) the covered
    dealership's current economic viability, (4) the covered dealership's
    satisfaction of the performance objectives established pursuant to the
    applicable franchise agreement, (5) the demographic and geographic
    characteristics of the covered dealership's market territory, (6) the
    covered dealership's performance in relation to the criteria used by the
    covered manufacturer to terminate, not renew, not assume or not assign
    the covered dealership's franchise agreement, and (7) the length of
    experience of the covered
    dealership. <<NOTE: Determination. Deadline.>>  The arbitrator shall
    issue a written determination no later than 7 business days after the
    arbitrator determines that case has been fully submitted. At a minimum,
    the written determination shall include (1) a description of the covered
    dealership, (2) a clear statement indicating whether the franchise
    agreement at issue is to be renewed, continued, assigned or assumed by
    the covered manufacturer, (3) the key facts relied upon by the
    arbitrator in making the determination, and (4) an explanation of how
    the balance of economic interests supports the arbitrator's
    determination.

        (e) The arbitrator shall be selected from the list of qualified
    arbitrators maintained by the Regional Office of the American
    Arbitration Association (AAA), in the Region where the dealership is
    located, by mutual agreement of the covered dealership and covered
    manufacturer. If agreement cannot be reached on a suitable arbitrator,
    the parties shall request AAA to select the arbitrator. There will be no
    depositions in the proceedings, and discovery shall be limited to
    requests for documents specific to the covered dealership. The parties
    shall be responsible for their own expenses, fees, and costs, and shall
    share equally all other costs associated with the arbitration, such as
    arbitrator fees, meeting room charges, and administrative costs. The
    arbitration shall be conducted in the State where the covered dealership
    is located. Parties will have the option of conducting arbitration
    electronically and telephonically, by mutual agreement of both parties.
    The arbitrator shall not award compensatory, punitive, or exemplary
    damages to any party. <<NOTE: Deadline. Contracts.>>  If the arbitrator
    finds in favor of a covered dealership, the covered manufacturer shall
    as soon as practicable, but not later than 7 business days after receipt
    of the arbitrator's determination, provide the dealer a customary and
    usual letter of intent to enter into a sales and service agreement.
    After executing the sales and service agreement and successfully
    completing the operational prerequisites set forth therein, a covered
    dealership shall return to the covered manufacturer any financial
    compensation provided by the covered manufacturer in consideration of
    the covered manufacturer's initial determination to terminate, not
    renew, not assign or not assume the covered dealership's applicable
    franchise agreement.

        (f) Any legally binding agreement resulting from a voluntary
    negotiation between a covered manufacturer and covered dealership(s)
    shall not be considered inconsistent with this provision and any covered
    dealership that is a party to such agreement shall forfeit the right to
    arbitration established by this provision.
        (g) Notwithstanding the requirements of this provision, nothing
    herein shall prevent a covered manufacturer from lawfully terminating a
    covered dealership in accordance with applicable State law.

    [[Page 123 STAT. 3222]]

                                   TITLE VIII

                    GENERAL PROVISIONS--DISTRICT OF COLUMBIA

                          (including transfer of funds)

        Sec. 801.  Whenever in this Act, an amount is specified within an
    appropriation for particular purposes or objects of expenditure, such
    amount, unless otherwise specified, shall be considered as the maximum
    amount that may be expended for said purpose or object rather than an
    amount set apart exclusively therefor.
        Sec. 802.  Appropriations in this Act shall be available for
    expenses of travel and for the payment of dues of organizations
    concerned with the work of the District of Columbia government, when
    authorized by the Mayor, or, in the case of the Council of the District
    of Columbia, funds may be expended with the authorization of the
    Chairman of the Council.
        Sec. 803.  There are appropriated from the applicable funds of the
    District of Columbia such sums as may be necessary for making refunds
    and for the payment of legal settlements or judgments that have been
    entered against the District of Columbia government.
        Sec. 804. (a) <<NOTE: Lobbying.>>  None of the Federal funds
    provided in this Act shall be used for publicity or propaganda purposes
    or implementation of any policy including boycott designed to support or
    defeat legislation pending before Congress or any State legislature.

        (b) The District of Columbia may use local funds provided in this
    title to carry out lobbying activities on any matter.
        Sec. 805. (a) None of the Federal funds provided under this Act to
    the agencies funded by this Act, both Federal and District government
    agencies, that remain available for obligation or expenditure in fiscal
    year 2010, or provided from any accounts in the Treasury of the United
    States derived by the collection of fees available to the agencies
    funded by this Act, shall be available for obligation or expenditures
    for an agency through a reprogramming of funds which--
                (1) creates new programs;
                (2) eliminates a program, project, or responsibility center;
                (3) establishes or changes allocations specifically denied,
            limited or increased under this Act;
                (4) increases funds or personnel by any means for any
            program, project, or responsibility center for which funds have
            been denied or restricted;
                (5) re-establishes any program or project previously
            deferred through reprogramming;
                (6) augments any existing program, project, or
            responsibility center through a reprogramming of funds in excess
            of $3,000,000 or 10 percent, whichever is less; or
                (7) increases by 20 percent or more personnel assigned to a
            specific program, project or responsibility center,

    unless the <<NOTE: Notification. Deadline.>>  Committees on
    Appropriations of the House of Representatives and the Senate are
    notified in writing 15 days in advance of the reprogramming.

        (b) The District of Columbia government is authorized to approve and
    execute reprogramming and transfer requests of local funds under this
    title through November 1, 2010.

    [[Page 123 STAT. 3223]]

        Sec. 806.  Consistent <<NOTE: Applicability.>>  with the provisions
    of section 1301(a) of title 31, United States Code, appropriations under
    this Act shall be applied only to the objects for which the
    appropriations were made except as otherwise provided by law.

        Sec. 807.  None of the Federal funds provided in this Act may be
    used by the District of Columbia to provide for salaries, expenses, or
    other costs associated with the offices of United States Senator or
    United States Representative under section 4(d) of the District of
    Columbia Statehood Constitutional Convention Initiatives of 1979 (D.C.
    Law 3-171; D.C. Official Code, sec. 1-123).
        Sec. 808.  Except as otherwise provided in this section, none of the
    funds made available by this Act or by any other Act may be used to
    provide any officer or employee of the District of Columbia with an
    official vehicle unless the officer or employee uses the vehicle only in
    the performance of the officer's or employee's official duties. For
    purposes of this section, the term ``official duties'' does not include
    travel between the officer's or employee's residence and workplace,
    except in the case of--
                (1) an officer or employee of the Metropolitan Police
            Department who resides in the District of Columbia or a District
            of Columbia government employee as may otherwise be designated
            by the Chief of the Department;
                (2) at the discretion of the Fire Chief, an officer or
            employee of the District of Columbia Fire and Emergency Medical
            Services Department who resides in the District of Columbia and
            is on call 24 hours a day or is otherwise designated by the Fire
            Chief;
                (3) at the discretion of the Director of the Department of
            Corrections, an officer or employee of the District of Columbia
            Department of Corrections who resides in the District of
            Columbia and is on call 24 hours a day or is otherwise
            designated by the Director;
                (4) the Mayor of the District of Columbia; and
                (5) the Chairman of the Council of the District of Columbia.

        Sec. 809. (a) <<NOTE: Voting rights.>>  None of the Federal funds
    contained in this Act may be used by the District of Columbia Attorney
    General or any other officer or entity of the District government to
    provide assistance for any petition drive or civil action which seeks to
    require Congress to provide for voting representation in Congress for
    the District of Columbia.

        (b) Nothing in this section bars the District of Columbia Attorney
    General from reviewing or commenting on briefs in private lawsuits, or
    from consulting with officials of the District government regarding such
    lawsuits.
        Sec. 810.  None <<NOTE: Needle distribution.>>  of the Federal funds
    contained in this Act may be used to distribute any needle or syringe
    for the purpose of preventing the spread of blood borne pathogens in any
    location that has been determined by the local public health or local
    law enforcement authorities to be inappropriate for such distribution.

        Sec. 811.  Nothing <<NOTE: Contraceptives. Conscience exceptions.>>
    in this Act may be construed to prevent the Council or Mayor of the
    District of Columbia from addressing the issue of the provision of
    contraceptive coverage by health insurance plans, but it is the intent
    of Congress that any legislation enacted on such issue should include a
    ``conscience clause'' which provides exceptions for religious beliefs
    and moral convictions.

    [[Page 123 STAT. 3224]]

        Sec. 812.  The <<NOTE: Deadline. Reports.>>  Mayor of the District
    of Columbia shall submit to the Committees on Appropriations of the
    House of Representatives and the Senate, the Committee on Oversight and
    Government Reform of the House of Representatives, and the Committee on
    Homeland Security and Governmental Affairs of the Senate annual reports
    addressing--
                (1) crime, including the homicide rate, implementation of
            community policing, the number of police officers on local
            beats, and the closing down of open-air drug markets;
                (2) access to substance and alcohol abuse treatment,
            including the number of treatment slots, the number of people
            served, the number of people on waiting lists, and the
            effectiveness of treatment programs, the retention rates in
            treatment programs, and the recidivism/re-arrest rates for
            treatment participants;
                (3) management of parolees and pre-trial violent offenders,
            including the number of halfway houses escapes and steps taken
            to improve monitoring and supervision of halfway house residents
            to reduce the number of escapes to be provided in consultation
            with the Court Services and Offender Supervision Agency for the
            District of Columbia;
                (4) education, including access to special education
            services and student achievement to be provided in consultation
            with the District of Columbia Public Schools and the District of
            Columbia public charter schools, repeated grade rates, high
            school graduation rates, post-secondary education attendance
            rates, and teen pregnancy rates;
                (5) improvement in basic District services, including rat
            control and abatement;
                (6) application for and management of Federal grants,
            including the number and type of grants for which the District
            was eligible but failed to apply and the number and type of
            grants awarded to the District but for which the District failed
            to spend the amounts received;
                (7) indicators of child and family well-being including
            child living arrangements by family structure, number of
            children aging out of foster care, poverty rates by family
            structure, crime by family structure, marriage rates by income
            quintile, and out-of-wedlock births; and
                (8) employment, including job status and participation in
            assistance programs by income, education and family structure.

        Sec. 813.  None <<NOTE: Drugs and drug abuse.>>  of the Federal
    funds contained in this Act may be used to enact or carry out any law,
    rule, or regulation to legalize or otherwise reduce penalties associated
    with the possession, use, or distribution of any schedule I substance
    under the Controlled Substances Act (21 U.S.C. 801 et seq.) or any
    tetrahydrocannabinols derivative.

        Sec. 814.  None <<NOTE: Abortion.>>  of the Federal funds
    appropriated under this Act shall be expended for any abortion except
    where the life of the mother would be endangered if the fetus were
    carried to term or where the pregnancy is the result of an act of rape
    or incest.

        Sec. 815. (a) <<NOTE: Deadline. Budget.>>  No later than 30 calendar
    days after the date of the enactment of this Act, the Chief Financial
    Officer for the District of Columbia shall submit to the appropriate
    committees of Congress, the Mayor, and the Council of the District of
    Columbia, a revised appropriated funds operating budget in the format of
    the budget that the District of Columbia government submitted

    [[Page 123 STAT. 3225]]

    pursuant to section 442 of the District of Columbia Home Rule Act (D.C.
    Official Code, sec. 1-204.42), for all agencies of the District of
    Columbia government for fiscal year 2010 that is in the total amount of
    the approved appropriation and that realigns all budgeted data for
    personal services and other-than-personal services, respectively, with
    anticipated actual expenditures.

        (b) This <<NOTE: Applicability. Certification.>>  section shall
    apply only to an agency for which the Chief Financial Officer for the
    District of Columbia certifies that a reallocation is required to
    address unanticipated changes in program requirements.

        Sec. 816.  No <<NOTE: Deadline. Budget.>>  later than 30 calendar
    days after the date of the enactment of this Act, the Chief Financial
    Officer for the District of Columbia shall submit to the appropriate
    committees of Congress, the Mayor, and the Council for the District of
    Columbia, a revised appropriated funds operating budget for the District
    of Columbia Public Schools that aligns schools budgets to actual
    enrollment. The revised appropriated funds budget shall be in the format
    of the budget that the District of Columbia government submitted
    pursuant to section 442 of the District of Columbia Home Rule Act (D.C.
    Official Code, Sec. 1-204.42).

        Sec. 817.  Amounts appropriated in this Act as operating funds may
    be transferred to the District of Columbia's enterprise and capital
    funds and such amounts, once transferred, shall retain appropriation
    authority consistent with the provisions of this Act.
        Sec. 818.  Except as expressly provided otherwise, any reference to
    ``this Act'' contained in this title or in title IV shall be treated as
    referring only to the provisions of this title or of title IV.
        This division may be cited as the ``Financial Services and General
    Government Appropriations Act, 2010''.

      DIVISION D--DEPARTMENTS OF <<NOTE: Departments of Labor, Health and
    Human Services, and Education, and Related Agencies Appropriations Act,
     2010.>>  LABOR, HEALTH AND HUMAN SERVICES, AND EDUCATION, AND RELATED
    AGENCIES APPROPRIATIONS ACT, 2010

    TITLE I <<NOTE: Department of Labor Appropriations Act, 2010.>>

                               DEPARTMENT OF LABOR

                     Employment and Training Administration

                        training and employment services

                          (including transfer of funds)

        For necessary expenses of the Workforce Investment Act of 1998
    (``WIA''), the Second Chance Act of 2007, and the Women in
    Apprenticeship and Non-Traditional Occupations Act of 1992, including
    the purchase and hire of passenger motor vehicles, the construction,
    alteration, and repair of buildings and other facilities, and the
    purchase of real property for training centers as authorized by the WIA;
    $3,828,530,000, plus reimbursements, shall be available. Of the amounts
    provided:
                (1) for grants to States for adult employment and training
            activities, youth activities, and dislocated worker employment
            and training activities, $2,969,449,000 as follows:
                        (A) $861,540,000 for adult employment and training
                    activities, of which $149,540,000 shall be available for
                    the period July 1, 2010, through June 30, 2011, and of
                    which

    [[Page 123 STAT. 3226]]

                    $712,000,000 shall be available for the period October
                    1, 2010 through June 30, 2011;
                        (B) $924,069,000 for youth activities, which shall
                    be available for the period April 1, 2010 through June
                    30, 2011; and
                        (C) $1,183,840,000 for dislocated worker employment
                    and training activities, of which $323,840,000 shall be
                    available for the period July 1, 2010 through June 30,
                    2011, and of which $860,000,000 shall be available for
                    the period October 1, 2010 through June 30, 2011:
            Provided, That notwithstanding the transfer limitation under
            section 133(b)(4) of the WIA, up to 30 percent of such funds may
            be transferred by a local board if approved by the Governor:
            Provided further, That a local board may award a contract to an
            institution of higher education or other eligible training
            provider if the local board determines that it would facilitate
            the training of multiple individuals in high-demand occupations,
            if such contract does not limit customer choice;
                (2) for federally administered programs, $470,038,000 as
            follows:
                        (A) $229,160,000 for the dislocated workers
                    assistance national reserve, of which $29,160,000 shall
                    be available for the period July 1, 2010 through June
                    30, 2011, and of which $200,000,000 shall be available
                    for the period October 1, 2010 through June 30, 2011:
                    Provided, That funds provided to carry out section
                    132(a)(2)(A) of the WIA may be used to provide
                    assistance to a State for State-wide or local use in
                    order to address cases where there have been worker
                    dislocations across multiple sectors or across multiple
                    local areas and such workers remain dislocated;
                    coordinate the State workforce development plan with
                    emerging economic development needs; and train such
                    eligible dislocated workers: Provided further, That
                    funds provided to carry out section 171(d) of the WIA
                    may be used for demonstration projects that provide
                    assistance to new entrants in the workforce and
                    incumbent workers: Provided further, That none of the
                    funds shall be obligated to carry out section 173(e) of
                    the WIA;
                        (B) $52,758,000 for Native American programs, which
                    shall be available for the period July 1, 2010 through
                    June 30, 2011;
                        (C) $84,620,000 for migrant and seasonal farmworker
                    programs under section 167 of the WIA, including
                    $78,410,000 for formula grants (of which not less than
                    70 percent shall be for employment and training
                    services), $5,700,000 for migrant and seasonal housing
                    (of which not less than 70 percent shall be for
                    permanent housing), and $510,000 for other discretionary
                    purposes, which shall be available for the period July
                    1, 2010 through June 30, 2011: Provided, That
                    notwithstanding any other provision of law or related
                    regulation, the Department of Labor shall take no action
                    limiting the number or proportion of eligible
                    participants receiving related assistance services or
                    discouraging grantees from providing such services;
                        (D) $1,000,000 for carrying out the Women in
                    Apprenticeship and Nontraditional Occupations Act, which

    [[Page 123 STAT. 3227]]

                    shall be available for the period July 1, 2010 through
                    June 30, 2011; and
                        (E) $102,500,000 <<NOTE: Time period.>>  for
                    YouthBuild activities as described in section 173A of
                    the WIA, which shall be available for the period April
                    1, 2010 through June 30, 2011: <<NOTE: 29 USC 2918b.>>
                    Provided, That for program year 2010 and each program
                    year thereafter, the YouthBuild program may serve an
                    individual who has dropped out of high school and re-
                    enrolled in an alternative school, if that re-enrollment
                    is part of a sequential service strategy;
                (3) for national activities, $389,043,000, as follows:
                        (A) $93,450,000 for Pilots, Demonstrations, and
                    Research, which shall be available for the period April
                    1, 2010 through June 30, 2011, of which $30,000,000
                    shall be for Transitional Jobs activities, and shall not
                    be subject to the requirements of section 171(b)(2)(B)
                    or 171(c)(4)(D) of the WIA, and that up to 10 percent of
                    the amount available for Transitional Jobs activities
                    may be used for evaluation of such projects or
                    transferred to the Department of Health and Human
                    Services and/or the Department of Justice for support of
                    Transitional Jobs activities; and of which $5,500,000
                    shall be for competitive grants to address the
                    employment and training needs of young parents, and
                    shall not be subject to the requirements of section
                    171(b)(2)(B) or 171(c)(4)(D) of the WIA; and of which
                    $48,889,000 shall be used for the projects, and in the
                    amounts, specified under the heading ``Training and
                    Employment Services'' in the statement of the managers
                    on the conference report accompanying this Act:
                    Provided, That funding provided to carry out such
                    projects shall not be subject to the requirements of
                    sections 171(b)(2)(B) and 171(c)(4)(D) of the WIA, the
                    joint funding requirements of sections 171(b)(2)(A) and
                    171(c)(4)(A) of the WIA, or any time limit requirements
                    of sections 171(b)(2)(C) and 171(c)(4)(B) of the WIA;
                        (B) $108,493,000 for ex-offender activities, under
                    the authority of section 171 of the WIA and section 212
                    of the Second Chance Act of 2007, which shall be
                    available for the period April 1, 2010 through June 30,
                    2011, notwithstanding the requirements of section
                    171(b)(2)(B) or 171(c)(4)(D) of the WIA, of which
                    $15,000,000 shall be for competitive grants to provide
                    Transitional Job activities for ex-offenders;
                        (C) $9,600,000 for Evaluation, which shall be
                    available for the period July 1, 2010 through June 30,
                    2011;
                        (D) $40,000,000 for activities that prepare workers
                    for careers in energy efficiency and renewable energy as
                    described in section 171(e)(1)(B) of the WIA, under the
                    authority of section 171 of the WIA, which shall be
                    available for the period July 1, 2010 through June 30,
                    2011, and which shall not be subject to the requirements
                    of section 171(b)(2)(B) or 171(c)(4)(D);
                        (E) $125,000,000 for Career Pathways Innovation
                    Fund, under the authority of section 171 of the WIA,
                    which shall be available for the period July 1, 2010
                    through June 30, 2011, of which not less than
                    $65,000,000 shall be dedicated to activities that
                    prepare workers for careers

    [[Page 123 STAT. 3228]]

                    in the health care sector, and which shall not be
                    subject to the requirements of section 171(b)(2)(B) or
                    171(c)(4)(D); and
                        (F) $12,500,000 for the Workforce Data Quality
                    Initiative, under the authority of section 171(c)(2) of
                    the WIA, which shall be available for the period July 1,
                    2010 through June 30, 2011, and which shall not be
                    subject to the requirements of section 171(c)(4)(D).

                community service employment for older americans

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

                  federal unemployment benefits and allowances

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

         state unemployment insurance and employment service operations

        For authorized administrative expenses, $86,403,000, together with
    not to exceed $3,977,278,000 which may be expended from the Employment
    Security Administration Account in the Unemployment Trust Fund (``the
    Trust Fund''), of which:
                (1) $3,195,645,000 from the Trust Fund is for grants to
            States for the administration of State unemployment insurance
            laws as authorized under title III of the Social Security Act
            (including $10,000,000 to conduct in-person reemployment and
            eligibility assessments and unemployment insurance improper
            payment reviews), the administration of unemployment insurance
            for Federal employees and for ex-service members as authorized
            under 5 U.S.C. 8501-8523, and the administration

    [[Page 123 STAT. 3229]]

            of trade readjustment allowances, reemployment trade adjustment
            assistance, and alternative trade adjustment assistance under
            the Trade Act of 1974 and under section 1891(b) of the Trade and
            Globalization Adjustment Assistance Act of 2009, and shall be
            available for obligation by the States through December 31,
            2010, except that funds used for automation acquisitions shall
            be available for obligation by the States through September 30,
            2012, and funds used for unemployment insurance workloads
            experienced by the States through September 30, 2010, shall be
            available for Federal obligation through December 31, 2010;
                (2) $11,310,000 from the Trust Fund is for national
            activities necessary to support the administration of the
            Federal-State unemployment insurance system;
                (3) $680,893,000 from the Trust Fund, together with
            $22,683,000 from the General Fund of the Treasury, is for grants
            to States in accordance with section 6 of the Wagner-Peyser Act,
            and shall be available for Federal obligation for the period
            July 1, 2010 through June 30, 2011;
                (4) $20,994,000 from the Trust Fund is for national
            activities of the Employment Service, including administration
            of the work opportunity tax credit under section 51 of the
            Internal Revenue Code of 1986, and the provision of technical
            assistance and staff training under the Wagner-Peyser Act,
            including not to exceed $1,228,000 that may be used for
            amortization payments to States which had independent retirement
            plans in their State employment service agencies prior to 1980;
                (5) $68,436,000 from the Trust Fund is for the
            administration of foreign labor certifications and related
            activities under the Immigration and Nationality Act and related
            laws, of which $53,307,000 shall be available for the Federal
            administration of such activities, and $15,129,000 shall be
            available for grants to States for the administration of such
            activities; and
                (6) $63,720,000 from the General Fund is to provide
            workforce information, national electronic tools, and one-stop
            system building under the Wagner-Peyser Act and section 171
            (e)(2)(C) of the Workforce Investment Act of 1998 and shall be
            available for Federal obligation for the period July 1, 2010
            through June 30, 2011:

    Provided, That to the extent that the Average Weekly Insured
    Unemployment (``AWIU'') for fiscal year 2010 is projected by the
    Department of Labor to exceed 5,059,000, an additional $28,600,000 from
    the Trust Fund shall be available for obligation for every 100,000
    increase in the AWIU level (including a pro rata amount for any
    increment less than 100,000) to carry out title III of the Social
    Security Act: Provided further, That funds appropriated in this Act that
    are allotted to a State to carry out activities under title III of the
    Social Security Act may be used by such State to assist other States in
    carrying out activities under such title III if the other States include
    areas that have suffered a major disaster declared by the President
    under the Robert T. Stafford Disaster Relief and Emergency Assistance
    Act: Provided further, That the Secretary of Labor may use funds
    appropriated for grants to States under title III of the Social Security
    Act to make payments on behalf of States for the use of the National
    Directory of New Hires under section 453(j)(8) of such Act: Provided
    further, That funds appropriated in this Act which are used to establish
    a national

    [[Page 123 STAT. 3230]]

    one-stop career center system, or which are used to support the national
    activities of the Federal-State unemployment insurance or immigration
    programs, may be obligated in contracts, grants, or agreements with non-
    State entities: Provided further, That funds appropriated under this Act
    for activities authorized under title III of the Social Security Act and
    the Wagner-Peyser Act may be used by States to fund integrated
    Unemployment Insurance and Employment Service automation efforts,
    notwithstanding cost allocation principles prescribed under the Office
    of Management and Budget Circular A-87: Provided further, That the
    Secretary, at the request of a State participating in a consortium with
    other States, may reallot funds allotted to such State under title III
    of the Social Security Act to other States participating in the
    consortium in order to carry out activities that benefit the
    administration of the unemployment compensation law of the State making
    the request.
        In addition, $50,000,000 from the Employment Security Administration
    Account of the Unemployment Trust Fund shall be available to conduct in-
    person reemployment and eligibility assessments and unemployment
    insurance improper payment reviews.

             advances to the unemployment trust fund and other funds

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

                             program administration

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

                    Employee Benefits Security Administration

                              salaries and expenses

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

                      Pension Benefit Guaranty Corporation

                    pension benefit guaranty corporation fund

        The Pension Benefit Guaranty Corporation (``Corporation'') is
    authorized to make such expenditures, including financial assistance
    authorized by subtitle E of title IV of the Employee Retirement Income
    Security Act of 1974, within limits of funds and borrowing authority
    available to the Corporation, and in accord with law, and to make such
    contracts and commitments without regard to fiscal year limitations, as
    provided by 31 U.S.C. 9104, as may

    [[Page 123 STAT. 3231]]

    be necessary in carrying out the program, including associated
    administrative expenses, through September 30, 2010, for the
    Corporation: Provided, That none of the funds available to the
    Corporation for fiscal year 2010 shall be available for obligations for
    administrative expenses in excess of $464,067,000: Provided further,
    That to the extent that the number of new plan participants in plans
    terminated by the Corporation exceeds 100,000 in fiscal year 2010, an
    amount not to exceed an additional $9,200,000 shall be available through
    September 30, 2011 for obligation for administrative expenses for every
    20,000 additional terminated participants: Provided further,
    That <<NOTE: Notification.>>  an additional $50,000 shall be made
    available through September 30, 2011, for obligation for investment
    management fees for every $25,000,000 in assets received by the
    Corporation as a result of new plan terminations or asset growth, after
    approval by the Office of Management and Budget and notification of the
    Committees on Appropriations of the House of Representatives and the
    Senate: <<NOTE: Notification.>>  Provided further, That obligations in
    excess of the amounts provided in this paragraph may be incurred for
    unforeseen and extraordinary pretermination expenses after approval by
    the Office of Management and Budget and notification of the Committees
    on Appropriations of the House of Representatives and the Senate.

                       Employment Standards Administration

                              salaries and expenses

                  (including rescission and transfer of funds)

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

        Of the unobligated funds collected pursuant to section 286(v) of the
    Immigration and Nationality Act, $50,000,000 are rescinded as of
    September 30, 2010.

                                special benefits

                          (including transfer of funds)

        For the payment of compensation, benefits, and expenses (except
    administrative expenses) accruing during the current or any prior fiscal
    year authorized by 5 U.S.C. 81; continuation of

    [[Page 123 STAT. 3232]]

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

    Provided further, That <<NOTE: Regulations.>>  the Secretary may require
    that any person filing a notice of injury or a claim for benefits under
    5 U.S.C. 81, or the Longshore and Harbor Workers' Compensation Act,
    provide as part of such notice and claim, such identifying information
    (including Social Security account number) as such regulations may
    prescribe.

                    special benefits for disabled coal miners

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

    [[Page 123 STAT. 3233]]

         administrative expenses, energy employees occupational illness
                                compensation fund

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

                        black lung disability trust fund

                          (including transfer of funds)

        In fiscal <<NOTE: 26 USC 9501 note.>>  year 2010, such sums as may
    be necessary from the Black Lung Disability Trust Fund (``Fund''), to
    remain available until expended, for payment of all benefits authorized
    by section 9501(d)(1), (2), (4), and (7) of the Internal Revenue Code of
    1986; and interest on advances, as authorized by section 9501(c)(2) of
    that Act. In addition, the following amounts may be expended from the
    Fund for fiscal year 2010 for expenses of operation and administration
    of the Black Lung Benefits program, as authorized by section 9501(d)(5):
    not to exceed $32,720,000 for transfer to the Employment Standards
    Administration ``Salaries and Expenses''; not to exceed $25,091,000 for
    transfer to Departmental Management, ``Salaries and Expenses''; not to
    exceed $327,000 for transfer to Departmental Management, ``Office of
    Inspector General''; and not to exceed $356,000 for payments into
    miscellaneous receipts for the expenses of the Department of the
    Treasury.

                  Occupational Safety and Health Administration

                              salaries and expenses

        For necessary expenses for the Occupational Safety and Health
    Administration, $558,620,000, including not to exceed $104,393,000 which
    shall be the maximum amount available for grants to States under section
    23(g) of the Occupational Safety and Health Act (``Act''), which grants
    shall be no less than 50 percent of the costs of State occupational
    safety and health programs required to be incurred under plans approved
    by the Secretary of Labor under section 18 of the Act; and, in addition,
    notwithstanding 31 U.S.C. 3302, the Occupational Safety and Health
    Administration may retain up to $200,000 per fiscal year of training
    institute course tuition fees, otherwise authorized by law to be
    collected, and may utilize such sums for occupational safety and health
    training and education: <<NOTE: Fees.>>  Provided, That notwithstanding
    31 U.S.C. 3302, the Secretary is authorized, during the fiscal year
    ending September 30, 2010, to collect and retain fees for services
    provided to Nationally Recognized Testing Laboratories, and may utilize
    such sums, in accordance with the provisions of 29 U.S.C. 9a, to
    administer national and international laboratory recognition programs
    that ensure the safety of equipment and products used by workers in the
    workplace: Provided further, That none of the funds appropriated under
    this paragraph shall be obligated or expended to prescribe, issue,
    administer, or enforce any standard, rule, regulation, or order under
    the Act which is applicable to any person

    [[Page 123 STAT. 3234]]

    who is engaged in a farming operation which does not maintain a
    temporary <<NOTE: Small businesses.>> labor camp and employs 10 or fewer
    employees: Provided further, That no funds appropriated under this
    paragraph shall be obligated or expended to administer or enforce any
    standard, rule, regulation, or order under the Act with respect to any
    employer of 10 or fewer employees who is included within a category
    having a Days Away, Restricted, or Transferred (DART) occupational
    injury and illness rate, at the most precise industrial classification
    code for which such data are published, less than the national average
    rate as such rates are most recently published by the Secretary, acting
    through the Bureau of Labor Statistics, in accordance with section 24 of
    the Act, except--
                (1) to provide, as authorized by the Act, consultation,
            technical assistance, educational and training services, and to
            conduct surveys and studies;
                (2) to conduct an inspection or investigation in response to
            an employee complaint, to issue a citation for violations found
            during such inspection, and to assess a penalty for violations
            which are not corrected within a reasonable abatement period and
            for any willful violations found;
                (3) to take any action authorized by the Act with respect to
            imminent dangers;
                (4) to take any action authorized by the Act with respect to
            health hazards;
                (5) to take any action authorized by the Act with respect to
            a report of an employment accident which is fatal to one or more
            employees or which results in hospitalization of two or more
            employees, and to take any action pursuant to such investigation
            authorized by the Act; and
                (6) to take any action authorized by the Act with respect to
            complaints of discrimination against employees for exercising
            rights under the Act:

    Provided further, That <<NOTE: Farms and farming.>> the foregoing
    proviso shall not apply to any person who is engaged in a farming
    operation which does not maintain a temporary labor camp and employs 10
    or fewer employees: Provided further, That $10,750,000 shall be
    available for Susan Harwood training grants.

                      Mine Safety and Health Administration

                              salaries and expenses

        For necessary expenses for the Mine Safety and Health
    Administration, $357,293,000, including purchase and bestowal of
    certificates and trophies in connection with mine rescue and first-aid
    work, and the hire of passenger motor vehicles, including up to
    $2,000,000 for mine rescue and recovery activities, and $1,450,000 to
    continue the project with the United Mine Workers of America, for
    classroom and simulated rescue training for mine rescue teams; in
    addition, not to exceed $750,000 may be collected by the National Mine
    Health and Safety Academy for room, board, tuition, and the sale of
    training materials, otherwise authorized by law to be collected, to be
    available for mine safety and health education and training activities,
    notwithstanding 31 U.S.C. 3302; and, in addition, the Mine Safety and
    Health Administration may retain up to $1,000,000 from fees collected
    for the approval and certification of equipment, materials, and
    explosives for use in mines,

    [[Page 123 STAT. 3235]]

    and may utilize such sums for such <<NOTE: 30 USC 962.>> activities; the
    Secretary of Labor is authorized to accept lands, buildings, equipment,
    and other contributions from public and private sources and to prosecute
    projects in cooperation with other agencies, Federal, State, or private;
    the Mine Safety and Health Administration is authorized to promote
    health and safety education and training in the mining community through
    cooperative programs with States, industry, and safety associations; the
    Secretary is authorized to recognize the Joseph A. Holmes Safety
    Association as a principal safety association and, notwithstanding any
    other provision of law, may provide funds and, with or without
    reimbursement, personnel, including service of Mine Safety and Health
    Administration officials as officers in local chapters or in the
    national organization; and any funds available to the Department of
    Labor may be used, with the approval of the Secretary, to provide for
    the costs of mine rescue and survival operations in the event of a major
    disaster.

                           Bureau of Labor Statistics

                              salaries and expenses

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

                     Office of Disability Employment Policy

                              salaries and expenses

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

                             Departmental Management

                              salaries and expenses

                          (including transfer of funds)

        For necessary expenses for Departmental Management, including the
    hire of three sedans, $354,827,000, together with not to exceed
    $327,000, which may be expended from the Employment Security
    Administration Account in the Unemployment Trust Fund: Provided, That
    $66,500,000 for the Bureau of International Labor Affairs shall be
    available for obligation through December 31, 2010: Provided further,
    That funds available to the Bureau of International Labor Affairs may be
    used to administer or operate international labor activities, bilateral
    and multilateral technical

    [[Page 123 STAT. 3236]]

    assistance, and microfinance programs, by or through contracts, grants,
    subgrants and other arrangements: Provided further, That $40,000,000
    shall be for the United States' contribution to the International Labour
    Organization's International Program on the Elimination of Child Labor:
    Provided further, That not less than $6,500,000 shall be used to
    implement model programs that address worker rights issues through
    technical assistance in countries with which the United States has trade
    preference programs: Provided further, That funds available for the
    acquisition of Departmental information technology, architecture,
    infrastructure, equipment, software and related needs, may be allocated
    to agencies of the Department by the Department's Chief Information
    Officer: Provided further, That funds available for program evaluation
    may be transferred to any other appropriate account in the Department
    for such purpose.

                               office of job corps

        To carry out subtitle C of title I of the Workforce Investment Act
    of 1998, including Federal administrative expenses, the purchase and
    hire of passenger motor vehicles, the construction, alteration and
    repairs of buildings and other facilities, and the purchase of real
    property for training centers as authorized by the Workforce Investment
    Act; $1,708,205,000, plus reimbursements, as follows:
                (1) $1,574,015,000 for Job Corps Operations, of which
            $983,015,000 shall be available for obligation for the period
            July 1, 2010 through June 30, 2011 and of which $591,000,000
            shall be available for obligation for the period October 1, 2010
            through June 30, 2011;
                (2) $105,000,000 for construction, rehabilitation and
            acquisition of Job Corps Centers, of which $5,000,000 shall be
            available for the period July 1, 2010 through June 30, 2013 and
            $100,000,000 shall be available for the period October 1, 2010
            through June 30, 2013; and
                (3) $29,190,000 for necessary expenses of the Office of Job
            Corps shall be available for obligation for the period October
            1, 2009 through September 30, 2010:

    Provided, <<NOTE: Contracts.>> That the Office of Job Corps shall have
    contracting authority: Provided further, That no funds from any other
    appropriation shall be used to provide meal services at or for Job Corps
    centers.

                        veterans employment and training

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

    [[Page 123 STAT. 3237]]

                           office of inspector general

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

                               General Provisions

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

                               (transfer of funds)

        Sec. 102.  Not to exceed 1 percent of any discretionary funds
    (pursuant to the Balanced Budget and Emergency Deficit Control Act of
    1985) which are appropriated for the current fiscal year for the
    Department of Labor in this Act may be transferred between a program,
    project, or activity, but no such program, project, or activity shall be
    increased by more than 3 percent by any such transfer: Provided, That
    the transfer authority granted by this section shall be available only
    to meet emergency needs and shall not be used to create any new program
    or to fund any project or activity for which no funds are provided in
    this <<NOTE: Notification. Deadline.>> Act: Provided further, That the
    Committees on Appropriations of the House of Representatives and the
    Senate are notified at least 15 days in advance of any transfer.

        Sec. 103. In <<NOTE: Child labor.>> accordance with Executive Order
    No. 13126, none of the funds appropriated or otherwise made available
    pursuant to this Act shall be obligated or expended for the procurement
    of goods mined, produced, manufactured, or harvested or services
    rendered, whole or in part, by forced or indentured child labor in
    industries and host countries already identified by the United States
    Department of Labor prior to enactment of this Act.

        Sec. 104.  None <<NOTE: Reports.>> of the funds appropriated in this
    title for grants under section 171 of the Workforce Investment Act of
    1998 may be obligated prior to the preparation and submission of a
    report by the Secretary of Labor to the Committees on Appropriations of
    the House of Representatives and the Senate detailing the planned uses
    of such funds.

        Sec. 105.  None of the funds made available to the Department of
    Labor for grants under section 414(c) of the American Competitiveness
    and Workforce Improvement Act of 1998 may be used for any purpose other
    than training in the occupations and industries for which employers are
    using H-1B visas to hire foreign workers, and the related activities
    necessary to support such training: Provided, That the preceding
    limitation shall not apply to multi-year grants awarded prior to June
    30, 2007.
        Sec. 106.  None of the funds available in this Act or available to
    the Secretary of Labor from other sources for grants under the Career
    Pathways Innovation Fund and grants authorized under section 414(c) of
    the American Competitiveness and Workforce Improvement Act of 1998 shall
    be obligated for a grant awarded on a non-competitive basis.

    [[Page 123 STAT. 3238]]

        Sec. 107.  None of the funds appropriated in this Act under the
    heading ``Employment and Training Administration'' shall be used by a
    recipient or subrecipient of such funds to pay the salary and bonuses of
    an individual, either as direct costs or indirect costs, at a rate in
    excess of Executive Level II. This limitation shall not apply to vendors
    providing goods and services as defined in Office of Management and
    Budget Circular A-133. Where States are recipients of such funds, States
    may establish a lower limit for salaries and bonuses of those receiving
    salaries and bonuses from subrecipients of such funds, taking into
    account factors including the relative cost-of-living in the State, the
    compensation levels for comparable State or local government employees,
    and the size of the organizations that administer Federal programs
    involved including Employment and Training Administration programs.

                          (including transfer of funds)

        Sec. 108. The <<NOTE: Transfer plan. 29 USC 2883b.>> Secretary of
    Labor shall submit to the Committees on Appropriations of the House of
    Representatives and the Senate a plan for the transfer of the
    administration of the Job Corps program authorized under title I-C of
    the Workforce Investment Act of 1998 from the Office of the Secretary to
    the Employment and Training Administration. <<NOTE: Effective date.>> As
    of the date that is 30 days after the date of submission of such plan,
    the Secretary may transfer the administration and appropriated funds of
    the program from the Office of the Secretary and the provisions of
    section 102 of Public Law 109-149 shall no longer be applicable.

        Sec. 109.  The Secretary of Labor shall take no action to amend,
    through regulatory or administration action, the definition established
    in section 667.220 of title 20 of the Code of Federal Regulations for
    functions and activities under title I of the Workforce Investment Act
    of 1998, or to modify, through regulatory or administrative action, the
    procedure for redesignation of local areas as specified in subtitle B of
    title I of that Act (including applying the standards specified in
    section 116(a)(3)(B) of that Act, but notwithstanding the time limits
    specified in section 116(a)(3)(B) of that Act), until such time as
    legislation reauthorizing the Act is enacted. Nothing in the preceding
    sentence shall permit or require the Secretary to withdraw approval for
    such redesignation from a State that received the approval not later
    than October 12, 2005, or to revise action taken or modify the
    redesignation procedure being used by the Secretary in order to complete
    such redesignation for a State that initiated the process of such
    redesignation by submitting any request for such redesignation not later
    than October 26, 2005.
         This title may be cited as the ``Department of Labor Appropriations
    Act, 2010''.

    [[Page 123 STAT. 3239]]

    TITLE II <<NOTE: Department of Health and Human Services Appropriations
    Act, 2010.>>

                     DEPARTMENT OF HEALTH AND HUMAN SERVICES

                  Health Resources and Services Administration

                          health resources and services

        For carrying out titles II, III, IV, VII, VIII, X, XI, XII, XIX, and
    XXVI of the Public Health Service Act (``PHS Act''), section 427(a) of
    the Federal Coal Mine Health and Safety Act, title V and sections 711,
    1128E, and 1820 of the Social Security Act, the Health Care Quality
    Improvement Act of 1986, the Native Hawaiian Health Care Act of 1988,
    the Cardiac Arrest Survival Act of 2000, section 712 of the American
    Jobs Creation Act of 2004, and the Stem Cell Therapeutic and Research
    Act of 2005, $7,473,522,000, of which $41,200,000 from general revenues,
    notwithstanding section 1820(j) of the Social Security Act, shall be
    available for carrying out the Medicare rural hospital flexibility
    grants program under such section: Provided, That of the funds made
    available under this heading, $1,000,000 shall be to carry out section
    1820(g)(6) of the Social Security Act: Provided further, That amounts
    provided for such grants shall be available for the purchase and
    implementation of telehealth services, including pilots and
    demonstrations on the use of electronic health records to coordinate
    rural veterans care between rural providers and the Department of
    Veterans Affairs through the use of the VISTA-Electronic Health Record:
    Provided further, That of the funds made available under this heading,
    $129,000 shall be available until expended for facilities renovations at
    the Gillis W. Long Hansen's Disease Center: Provided further, That in
    addition to fees authorized by section 427(b) of the Health Care Quality
    Improvement Act of 1986, fees shall be collected for the full disclosure
    of information under the Act sufficient to recover the full costs of
    operating the National Practitioner Data Bank, and shall remain
    available until expended to carry out that Act: Provided further, That
    fees collected for the full disclosure of information under the ``Health
    Care Fraud and Abuse Data Collection Program'', authorized by section
    1128E(d)(2) of the Social Security Act, shall be sufficient to recover
    the full costs of operating the program, and shall remain available
    until expended to carry out that Act: Provided further, That no more
    than $40,000 shall be available until expended for carrying out the
    provisions of section 224(o) of the PHS Act including associated
    administrative expenses and relevant evaluations: Provided further, That
    no more than $44,055,000 shall be available until expended for carrying
    out the provisions of Public Law 104-73 and for expenses incurred by the
    Department of Health and Human Services (``HHS'') pertaining to
    administrative claims made under such law: Provided further, That of the
    funds made available under this heading, $317,491,000 shall be for the
    program under title X of the PHS Act to provide for voluntary family
    planning projects: Provided further, That <<NOTE: Abortions. Political
    activities.>> amounts provided to said projects under such title shall
    not be expended for abortions, that all pregnancy counseling shall be
    nondirective, and that such amounts shall not be expended for any
    activity (including the publication or distribution of literature) that
    in any way tends to promote public support or opposition to any
    legislative proposal or candidate for public

    [[Page 123 STAT. 3240]]

    office: Provided further, That of the funds available under this
    heading, $1,932,865,000 shall remain available to the Secretary of HHS
    through September 30, 2012, for parts A and B of title XXVI of the PHS
    Act: Provided further, That <<NOTE: Deadline. Grants. Urban and rural
    areas.>> within the amounts provided for part A of title XXVI of the PHS
    Act, $6,021,000 shall be available to the Secretary through September
    30, 2012, and shall be available to qualifying jurisdictions, within 30
    days of enactment, for increasing supplemental grants for fiscal year
    2010 to metropolitan and transitional areas that received grant funding
    in fiscal year 2009 under subparts I and II of part A of title XXVI of
    the PHS Act to ensure that an area's total funding under subparts I and
    II of part A for fiscal year 2009, together with the amount of this
    additional funding, is not less than 92.4 percent of the amount of such
    area's total funding under part A for fiscal year 2006: Provided
    further, That notwithstanding section 2603(c)(1) of the PHS Act, the
    additional funding to areas under the immediately preceding proviso,
    which may be used for costs incurred during fiscal year 2009, shall be
    available to the area for obligation from the date of the award through
    the end of the grant year for the award: Provided further, That
    $835,000,000 shall be for State AIDS Drug Assistance Programs authorized
    by section 2616 of the PHS Act: Provided further, That in addition to
    amounts provided herein, $25,000,000 shall be available from amounts
    available under section 241 of the PHS Act to carry out parts A, B, C,
    and D of title XXVI of the PHS Act to fund section 2691 Special Projects
    of National Significance: Provided further, That notwithstanding
    sections 502(a)(1) and 502(b)(1) of the Social Security Act, not to
    exceed $92,551,000 shall be available for carrying out special projects
    of regional and national significance pursuant to section 501(a)(2) of
    such Act and $10,400,000 shall be available for projects described in
    paragraphs (A) through (F) of section 501(a)(3) of such Act: Provided
    further, That notwithstanding section 747(e)(2) of the PHS Act, not less
    than $29,025,000 shall be for family medicine programs, not less than
    $7,575,000 shall be for general dentistry programs, and not less than
    $7,575,000 shall be for pediatric dentistry programs including faculty
    loan repayments for service as a full-time faculty member in dentistry:
    Provided further, That dentistry faculty loan repayments shall be made
    using the same terms and conditions as the Nursing Faculty Loan
    Repayment program authorized under section 738 of the PHS Act unless
    otherwise authorized: Provided further, That of the funds provided,
    $10,000,000 shall be provided to the Denali Commission as a direct lump
    payment pursuant to Public Law 106-113: Provided further, That of the
    funds provided, $35,000,000 shall be provided for the Delta Health
    Initiative as authorized in section 219 of division G of Public Law 110-
    161 and associated administrative expenses: Provided further, That funds
    provided under section 846 and subpart 3 of part D of title III of the
    PHS Act may be used to make prior year adjustments to awards made under
    these sections: Provided further, That notwithstanding section
    340A(d)(3)(B) of the PHS Act, $5,000,000 shall be available for 3 year
    grant periods under the Patient Navigator Act: Provided further, That of
    the amount appropriated in this paragraph, $338,002,000 shall be used
    for the projects financing the construction and renovation (including
    equipment) of health care and other facilities and for other health-
    related activities, and in the amounts, specified under the heading
    ``Health Resources

    [[Page 123 STAT. 3241]]

    and Services'' in the statement of the managers on the conference report
    accompanying this Act, and of which up to one percent of the amount for
    each project may be used for related agency administrative expenses:
    Provided further, That notwithstanding section 338J(k) of the PHS Act,
    $10,075,000 shall be available for State Offices of Rural Health:
    Provided further, That of the funds provided, $15,000,000 shall be
    available for the Small Rural Hospital Improvement Grant Program for
    quality improvement and adoption of health information technology:
    Provided further, That $75,000,000 shall be available for State Health
    Access Grants to expand access to affordable health care coverage for
    the uninsured populations in such States.

                health education assistance loans program account

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

                 vaccine injury compensation program trust fund

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

                   Centers for Disease Control and Prevention

                     disease control, research, and training

        To carry out titles II, III, VII, XI, XV, XVII, XIX, XXI, and XXVI
    of the Public Health Service Act (``PHS Act''), sections 101, 102, 103,
    201, 202, 203, 301, 501, and 514 of the Federal Mine Safety and Health
    Act of 1977, section 13 of the Mine Improvement and New Emergency
    Response Act of 2006, sections 20, 21, and 22 of the Occupational Safety
    and Health Act of 1970, title IV of the Immigration and Nationality Act,
    section 501 of the Refugee Education Assistance Act of 1980, and for
    expenses necessary to support activities related to countering potential
    biological, nuclear, radiological, and chemical threats to civilian
    populations; including purchase and insurance of official motor vehicles
    in foreign countries; and purchase, hire, maintenance, and operation of
    aircraft, $6,390,387,000, of which $69,150,000 shall remain available
    until expended for acquisition of real property, equipment, construction
    and renovation of facilities; of which $595,749,000 shall remain
    available until expended for the Strategic National Stockpile under
    section 319F-2 of the PHS Act; of which $20,620,000 shall be used for
    the projects, and in the amounts, specified under the heading ``Disease
    Control, Research, and Training'' in the statement of the managers on
    the conference report accompanying this Act; of which $118,979,000 for
    international HIV/AIDS shall remain available through September 30,
    2011; and of which $70,723,000

    [[Page 123 STAT. 3242]]

    shall be available until expended to provide screening and treatment for
    first response emergency services personnel, residents, students, and
    others related to the September 11, 2001 terrorist attacks on the World
    Trade Center: Provided, That in addition, such sums as may be derived
    from authorized user fees, which shall be credited to this account:
    Provided further, That with respect to the previous proviso, authorized
    user fees from the Vessel Sanitation Program shall be available through
    September 30, 2011: Provided further, That in addition to amounts
    provided herein, the following amounts shall be available from amounts
    available under section 241 of the PHS Act: (1) $12,864,000 to carry out
    the National Immunization Surveys; (2) $138,683,000 to carry out the
    National Center for Health Statistics surveys; (3) $30,880,000 for
    Public Health Informatics; (4) $47,036,000 for Health Marketing; (5)
    $31,170,000 to carry out Public Health Research; and (6) $91,724,000 to
    carry out research activities within the National Occupational Research
    Agenda: Provided further, That <<NOTE: Gun control.>> none of the funds
    made available for injury prevention and control at the Centers for
    Disease Control and Prevention may be used, in whole or in part, to
    advocate or promote gun control: Provided further, That of the funds
    made available under this heading, up to $1,000 per eligible employee of
    the Centers for Disease Control and Prevention shall be made available
    until expended for Individual Learning Accounts: Provided further, That
    the Director may redirect the total amount made available under
    authority of Public Law 101-502, section 3, dated November 3, 1990, to
    activities the Director may so designate: Provided further, That
    the <<NOTE: Notification.>> Committees on Appropriations of the House of
    Representatives and the Senate are to be notified promptly of any such
    redirection: Provided further, That not to exceed $20,787,000 may be
    available for making grants under section 1509 of the PHS Act to not
    less than 21 States, tribes, or tribal organizations: Provided further,
    That notwithstanding <<NOTE: Contracts.>> any other provision of law,
    the Centers for Disease Control and Prevention shall award a single
    contract or related contracts for development and construction of the
    next building or facility designated in the Buildings and Facilities
    Master Plan that collectively include the full scope of the project:
    Provided further, That the solicitation and contract shall contain the
    clause ``availability of funds'' found at 48 CFR 52.232-18: Provided
    further, That of the funds appropriated, $10,000 shall be for official
    reception and representation expenses when specifically approved by the
    Director of the Centers for Disease Control and Prevention: Provided
    further, That employees of the Centers for Disease Control and
    Prevention or the Public Health Service, both civilian and Commissioned
    Officers, detailed to States, municipalities, or other organizations
    under authority of section 214 of the PHS Act, or in overseas
    assignments, shall be treated as non-Federal employees for reporting
    purposes only and shall not be included within any personnel ceiling
    applicable to the Agency, Service, or the Department of Health and Human
    Services during the period of detail or assignment.

        In addition, for necessary expenses to administer the Energy
    Employees Occupational Illness Compensation Program Act, $55,358,000, to
    remain available until expended, of which $4,500,000 shall be for use by
    or in support of the Advisory Board on Radiation and Worker Health
    (``the Board'') to carry out its statutory responsibilities, including
    obtaining audits, technical assistance, and other support from the
    Board's audit contractor

    [[Page 123 STAT. 3243]]

    with regard to radiation dose estimation and reconstruction efforts,
    site profiles, procedures, and review of Special Exposure Cohort
    petitions and evaluation reports: Provided, That this amount shall be
    available consistent with the provision regarding administrative
    expenses in section 151(b) of division B, title I of Public Law 106-554.

                          National Institutes of Health

                            national cancer institute

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

                    national heart, lung, and blood institute

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

             national institute of dental and craniofacial research

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

        national institute of diabetes and digestive and kidney diseases

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

             national institute of neurological disorders and stroke

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

              national institute of allergy and infectious diseases

                          (including transfer of funds)

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

                 national institute of general medical sciences

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

    [[Page 123 STAT. 3244]]

      eunice kennedy shriver national institute of child health and human
                                   development

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

                             national eye institute

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

               national institute of environmental health sciences

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

                           national institute on aging

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

      national institute of arthritis and musculoskeletal and skin diseases

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

        national institute on deafness and other communication disorders

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

                     national institute of nursing research

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

               national institute on alcohol abuse and alcoholism

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

                        national institute on drug abuse

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

                       national institute of mental health

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

    [[Page 123 STAT. 3245]]

                    national human genome research institute

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

           national institute of biomedical imaging and bioengineering

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

                     national center for research resources

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

           national center for complementary and alternative medicine

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

            national center on minority health and health disparities

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

                      john e. fogarty international center

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

                          national library of medicine

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

                             office of the director

        For carrying out the responsibilities of the Office of the Director,
    National Institutes of Health (``NIH''), $1,177,300,000, of which up to
    $25,000,000 shall be used to carry out section 214 of this Act:
    Provided, That funding shall be available for the purchase of not to
    exceed 29 passenger motor vehicles for replacement only:

    [[Page 123 STAT. 3246]]

    Provided further, That the NIH is authorized to collect third party
    payments for the cost of clinical services that are incurred in NIH
    research facilities and that such payments shall be credited to the NIH
    Management Fund: Provided further, That all funds credited to such Fund
    shall remain available for one fiscal year after the fiscal year in
    which they are deposited: Provided further, That up to $193,880,000
    shall be available for continuation of the National Children's Study:
    Provided further, That $544,109,000 shall be available for the Common
    Fund established under section 402A(c)(1) of the Public Health Service
    Act (``PHS Act''): Provided further, That of the funds provided $10,000
    shall be for official reception and representation expenses when
    specifically approved by the Director of the NIH: Provided further, That
    the Office of AIDS Research within the Office of the Director of the NIH
    may spend up to $8,000,000 to make grants for construction or renovation
    of facilities as provided for in section 2354(a)(5)(B) of the PHS Act.

                            buildings and facilities

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

            Substance Abuse and Mental Health Services Administration

                   substance abuse and mental health services

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

    [[Page 123 STAT. 3247]]

    $8,596,000 to collect and analyze data and evaluate substance abuse
    treatment programs: Provided further, That section 520E(b)(2) of the PHS
    Act shall not apply to funds appropriated under this Act for fiscal year
    2010.

                   Agency for Healthcare Research and Quality

                         healthcare research and quality

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

                   Centers for Medicare and Medicaid Services

                          grants to states for medicaid

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

                       payments to health care trust funds

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

                               program management

        For carrying out, except as otherwise provided, titles XI, XVIII,
    XIX, and XXI of the Social Security Act, titles XIII and XXVII of the
    Public Health Service Act (``PHS Act''), and the Clinical

    [[Page 123 STAT. 3248]]

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

                   Health Care Fraud and Abuse Control Account

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

    [[Page 123 STAT. 3249]]

                    Administration for Children and Families

      payments to states for child support enforcement and family support
                                    programs

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

                        low income home energy assistance

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

                         refugee and entrant assistance

        For necessary expenses for refugee and entrant assistance activities
    authorized by section 414 of the Immigration and Nationality Act and
    section 501 of the Refugee Education Assistance Act of 1980, for
    carrying out section 462 of the Homeland Security Act of 2002, section
    235 of the William Wilberforce Trafficking Victims Protection
    Reauthorization Act of 2008, and the Trafficking Victims Protection Act
    of 2000, for costs associated with the care and placement of
    unaccompanied alien children, and for carrying out the Torture Victims
    Relief Act of 1998, $730,928,000, of which

    [[Page 123 STAT. 3250]]

    up to $9,814,000 shall be available to carry out the Trafficking Victims
    Protection Act of 2000: Provided, That funds appropriated under this
    heading pursuant to section 414(a) of the Immigration and Nationality
    Act, section 462 of the Homeland Security Act of 2002, section 235 of
    the William Wilberforce Trafficking Victims Protection Reauthorization
    Act of 2008, and the Trafficking Victims Protection Act of 2000 for
    fiscal year 2010 shall be available for the costs of assistance provided
    and other activities to remain available through September 30, 2012.

        payments to states for the child care and development block grant

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

                           social services block grant

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

                     children and families services programs

                          (including transfer of funds)

        For carrying out, except as otherwise provided, the Runaway and
    Homeless Youth Act, the Developmental Disabilities Assistance and Bill
    of Rights Act, the Head Start Act, the Child Abuse Prevention and
    Treatment Act, sections 310 and 316 of the Family Violence Prevention
    and Services Act, the Native American Programs Act of 1974, title II of
    the Child Abuse Prevention and Treatment and Adoption Reform Act of 1978
    (adoption opportunities), sections 330F and 330G of the Public Health
    Service Act (``PHS Act''), the Abandoned Infants Assistance Act of 1988,
    sections 261 and 291 of the Help America Vote Act of 2002, part B-1 of
    title IV and sections 413, 1110, and 1115 of the Social Security Act;
    for making payments under the Community Services Block Grant Act (``CSBG
    Act''), sections 439(i), 473B, and 477(i) of the Social Security Act,
    and the Assets for Independence Act; and for necessary administrative
    expenses to carry out such Acts and titles I, IV, V, X, XI, XIV, XVI,
    and XX of the Social Security Act, the Act of July 5, 1960, the Low
    Income Home Energy Assistance Act

    [[Page 123 STAT. 3251]]

    of 1981, title IV of the Immigration and Nationality Act, section 501 of
    the Refugee Education Assistance Act of 1980, and section 505 of the
    Family Support Act of 1988, $9,314,532,000, of which $39,500,000, to
    remain available through September 30, 2011, shall be for grants to
    States for adoption incentive payments, as authorized by section 473A of
    the Social Security Act and may be made for adoptions completed before
    September 30, 2010: Provided, That $7,234,783,000 shall be for making
    payments under the Head Start Act: Provided further, That of funds
    appropriated in the American Recovery and Reinvestment Act of 2009 for
    Head Start and Early Head Start, only the amount provided to a Head
    Start grantee under section 640(a)(3)(A)(i)(I) of the Head Start Act as
    a cost of living adjustment may be considered to be part of the fiscal
    year 2009 base grant for such grantee for purposes of section
    640(a)(2)(B)(i) through (v) of the Head Start Act: Provided further,
    That $746,000,000 shall be for making payments under the CSBG Act:
    Provided further, That not less than $10,000,000 shall be for section
    680(a)(3)(B) of the CSBG Act: Provided further, That in addition to
    amounts provided herein, $5,762,000 shall be available from amounts
    available under section 241 of the PHS Act to carry out the provisions
    of section 1110 of the Social Security Act: Provided further, That to
    the extent Community Services Block Grant funds are distributed as grant
    funds by a State to an eligible entity as provided under the CSBG Act,
    and have not been expended by such entity, they shall remain with such
    entity for carryover into the next fiscal year for expenditure by such
    entity consistent with program purposes: <<NOTE: Procedures. 42 USC 9921
    note.>>  Provided further, That the Secretary of Health and Human
    Services shall establish procedures regarding the disposition of
    intangible assets and program income that permit such assets acquired
    with, and program income derived from, grant funds authorized under
    section 680 of the CSBG Act to become the sole property of such grantees
    after a period of not more than 12 years after the end of the grant
    period for any activity consistent with section 680(a)(2)(A) of the CSBG
    Act: Provided further, That intangible assets in the form of loans,
    equity investments and other debt instruments, and program income may be
    used by grantees for any eligible purpose consistent with section
    680(a)(2)(A) of the CSBG Act: Provided
    further, <<NOTE: Applicability.>> That these procedures shall apply to
    such grant funds made available after November 29, 1999: Provided
    further, That funds appropriated for section 680(a)(2) of the CSBG Act
    shall be available for financing construction and rehabilitation and
    loans or investments in private business enterprises owned by community
    development corporations: Provided further, That $17,410,000 shall be
    for activities authorized by the Help America Vote Act of 2002, of which
    $12,154,000 shall be for payments to States to promote access for voters
    with disabilities, and of which $5,256,000 shall be for payments to
    States for protection and advocacy systems for voters with disabilities:
    Provided further, That $2,000,000 shall be for a human services case
    management system for federally declared disasters, to include a
    comprehensive national case management contract and Federal costs of
    administering the system: Provided further, That up to $2,000,000 shall
    be for improving the Public Assistance Reporting Information System,
    including grants to States to support data collection for a study of the
    system's effectiveness: Provided further, That of the funds appropriated
    under this

    [[Page 123 STAT. 3252]]

    heading, $1,000,000 shall be transferred to the National Commission on
    Children and Disasters to carry out title VI of division G of Public Law
    110-161: Provided further, That $20,785,000 shall be used for the
    projects, and in the amounts, specified under the heading ``Children and
    Families Services Programs'' in the statement of the managers on the
    conference report accompanying this Act.

                       promoting safe and stable families

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

                     payments for foster care and permanency

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

                             Administration on Aging

                             aging services programs

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

                             Office of the Secretary

                         general departmental management

                          (including transfer of funds)

        For necessary expenses, not otherwise provided, for general
    departmental management, including hire of six sedans, and for carrying
    out titles III, IV, XVII, XX, and XXI of the Public Health Service Act
    (``PHS Act''), the United States-Mexico Border Health Commission Act,
    and research studies under section 1110 of the Social Security Act,
    $493,377,000, together with $5,851,000 to be transferred and expended as
    authorized by section 201(g)(1) of the Social Security Act from the
    Federal Hospital Insurance Trust Fund and the Federal Supplementary
    Medical Insurance Trust Fund, and $65,211,000 from the amounts available
    under section 241 of the PHS Act to carry out national health or human
    services

    [[Page 123 STAT. 3253]]

    research and evaluation activities: Provided, That of this amount,
    $53,891,000 shall be for minority AIDS prevention and treatment
    activities; $5,789,000 shall be to assist Afghanistan in the development
    of maternal and child health clinics, consistent with section
    103(a)(4)(H) of the Afghanistan Freedom Support
    Act <<NOTE: Deadline.>> of 2002; and $1,000,000 shall be transferred,
    not later than 30 days after enactment of this Act, to the National
    Institute of Mental Health to administer the Interagency Autism
    Coordinating Committee: Provided further, That all of the funds made
    available under this heading for carrying out title XX of the PHS Act
    shall be for activities specified under section 2003(b)(1) of such title
    XX: Provided further, That of the funds made available under this
    heading, $110,000,000 shall be for making competitive contracts and
    grants to public and private entities to fund medically accurate and age
    appropriate programs that reduce teen pregnancy and for the Federal
    costs associated with administering and evaluating such contracts and
    grants, of which not less than $75,000,000 shall be for replicating
    programs that have been proven effective through rigorous evaluation to
    reduce teenage pregnancy, behavioral risk factors underlying teenage
    pregnancy, or other associated risk factors, of which not less than
    $25,000,000 shall be available for research and demonstration grants to
    develop, replicate, refine, and test additional models and innovative
    strategies for preventing teenage pregnancy, and of which any remaining
    amounts shall be available for training and technical assistance,
    evaluation, outreach, and additional program support activities:
    Provided further, That of the amounts provided under this heading from
    amounts available under section 241 of the PHS Act, $4,455,000 shall be
    available to carry out evaluations (including longitudinal evaluations)
    of teenage pregnancy prevention approaches: <<NOTE: Embryo adoption.>>
    Provided further, That funds provided in this Act for embryo adoption
    activities may be used to provide, to individuals adopting embryos,
    through grants and other mechanisms, medical and administrative services
    deemed necessary for such adoptions: Provided further, That such
    services shall be provided consistent with 42 CFR 59.5(a)(4): Provided
    further, That $1,650,000 shall be used for the projects, and in the
    amounts, specified under the heading ``General Departmental Management''
    in the statement of the managers on the conference report accompanying
    this Act.

                     office of medicare hearings and appeals

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

      office of the national coordinator for health information technology

        For expenses necessary for the Office of the National Coordinator
    for Health Information Technology, including grants, contracts, and
    cooperative agreements for the development and advancement of
    interoperable health information technology, $42,331,000: Provided, That
    in addition to amounts provided herein,

    [[Page 123 STAT. 3254]]

    $19,011,000 shall be available from amounts available under section 241
    of the Public Health Service Act.

                           office of inspector general

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

                             office for civil rights

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

          retirement pay and medical benefits for commissioned officers

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

                public health and social services emergency fund

                          (including transfer of funds)

        For expenses necessary to support activities related to countering
    potential biological, nuclear, radiological, chemical, and cybersecurity
    threats to civilian populations, and for other public health emergencies
    and to pay the costs described in section 319F-2(c)(7)(B) of the Public
    Health Service Act (``PHS Act''), $617,942,000; of which $33,065,000
    shall be to support preparedness and emergency operations, of which
    $5,000,000 shall remain available through September 30, 2011; and of
    which $10,000,000, to remain available through September 30, 2011, shall
    be to support the delivery of medical countermeasures: Provided, That of
    the amount made available herein for the delivery of medical
    countermeasures, up to $8,000,000 may be transferred to the U.S. Postal
    Service to support delivery of medical countermeasures.
        For expenses necessary to support advanced research and development
    pursuant to section 319L of the PHS Act, $305,000,000, to be derived by
    transfer from funds appropriated under the heading ``Biodefense
    Countermeasures'' in the Department of Homeland Security Appropriations
    Act, 2004, to remain available through September 30, 2011.

    [[Page 123 STAT. 3255]]

        For expenses necessary to prepare for and respond to an influenza
    pandemic, $354,167,000, of which $276,000,000 shall be available until
    expended, for activities including the development and purchase of
    vaccine, antivirals, necessary medical supplies, diagnostics, and other
    surveillance tools: Provided, That products purchased with these funds
    may, at the discretion of the Secretary of Health and Human Services, be
    deposited in the Strategic National Stockpile under section 319F-2(a) of
    the PHS Act: Provided further, That notwithstanding section 496(b) of
    the PHS Act, funds may be used for the construction or renovation of
    privately owned facilities for the production of pandemic influenza
    vaccines and other biologics, if the Secretary finds such construction
    or renovation necessary to secure sufficient supplies of such vaccines
    or biologics: Provided further, That funds appropriated herein may be
    transferred to other appropriation accounts of the Department of Health
    and Human Services, as determined by the Secretary to be appropriate, to
    be used for the purposes specified in this paragraph.
        All remaining balances from funds appropriated under the heading
    ``Biodefense Countermeasures'' in the Department of Homeland Security
    Appropriations Act, 2004, shall be transferred to this account, and
    shall remain available for obligation through September 30, 2013, for
    the procurement of medical countermeasures pursuant to section 319F-2(c)
    of the PHS Act: Provided, That products purchased with these funds shall
    be deposited in the Strategic National Stockpile under section 319F-2(a)
    of the PHS Act.
        For expenses necessary for fit-out and other costs related to a
    competitive lease procurement to renovate or replace the existing
    headquarters building for Public Health Service agencies and other
    components of the Department of Health and Human Services, $69,585,000,
    to remain available until expended.

                               General Provisions

        Sec. 201.  Funds appropriated in this title shall be available for
    not to exceed $50,000 for official reception and representation expenses
    when specifically approved by the Secretary of Health and Human
    Services.
        Sec. 202. The <<NOTE: Government employees. Children and
    youth. AIDS.>> Secretary of Health and Human Services shall make
    available through assignment not more than 60 employees of the Public
    Health Service to assist in child survival activities and to work in
    AIDS programs through and with funds provided by the Agency for
    International Development, the United Nations International Children's
    Emergency Fund or the World Health Organization.

        Sec. 203.  None of the funds appropriated in this Act for the
    National Institutes of Health, the Agency for Healthcare Research and
    Quality, and the Substance Abuse and Mental Health Services
    Administration shall be used to pay the salary of an individual, through
    a grant or other extramural mechanism, at a rate in excess of Executive
    Level I.
        Sec. 204. None <<NOTE: Reports.>> of the funds appropriated in this
    Act may be expended pursuant to section 241 of the Public Health Service
    Act, except for funds specifically provided for in this Act, or for
    other taps and assessments made by any office located in the Department
    of Health and Human Services, prior to the preparation

    [[Page 123 STAT. 3256]]

    and submission of a report by the Secretary of Health and Human Services
    to the Committees on Appropriations of the House of Representatives and
    the Senate detailing the planned uses of such funds.

        Sec. 205.  Notwithstanding section 241(a) of the Public Health
    Service Act, such portion as the Secretary of Health and Human Services
    shall determine, but not more than 2.5 percent, of any amounts
    appropriated for programs authorized under such Act shall be made
    available for the evaluation (directly, or by grants or contracts) of
    the implementation and effectiveness of such programs.

                               (transfer of funds)

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

                               (transfer of funds)

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

                               (transfer of funds)

        Sec. 208.  Of the amounts made available in this Act for the
    National Institutes of Health, the amount for research related to the
    human immunodeficiency virus, as jointly determined by the Director of
    the National Institutes of Health and the Director of the Office of AIDS
    Research, shall be made available to the ``Office of AIDS Research
    Office'' account. The Director of the Office of AIDS Research shall
    transfer from such account amounts necessary to carry out section
    2353(d)(3) of the Public Health Service Act.
        Sec. 209. None <<NOTE: Certification.>> of the funds appropriated in
    this Act may be made available to any entity under title X of the Public
    Health Service Act unless the applicant for the award certifies to the
    Secretary of Health and Human Services that it encourages family
    participation in the decision of minors to seek family planning services
    and that it provides counseling to minors on how to resist attempts to
    coerce minors into engaging in sexual activities.

        Sec. 210.  Notwithstanding any other provision of law, no provider
    of services under title X of the Public Health Service Act shall be
    exempt from any State law requiring notification or the

    [[Page 123 STAT. 3257]]

    reporting of child abuse, child molestation, sexual abuse, rape, or
    incest.
        Sec. 211.  None of the funds appropriated by this Act (including
    funds appropriated to any trust fund) may be used to carry out the
    Medicare Advantage program if the Secretary of Health and Human Services
    denies participation in such program to an otherwise eligible entity
    (including a Provider Sponsored Organization) because the entity informs
    the Secretary that it will not provide, pay for, provide coverage of, or
    provide referrals for abortions: Provided, That the Secretary shall make
    appropriate prospective adjustments to the capitation payment to such an
    entity (based on an actuarially sound estimate of the expected costs of
    providing the service to such entity's enrollees): Provided further,
    That nothing in this section shall be construed to change the Medicare
    program's coverage for such services and a Medicare Advantage
    organization described in this section shall be responsible for
    informing enrollees where to obtain information about all Medicare
    covered services.
        Sec. 212.(a) Except <<NOTE: Drugs and drug
    abuse. Certification. Deadline. Tobacco and tobacco products. 42
    USC 300x-26a.>> as provided by subsection (e) none of the funds
    appropriated for fiscal year 2010 or any subsequent fiscal year by this
    or any subsequent appropriations Act may be used to withhold substance
    abuse funding from a State pursuant to section 1926 of the Public Health
    Service Act (``PHS Act'') if such State certifies to the Secretary of
    Health and Human Services by May 1 of the fiscal year for which the
    funds are appropriated, that the State will commit additional State
    funds, in accordance with subsection (b), to ensure compliance with
    State laws prohibiting the sale of tobacco products to individuals under
    18 years of age.

        (b) The amount of funds to be committed by a State under subsection
    (a) shall be equal to 1 percent of such State's substance abuse block
    grant allocation for each percentage point by which the State misses the
    retailer compliance rate goal established by the Secretary under section
    1926 of such Act.
        (c) The State is to maintain State expenditures in such fiscal year
    for tobacco prevention programs and for compliance activities at a level
    that is not less than the level of such expenditures maintained by the
    State for the preceding fiscal year, and adding to that level the
    additional funds for tobacco compliance activities required under
    subsection (a). The <<NOTE: Reports. Deadline.>> State is to submit a
    report to the Secretary on all State obligations of funds for such
    fiscal year and all State expenditures for the preceding fiscal year for
    tobacco prevention and compliance activities by program activity by July
    31 of such fiscal year.

        (d) The Secretary shall exercise discretion in enforcing the timing
    of the State obligation of the additional funds required by the
    certification described in subsection (a) as late as July 31 of such
    fiscal year.
        (e) None of the funds appropriated by this or any subsequent
    appropriations Act may be used to withhold substance abuse funding
    pursuant to section 1926 of the PHS Act from a territory that receives
    less than $1,000,000.
        Sec. 213.  In order for the Department of Health and Human Services
    to carry out international health activities, including HIV/AIDS and
    other infectious disease, chronic and environmental disease, and other
    health activities abroad during fiscal year 2010:
                (1) The Secretary of Health and Human Services may exercise
            authority equivalent to that available to the Secretary

    [[Page 123 STAT. 3258]]

            of State in section 2(c) of the State Department Basic
            Authorities Act of 1956. The <<NOTE: Consultation.>> Secretary
            of Health and Human Services shall consult with the Secretary of
            State and relevant Chief of Mission to ensure that the authority
            provided in this section is exercised in a manner consistent
            with section 207 of the Foreign Service Act of 1980 and other
            applicable statutes administered by the Department of State.
                (2) The Secretary of Health and Human Services is authorized
            to provide such funds by advance or reimbursement to the
            Secretary of State as may be necessary to pay the costs of
            acquisition, lease, alteration, renovation, and management of
            facilities outside of the United States for the use of the
            Department of Health and Human Services. The Department of State
            shall cooperate fully with the Secretary of Health and Human
            Services to ensure that the Department of Health and Human
            Services has secure, safe, functional facilities that comply
            with applicable regulation governing location, setback, and
            other facilities requirements and serve the purposes established
            by this Act. The Secretary of Health and Human Services is
            authorized, in consultation with the Secretary of State, through
            grant or cooperative agreement, to make available to public or
            nonprofit private institutions or agencies in participating
            foreign countries, funds to acquire, lease, alter, or renovate
            facilities in those countries as necessary to conduct programs
            of assistance for international health activities, including
            activities relating to HIV/AIDS and other infectious diseases,
            chronic and environmental diseases, and other health activities
            abroad.
                (3) The Secretary of Health and Human Services is authorized
            to provide to personnel appointed or assigned by the Secretary
            to serve abroad, allowances and benefits similar to those
            provided under chapter 9 of title I of the Foreign Service Act
            of 1980, and 22 U.S.C. 4081 through 4086 and subject to such
            regulations prescribed by the Secretary. The Secretary is
            further authorized to provide locality-based comparability
            payments (stated as a percentage) up to the amount of the
            locality-based comparability payment (stated as a percentage)
            that would be payable to such personnel under section 5304 of
            title 5, United States Code if such personnel's official duty
            station were in the District of Columbia. Leaves of absence for
            personnel under this subsection shall be on the same basis as
            that provided under subchapter I of chapter 63 of title 5,
            United States Code, or section 903 of the Foreign Service Act of
            1980, to individuals serving in the Foreign Service.

        Sec. 214. (a) Authority.--Notwithstanding any other provision of
    law, the Director of the National Institutes of Health (``Director'')
    may use funds available under section 402(b)(7) or 402(b)(12) of the
    Public Health Service Act (``PHS Act'') to enter into transactions
    (other than contracts, cooperative agreements, or grants) to carry out
    research identified pursuant to such section 402(b)(7) (pertaining to
    the Common Fund) or research and activities described in such section
    402(b)(12).
        (b) Peer Review.--In entering into transactions under subsection
    (a), the Director may utilize such peer review procedures (including
    consultation with appropriate scientific experts) as the Director
    determines to be appropriate to obtain assessments of scientific and
    technical merit. Such <<NOTE: Applicability.>> procedures shall apply to
    such

    [[Page 123 STAT. 3259]]

    transactions in lieu of the peer review and advisory council review
    procedures that would otherwise be required under sections 301(a)(3),
    405(b)(1)(B), 405(b)(2), 406(a)(3)(A), 492, and 494 of the PHS Act.

        Sec. 215.  Funds which are available for Individual Learning
    Accounts for employees of the Centers for Disease Control and Prevention
    (``CDC'') and the Agency for Toxic Substances and Disease Registry
    (``ATSDR'') may be transferred to ``Disease Control, Research, and
    Training'', to be available only for Individual Learning Accounts:
    Provided, That such funds may be used for any individual full-time
    equivalent employee while such employee is employed either by CDC or
    ATSDR.
        Sec. 216. Notwithstanding <<NOTE: 42 USC 294o note.>> any other
    provisions of law, funds made available in this Act may be used to
    continue operating the Council on Graduate Medical Education established
    by section 301 of Public Law 102-408.

        Sec. 217.  Not to exceed $35,000,000  of funds appropriated by this
    Act to the institutes and centers of the National Institutes of Health
    may be used for alteration, repair, or improvement of facilities, as
    necessary for the proper and efficient conduct of the activities
    authorized herein, at not to exceed $2,500,000 per project.

                               (transfer of funds)

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

        This title may be cited as the ``Department of Health and Human
    Services Appropriations Act, 2010''.

    TITLE III <<NOTE: Department of Education Appropriations Act, 2010.>>

                             DEPARTMENT OF EDUCATION

                         Education for the Disadvantaged

        For carrying out title I of the Elementary and Secondary Education
    Act of 1965 (``ESEA'') and section 418A of the Higher Education Act of
    1965, $15,914,666,000, of which $4,954,510,000 shall become available on
    July 1, 2010, and shall remain available through September 30, 2011, and
    of which $10,841,176,000 shall become available on October 1, 2010, and
    shall remain available

    [[Page 123 STAT. 3260]]

    through September 30, 2011, for academic year 2010-2011: Provided, That
    $6,597,946,000 shall be for basic grants under section 1124 of the ESEA:
    Provided further, That up to $4,000,000 of these funds shall be
    available to the Secretary of Education on October 1, 2009, to obtain
    annually updated local educational-agency-level census poverty data from
    the Bureau of the Census: Provided further, That $1,365,031,000 shall be
    for concentration grants under section 1124A of the ESEA: Provided
    further, That $3,264,712,000 shall be for targeted grants under section
    1125 of the ESEA: Provided further, That $3,264,712,000 shall be for
    education finance incentive grants under section 1125A of the ESEA:
    Provided further, That $9,167,000 shall be to carry out sections 1501
    and 1503 of the ESEA: Provided further, That $545,633,000 shall be
    available for school improvement grants under section 1003(g) of the
    ESEA, which shall be allocated by the Secretary through the formula
    described in section 1003(g)(2) and shall be used consistent with the
    requirements of section 1003(g), except that State and local educational
    agencies may use such funds (and funds appropriated for section 1003(g)
    under the American Recovery and Reinvestment Act) to serve any school
    eligible to receive assistance under part A of title I that has not made
    adequate yearly progress for at least 2 years or is in the State's
    lowest quintile of performance based on proficiency rates and, in the
    case of secondary schools, priority shall be given to those schools with
    graduation rates below 60 percent: Provided further, That
    notwithstanding section 1003(g)(5)(A), each State educational agency may
    establish a maximum subgrant size of not more than $2,000,000 for each
    participating school applicable to such funds and to the funds
    appropriated for section 1003(g) under the American Recovery and
    Reinvestment Act: Provided further, That the ESEA title I, part A funds
    awarded to local educational agencies under the American Recovery and
    Reinvestment Act of 2009 for fiscal year 2009 shall not be considered
    for the purpose of calculating hold-harmless amounts under subsections
    1122(c) and 1125A(g)(3) in making allocations under title I, part A for
    fiscal year 2010 and succeeding years and, notwithstanding section
    1003(e), shall not be considered for the purpose of reserving funds
    under section 1003(a): Provided further, That $250,000,000 shall be
    available under section 1502 of the ESEA for a comprehensive literacy
    development and education program to advance literacy skills, including
    pre-literacy skills, reading, and writing, for students from birth
    through grade 12, including limited-English-proficient students and
    students with disabilities, of which one-half of 1 percent shall be
    reserved for the Secretary of the Interior for such a program at schools
    funded by the Bureau of Indian Education, one-half of 1 percent shall be
    reserved for grants to the outlying areas for such a program,
    $10,000,000 shall be reserved for formula grants to States based on each
    State's relative share of funds under part A of title I of the ESEA for
    fiscal year 2009 (excluding funds awarded under the American Recovery
    and Reinvestment Act of 2009), except that no State shall receive less
    than $150,000, to establish or support a State Literacy Team with
    expertise in literacy development and education for children from birth
    through grade 12 to assist the State in developing a comprehensive
    literacy plan, up to 5 percent may be reserved for national activities,
    and the remainder shall be used to award competitive grants to State
    educational agencies for such a program,

    [[Page 123 STAT. 3261]]

    of which a State educational agency may reserve up to 5 percent for
    State leadership activities, including technical assistance and
    training, data collection, reporting, and administration, and shall
    subgrant not less than 95 percent to local educational agencies or, in
    the case of early literacy, to local educational agencies or other
    nonprofit providers of early childhood education that partner with a
    public or private nonprofit organization or agency with a demonstrated
    record of effectiveness in improving the early literacy development of
    children from birth through kindergarten entry and in providing
    professional development in early literacy, giving priority to such
    agencies or other entities serving greater numbers or percentages of
    disadvantaged children: Provided further, That the State educational
    agency shall ensure that at least 15 percent of the subgranted funds are
    used to serve children from birth through age 5, 40 percent are used to
    serve students in kindergarten through grade 5, and 40 percent are used
    to serve students in middle and high school including an equitable
    distribution of funds between middle and high schools: Provided further,
    That eligible entities receiving subgrants from State educational
    agencies shall use such funds for services and activities that have the
    characteristics of effective literacy instruction through professional
    development, screening and assessment, targeted interventions for
    students reading below grade level and other research-based methods of
    improving classroom instruction and practice.

                                   Impact Aid

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

                           School Improvement Programs

        For carrying out school improvement activities authorized by parts
    A, B, and D of title II, part B of title IV, subparts 6 and 9 of part D
    of title V, parts A and B of title VI, and parts B and C of title VII of
    the Elementary and Secondary Education Act of 1965 (``ESEA''); the
    McKinney-Vento Homeless Assistance

    [[Page 123 STAT. 3262]]

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

    [[Page 123 STAT. 3263]]

                                Indian Education

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

                           Innovation and Improvement

        For carrying out activities authorized by part G of title I, subpart
    5 of part A and parts C and D of title II, parts B, C, and D of title V,
    and section 1504 of the Elementary and Secondary Education Act of 1965
    (``ESEA''), and by part F of title VIII of the Higher Education Act of
    1965, $1,389,065,000: Provided, That $10,649,000 shall be provided to
    the National Board for Professional Teaching Standards to carry out
    section 2151(c) of the ESEA: Provided further, That from funds for
    subpart 4, part C of title II of the ESEA, up to 3 percent shall be
    available to the Secretary of Education for technical assistance and
    dissemination of information: Provided further, That $671,570,000 shall
    be available to carry out part D of title V of the ESEA: Provided
    further, That $88,791,000 shall be used for the projects, and in the
    amounts, specified in the statement of the managers on the conference
    report accompanying this Act: Provided further, That $1,000,000 shall be
    for a national clearinghouse that will collect and disseminate
    information on effective educational practices and the latest research
    regarding the planning, design, financing, construction, improvement,
    operation, and maintenance of safe, healthy, high-performance public
    facilities for nursery and pre-kindergarten, kindergarten through grade
    12, and higher education: Provided further, That $400,000,000 of the
    funds for subpart 1 of part D of title V of the ESEA shall be for
    competitive grants to local educational agencies, including charter
    schools that are local educational agencies, or States, or partnerships
    of: (1) a local educational agency, a State, or both; and (2) at least
    one non-profit organization to develop and implement performance-based
    compensation systems for teachers, principals, and other personnel in
    high-need schools: Provided further, That such performance-based
    compensation systems must consider gains in student academic achievement
    as well as classroom evaluations conducted multiple times during each
    school year among other factors and provide educators with incentives to
    take on additional responsibilities and leadership roles: Provided
    further, That recipients of such grants shall demonstrate that such
    performance-based systems are developed with the input of teachers and
    school leaders in the schools and local educational agencies to be
    served by the grant: Provided further, That recipients of such grants
    may use such funds to develop or improve systems and tools (which may be
    developed and used for the entire local educational agency or only for
    schools served under the grant) that would enhance the quality and
    success of the compensation system, such as high-quality teacher
    evaluations and tools to measure growth in student
    achievement: <<NOTE: Financial plan.>>  Provided further, That
    applications for such grants shall include a plan to sustain financially
    the activities conducted and systems developed under the grant once the
    grant period has expired: Provided further, That up to 5 percent of such
    funds for competitive grants shall be available for technical
    assistance, training, peer review of applications, program outreach and
    evaluation activities: Provided further, That of the funds available for
    part B of title V of the

    [[Page 123 STAT. 3264]]

    ESEA, the Secretary shall use up to $23,082,000 to carry out activities
    under section 5205(b) and under subpart 2: Provided further, That of the
    funds available for subpart 1 of part B of title V of the ESEA, and
    notwithstanding section 5205(a), the Secretary may reserve up to
    $50,000,000 to make multiple awards to non-profit charter management
    organizations and other entities that are not for-profit entities for
    the replication and expansion of successful charter school models and
    shall reserve $10,000,000 to carry out the activities described in
    section 5205(a), including by providing technical assistance to
    authorized public chartering agencies in order to increase the number of
    high-performing charter schools: Provided further,
    That <<NOTE: Reports.>>  the funds referenced in the preceding proviso
    shall not be obligated prior to submission of a report to the Committees
    on Appropriations of the House of Representatives and the Senate
    detailing the planned uses of such funds: <<NOTE: Plan.>>  Provided
    further, That each application submitted pursuant to section 5203(a)
    shall describe a plan to monitor and hold accountable authorized public
    chartering agencies through such activities as providing technical
    assistance or establishing a professional development program, which may
    include planning, training and systems development for staff of
    authorized public chartering agencies to improve the capacity of such
    agencies in the State to authorize, monitor, and hold accountable
    charter schools: Provided further, That each application submitted
    pursuant to section 5203(a) shall contain assurances that State law,
    regulations, or other policies require that: (1) each authorized charter
    school in the State operate under a legally binding charter or
    performance contract between itself and the school's authorized public
    chartering agency that describes the obligations and responsibilities of
    the school and the public chartering agency; conduct annual, timely, and
    independent audits of the school's financial statements that are filed
    with the school's authorized public chartering agency; and demonstrate
    improved student academic achievement; and (2) authorized public
    chartering agencies use increases in student academic achievement for
    all groups of students described in section 1111(b)(2)(C)(v) of the ESEA
    as the most important factor when determining to renew or revoke a
    school's charter: Provided further, That from the funds for subpart 1 of
    part D of title V of the ESEA, $12,000,000 shall be for competitive
    awards to local educational agencies located in counties in Louisiana,
    Mississippi, and Texas that were designated by the Federal Emergency
    Management Agency as counties eligible for individual assistance due to
    damage caused by Hurricanes Katrina, Ike, or Gustav: Provided further,
    That such awards shall be used to improve education in areas affected by
    such hurricanes and shall be for such activities as replacing
    instructional materials and equipment; paying teacher incentives;
    modernizing or renovating or repairing school buildings; beginning or
    expanding Advanced Placement or other rigorous courses; supporting the
    expansion of charter schools; and supporting after-school or extended
    learning time activities.

                     Safe Schools and Citizenship Education

        For carrying out activities authorized by subpart 3 of part C of
    title II, part A of title IV, and subparts 2, 3 and 10 of part D of
    title V of the Elementary and Secondary Education Act of 1965,
    $393,053,000: Provided, That $224,053,000 shall be

    [[Page 123 STAT. 3265]]

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

                          English Language Acquisition

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

                                Special Education

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

    [[Page 123 STAT. 3266]]

                 Rehabilitation Services and Disability Research

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

               Special Institutions for Persons With Disabilities

                      american printing house for the blind

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

                    national technical institute for the deaf

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

                              gallaudet university

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

                     Career, Technical, and Adult Education

        For carrying out, to the extent not otherwise provided, the Carl D.
    Perkins Career and Technical Education Act of 2006, the Adult Education
    and Family Literacy Act (``AEFLA''), subpart 4 of part D of title V of
    the Elementary and Secondary Education Act of 1965 (``ESEA'') and title
    VIII-D of the Higher Education Amendments of 1998, $2,016,447,000, of
    which $4,400,000 shall become available on October 1, 2009, and remain
    available through September 30, 2011, of which $1,221,047,000 shall
    become available on July 1, 2010, and shall remain available through
    September 30, 2011, and of which $791,000,000 shall become available on
    October 1, 2010, and shall remain available through September 30, 2011:
    Provided, That in allocating AEFLA State grants, the Secretary of
    Education shall first distribute up to $45,907,000 to those States and
    outlying areas that, due to administrative error,

    [[Page 123 STAT. 3267]]

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

                          Student Financial Assistance

                          (including deferral of funds)

        For carrying out subparts 1, 3, and 4 of part A, part C and part E
    of title IV of the Higher Education Act of 1965, $19,296,809,000, which
    shall remain available through September 30, 2011.
        The <<NOTE: 20 USC 1070a note.>> maximum Pell Grant for which a
    student shall be eligible during award year 2010-2011 shall be $4,860.

        Of the funds made available under section 401A(e)(1)(D) of the
    Higher Education Act of 1965, $561,000,000 shall not be available until
    October 1, 2010.

    [[Page 123 STAT. 3268]]

                           Student Aid Administration

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

                                Higher Education

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

    [[Page 123 STAT. 3269]]

    other program requirements similar to those specified in section 515 of
    the Federal Mine Safety and Health Act as are necessary to implement
    such a program: Provided further, That such scholarship funds may be
    used to replace a student's expected family contribution, but
    institutions accepting such scholarship funds may not use these funds to
    supplant existing institutional aid: Provided further, That the
    Secretary shall be authorized to accept contributions for such
    scholarships from private sources: Provided further, That these funds
    shall be used for scholarships for academic year 2010-2011 and may be
    available for scholarships in academic year 2011-2012: Provided further,
    That $101,507,000 shall be used for the projects, and in the amounts,
    specified under the heading ``Higher Education'' in the statement of the
    managers on the conference report accompanying this Act: provided
    further, That $17,750,000 shall be used for the programs specified under
    the ``Fund for the Improvement of Post Secondary Education'' in the
    statement of the managers in accordance with the specified sections.

                                Howard University

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

              College Housing and Academic Facilities Loans Program

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

      Historically Black College and University Capital Financing Program
                                     Account

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

                         Institute of Education Sciences

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

    [[Page 123 STAT. 3270]]

    Assistance Act may be used for State data coordinators and for awards to
    public or private organizations or agencies to improve data
    coordination, quality, and use.

                             Departmental Management

                             program administration

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

                             office for civil rights

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

                         office of the inspector general

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

                               General Provisions

        Sec. 301. No <<NOTE: Racial desegregation.>> funds appropriated in
    this Act may be used for the transportation of students or teachers (or
    for the purchase of equipment for such transportation) in order to
    overcome racial imbalance in any school or school system, or for the
    transportation of students or teachers (or for the purchase of equipment
    for such transportation) in order to carry out a plan of racial
    desegregation of any school or school system.

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

                               (transfer of funds)

        Sec. 304.  Not to exceed 1 percent of any discretionary funds
    (pursuant to the Balanced Budget and Emergency Deficit Control Act of
    1985) which are appropriated for the Department of Education in this Act
    may be transferred between appropriations, but

    [[Page 123 STAT. 3271]]

    no such appropriation shall be increased by more than 3 percent by any
    such transfer: Provided, That the transfer authority granted by this
    section shall be available only to meet emergency needs and shall not be
    used to create any new program or to fund any project or activity for
    which no funds are provided in this Act:
    Provided <<NOTE: Notification. Deadline.>> further, That the Committees
    on Appropriations of the House of Representatives and the Senate are
    notified at least 15 days in advance of any transfer.

        Sec. 305.  The Outlying Areas may consolidate funds received under
    this Act, pursuant to 48 U.S.C. 1469a, under part A of title V of the
    Elementary and Secondary Education Act.
        Sec. 306. None <<NOTE: Evaluation plan.>> of the funds made
    available in the sixth proviso under the heading ``Innovation and
    Improvement'' in this Act shall be made available for new awards under
    the Teacher Incentive Fund prior to the submission of an impact
    evaluation plan to the Committees on Appropriations of the House of
    Representatives and the Senate.

        Sec. 307.  Section 14007 of division A of the American Recovery and
    Reinvestment Act of 2009 <<NOTE: Ante, p. 284.>>  is amended--
                (1) by amending subsection (a)(3) to read as follows:
                ``(3) Purpose of awards.--The Secretary shall make awards to
            eligible entities in order to identify, document, and bring to
            scale innovative best practices based on demonstrated success,
            to allow such eligible entities to--
                        ``(A) expand their work and serve as models for best
                    practices; and
                        ``(B) work in partnership with the private sector
                    and the philanthropic community.'';
                (2) in subsection (b)--
                        (A) by redesignating paragraphs (1) through (4) as
                    paragraphs (1)(A), (1)(B), (2), and (3), respectively;
                        (B) in paragraph (1)(A), as so redesignated, by
                    inserting ``or'' after the semicolon;
                        (C) by amending paragraph (1)(B), as so
                    redesignated, to read as follows:
                ``(B) have demonstrated success in significantly increasing
            student academic achievement for all groups of students
            described in such section;''; and
                        (D) in paragraph (3), as so redesignated, by
                    striking ``they have established partnerships'' and
                    inserting ``it has established one or more
                    partnerships'';
                (3) in subsection (c), by striking ``paragraphs'' and all
            that follows through ``such requirements'' and inserting
            ``paragraphs (1)(A) or (1)(B) and (2) of subsection (b) if the
            nonprofit organization has a record of significantly improving
            student achievement, attainment, or retention and shall be
            considered to have met the requirements of subsection (b)(3) if
            it demonstrates that it will meet the requirement relating to
            private-sector matching''; and
                (4) by adding at the end a new subsection (d) to read as
            follows:

        ``(d) Subgrants.--In the case of an eligible entity that is a
    partnership described in subsection (a)(1)(B), the partner serving as
    the fiscal agent may make subgrants to one or more of the other entities
    in the partnership.''.

    [[Page 123 STAT. 3272]]

        Sec. 308.  Section 307 of the Departments of Labor, Health and Human
    Services, and Education, and Related Agencies Appropriations Act,
    2008 <<NOTE: 121 Stat. 2199.>> is amended by striking ``and 2009'' each
    place the term occurs and inserting ``through 2011''.

        Sec. 309. Section <<NOTE: Applicability. 48 USC 1921d
    note.>> 105(f)(1)(B)(ix) of the Compact of Free Association Amendments
    Act of 2003 (48 U.S.C. 1921d(f)(1)(B)(ix)) shall be applied by
    substituting ``2010'' for ``2009''.

        Sec. 310.  Section 14006(c) of division A of the American Recovery
    and Reinvestment Act of 2009 (Public Law 111-5) <<NOTE: Ante, p.
    284.>> is amended--
                (1) by inserting ``(1) In general.--'' before ``Each
            State''; and
                (2) by adding a new paragraph (2) at the end to read as
            follows:
                ``(2) Exception.--Paragraph (1) does not apply to grants
            made by the Secretary to consortia of States to develop academic
            assessments that are aligned with academic standards.''.

        This title may be cited as the ``Department of Education
    Appropriations Act, 2010''.

                                    TITLE IV

                                RELATED AGENCIES

      Committee for Purchase From People Who Are Blind or Severely Disabled

                              salaries and expenses

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

                 Corporation for National and Community Service

                               operating expenses

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

    [[Page 123 STAT. 3273]]

    national and community service, under section 126(a) of the 1990 Act and
    notwithstanding section 501(a)(5)(B) of the 1990 Act; (6) $29,000,000
    shall be available to carry out subtitle E of the 1990 Act; and (7)
    $4,000,000 shall be available for expenses authorized under section
    501(a)(4)(F) of the 1990 Act, which, notwithstanding the provisions of
    section 198P shall be awarded by the Corporation on a competitive basis
    to State commissions.

                             national service trust

                          (including transfer of funds)

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

                              salaries and expenses

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

                           office of inspector general

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

                            administrative provisions

        Sec. 401. The <<NOTE: Notice. Public comment.>> Corporation for
    National and Community Service (``the Corporation'') shall make any
    significant changes to program requirements, service delivery or policy
    only through public notice and comment rulemaking. For fiscal year 2010,
    during any grant selection process, an officer or employee of the
    Corporation shall not knowingly disclose any covered grant selection
    information regarding such selection, directly or indirectly, to any
    person other than an officer or employee of the Corporation that is
    authorized by the Corporation to receive such information.

        Sec. 402. AmeriCorps <<NOTE: Requirements. 42 USC 12571
    note.>> programs receiving grants under the National Service Trust
    program shall meet an overall minimum share requirement of 24 percent
    for the first 3 years that they receive AmeriCorps funding, and
    thereafter shall meet the overall

    [[Page 123 STAT. 3274]]

    minimum share requirement as provided in section 2521.60 of title 45,
    Code of Federal Regulations, without regard to the operating costs match
    requirement in section 121(e) or the member support Federal share
    limitations in section 140 of the National and Community Service Act of
    1990, and subject to partial waiver consistent with section 2521.70 of
    title 45, Code of Federal Regulations.

        Sec. 403.  Donations made to the Corporation for National and
    Community Service under section 196 of the National and Community
    Service Act of 1990 (``1990 Act'') for the purposes of financing
    programs and operations under titles I and II of the 1973 Act or
    subtitle B, C, D, or E of title I of the 1990 Act shall be used to
    supplement and not supplant current programs and operations.

                       Corporation for Public Broadcasting

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

    [[Page 123 STAT. 3275]]

                   Federal Mediation and Conciliation Service

                              salaries and expenses

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

                Federal Mine Safety and Health Review Commission

                              salaries and expenses

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

                    Institute of Museum and Library Services

        office of museum and library services: grants and administration

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

                      Medicare Payment Advisory Commission

                              salaries and expenses

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

    [[Page 123 STAT. 3276]]

                         National Council on Disability

                              salaries and expenses

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

                         National Labor Relations Board

                              salaries and expenses

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

                            National Mediation Board

                              salaries and expenses

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

                Occupational Safety and Health Review Commission

                              salaries and expenses

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

                            Railroad Retirement Board

                         dual benefits payments account

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

    [[Page 123 STAT. 3277]]

              federal payments to the railroad retirement accounts

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

                          limitation on administration

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

                  limitation on the office of inspector general

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

                         Social Security Administration

                     payments to social security trust funds

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

                      supplemental security income program

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

                      limitation on administrative expenses

        For necessary expenses, including the hire of two passenger motor
    vehicles, and not to exceed $45,000 for official reception and
    representation expenses, not more than $10,800,500,000 may

    [[Page 123 STAT. 3278]]

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

        In addition, $160,000,000 to be derived from administration fees in
    excess of $5.00 per supplementary payment collected pursuant to section
    1616(d) of the Social Security Act or section 212(b)(3) of Public Law
    93-66, which shall remain available until expended. To the extent that
    the amounts collected pursuant to such sections in fiscal year 2010
    exceed $160,000,000, the amounts shall be available in fiscal year 2011
    only to the extent provided in advance in appropriations Acts.
        In addition, up to $1,000,000 to be derived from fees collected
    pursuant to section 303(c) of the Social Security Protection Act, which
    shall remain available until expended.

                           office of inspector general

                          (including transfer of funds)

        For expenses necessary for the Office of Inspector General in
    carrying out the provisions of the Inspector General Act of 1978,
    $29,000,000, together with not to exceed $73,682,000, to be transferred
    and expended as authorized by section 201(g)(1) of

    [[Page 123 STAT. 3279]]

    the Social Security Act from the Federal Old-Age and Survivors Insurance
    Trust Fund and the Federal Disability Insurance Trust Fund.
        In addition, an amount not to exceed 3 percent of the total provided
    in this appropriation may be transferred from the ``Limitation on
    Administrative Expenses'', Social Security Administration, to be merged
    with this account, to be available for the time and purposes for which
    this account is available: Provided,That <<NOTE: Notice.>> notice of
    such transfers shall be transmitted promptly to the Committees on
    Appropriations of the House of Representatives and the Senate.

                                     TITLE V

                               GENERAL PROVISIONS

        Sec. 501.  The Secretaries of Labor, Health and Human Services, and
    Education are authorized to transfer unexpended balances of prior
    appropriations to accounts corresponding to current appropriations
    provided in this Act. Such transferred balances shall be used for the
    same purpose, and for the same periods of time, for which they were
    originally appropriated.
        Sec. 502.  No part of any appropriation contained in this Act shall
    remain available for obligation beyond the current fiscal year unless
    expressly so provided herein.
        Sec. 503. (a) No <<NOTE: Lobbying.>> part of any appropriation
    contained in this Act shall be used, other than for normal and
    recognized executive-legislative relationships, for publicity or
    propaganda purposes, for the preparation, distribution, or use of any
    kit, pamphlet, booklet, publication, radio, television, or video
    presentation designed to support or defeat legislation pending before
    the Congress or any State legislature, except in presentation to the
    Congress or any State legislature itself.

        (b) No part of any appropriation contained in this Act shall be used
    to pay the salary or expenses of any grant or contract recipient, or
    agent acting for such recipient, related to any activity designed to
    influence legislation or appropriations pending before the Congress or
    any State legislature.
        Sec. 504.  The Secretaries of Labor and Education are authorized to
    make available not to exceed $28,000 and $22,000, respectively, from
    funds available for salaries and expenses under titles I and III,
    respectively, for official reception and representation expenses; the
    Director of the Federal Mediation and Conciliation Service is authorized
    to make available for official reception and representation expenses not
    to exceed $5,000 from the funds available for ``Federal Mediation and
    Conciliation Service, Salaries and expenses''; and the Chairman of the
    National Mediation Board is authorized to make available for official
    reception and representation expenses not to exceed $5,000 from funds
    available for ``National Mediation Board, Salaries and expenses''.
        Sec. 505. None <<NOTE: Needle distribution.>> of the funds contained
    in this Act may be used to distribute any needle or syringe for the
    purpose of preventing the spread of blood borne pathogens in any
    location that has been determined by the local public health or local
    law enforcement authorities to be inappropriate for such distribution.

        Sec. 506.  When issuing statements, press releases, requests for
    proposals, bid solicitations and other documents describing projects or
    programs funded in whole or in part with Federal

    [[Page 123 STAT. 3280]]

    money, all grantees receiving Federal funds included in this Act,
    including but not limited to State and local governments and recipients
    of Federal research grants, shall clearly state--
                (1) the percentage of the total costs of the program or
            project which will be financed with Federal money;
                (2) the dollar amount of Federal funds for the project or
            program; and
                (3) percentage and dollar amount of the total costs of the
            project or program that will be financed by non-governmental
            sources.

        Sec. 507. (a) None <<NOTE: Abortion.>> of the funds appropriated in
    this Act, and none of the funds in any trust fund to which funds are
    appropriated in this Act, shall be expended for any abortion.

        (b) None of the funds appropriated in this Act, and none of the
    funds in any trust fund to which funds are appropriated in this Act,
    shall be expended for health benefits coverage that includes coverage of
    abortion.
        (c) <<NOTE: Definition.>> The term ``health benefits coverage''
    means the package of services covered by a managed care provider or
    organization pursuant to a contract or other arrangement.

        Sec. 508. (a) <<NOTE: Abortion.>> The limitations established in the
    preceding section shall not apply to an abortion--
                (1) if the pregnancy is the result of an act of rape or
            incest; or
                (2) in the case where a woman suffers from a physical
            disorder, physical injury, or physical illness, including a
            life-endangering physical condition caused by or arising from
            the pregnancy itself, that would, as certified by a physician,
            place the woman in danger of death unless an abortion is
            performed.

        (b) Nothing in the preceding section shall be construed as
    prohibiting the expenditure by a State, locality, entity, or private
    person of State, local, or private funds (other than a State's or
    locality's contribution of Medicaid matching funds).
        (c) Nothing in the preceding section shall be construed as
    restricting the ability of any managed care provider from offering
    abortion coverage or the ability of a State or locality to contract
    separately with such a provider for such coverage with State funds
    (other than a State's or locality's contribution of Medicaid matching
    funds).
        (d)(1) None of the funds made available in this Act may be made
    available to a Federal agency or program, or to a State or local
    government, if such agency, program, or government subjects any
    institutional or individual health care entity to discrimination on the
    basis that the health care entity does not provide, pay for, provide
    coverage of, or refer for abortions.
        (2) In this subsection, the term ``health care entity'' includes an
    individual physician or other health care professional, a hospital, a
    provider-sponsored organization, a health maintenance organization, a
    health insurance plan, or any other kind of health care facility,
    organization, or plan.
        Sec. 509. (a) None <<NOTE: Human embryos.>> of the funds made
    available in this Act may be used for--
                (1) the creation of a human embryo or embryos for research
            purposes; or
                (2) research in which a human embryo or embryos are
            destroyed, discarded, or knowingly subjected to risk of injury
            or death greater than that allowed for research on fetuses

    [[Page 123 STAT. 3281]]

            in utero under 45 CFR 46.204(b) and section 498(b) of the Public
            Health Service Act (42 U.S.C. 289g(b)).

        (b) <<NOTE: Definition.>> For purposes of this section, the term
    ``human embryo or embryos'' includes any organism, not protected as a
    human subject under 45 CFR 46 as of the date of the enactment of this
    Act, that is derived by fertilization, parthenogenesis, cloning, or any
    other means from one or more human gametes or human diploid cells.

        Sec. 510. (a) <<NOTE: Drugs and drug abuse.>> None of the funds made
    available in this Act may be used for any activity that promotes the
    legalization of any drug or other substance included in schedule I of
    the schedules of controlled substances established under section 202 of
    the Controlled Substances Act except for normal and recognized
    executive-congressional communications.

        (b) The limitation in subsection (a) shall not apply when there is
    significant medical evidence of a therapeutic advantage to the use of
    such drug or other substance or that federally sponsored clinical trials
    are being conducted to determine therapeutic advantage.
        Sec. 511. None <<NOTE: Health and health care.>> of the funds made
    available in this Act may be used to promulgate or adopt any final
    standard under section 1173(b) of the Social Security Act providing for,
    or providing for the assignment of, a unique health identifier for an
    individual (except in an individual's capacity as an employer or a
    health care provider), until legislation is enacted specifically
    approving the standard.

        Sec. 512. None <<NOTE: Contracts.>> of the funds made available in
    this Act may be obligated or expended to enter into or renew a contract
    with an entity if--
                (1) such entity is otherwise a contractor with the United
            States and is subject to the requirement in 38 U.S.C. 4212(d)
            regarding submission of an annual report to the Secretary of
            Labor concerning employment of certain veterans; and
                (2) such <<NOTE: Reports.>> entity has not submitted a
            report as required by that section for the most recent year for
            which such requirement was applicable to such entity.

        Sec. 513.  None of the funds made available in this Act may be
    transferred to any department, agency, or instrumentality of the United
    States Government, except pursuant to a transfer made by, or transfer
    authority provided in, this Act or any other appropriation Act.
        Sec. 514. None <<NOTE: Certifications.>> of the funds made available
    by this Act to carry out the Library Services and Technology Act may be
    made available to any library covered by paragraph (1) of section 224(f)
    of such Act, as amended by the Children's Internet Protection Act,
    unless such library has made the certifications required by paragraph
    (4) of such section.

        Sec. 515. None <<NOTE: Certifications.>> of the funds made available
    by this Act to carry out part D of title II of the Elementary and
    Secondary Education Act of 1965 may be made available to any elementary
    or secondary school covered by paragraph (1) of section 2441(a) of such
    Act, as amended by the Children's Internet Protection Act and the No
    Child Left Behind Act, unless the local educational agency with
    responsibility for such covered school has made the certifications
    required by paragraph (2) of such section.

        Sec. 516. (a) <<NOTE: Notifications. Deadlines.>> None of the funds
    provided under this Act, or provided under previous appropriations Acts
    to the agencies funded

    [[Page 123 STAT. 3282]]

    by this Act that remain available for obligation or expenditure in
    fiscal year 2010, or provided from any accounts in the Treasury of the
    United States derived by the collection of fees available to the
    agencies funded by this Act, shall be available for obligation or
    expenditure through a reprogramming of funds that--
                (1) creates new programs;
                (2) eliminates a program, project, or activity;
                (3) increases funds or personnel by any means for any
            project or activity for which funds have been denied or
            restricted;
                (4) relocates an office or employees;
                (5) reorganizes or renames offices;
                (6) reorganizes programs or activities; or
                (7) contracts out or privatizes any functions or activities
            presently performed by Federal employees;

    unless the Committees on Appropriations of the House of Representatives
    and the Senate are notified 15 days in advance of such reprogramming or
    of an announcement of intent relating to such reprogramming, whichever
    occurs earlier.
        (b) None of the funds provided under this Act, or provided under
    previous appropriations Acts to the agencies funded by this Act that
    remain available for obligation or expenditure in fiscal year 2010, or
    provided from any accounts in the Treasury of the United States derived
    by the collection of fees available to the agencies funded by this Act,
    shall be available for obligation or expenditure through a reprogramming
    of funds in excess of $500,000 or 10 percent, whichever is less, that--
                (1) augments existing programs, projects (including
            construction projects), or activities;
                (2) reduces by 10 percent funding for any existing program,
            project, or activity, or numbers of personnel by 10 percent as
            approved by Congress; or
                (3) results from any general savings from a reduction in
            personnel which would result in a change in existing programs,
            activities, or projects as approved by Congress;

    unless the Committees on Appropriations of the House of Representatives
    and the Senate are notified 15 days in advance of such reprogramming or
    of an announcement of intent relating to such reprogramming, whichever
    occurs earlier.
        Sec. 517. (a) <<NOTE: Political disclosures.>> None of the funds
    made available in this Act may be used to request that a candidate for
    appointment to a Federal scientific advisory committee disclose the
    political affiliation or voting history of the candidate or the position
    that the candidate holds with respect to political issues not directly
    related to and necessary for the work of the committee involved.

        (b) <<NOTE: Scientific information.>> None of the funds made
    available in this Act may be used to disseminate scientific information
    that is deliberately false or misleading.

        Sec. 518. Within <<NOTE: Deadline. Operating plan.>> 45 days of
    enactment of this Act, each department and related agency funded through
    this Act shall submit an operating plan that details at the program,
    project, and activity level any funding allocations for fiscal year 2010
    that are different than those specified in this Act, the accompanying
    detailed table in the statement of the managers on the conference report
    accompanying this Act, or the fiscal year 2010 budget request.

    [[Page 123 STAT. 3283]]

        Sec. 519. The <<NOTE: Reports.>> Secretaries of Labor, Health and
    Human Services, and Education shall each prepare and submit to the
    Committees on Appropriations of the House of Representatives and the
    Senate a report on the number and amount of contracts, grants, and
    cooperative agreements exceeding $500,000 in value and awarded by the
    Department on a non-competitive basis during each quarter of fiscal year
    2010, but not to include grants awarded on a formula basis or directed
    by law. Such report shall include the name of the contractor or grantee,
    the amount of funding, the governmental purpose, including a
    justification for issuing the award on a non-competitive basis.
    Such <<NOTE: Deadline.>> report shall be transmitted to the Committees
    within 30 days after the end of the quarter for which the report is
    submitted.

        Sec. 520.  Section 8103(b) of Public Law <<NOTE: 29 USC 206
    note.>> 110-28 is amended--
                (1) in paragraph (1)(B), by inserting before the semicolon
            the following: ``, except that, beginning in 2010 and each year
            thereafter, such increase shall occur on September 30''; and
                (2) in paragraph (2)(C), by inserting before the period the
            following: ``, except that, beginning in 2010 and each year
            thereafter, such increase shall occur on September 30''.

        Sec. 521. None <<NOTE: Claims.>> of the funds appropriated in this
    Act shall be expended or obligated by the Commissioner of Social
    Security, for purposes of administering Social Security benefit payments
    under title II of the Social Security Act, to process any claim for
    credit for a quarter of coverage based on work performed under a social
    security account number that is not the claimant's number and the
    performance of such work under such number has formed the basis for a
    conviction of the claimant of a violation of section 208(a)(6) or (7) of
    the Social Security Act.

        Sec. 522. None <<NOTE: Mexico.>> of the funds appropriated by this
    Act may be used by the Commissioner of Social Security or the Social
    Security Administration to pay the compensation of employees of the
    Social Security Administration to administer Social Security benefit
    payments, under any agreement between the United States and Mexico
    establishing totalization arrangements between the social security
    system established by title II of the Social Security Act and the social
    security system of Mexico, which would not otherwise be payable but for
    such agreement.

        Sec. 523.  None of the funds made available in this Act may be used
    in contravention of title IV of the Personal Responsibility and Work
    Opportunity Reconciliation Act of 1996 (8 U.S.C. 1611 et seq.).
        Sec. 524. (a) In General.--Strike subparagraphs (B) and (C) that
    appear within section 426(b) of division J of the Consolidated
    Appropriations Act, 2005 (Public Law 108-447) <<NOTE: 8 USC 1356.>> and
    insert the following:
                        ``(B) Secretary of homeland security.--One-third of
                    the amounts deposited into the Fraud Prevention and
                    Detection Account shall remain available to the
                    Secretary of Homeland Security until expended for
                    programs and activities to prevent and detect
                    immigration benefit fraud, including fraud with respect
                    to petitions filed under paragraph (1) or (2)(A) of
                    section 214(c) to grant an alien nonimmigrant status
                    described in subparagraph (H) or (L) of section
                    101(a)(15).
                        ``(C) Secretary of labor.--One-third of the amounts
                    deposited into the Fraud Prevention and Detection
                    Account

    [[Page 123 STAT. 3284]]

                    shall remain available to the Secretary of Labor until
                    expended for wage and hour enforcement programs and
                    activities otherwise authorized to be conducted by the
                    Secretary of Labor that focus on industries likely to
                    employ nonimmigrants, including enforcement programs and
                    activities described in section 212(n) and enforcement
                    programs and activities related to section
                    214(c)(14)(A)(i).''

        (b) Effective Date.--The amendment made by subsection (a) shall take
    effect on the date of the enactment of this Act.
        Sec. 525. None <<NOTE: 8 USC 1356 note.>> of the funds made
    available in this Act may be used for first-class travel by the
    employees of agencies funded by this Act in contravention of sections
    301-10.124 of title 41, Code of Federal Regulations.

        Sec. 526. Specific <<NOTE: Earmarks.>> projects contained in the
    report of the Committee on Appropriations of the House of
    Representatives accompanying this Act (H. Rept. 111-220) that are
    considered congressional earmarks for purposes of clause 9 of rule XXI
    of the Rules of the House of Representatives, when intended to be
    awarded to a for-profit entity, shall be awarded under a full and open
    competition.

        Sec. 527. None <<NOTE: Contracts. Certification.>> of the funds
    appropriated or otherwise made available by this Act may be used to
    enter into a contract in an amount greater than $5,000,000 or to award a
    grant in excess of such amount unless the prospective contractor or
    grantee certifies in writing to the agency awarding the contract or
    grant that, to the best of its knowledge and belief, the contractor or
    grantee has filed all Federal tax returns required during the three
    years preceding the certification, has not been convicted of a criminal
    offense under the Internal Revenue Code of 1986, and has not, more than
    90 days prior to certification, been notified of any unpaid Federal tax
    assessment for which the liability remains unsatisfied, unless the
    assessment is the subject of an installment agreement or offer in
    compromise that has been approved by the Internal Revenue Service and is
    not in default, or the assessment is the subject of a non-frivolous
    administrative or judicial proceeding.

        This division may be cited as the ``Departments of Labor, Health and
    Human Services, and Education, and Related Agencies Appropriations Act,
    2010''.

      DIVISION E-- <<NOTE: Military Construction and Veterans Affairs and
     Related Agencies Appropriations Act, 2010.>> MILITARY CONSTRUCTION AND
    VETERANS AFFAIRS AND RELATED AGENCIES APPROPRIATIONS ACT, 2010

                                     TITLE I

                              DEPARTMENT OF DEFENSE

                           Military Construction, Army

        For acquisition, construction, installation, and equipment of
    temporary or permanent public works, military installations, facilities,
    and real property for the Army as currently authorized by law, including
    personnel in the Army Corps of Engineers and other personal services
    necessary for the purposes of this appropriation, and for construction
    and operation of facilities in support of the functions of the Commander
    in Chief, $3,719,419,000, to remain available until September 30, 2014,
    of which $350,000,000 shall be for trainee troop housing
    facilities: <<NOTE: Determination. Notification.>> Provided, That of
    this amount,

    [[Page 123 STAT. 3285]]

    not to exceed $200,519,000 shall be available for study, planning,
    design, architect and engineer services, and host nation support, as
    authorized by law, unless the Secretary of the Army determines that
    additional obligations are necessary for such purposes and notifies the
    Committees on Appropriations of both Houses of Congress of the
    determination and the reasons <<NOTE: Deadline. Expenditure
    plan.>> therefor: Provided further, That, not later than 30 days after
    the date of the enactment of this Act, the Secretary of the Army shall
    submit to the Committees on Appropriations of both Houses of Congress an
    expenditure plan for the funds provided for trainee troop housing
    facilities:  Provided further, That the amount appropriated in this
    paragraph shall be for the projects and activities, and in the amounts,
    specified under the heading ``Military Construction, Army'' and under
    the headings ``Army'' in the table entitled ``Military Construction'' in
    the explanatory statement of managers to accompany this Act.

                  Military Construction, Navy and Marine Corps

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

                        Military Construction, Air Force

                         (including rescission of funds)

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

    [[Page 123 STAT. 3286]]

    to accompany this Act: Provided further, That of the funds appropriated
    for ``Military Construction, Air Force'' under Public Law 110-329,
    $37,500,000 are hereby rescinded.

                       Military Construction, Defense-Wide

                  (including transfer and rescission of funds)

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

                   Military Construction, Army National Guard

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

    [[Page 123 STAT. 3287]]

    requirements:  Provided further, That the amount appropriated in this
    paragraph shall be for the projects and activities, and in the amounts,
    specified under the heading ``Military Construction, Army National
    Guard'' and under the headings ``Army National Guard'' in the table
    entitled ``Military Construction'' in the explanatory statement of
    managers to accompany this Act.

                    Military Construction, Air National Guard

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

                       Military Construction, Army Reserve

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

    [[Page 123 STAT. 3288]]

                       Military Construction, Navy Reserve

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

                    Military Construction, Air Force Reserve

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

    [[Page 123 STAT. 3289]]

                       North Atlantic Treaty Organization

                           Security Investment Program

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

                        Family Housing Construction, Army

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

                 Family Housing Operation and Maintenance, Army

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

               Family Housing Construction, Navy and Marine Corps

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

         Family Housing Operation and Maintenance, Navy and Marine Corps

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

                     Family Housing Construction, Air Force

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

    [[Page 123 STAT. 3290]]

    Housing Construction, Air Force'' in the table entitled ``Military
    Construction'' in the explanatory statement of managers to accompany
    this Act.

               Family Housing Operation and Maintenance, Air Force

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

                    Family Housing Construction, Defense-Wide

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

             Family Housing Operation and Maintenance, Defense-Wide

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

              Department of Defense Family Housing Improvement Fund

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

                           Homeowners Assistance Fund

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

              Chemical Demilitarization Construction, Defense-Wide

        For expenses of construction, not otherwise provided for, necessary
    for the destruction of the United States stockpile of lethal chemical
    agents and munitions in accordance with section 1412 of the Department
    of Defense Authorization Act, 1986 (50 U.S.C. 1521), and for the
    destruction of other chemical warfare materials that are not in the
    chemical weapon stockpile, as currently authorized by law, $151,541,000,
    to remain available until September 30, 2014, which shall be only for
    the Assembled Chemical Weapons Alternatives program: Provided, That the
    amount appropriated in

    [[Page 123 STAT. 3291]]

    this paragraph shall be for the projects and activities, and in the
    amounts, specified under the headings ``Chemical Demilitarization
    Construction, Defense-Wide'' in the table entitled ``Military
    Construction'' in the explanatory statement of managers to accompany
    this Act.

                 Department of Defense Base Closure Account 1990

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

                 Department of Defense Base Closure Account 2005

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

                            Administrative Provisions

        Sec. 101. None <<NOTE: Contracts.>> of the funds made available in
    this title shall be expended for payments under a cost-plus-a-fixed-fee
    contract for construction, where cost estimates exceed $25,000, to be
    performed within the United States, except Alaska, without the specific
    approval in writing of the Secretary of Defense setting forth the
    reasons therefor.

        Sec. 102.  Funds made available in this title for construction shall
    be available for hire of passenger motor vehicles.
        Sec. 103. Funds <<NOTE: Certification.>> made available in this
    title for construction may be used for advances to the Federal Highway
    Administration, Department of Transportation, for the construction of
    access roads as authorized by section 210 of title 23, United States
    Code, when projects authorized therein are certified as important to the
    national defense by the Secretary of Defense.

        Sec. 104.  None of the funds made available in this title may be
    used to begin construction of new bases in the United States for which
    specific appropriations have not been made.
        Sec. 105.  None of the funds made available in this title shall be
    used for purchase of land or land easements in excess of 100 percent of
    the value as determined by the Army Corps of Engineers or the Naval
    Facilities Engineering Command, except: (1) where there is a
    determination of value by a Federal court; (2) purchases negotiated by
    the Attorney General or the designee of the Attorney General; (3) where
    the estimated value is less than $25,000; or (4) as otherwise determined
    by the Secretary of Defense to be in the public interest.

    [[Page 123 STAT. 3292]]

        Sec. 106.  None of the funds made available in this title shall be
    used to: (1) acquire land; (2) provide for site preparation; or (3)
    install utilities for any family housing, except housing for which funds
    have been made available in annual Acts making appropriations for
    military construction.
        Sec. 107. None <<NOTE: Notification.>> of the funds made available
    in this title for minor construction may be used to transfer or relocate
    any activity from one base or installation to another, without prior
    notification to the Committees on Appropriations of both Houses of
    Congress.

        Sec. 108. None <<NOTE: Steel.>> of the funds made available in this
    title may be used for the procurement of steel for any construction
    project or activity for which American steel producers, fabricators, and
    manufacturers have been denied the opportunity to compete for such steel
    procurement.

        Sec. 109.  None of the funds available to the Department of Defense
    for military construction or family housing during the current fiscal
    year may be used to pay real property taxes in any foreign nation.
        Sec. 110. None <<NOTE: Notification.>> of the funds made available
    in this title may be used to initiate a new installation overseas
    without prior notification to the Committees on Appropriations of both
    Houses of Congress.

        Sec. 111. None <<NOTE: Contracts. Japan.>> of the funds made
    available in this title may be obligated for architect and engineer
    contracts estimated by the Government to exceed $500,000 for projects to
    be accomplished in Japan, in any North Atlantic Treaty Organization
    member country, or in countries bordering the Arabian Sea, unless such
    contracts are awarded to United States firms or United States firms in
    joint venture with host nation firms.

        Sec. 112. None <<NOTE: Contracts. Kwajalein Atoll.>> of the funds
    made available in this title for military construction in the United
    States territories and possessions in the Pacific and on Kwajalein
    Atoll, or in countries bordering the Arabian Sea, may be used to award
    any contract estimated by the Government to exceed $1,000,000 to a
    foreign contractor: Provided, That this section shall not be applicable
    to contract awards for which the lowest responsive and responsible bid
    of a United States contractor exceeds the lowest responsive and
    responsible bid of a foreign contractor by greater than 20 percent:
    Provided further, That this section shall not apply to contract awards
    for military construction on Kwajalein Atoll for which the lowest
    responsive and responsible bid is submitted by a Marshallese contractor.

        Sec. 113. The <<NOTE: Notification. Military
    exercise. Deadline.>> Secretary of Defense is to inform the appropriate
    committees of both Houses of Congress, including the Committees on
    Appropriations, of the plans and scope of any proposed military exercise
    involving United States personnel 30 days prior to its occurring, if
    amounts expended for construction, either temporary or permanent, are
    anticipated to exceed $100,000.

        Sec. 114.  Not more than 20 percent of the funds made available in
    this title which are limited for obligation during the current fiscal
    year shall be obligated during the last two months of the fiscal year.
        Sec. 115.  Funds appropriated to the Department of Defense for
    construction in prior years shall be available for construction
    authorized for each such military department by the authorizations
    enacted into law during the current session of Congress.

    [[Page 123 STAT. 3293]]

        Sec. 116.  For military construction or family housing projects that
    are being completed with funds otherwise expired or lapsed for
    obligation, expired or lapsed funds may be used to pay the cost of
    associated supervision, inspection, overhead, engineering and design on
    those projects and on subsequent claims, if any.
        Sec. 117.  Notwithstanding any other provision of law, any funds
    made available to a military department or defense agency for the
    construction of military projects may be obligated for a military
    construction project or contract, or for any portion of such a project
    or contract, at any time before the end of the fourth fiscal year after
    the fiscal year for which funds for such project were made available, if
    the funds obligated for such project: (1) are obligated from funds
    available for military construction projects; and (2) do not exceed the
    amount appropriated for such project, plus any amount by which the cost
    of such project is increased pursuant to law.
        Sec. 118. (a) <<NOTE: Deadline. Reports. Classified information. 22
    USC 1928 note.>> The Secretary of Defense, in consultation with the
    Secretary of State, shall submit to the Committees on Appropriations of
    both Houses of Congress, by February 15 of each year, an annual report
    in unclassified and, if necessary, classified form, on actions taken by
    the Department of Defense and the Department of State during the
    previous fiscal year to encourage host countries to assume a greater
    share of the common defense burden of such countries and the United
    States.

        (b) The report under subsection (a) shall include a description of--
                (1) attempts to secure cash and in-kind contributions from
            host countries for military construction projects;
                (2) attempts to achieve economic incentives offered by host
            countries to encourage private investment for the benefit of the
            United States Armed Forces;
                (3) attempts to recover funds due to be paid to the United
            States by host countries for assets deeded or otherwise imparted
            to host countries upon the cessation of United States operations
            at military installations;
                (4) the amount spent by host countries on defense, in
            dollars and in terms of the percent of gross domestic product
            (GDP) of the host country; and
                (5) for host countries that are members of the North
            Atlantic Treaty Organization (NATO), the amount contributed to
            NATO by host countries, in dollars and in terms of the percent
            of the total NATO budget.

        (c) In <<NOTE: Definition.>> this section, the term ``host country''
    means other member countries of NATO, Japan, South Korea, and United
    States allies bordering the Arabian Sea.

                          (including transfer of funds)

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

    [[Page 123 STAT. 3294]]

    with, and to be available for the same purposes and the same time period
    as that account.

                          (including transfer of funds)

        Sec. 120. Subject <<NOTE: Deadlines. Notifications.>> to 30 days
    prior notification, or 14 days for a notification provided in an
    electronic medium pursuant to sections 480 and 2883, of title 10, United
    States Code, to the Committees on Appropriations of both Houses of
    Congress, such additional amounts as may be determined by the Secretary
    of Defense may be transferred to: (1) the Department of Defense Family
    Housing Improvement Fund from amounts appropriated for construction in
    ``Family Housing'' accounts, to be merged with and to be available for
    the same purposes and for the same period of time as amounts
    appropriated directly to the Fund; or (2) the Department of Defense
    Military Unaccompanied Housing Improvement Fund from amounts
    appropriated for construction of military unaccompanied housing in
    ``Military Construction'' accounts, to be merged with and to be
    available for the same purposes and for the same period of time as
    amounts appropriated directly to the Fund: Provided, That appropriations
    made available to the Funds shall be available to cover the costs, as
    defined in section 502(5) of the Congressional Budget Act of 1974, of
    direct loans or loan guarantees issued by the Department of Defense
    pursuant to the provisions of subchapter IV of chapter 169 of title 10,
    United States Code, pertaining to alternative means of acquiring and
    improving military family housing, military unaccompanied housing, and
    supporting facilities.

        Sec. 121. (a) <<NOTE: Deadline. Contracts. Notice.>> Not later than
    60 days before issuing any solicitation for a contract with the private
    sector for military family housing the Secretary of the military
    department concerned shall submit to the Committees on Appropriations of
    both Houses of Congress the notice described in subsection (b).

        (b)(1) A notice referred to in subsection (a) is a notice of any
    guarantee (including the making of mortgage or rental payments) proposed
    to be made by the Secretary to the private party under the contract
    involved in the event of--
                (A) the closure or realignment of the installation for which
            housing is provided under the contract;
                (B) a reduction in force of units stationed at such
            installation; or
                (C) the extended deployment overseas of units stationed at
            such installation.

        (2) Each notice under this subsection shall specify the nature of
    the guarantee involved and assess the extent and likelihood, if any, of
    the liability of the Federal Government with respect to the guarantee.

                          (including transfer of funds)

        Sec. 122.  In addition to any other transfer authority available to
    the Department of Defense, amounts may be transferred from the accounts
    established by sections 2906(a)(1) and 2906A(a)(1) of the Defense Base
    Closure and Realignment Act of 1990 (10 U.S.C. 2687 note), to the fund
    established by section 1013(d) of the Demonstration Cities and
    Metropolitan Development Act of 1966 (42 U.S.C. 3374) to pay for
    expenses associated with the Homeowners Assistance Program incurred
    under 42 U.S.C.

    [[Page 123 STAT. 3295]]

    3374(a)(1)(A). Any amounts transferred shall be merged with and be
    available for the same purposes and for the same time period as the fund
    to which transferred.
        Sec. 123. Notwithstanding <<NOTE: 10 USC 2821 note.>> any other
    provision of law, funds made available in this title for operation and
    maintenance of family housing shall be the exclusive source of funds for
    repair and maintenance of all family housing units, including general or
    flag officer quarters: <<NOTE: Deadlines. Notifications.>> Provided,
    That not more than $35,000 per unit may be spent annually for the
    maintenance and repair of any general or flag officer quarters without
    30 days prior notification, or 14 days for a notification provided in an
    electronic medium pursuant to sections 480 and 2883 of title 10, United
    States Code, to the Committees on Appropriations of both Houses of
    Congress, except that an after-the-fact notification shall be submitted
    if the limitation is exceeded solely due to costs associated with
    environmental remediation that could not be reasonably anticipated at
    the time of the budget submission: <<NOTE: Reports. Deadline.>> Provided
    further, That the Under Secretary of Defense (Comptroller) is to report
    annually to the Committees on Appropriations of both Houses of Congress
    all operation and maintenance expenditures for each individual general
    or flag officer quarters for the prior fiscal year.

        Sec. 124.  Amounts contained in the Ford Island Improvement Account
    established by subsection (h) of section 2814 of title 10, United States
    Code, are appropriated and shall be available until expended for the
    purposes specified in subsection (i)(1) of such section or until
    transferred pursuant to subsection (i)(3) of such section.

                          (including transfer of funds)

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

    [[Page 123 STAT. 3296]]

    or environmental quality: Provided,
    That <<NOTE: Notification. Deadline.>>  the Secretary of Defense shall
    notify the congressional defense committees within seven days of a
    decision to carry out such a military construction project.

                          (including transfer of funds)

        Sec. 126. During <<NOTE: Time period. Determination.>> the 5-year
    period after appropriations available in this Act to the Department of
    Defense for military construction and family housing operation and
    maintenance and construction have expired for obligation, upon a
    determination that such appropriations will not be necessary for the
    liquidation of obligations or for making authorized adjustments to such
    appropriations for obligations incurred during the period of
    availability of such appropriations, unobligated balances of such
    appropriations may be transferred into the appropriation ``Foreign
    Currency Fluctuations, Construction, Defense'', to be merged with and to
    be available for the same time period and for the same purposes as the
    appropriation to which transferred.

        Sec. 127. None <<NOTE: Colorado.>> of the funds appropriated or
    otherwise made available in this title may be used for any action that
    is related to or promotes the expansion of the boundaries or size of the
    Pinon Canyon Maneuver Site, Colorado.

        Sec. 128.  Amounts appropriated or otherwise made available in an
    account funded under the headings in this title may be transferred among
    projects and activities within the account in accordance with the
    reprogramming guidelines for military construction and family housing
    construction contained in the explanatory statement of managers to
    accompany this Act and in the guidance for military construction
    reprogrammings and notifications contained in Department of Defense
    Financial Management Regulation 7000.14-R, Volume 3, Chapter 7, of
    December 1996, as in effect on the date of enactment of this Act.
        Sec. 129.  Of the funds made available in this title, the following
    accounts are hereby reduced in the following amounts to reflect adjusted
    inflation and bid savings projections: ``Military Construction, Army'',
    $230,000,000; ``Military Construction, Navy and Marine Corps'',
    $235,000,000; and ``Military Construction, Air Force'', $64,091,000.
        Sec. 130.  Of the funds made available under the following headings
    in Public Law 110-329, the following amounts associated with unobligated
    balances are hereby rescinded: ``Military Construction, Army'',
    $33,000,000; ``Military Construction, Navy and Marine Corps'',
    $51,468,000; ``Military Construction, Defense-Wide'', $93,268,000;
    ``Military Construction, Army National Guard'', $33,000,000; and
    ``Military Construction, Air National Guard'', $7,000,000.

    [[Page 123 STAT. 3297]]

                                    TITLE II

                         DEPARTMENT OF VETERANS AFFAIRS

                        Veterans Benefits Administration

                            compensation and pensions

                          (including transfer of funds)

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

                              readjustment benefits

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

                       veterans insurance and indemnities

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

    [[Page 123 STAT. 3298]]

                      veterans housing benefit program fund

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

                 vocational rehabilitation loans program account

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

              native american veteran housing loan program account

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

      guaranteed transitional housing loans for homeless veterans program
                                     account

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

                         Veterans Health Administration

                                medical services

                          (including transfer of funds)

        For necessary expenses for furnishing, as authorized by law,
    inpatient and outpatient care and treatment to beneficiaries of the
    Department of Veterans Affairs and veterans described in section 1705(a)
    of title 38, United States Code, including care and treatment in
    facilities not under the jurisdiction of the Department, and including
    medical supplies and equipment, food services, and salaries and expenses
    of health care employees hired under title 38, United States Code, and
    aid to State homes as authorized by section 1741 of title 38, United
    States Code; $71,843,500,000,

    [[Page 123 STAT. 3299]]

    plus reimbursements, of which $37,136,000,000 shall become available on
    October 1, 2010, and shall remain available until September 30, 2011:
    Provided, That, of the amount made available under this heading for
    fiscal year 2010, not to exceed $1,015,000,000 shall remain available
    until September 30, 2011: <<NOTE: Priorities.>>  Provided further, That,
    notwithstanding any other provision of law, the Secretary of Veterans
    Affairs shall establish a priority for the provision of medical
    treatment for veterans who have service-connected disabilities, lower
    income, or have special needs: <<NOTE: Priorities.>> Provided further,
    That, notwithstanding any other provision of law, the Secretary of
    Veterans Affairs shall give priority funding for the provision of basic
    medical benefits to veterans in enrollment priority groups 1 through 6:
    Provided <<NOTE: Drugs and drug abuse. Requirements.>> further, That,
    notwithstanding any other provision of law, the Secretary of Veterans
    Affairs may authorize the dispensing of prescription drugs from Veterans
    Health Administration facilities to enrolled veterans with privately
    written prescriptions based on requirements established by the
    Secretary: Provided further, That the implementation of the program
    described in the previous proviso shall incur no additional cost to the
    Department of Veterans Affairs: Provided further, That for the
    Department of Defense/Department of Veterans Affairs Health Care Sharing
    Incentive Fund, as authorized by section 8111(d) of title 38, United
    States Code, a minimum of $15,000,000 shall remain available until
    expended for any purpose authorized by section 8111 of title 38, United
    States Code.

                         medical support and compliance

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

                               medical facilities

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

    [[Page 123 STAT. 3300]]

    available under this heading for fiscal year 2010, not to exceed
    $145,000,000 shall remain available until September 30, 2011: Provided
    further, That, of the amount available for fiscal year 2010,
    $130,000,000 for non-recurring maintenance shall be allocated in a
    manner not subject to the Veterans Equitable Resource Allocation.

                         medical and prosthetic research

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

                        National Cemetery Administration

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

                           Departmental Administration

                           general operating expenses

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

                         information technology systems

        For necessary expenses for information technology systems and
    telecommunications support, including developmental information

    [[Page 123 STAT. 3301]]

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

                           office of inspector general

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

                          construction, major projects

        For constructing, altering, extending, and improving any of the
    facilities, including parking projects, under the jurisdiction or for
    the use of the Department of Veterans Affairs, or for any of the
    purposes set forth in sections 316, 2404, 2406, 8102, 8103, 8106, 8108,
    8109, 8110, and 8122 of title 38, United States Code, including
    planning, architectural and engineering services, construction
    management services, maintenance or guarantee period services costs
    associated with equipment guarantees provided under the project,
    services of claims analysts, offsite utility and storm drainage system
    construction costs, and site acquisition, where the estimated cost of a
    project is more than the amount set forth in section 8104(a)(3)(A) of
    title 38, United States Code, or where funds for a project were made
    available in a previous major project appropriation, $1,194,000,000, to
    remain available until expended, of which $16,000,000 shall be to make
    reimbursements as provided in section 13 of the Contract Disputes Act of
    1978 (41 U.S.C. 612) for claims paid for contract disputes: Provided,

    [[Page 123 STAT. 3302]]

    That except for advance planning activities, including needs assessments
    which may or may not lead to capital investments, and other capital
    asset management related activities, including portfolio development and
    management activities, and investment strategy studies funded through
    the advance planning fund and the planning and design activities funded
    through the design fund, including needs assessments which may or may
    not lead to capital investments, and funds provided for the purchase of
    land for the National Cemetery Administration through the land
    acquisition line item, none of the funds made available under this
    heading shall be used for any project which has not been approved by the
    Congress in the budgetary <<NOTE: Contracts. Deadlines.>> process:
    Provided further, That funds made available under this heading for
    fiscal year 2010, for each approved project shall be obligated: (1) by
    the awarding of a construction documents contract by September 30, 2010;
    and (2) by the awarding of a construction contract by September 30,
    2011: Provided further, That <<NOTE: Reports.>>  the Secretary of
    Veterans Affairs shall promptly submit to the Committees on
    Appropriations of both Houses of Congress a written report on any
    approved major construction project for which obligations are not
    incurred within the time limitations established above: Provided
    further, That of the funds made available under this heading,
    $933,030,000 shall be for the projects and activities, and in the
    amounts, specified under this heading in the explanatory statement of
    managers to accompany this Act.

                          construction, minor projects

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

            grants for construction of state extended care facilities

        For grants to assist States to acquire or construct State nursing
    home and domiciliary facilities and to remodel, modify, or alter
    existing hospital, nursing home, and domiciliary facilities in State
    homes, for furnishing care to veterans as authorized by sections

    [[Page 123 STAT. 3303]]

    8131 through 8137 of title 38, United States Code, $100,000,000, to
    remain available until expended.

              grants for construction of state veterans cemeteries

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

                            Administrative Provisions

                          (including transfer of funds)

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

                          (including transfer of funds)

        Sec. 202.  Amounts made available for the Department of Veterans
    Affairs for fiscal year 2010, in this Act or any other Act, under the
    ``Medical services'', ``Medical support and compliance'', and ``Medical
    facilities'' accounts may be transferred among the
    accounts: <<NOTE: Notification.>> Provided, That any transfers between
    the ``Medical services'' and ``Medical support and compliance'' accounts
    of 1 percent or less of the total amount appropriated to the account in
    this or any other Act may take place subject to notification from the
    Secretary of Veterans Affairs to the Committees on Appropriations of
    both Houses of Congress of the amount and purpose of the transfer:
    Provided further, That any transfers between the ``Medical services''
    and ``Medical support and compliance'' accounts in excess of 1 percent,
    or exceeding the cumulative 1 percent for the fiscal year, may take
    place only after the Secretary requests from the Committees on
    Appropriations of both Houses of Congress the authority to make the
    transfer and an approval is issued: Provided further, That any transfers
    to or from the ``Medical facilities'' account may take place only after
    the Secretary requests from the Committees on Appropriations of both
    Houses of Congress the authority to make the transfer and an approval is
    issued.

        Sec. 203.  Appropriations available in this title for salaries and
    expenses shall be available for services authorized by section 3109 of
    title 5, United States Code, hire of passenger motor vehicles; lease of
    a facility or land or both; and uniforms or allowances therefore, as
    authorized by sections 5901 through 5902 of title 5, United States Code.
        Sec. 204.  No appropriations in this title (except the
    appropriations for ``Construction, major projects'', and ``Construction,
    minor projects'') shall be available for the purchase of any site for or
    toward the construction of any new hospital or home.

    [[Page 123 STAT. 3304]]

        Sec. 205.  No appropriations in this title shall be available for
    hospitalization or examination of any persons (except beneficiaries
    entitled to such hospitalization or examination under the laws providing
    such benefits to veterans, and persons receiving such treatment under
    sections 7901 through 7904 of title 5, United States Code, or the Robert
    T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121
    et seq.)), unless reimbursement of the cost of such hospitalization or
    examination is made to the ``Medical services'' account at such rates as
    may be fixed by the Secretary of Veterans Affairs.
        Sec. 206. Appropriations available in this title for ``Compensation
    and pensions'', ``Readjustment benefits'', and ``Veterans insurance and
    indemnities'' shall be available for payment of prior year accrued
    obligations required to be recorded by law against the corresponding
    prior year accounts within the last quarter of fiscal year 2009.
        Sec. 207.  Appropriations available in this title shall be available
    to pay prior year obligations of corresponding prior year appropriations
    accounts resulting from sections 3328(a), 3334, and 3712(a) of title 31,
    United States Code, except that if such obligations are from trust fund
    accounts they shall be payable only from ``Compensation and pensions''.

                          (including transfer of funds)

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

        Sec. 209.  Amounts deducted from enhanced-use lease proceeds to
    reimburse an account for expenses incurred by that account during a
    prior fiscal year for providing enhanced-use lease services, may be
    obligated during the fiscal year in which the proceeds are received.

                          (including transfer of funds)

        Sec. 210.  Funds available in this title or funds for salaries and
    other administrative expenses shall also be available to reimburse the
    Office of Resolution Management of the Department

    [[Page 123 STAT. 3305]]

    of Veterans Affairs and the Office of Employment Discrimination
    Complaint Adjudication under section 319 of title 38, United States
    Code, for all services provided at rates which will recover actual costs
    but not exceed $35,257,000 for the Office of Resolution Management and
    $3,287,000 for the Office of Employment and Discrimination Complaint
    Adjudication: Provided, That payments may be made in advance for
    services to be furnished based on estimated costs: Provided further,
    That amounts received shall be credited to the ``General operating
    expenses'' and ``Information technology systems'' accounts for use by
    the office that provided the service.
        Sec. 211. No <<NOTE: Contracts. Reports. Deadline.>> appropriations
    in this title shall be available to enter into any new lease of real
    property if the estimated annual rental cost is more than $1,000,000,
    unless the Secretary submits a report which the Committees on
    Appropriations of both Houses of Congress approve within 30 days
    following the date on which the report is received.

        Sec. 212.  No funds of the Department of Veterans Affairs shall be
    available for hospital care, nursing home care, or medical services
    provided to any person under chapter 17 of title 38, United States Code,
    for a non-service-connected disability described in section 1729(a)(2)
    of such title, unless that person has disclosed to the Secretary of
    Veterans Affairs, in such form as the Secretary may require, current,
    accurate third-party reimbursement information for purposes of section
    1729 of such title: Provided, That the Secretary may recover, in the
    same manner as any other debt due the United States, the reasonable
    charges for such care or services from any person who does not make such
    disclosure as required: Provided further, That any amounts so recovered
    for care or services provided in a prior fiscal year may be obligated by
    the Secretary during the fiscal year in which amounts are received.

                          (including transfer of funds)

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

                          (including transfer of funds)

        Sec. 215.  Such sums as may be deposited to the Medical Care
    Collections Fund pursuant to section 1729A of title 38, United States
    Code, may be transferred to ``Medical services'', to remain available
    until expended for the purposes of that account.

    [[Page 123 STAT. 3306]]

        Sec. 216. The <<NOTE: Native Americans.>> Secretary of Veterans
    Affairs may enter into agreements with Indian tribes and tribal
    organizations which are party to the Alaska Native Health Compact with
    the Indian Health Service, and Indian tribes and tribal organizations
    serving rural Alaska which have entered into contracts with the Indian
    Health Service under the Indian Self Determination and Educational
    Assistance Act, to provide healthcare, including behavioral health and
    dental care. The <<NOTE: Requirements. Regulations.>> Secretary shall
    require participating veterans and facilities to comply with all
    appropriate rules and regulations, as established by the
    Secretary. <<NOTE: Definition.>> The term ``rural Alaska'' shall mean
    those lands sited within the external boundaries of the Alaska Native
    regions specified in sections 7(a)(1)-(4) and (7)-(12) of the Alaska
    Native Claims Settlement Act, as amended (43 U.S.C. 1606), and those
    lands within the Alaska Native regions specified in sections 7(a)(5) and
    7(a)(6) of the Alaska Native Claims Settlement Act, as amended (43
    U.S.C. 1606), which are not within the boundaries of the Municipality of
    Anchorage, the Fairbanks North Star Borough, the Kenai Peninsula Borough
    or the Matanuska Susitna Borough.

                          (including transfer of funds)

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

                          (including transfer of funds)

        Sec. 220.  Amounts made available under the ``Medical services'',
    ``Medical support and compliance'', ``Medical facilities'', ``General
    operating expenses'', and ``National Cemetery Administration'' accounts
    for fiscal year 2010, may be transferred to or from the ``Information
    technology systems'' account: Provided, That before a transfer may take
    place, the Secretary of Veterans Affairs shall request from the
    Committees on Appropriations of both Houses of Congress the authority to
    make the transfer and an approval is issued.
        Sec. 221.  Amounts made available for the ``Information technology
    systems'' account may be transferred <<NOTE: Time period.>> between
    projects: Provided, That no project may be increased or decreased by
    more than $1,000,000 of cost prior to submitting a request to the
    Committees on Appropriations of both Houses of Congress to make the
    transfer and an approval is issued, or absent a response, a period of 30
    days has elapsed.

        Sec. 222. (a) Upon <<NOTE: Determination.>> a determination by the
    Secretary of Veterans Affairs that such action is in the national
    interest, and will have

    [[Page 123 STAT. 3307]]

    a direct benefit for veterans through increased access to treatment, the
    Secretary of Veterans Affairs may transfer not more than $5,000,000 to
    the Secretary of Health and Human Services for the Graduate Psychology
    Education Program, which includes treatment of veterans, to support
    increased training of psychologists skilled in the treatment of post-
    traumatic stress disorder, traumatic brain injury, and related
    disorders.

        (b) The Secretary of Health and Human Services may only use funds
    transferred under this section for the purposes described in subsection
    (a).
        (c) The <<NOTE: Notification.>> Secretary of Veterans Affairs shall
    notify Congress of any such transfer of funds under this section.

        Sec. 223.  None of the funds appropriated or otherwise made
    available by this Act or any other Act for the Department of Veterans
    Affairs may be used in a manner that is inconsistent with--
                (1) section 842 of the Transportation, Treasury, Housing and
            Urban Development, the Judiciary, the District of Columbia, and
            Independent Agencies Appropriations Act, 2006 (Public Law 109-
            115; 119 Stat. 2506); or
                (2) section 8110(a)(5) of title 38, United States Code.

        Sec. 224.  Of the amounts made available to the Department of
    Veterans Affairs for fiscal year 2010, in this Act or any other Act,
    under the ``Medical facilities'' account for non-recurring maintenance,
    not more than 20 percent of the funds made available shall be obligated
    during the last 2 months of that fiscal year: Provided, That the
    Secretary may waive this requirement after <<NOTE: Waiver
    authority. Notice.>> providing written notice to the Committees on
    Appropriations of both Houses of Congress.

        Sec. 225.  Section 1925(d)(3) of title 38, United States Code, is
    amended by striking ``appropriation `General Operating Expenses,
    Department of Veterans Affairs' '' and inserting ``appropriations for
    `General Operating Expenses and Information Technology Systems,
    Department of Veterans Affairs' ''.
        Sec. 226.  Section 1922(a) of title 38, United States Code, is
    amended by striking ``administrative costs to the Government for the
    costs of'' and inserting ``administrative support financed by the
    appropriations for `General Operating Expenses, Department of Veterans
    Affairs' and `Information Technology Systems, Department of Veterans
    Affairs' for''.
        Sec. 227. (a) Effective October 1, 2010, the North Chicago Veterans
    Affairs <<NOTE: Effective date. Federal buildings and
    facilities. Illinois.>> Medical Center located in Lake County, Illinois,
    shall be known and designated as the ``Captain James A. Lovell Federal
    Health Care Center''.

        (b) Any reference to the medical center referred to in subsection
    (a) in any law, regulation, map, document, record, or other paper of the
    United States shall be considered to be a reference to the Captain James
    A. Lovell Federal Health Care Center.
        Sec. 228.  Section 315(b) of title 38, United States Code, is
    amended by striking ``December 31, 2009'' and inserting ``December 31,
    2010''.
        Sec. 229.  Section 1714(c) of title 38, United States Code is
    amended--
                (1) in paragraph (1), by striking ``and'' at the end;
                (2) in paragraph (2), by striking the period and inserting
            ``; and''; and
                (3) by adding at the end the following new paragraph:

    [[Page 123 STAT. 3308]]

                ``(3) service dogs trained for the aid of persons with
            mental illnesses, including post-traumatic stress disorder, to
            veterans with such illnesses who are enrolled under section 1705
            of this title.''.

        Sec. 230. (a) <<NOTE: Effective date. Federal buildings and
    facilities. Kentucky.>> The Department of Veterans Affairs Medical
    Center in Louisville, Kentucky, and any successor to such medical
    center, shall after the date of the enactment of this Act be known and
    designated as the ``Robley Rex Department of Veterans Affairs Medical
    Center''.

        (b) Any reference in any law, regulation, map, document, record, or
    other paper of the United States to the medical center referred to in
    subsection (a) shall be considered to be a reference to the Robley Rex
    Department of Veterans Affairs Medical Center.
        Sec. 231. (a) Section 2703(b) of the Emergency Supplemental
    Appropriations Act for Defense, the Global War on Terror, and Hurricane
    Recovery, 2006 (Public Law 109-234; 120 Stat. 469), as amended by
    section 231 of the Military Construction and Veterans Affairs and
    Related Agencies Appropriations Act, 2009 (division E of Public Law 110-
    329; 122 Stat. 3713), is further amended by inserting after ``the City
    of Gulfport'' the following: ``, or its urban renewal agency,''.
        (b) The Secretary of Veterans Affairs shall take appropriate actions
    to modify the quitclaim deeds executed to effectuate the conveyance
    authorized by section 2703 of the Emergency Supplemental Appropriations
    Act for Defense, the Global War on Terror, and Hurricane Recovery, 2006,
    in order to accurately reflect and memorialize the amendment made by
    subsection (a).
        Sec. 232.  Of the amounts appropriated or otherwise made available
    by this title, the Secretary may execute $5,000,000 for cooperative
    agreements with State and local government entities or their designees
    with a demonstrated record of serving veterans to conduct outreach to
    ensure that veterans in underserved areas receive the care and benefits
    for which they are eligible.

                                    TITLE III

                                RELATED AGENCIES

                      American Battle Monuments Commission

                              salaries and expenses

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

                      foreign currency fluctuations account

        For necessary expenses, not otherwise provided for, of the American
    Battle Monuments Commission, such sums as may be

    [[Page 123 STAT. 3309]]

    necessary, to remain available until expended, for purposes authorized
    by section 2109 of title 36, United States Code.

               United States Court of Appeals for Veterans Claims

                              salaries and expenses

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

                          Department of Defense--Civil

                            Cemeterial Expenses, Army

                              salaries and expenses

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

        Funds appropriated under this Act may be provided to Arlington
    County, Virginia, for the relocation of the federally-owned water main
    at Arlington National Cemetery making additional land available for
    ground burials.

                          Armed Forces Retirement Home

                                   trust fund

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

    [[Page 123 STAT. 3310]]

                                    TITLE IV

                         OVERSEAS CONTINGENCY OPERATIONS

                              DEPARTMENT OF DEFENSE

                           Military Construction, Army

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

                        Military Construction, Air Force

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

                            Administrative Provision

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

                                     TITLE V

                               GENERAL PROVISIONS

        Sec. 501.  No part of any appropriation contained in this Act shall
    remain available for obligation beyond the current fiscal year unless
    expressly so provided herein.
        Sec. 502. Such <<NOTE: Pay raises.>> sums as may be necessary for
    fiscal year 2010 for pay raises for programs funded by this Act shall be
    absorbed within the levels appropriated in this Act.

        Sec. 503.  None of the funds made available in this Act may be used
    for any program, project, or activity, when it is made known to the
    Federal entity or official to which the funds are made available that
    the program, project, or activity is not in compliance with any Federal
    law relating to risk assessment, the protection of private property
    rights, or unfunded mandates.
        Sec. 504. No <<NOTE: Lobbying.>> part of any funds appropriated in
    this Act shall be used by an agency of the executive branch, other than
    for normal and recognized executive-legislative relationships, for
    publicity or propaganda purposes, and for the preparation, distribution,
    or use of any kit, pamphlet, booklet, publication, radio, television, or
    film presentation designed to support or defeat legislation pending
    before Congress, except in presentation to Congress itself.

    [[Page 123 STAT. 3311]]

        Sec. 505.  All departments and agencies funded under this Act are
    encouraged, within the limits of the existing statutory authorities and
    funding, to expand their use of ``E-Commerce'' technologies and
    procedures in the conduct of their business practices and public service
    activities.
        Sec. 506.  None of the funds made available in this Act may be
    transferred to any department, agency, or instrumentality of the United
    States Government except pursuant to a transfer made by, or transfer
    authority provided in, this or any other appropriations Act.
        Sec. 507. Unless <<NOTE: Submissions.>> stated otherwise, all
    reports and notifications required by this Act shall be submitted to the
    Subcommittee on Military Construction and Veterans Affairs, and Related
    Agencies of the Committee on Appropriations of the House of
    Representatives and the Subcommittee on Military Construction and
    Veterans Affairs, and Related Agencies of the Committee on
    Appropriations of the Senate.

        Sec. 508.  None of the funds made available in this Act may be used
    for a project or program named for an individual serving as a Member,
    Delegate, or Resident Commissioner of the United States House of
    Representatives.
        Sec. 509. None <<NOTE: Contracts. Wisconsin.>> of the funds made
    available in this Act may be used for the processing of new enhanced-use
    leases at the National Homes for Disabled Volunteer Soldiers located in
    Milwaukee, Wisconsin.

        Sec. 510. (a) <<NOTE: Web posting. Public
    information. Reports.>> Any agency receiving funds made available in
    this Act, shall, subject to subsections (b) and (c), post on the public
    website of that agency any report required to be submitted by the
    Congress in this or any other Act, upon the determination by the head of
    the agency that it shall serve the national interest.

        (b) Subsection (a) shall not apply to a report if--
                (1) the public posting of the report compromises national
            security; or
                (2) the report contains confidential or proprietary
            information.

        (c) The <<NOTE: Time period.>> head of the agency posting such
    report shall do so only after such report has been made available to the
    requesting Committee or Committees of Congress for no less than 45 days.

        Sec. 511. None <<NOTE: ACORN.>> of the funds made available in this
    division or any other division in this Act may be distributed to the
    Association of Community Organizations for Reform Now (ACORN) or its
    subsidiaries.

         This division may be cited as the ``Military Construction and
    Veterans Affairs and Related Agencies Appropriations Act, 2010''.

    [[Page 123 STAT. 3312]]

       DIVISION F-- <<NOTE: Department of State, Foreign Operations, and
       Related Programs Appropriations Act, 2010.>> DEPARTMENT OF STATE,
    FOREIGN OPERATIONS, AND RELATED PROGRAMS APPROPRIATIONS ACT, 2010

                                     TITLE I

                     DEPARTMENT OF STATE AND RELATED AGENCY

                               DEPARTMENT OF STATE

                        Administration of Foreign Affairs

                        diplomatic and consular programs

                          (including transfer of funds)

        For necessary expenses of the Department of State and the Foreign
    Service not otherwise provided for, $8,227,000,000, of which
    $1,586,214,000 is for Worldwide Security Protection (to remain available
    until expended): Provided, That the Secretary of State may transfer up
    to $137,600,000 of the total funds made available under this heading to
    any other appropriation of any department or agency of the United
    States, upon the concurrence of the head of such department or agency,
    to support operations in and assistance for Afghanistan and to carry out
    the provisions of the Foreign Assistance Act of 1961: Provided further,
    That funds made available under this heading shall be allocated as
    follows:
                (1) Human resources.--For necessary expenses for training,
            human resources management, and salaries, including employment
            without regard to civil service and classification laws of
            persons on a temporary basis (not to exceed $700,000), as
            authorized by section 801 of the United States Information and
            Educational Exchange Act of 1948, $2,667,130,000 to remain
            available until September 30, 2011, of which not less than
            $138,075,000 shall be available only for public diplomacy
            American salaries, and $220,840,000 is for Worldwide Security
            Protection and shall remain available <<NOTE: Strategy.>> until
            expended: Provided, That the Secretary of State shall submit to
            the Committees on Appropriations, concurrent with the fiscal
            year 2011 congressional budget justification materials, a
            strategy described in the joint explanatory statement of the
            committee of conference (hereafter ``joint explanatory
            statement'') accompanying this Act for projected personnel
            requirements for the United States Department of State over the
            next 3 fiscal years.
                (2) Overseas programs.--For necessary expenses for the
            regional bureaus of the Department of State and overseas
            activities as authorized by law, $2,495,158,000, to remain
            available until September 30, 2011, of which not less than
            $381,800,000 shall be available only for public diplomacy
            international information programs.
                (3) Diplomatic policy and support.--For necessary expenses
            for the functional bureaus of the Department of State including
            representation to certain international organizations in which
            the United States participates pursuant to treaties ratified
            pursuant to the advice and consent of the Senate or specific
            Acts of Congress, general administration, and arms

    [[Page 123 STAT. 3313]]

            control, nonproliferation and disarmament activities as
            authorized, $892,012,000, to remain available until September
            30, 2011.
                (4) Security programs.--For necessary expenses for security
            activities, $2,172,700,000, to remain available until September
            30, 2011, of which $1,365,374,000 is for Worldwide Security
            Protection and shall remain available until expended.
                (5) Fees and payments collected.--In addition to amounts
            otherwise made available under this heading--
                        (A) not to exceed $1,653,305 shall be derived from
                    fees collected from other executive agencies for lease
                    or use of facilities located at the International Center
                    in accordance with section 4 of the International Center
                    Act, and, in addition, as authorized by section 5 of
                    such Act, $490,000, to be derived from the reserve
                    authorized by that section, to be used for the purposes
                    set out in that section;
                        (B) as authorized by section 810 of the United
                    States Information and Educational Exchange Act, not to
                    exceed $6,000,000, to remain available until expended,
                    may be credited to this appropriation from fees or other
                    payments received from English teaching, library, motion
                    pictures, and publication programs and from fees from
                    educational advising and counseling and exchange visitor
                    programs; and
                        (C) not to exceed $15,000, which shall be derived
                    from reimbursements, surcharges and fees for use of
                    Blair House facilities.
                (6) Transfer, reprogramming, and spending plan.--
                        (A) Notwithstanding any provision of this Act, funds
                    may be reprogrammed within and between subsections under
                    this heading subject to section 7015 of this Act.
                        (B) Of the amount made available under this heading,
                    not to exceed $10,000,000 may be transferred to, and
                    merged with, funds made available by this Act under the
                    heading ``Emergencies in the Diplomatic and Consular
                    Service'', to be available only for emergency
                    evacuations and rewards, as authorized.
                        (C) Funds appropriated under this heading are
                    available for acquisition by exchange or purchase of
                    passenger motor vehicles as authorized by law and,
                    pursuant to 31 U.S.C. 1108(g), for the field examination
                    of programs and activities in the United States funded
                    from any account contained in this title.
                        (D) Not <<NOTE: Deadline. Reports.>> later than 45
                    days after the enactment of this Act, the Secretary of
                    State shall submit to the Committees on Appropriations a
                    report detailing planned expenditures for funds
                    appropriated under this heading.

                        civilian stabilization initiative

        For necessary expenses to support, maintain, mobilize, and deploy a
    civilian response corps in coordination with the United States Agency
    for International Development (USAID), and for related reconstruction
    and stabilization assistance to prevent or respond to conflict or civil
    strife in foreign countries or regions, or to enable transition from
    such strife, $120,000,000, to remain

    [[Page 123 STAT. 3314]]

    available until expended: Provided, That funds made available under this
    heading may be made available in fiscal year 2010 to provide
    administrative expenses for the Office of the Coordinator for
    Reconstruction and Stabilization: <<NOTE: President. Transfer
    authority. Notification.>> Provided further, That notwithstanding any
    other provision of law and following consultation with the Committees on
    Appropriations, the President may exercise transfer authorities
    contained in the Foreign Assistance Act of 1961 for reconstruction and
    stabilization assistance managed by the Office of the Coordinator for
    Reconstruction and Stabilization only to support an actively deployed
    Civilian Response Corps, subject to the regular notification procedures
    of the Committees on Appropriations: Provided
    further, <<NOTE: Reports. Memorandum.>> That of the funds appropriated
    under this heading, $10,000,000 shall be withheld from obligation until
    the Secretary of State reports to the Committees on Appropriations that
    the Department of State has signed a memorandum of understanding with
    the Department of Defense relating to the provision of airlift for
    deployment of Civilian Response Corps personnel and equipment:
    Provided <<NOTE: Deadline. Spending plan.>> further, That not later than
    45 days after enactment of this Act, the Secretary of State and the
    USAID Administrator shall submit a coordinated joint spending plan for
    funds made available under this heading and under the heading ``Civilian
    Stabilization Initiative'' in title II of this Act.

                             capital investment fund

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

                           office of inspector general

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

                   educational and cultural exchange programs

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

                            representation allowances

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

    [[Page 123 STAT. 3315]]

                  protection of foreign missions and officials

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

                 embassy security, construction, and maintenance

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

               emergencies in the diplomatic and consular service

                          (including transfer of funds)

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

                        buying power maintenance account

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

                       repatriation loans program account

                          (including transfer of funds)

        For the cost of direct loans, $739,000, as authorized: Provided,
    That such costs, including the cost of modifying such loans, shall be as
    defined in section 502 of the Congressional Budget Act of 1974.
        In addition, for administrative expenses necessary to carry out the
    direct loan program, $711,000, which may be transferred

    [[Page 123 STAT. 3316]]

    to, and merged with, funds made available under the heading ``Diplomatic
    and Consular Programs''.

                   payment to the american institute in taiwan

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

          payment to the foreign service retirement and disability fund

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

                           International Organizations

                  contributions to international organizations

        For <<NOTE: 22 USC 269a note.>> necessary expenses, not otherwise
    provided for, to meet annual obligations of membership in international
    multilateral organizations, pursuant to treaties ratified pursuant to
    the advice and consent of the Senate, conventions or specific Acts of
    Congress, $1,682,500,000: <<NOTE: Budget. United Nations.>> Provided,
    That the Secretary of State shall, at the time of the submission of the
    President's budget to Congress under section 1105(a) of title 31, United
    States Code, transmit to the Committees on Appropriations the most
    recent biennial budget prepared by the United Nations for the operations
    of the United Nations: Provided
    further, <<NOTE: Notification. Deadline. United Nations.>> That the
    Secretary of State shall notify the Committees on Appropriations at
    least 15 days in advance (or in an emergency, as far in advance as is
    practicable) of any United Nations action to increase funding for any
    United Nations program without identifying an offsetting decrease
    elsewhere in the United Nations budget: Provided further, That any
    payment of arrearages under this heading shall be directed toward
    activities that are mutually agreed upon by the United States and the
    respective international organization: Provided further, That none of
    the funds appropriated under this heading shall be available for a
    United States contribution to an international organization for the
    United States share of interest costs made known to the United States
    Government by such organization for loans incurred on or after October
    1, 1984, through external borrowings.

             contributions for international peacekeeping activities

        For necessary expenses to pay assessed and other expenses of
    international peacekeeping activities directed to the maintenance or
    restoration of international peace and security, $2,125,000,000, of
    which 15 percent shall remain available until September 30, 2011:
    Provided, <<NOTE: Deadline. Notification. Human trafficking.>> That none
    of the funds made available by this Act shall be obligated or expended
    for any new or expanded United Nations peacekeeping mission unless, at
    least 15 days in advance of voting for the new or expanded mission in
    the United Nations Security Council (or in an emergency as far in
    advance as is practicable): (1) the Committees on Appropriations are
    notified of the estimated cost and length of the mission, the national
    interest that will be served, the planned exit strategy, and that the
    United Nations has taken appropriate measures to prevent United Nations
    employees, contractor personnel, and peacekeeping forces serving

    [[Page 123 STAT. 3317]]

    in the mission from trafficking in persons, exploiting victims of
    trafficking, or committing acts of illegal sexual exploitation, and to
    hold accountable individuals who engage in such acts while participating
    in the peacekeeping mission, including the prosecution in their home
    countries of such individuals in connection with such acts; and (2)
    notification pursuant to section 7015 of this Act is submitted, and the
    procedures therein followed, setting forth the source of funds that will
    be used to pay for the cost of the new or expanded mission:
    Provided <<NOTE: Determination.>> further, That funds shall be available
    for peacekeeping expenses unless the Secretary of State determines that
    American manufacturers and suppliers are not being given opportunities
    to provide equipment, services, and material for United Nations
    peacekeeping activities equal to those being given to foreign
    manufacturers and suppliers.

                            International Commissions

        For <<NOTE: 22 USC 269a note.>> necessary expenses, not otherwise
    provided for, to meet obligations of the United States arising under
    treaties, or specific Acts of Congress, as follows:

      international boundary and water commission, united states and mexico

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

                              salaries and expenses

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

                                  construction

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

                  american sections, international commissions

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

                       international fisheries commissions

        For necessary expenses for international fisheries commissions, not
    otherwise provided for, as authorized by law, $53,976,000: Provided,
    That the United States share of such expenses may be advanced to the
    respective commissions pursuant to 31 U.S.C. 3324: Provided further,
    That in addition to other funds available for

    [[Page 123 STAT. 3318]]

    such purposes, funds available under this heading may be used to make
    payments necessary to fulfill the United States' obligations under the
    Pacific Salmon Treaty.

                                 RELATED AGENCY

                         Broadcasting Board of Governors

                      international broadcasting operations

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

    [[Page 123 STAT. 3319]]

                        broadcasting capital improvements

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

                                RELATED PROGRAMS

                               The Asia Foundation

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

                        United States Institute of Peace

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

              Center for Middle Eastern-Western Dialogue Trust Fund

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

                     Eisenhower Exchange Fellowship Program

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

                        Israeli Arab Scholarship Program

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

                                East-West Center

        To enable the Secretary of State to provide for carrying out the
    provisions of the Center for Cultural and Technical Interchange

    [[Page 123 STAT. 3320]]

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

                        National Endowment for Democracy

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

                                OTHER COMMISSIONS

          Commission for the Preservation of America's Heritage Abroad

                              salaries and expenses

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

           United States Commission on International Religious Freedom

                              salaries and expenses

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

                Commission on Security and Cooperation in Europe

                              salaries and expenses

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

    [[Page 123 STAT. 3321]]

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

                              salaries and expenses

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

           United States-China Economic and Security Review Commission

                              salaries and expenses

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

                                    TITLE II

               UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT

                       Funds Appropriated to the President

                               operating expenses

                          (including transfer of funds)

        For necessary expenses to carry out the provisions of section 667 of
    the Foreign Assistance Act of 1961, $1,388,800,000, of which up to
    $105,000,000 may remain available until September 30, 2011: Provided,
    That none of <<NOTE: Reports. Deadline.>> the funds appropriated under
    this heading and under the heading ``Capital Investment Fund'' in this
    Act

    [[Page 123 STAT. 3322]]

    may be made available to finance the construction (including architect
    and engineering services), purchase, or long-term lease of offices for
    use by the United States Agency for International Development (USAID),
    unless the USAID Administrator has identified such proposed construction
    (including architect and engineering services), purchase, or long-term
    lease of offices in a report submitted to the Committees on
    Appropriations at least 15 days prior to the obligation of funds for
    such purposes: Provided further, That the previous proviso shall not
    apply when the total cost of construction (including architect and
    engineering services), purchase, or long-term lease of offices does not
    exceed $1,000,000: Provided further, That of the funds appropriated
    under this heading that are available for capital investments related to
    the Development Leadership Initiative, up to $245,000,000 may remain
    available until September 30, 2014: <<NOTE: Strategy.>>  Provided
    further, That the USAID Administrator shall submit to the Committees on
    Appropriations, concurrent with the fiscal year 2011 congressional
    budget justification materials, a strategy described in the joint
    explanatory statement accompanying this Act for projected personnel
    requirements for USAID over the next 3 fiscal years: Provided further,
    That contracts or agreements entered into with funds appropriated under
    this heading may entail commitments for the expenditure of such funds
    through the following fiscal year: <<NOTE: Notification.>>  Provided
    further, That any decision to open a new USAID overseas mission or
    office or, except where there is a substantial security risk to mission
    personnel, to close or significantly reduce the number of personnel of
    any such mission or office, shall be subject to the regular notification
    procedures of the Committees on Appropriations: Provided further, That
    the authority of sections 610 and 109 of the Foreign Assistance Act of
    1961 may be exercised by the Secretary of State to transfer funds
    appropriated to carry out chapter 1 of part I of such Act to ``Operating
    Expenses'' in accordance with the provisions of those sections: Provided
    further, That of the funds appropriated or made available under this
    heading, not to exceed $250,000 may be available for representation and
    entertainment allowances, of which not to exceed $5,000 may be available
    for entertainment allowances, for USAID during the current fiscal year:
    Provided further, That no such entertainment funds may be used for the
    purposes listed in section 7020 of this Act: Provided further, That
    appropriate steps shall be taken to assure that, to the maximum extent
    possible, United States-owned foreign currencies are utilized in lieu of
    dollars.

                        civilian stabilization initiative

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

    [[Page 123 STAT. 3323]]

    and under the heading ``Civilian Stabilization Initiative'' in title I
    of this Act.

                             capital investment fund

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

                           office of inspector general

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

                                    TITLE III

                          BILATERAL ECONOMIC ASSISTANCE

                       Funds Appropriated to the President

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

                        global health and child survival

                          (including transfer of funds)

        For necessary expenses to carry out the provisions of chapters 1 and
    10 of part I of the Foreign Assistance Act of 1961, for global health
    activities, in addition to funds otherwise available for such purposes,
    $2,420,000,000, to remain available until September 30, 2011, and which
    shall be apportioned directly to the United States Agency for
    International <<NOTE: HIV/AIDS.>> Development (USAID): Provided, That
    this amount shall be made available for such activities as: (1) child
    survival and maternal health programs; (2) immunization and oral
    rehydration programs; (3) other health, nutrition, water and sanitation
    programs which directly address the needs of mothers and children, and
    related education programs; (4) assistance for children displaced or
    orphaned by causes other than AIDS; (5) programs for the prevention,
    treatment, control of, and research on HIV/AIDS, tuberculosis, polio,
    malaria, and other infectious diseases including neglected tropical
    diseases, and for assistance to communities severely affected by HIV/
    AIDS, including children infected or affected by AIDS; and (6) family
    planning/reproductive health: Provided further, That none of the funds
    appropriated under

    [[Page 123 STAT. 3324]]

    this paragraph may be made available for nonproject assistance, except
    that funds may be made available for such assistance for ongoing health
    activities: Provided further, That of the funds appropriated under this
    paragraph, $78,000,000 should be made available for a United
    States <<NOTE: President. Determination. Abortion. Sterilization.>> contr
    ibution to the GAVI Alliance: Provided further, That none of the funds
    made available in this Act nor any unobligated balances from prior
    appropriations Acts may be made available to any organization or program
    which, as determined by the President of the United States, supports or
    participates in the management of a program of coercive abortion or
    involuntary sterilization: Provided further,
    That <<NOTE: Deadline.>> any determination made under the previous
    proviso must be made no later than 6 months after the date of enactment
    of this Act, and must be accompanied by the evidence and criteria
    utilized to make the determination: Provided further, That
    none <<NOTE: Abortion.>> of the funds made available under this Act may
    be used to pay for the performance of abortion as a method of family
    planning or to motivate or coerce any person to practice abortions:
    Provided further, That nothing in this paragraph shall be construed to
    alter any existing statutory prohibitions against abortion under section
    104 of the Foreign Assistance Act of 1961: Provided
    further, <<NOTE: Lobbying. Abortion.>> That none of the funds made
    available under this Act may be used to lobby for or against abortion:
    Provided further, That <<NOTE: Family
    planning. Requirements. Deadline. Determination. Reports.>> in order to
    reduce reliance on abortion in developing nations, funds shall be
    available only to voluntary family planning projects which offer, either
    directly or through referral to, or information about access to, a broad
    range of family planning methods and services, and that any such
    voluntary family planning project shall meet the following requirements:
    (1) service providers or referral agents in the project shall not
    implement or be subject to quotas, or other numerical targets, of total
    number of births, number of family planning acceptors, or acceptors of a
    particular method of family planning (this provision shall not be
    construed to include the use of quantitative estimates or indicators for
    budgeting and planning purposes); (2) the project shall not include
    payment of incentives, bribes, gratuities, or financial reward to: (A)
    an individual in exchange for becoming a family planning acceptor; or
    (B) program personnel for achieving a numerical target or quota of total
    number of births, number of family planning acceptors, or acceptors of a
    particular method of family planning; (3) the project shall not deny any
    right or benefit, including the right of access to participate in any
    program of general welfare or the right of access to health care, as a
    consequence of any individual's decision not to accept family planning
    services; (4) the project shall provide family planning acceptors
    comprehensible information on the health benefits and risks of the
    method chosen, including those conditions that might render the use of
    the method inadvisable and those adverse side effects known to be
    consequent to the use of the method; and (5) the project shall ensure
    that experimental contraceptive drugs and devices and medical procedures
    are provided only in the context of a scientific study in which
    participants are advised of potential risks and benefits; and, not less
    than 60 days after the date on which the USAID Administrator determines
    that there has been a violation of the requirements contained in
    paragraph (1), (2), (3), or (5) of this proviso, or a pattern or
    practice of violations of the requirements contained in paragraph (4) of
    this proviso, the Administrator

    [[Page 123 STAT. 3325]]

    shall submit to the Committees on Appropriations a report containing a
    description of such violation and the corrective action taken by the
    Agency: Provided further, <<NOTE: Grants. Non-
    discrimination. Compliance.>> That in awarding grants for natural family
    planning under section 104 of the Foreign Assistance Act of 1961 no
    applicant shall be discriminated against because of such applicant's
    religious or conscientious commitment to offer only natural family
    planning; and, additionally, all such applicants shall comply with the
    requirements of the previous proviso: Provided further, That for
    purposes of this or any other Act authorizing or appropriating funds for
    the Department of State, foreign operations, and related programs, the
    term ``motivate'', as it relates to family planning assistance, shall
    not be construed to prohibit the provision, consistent with local law,
    of information or counseling about all
    pregnancy <<NOTE: Condoms.>> options: Provided further, That to the
    maximum extent practicable, taking into consideration cost, timely
    availability, and best health practices, funds appropriated in this Act
    or prior appropriations Acts that are made available for condom
    procurement should be made available for the procurement of condoms
    manufactured in the United States: Provided further, That information
    provided about the use of condoms as part of projects or activities that
    are funded from amounts appropriated by this Act shall be medically
    accurate and shall include the public health benefits and failure rates
    of such use.

        In addition, for necessary expenses to carry out the provisions of
    the Foreign Assistance Act of 1961 for the prevention, treatment, and
    control of, and research on, HIV/AIDS, $5,359,000,000, to remain
    available until expended, and which shall be apportioned directly to the
    Department of State: Provided, That of the funds appropriated under this
    paragraph, not less than $750,000,000 shall be made available,
    notwithstanding any other provision of law, except for the United States
    Leadership Against HIV/AIDS, Tuberculosis and Malaria Act of 2003
    (Public Law 108-25), as amended, for a United States contribution to the
    Global Fund to Fight AIDS, Tuberculosis and Malaria, and shall be
    expended at the minimum rate necessary to make timely payment for
    projects and activities: Provided further, That up to 5 percent of the
    aggregate amount of funds made available to the Global Fund in fiscal
    year 2010 may be made available to USAID for technical assistance
    related to the activities of the Global Fund: Provided further, That of
    the funds appropriated under this paragraph, up to $14,000,000 may be
    made available, in addition to amounts otherwise available for such
    purposes, for administrative expenses of the Office of the United States
    Global AIDS Coordinator.

                             development assistance

        For necessary expenses to carry out the provisions of sections 103,
    105, 106, and sections 251 through 255, and chapter 10 of part I of the
    Foreign Assistance Act of 1961, $2,520,000,000, to remain available
    until September 30, 2011: Provided, That of the funds appropriated by
    this Act, not less than $265,000,000 shall be made available for
    microenterprise and microfinance development programs for the poor,
    especially women: Provided further, That of the funds appropriated under
    this heading, not less than $23,500,000 shall be made available for the
    American Schools and Hospitals Abroad program: Provided further, That of
    the funds

    [[Page 123 STAT. 3326]]

    appropriated under this heading, $10,000,000 shall be made available for
    cooperative development programs within the Office of Private and
    Voluntary Cooperation, United States Agency for International
    Development (USAID): Provided further, That of the funds appropriated by
    this Act, not less than $315,000,000 shall be made available for water
    and sanitation supply projects pursuant to the Senator Paul Simon Water
    for the Poor Act of 2005 (Public Law 109-121): Provided further, That
    the relevant bureaus and offices of USAID that support cross-cutting
    development programs shall coordinate such programs on a regular basis:
    Provided further, That of the funds appropriated by title III of this
    Act, not less than $1,169,833,000 should be made available for food
    security and agricultural development programs, which may be made
    available notwithstanding any other provision of law to address critical
    food shortages, of which $31,500,000 shall be made available for
    Collaborative Research <<NOTE: Strategy.>> Support Programs: Provided
    further, That prior to the obligation of funds pursuant to the previous
    proviso and after consultation with other relevant Federal departments
    and agencies, the Committees on Appropriations, and relevant
    nongovernmental organizations, the USAID Administrator shall submit to
    the Committees on Appropriations a strategy for achieving food security
    and agricultural development program goals: Provided further, That of
    the funds appropriated under this heading for food security and
    agricultural development programs, $10,000,000 shall be made available
    for a United States contribution to the endowment of the Global Crop
    Diversity Trust pursuant to section 3202 of Public Law 110-246: Provided
    further, That of the funds appropriated under this heading, not less
    than $20,000,000 shall be made available for programs to improve women's
    leadership capacity in recipient countries.

                        international disaster assistance

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

                             transition initiatives

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

    [[Page 123 STAT. 3327]]

    Provided further, That funds made available pursuant to the previous
    proviso shall be made available subject to prior consultation with the
    Committees on Appropriations.

                               complex crises fund

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

                          development credit authority

                          (including transfer of funds)

        For the cost of direct loans and loan guarantees provided by the
    United States Agency for International Development, as authorized by
    sections 256 and 635 of the Foreign Assistance Act of 1961, up to
    $25,000,000 may be derived by transfer from funds appropriated by this
    Act to carry out part I of such Act and under the heading ``Assistance
    for Europe, Eurasia and Central Asia'': Provided, That funds provided
    under this paragraph and funds provided as a gift pursuant to section
    635(d) of the Foreign Assistance Act of 1961 shall be made available
    only for micro and small enterprise programs, urban programs, and other
    programs which further the purposes of part I of such Act: Provided
    further, That such costs, including the cost of modifying such direct
    and guaranteed loans, shall be as defined in section 502 of the
    Congressional Budget <<NOTE: Notification.>> Act of 1974, as amended:
    Provided further, That funds made available by this paragraph may be
    used for the cost of

    [[Page 123 STAT. 3328]]

    modifying any such guaranteed loans under this Act or prior Acts, and
    funds used for such costs shall be subject to the regular notification
    procedures of the Committees <<NOTE: Applicability. Loans.>> on
    Appropriations: Provided further, That the provisions of section 107A(d)
    (relating to general provisions applicable to the Development Credit
    Authority) of the Foreign Assistance Act of 1961, as contained in
    section 306 of H.R. 1486 as reported by the House Committee on
    International Relations on May 9, 1997, shall be applicable to direct
    loans and loan guarantees provided under this heading: Provided further,
    That these funds are available to subsidize total loan principal, any
    portion of which is to be guaranteed, of up to $700,000,000.

        In addition, for administrative expenses to carry out credit
    programs administered by the United States Agency for International
    Development, $8,600,000, which may be transferred to, and merged with,
    funds made available under the heading ``Operating Expenses'' in title
    II of this Act: Provided, That funds made available under this heading
    shall remain available until September 30, 2012.

                              economic support fund

                          (including transfer of funds)

        For necessary expenses to carry out the provisions of chapter 4 of
    part II of the Foreign Assistance Act of 1961, $6,337,000,000, to remain
    available until September 30, 2011: Provided, That of the funds
    appropriated under this heading, $250,000,000 shall be available only
    for assistance for Egypt, which sum shall be provided on a grant basis,
    and of which sum cash transfer assistance shall be provided with the
    understanding that Egypt will undertake significant economic and
    democratic reforms which are additional to those which were undertaken
    in previous fiscal years: Provided further, That of the funds
    appropriated under this heading for assistance for Egypt, not less than
    $25,000,000 shall be made available for democracy, human rights and
    governance programs, and not less than $35,000,000 shall be made
    available for education programs, of which not less than $10,000,000 is
    for scholarships for Egyptian students with high financial need:
    Provided further, That $11,000,000 of the funds appropriated under this
    heading should be made available for assistance for Cyprus to be used
    only for scholarships, administrative support of the scholarship
    program, bicommunal projects, and measures aimed at reunification of the
    island and designed to reduce tensions and promote peace and cooperation
    between the two communities on Cyprus: Provided further, That
    $12,000,000 of the funds made available for assistance for Lebanon under
    this heading shall be made available for educational scholarships for
    students in Lebanon with high financial need: Provided further, That of
    the funds appropriated under this heading, not less than $363,000,000
    shall be made available only for assistance for Jordan: Provided
    further, That of the funds appropriated under this heading not more than
    $400,400,000 may be made available for assistance for the West Bank and
    Gaza, of which not to exceed $2,000,000 may be used for administrative
    expenses of the United States Agency for International Development
    (USAID), in addition to funds otherwise available for such purposes:
    Provided further, That not more than $150,000,000 of the funds provided
    for the West Bank and Gaza shall be for cash transfer

    [[Page 123 STAT. 3329]]

    assistance: Provided further, That funds
    appropriated <<NOTE: Pakistan.>> under this heading that are made
    available for assistance for infrastructure projects in Pakistan shall
    be implemented in a manner consistent with section 507(6) of the Trade
    Act of 1974 (19 U.S.C. 2467(6)): Provided further, That of the funds
    appropriated under this heading for assistance for Afghanistan and
    Pakistan, assistance may be provided notwithstanding any provision of
    law that restricts assistance to foreign countries for cross border
    stabilization and development programs between Afghanistan and Pakistan
    or between either country and
    the <<NOTE: Afghanistan. Pakistan. Certification.>> Central Asian
    republics: Provided further, That funds appropriated by this Act for
    assistance for Afghanistan and Pakistan may be made available for
    government-to-government assistance only if the Secretary of State
    certifies to the Committees on Appropriations that the Government of the
    United States and the government of the recipient country have agreed,
    in writing, to clear and achievable goals and objectives for the use of
    such funds, and have established mechanisms within each implementing
    agency to ensure that such funds are used for the purposes for which
    they were intended: Provided further, That any such cash transfer
    assistance shall be subject to prior consultation with the Committees on
    Appropriations: Provided further, That the Secretary of State should
    suspend any such cash transfer assistance to an implementing agency if
    the Secretary has credible evidence of misuse of such funds
    by <<NOTE: Notification. Waiver authority.>> any such agency: Provided
    further, That any decision to significantly modify the scope, objectives
    or implementation mechanisms of United States assistance programs in
    Afghanistan or Pakistan shall be subject to prior consultation with, and
    the regular notification procedures of, the Committees on
    Appropriations, except that the prior consultation requirement may be
    waived if it is determined that failure to do so would pose a
    substantial risk to <<NOTE: Notification. Deadline.>> human health or
    welfare: Provided further, That in case of any such waiver, notification
    to the Committees on Appropriations shall be provided as early as
    practicable, but in no event later than 3 days after taking the action
    to which such consultation requirement was applicable: Provided further,
    That of the funds made available under this heading for assistance for
    Pakistan, $2,000,000 shall be transferred to, and merged with, funds
    available under the heading ``Administration of Foreign Affairs, Office
    of Inspector General'' for oversight of programs in Pakistan: Provided
    further, That of the funds appropriated under this heading, $209,790,000
    shall be apportioned directly to USAID for alternative development/
    institution building programs in Colombia: Provided further, That of the
    funds appropriated under this heading that are available for assistance
    for Colombia, not less than $8,000,000 shall be transferred to, and
    merged with, funds appropriated under the heading ``Migration and
    Refugee Assistance'' and shall be made available only for assistance to
    nongovernmental and international organizations that provide assistance
    to Colombian refugees in neighboring countries.

                                 democracy fund

        For necessary expenses to carry out the provisions of the Foreign
    Assistance Act of 1961 for the promotion of democracy globally,
    $120,000,000, to remain available until September 30, 2011, of which
    $70,000,000 shall be made available for the Human Rights and Democracy
    Fund of the Bureau of Democracy, Human Rights

    [[Page 123 STAT. 3330]]

    and Labor, Department of State, and $50,000,000 shall be made available
    for the Office of Democracy and Governance of the Bureau for Democracy,
    Conflict, and Humanitarian Assistance, United States Agency for
    International Development.

                         international fund for ireland

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

                 assistance for europe, eurasia and central asia

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

                               Department of State

                        migration and refugee assistance

        For necessary expenses, not otherwise provided for, to enable the
    Secretary of State to provide, as authorized by law, a contribution to
    the International Committee of the Red Cross, assistance to refugees,
    including contributions to the International Organization for Migration
    and the United Nations High Commissioner for Refugees, and other
    activities to meet refugee and migration

    [[Page 123 STAT. 3331]]

    needs; salaries and expenses of personnel and dependents as authorized
    by the Foreign Service Act of 1980; allowances as authorized by sections
    5921 through 5925 of title 5, United States Code; purchase and hire of
    passenger motor vehicles; and services as authorized by section 3109 of
    title 5, United States Code, $1,685,000,000, to remain available until
    expended, of which $25,000,000 shall be made available for refugees
    resettling in Israel, and not less than $35,000,000 shall be made
    available to respond to small-scale emergency humanitarian requirements
    of international and nongovernmental partners.

          united states emergency refugee and migration assistance fund

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

                              Independent Agencies

                                   peace corps

                          (including transfer of funds)

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

    [[Page 123 STAT. 3332]]

                        millennium challenge corporation

                          (including transfer of funds)

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

    [[Page 123 STAT. 3333]]

    to exceed $100,000 may be available for representation and entertainment
    allowances, of which not to exceed $5,000 may be available for
    entertainment allowances.

                            inter-american foundation

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

                         african development foundation

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

                           Department of the Treasury

                   international affairs technical assistance

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

                               debt restructuring

        For the cost, as defined in section 502 of the Congressional Budget
    Act of 1974, of modifying loans and loan guarantees, as the President
    may determine, for which funds have been appropriated or otherwise made
    available for programs within the International Affairs Budget Function
    150, including the cost of selling, reducing, or canceling amounts owed
    to the United States as a result of concessional loans made to eligible
    countries, pursuant to parts IV and V of the Foreign Assistance Act of
    1961, of modifying concessional credit agreements with least developed
    countries, as authorized under section 411 of the Agricultural Trade
    Development and Assistance Act of 1954, as amended, of concessional
    loans, guarantees and credit agreements, as authorized under section 572
    of the Foreign Operations, Export Financing, and Related Programs
    Appropriations Act, 1989 (Public Law 100-461), and of canceling amounts
    owed, as a result of loans or guarantees made

    [[Page 123 STAT. 3334]]

    pursuant to the Export-Import Bank Act of 1945, by countries that are
    eligible for debt reduction pursuant to title V of H.R. 3425 as enacted
    into law by section 1000(a)(5) of Public Law 106-113, $60,000,000, to
    remain available until September 30, 2012: Provided, That not less than
    $20,000,000 of the funds appropriated under this heading shall be made
    available to carry out the provisions of part V of the Foreign
    Assistance Act of 1961: Provided further, That amounts paid to the
    Heavily Indebted Poor Countries (HIPC) Trust Fund may be used only to
    fund debt reduction under the enhanced HIPC initiative by--
                (1) the Inter-American Development Bank;
                (2) the African Development Fund;
                (3) the African Development Bank; and
                (4) the Central American Bank for Economic Integration:

    Provided further, That <<NOTE: Human rights.>>  funds may not be paid to
    the HIPC Trust Fund for the benefit of any country if the Secretary of
    State has credible evidence that the central government of such country
    is engaged in a consistent pattern of gross violations of
    internationally recognized human rights or in military or civil conflict
    that undermines its ability to develop and implement measures to
    alleviate poverty and to devote adequate human and financial resources
    to that end: <<NOTE: Consultation.>>  Provided further, That on the
    basis of final appropriations, the Secretary of the Treasury shall
    consult with the Committees on Appropriations concerning which countries
    and international financial institutions are expected to benefit from a
    United States contribution to the HIPC Trust Fund during the fiscal
    year: <<NOTE: Notification. Deadline.>>  Provided further, That the
    Secretary of the Treasury shall notify the Committees on Appropriations
    not less than 15 days in advance of the signature of an agreement by the
    United States to make payments to the HIPC Trust Fund of amounts for
    such countries and institutions: Provided further, That the Secretary of
    the Treasury may disburse funds designated for debt reduction through
    the HIPC Trust Fund only for the benefit of countries that--
                (1) have committed, for a period of 24 months, not to accept
            new market-rate loans from the international financial
            institution receiving debt repayment as a result of such
            disbursement, other than loans made by such institutions to
            export-oriented commercial projects that generate foreign
            exchange which are generally referred to as ``enclave'' loans;
            and
                (2) have documented and demonstrated their commitment to
            redirect their budgetary resources from international debt
            repayments to programs to alleviate poverty and promote economic
            growth that are additional to or expand upon those previously
            available for such purposes:

    Provided further, That any limitation of subsection (e) of section 411
    of the Agricultural Trade Development and Assistance Act of 1954 shall
    not apply to funds appropriated under this heading: Provided further,
    That <<NOTE: Sudan. Burma. Determination. Notification.>>  none of the
    funds made available under this heading in this or any other
    appropriations Act shall be made available for Sudan or Burma unless the
    Secretary of the Treasury determines and notifies the Committees on
    Appropriations that a democratically elected government has taken
    office.

    [[Page 123 STAT. 3335]]

                                    TITLE IV

                        INTERNATIONAL SECURITY ASSISTANCE

                               Department of State

               international narcotics control and law enforcement

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

    [[Page 123 STAT. 3336]]

         nonproliferation, anti-terrorism, demining and related programs

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

                             peacekeeping operations

        For necessary expenses to carry out the provisions of section 551 of
    the Foreign Assistance Act of 1961, $331,500,000: Provided, That funds
    appropriated under this heading may be used, notwithstanding section 660
    of such Act, to provide assistance to enhance the capacity of foreign
    civilian security forces, including gendarmes, to participate in
    peacekeeping operations: Provided further, That of the funds
    appropriated under this heading, up to $102,000,000 may be made
    available for assistance for Somalia, of which up to $55,000,000 may be
    used to pay assessed expenses of international peacekeeping activities
    in Somalia: Provided further, That of the funds appropriated under this
    heading, not less than

    [[Page 123 STAT. 3337]]

    $26,000,000 shall be made available for a United States contribution to
    the Multinational Force and Observers mission in the Sinai: Provided
    further, That <<NOTE: Notification.>>  none of the funds appropriated
    under this heading shall be obligated or expended except as provided
    through the regular notification procedures of the Committees on
    Appropriations.

                       Funds Appropriated to the President

                  international military education and training

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

                       foreign military financing program

        For necessary <<NOTE: Notification.>>  expenses for grants to enable
    the President to carry out the provisions of section 23 of the Arms
    Export Control Act, $4,195,000,000: Provided, That to expedite the
    provision of assistance to foreign countries and international
    organizations, the Secretary of State, following consultation with the
    Committees on Appropriations and subject to the regular notification
    procedures of such Committees, may use the funds appropriated under this
    heading to procure defense articles and services to enhance the capacity
    of foreign security forces: Provided further, That of the funds
    appropriated under this heading, not less than $2,220,000,000 shall be
    available for grants only for Israel, and not less than $1,040,000,000
    shall be made available for grants only for Egypt, including for border
    security programs and activities in the Sinai: Provided further,
    That <<NOTE: Israel. Deadline.>>  the funds appropriated under this
    heading for assistance for Israel shall be disbursed within 30 days of
    the enactment of this Act: Provided further, That to the extent that the
    Government of Israel requests that funds be used for such purposes,
    grants made available for Israel under this heading shall, as agreed by
    the United States and Israel, be available for advanced weapons systems,
    of which not less than $583,860,000 shall be available for the
    procurement in Israel of defense articles and defense services,
    including research and development: <<NOTE: Egypt. Deadline.>>  Provided
    further, That funds appropriated under this heading estimated to be
    outlayed for Egypt during fiscal year 2010 shall be transferred to an
    interest bearing account for Egypt in the Federal Reserve

    [[Page 123 STAT. 3338]]

    Bank of New York within 30 days of enactment of this Act:  Provided
    further, That of the funds appropriated under this heading, $150,000,000
    shall be made available for assistance for Jordan: Provided further,
    That of the funds appropriated under this heading, not more than
    $55,000,000 shall be available for assistance for Colombia, of which up
    to $12,500,000 is available to support maritime interdiction and
    riverine operations: Provided further, That of the funds appropriated
    under this heading, not less than $238,000,000 should be made available
    for assistance for Pakistan: Provided further,
    That <<NOTE: Notification.>>  in addition to the funds made available in
    the previous proviso, up to $60,000,000 of the funds appropriated under
    the heading ``Economic Support Fund'' in this Act and prior Acts making
    appropriations for the Department of State, foreign operations, and
    related programs, may be transferred to, and merged with, funds
    appropriated under this heading and made available for assistance for
    Pakistan, subject to the regular notification procedures of the
    Committees on Appropriations: Provided further, That none of the funds
    made available under this heading shall be made available to support or
    continue any program initially funded under the authority of section
    1206 of the National Defense Authorization Act for Fiscal Year 2006
    (Public Law 109-163; 119 Stat. 3456) unless the Secretary of State, in
    coordination with the Secretary of Defense, has justified such program
    to the Committees on Appropriations: Provided further, That funds
    appropriated or otherwise made available under this heading shall be
    nonrepayable notwithstanding any requirement in section 23 of the Arms
    Export Control Act: Provided further, That funds made available under
    this heading shall be obligated upon apportionment in accordance with
    paragraph (5)(C) of title 31, United States Code, section 1501(a).

        None of the funds made available under this heading shall be
    available to finance the procurement of defense articles, defense
    services, or design and construction services that are not sold by the
    United States Government under the Arms Export Control Act unless the
    foreign country proposing to make such procurements has first signed an
    agreement with the United States Government specifying the conditions
    under which such procurements may be financed with such funds: Provided,
    That <<NOTE: Notification.>>  all country and funding level increases in
    allocations shall be submitted through the regular notification
    procedures of section 7015 of this Act: <<NOTE: Foreign
    countries. Notification.>>  Provided further, That none of the funds
    appropriated under this heading may be made available for assistance for
    Nepal, Sri Lanka, Pakistan, Bangladesh, Philippines, Indonesia, Bosnia
    and Herzegovina, Haiti, Guatemala, Ethiopia, Cambodia, Kenya, Chad, and
    the Democratic Republic of the Congo except pursuant to the regular
    notification procedures of the Committees on Appropriations: Provided
    further, That funds made available under this heading may be used,
    notwithstanding any other provision of law, for demining, the clearance
    of unexploded ordnance, and related activities, and may include
    activities implemented through nongovernmental and international
    organizations: Provided further, That only those countries for which
    assistance was justified for the ``Foreign Military Sales Financing
    Program'' in the fiscal year 1989 congressional presentation for
    security assistance programs may utilize funds made available under this
    heading for procurement of defense articles, defense services or design
    and construction services that are not sold by the United States
    Government under the Arms Export Control

    [[Page 123 STAT. 3339]]

    Act: Provided further, That funds appropriated under this heading shall
    be expended at the minimum rate necessary to make timely payment for
    defense articles and services: <<NOTE: Notification.>>  Provided
    further, That not more than $54,464,000 of the funds appropriated under
    this heading may be obligated for necessary expenses, including the
    purchase of passenger motor vehicles for replacement only for use
    outside of the United States, for the general costs of administering
    military assistance and sales, except that this limitation may be
    exceeded only through the regular notification procedures of the
    Committees on Appropriations: Provided further, That of the funds
    appropriated under this heading for general costs of administering
    military assistance and sales, not to exceed $4,000 may be available for
    entertainment expenses and not to exceed $130,000 may be available for
    representation allowances: <<NOTE: Notification.>>  Provided further,
    That not more than $550,000,000 of funds realized pursuant to section
    21(e)(1)(A) of the Arms Export Control Act may be obligated for expenses
    incurred by the Department of Defense during fiscal year 2010 pursuant
    to section 43(b) of the Arms Export Control Act, except that this
    limitation may be exceeded only through the regular notification
    procedures of the Committees on Appropriations.

                                     TITLE V

                             MULTILATERAL ASSISTANCE

                       Funds Appropriated to the President

                    international organizations and programs

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

                      international financial institutions

                           global environment facility

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

            contribution to the international development association

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

                    contribution to the clean technology fund

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

    [[Page 123 STAT. 3340]]

                   contribution to the strategic climate fund

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

               contribution to the inter-american development bank

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

    contribution to the enterprise for the americas multilateral investment
                                      fund

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

                   contribution to the asian development fund

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

                  contribution to the african development fund

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

       contribution to the international fund for agricultural development

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

                                    TITLE VI

                        EXPORT AND INVESTMENT ASSISTANCE

                     Export-import Bank of the United States

                                inspector general

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

                                 program account

        The Export-Import Bank of the United States is authorized to make
    such expenditures within the limits of funds and borrowing authority
    available to such corporation, and in accordance with law, and to make
    such contracts and commitments without regard

    [[Page 123 STAT. 3341]]

    to fiscal year limitations, as provided by section 104 of the Government
    Corporation Control Act, as may be necessary in carrying out the program
    for the current fiscal year for such corporation: Provided, That none of
    the funds available during the current fiscal year may be used to make
    expenditures, contracts, or commitments for the export of nuclear
    equipment, fuel, or technology to any country, other than a nuclear-
    weapon state as defined in Article IX of the Treaty on the Non-
    Proliferation of Nuclear Weapons eligible to receive economic or
    military assistance under this Act, that has detonated a nuclear
    explosive after the date of the enactment of this
    Act: <<NOTE: Termination date. 12 USC 635 note.>>  Provided further,
    That notwithstanding section 1(c) of Public Law 103-428, as amended,
    sections 1(a) and (b) of Public Law 103-428 shall remain in effect
    through October 1, 2010: Provided further, That not less than 10 percent
    of the aggregate loan, guarantee, and insurance authority available to
    the Export-Import Bank under this Act should be used for renewable
    energy technologies or end-use energy efficiency technologies.

                              subsidy appropriation

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

                             administrative expenses

        For administrative expenses to carry out the direct and guaranteed
    loan and insurance programs, including hire of passenger motor vehicles
    and services as authorized by 5 U.S.C. 3109, and not to exceed $30,000
    for official reception and representation expenses for members of the
    Board of Directors, not to exceed $83,880,000: Provided, That the
    Export-Import Bank may accept, and use, payment or services provided by
    transaction participants for legal, financial, or technical services in
    connection with any transaction for which an application for a loan,
    guarantee or insurance commitment has been made: <<NOTE: Termination
    date. 12 USC 635a note.>>  Provided further, That notwithstanding
    subsection (b) of section 117 of the Export Enhancement Act of 1992,
    subsection (a) thereof shall remain in effect until October 1, 2010.

    [[Page 123 STAT. 3342]]

                               receipts collected

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

                     Overseas Private Investment Corporation

                                noncredit account

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

                                 program account

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

        In addition, such sums as may be necessary for administrative
    expenses to carry out the credit program may be derived from amounts
    available for administrative expenses to carry out the

    [[Page 123 STAT. 3343]]

    credit and insurance programs in the Overseas Private Investment
    Corporation Noncredit Account and merged with said account.

                       Funds Appropriated to the President

                          trade and development agency

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

                                    TITLE VII

                               GENERAL PROVISIONS

                          allowances and differentials

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

                           unobligated balances report

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

                               consulting services

        Sec. 7003.  The <<NOTE: Contracts.>>  expenditure of any
    appropriation under title I of this Act for any consulting service
    through procurement contract, pursuant to 5 U.S.C. 3109, shall be
    limited to those contracts where such expenditures are a matter of
    public record and available for public inspection, except where
    otherwise provided under existing law, or under existing Executive order
    issued pursuant to existing law.

                              embassy construction

        Sec. 7004. (a) Of funds provided under title I of this Act, except
    as provided in subsection (b), a project to construct a diplomatic
    facility of the United States may not include office space or other
    accommodations for an employee of a Federal agency or department if the
    Secretary of State determines that such department or agency has not
    provided to the Department of State the full amount of funding required
    by subsection (e) of section 604 of the Secure Embassy Construction and
    Counterterrorism Act of 1999 (as enacted into law by section 1000(a)(7)
    of Public Law 106-113 and contained in appendix G of that Act; 113 Stat.
    1501A-453), as amended by section 629 of the Departments of Commerce,

    [[Page 123 STAT. 3344]]

    Justice, and State, the Judiciary, and Related Agencies Appropriations
    Act, 2005.
        (b) Notwithstanding the prohibition in subsection (a), a project to
    construct a diplomatic facility of the United States may include office
    space or other accommodations for members of the United States Marine
    Corps.
        (c) Funds <<NOTE: Consultation. Notification.>>  appropriated by
    this Act, and any prior Act making appropriations for the Department of
    State, foreign operations, and related programs, which may be made
    available for the acquisition of property for diplomatic facilities in
    Kabul, Afghanistan, shall be subject to prior consultation with, and the
    regular notification procedures of, the Committees on Appropriations.

                                personnel actions

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

                              local guard contracts

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

            prohibition against direct funding for certain countries

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

    [[Page 123 STAT. 3345]]

                                  coups d'etat

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

                               transfer authority

        Sec. 7009. (a) Department of State and Broadcasting Board of
    Governors.--Not to exceed 5 percent of any appropriation made available
    for the current fiscal year for the Department of State under title I of
    this Act may be transferred between such appropriations, but no such
    appropriation, except as otherwise specifically provided, shall be
    increased by more than 10 percent by any such transfers: Provided, That
    not to exceed 5 percent of any appropriation made available for the
    current fiscal year for the Broadcasting Board of Governors under title
    I of this Act may be transferred between such appropriations, but no
    such appropriation, except as otherwise specifically provided, shall be
    increased by more than 10 percent by any such transfers: Provided
    further, That any transfer pursuant to this section shall be treated as
    a reprogramming of funds under section 7015(a) and (b) of this Act and
    shall not be available for obligation or expenditure except in
    compliance with the procedures set forth in that section.
        (b) Export Financing Transfer Authorities.--Not to exceed 5 percent
    of any appropriation other than for administrative expenses made
    available for fiscal year 2010, for programs under title VI of this Act
    may be transferred between such appropriations for use for any of the
    purposes, programs, and activities for which the funds in such receiving
    account may be used, but no such appropriation, except as otherwise
    specifically provided, shall be increased by more than 25 percent by any
    such transfer: <<NOTE: Notification.>>  Provided, That the exercise of
    such authority shall be subject to the regular notification procedures
    of the Committees on Appropriations.

        (c) Limitation on Transfers Between Agencies.--
                (1) None of the funds made available under titles II through
            V of this Act may be transferred to any department, agency, or
            instrumentality of the United States Government, except pursuant
            to a transfer made by, or transfer authority provided in, this
            Act or any other appropriation Act.
                (2) Notwithstanding paragraph (1), in addition to transfers
            made by, or authorized elsewhere in, this Act, funds
            appropriated by this Act to carry out the purposes of the
            Foreign Assistance Act of 1961 may be allocated or transferred
            to agencies of the United States Government pursuant to the
            provisions of sections 109, 610, and 632 of the Foreign
            Assistance Act of 1961.

    [[Page 123 STAT. 3346]]

                (3) Any <<NOTE: Notification.>>  agreement entered into by
            the United States Agency for International Development (USAID)
            or the Department of State with any department, agency, or
            instrumentality of the United States Government pursuant to
            section 632(b) of the Foreign Assistance Act of 1961 valued in
            excess of $1,000,000 and any agreement made pursuant to section
            632(a) of such Act, with funds appropriated by this Act and
            prior Acts making appropriations for the Department of State,
            foreign operations, and related programs under the headings
            ``Global Health and Child Survival'', ``Development
            Assistance'', and ``Economic Support Fund'' shall be subject to
            the regular notification procedures of the Committees on
            Appropriations: Provided, That the requirement in the previous
            sentence shall not apply to agreements entered into between
            USAID and the Department of State.

        (d) Transfers Between Accounts.--None
    of <<NOTE: President. Deadline. Consultation. Policy justification.>>
    the funds made available under titles II through V of this Act may be
    obligated under an appropriation account to which they were not
    appropriated, except for transfers specifically provided for in this
    Act, unless the President, not less than 5 days prior to the exercise of
    any authority contained in the Foreign Assistance Act of 1961 to
    transfer funds, consults with and provides a written policy
    justification to the Committees on Appropriations.

        (e) Audit of Inter-agency Transfers.--Any agreement for the transfer
    or allocation of funds appropriated by this Act, or prior Acts, entered
    into between the Department of State or USAID and another agency of the
    United States Government under the authority of section 632(a) of the
    Foreign Assistance Act of 1961 or any comparable provision of law, shall
    expressly provide that the Inspector General for the agency receiving
    the transfer or allocation of such funds shall perform periodic program
    and financial audits of the use of such funds: Provided, That funds
    transferred under such authority may be made available for the cost of
    such audits.

                              reporting requirement

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

                              availability of funds

        Sec. 7011.  No part of any appropriation contained in this Act shall
    remain available for obligation after the expiration of the current
    fiscal year unless expressly so provided in this Act: Provided, That
    funds appropriated for the purposes of chapters 1, 8, 11, and 12 of part
    I, section 661, section 667, chapters 4, 5, 6, 8, and 9 of part II of
    the Foreign Assistance Act of 1961, section 23 of the Arms Export
    Control Act, and funds provided under the headings ``Assistance for
    Europe, Eurasia and Central Asia'' and ``Development Credit Authority'',
    shall remain available

    [[Page 123 STAT. 3347]]

    for an additional 4 years from the date on which the availability of
    such funds would otherwise have expired, if such funds are initially
    obligated before the expiration of their respective periods of
    availability contained in this Act: Provided further, That,
    notwithstanding any other provision of this Act, any funds made
    available for the purposes of chapter 1 of part I and chapter 4 of part
    II of the Foreign Assistance Act of 1961 which are allocated or
    obligated for cash disbursements in order to address balance of payments
    or economic policy reform objectives, shall remain available until
    expended.

                limitation on assistance to countries in default

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

               prohibition on taxation of united states assistance

        Sec. 7013. (a) Prohibition on Taxation.--None of the funds
    appropriated under titles III through VI of this Act may be made
    available to provide assistance for a foreign country under a new
    bilateral agreement governing the terms and conditions under which such
    assistance is to be provided unless such agreement includes a provision
    stating that assistance provided by the United States shall be exempt
    from taxation, or reimbursed, by the foreign government, and the
    Secretary of State shall expeditiously seek to negotiate amendments to
    existing bilateral agreements, as necessary, to conform with this
    requirement.
        (b) Reimbursement of Foreign Taxes.--An amount equivalent to 200
    percent of the total taxes assessed during fiscal year 2010 on funds
    appropriated by this Act by a foreign government or entity against
    commodities financed under United States assistance programs for which
    funds are appropriated by this Act, either directly or through grantees,
    contractors and subcontractors shall be withheld from obligation from
    funds appropriated for assistance for fiscal year 2011 and allocated for
    the central government of such country and for the West Bank and Gaza
    program to the extent that the Secretary of State certifies and reports
    in writing to the Committees on Appropriations that such taxes have not
    been reimbursed to the Government of the United States.
        (c) De Minimis Exception.--Foreign taxes of a de minimis nature
    shall not be subject to the provisions of subsection (b).
        (d) Reprogramming of Funds.--Funds withheld from obligation for each
    country or entity pursuant to subsection (b) shall be reprogrammed for
    assistance to countries which do not assess taxes on United States
    assistance or which have an effective arrangement that is providing
    substantial reimbursement of such taxes.
        (e) Determinations.--

    [[Page 123 STAT. 3348]]

                (1) The provisions of this section shall not apply to any
            country or entity the Secretary of State determines--
                        (A) does not assess taxes on United States
                    assistance or which has an effective arrangement that is
                    providing substantial reimbursement of such taxes; or
                        (B) the foreign policy interests of the United
                    States outweigh the purpose of this section to ensure
                    that United States assistance is not subject to
                    taxation.
                (2) The <<NOTE: Consultation. Deadline.>>  Secretary of
            State shall consult with the Committees on Appropriations at
            least 15 days prior to exercising the authority of this
            subsection with regard to any country or entity.

        (f) Implementation.--The Secretary <<NOTE: Regulations.>>  of State
    shall issue rules, regulations, or policy guidance, as appropriate, to
    implement the prohibition against the taxation of assistance contained
    in this section.

        (g) Definitions.--As used in this section--
                (1) the terms ``taxes'' and ``taxation'' refer to value
            added taxes and customs duties imposed on commodities financed
            with United States assistance for programs for which funds are
            appropriated by this Act; and
                (2) the term ``bilateral agreement'' refers to a framework
            bilateral agreement between the Government of the United States
            and the government of the country receiving assistance that
            describes the privileges and immunities applicable to United
            States foreign assistance for such country generally, or an
            individual agreement between the Government of the United States
            and such government that describes, among other things, the
            treatment for tax purposes that will be accorded the United
            States assistance provided under that agreement.

                              reservations of funds

        Sec. 7014. (a) Funds appropriated under titles II through VI of this
    Act which are specifically designated may be reprogrammed for other
    programs within the same account notwithstanding the designation if
    compliance with the designation is made impossible by operation of any
    provision of this or any other Act: <<NOTE: Notification.>>  Provided,
    That any such reprogramming shall be subject to the regular notification
    procedures of the Committees on Appropriations: Provided further, That
    assistance that is reprogrammed pursuant to this subsection shall be
    made available under the same terms and conditions as originally
    provided.

        (b) In <<NOTE: Determination. Reports.>>  addition to the authority
    contained in subsection (a), the original period of availability of
    funds appropriated by this Act and administered by the United States
    Agency for International Development (USAID) that are specifically
    designated for particular programs or activities by this or any other
    Act shall be extended for an additional fiscal year if the USAID
    Administrator determines and reports promptly to the Committees on
    Appropriations that the termination of assistance to a country or a
    significant change in circumstances makes it unlikely that such
    designated funds can be obligated during the original period of
    availability: Provided, That such designated funds that continue to be
    available for an additional fiscal year shall be obligated only for the
    purpose of such designation.

    [[Page 123 STAT. 3349]]

        (c) Ceilings and specifically designated funding levels contained in
    this Act shall not be applicable to funds or authorities appropriated or
    otherwise made available by any subsequent Act unless such Act
    specifically so directs: Provided, That specifically designated funding
    levels or minimum funding requirements contained in any other Act shall
    not be applicable to funds appropriated by this Act.

                     reprogramming notification requirements

        Sec. 7015. (a) <<NOTE: Deadlines.>>  None of the funds made
    available in title I of this Act, or in prior appropriations Acts to the
    agencies and departments funded by this Act that remain available for
    obligation or expenditure in fiscal year 2010, or provided from any
    accounts in the Treasury of the United States derived by the collection
    of fees or of currency reflows or other offsetting collections, or made
    available by transfer, to the agencies and departments funded by this
    Act, shall be available for obligation or expenditure through a
    reprogramming of funds that: (1) creates new programs; (2) eliminates a
    program, project, or activity; (3) increases funds or personnel by any
    means for any project or activity for which funds have been denied or
    restricted; (4) relocates an office or employees; (5) closes or opens a
    mission or post; (6) reorganizes or renames offices; (7) reorganizes
    programs or activities; or (8) contracts out or privatizes any functions
    or activities presently performed by Federal employees; unless the
    Committees on Appropriations are notified 15 days in advance of such
    reprogramming of funds.

        (b) For the purposes of providing the executive branch with the
    necessary administrative flexibility, none of the funds provided under
    title I of this Act, or provided under previous appropriations Acts to
    the agency or department funded under title I of this Act that remain
    available for obligation or expenditure in fiscal year 2010, or provided
    from any accounts in the Treasury of the United States derived by the
    collection of fees available to the agency or department funded by title
    I of this Act, shall be available for obligation or expenditure for
    activities, programs, or projects through a reprogramming of funds in
    excess of $1,000,000 or 10 percent, whichever is less, that: (1)
    augments existing programs, projects, or activities; (2) reduces by 10
    percent funding for any existing program, project, or activity, or
    numbers of personnel by 10 percent as approved by Congress; or (3)
    results from any general savings, including savings from a reduction in
    personnel, which would result in a change in existing programs,
    activities, or projects as approved by Congress; unless the Committees
    on Appropriations are notified 15 days in advance of such reprogramming
    of funds.
        (c) For the purposes of providing the executive branch with the
    necessary administrative flexibility, none of the funds made available
    under titles II through V in this Act under the headings ``Global Health
    and Child Survival'', ``Development Assistance'', ``International
    Organizations and Programs'', ``Trade and Development Agency'',
    ``International Narcotics Control and Law Enforcement'', ``Assistance
    for Europe, Eurasia and Central Asia'', ``Economic Support Fund'',
    ``Democracy Fund'', ``Peacekeeping Operations'', ``Capital Investment
    Fund'', ``Operating Expenses'', ``Civilian Stabilization Initiative'',
    ``Office of Inspector General'', ``Nonproliferation, Anti-terrorism,
    Demining and Related Programs'', ``Millennium Challenge Corporation'',
    ``Foreign Military Financing

    [[Page 123 STAT. 3350]]

    Program'', ``International Military Education and Training'', ``Peace
    Corps'', ``Complex Crises Fund'', and ``Migration and Refugee
    Assistance'', shall be available for obligation for activities,
    programs, projects, type of materiel assistance, countries, or other
    operations not justified or in excess of the amount justified to the
    Committees on Appropriations for obligation under any of these specific
    headings unless the Committees on Appropriations are previously notified
    15 days in advance: <<NOTE: President.>>  Provided, That the President
    shall not enter into any commitment of funds appropriated for the
    purposes of section 23 of the Arms Export Control Act for the provision
    of major defense equipment, other than conventional ammunition, or other
    major defense items defined to be aircraft, ships, missiles, or combat
    vehicles, not previously justified to Congress or 20 percent in excess
    of the quantities justified to Congress unless the Committees on
    Appropriations are notified 15 days in advance of such commitment:
    Provided further, That requirements of this subsection or any similar
    provision of any other Act shall not apply to any reprogramming for an
    activity, program, or project for which funds are appropriated under
    titles II through IV of this Act of less than 10 percent of the amount
    previously justified to the Congress for obligation for such activity,
    program, or project for the current fiscal year.

        (d) Notwithstanding any other provision of law, with the exception
    of funds transferred to, and merged with, funds appropriated under title
    I of this Act, funds transferred by the Department of Defense to the
    Department of State and the United States Agency for International
    Development for assistance for foreign countries and international
    organizations, and funds made available for programs authorized by
    section 1206 of the National Defense Authorization Act for Fiscal Year
    2006 (Public Law 109-163), shall be subject to the regular notification
    procedures of the Committees on Appropriations.
        (e) The <<NOTE: Waiver authority.>>  requirements of this section or
    any similar provision of this Act or any other Act, including any prior
    Act requiring notification in accordance with the regular notification
    procedures of the Committees on Appropriations, may be waived if failure
    to do so would pose a substantial risk to human health or welfare:
    Provided, That <<NOTE: Deadline.>>  in case of any such waiver,
    notification to the Committees on Appropriations shall be provided as
    early as practicable, but in no event later than 3 days after taking the
    action to which such notification requirement was applicable, in the
    context of the circumstances necessitating such
    waiver: <<NOTE: Explanation.>>  Provided further, That any notification
    provided pursuant to such a waiver shall contain an explanation of the
    emergency circumstances.

        (f) None <<NOTE: Foreign countries.>>  of the funds appropriated
    under titles III through VI of this Act shall be obligated or expended
    for assistance for Serbia, Sudan, Zimbabwe, Pakistan, Dominican
    Republic, Cuba, Iran, Haiti, Libya, Ethiopia, Nepal, Colombia, Mexico,
    Kazakhstan, Somalia, Sri Lanka, or Cambodia and countries listed in
    section 7045(c)(2) and (f)(2) of this Act except as provided through the
    regular notification procedures of the Committees on Appropriations.

                    notification on excess defense equipment

        Sec. 7016.  Prior to providing excess Department of Defense articles
    in accordance with section 516(a) of the Foreign Assistance

    [[Page 123 STAT. 3351]]

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

    limitation on availability of funds for international organizations and
                                    programs

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

       prohibition on funding for abortions and involuntary sterilization

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

                                   allocations

        Sec. 7019. (a) Funds provided in this Act for the following accounts
    shall be made available for programs and countries in the amounts
    contained in the respective tables included in the joint explanatory
    statement accompanying this Act:
                ``American Sections, International Commissions''.

    [[Page 123 STAT. 3352]]

                ``Civilian Stabilization Initiative''.
                ``Diplomatic and Consular Programs''.
                ``Educational and Cultural Exchange Programs''.
                ``International Boundary and Water Commission, United States
            and Mexico''.
                ``International Fisheries Commissions''.
                ``International Broadcasting Operations''.
                ``Global Health and Child Survival''.
                ``Democracy Fund''.
                ``Economic Support Fund''.
                ``Assistance for Europe, Eurasia and Central Asia''.
                ``International Narcotics Control and Law Enforcement''.
                ``Nonproliferation, Anti-terrorism, Demining and Related
            Programs''.
                ``Foreign Military Financing Program''.
                ``Peacekeeping Operations''.
                ``International Organizations and Programs''.

        (b) For <<NOTE: Notification.>>  the purposes of implementing this
    section and only with respect to the tables included in the joint
    explanatory statement accompanying this Act, the Secretary of State, the
    Administrator of the United States Agency for International Development
    and the Broadcasting Board of Governors, as appropriate, may propose
    deviations to the amounts referenced in subsection (a), subject to the
    regular notification procedures of the Committees on Appropriations.

        (c) The <<NOTE: Applicability.>>  requirements contained in
    subsection (a) shall apply to the tables under the headings ``Bilateral
    Economic Assistance'' and ``General Provisions'' in the joint
    explanatory statement.

                   prohibition of payment of certain expenses

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

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

        Sec. 7021. (a) <<NOTE: President. Determination.>>  None of the
    funds appropriated or otherwise made available by titles III through VI
    of this Act may be available to any foreign government which provides
    lethal military equipment to a country the government of which the
    Secretary of State has determined is a government that supports
    international terrorism for purposes of section 6(j) of the Export
    Administration Act of 1979: Provided, That <<NOTE: Termination date.>>
    the prohibition under this section with respect to a foreign government
    shall terminate 12 months after that government ceases to provide such
    military equipment: <<NOTE: Applicability.>>  Provided further, That
    this section applies with respect to lethal military

    [[Page 123 STAT. 3353]]

    equipment provided under a contract entered into after October 1, 1997.

        (b) Assistance restricted by subsection (a) or any other similar
    provision of law, may be furnished if the President determines that to
    do so is important to the national interests of the United States.
        (c) Whenever <<NOTE: Reports.>>  the President makes a determination
    pursuant to subsection (b), the President shall submit to the Committees
    on Appropriations a report with respect to the furnishing of such
    assistance, including a detailed explanation of the assistance to be
    provided, the estimated dollar amount of such assistance, and an
    explanation of how the assistance furthers United States national
    interests.

           prohibition on bilateral assistance to terrorist countries

        Sec. 7022. (a) <<NOTE: President. Determination.>>  Funds
    appropriated for bilateral assistance in titles III through VI of this
    Act and funds appropriated under any such heading in a provision of law
    enacted prior to the enactment of this Act, shall not be made available
    to any country which the President determines--
                (1) grants sanctuary from prosecution to any individual or
            group which has committed an act of international terrorism; or
                (2) otherwise supports international terrorism.

        (b) The <<NOTE: Waiver authority. Determination.>>  President may
    waive the application of subsection (a) to a country if the President
    determines that national security or humanitarian reasons justify such
    waiver: <<NOTE: Federal Register,
    publication. Deadline. Notification.>>  Provided, That the President
    shall publish each such waiver in the Federal Register and, at least 15
    days before the waiver takes effect, shall notify the Committees on
    Appropriations of the waiver (including the justification for the
    waiver) in accordance with the regular notification procedures of the
    Committees on Appropriations.

                           authorization requirements

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

                  definition of program, project, and activity

        Sec. 7024.  For <<NOTE: Reports. Deadline.>>  the purpose of titles
    II through VI of this Act ``program, project, and activity'' shall be
    defined at the appropriations Act account level and shall include all
    appropriations and authorizations Acts funding directives, ceilings, and
    limitations with the exception that for the following accounts:
    ``Economic Support Fund'' and ``Foreign Military Financing Program'',
    ``program, project, and activity'' shall also be considered to include
    country, regional, and central program level funding within each such
    account; for the development assistance accounts of the United States
    Agency for International Development ``program, project, and activity''
    shall also be considered to include central, country, regional, and
    program level funding, either as: (1) justified to the

    [[Page 123 STAT. 3354]]

    Congress; or (2) allocated by the executive branch in accordance with a
    report, to be provided to the Committees on Appropriations within 30
    days of the enactment of this Act, as required by section 653(a) of the
    Foreign Assistance Act of 1961.

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

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

                     commerce, trade and surplus commodities

        Sec. 7026. (a) None of the funds appropriated or made available
    pursuant to titles III through VI of this Act for direct assistance and
    none of the funds otherwise made available to the Export-Import Bank and
    the Overseas Private Investment Corporation shall be obligated or
    expended to finance any loan, any assistance or any other financial
    commitments for establishing or expanding production of any commodity
    for export by any country other than the United States, if the commodity
    is likely to be in surplus on world markets at the time the resulting
    productive capacity is expected to become operative and if the
    assistance will cause substantial injury to United States producers of
    the same, similar, or competing commodity: <<NOTE: Notification.>>
    Provided, That such prohibition shall not apply to the Export-Import
    Bank if in the judgment of its Board of Directors the benefits to
    industry and employment in the United States are likely to outweigh the
    injury to United States producers of the same, similar, or competing
    commodity, and the Chairman of the Board so notifies the Committees on
    Appropriations.

        (b) None of the funds appropriated by this or any other Act to carry
    out chapter 1 of part I of the Foreign Assistance Act of 1961 shall be
    available for any testing or breeding feasibility study, variety
    improvement or introduction, consultancy, publication, conference, or
    training in connection with the growth or production in a foreign
    country of an agricultural commodity for export which would compete with
    a similar commodity grown or produced in the United States: Provided,
    That this subsection shall not prohibit--
                (1) activities designed to increase food security in
            developing countries where such activities will not have a
            significant impact on the export of agricultural commodities of
            the United States; or
                (2) research activities intended primarily to benefit
            American producers.

        (c) The <<NOTE: 22 USC 262h note.>>  Secretary of the Treasury shall
    instruct the United States Executive Directors of the International Bank
    for Reconstruction and Development, the International Development
    Association,

    [[Page 123 STAT. 3355]]

    the International Finance Corporation, the Inter-American Development
    Bank, the International Monetary Fund, the Asian Development Bank, the
    Inter-American Investment Corporation, the North American Development
    Bank, the European Bank for Reconstruction and Development, the African
    Development Bank, and the African Development Fund to use the voice and
    vote of the United States to oppose any assistance by these
    institutions, using funds appropriated or made available pursuant to
    titles III through VI of this Act, for the production or extraction of
    any commodity or mineral for export, if it is in surplus on world
    markets and if the assistance will cause substantial injury to United
    States producers of the same, similar, or competing commodity.

                                separate accounts

        Sec. 7027. (a) <<NOTE: 22 USC 2362 note.>>  Separate Accounts for
    Local Currencies.--
                (1) If assistance is furnished to the government of a
            foreign country under chapters 1 and 10 of part I or chapter 4
            of part II of the Foreign Assistance Act of 1961 under
            agreements which result in the generation of local currencies of
            that country, the Administrator of the United States Agency for
            International Development (USAID) shall--
                        (A) require that local currencies be deposited in a
                    separate account established by that government;
                        (B) enter into an agreement with that government
                    which sets forth--
                              (i) the amount of the local currencies to be
                          generated; and
                              (ii) the terms and conditions under which the
                          currencies so deposited may be utilized,
                          consistent with this section; and
                        (C) establish by agreement with that government the
                    responsibilities of USAID and that government to monitor
                    and account for deposits into and disbursements from the
                    separate account.
                (2) Uses of local currencies.--As may be agreed upon with
            the foreign government, local currencies deposited in a separate
            account pursuant to subsection (a), or an equivalent amount of
            local currencies, shall be used only--
                        (A) to carry out chapter 1 or 10 of part I or
                    chapter 4 of part II of the Foreign Assistance Act of
                    1961 (as the case may be), for such purposes as--
                              (i) project and sector assistance activities;
                          or
                              (ii) debt and deficit financing; or
                        (B) for the administrative requirements of the
                    United States Government.
                (3) Programming accountability.--USAID shall take all
            necessary steps to ensure that the equivalent of the local
            currencies disbursed pursuant to subsection (a)(2)(A) from the
            separate account established pursuant to subsection (a)(1) are
            used for the purposes agreed upon pursuant to subsection (a)(2).
                (4) Termination of assistance programs.--Upon termination of
            assistance to a country under chapter 1 or 10 of part I or
            chapter 4 of part II of the Foreign Assistance Act of 1961 (as
            the case may be), any unencumbered balances of funds which
            remain in a separate account established pursuant to subsection
            (a) shall be disposed of for such purposes

    [[Page 123 STAT. 3356]]

            as may be agreed to by the government of that country and the
            United States Government.
                (5) Reporting requirement.--The USAID Administrator shall
            report on an annual basis as part of the justification documents
            submitted to the Committees on Appropriations on the use of
            local currencies for the administrative requirements of the
            United States Government as authorized in subsection (a)(2)(B),
            and such report shall include the amount of local currency (and
            United States dollar equivalent) used and/or to be used for such
            purpose in each applicable country.

        (b) Separate Accounts for Cash Transfers.--
                (1) If assistance is made available to the government of a
            foreign country, under chapter 1 or 10 of part I or chapter 4 of
            part II of the Foreign Assistance Act of 1961, as cash transfer
            assistance or as nonproject sector assistance, that country
            shall be required to maintain such funds in a separate account
            and not commingle them with any other funds.
                (2) Applicability of other provisions of law.--Such funds
            may be obligated and expended notwithstanding provisions of law
            which are inconsistent with the nature of this assistance
            including provisions which are referenced in the Joint
            Explanatory Statement of the Committee of Conference
            accompanying House Joint Resolution 648 (House Report No. 98-
            1159).
                (3) Notification.--At least <<NOTE: Deadline. President.>>
            15 days prior to obligating any such cash transfer or nonproject
            sector assistance, the President shall submit a notification
            through the regular notification procedures of the Committees on
            Appropriations, which shall include a detailed description of
            how the funds proposed to be made available will be used, with a
            discussion of the United States interests that will be served by
            the assistance (including, as appropriate, a description of the
            economic policy reforms that will be promoted by such
            assistance).
                (4) Exemption.--Nonproject sector assistance funds may be
            exempt from the requirements of subsection (b)(1) only through
            the regular notification procedures of the Committees on
            Appropriations.

                           eligibility for assistance

        Sec. 7028. (a) Assistance Through Nongovernmental Organizations.--
    Restrictions contained in this or any other Act with respect to
    assistance for a country shall not be construed to restrict assistance
    in support of programs of nongovernmental organizations from funds
    appropriated by this Act to carry out the provisions of chapters 1, 10,
    11, and 12 of part I and chapter 4 of part II of the Foreign Assistance
    Act of 1961, and from funds appropriated under the heading ``Assistance
    for Europe, Eurasia and Central
    Asia'': <<NOTE: President. Notification.>>  Provided, That before using
    the authority of this subsection to furnish assistance in support of
    programs of nongovernmental organizations, the President shall notify
    the Committees on Appropriations under the regular notification
    procedures of those committees, including a description of the program
    to be assisted, the assistance to be provided, and the reasons for
    furnishing such assistance: <<NOTE: Abortion. Sterilization.>>  Provided
    further, That nothing in this subsection shall be construed to alter any
    existing statutory

    [[Page 123 STAT. 3357]]

    prohibitions against abortion or involuntary sterilizations contained in
    this or any other Act.

        (b) Public Law 480.--During fiscal year 2010, restrictions contained
    in this or any other Act with respect to assistance for a country shall
    not be construed to restrict assistance under the Agricultural Trade
    Development and Assistance Act of 1954: Provided, That none of the funds
    appropriated to carry out title I of such Act and made available
    pursuant to this subsection may be obligated or expended except as
    provided through the regular notification procedures of the Committees
    on Appropriations.
        (c) Exception.--This section shall not apply--
                (1) with respect to section 620A of the Foreign Assistance
            Act of 1961 or any comparable provision of law prohibiting
            assistance to countries that support international terrorism; or
                (2) with respect to section 116 of the Foreign Assistance
            Act of 1961 or any comparable provision of law prohibiting
            assistance to the government of a country that violates
            internationally recognized human rights.

                       impact on jobs in the united states

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

                      international financial institutions

        Sec. 7030. (a) None of the funds appropriated in title V of this Act
    may be made as payment to any international financial institution while
    the United States Executive Director to such institution is compensated
    by the institution at a rate which, together with whatever compensation
    such Director receives from the United States, is in excess of the rate
    provided for an individual occupying a position at level IV of the
    Executive Schedule under section 5315 of title 5, United States Code, or
    while any alternate United States Director to such institution is
    compensated by the institution at a rate in excess of the rate provided
    for an individual occupying a position at level V of the Executive
    Schedule under section 5316 of title 5, United States Code.
        (b) The Secretary of the Treasury shall instruct the United States
    Executive Director at each international financial institution

    [[Page 123 STAT. 3358]]

    to oppose any loan, grant, strategy or policy of such institution that
    would require user fees or service charges on poor people for primary
    education or primary healthcare, including prevention, care and
    treatment for HIV/AIDS, malaria, tuberculosis, and infant, child, and
    maternal health, in connection with the institutions' financing
    programs.
        (c) The Secretary of the Treasury shall instruct the United States
    Executive Director of the International Monetary Fund (the Fund) to use
    the voice and vote of the United States to oppose any loan, project,
    agreement, memorandum, instrument, plan, or other program of the Fund to
    a Heavily Indebted Poor Country that imposes budget caps or restraints
    that do not allow the maintenance of or an increase in governmental
    spending on health care or education; and to promote government spending
    on health care, education, food aid, or other critical safety net
    programs in all of the Fund's activities with respect to Heavily
    Indebted Poor Countries.
        (d) For purposes of this section ``international financial
    institutions'' are the International Bank for Reconstruction and
    Development, the Inter-American Development Bank, the Asian Development
    Bank, the Asian Development Fund, the African Development Bank, the
    African Development Fund, the International Monetary Fund, the North
    American Development Bank, and the European Bank for Reconstruction and
    Development.

                              debt-for-development

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

                  authority to engage in debt buybacks or sales

        Sec. 7032. (a) Loans Eligible for Sale, Reduction, or
    Cancellation.--
                (1) Authority to sell, reduce, or cancel certain loans.--
            Notwithstanding any other provision of law, the President may,
            in accordance with this section, sell to any eligible purchaser
            any concessional loan or portion thereof made before January 1,
            1995, pursuant to the Foreign Assistance Act of 1961, to the
            government of any eligible country as defined in section 702(6)
            of that Act or on receipt of payment from an eligible purchaser,
            reduce or cancel such loan or portion thereof, only for the
            purpose of facilitating--
                        (A) debt-for-equity swaps, debt-for-development
                    swaps, or debt-for-nature swaps; or
                        (B) a debt buyback by an eligible country of its own
                    qualified debt, only if the eligible country uses an
                    additional amount of the local currency of the eligible
                    country, equal to not less than 40 percent of the price
                    paid for such debt by such eligible country, or the
                    difference between

    [[Page 123 STAT. 3359]]

                    the price paid for such debt and the face value of such
                    debt, to support activities that link conservation and
                    sustainable use of natural resources with local
                    community development, and child survival and other
                    child development, in a manner consistent with sections
                    707 through 710 of the Foreign Assistance Act of 1961,
                    if the sale, reduction, or cancellation would not
                    contravene any term or condition of any prior agreement
                    relating to such loan.
                (2) Terms and conditions.--Notwithstanding
            any <<NOTE: President.>>  other provision of law, the President
            shall, in accordance with this section, establish the terms and
            conditions under which loans may be sold, reduced, or canceled
            pursuant to this section.
                (3) Administration.--The
            Facility, <<NOTE: Notification. President. Determination.>>  as
            defined in section 702(8) of the Foreign Assistance Act of 1961,
            shall notify the administrator of the agency primarily
            responsible for administering part I of the Foreign Assistance
            Act of 1961 of purchasers that the President has determined to
            be eligible, and shall direct such agency to carry out the sale,
            reduction, or cancellation of a loan pursuant to this section:
            Provided, That such agency shall make adjustment in its accounts
            to reflect the sale, reduction, or cancellation.
                (4) Limitation.--The authorities of this subsection shall be
            available only to the extent that appropriations for the cost of
            the modification, as defined in section 502 of the Congressional
            Budget Act of 1974, are made in advance.

        (b) Deposit of Proceeds.--The proceeds from the sale, reduction, or
    cancellation of any loan sold, reduced, or canceled pursuant to this
    section shall be deposited in the United States Government account or
    accounts established for the repayment of such loan.
        (c) Eligible Purchasers.--A loan may be sold pursuant to subsection
    (a)(1)(A) only to a purchaser who presents plans satisfactory to the
    President for using the loan for the purpose of engaging in debt-for-
    equity swaps, debt-for-development swaps, or debt-for-nature swaps.
        (d) Debtor Consultations.--Before the sale to any eligible
    purchaser, or any reduction or cancellation pursuant to this section, of
    any loan made to an eligible country, the President should consult with
    the country concerning the amount of loans to be sold, reduced, or
    canceled and their uses for debt-for-equity swaps, debt-for-development
    swaps, or debt-for-nature swaps.
        (e) Availability of Funds.--The authority provided by subsection (a)
    may be used only with regard to funds appropriated by this Act under the
    heading ``Debt Restructuring''.

                       special debt relief for the poorest

        Sec. 7033. (a) Authority to Reduce Debt.--The President may reduce
    amounts owed to the United States (or any agency of the United States)
    by an eligible country as a result of--
                (1) guarantees issued under sections 221 and 222 of the
            Foreign Assistance Act of 1961;
                (2) credits extended or guarantees issued under the Arms
            Export Control Act; or
                (3) any obligation or portion of such obligation, to pay for
            purchases of United States agricultural commodities guaranteed
            by the Commodity Credit Corporation under export credit
            guarantee programs authorized pursuant to section 5(f) of the

    [[Page 123 STAT. 3360]]

            Commodity Credit Corporation Charter Act of June 29, 1948, as
            amended, section 4(b) of the Food for Peace Act of 1966, as
            amended (Public Law 89-808), or section 202 of the Agricultural
            Trade Act of 1978, as amended (Public Law 95-501).

        (b) Limitations.--
                (1) The authority provided by subsection (a) may be
            exercised only to implement multilateral official debt relief
            and referendum agreements, commonly referred to as ``Paris Club
            Agreed Minutes''.
                (2) The authority provided by subsection (a) may be
            exercised only in such amounts or to such extent as is provided
            in advance by appropriations Acts.
                (3) The authority provided by subsection (a) may be
            exercised only with respect to countries with heavy debt burdens
            that are eligible to borrow from the International Development
            Association, but not from the International Bank for
            Reconstruction and Development, commonly referred to as ``IDA-
            only'' countries.

        (c) Conditions.--The authority provided by subsection (a) may be
    exercised only with respect to a country whose government--
                (1) does not have an excessive level of military
            expenditures;
                (2) has not repeatedly provided support for acts of
            international terrorism;
                (3) is not failing to cooperate on international narcotics
            control matters;
                (4) (including its military or other security forces) does
            not engage in a consistent pattern of gross violations of
            internationally recognized human rights; and
                (5) is not ineligible for assistance because of the
            application of section 527 of the Foreign Relations
            Authorization Act, Fiscal Years 1994 and 1995.

        (d) Availability of Funds.--The authority provided by subsection (a)
    may be used only with regard to the funds appropriated by this Act under
    the heading ``Debt Restructuring''.
        (e) Certain Prohibitions Inapplicable.--A reduction of debt pursuant
    to subsection (a) shall not be considered assistance for the purposes of
    any provision of law limiting assistance to a country: Provided, That
    the authority provided by subsection (a) may be exercised
    notwithstanding section 620(r) of the Foreign Assistance Act of 1961 or
    section 321 of the International Development and Food Assistance Act of
    1975.

                               special authorities

        Sec. 7034. (a) <<NOTE: Notification.>>  Afghanistan, Iraq, Pakistan,
    Lebanon, Montenegro, Victims of War, Displaced Children, and Displaced
    Burmese.--Funds appropriated under titles III through VI of this Act
    that are made available for assistance for Afghanistan may be made
    available notwithstanding section 7012 of this Act or any similar
    provision of law and section 660 of the Foreign Assistance Act of 1961,
    and funds appropriated in titles III and VI of this Act that are made
    available for Iraq, Lebanon, Montenegro, Pakistan, and for victims of
    war, displaced children, and displaced Burmese, and to assist victims of
    trafficking in persons and, subject

    [[Page 123 STAT. 3361]]

    to the regular notification procedures of the Committees on
    Appropriations, to combat such trafficking, may be made available
    notwithstanding any other provision of law.

        (b) Waiver.-- <<NOTE: President. Determination. Certification.>>
                (1) The President may waive the provisions of section 1003
            of Public Law 100-204 if the President determines and certifies
            in writing to the Speaker of the House of Representatives, the
            President pro tempore of the Senate, and the Committees on
            Appropriations that it is important to the national security
            interests of the United States.
                (2) Period of application of waiver.--Any waiver pursuant to
            paragraph (1) shall be effective for no more than a period of 6
            months at a time and shall not apply beyond 12 months after the
            enactment of this Act.

        (c) Small Business.--In entering into multiple award indefinite-
    quantity contracts with funds appropriated by this Act, the United
    States Agency for International Development may provide an exception to
    the fair opportunity process for placing task orders under such
    contracts when the order is placed with any category of small or small
    disadvantaged business.
        (d) Authority Repealed.--Section 7034(d) of Public Law 111-8
    is <<NOTE: Ante, p. 877.>>  hereby repealed.

        (e) Reconstituting Civilian Police Authority.--In providing
    assistance with funds appropriated by this Act under section 660(b)(6)
    of the Foreign Assistance Act of 1961, support for a nation emerging
    from instability may be deemed to mean support for regional, district,
    municipal, or other sub-national entity emerging from instability, as
    well as a nation emerging from instability.
        (f) Extension of Authority.--The Foreign Operations, Export
    Financing, and Related Programs Appropriations Act, 1990 (Public Law
    101-167) is amended--
                (1) in section 599D (8 U.S.C. 1157 note)--
                        (A) in subsection (b)(3), by striking ``and 2009''
                    and inserting ``2009, and 2010''; and
                        (B) in subsection (e), by striking ``2009'' each
                    place it appears and inserting ``2010''; and
                (2) in section 599E (8 U.S.C. 1255 note) in subsection
            (b)(2), by striking ``2009'' and inserting ``2010''.

        (g) World Food Program.--Of the funds managed by the Bureau for
    Democracy, Conflict, and Humanitarian Assistance, United States Agency
    for International Development, from this or any other Act, not less than
    $10,000,000 shall be made available as a general contribution to the
    World Food Program, notwithstanding any other provision of law.
        (h) Disarmament, Demobilization and Reintegration.--Notwithstanding
    any other provision of law, regulation or Executive order, funds
    appropriated by this Act and prior Acts making appropriations for the
    Department of State, foreign operations, and related programs under the
    headings ``Economic Support Fund'', ``Peacekeeping Operations'',
    ``International Disaster Assistance'', and ``Transition Initiatives''
    should be made available to support programs to disarm, demobilize, and
    reintegrate into civilian society former members of foreign terrorist
    organizations: <<NOTE: Consultation.>>  Provided, That the Secretary of
    State shall consult with the Committees on Appropriations prior to the
    obligation of funds pursuant to this subsection: Provided further,
    That <<NOTE: Definition.>>  for the purposes of this subsection the term

    [[Page 123 STAT. 3362]]

    ``foreign terrorist organization'' means an organization designated as a
    terrorist organization under section 219 of the Immigration and
    Nationality Act.

        (i) Middle East Foundation.--Funds
    appropriated <<NOTE: Notification.>>  by this Act and prior Acts for a
    Middle East Foundation shall be subject to the regular notification
    procedures of the Committees on Appropriations.

        (j) Contingencies.--During fiscal year 2010, the President may use
    up to $50,000,000 under the authority of section 451 of the Foreign
    Assistance Act of 1961, notwithstanding any other provision of law.
        (k) Program for Research and Training on Eastern Europe and the
    Independent States of the Former Soviet Union.--Of the funds
    appropriated by this Act under the heading, ``Economic Support Fund'',
    not less than $5,000,000 shall be made available to carry out the
    Program for Research and Training on Eastern Europe and the Independent
    States of the Former Soviet Union (title VIII) as authorized by the
    Soviet-Eastern European Research and Training Act of 1983 (22 U.S.C.
    4501-4508, as amended).
        (l) Interparliamentary Exchanges.--Of the unobligated funds in the
    ``Educational and Cultural Exchange Programs'' appropriation account,
    $411,687 shall be transferred to the permanent appropriation for
    delegation expenses provided under section 303 of the Departments of
    Commerce, Justice, and State, the Judiciary, and Related Agencies
    Appropriations Act, 1988, as enacted into law by section 101(a) of
    Public Law 100-202 (22 USC 276e note), for the purpose of conducting
    Interparliamentary Exchanges and shall remain available until expended.
        (m) Democracy Promotion.--
                (1) Funds made available by this Act that are made available
            for the promotion of democracy may be made available
            notwithstanding any other provision of law, and with regard to
            the National Endowment for Democracy, any regulation.
                (2) For the purposes of funds appropriated by this Act, the
            term ``promotion of democracy'' means programs that support good
            governance, human rights, independent media, and the rule of
            law, and otherwise strengthen the capacity of democratic
            political parties, governments, nongovernmental organizations
            and institutions, and citizens to support the development of
            democratic states, institutions, and practices that are
            responsive and accountable to citizens.
                (3) Any <<NOTE: Contracts. Grants. Notification.>>
            contract, grant, or cooperative agreement (or any amendment to
            any contract, grant or cooperative agreement) in excess of
            $1,000,000 of funds under the heading ``Democracy Fund'', and in
            excess of $2,500,000 under other headings in this Act for the
            promotion of democracy, with the exception of programs and
            activities of the National Endowment for Democracy, shall be
            subject to the regular notification procedures of the Committees
            on Appropriations.
                (4) With respect to the provision of assistance for
            democracy, human rights and governance activities in this Act,
            the organizations implementing such assistance and the specific
            nature of that assistance shall not be subject to the prior
            approval by the government of any foreign country.
                (5) Of the funds appropriated under title III of this Act
            that are made available for the promotion of democracy, not less
            than $30,000,000 shall be made available to expand access

    [[Page 123 STAT. 3363]]

            to information and communications through the Internet, and
            shall be used for programs that provide unmonitored and
            uncensored access to the Internet for large numbers of users
            living in closed societies that have acutely hostile Internet
            environments.

        (n) Personnel.--The authority <<NOTE: Termination date.>>  provided
    by section 1113 of Public Law 111-32 shall remain in effect through
    fiscal year 2010.

        (o) Partner Vetting.--None of the funds appropriated by this Act or
    any prior Act may be used by the Secretary of State or the Administrator
    of the United States Agency for International Development (USAID) to
    implement a Partner Vetting System (PVS): Provided,
    That <<NOTE: Applicability.>>  notwithstanding the previous sentence,
    funds appropriated by this Act may be used to implement a PVS pilot
    program, including necessary rulemaking: Provided further, That any such
    PVS pilot program shall apply equally to the programs and activities of
    the Department of State and
    USAID: <<NOTE: Consultation. Deadline. Notification.>>  Provided
    further, That the Secretary of State and the USAID Administrator shall
    jointly consult with the Committees on Appropriations not later than 90
    days after enactment of this Act and prior to the implementation of such
    a PVS pilot program, and such funds shall be subject to the regular
    notification procedures of the Committees on Appropriations.

        (p) Spending Plans.--The Secretary <<NOTE: Deadline.>>  of State
    shall submit to the Committees on Appropriations not later than 45 days
    after enactment of this Act, and prior to the initial obligation of
    funds for assistance for Afghanistan, Pakistan, and Iraq, detailed
    spending plans for funds appropriated for such purposes.

        (q) Technical Corrections.--
                (1)(A) Section 67 of the Bretton Woods Agreements Act, as
            added by section 1402 of the Supplemental Appropriations Act,
            2009 (Public Law 111-32), <<NOTE: Ante, p. 1918.>>  is amended
            by striking ``resolution numbered 54-4'' and inserting
            ``resolution numbered 52-4''.
                (B) The <<NOTE: Effective date. 22 USC 286ss note.>>
            amendment made by subparagraph (A) shall take effect as if
            included in the enactment of section 1402 of Public Law 111-32.
                (2) Section <<NOTE: 22 USC 2222.>>  302(l) of the Foreign
            Assistance Act of 1961 is amended by striking ``Vaccine Fund''
            and inserting ``GAVI Alliance''.

        (r) Accountability Review Boards.--The authority <<NOTE: Termination
    date. 22 USC 4831 note.>>  provided by section 301(a)(3) of the Omnibus
    Diplomatic Security and Antiterrorism Act of 1986 (22 U.S.C. 4831(a)(3))
    shall remain in effect through September 30, 2010.

        (s) Protections and Remedies for Employees of Diplomatic Missions
    and International Organizations.--The
    Secretary <<NOTE: Implementation.>>  of State shall promptly and fully
    implement section 203(a)(2) of the William Wilberforce Trafficking
    Victims Protection Reauthorization Act of 2008 (Public Law 110-457):
    Provided, That in determining whether to suspend the issuance of A-3 or
    G-5 visas to applicants seeking to work for officials of a diplomatic
    mission or international organization, the Secretary shall consider
    whether a final court judgment has been issued against a current or
    former employee of such mission or organization (and the time period for
    a final appeal has expired): Provided further, That the Secretary should
    assist in obtaining payment of final court judgments awarded to A-3 and
    G-5 visa holders: Provided further, That the Secretary should include
    all trafficking cases involving A-3 or G-5 visa

    [[Page 123 STAT. 3364]]

    holders in the Trafficking in Persons annual report where a final civil
    judgment has been issued (and the time period for final appeal has
    expired) or the Department of Justice has determined that the United
    States Government would seek to indict the diplomat or a family member
    but for diplomatic immunity.

        (t) International Tribunal for Yugoslavia.--Section 1342(c)(3) of
    the National Defense Authorization Act for Fiscal Year 1996 (Public Law
    104-106) <<NOTE: 18 USC 3181 note.>>  is amended by adding ``, as
    amended'' after ``signed at The Hague, October 5, 1994''.

                          arab league boycott of israel

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

                              palestinian statehood

        Sec. 7036. (a) Limitation on Assistance.--None
    of <<NOTE: Determination. Certification.>>  the funds appropriated under
    titles III through VI of this Act may be provided to support a
    Palestinian state unless the Secretary of State determines and certifies
    to the appropriate congressional committees that--
                (1) the governing entity of a new Palestinian state--
                        (A) has demonstrated a firm commitment to peaceful
                    co-existence with the State of Israel;
                        (B) is taking appropriate measures to counter
                    terrorism and terrorist financing in the West Bank and
                    Gaza, including the dismantling of terrorist
                    infrastructures, and is cooperating with appropriate
                    Israeli and other appropriate security organizations;
                    and
                (2) the Palestinian Authority (or the governing entity of a
            new Palestinian state) is working with other countries in the
            region to vigorously pursue efforts to establish a just,
            lasting, and comprehensive peace in the Middle East that will
            enable Israel and an independent Palestinian state to exist

    [[Page 123 STAT. 3365]]

            within the context of full and normal relationships, which
            should include--
                        (A) termination of all claims or states of
                    belligerency;
                        (B) respect for and acknowledgment of the
                    sovereignty, territorial integrity, and political
                    independence of every state in the area through measures
                    including the establishment of demilitarized zones;
                        (C) their right to live in peace within secure and
                    recognized boundaries free from threats or acts of
                    force;
                        (D) freedom of navigation through international
                    waterways in the area; and
                        (E) a framework for achieving a just settlement of
                    the refugee problem.

        (b) Sense of Congress.--It is the sense of Congress that the
    governing entity should enact a constitution assuring the rule of law,
    an independent judiciary, and respect for human rights for its citizens,
    and should enact other laws and regulations assuring transparent and
    accountable governance.
        (c) Waiver.--The President <<NOTE: President. Determination.>>  may
    waive subsection (a) if he determines that it is important to the
    national security interests of the United States to do so.

        (d) Exemption.--The restriction in subsection (a) shall not apply to
    assistance intended to help reform the Palestinian Authority and
    affiliated institutions, or the governing entity, in order to help meet
    the requirements of subsection (a), consistent with the provisions of
    section 7040 of this Act (``Limitation on Assistance to the Palestinian
    Authority'').

                restrictions concerning the palestinian authority

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

      prohibition on assistance to the palestinian broadcasting corporation

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

    [[Page 123 STAT. 3366]]

                      assistance for the west bank and gaza

        Sec. 7039. (a) Oversight.--For
    fiscal <<NOTE: Deadline. Certification. Procedures.>>  year 2010, 30
    days prior to the initial obligation of funds for the bilateral West
    Bank and Gaza Program, the Secretary of State shall certify to the
    Committees on Appropriations that procedures have been established to
    assure the Comptroller General of the United States will have access to
    appropriate United States financial information in order to review the
    uses of United States assistance for the Program funded under the
    heading ``Economic Support Fund'' for the West Bank and Gaza.

        (b) Vetting.--Prior to <<NOTE: Terrorism.>>  the obligation of funds
    appropriated by this Act under the heading ``Economic Support Fund'' for
    assistance for the West Bank and Gaza, the Secretary of State shall take
    all appropriate steps to ensure that such assistance is not provided to
    or through any individual, private or government entity, or educational
    institution that the Secretary knows or has reason to believe advocates,
    plans, sponsors, engages in, or has engaged in, terrorist activity nor,
    with respect to private entities or educational institutions, those that
    have as a principal officer of the entity's governing board or governing
    board of trustees any individual that has been determined to be involved
    in, or advocating terrorist activity or determined to be a member of a
    designated foreign terrorist organization: Provided,
    That <<NOTE: Procedures. Determination.>>  the Secretary of State shall,
    as appropriate, establish procedures specifying the steps to be taken in
    carrying out this subsection and shall terminate assistance to any
    individual, entity, or educational institution which the Secretary has
    determined to be involved in or advocating terrorist activity.

        (c) Prohibition.--
                (1) None of the funds appropriated under titles III through
            VI of this Act for assistance under the West Bank and Gaza
            Program may be made available for the purpose of recognizing or
            otherwise honoring individuals who commit, or have committed
            acts of terrorism.
                (2) Notwithstanding <<NOTE: Reports.>>  any other provision
            of law, none of the funds made available by this or prior
            appropriations Acts, including funds made available by transfer,
            may be made available for obligation for security assistance for
            the West Bank and Gaza until the Secretary of State reports to
            the Committees on Appropriations on the benchmarks that have
            been established for security assistance for the West Bank and
            Gaza and reports on the extent of Palestinian compliance with
            such benchmarks.

        (d) Audits.--
                (1) The Administrator of the United States Agency for
            International Development shall ensure that Federal or non-
            Federal audits of all contractors and grantees, and significant
            subcontractors and sub-grantees, under the West Bank and Gaza
            Program, are conducted at least on an annual basis to ensure,
            among other things, compliance with this section.
                (2) Of the funds appropriated by this Act up to $500,000 may
            be used by the Office of Inspector General of the United States
            Agency for International Development for audits, inspections,
            and other activities in furtherance of the requirements of this
            subsection: Provided, That such funds are in addition to funds
            otherwise available for such purposes.

    [[Page 123 STAT. 3367]]

        (e) Subsequent <<NOTE: Audit. Investigation.>>  to the certification
    specified in subsection (a), the Comptroller General of the United
    States shall conduct an audit and an investigation of the treatment,
    handling, and uses of all funds for the bilateral West Bank and Gaza
    Program, including all funds provided as cash transfer assistance, in
    fiscal year 2010 under the heading ``Economic Support Fund'', and such
    audit shall address--
                (1) the extent to which such Program complies with the
            requirements of subsections (b) and (c); and
                (2) an examination of all programs, projects, and activities
            carried out under such Program, including both obligations and
            expenditures.

        (f) Funds <<NOTE: Notification.>>  made available in this Act for
    West Bank and Gaza shall be subject to the regular notification
    procedures of the Committees on Appropriations.

        (g) Not <<NOTE: Deadline. Reports.>>  later than 180 days after
    enactment of this Act, the Secretary of State shall submit a report to
    the Committees on Appropriations updating the report contained in
    section 2106 of chapter 2 of title II of Public Law 109-13.

             limitation on assistance for the palestinian authority

        Sec. 7040. (a) Prohibition of Funds.--None of the funds appropriated
    by this Act to carry out the provisions of chapter 4 of part II of the
    Foreign Assistance Act of 1961 may be obligated or expended with respect
    to providing funds to the Palestinian Authority.
        (b) Waiver.--The prohibition <<NOTE: President. Certification.>>
    included in subsection (a) shall not apply if the President certifies in
    writing to the Speaker of the House of Representatives, the President
    pro tempore of the Senate, and the Committees on Appropriations that
    waiving such prohibition is important to the national security interests
    of the United States.

        (c) Period of Application of Waiver.--Any waiver pursuant to
    subsection (b) shall be effective for no more than a period of 6 months
    at a time and shall not apply beyond 12 months after the enactment of
    this Act.
        (d) Report.--Whenever the <<NOTE: President.>>  waiver authority
    pursuant to subsection (b) is exercised, the President shall submit a
    report to the Committees on Appropriations detailing the justification
    for the waiver, the purposes for which the funds will be spent, and the
    accounting procedures in place to ensure that the funds are properly
    disbursed: Provided, That the report shall also detail the steps the
    Palestinian Authority has taken to arrest terrorists, confiscate weapons
    and dismantle the terrorist infrastructure.

        (e) Certification.--If the <<NOTE: Reports.>>  President exercises
    the waiver authority under subsection (b), the Secretary of State must
    certify and report to the Committees on Appropriations prior to the
    obligation of funds that the Palestinian Authority has established a
    single treasury account for all Palestinian Authority financing and all
    financing mechanisms flow through this account, no parallel financing
    mechanisms exist outside of the Palestinian Authority treasury account,
    and there is a single comprehensive civil service roster and payroll.

        (f) Prohibition to Hamas and the Palestine Liberation
    Organization.--

    [[Page 123 STAT. 3368]]

                (1) None of the funds appropriated in titles III through VI
            of this Act may be obligated for salaries of personnel of the
            Palestinian Authority located in Gaza or may be obligated or
            expended for assistance to Hamas or any entity effectively
            controlled by Hamas or any power-sharing government of which
            Hamas is a member.
                (2)
            Notwithstanding <<NOTE: President. Certification. Reports.>>
            the limitation of subsection (1), assistance may be provided to
            a power-sharing government only if the President certifies and
            reports to the Committees on Appropriations that such
            government, including all of its ministers or such equivalent,
            has publicly accepted and is complying with the principles
            contained in section 620K(b)(1)(A) and (B) of the Foreign
            Assistance Act of 1961, as amended.
                (3) The President may exercise the authority in section
            620K(e) of the Foreign Assistance Act as added by the
            Palestinian Anti-Terrorism Act of 2006 (Public Law 109-446) with
            respect to this subsection.
                (4) Whenever <<NOTE: Reports. Deadline.>>  the certification
            pursuant to paragraph (2) is exercised, the Secretary of State
            shall submit a report to the Committees on Appropriations within
            120 days of the certification and every quarter thereafter on
            whether such government, including all of its ministers or such
            equivalent are continuing to comply with the principles
            contained in section 620K(b)(l)(A) and (B) of the Foreign
            Assistance Act of 1961, as amended: Provided, That the report
            shall also detail the amount, purposes and delivery mechanisms
            for any assistance provided pursuant to the abovementioned
            certification and a full accounting of any direct support of
            such government.
                (5) None of the funds appropriated under titles III through
            VI of this Act may be obligated for assistance for the Palestine
            Liberation Organization.

                                  saudi arabia

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

                                    near east

        Sec. 7042. (a) Egypt.--
                (1) Of the funds appropriated by titles III and IV of this
            Act, not less than $1,295,200,000 shall be made available for
            assistance for Egypt.
                (2) Of the funds appropriated by this Act under the heading
            ``Economic Support Fund'' for assistance for Egypt, up to
            $50,000,000 may be made available for an endowment to further
            the shared interests of the United States and Egypt, consistent
            with the purposes and requirements for which such funds are
            requested in the fiscal year 2010 congressional budget
            justification materials and appropriated under such heading:
            Provided, That <<NOTE: Consultation. Notification.>>  the
            Secretary of State shall consult with the Committees on
            Appropriations on the establishment of such an endowment, and
            any funds to be used for such an endowment shall be subject to
            the regular notification procedures of the Committees on
            Appropriations.

    [[Page 123 STAT. 3369]]

        (b) Iraq.--
                (1) Of the funds appropriated by titles III and IV of this
            Act, up to $466,800,000 may be made available for assistance for
            Iraq.
                (2) The <<NOTE: Applicability.>>  terms and conditions of
            section 1106(a) and (b) of Public Law 111-32 shall apply to
            assistance for Iraq in fiscal year 2010.
                (3) None <<NOTE: Base rights.>>  of the funds made available
            in this Act may be used by the Government of the United States
            to enter into a permanent basing rights agreement between the
            United States and Iraq.

        (c) Jordan.--Of the funds appropriated by titles III and IV of this
    Act, not less than $542,950,000 shall be made available for assistance
    for Jordan.
        (d) Lebanon.--
                (1) Of the funds appropriated by titles III and IV of this
            Act, not less than $238,300,000 shall be made available for
            assistance for Lebanon.
                (2) Funds appropriated under the heading ``Foreign Military
            Financing Program'' in this Act for assistance for Lebanon shall
            be made available only to professionalize the Lebanese Armed
            Forces and to strengthen border security and combat terrorism,
            including training and equipping the Lebanese Armed Forces to
            secure Lebanon's borders, interdicting arms shipments,
            preventing the use of Lebanon as a safe haven for terrorist
            groups and implementing United Nations Security Council
            Resolution 1701: Provided, That <<NOTE: Spending plan.>>  funds
            may not be made available for obligation until the Secretary of
            State provides the Committees on Appropriations a detailed
            spending plan.

        (e) Middle East Peace.--Funds appropriated by this Act should be
    made available in a manner to further peace in the Middle East between
    Israelis and Palestinians.
        (f) West Bank and Gaza.--
                (1) Of the funds appropriated by titles III and IV of this
            Act, $502,900,000 shall be made available for assistance for the
            West Bank and Gaza.
                (2) The <<NOTE: Applicability.>>  reporting requirements
            contained in section 1404 of Public Law 110-242 shall apply to
            funds made available by this Act, including a description of
            modifications, if any, to the security strategy of the
            Palestinian Authority.
                (3) The <<NOTE: Applicability.>>  reporting requirements
            regarding the United Nations Relief and Works Agency contained
            in the joint explanatory statement accompanying the Supplemental
            Appropriations Act, 2009 (Public Law 111-32, House Report 111-
            151) under the heading ``Migration and Refugee Assistance'' in
            title XI shall apply to funds made available by this Act under
            such heading.

                                 iran sanctions

        Sec. 7043. (a) Use of Funds.--It is the policy of the United States
    to seek to prevent Iran from achieving the capability to produce or
    otherwise manufacture nuclear weapons, including by supporting
    international diplomatic efforts to halt Iran's uranium enrichment
    program, and the President should fully implement and enforce the Iran
    Sanctions Act of 1996, as amended (Public

    [[Page 123 STAT. 3370]]

    Law 104-172) as a means of encouraging foreign governments to require
    state-owned and private entities to cease all investment in, and support
    of, Iran's energy sector and all exports of refined petroleum products
    to Iran.
        (b) Limitation.--
                (1) None of the funds made available in title VI of this Act
            under the heading ``Program Account'' or ``Subsidy
            Appropriation'' may be used by the Export-Import Bank of the
            United States to authorize any new guarantee, insurance, or
            extension of credit for any project controlled by an energy
            producer or refiner that continues to:
                        (A) provide Iran with significant refined petroleum
                    resources;
                        (B) materially contribute to Iran's capability to
                    import refined petroleum resources; or
                        (C) allow Iran to maintain or expand, in any
                    material respect, its domestic production of refined
                    petroleum resources, including any assistance in
                    refinery construction, modernization, or repair.
                (2) If <<NOTE: Determination. Reports. Exemption.>>  the
            Secretary of State determines and reports to the Committees on
            Appropriations that a country is closely cooperating with
            efforts of the United States related to Iran, such as through
            the imposition of sanctions, the Secretary may exempt private
            entities from such country from the limitation under paragraph
            (1).
                (3) The <<NOTE: President. Waiver
            authority. Determination. Reports.>>  President may waive the
            limitation under paragraph (1) if the President determines and
            reports to the Committees on Appropriations that to do so is
            important to the national security interest of the United
            States.

        (c) Reports.--
                (1) The Secretary of State shall submit to the Committees on
            Appropriations, not later than 90 days after the date of
            enactment of this Act and the end of each 90-day period
            thereafter until September 30, 2010, a report on the status of
            the bilateral and multilateral efforts aimed at curtailing the
            pursuit by Iran of nuclear weapons technology.
                (2) The <<NOTE: Deadline. Reports.>>  Secretary of State, in
            consultation with the Secretary of the Treasury, shall submit to
            the Committees on Appropriations, not later than 180 days after
            the date of enactment of this Act, a report on the status of
            bilateral United States and multilateral sanctions against Iran
            and actions taken by the United States and the international
            community to enforce sanctions against Iran: Provided, That such
            report may be submitted in classified form if necessary and
            shall include the following:
                        (A) a list of all current United States bilateral
                    and multilateral sanctions against Iran;
                        (B) a list of all United States and foreign entities
                    that the Secretary of State has reason to believe may be
                    in violation of existing United States bilateral and
                    multilateral sanctions;
                        (C) a detailed description of United States efforts
                    to enforce sanctions, including a list of all
                    investigations initiated in the 12 months preceding the
                    date of enactment of this Act that have resulted in a
                    determination that a sanctions violation has occurred,
                    and actions taken by

    [[Page 123 STAT. 3371]]

                    the United States Government pursuant to the
                    determination;
                        (D) any case in which sanctions were waived or
                    otherwise not imposed against an entity which was
                    determined to have engaged in activities for which
                    sanctions should be imposed and the reason why action
                    was not taken to sanction the entity; and
                        (E) a description of United States diplomatic
                    efforts to expand bilateral and multilateral sanctions
                    against Iran and strengthen international efforts to
                    enforce existing sanctions.

                       aircraft transfer and coordination

        Sec. 7044. (a) Transfer Authority.--Notwithstanding any other
    provision of law or regulation, aircraft procured with funds
    appropriated by this Act and prior Acts making appropriations for the
    Department of State, foreign operations, and related programs under the
    headings ``Diplomatic and Consular Programs'', ``International Narcotics
    Control and Law Enforcement'', and ``Andean Counterdrug Programs'' may
    be used for any other program and in any region, including for the
    transportation of active and standby Civilian Response Corps personnel
    and equipment during a deployment: Provided, That the responsibility for
    policy decisions and justification for the use of such transfer
    authority shall be the responsibility of the Secretary of State and the
    Deputy Secretary of State and this responsibility shall not be
    delegated.
        (b) Property Disposal.--The
    authority <<NOTE: Applicability. Determination.>>  provided in
    subsection (a) shall apply only after a determination by the Secretary
    of State to the Committees on Appropriations that the equipment is no
    longer required to meet programmatic purposes in the designated country
    or region: Provided, That <<NOTE: Notification.>>  any such transfer
    shall be subject to prior consultation with, and the regular
    notification procedures of, the Committees on Appropriations.

        (c) Aircraft Coordination.--
                (1) The uses of aircraft purchased or leased by the
            Department of State and the United States Agency for
            International Development (USAID) with funds made available in
            this Act or prior Acts making appropriations for the Department
            of State, foreign operations, and related programs shall be
            coordinated under the authority of the appropriate Chief of
            Mission: Provided, That such aircraft may be used to transport
            Federal and non-Federal personnel supporting the Department of
            State and USAID programs and activities: Provided further, That
            official travel for other agencies for other purposes may be
            supported on a reimbursable basis, or without reimbursement when
            traveling on a space available basis.
                (2) The <<NOTE: Applicability.>>  requirement and
            authorities of this subsection shall only apply to aircraft, the
            primary purpose of which is the transportation of personnel.

        (d) Air Fleets.--Not later <<NOTE: Deadline. Reports.>>  than
    September 30, 2010, the Secretary of State, in consultation with the
    USAID Administrator, shall submit a report to the Committees on
    Appropriations detailing the total inventory of aircraft procured,
    leased, or contracted by the Department of State and USAID, the
    contractors operating such aircraft, and the annual costs of such
    contracts: Provided, That such report shall also include a best value
    analysis of the

    [[Page 123 STAT. 3372]]

    tradeoffs between the purchase or lease of aircraft, including all
    aspects of the costs and risks associated with air operations such as
    repair, maintenance, air safety and daily operations.

                               western hemisphere

        Sec. 7045. (a) Trade Capacity.--Of the funds appropriated by this
    Act, not less than $10,000,000 under the heading ``Development
    Assistance'' and not less than $10,000,000 under the heading ``Economic
    Support Fund'' shall be made available for labor and environmental
    capacity building activities relating to the free trade agreements with
    countries of Central America, Peru and the Dominican Republic.
        (b) Assistance for Haiti.--
                (1) The Government of Haiti shall be eligible to purchase
            defense articles and services under the Arms Export Control Act
            (22 U.S.C. 2751 et seq.), for the Coast Guard.
                (2) Of the funds appropriated by this Act under titles III
            and IV, not less than $295,530,000 shall be made available for
            assistance for Haiti.
                (3) None <<NOTE: Reports.>>  of the funds made available by
            this Act under the heading ``International Narcotics Control and
            Law Enforcement'' may be used to transfer excess weapons,
            ammunition or other lethal property of an agency of the United
            States Government to the Government of Haiti for use by the
            Haitian National Police until the Secretary of State reports to
            the Committees on Appropriations that any members of the Haitian
            National Police who have been credibly alleged to have committed
            serious crimes, including drug trafficking and violations of
            internationally recognized human rights, have been suspended.

        (c) Caribbean Basin Security Initiative.--Of the funds appropriated
    under the headings ``Development Assistance'', ``Economic Support
    Fund'', ``International Narcotics Control and Law Enforcement'', and
    ``Foreign Military Financing Program'' in this Act, not less than
    $37,000,000 should be made available for assistance for the countries of
    the Caribbean Basin, to provide equipment and training to combat drug
    trafficking and related violence and organized crime, and for judicial
    reform, institution building, education, anti-corruption, rule of law
    activities, and maritime security, of which not less than $21,100,000
    should be made available for social justice and education programs to
    include vocational training, workforce development and juvenile justice
    activities: Provided, That none of the funds made available under this
    subsection shall be made available for budget support or as cash
    payments.
                (1) Spending plan.--Not later <<NOTE: Deadline.>>  than 45
            days after the date of the enactment of this Act, the Secretary
            of State shall submit to the Committees on Appropriations a
            detailed spending plan for funds appropriated or otherwise made
            available for the countries of the Caribbean Basin by this Act,
            with concrete goals, actions to be taken, budget proposals, and
            anticipated results.
                (2) Definition.--For the purposes of this subsection, the
            term ``countries of the Caribbean Basin'' means Antigua and
            Barbuda, The Bahamas, Barbados, Belize, Dominica, Dominican
            Republic, Grenada, Guyana, Haiti, Jamaica, St. Kitts and

    [[Page 123 STAT. 3373]]

            Nevis, Saint Lucia, St. Vincent and the Grenadines, Suriname,
            and Trinidad and Tobago.

        (d) Assistance for Guatemala.--
                (1) Of the funds appropriated by this Act under the heading
            ``International Narcotics Control and Law Enforcement'' not less
            than $4,000,000 shall be made available for a United States
            contribution to the International Commission Against Impunity in
            Guatemala (CICIG).
                (2) Funds appropriated by this Act under the heading
            ``International Military Education and Training'' (IMET) that
            are available for assistance for Guatemala, other than for
            expanded IMET, may be made available only for the Guatemalan Air
            Force, Navy and Army Corps of Engineers: Provided, That
            assistance for the Army Corps of Engineers shall only be
            available for training to improve disaster response capabilities
            and to participate in international peacekeeping operations:
            Provided further, That <<NOTE: Certification.>>  such funds may
            be made available only if the Secretary of State certifies that
            the Air Force, Navy and Army Corps of Engineers are respecting
            internationally recognized human rights and cooperating with
            civilian judicial investigations and prosecutions of current and
            retired military personnel who have been credibly alleged to
            have committed violations of such rights, and with the CICIG by
            granting access to CICIG personnel, providing evidence to CICIG,
            and allowing witness testimony.
                (3) Of the funds appropriated by this Act under the heading
            ``Foreign Military Financing Program'', not more than $1,000,000
            may be made available for the Guatemalan Air Force, Navy and
            Army Corps of Engineers: Provided, That assistance for the Army
            Corps of Engineers shall only be available for training to
            improve disaster response capabilities and to participate in
            international peacekeeping operations: <<NOTE: Certification.>>
            Provided further, That such funds may be made available only if
            the Secretary of State certifies that the Air Force, Navy and
            Army Corps of Engineers are respecting internationally
            recognized human rights and cooperating with civilian judicial
            investigations and prosecutions of current and retired military
            personnel who have been credibly alleged to have committed
            violations of such rights, including protecting and providing to
            the Attorney General's office all military archives pertaining
            to the internal armed conflict, and cooperating with the CICIG
            by granting access to CICIG personnel, providing evidence to
            CICIG, and allowing witness testimony: Provided further, That
            funds made available in this Act for regional naval cooperation
            and maritime security assistance programs shall not be subject
            to the funding limitation of this subsection.

        (e) Assistance for Mexico.--
                (1) Assistance.--Of the funds appropriated under the
            headings ``International Narcotics Control and Law
            Enforcement'', ``Foreign Military Financing Program'', and
            ``Economic Support Fund'' in this Act, not more than
            $210,250,000 may be made available for assistance for Mexico,
            only to combat drug trafficking and related violence and
            organized crime, and for judicial reform, institution building,
            anti-corruption, and rule of law activities: Provided, That none
            of the funds made available under this subsection shall be made
            available for budget support or as cash payments.

    [[Page 123 STAT. 3374]]

                (2) Applicability of fiscal year 2009 provisions.--The
            provisions of paragraphs (1) through (3) of section 7045(e) of
            the Department of State, Foreign Operations, and Related
            Programs Appropriations Act, 2009 (division H of Public Law 111-
            8) shall apply to funds appropriated or otherwise made available
            by this Act for assistance for Mexico to the same extent and in
            the same manner as such provisions of law applied to funds
            appropriated or otherwise made available by such other Act for
            assistance for Mexico.

        (f) Assistance for the Countries of Central America.--Of the funds
    appropriated under the headings ``International Narcotics Control and
    Law Enforcement'', ``Economic Support Fund'', and ``Foreign Military
    Financing Program'', up to $83,000,000 may be made available for
    assistance for the countries of Central America only to combat drug
    trafficking and related violence and organized crime, and for judicial
    reform, institution building, anti-corruption, rule of law activities,
    and maritime security: Provided, That funds appropriated under the
    heading ``Economic Support Fund'' shall be made available through the
    United States Agency for International Development for continued support
    of an Economic and Social Development Fund for Central America: Provided
    further, That none of the funds made available under this subsection
    shall be made available for budget support or as cash payments.
                (1) Applicability of fiscal year 2009 provisions.--The
            provisions of paragraphs (1) through (3) of section 7045(f) of
            the Department of State, Foreign Operations, and Related
            Programs Appropriations Act, 2009 (division H of Public Law 111-
            8) shall apply to funds appropriated or otherwise made available
            by this Act for assistance for countries of Central America to
            the same extent and in the same manner as such provisions of law
            applied to funds appropriated or otherwise made available by
            such other Act for assistance for the countries of Central
            America.
                (2) Definition.--For the purposes of this subsection, the
            term ``countries of Central America'' means Belize, Costa Rica,
            El Salvador, Guatemala, Honduras, Nicaragua, and Panama.

        (g) Aircraft Operations and Maintenance.--To the maximum extent
    practicable, the costs of operations and maintenance, including fuel, of
    aircraft funded by this Act should be borne by the recipient country.
        (h) Pilot Project.--Not later <<NOTE: Deadline. Reports. Passport
    cards.>>  than June 30, 2011, the Secretary of State, in consultation
    with the Secretary of Homeland Security, shall submit a report to the
    Committees on Appropriations on the feasibility of extending the use of
    passport cards as proof of identity and citizenship for the purposes of
    international travel by nationals of the United States, Canada, and
    Mexico to air ports of entry between the United States and Canada and
    between the United States and Mexico: Provided, That the report shall
    detail all relevant security, infrastructure, budget, policy, or
    diplomatic implications that may arise from extending such use of
    passport cards: Provided further, That the Secretary shall use up to
    $100,000 of the funds made available under the heading ``Diplomatic and
    Consular Programs'' in this Act for a pilot project to test the
    feasibility of such use of passport cards at selected air ports of entry
    between the United States and Canada.

    [[Page 123 STAT. 3375]]

                                    colombia

        Sec. 7046. (a) Assistance.--Of the funds appropriated under the
    headings ``Economic Support Fund'', ``International Narcotics Control
    and Law Enforcement'', ``Nonproliferation, Anti-terrorism, Demining and
    Related Programs'', ``International Military Education and Training'',
    and ``Foreign Military Financing Program'' in this Act, not more than
    $521,880,000 shall be made available for assistance for Colombia.
        Funds appropriated by this Act and made available to the Department
    of State for assistance to the Government of Colombia may be used to
    support a unified campaign against narcotics trafficking and
    organizations designated as Foreign Terrorist Organizations and
    successor organizations, and to take actions to protect human health and
    welfare in emergency circumstances, including undertaking rescue
    operations: Provided, That assistance made available in prior Acts for
    the Government of Colombia to protect the Cano-Limon pipeline may also
    be used for purposes for which funds are made available under the
    heading ``International Narcotics Control and Law Enforcement'' in this
    Act: Provided further, That no United States Armed Forces personnel or
    United States civilian contractor employed by the United States will
    participate in any combat operation in connection with assistance made
    available by this Act for Colombia: Provided further, That rotary and
    fixed wing aircraft supported with funds appropriated under the heading
    ``International Narcotics Control and Law Enforcement'' for assistance
    for Colombia may be used for aerial or manual drug eradication and
    interdiction including to transport personnel and supplies and to
    provide security for such operations, and to provide transport in
    support of alternative development programs and investigations of cases
    under the jurisdiction of the Attorney General, the Procuraduria General
    de la Nacion, and the Defensoria del Pueblo: Provided further,
    That <<NOTE: President. Helicopters.>>  the President shall ensure that
    if any helicopter procured with funds in this Act or prior Acts making
    appropriations for the Department of State, foreign operations, and
    related programs, is used to aid or abet the operations of any illegal
    self-defense group, paramilitary organization, illegal security
    cooperative or successor organizations in Colombia, such helicopter
    shall be immediately returned to the United States: Provided further,
    That none of the funds appropriated by this Act or prior Acts making
    appropriations for the Department of State, foreign operations, and
    related programs may be made available for assistance for the Colombian
    Departamento Administrativo de Seguridad.

        Of the <<NOTE: Certification.>>  funds available under the heading
    ``International Narcotics Control and Law Enforcement'' for the
    Colombian national police for the procurement of chemicals for aerial
    coca and poppy eradication programs, not more than 20 percent of such
    funds may be made available for such eradication programs unless the
    Secretary of State certifies to the Committees on Appropriations that:
    (1) the herbicide is being used in accordance with Environmental
    Protection Agency label requirements for comparable use in the United
    States and with Colombian laws; and (2) the herbicide, in the manner it
    is being used, does not pose unreasonable risks or adverse effects to
    humans or the environment, including endemic species: Provided,
    That <<NOTE: Certification.>>  such funds may not be made available

    [[Page 123 STAT. 3376]]

    unless the Secretary of State certifies to the Committees on
    Appropriations that any complaints of harm to health or licit crops
    caused by such aerial eradication are thoroughly investigated and
    evaluated, and fair compensation is being paid in a timely manner for
    meritorious claims: Provided further, That such funds may not be made
    available for such purposes unless programs are being implemented by the
    United States Agency for International Development, the Government of
    Colombia, or other organizations, in consultation and coordination with
    local communities, to provide alternative sources of income in areas
    where security permits for small-acreage growers and communities whose
    illicit crops are targeted for aerial eradication: Provided further,
    That none of the funds appropriated by this Act for assistance for
    Colombia shall be made available for the cultivation or processing of
    African oil palm, if doing so would contribute to significant loss of
    native species, disrupt or contaminate natural water sources, reduce
    local food security, or cause the forced displacement of local people:
    Provided further, That <<NOTE: Certification.>>  funds appropriated by
    this Act may not be used for aerial eradication in Colombia's national
    parks or reserves unless the Secretary of State certifies to the
    Committees on Appropriations on a case-by-case basis that there are no
    effective alternatives and the eradication is conducted in accordance
    with Colombian laws.

        (b) Applicability of Fiscal Year 2009 Provisions.--
                (1) In general.--Except as provided in paragraph (2), the
            provisions of subsections (b) through (f) of section 7046 of the
            Department of State, Foreign Operations, and Related Programs
            Appropriations Act, 2009 (division H of Public Law 111-8) shall
            apply to funds appropriated or otherwise made available by this
            Act for assistance for Colombia to the same extent and in the
            same manner as such provisions of law applied to funds
            appropriated or otherwise made available by such other Act for
            assistance for Colombia.
                (2) Exceptions.--The following provisions of section 7046 of
            division H of Public Law 111-8 <<NOTE: Ante, p. 888.>>  shall
            apply to funds appropriated or otherwise made available by this
            Act for assistance for Colombia as follows:
                        (A) Subsection (b)(1)(B) is amended by striking
                    clause (iv) and inserting the following:
                              ``(iv) That the Government of Colombia is
                          respecting the rights of human rights defenders,
                          journalists, trade unionists, political opposition
                          and religious leaders, and indigenous and Afro-
                          Colombian communities, and the Colombian Armed
                          Forces are implementing procedures to distinguish
                          between civilians, including displaced persons,
                          and combatants in their operations.''.
                        (B) Subsection (b)(2) is amended by striking ``July
                    31, 2009'' and inserting ``July 31, 2010''.
                        (C) Subsection (b)(3) is amended by striking
                    ``Andean Counterdrug Programs'' and inserting
                    ``International Narcotics Control and Law Enforcement''.
                        (D) Subsection (c) is amended by striking
                    ``September 30, 2009'' and inserting ``September 30,
                    2010''.
                        (E) Subsection (d)(1) is amended--
                              (i) by striking ``$16,769,000'' and inserting
                          ``$18,606,000''; and

    [[Page 123 STAT. 3377]]

                              (ii) by striking ``fiscal year 2009'' and
                          inserting ``fiscal year 2010''.

                        community-based police assistance

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

                prohibition of payments to united nations members

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

                          war crimes tribunals drawdown

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

                              peacekeeping missions

        Sec. 7050.  None of the funds made available under title I of this
    Act may be used for any United Nations activity when it is made known to
    the Federal official having authority to obligate or expend such funds
    that: (1) the United Nations activity is a peacekeeping mission; (2)
    such activity will involve United States Armed Forces under the command
    or operational control of a foreign

    [[Page 123 STAT. 3378]]

    national; and (3) the President's military advisors have not submitted
    to the President a recommendation that such involvement is in the
    national interests of the United States and the President has not
    submitted to the Congress such a recommendation.

                             peacekeeping assessment

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

                       united nations human rights council

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

                     attendance at international conferences

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

                   restrictions on united nations delegations

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

        parking fines and real property taxes owed by foreign governments

        Sec. 7055. (a) <<NOTE: Certification.>>  Subject to subsection (c),
    of the funds appropriated under titles III through VI by this Act that
    are made available for assistance for a foreign country, an amount equal
    to 110 percent of the total amount of the unpaid fully adjudicated
    parking fines and penalties and unpaid property taxes owed by the
    central government of such country shall be withheld from obligation for
    assistance for the central government of such country

    [[Page 123 STAT. 3379]]

    until the Secretary of State submits a certification to the Committees
    on Appropriations stating that such parking fines and penalties and
    unpaid property taxes are fully paid.

        (b) Funds withheld from obligation pursuant to subsection (a) may be
    made available for other programs or activities funded by this Act,
    after consultation with and subject to the regular notification
    procedures of the Committees on Appropriations, provided that no such
    funds shall be made available for assistance for the central government
    of a foreign country that has not paid the total amount of the fully
    adjudicated parking fines and penalties and unpaid property taxes owed
    by such country.
        (c) Subsection (a) shall not include amounts that have been withheld
    under any other provision of law.
        (d)(1) The <<NOTE: Waiver authority. Effective
    date. Determinations.>>  Secretary of State may waive the requirements
    set forth in subsection (a) with respect to parking fines and penalties
    no sooner than 60 days from the date of enactment of this Act, or at any
    time with respect to a particular country, if the Secretary determines
    that it is in the national interests of the United States to do so.

        (2) The Secretary of State may waive the requirements set forth in
    subsection (a) with respect to the unpaid property taxes if the
    Secretary of State determines that it is in the national interests of
    the United States to do so.
        (e) Not <<NOTE: Deadline. Reports.>>  later than 6 months after the
    initial exercise of the waiver authority in subsection (d), the
    Secretary of State, after consultations with the City of New York, shall
    submit a report to the Committees on Appropriations describing a
    strategy, including a timetable and steps currently being taken, to
    collect the parking fines and penalties and unpaid property taxes and
    interest owed by nations receiving foreign assistance under this Act.

        (f) In <<NOTE: Definitions.>>  this section:
                (1) The term ``fully adjudicated'' includes circumstances in
            which the person to whom the vehicle is registered--
                        (A)(i) has not responded to the parking violation
                    summons; or
                        (ii) has not followed the appropriate adjudication
                    procedure to challenge the summons; and
                        (B) the period of time for payment of or challenge
                    to the summons has lapsed.
                (2) The term ``parking fines and penalties'' means parking
            fines and penalties--
                        (A) owed to--
                              (i) the District of Columbia; or
                              (ii) New York, New York; and
                        (B) incurred <<NOTE: Time period.>>  during the
                    period April 1, 1997, through September 30, 2009.
                (3) The term ``unpaid property taxes'' means the amount of
            unpaid taxes and interest determined to be owed by a foreign
            country on real property in the District of Columbia or New
            York, New York in a court order or judgment entered against such
            country by a court of the United States or any State or
            subdivision thereof.

    [[Page 123 STAT. 3380]]

                         landmines and cluster munitions

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

                     prohibition on publicity or propaganda

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

                        limitation on residence expenses

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

          united states agency for international development management

                          (including transfer of funds)

        Sec. 7059. (a) <<NOTE: 22 USC 3948 note.>>  Authority.--Up to
    $93,000,000 of the funds made available in title III of this Act to
    carry out the provisions of part I of the Foreign Assistance Act of
    1961, including funds appropriated under the heading ``Assistance for
    Europe, Eurasia and Central Asia'', may be used by the United States
    Agency for International Development (USAID) to hire and employ
    individuals in the United States and overseas on a limited appointment
    basis pursuant to the authority of sections 308 and 309 of the Foreign
    Service Act of 1980.

        (b) Restrictions.--

    [[Page 123 STAT. 3381]]

                (1) The number of individuals hired in any fiscal year
            pursuant to the authority contained in subsection (a) may not
            exceed 175.
                (2) The <<NOTE: Expiration date.>>  authority to hire
            individuals contained in subsection (a) shall expire on
            September 30, 2011.

        (c) Conditions.--The authority of subsection (a) may only be used to
    the extent that an equivalent number of positions that are filled by
    personal services contractors or other non-direct hire employees of
    USAID, who are compensated with funds appropriated to carry out part I
    of the Foreign Assistance Act of 1961, including funds appropriated
    under the heading ``Assistance for Europe, Eurasia and Central Asia'',
    are eliminated.
        (d) Priority Sectors.--In exercising the authority of this section,
    primary emphasis shall be placed on enabling USAID to meet personnel
    positions in technical skill areas currently encumbered by contractor or
    other non-direct hire personnel.
        (e) Consultations.--The USAID Administrator shall consult with the
    Committees on Appropriations on a quarterly basis concerning the
    implementation of this section.
        (f) Program Account Charged.--The account charged for the cost of an
    individual hired and employed under the authority of this section shall
    be the account to which such individual's responsibilities primarily
    relate: Provided, That funds made available to carry out this section
    may be transferred to, and merged with, funds appropriated by this Act
    in title II under the heading ``Operating Expenses''.
        (g) Foreign Service Limited Extensions.--Individuals hired and
    employed by USAID, with funds made available in this Act or prior Acts
    making appropriations for the Department of State, foreign operations,
    and related programs, pursuant to the authority of section 309 of the
    Foreign Service Act of 1980, may be extended for a period of up to 4
    years notwithstanding the limitation set forth in such section.
        (h) Junior Officer Placement Authority.--Of the funds made available
    in subsection (a), USAID may use, in addition to funds otherwise
    available for such purposes, up to $15,000,000 to fund overseas support
    costs of members of the Foreign Service with a Foreign Service rank of
    four or below: Provided, That such authority is only used to reduce
    USAID's reliance on overseas personal services contractors or other non-
    direct hire employees compensated with funds appropriated to carry out
    part I of the Foreign Assistance Act of 1961, including funds
    appropriated under the heading ``Assistance for Europe, Eurasia and
    Central Asia''.
        (i) Disaster Surge Capacity.--Funds appropriated under title III of
    this Act to carry out part I of the Foreign Assistance Act of 1961,
    including funds appropriated under the heading ``Assistance for Europe,
    Eurasia and Central Asia'', may be used, in addition to funds otherwise
    available for such purposes, for the cost (including the support costs)
    of individuals detailed to or employed by USAID whose primary
    responsibility is to carry out programs in response to natural
    disasters.
        (j) Technical Advisors.--Up to $13,500,000 of the funds made
    available by this Act in title III for assistance under the heading
    ``Global Health and Child Survival'', may be used to reimburse United
    States Government agencies, agencies of State governments, institutions
    of higher learning, and private and voluntary organizations for the full
    cost of individuals (including for the personal

    [[Page 123 STAT. 3382]]

    services of such individuals) detailed or assigned to, or contracted by,
    as the case may be, USAID for the purpose of carrying out activities
    under that heading: Provided, That up to $3,500,000 of the funds made
    available by this Act for assistance under the heading ``Development
    Assistance'' may be used to reimburse such agencies, institutions, and
    organizations for such costs of such individuals carrying out other
    development assistance activities.
        (k) Personal Services Contractors.--Funds appropriated by this Act
    to carry out chapter 1 of part I, chapter 4 of part II, and section 667
    of the Foreign Assistance Act of 1961, and title II of the Agricultural
    Trade Development and Assistance Act of 1954, may be used by USAID to
    employ up to 40 personal services contractors in the United States,
    notwithstanding any other provision of law, for the purpose of providing
    direct, interim support for new or expanded overseas programs and
    activities managed by the agency until permanent direct hire personnel
    are hired and trained: <<NOTE: Assignment.>>  Provided, That not more
    than 10 of such contractors shall be assigned to any bureau or office:
    Provided further, That not more than 15 of such contractors shall be for
    activities related to USAID's Afghanistan program: Provided further,
    That such funds appropriated to carry out title II of the Agricultural
    Trade Development and Assistance Act of 1954, may be made available only
    for personal services contractors assigned to the Office of Food for
    Peace.

        (l) Hiring Authority.--Notwithstanding section 307 of the Foreign
    Service Act of 1980, the USAID Administrator may hire up to 30
    individuals under the Development Leadership Initiative: Provided,
    That <<NOTE: Expiration date.>>  the authority contained in this
    subsection shall expire on September 30, 2011.

        (m) Recruitment Strategy.--Funds made <<NOTE: Notification.>>
    available under the heading ``Operating Expenses'' in title II of this
    Act may be made available to implement the strategy described in section
    7059(1) of Public Law 111-8, subject to the regular notification
    procedures of the Committees on Appropriations.

        (n) Locally Employed Staff.--Of the funds appropriated under title
    II of this Act, up to $1,000,000, in addition to funds otherwise made
    available for such purposes, may be made available for special
    compensation for overseas, locally employed staff.
        (o) Senior Foreign Service Limited Appointments.--Pursuant to the
    authority of section 309 of the Foreign Service Act of 1980, and
    notwithstanding the limitation set forth in section 305 of the Foreign
    Service Act of 1980, as amended, USAID may appoint into the Senior
    Foreign Service and employ up to 10 individuals to be assigned to or
    support programs in Iraq, Afghanistan, or Pakistan with funds made
    available in this Act and prior Acts making appropriations for the
    Department of State, foreign operations, and related programs.

                            global health activities

        Sec. 7060.  Funds <<NOTE: HIV/AIDS.>>  appropriated by titles III
    and IV of this Act that are made available for bilateral assistance for
    child survival activities or disease programs including activities
    relating to research on, and the prevention, treatment and control of,
    HIV/AIDS may be made available notwithstanding any other provision of
    law except for the provisions under the heading ``Global Health and
    Child Survival'' and the United States Leadership Against

    [[Page 123 STAT. 3383]]

    HIV/AIDS, Tuberculosis, and Malaria Act of 2003 (117 Stat. 711; 22
    U.S.C. 7601 et seq.), as amended: Provided, That of the funds
    appropriated under title III of this Act, not less than $648,457,000
    should be made available for family planning/reproductive health,
    including in areas where population growth threatens biodiversity or
    endangered species.

                           development grants program

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

                              women in development

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

                              gender-based violence

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

                                    education

        Sec. 7064. (a) Basic Education.--
                (1) Of the funds appropriated by title III of this Act, not
            less than $925,000,000 should be made available for assistance
            for basic education, of which not less than $365,000,000 shall
            be made available under the heading ``Development Assistance''.
                (2) There <<NOTE: Continuation. 22 USC 2651a note.>>  shall
            continue to be a Coordinator of United States Government Actions
            to Provide Basic Education Assistance in developing countries as
            established in section 664 of division J of Public Law 110-161.

    [[Page 123 STAT. 3384]]

                (3) The United States Agency for International Development
            shall ensure that programs supported with funds appropriated for
            basic education in this Act and prior Acts are integrated, when
            appropriate, with health, agriculture, governance, and economic
            development activities to address the economic and social needs
            of the broader community.

        (b) Higher Education.--Of the funds appropriated by title III of
    this Act, not less than $200,000,000 shall be made available for
    assistance for higher education, of which not less than $25,000,000
    shall be made available for such assistance for Africa including not
    less than $15,000,000 to support partnerships between African and United
    States institutions of higher education.

                             reconciliation programs

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

                        comprehensive expenditures report

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

                             requests for documents

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

                          senior policy operating group

        Sec. 7068. (a) The Senior Policy Operating Group on Trafficking in
    Persons, established under section 105(f) of the Victims of Trafficking
    and Violence Protection Act of 2000 (22 U.S.C. 7103(f)) to coordinate
    agency activities regarding policies (including grants and grant
    policies) involving the international trafficking in persons, shall
    coordinate all such policies related to the activities of traffickers
    and victims of severe forms of trafficking.

    [[Page 123 STAT. 3385]]

        (b) None of the funds provided under title I of this or any other
    Act making appropriations for the Department of State, foreign
    operations, and related programs shall be expended to perform functions
    that duplicate coordinating responsibilities of the Operating Group.
        (c) The Operating Group shall continue to report only to the
    authorities that appointed them pursuant to section 105(f).

                          prohibition on use of torture

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

                                     africa

        Sec. 7070. (a) Expanded International Military Education and
    Training.--
                (1) Funds appropriated under the heading ``International
            Military Education and Training'' in this Act that are made
            available for assistance for Angola, Cameroon, Central African
            Republic, Chad, Cote d'Ivoire, Guinea and Zimbabwe may be made
            available only for training related to international
            peacekeeping operations and expanded international military
            education and training: Provided, That the limitation included
            in this paragraph shall not apply to courses that support
            training in maritime security for Angola and Cameroon.
                (2) None of the funds appropriated under the heading
            ``International Military Education and Training'' in this Act
            may be made available for assistance for Equatorial Guinea or
            Somalia.

        (b) Counterterrorism Programs.--Funds appropriated by this Act under
    the headings ``Development Assistance'', ``Economic Support Fund'',
    ``International Narcotics Control and Law Enforcement'',
    ``Nonproliferation, Anti-terrorism, Demining, and Related Programs'',
    and ``Peacekeeping Operations'' shall be made available as follows:
                (1) Not less than $24,735,000 shall be made available for
            the East Africa Regional Strategic Initiative;
                (2) Not less than $3,600,000 shall be made available for
            Africa Conflict Stabilization and Border Security;
                (3) Not less than $81,315,000 shall be made available for
            Trans-Sahara Counterterrorism Partnership; and
                (4) Not less than $10,000,000 shall be made available for a
            Horn of Africa and Pan Sahel Program, in addition to funds
            otherwise made available for such purposes, to be administered
            by the United States Agency for International Development.

        (c) Ethiopia.--
                (1) None of the funds appropriated by this Act under the
            heading ``Foreign Military Financing Program'' that are
            available for assistance for Ethiopia may be made available
            unless the Secretary of State--
                        (A) determines <<NOTE: Determination. Human
                    rights.>>  that the Government of Ethiopia is taking
                    effective measures to guarantee the rights of its
                    citizens to peaceful expression, association and
                    assembly, and to document violations of internationally
                    recognized human rights without harassment or criminal
                    penalty, and

    [[Page 123 STAT. 3386]]

                    provides such determination in writing to the Committees
                    on Appropriations; and
                        (B) submits <<NOTE: Reports.>>  a report to such
                    Committees on the types and amounts of United States
                    training and equipment provided to the Ethiopian
                    military including steps being taken to ensure that such
                    assistance is not provided to Ethiopian military units
                    or personnel with records of violations of
                    internationally recognized human rights.
                (2) The restriction in paragraph (1) shall not apply to
            assistance to support the deployment of members of the Ethiopian
            military in international peacekeeping operations.

        (d) Rwanda.--
                (1) None of the funds appropriated by this Act under the
            heading ``Foreign Military Financing Program'' may be made
            available for assistance for Rwanda if the Secretary of State
            has credible evidence that the Government of Rwanda is providing
            political, military or financial support to armed groups in the
            Democratic Republic of the Congo that have committed violations
            of internationally recognized human rights, including rape.
                (2) The restriction in paragraph (1) shall not apply to
            assistance to improve border controls to prevent the importation
            of minerals into Rwanda by such groups, or to support the
            deployment of members of the Rwandan military in international
            peacekeeping operations.

        (e) Natural Resource Transparency.--Funds appropriated by this Act
    that are available for assistance for Liberia, Sierra Leone, Nigeria,
    Cote d'Ivoire, and the countries participating in the Congo Basin Forest
    Partnership shall be made available to promote and support transparency
    and accountability in relation to the extraction of timber, oil and gas,
    cacao and other natural resources, including by strengthening
    implementation and monitoring of the Extractive Industries Transparency
    Initiative and the Kimberley Process Certification Scheme.
        (f) Sudan Limitation on Assistance.--
                (1) Subject to subsection (2):
                        (A) Notwithstanding any other provision of law, none
                    of the funds appropriated by this Act may be made
                    available for assistance for the Government of Sudan.
                        (B) None of the funds appropriated by this Act may
                    be made available for the cost, as defined in section
                    502, of the Congressional Budget Act of 1974, of
                    modifying loans and loan guarantees held by the
                    Government of Sudan, including the cost of selling,
                    reducing, or canceling amounts owed to the United
                    States, and modifying concessional loans, guarantees,
                    and credit agreements.
                (2) Subsection <<NOTE: Determination. Certification.>>
            (f)(1) shall not apply if the Secretary of State determines and
            certifies to the Committees on Appropriations that:
                        (A) The Government of Sudan honors its pledges to
                    cease attacks upon civilians and disarms and demobilizes
                    the Janjaweed and other government-supported militias;
                        (B) The Government of Sudan and all government-
                    supported militia groups are honoring their commitments
                    made in all previous cease-fire agreements; and
                        (C) The Government of Sudan is allowing unimpeded
                    access to Darfur to humanitarian aid organizations, the

    [[Page 123 STAT. 3387]]

                    human rights investigation and humanitarian teams of the
                    United Nations, including protection officers, and an
                    international monitoring team that is based in Darfur
                    and has the support of the United States.
                (3) The provisions of subsection (f)(1) shall not apply to--
                        (A) humanitarian assistance;
                        (B) assistance for the Darfur region, Southern
                    Sudan, Southern Kordofan/Nuba Mountains State, Blue Nile
                    State, and Abyei; and
                        (C) assistance to support implementation of the
                    Comprehensive Peace Agreement and the Darfur Peace
                    Agreement or any other internationally-recognized viable
                    peace agreement in Sudan.
                (4) For <<NOTE: Definition.>>  the purposes of this Act, the
            term ``Government of Sudan'' shall not include the Government of
            Southern Sudan.
                (5) Notwithstanding any other provision of law, assistance
            in this Act may be made available to the Government of Southern
            Sudan to provide non-lethal military assistance, military
            education and training, and defense services controlled under
            the International Traffic in Arms Regulations (22 CFR 120.1 et
            seq.) if the Secretary of State--
                        (A) determines <<NOTE: Determination.>>  that the
                    provision of such items is in the national interest of
                    the United States; and
                        (B) not <<NOTE: Deadline. Notification.>>  later
                    than 15 days before the provision of any such
                    assistance, notifies the Committees on Appropriations of
                    such determination.

        (g) Southern Sudan.--The Secretary <<NOTE: Audits. Public
    information.>>  of State shall seek to obtain regular audits of the
    financial accounts of the Government of Southern Sudan to ensure
    transparency and accountability of funds, including revenues from the
    extraction of oil and gas, and the public disclosure of such audits in a
    timely manner: Provided, That in determining amounts and types of United
    States assistance to make available to the Government of Southern Sudan,
    the Secretary shall consider the extent to which such government is
    ensuring transparency and accountability of
    funds: <<NOTE: Reports. Deadline.>>  Provided further, That the
    Secretary shall, as appropriate, assist the Government of Southern Sudan
    in conducting such audits, and shall submit a report not later than 90
    days after enactment of this Act to the Committees on Appropriations
    detailing the steps that will be taken by the Government of Southern
    Sudan to improve resource management and ensure transparency and
    accountability of funds.

        (h) War Crimes in Africa.--
                (1) The Congress reaffirms its support for the efforts of
            the International Criminal Tribunal for Rwanda (ICTR) and the
            Special Court for Sierra Leone (SCSL) to bring to justice
            individuals responsible for war crimes and crimes against
            humanity in a timely manner.
                (2) Funds <<NOTE: Determination. Reports.>>  appropriated by
            this Act, including funds for debt restructuring, may be made
            available for assistance for the central government of a country
            in which individuals indicted by ICTR and SCSL are credibly
            alleged to be living, if the Secretary of State determines and
            reports to the Committees on Appropriations that such government
            is cooperating with ICTR and SCSL, including the surrender and
            transfer of indictees in a timely manner: Provided, That this
            subsection shall not apply to assistance provided under section
            551 of the Foreign Assistance Act of 1961 or to project
            assistance

    [[Page 123 STAT. 3388]]

            under title VI of this Act: Provided further, That the United
            States shall use its voice and vote in the United Nations
            Security Council to fully support efforts by ICTR and SCSL to
            bring to justice individuals indicted by such tribunals in a
            timely manner.
                (3) The <<NOTE: Waiver authority. President.>>  prohibition
            in subsection (2) may be waived on a country-by-country basis if
            the President determines that doing so is in the national
            security interest of the United States: Provided,
            That <<NOTE: Reports.>>  prior to exercising such waiver
            authority, the President shall submit a report to the Committees
            on Appropriations, in classified form if necessary, on--
                        (A) the steps being taken to obtain the cooperation
                    of the government in surrendering the indictee in
                    question to the court of jurisdiction;
                        (B) a strategy, including a timeline, for bringing
                    the indictee before such court; and
                        (C) the justification for exercising the waiver
                    authority.

        (i) Zimbabwe.-- <<NOTE: 22 USC 2151 note.>>
                (1) The <<NOTE: Loans. Determination. Reports.>>  Secretary
            of the Treasury shall instruct the United States executive
            director to each international financial institution to vote
            against any extension by the respective institution of any loans
            to the Government of Zimbabwe, except to meet basic human needs
            or to promote democracy, unless the Secretary of State
            determines and reports in writing to the Committees on
            Appropriations that the rule of law has been restored in
            Zimbabwe, including respect for ownership and title to property,
            freedom of speech and association.
                (2) None of the funds appropriated by this Act shall be made
            available for assistance for the central government of Zimbabwe,
            except for macroeconomic growth assistance, unless the Secretary
            of State makes the determination pursuant to paragraph (1).

                                      asia

        Sec. 7071. (a) Tibet.--
                (1) The Secretary of the Treasury should instruct the United
            States executive director to each international financial
            institution to use the voice and vote of the United States to
            support projects in Tibet if such projects do not provide
            incentives for the migration and settlement of non-Tibetans into
            Tibet or facilitate the transfer of ownership of Tibetan land
            and natural resources to non-Tibetans; are based on a thorough
            needs-assessment; foster self-sufficiency of the Tibetan people
            and respect Tibetan culture and traditions; and are subject to
            effective monitoring.
                (2) Notwithstanding any other provision of law, not less
            than $7,400,000 of the funds appropriated by this Act under the
            heading ``Economic Support Fund'' should be made available to
            nongovernmental organizations to support activities which
            preserve cultural traditions and promote sustainable development
            and environmental conservation in Tibetan communities in the
            Tibetan Autonomous Region and in other Tibetan communities in
            China.

        (b) Burma.--
                (1) The <<NOTE: Loans. 50 USC 1701 note.>>  Secretary of the
            Treasury shall instruct the United States executive director to
            each appropriate international

    [[Page 123 STAT. 3389]]

            financial institution in which the United States participates,
            to oppose and vote against the extension by such institution of
            any loan or financial or technical assistance or any other
            utilization of funds of the respective bank to and for Burma.
                (2) Of the funds appropriated by this Act under the heading
            ``Economic Support Fund'', not less than $36,500,000 shall be
            made available for assistance for Burma: Provided, That such
            assistance shall be made available only to support democracy and
            humanitarian programs and activities in Burma, programs and
            activities along the Burma-Thailand border, programs and
            activities involving Burmese student groups and other
            organizations located outside Burma, and humanitarian assistance
            for displaced Burmese along Burma's borders: Provided further,
            That such funds may be made available notwithstanding any other
            provision of law: <<NOTE: Thailand.>>  Provided further, That in
            addition to assistance for Burmese refugees provided under the
            heading ``Migration and Refugee Assistance'' in this Act, not
            less than $4,000,000 shall be made available for community-based
            organizations operating in Thailand to provide food, medical and
            other humanitarian assistance to internally displaced persons in
            eastern Burma.
                (3) Funds <<NOTE: Notification.>>  made available under
            paragraph (2) for any new program, project or activity shall be
            subject to prior consultation with the Committees on
            Appropriations and all such funds made available under paragraph
            (2) shall be subject to the regular notification procedures of
            such Committees: Provided, That when implementing activities
            with funds appropriated by this Act for assistance for Burma,
            the implementing agency shall only support activities that are
            consistent with the principles and goals of the National League
            for Democracy in Burma.

        (c) Cambodia.--Funds made <<NOTE: Certification.>>  available in
    this Act for a United States contribution to a Khmer Rouge tribunal may
    only be made available if the Secretary of State certifies to the
    Committees on Appropriations that the United Nations and the Government
    of Cambodia are taking credible steps to address allegations of
    corruption and mismanagement within the tribunal.

        (d) Indonesia.--
                (1) Of <<NOTE: Reports.>>  the funds appropriated by this
            Act under the heading ``Foreign Military Financing Program'',
            not to exceed $20,000,000 shall be made available for assistance
            for Indonesia, of which $2,000,000 is withheld from obligation
            until the Secretary of State submits to the Committees on
            Appropriations the report on Indonesia detailed under such
            heading in the joint explanatory statement accompanying this
            Act.
                (2) Of the funds appropriated by this Act under the heading
            ``Economic Support Fund'' that are available for assistance for
            Indonesia, not less than $400,000 should be made available for
            grants for capacity building of Indonesian human rights
            organizations, including in Papua.

        (e) Nepal.--
                (1) Funds <<NOTE: Certification.>>  appropriated by this Act
            under the heading ``Foreign Military Financing Program'' may be
            made available for assistance for Nepal if the Secretary of
            State certifies to the Committees on Appropriations that the
            Nepal Army is--

    [[Page 123 STAT. 3390]]

                        (A) cooperating fully with investigations and
                    prosecutions by civilian judicial authorities of
                    violations of internationally recognized human rights;
                    and
                        (B) working constructively to redefine the Nepal
                    Army's mission and adjust its size accordingly,
                    implement reforms including strengthening the capacity
                    of the civilian ministry of defense to improve budget
                    transparency and accountability, and facilitate the
                    integration of former rebel combatants into the security
                    forces including the Nepal Army, consistent with the
                    goals of reconciliation, peace and stability.
                (2) The conditions in paragraph (1) shall not apply to
            assistance to support the deployment of members of the Nepal
            Army in humanitarian relief and reconstruction operations in
            Nepal.

        (f) North Korea.--
                (1) Funds <<NOTE: Refugees.>>  appropriated under the
            heading ``Migration and Refugee Assistance'' in this Act shall
            be made available for assistance for refugees from North Korea.
                (2) Of the funds made available under the heading
            ``International Broadcasting Operations'' in title I of this
            Act, up to $8,000,000 should be made available for broadcasts
            into North Korea.
                (3) Of the funds appropriated by this Act under the heading
            ``Economic Support Fund'', $3,500,000 shall be made available
            for democracy, human rights, and governance programs for North
            Korea.
                (4) None <<NOTE: Energy.>>  of the funds made available by
            this Act under the heading ``Economic Support Fund'' may be made
            available for energy-related assistance for North Korea.
                (5) Funds <<NOTE: Notification.>>  made available by this
            Act under the heading ``Economic Support Fund'' for assistance
            for countries in the North Asia region may be made available for
            programs and activities pursuant to section 4 of Public Law 108-
            333, as amended, and subject to the regular notification
            procedures of the Committees on Appropriations: Provided, That
            for the purposes of this subsection, such programs and
            activities shall be considered democracy promotion.
                (6) Not <<NOTE: Deadline. Reports. Determination.>>  later
            than 45 days after enactment of this Act, the Secretary of State
            shall report to the Committees on Appropriations the amount the
            Secretary determines the Government of North Korea owes the
            Government of the United States for the unsupervised
            distribution of food assistance provided by the United
            States: <<NOTE: Reports.>>  Provided, That the Secretary of
            State should reduce any assistance made available to the
            Government of North Korea by such amount, unless the Secretary
            reports to the Committees on Appropriations that the Government
            of North Korea provided such food assistance to eligible
            recipients as intended, or that North Korea has reimbursed the
            Government of the United States for the costs of such food
            assistance: Provided further, That the previous proviso shall
            not apply to programs and activities that promote human rights,
            democracy, rule of law, and to humanitarian assistance.

        (g) People's Republic of China.--
                (1) None <<NOTE: Export and
            imports. Deadline. Notification.>>  of the funds appropriated
            under the heading ``Diplomatic and Consular Programs'' in this
            Act may be obligated or expended for processing licenses for the
            export of satellites

    [[Page 123 STAT. 3391]]

            of United States origin (including commercial satellites and
            satellite components) to the People's Republic of China unless,
            at least 15 days in advance, the Committees on Appropriations
            are notified of such proposed action.
                (2) The <<NOTE: Applicability. People's Liberation Army.>>
            terms and requirements of section 620(h) of the Foreign
            Assistance Act of 1961 shall apply to foreign assistance
            projects or activities of the People's Liberation Army (PLA) of
            the People's Republic of China, to include such projects or
            activities by any entity that is owned or controlled by, or an
            affiliate of, the PLA: Provided, That none of the funds
            appropriated or otherwise made available pursuant to this Act
            may be used to finance any grant, contract, or cooperative
            agreement with the PLA, or any entity that the Secretary of
            State has reason to believe is owned or controlled by, or an
            affiliate of, the PLA.
                (3) Notwithstanding <<NOTE: Notification.>>  any other
            provision of law and subject to the regular notification
            procedures of the Committees on Appropriations, of the funds
            appropriated by this Act under the heading ``Development
            Assistance'', not less than $12,000,000 shall be made available
            to United States educational institutions and nongovernmental
            organizations for programs and activities in the People's
            Republic of China relating to the environment, governance, and
            the rule of law.

        (h) Philippines.--Of the <<NOTE: Reports.>>  funds appropriated by
    this Act under the heading ``Foreign Military Financing Program'', not
    to exceed $32,000,000 may be made available for assistance for the
    Philippines, of which $3,000,000 may not be obligated until the
    Secretary of State submits to the Committees on Appropriations the
    report on the Philippines detailed under such heading in the joint
    explanatory statement accompanying this Act.

        (i) Timor-Leste.--Of the funds appropriated by this Act under the
    heading ``Economic Support Fund'', not less than $1,000,000, in addition
    to funds otherwise made available for such purposes, shall be made
    available for democracy programs and activities in Timor-Leste, and not
    less than $2,000,000 shall be made available for higher education
    scholarships.
        (j) Vietnam.--Funds appropriated <<NOTE: Dioxin.>>  by this Act that
    are made available for assistance for Vietnam for remediation of dioxin
    contaminated sites and related health activities may be made available
    for assistance for the Government of Vietnam, including the military,
    for such purposes.

                                     serbia

        Sec. 7072. (a) Funds appropriated by this Act may be made available
    for assistance for the central Government of Serbia after May 31, 2010,
    if the President has made the determination and certification contained
    in subsection (c).
        (b) After May 31, 2010, the Secretary of the Treasury should
    instruct the United States executive directors to the international
    financial institutions to support loans and assistance to the Government
    of Serbia subject to the conditions in subsection (c).
        (c) The <<NOTE: Determination. Certification.>>  determination and
    certification referred to in subsection (a) is a determination and a
    certification by the President to the Committees on Appropriations that
    the Government of Serbia is--
                (1) cooperating <<NOTE: Ratko Mladic.>>  with the
            International Criminal Tribunal for the former Yugoslavia
            including access for investigators,

    [[Page 123 STAT. 3392]]

            the provision of documents, timely information on the location,
            movement, and sources of financial support of indictees, and the
            surrender and transfer of indictees or assistance in their
            apprehension, including Ratko Mladic;
                (2) taking steps that are consistent with the Dayton Accords
            to end Serbian financial, political, security and other support
            which has served to maintain separate Republika Srpska
            institutions; and
                (3) taking steps to implement policies which reflect a
            respect for minority rights and the rule of law.

        (d) This section shall not apply to humanitarian assistance or
    assistance to promote democracy.

                  independent states of the former soviet union

        Sec. 7073. (a) None of the funds appropriated under the heading
    ``Assistance for Europe, Eurasia and Central Asia'' shall be made
    available for assistance for a government of an Independent State of the
    former Soviet Union if that government directs any action in violation
    of the territorial integrity or national sovereignty of any other
    Independent State of the former Soviet Union, such as those violations
    included in the Helsinki Final Act: <<NOTE: President. Determination.>>
    Provided, That such funds may be made available without regard to the
    restriction in this subsection if the President determines that to do so
    is in the national security interest of the United States.

        (b) Funds <<NOTE: Notification.>>  appropriated under the heading
    ``Assistance for Europe, Eurasia and Central Asia'' for the Russian
    Federation, Armenia, Kazakhstan, and Uzbekistan shall be subject to the
    regular notification procedures of the Committees on Appropriations.

        (c)(1) Of <<NOTE: President. Determination. Certification.>>  the
    funds appropriated under the heading ``Assistance for Europe, Eurasia
    and Central Asia'' that are allocated for assistance for the Government
    of the Russian Federation, 60 percent shall be withheld from obligation
    until the President determines and certifies in writing to the
    Committees on Appropriations that the Government of the Russian
    Federation--
                (A) has terminated implementation of arrangements to provide
            Iran with technical expertise, training, technology, or
            equipment necessary to develop a nuclear reactor, related
            nuclear research facilities or programs, or ballistic missile
            capability; and
                (B) is providing full access to international non-government
            organizations providing humanitarian relief to refugees and
            internally displaced persons in Chechnya.

        (2) Paragraph (1) shall not apply to--
                (A) assistance to combat infectious diseases, child survival
            activities, or assistance for victims of trafficking in persons;
            and
                (B) activities authorized under title V (Nonproliferation
            and Disarmament Programs and Activities) of the FREEDOM Support
            Act.

        (d) Section 907 of the FREEDOM Support Act shall not apply to--
                (1) activities to support democracy or assistance under
            title V of the FREEDOM Support Act and section 1424 of Public
            Law 104-201 or non-proliferation assistance;

    [[Page 123 STAT. 3393]]

                (2) any assistance provided by the Trade and Development
            Agency under section 661 of the Foreign Assistance Act of 1961
            (22 U.S.C. 2421);
                (3) any activity carried out by a member of the United
            States and Foreign Commercial Service while acting within his or
            her official capacity;
                (4) any insurance, reinsurance, guarantee or other
            assistance provided by the Overseas Private Investment
            Corporation under title IV of chapter 2 of part I of the Foreign
            Assistance Act of 1961 (22 U.S.C. 2191 et seq.);
                (5) any financing provided under the Export-Import Bank Act
            of 1945; or
                (6) humanitarian assistance.

                      repression in the russian federation

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

        (b) The <<NOTE: Waiver authority. Determination.>>  Secretary of
    State may waive the requirements of subsection (a) if the Secretary
    determines that to do so is important to the national interests of the
    United States.

                                  central asia

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

                                   afghanistan

        Sec. 7076. (a) In General.--Funds appropriated by this Act that are
    available for assistance for Afghanistan shall be made available, to the
    maximum extent practicable, in a manner that utilizes Afghan entities
    and emphasizes the participation and leadership of Afghan women and
    directly improves the security,

    [[Page 123 STAT. 3394]]

    economic and social well-being, and political status of Afghan women and
    girls.
        (b) Assistance for Women and Girls.--
                (1) The <<NOTE: Applicability.>>  terms and conditions of
            section 1102(b)(1) of Public Law 111-32 shall apply to
            assistance for Afghanistan in fiscal year 2010.
                (2) Of the funds appropriated by this Act under the headings
            ``Economic Support Fund'' and ``International Narcotics Control
            and Law Enforcement'', not less than $175,000,000 shall be made
            available to support programs that directly address the needs
            and protect the rights of Afghan women and girls, including for
            the Afghan Independent Human Rights Commission, the Afghan
            Ministry of Women's Affairs, and for women-led nongovernmental
            organizations.

        (c) <<NOTE: Applicability.>>  Procurement of Afghan Products and
    Services.--The terms and conditions of section 1102(c) of Public Law
    111-32 shall apply to assistance for Afghanistan in fiscal year 2010.

        (d) Anticorruption.-- <<NOTE: Applicability.>>
                (1) The terms and conditions of section 1102(d) of Public
            Law 111-32 shall apply to assistance for Afghanistan in fiscal
            year 2010.
                (2) Of <<NOTE: Certification.>>  the funds appropriated by
            this Act under the heading ``Economic Support Fund'' that are
            available for assistance for the Government of Afghanistan,
            $200,000,000 may not be obligated for such assistance unless the
            Secretary of State certifies to the Committees on Appropriations
            that the Government of Afghanistan is cooperating fully with
            United States efforts against the Taliban and Al Qaeda and to
            reduce poppy cultivation and illicit drug
            trafficking: <<NOTE: Waiver authority. Reports.>>  Provided,
            That the Secretary of State may waive the previous sentence if
            the Secretary reports to the Committees on Appropriations that
            to do so is vital to the national security interests of the
            United States.

        (e) Reconstruction and Development Assistance.--
                (1) Of the funds appropriated by this Act under the heading
            ``Economic Support Fund'' that are available for assistance for
            Afghanistan, not less than $175,000,000 shall be made available
            for the National Solidarity Program.
                (2) The Secretary of State, in consultation with the
            Administrator of the United States Agency for International
            Development and the Secretary of Defense, should enhance United
            States reconstruction efforts in Afghanistan by--
                        (A) emphasizing capacity building and support of
                    Afghan entities and institutions at the provincial and
                    sub-provincial levels; and
                        (B) requiring civilian Provincial Reconstruction
                    Team (PRT) leaders to consult regularly with appropriate
                    local Afghan leaders in their respective provinces and
                    ensuring that PRT reconstruction and development
                    activities support local needs in a sustainable manner
                    and strengthen the authority and control of the
                    Government of Afghanistan at the provincial and sub-
                    provincial levels.

        (f) Rule of Law Programs.--The Coordinator for Rule of Law at the
    United States Embassy in Kabul, Afghanistan shall be consulted on the
    use of all funds appropriated by this Act for rule of law programs and
    activities in Afghanistan.
        (g) Base Rights.--None of the funds made available by this Act may
    be used by the United States Government to enter into

    [[Page 123 STAT. 3395]]

    a permanent basing rights agreement between the United States and
    Afghanistan.

                                enterprise funds

        Sec. 7077. (a) <<NOTE: President. Notifications. Distribution
    plan.>>  Prior to the distribution of any assets resulting from any
    liquidation, dissolution, or winding up of an Enterprise Fund, in whole
    or in part, the President shall submit to the Committees on
    Appropriations, in accordance with the regular notification procedures
    of the Committees on Appropriations, a plan for the distribution of the
    assets of the Enterprise Fund.

        (b) Funds made available under titles III through VI of this Act for
    Enterprise Funds shall be expended at the minimum rate necessary to make
    timely payment for projects and activities and shall be subject to the
    regular notification procedures of the Committees on Appropriations.

                         united nations population fund

        Sec. 7078. (a) Contribution.--Of the funds made available under the
    heading ``International Organizations and Programs'' in this Act for
    fiscal year 2010, $55,000,000 shall be made available for the United
    Nations Population Fund (UNFPA).
        (b) Availability of Funds.--Funds
    appropriated <<NOTE: Notification.>>  by this Act for UNFPA, that are
    not made available for UNFPA because of the operation of any provision
    of law, shall be transferred to the ``Global Health and Child Survival''
    account and shall be made available for family planning, maternal, and
    reproductive health activities, subject to the regular notification
    procedures of the Committees on Appropriations.

        (c) Prohibition on Use of Funds in China.--None of the funds made
    available by this Act may be used by UNFPA for a country program in the
    People's Republic of China.
        (d) Conditions on Availability of Funds.--Funds made available by
    this Act for UNFPA may not be made available unless--
                (1) UNFPA maintains funds made available by this Act in an
            account separate from other accounts of UNFPA and does not
            commingle such funds with other sums; and
                (2) UNFPA <<NOTE: Abortions.>>  does not fund abortions.

        (e) Report to Congress and Dollar-for-Dollar Withholding of Funds.--
                (1) Not later than 4 months after the date of enactment of
            this Act, the Secretary of State shall submit a report to the
            Committees on Appropriations indicating the amount of funds that
            the UNFPA is budgeting for the year in which the report is
            submitted for a country program in the People's Republic of
            China.
                (2) If a report under paragraph (1) indicates that the UNFPA
            plans to spend funds for a country program in the People's
            Republic of China in the year covered by the report, then the
            amount of such funds the UNFPA plans to spend in the People's
            Republic of China shall be deducted from the funds made
            available to the UNFPA after March 1 for obligation for the
            remainder of the fiscal year in which the report is submitted.

    [[Page 123 STAT. 3396]]

                                      opic

                          (including transfer of funds)

        Sec. 7079. (a) <<NOTE: President. Determination.>>  Whenever the
    President determines that it is in furtherance of the purposes of the
    Foreign Assistance Act of 1961, up to a total of $20,000,000 of the
    funds appropriated under title III of this Act may be transferred to,
    and merged with, funds appropriated by this Act for the Overseas Private
    Investment Corporation Program Account, to be subject to the terms and
    conditions of that account: Provided, That such funds shall not be
    available for administrative expenses of the Overseas Private Investment
    Corporation: Provided further, That designated funding levels in this
    Act shall not be transferred pursuant to this
    section: <<NOTE: Notification.>>  Provided further, That the exercise of
    such authority shall be subject to the regular notification procedures
    of the Committees on Appropriations.

        (b) The <<NOTE: Deadline. Guidelines. Requirements. 22 USC 2191b.>>
    President of the Overseas Private Investment Corporation is hereby
    authorized and directed to issue, not later than 9 months after the date
    of enactment of this Act, a comprehensive set of environmental,
    transparency and internationally recognized worker rights and human
    rights guidelines with requirements binding on the Corporation and its
    investors that shall be consistently applied to all projects, funds and
    sub-projects supported by the Corporation: <<NOTE: Notice. Public
    comment.>>  Provided, That these regulations shall be no less rigorous
    than the environmental and social guidelines that the Corporation has
    made publicly available as of June 3, 2009, and the environmental and
    social policies of the World Bank Group, and hereafter may be issued and
    further revised only following public notice and opportunity for
    comment: <<NOTE: Reports.>>  Provided further, That the Overseas Private
    Investment Corporation shall issue a report, not later than 180 days
    after enactment of this Act, highlighting its substantial commitment to
    invest in renewable and other clean energy technologies and plans to
    significantly reduce greenhouse gas emissions from its portfolio:
    Provided further, That such commitment shall include implementing a
    revised climate change mitigation plan to reduce greenhouse gas
    emissions associated with projects and sub-projects in the agency's
    portfolio as of June 30, 2008 by at least 30 percent over a 10-year
    period and by at least 50 percent over a 15-year period.

        (c) Notwithstanding <<NOTE: Termination date. 22 USC 2194 note.>>
    section 235(a)(2) of the Foreign Assistance Act of 1961 (22 U.S.C.
    2195(a)(2)), the authority of subsections (a) through (c) of section 234
    of such Act shall remain in effect through September 30, 2010.

                                   extradition

        Sec. 7080. (a) None of the funds appropriated in this Act may be
    used to provide assistance (other than funds provided under the headings
    ``International Narcotics Control and Law Enforcement'', ``Migration and
    Refugee Assistance'', ``Emergency Migration and Refugee Assistance'',
    and ``Nonproliferation, Anti-terrorism, Demining and Related
    Assistance'') for the central government of a country which has notified
    the Department of State of its refusal to extradite to the United States
    any individual indicted for a criminal offense for which the maximum
    penalty is life imprisonment without the possibility of parole or for
    killing a law enforcement officer, as specified in a United States
    extradition request.

    [[Page 123 STAT. 3397]]

        (b) Subsection <<NOTE: Applicability.>>  (a) shall only apply to the
    central government of a country with which the United States maintains
    diplomatic relations and with which the United States has an extradition
    treaty and the government of that country is in violation of the terms
    and conditions of the treaty.

        (c) The <<NOTE: Waiver authority. Certification.>>  Secretary of
    State may waive the restriction in subsection (a) on a case-by-case
    basis if the Secretary certifies to the Committees on Appropriations
    that such waiver is important to the national interests of the United
    States.

                     climate change and environment programs

        Sec. 7081. (a) In General.--Of the funds appropriated by this Act,
    up to $1,257,200,000 may be made available for programs and activities
    to--
                (1) reduce, mitigate, and sequester greenhouse gases that
            contribute to global climate change;
                (2) support climate change adaptation;
                (3) protect forests and other critical landscapes; and
                (4) protect biodiversity.

        (b) Clean Energy Programs.--Funds appropriated by this Act under the
    headings ``Development Assistance'', ``Economic Support Fund'', and
    ``Assistance for Europe, Eurasia and Central Asia'' for clean energy
    programs and activities, may be made available only to promote the
    sustainable use of renewable energy technologies and end-use energy
    efficiency technologies, carbon sequestration, and carbon accounting:
    Provided, That of the funds made available for the United States Agency
    for International Development (USAID) for clean energy programs, not
    less than $10,000,000 shall be made available for microfinance renewable
    energy programs, including solar energy programs.
        (c) Adaptation Programs.--Funds appropriated <<NOTE: Public
    information. Web posting.>>  by this Act shall be made available for
    United States contributions to the Least Developed Countries Fund and
    the Special Climate Change Fund to support adaptation programs and
    activities, if the Global Environment Facility makes publicly available
    on its website the criteria used to determine which programs and
    activities receive funds, the manner in which such programs and
    activities meet such criteria, the extent of local involvement in such
    programs and activities, the amount of funds provided, and the results
    achieved.

        (d) Biodiversity.--Of the funds appropriated by title III of this
    Act, not less than $205,000,000 shall be made available for programs and
    activities which directly protect biodiversity, including tropical
    forests and wildlife, in developing countries, of which not less than
    $25,000,000 shall be made available for USAID's conservation programs in
    the Amazon Basin: Provided, That of the funds made available under this
    paragraph, not less than $20,500,000 shall be made available for the
    Congo Basin Forest Partnership only for programs which directly promote
    the conservation and sustainable management of natural resources in
    landscapes in the Congo Basin area, with a priority on protected area
    and landscape resource management to enable local communities to
    conserve the natural resource base, including programs to substantially
    reduce the impacts of industrial-scale resource extraction on local
    communities and the natural resource base: Provided further, That none
    of the funds appropriated by this Act may be

    [[Page 123 STAT. 3398]]

    made available, directly or indirectly, to support industrial-scale
    logging or other industrial-scale resource extraction or sector reform
    that would promote these activities: Provided further, That funds
    appropriated by this Act to carry out the provisions of sections 103
    through 106, and chapter 4 of part II, of the Foreign Assistance Act of
    1961 may be used, notwithstanding any other provision of law and subject
    to the regular notification procedures of the Committees on
    Appropriations, for the purpose of supporting tropical forestry and
    biodiversity conservation activities, clean energy and climate change
    programs aimed at reducing greenhouse gas emissions, and programs to
    mitigate mercury pollution: Provided further, That funds appropriated
    under the heading ``Development Assistance'' may be made available as a
    contribution to the Galapagos Invasive Species Fund.
        (e) Consultation.--Funds made <<NOTE: Notification.>>  available
    pursuant to this section are subject to prior consultation with, and the
    regular notification procedures of, the Committees on
    Appropriations: <<NOTE: Determination. Reports.>>  Provided, That prior
    to the obligation of funds for a contribution to the Forest Carbon
    Partnership Facility, the Secretary of State and the Secretary of the
    Treasury, as appropriate, shall determine and report to the Committees
    on Appropriations that there have been thorough consultations by the
    World Bank with interested civil society and indigenous organizations.

        (f) Extraction of Natural Resources.--
                (1) The <<NOTE: Public information.>>  Secretary of the
            Treasury shall inform the managements of the international
            financial institutions and the public that it is the policy of
            the United States to oppose any assistance by such institutions
            (including but not limited to any loan, credit, grant, or
            guarantee) for the extraction and export of oil, gas, coal,
            timber, or other natural resource unless the government of the
            country has in place functioning systems for:
                        (A) accurately accounting for payments for companies
                    involved in the extraction and export of natural
                    resources;
                        (B) the independent auditing of accounts receiving
                    such payments and the widespread public dissemination of
                    the findings of such audits; and
                        (C) verifying government receipts against company
                    payments including widespread dissemination of such
                    payment information, and disclosing such documents as
                    Host Government Agreements, Concession Agreements, and
                    bidding documents, allowing in any such dissemination or
                    disclosure for the redaction of, or exceptions for,
                    information that is commercially proprietary or that
                    would create competitive disadvantage.
                (2) Not <<NOTE: Deadline. Reports.>>  later than 180 days
            after the enactment of this Act, the Secretary of the Treasury
            shall submit a report to the Committees on Appropriations
            describing, for each international financial institution, the
            amount and type of assistance provided, by country, for the
            extraction and export of oil, gas, coal, timber, or other
            natural resources in the preceding 12 months, and whether each
            institution considered, in its proposal for such assistance, the
            extent to which the country has functioning systems described in
            paragraph (1).

        (g) Authorization for the Clean Technology Fund.-- <<NOTE: 22 USC
    7909.>>
                (1) Limitations on authorization of appropriations.--For
            fiscal year 2010, up to $300,000,000 is authorized to be

    [[Page 123 STAT. 3399]]

            appropriated for a United States contribution to the Clean
            Technology Fund (the Fund).
                (2) Limits on country access.--The Secretary of the Treasury
            shall use the voice and vote of the United States to ensure
            that--
                        (A) The Fund does not provide more than 15 percent
                    of Fund resources to any one country;
                        (B) Prior to the obligation of funds, recipient
                    countries submit to the governing body of the Fund, and
                    the governing body of the Fund appropriately reviews and
                    considers, an investment plan that will achieve
                    significant net reductions in national-level greenhouse
                    gas emissions;
                        (C) The investment plan for a recipient country,
                    whose borrowing status is classified by the World Bank
                    as ``International Development Association (IDA)
                    blend'', shall have at least 15 percent of its total
                    cost for public sector activities contributed from the
                    public funds of the recipient country, and any recipient
                    country whose borrowing status is classified by the
                    World Bank as ``International Bank for Reconstruction
                    and Development (IBRD) Only'' status, shall have at
                    least 25 percent of its total cost for public sector
                    activities contributed from public funds of the
                    recipient country; and
                        (D) Assistance made available by the Fund is used
                    exclusively to support the deployment of clean energy
                    technologies in developing countries (including, where
                    appropriate, through the provision of technical support
                    or support for policy or institutional reforms) in a
                    manner that achieves substantial net reductions in
                    greenhouse gas emissions.
                (3) Reporting requirement.--Not later than 180 days after
            the date of enactment of this Act and annually thereafter, the
            Secretary of the Treasury shall submit to the Committees on
            Appropriations in the House and Senate, the Senate Foreign
            Relations Committee and the House Financial Services Committee,
            a report describing--
                        (A) the operations and governance of the Fund, and
                    the purpose and progress of each project supported by
                    the Fund, including the extent to which assistance made
                    available by the Fund has reduced or will reduce
                    greenhouse gas emissions in recipient countries; and
                        (B) how each project furthers the Fund's investment
                    plan of the country or countries in which the project is
                    implemented.
                (4) Definitions.--For purposes of this subsection--
                        (A) Net reductions.--The term ``net reductions''
                    refers to the extent to which a project or program
                    supported under this subsection results in lower
                    greenhouse gas emissions than would be emitted by the
                    same entity or sector in the same country in the absence
                    of the Fund's project, taking into account, unless
                    impracticable, effects beyond the physical boundaries of
                    the project or program that result from project or
                    program activities.
                        (B) Public sector activities.--The term ``public
                    sector activities'' may include sovereign loans assumed
                    by the recipient country to contribute to the financing
                    of the investment plan.

    [[Page 123 STAT. 3400]]

                        (C) Clean energy technology.--The term ``clean
                    energy technology'' means a technology that, as compared
                    with technologies being deployed at that time for
                    widespread commercial use in the country involved--
                              (i) achieves substantial reductions in
                          greenhouse gas emissions;
                              (ii) does not result in significant
                          incremental adverse effects on public health or
                          the environment; and
                              (iii) does one or more of the following:
                                        (I) generates electricity or useful
                                    thermal energy from a renewable
                                    resource;
                                        (II) substantially increases the
                                    energy efficiency of buildings,
                                    industrial, or agricultural processes,
                                    or of electricity transmission,
                                    distribution, or end-use consumption; or
                                        (III) substantially increases the
                                    energy efficiency of the transportation
                                    system or increases utilization of
                                    transportation fuels that have lifecycle
                                    greenhouse gas emissions that are
                                    substantially lower than those
                                    attributable to fossil fuel-based
                                    alternatives.

                       prohibition on promotion of tobacco

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

                     commercial leasing of defense articles

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

                                anti-kleptocracy

        Sec. 7084. (a) <<NOTE: Records. 8 USC 1182 note.>>  In furtherance
    of the National Strategy to Internationalize Efforts Against Kleptocracy
    and Presidential Proclamation 7750, the Secretary of State shall compile
    and maintain a list of officials of foreign governments and their
    immediate family members who the Secretary has credible evidence have
    been involved in corruption relating to the extraction of natural
    resources in their countries.

    [[Page 123 STAT. 3401]]

        (b) Any individual on the list compiled under subsection (a) shall
    be ineligible for admission to the United States.
        (c) The <<NOTE: Waiver authority. Determination.>>  Secretary may
    waive the application of subsection (b) if the Secretary determines that
    admission to the United States is necessary to attend the United Nations
    or to further United States law enforcement objectives, or that the
    circumstances which caused the individual to be included on the list
    have changed sufficiently to justify the removal of the individual from
    the list.

        (d) Not <<NOTE: Deadlines. Reports. Classified information.>>  later
    than 90 days after enactment of this Act and 180 days thereafter, the
    Secretary of State shall report in writing, in classified form if
    necessary, to the Committees on Appropriations describing the evidence
    of corruption concerning each of the individuals listed pursuant to
    subsection (a).

                         international prison conditions

        Sec. 7085. (a) <<NOTE: Deadline. Reports. Public information. Web
    posting. Determination.>>  Not later than 180 days after enactment of
    this Act, the Secretary of State shall submit to the Committees on
    Appropriations a report, which shall also be made publicly available
    including on the Department of State's website, describing the
    conditions in prisons and other detention facilities in countries
    receiving United States assistance where the Assistant Secretary of
    State for Democracy, Human Rights and Labor has determined, based on the
    Department of State's most recent Human Rights Report and any other
    relevant information, arbitrary detention and/or cruel, inhumane or
    degrading treatment of prisoners or detainees, or inhumane prison
    conditions, is common, and identifying those countries, if any, whose
    governments the Assistant Secretary determines are making significant
    efforts to eliminate inhumane conditions and those countries whose
    governments the Assistant Secretary determines are not making such
    efforts.

        (b) For purposes of each determination made pursuant to subsection
    (a), the Assistant Secretary shall consider whether:
                (1) the number of prisoners or detainees does not so exceed
            prison capacity such that per capita floor space is sufficient
            to allow for humane sleeping conditions and reasonable physical
            movement;
                (2) human waste facilities are available and are located
            separately from the prison population at large, and human waste
            is disposed of regularly and in a sanitary manner;
                (3) the lighting, ventilation, temperature and physical
            construction of prisons and other detention facilities do not
            seriously endanger health and safety;
                (4) prisoners and detainees have access to adequate food and
            potable drinking water;
                (5) prisoners and detainees have access to basic and
            emergency medical care;
                (6) to the maximum extent practicable, prisoners and
            detainees are allowed reasonable contact with visitors and
            permitted religious observance;
                (7) the government permits prisoners and detainees to submit
            complaints to judicial authorities without censorship,
            investigates credible allegations of inhumane conditions, and
            documents the results of such investigations in a manner that is
            publicly accessible;
                (8) the government is investigating and monitoring the
            conditions of prisons and other detention facilities under its

    [[Page 123 STAT. 3402]]

            authority, including cooperation with international experts on
            eliminating inhumane conditions, and such information is
            available to the Secretary of State;
                (9) the government is appointing ombudsmen to serve on
            behalf of prisoners and detainees, considering alternatives to
            incarceration for nonviolent offenders to alleviate inhumane
            overcrowding, making efforts to address the status and
            circumstances of confinement of juvenile offenders, making
            efforts to improve pre-trial detention, bail and recordkeeping
            procedures to reduce pre-trial detention periods and to ensure
            that prisoners do not serve beyond the maximum sentence for the
            charged offense; and
                (10) the government is increasing the amount of government
            resources to eliminate inhumane conditions.

        (c) Funds appropriated by this Act to carry out the provisions of
    chapters 1 and 11 of part I and chapter 4 of part II of the Foreign
    Assistance Act of 1961, and the Support for East European Democracy
    (SEED) Act of 1989, shall be made available, notwithstanding section 660
    of the Foreign Assistance Act of 1961, for assistance to help eliminate
    inhumane conditions in prisons and other detention facilities
    administered by foreign governments that the Assistant Secretary of
    State determines are making significant efforts to eliminate such
    conditions.
        (d) The <<NOTE: Designation.>>  Secretary of State shall designate a
    Deputy Assistant Secretary of State in the Bureau of Democracy, Human
    Rights and Labor to have primary responsibility for diplomatic efforts
    related to international prison conditions.

                         transparency and accountability

        Sec. 7086. (a) United Nations.--Funds appropriated by this Act shall
    be available to continue to support efforts to promote transparency and
    accountability at the United Nations, including access to audits and
    program information, as appropriate: Provided,  That the Secretary of
    State, following consultation with the Committees on Appropriations, may
    withhold from obligation funds appropriated under the heading
    ``International Organizations and Programs'' for a United States
    contribution to a United Nations organization or agency if the Secretary
    determines that such organization or agency is not adequately
    implementing reforms to increase transparency and accountability.
        (b) International Monetary Fund.--
                (1) The <<NOTE: Deadline.>>  Secretary of the Treasury shall
            instruct the United States Executive Director of the
            International Monetary Fund (the Fund) to promote standard
            public disclosure of documents of the Fund presented to the
            Executive Board of the Fund and summaries of the minutes of
            meetings of the Board, as recommended by the Independent
            Evaluation Office of the Fund, not later than 2 years after the
            date of the meeting at which the document was presented or the
            minutes were taken (as the case may be), unless the Executive
            Board--
                        (A) determines <<NOTE: Determination.>>  that it is
                    appropriate to delay disclosure; and
                        (B) posts <<NOTE: Web posting.>>  the reason for the
                    delay on the website of the Fund.
                (2) Transparency and accountability of loans, agreements,
            and other programs of the international monetary

    [[Page 123 STAT. 3403]]

            fund.--The Secretary of the Treasury shall instruct the United
            States Executive Director of the International Monetary Fund to
            promote--
                        (A) transparency and accountability in the
                    policymaking and budgetary procedures of governments of
                    members of the Fund;
                        (B) the participation of citizens and
                    nongovernmental organizations in the economic policy
                    choices of those governments; and
                        (C) the adoption by those governments of loans,
                    agreements, or other programs of the Fund through a
                    parliamentary process or another participatory and
                    transparent process, as appropriate.
                (3) Efforts to reduce the worst forms of child labor.--
                        (A) The Secretary of the Treasury shall instruct the
                    United States Executive Director of the International
                    Monetary Fund to promote policies and practices to
                    reduce the worst forms of child labor (as defined in
                    section 507(6) of the Trade Act of 1974 (19 U.S.C.
                    2467(6))) through education and other means, such as
                    promoting the need for members of the Fund to develop
                    and implement national action plans to combat the worst
                    forms of child labor.
                        (B) Not <<NOTE: Deadline. Reports.>>  later than one
                    year after the date of the enactment of this Act, the
                    Secretary of the Treasury shall submit to the Committees
                    on Appropriations and Foreign Relations of the Senate
                    and the Committees on Appropriations and Financial
                    Services of the House of Representatives a report
                    describing efforts of the Fund to reduce the worst forms
                    of child labor.

        (c) National Budget Transparency.--
                (1) None <<NOTE: Public information. Deadline.>>  of the
            funds appropriated under titles III and IV of this Act may be
            made available for assistance for the central government of any
            country that fails to publicly disclose on an annual basis its
            national budget, to include income and expenditures.
                (2) The <<NOTE: Waiver authority. Reports.>>  Secretary of
            State may waive the requirements of paragraph (1) on a country-
            by-country basis if the Secretary reports to the Committees on
            Appropriations that to do so is important to the national
            interest of the United States.
                (3) Of the funds appropriated by this Act under the heading
            ``Economic Support Fund'', up to $1,500,000 may be made
            available for programs and activities to assist the central
            government of any country named in the reports required by
            paragraph (2) to improve national budget transparency: Provided,
            That such sums shall be in addition to funds otherwise made
            available for such purposes.

        (d) Asian Development Bank.--Ten percent <<NOTE: Reports.>>  of the
    funds appropriated by this Act under the heading ``Contribution to the
    Asian Development Fund'' shall be withheld from obligation until the
    Secretary of the Treasury reports to the Committees on Appropriations
    that the Asian Developement Bank (the Bank) is taking steps to--
                (1) implement an independent review, to include external
            specialists, of the operations and internal controls of the
            Office of Information Systems and Technology and any other
            offices considered vulnerable to fraud and corruption;

    [[Page 123 STAT. 3404]]

                (2) strengthen internal controls to improve accountability
            by management and prevent cases of fraud and corruption; and
                (3) ensure that restitution, including criminal prosecution
            if appropriate, is sought if the Bank experiences losses from
            fraud and corruption.

                               disability programs

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

                   orphans, displaced, and abandoned children

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

                                    sri lanka

        Sec. 7089. (a) In General.--Funds
    appropriated <<NOTE: Notification.>>  in title III of this Act that are
    available for assistance for Sri Lanka shall be made available for
    programs that promote reconciliation between ethnic Sinhalese and Tamil
    populations, support post-conflict reconstruction, and advance the
    participation of Tamils and other minorities in the political and
    economic life of the country, and shall be subject to the regular
    notification procedures of the Committees on Appropriations.

        (b) Restriction on Military Assistance.--None
    of <<NOTE: Certification.>>  the funds appropriated by this Act under
    the heading ``Foreign Military Financing Program'' may be made available
    for assistance for Sri

    [[Page 123 STAT. 3405]]

    Lanka, no defense export license may be issued, and no military
    equipment or technology shall be sold or transferred to Sri Lanka
    pursuant to the authorities contained in this Act or any other Act,
    until the Secretary of State certifies to the Committees on
    Appropriations that the Government of Sri Lanka--
                (1) is suspending and bringing to justice members of the
            military who have been credibly alleged to have violated
            internationally recognized human rights or international
            humanitarian law; and
                (2) is respecting internationally recognized human rights,
            including the right of due process and freedoms of the press,
            association and assembly;
                (3) is treating internally displaced persons in accordance
            with international standards, including by guaranteeing their
            freedom of movement, providing access to conflict-affected areas
            and populations by humanitarian organizations and journalists,
            and accounting for persons detained in the conflict; and
                (4) is implementing policies to promote reconciliation and
            justice including devolution of power as provided for in the
            Constitution of Sri Lanka.

        (c) Exception.--Subsection (b) shall not apply to assistance for
    humanitarian demining.
        (d) Use of Funds.--If the Secretary makes the certification required
    in subsection (b), funds appropriated under the heading ``Foreign
    Military Financing Program'' that are made available for assistance for
    Sri Lanka should be used to support the recruitment and training of
    Tamils into the Sri Lankan military, Tamil language training for
    Sinhalese military personnel, and human rights training for all military
    personnel.
        (e) <<NOTE: Certification.>>  Restriction on Multilateral
    Assistance.--The Secretary of the Treasury shall instruct the United
    States Executive Directors of the international financial institutions
    (as defined in section 1701(c)(2) of the International Financial
    Institutions Act (22 U.S.C. 262r(c)(2))) to vote against any loan,
    agreement, or other financial support for Sri Lanka except to meet basic
    human needs, unless the Secretary of State certifies to the Committees
    on Appropriations that the Government of Sri Lanka is meeting the
    requirements in subsection (b)(3).

                     international monetary fund provisions

        Sec. 7090. (a) <<NOTE: Determination.>>  Opposition to Hard Currency
    for SDRs Received by Terrorist Countries.--The Secretary of the Treasury
    shall instruct the United States Executive Director at the International
    Monetary Fund (the Fund) to use the voice and vote of the United States
    to oppose the provision by the Fund of United States dollars, euros, or
    Japanese yen to any country the government of which the Secretary of
    State has determined, for purposes of section 6(j) of the Export
    Administration Act of 1979, section 620A of the Foreign Assistance Act
    of 1961, or section 40 of the Arms Export Control Act, to be a
    government that has repeatedly provided support for acts of
    international terrorism, in exchange for any Special Drawing Rights
    received by the country pursuant to the amendments to the Articles of
    Agreement of the Fund as described in section 64 of the Bretton Woods
    Agreements Act.

    [[Page 123 STAT. 3406]]

        (b) Conditional Sunset on Authority to Make Loans to Fund the New
    Arrangements to Borrow.--Section 17(a) of the Bretton Woods Agreements
    Act (22 U.S.C. 286e-2(a)) is amended by adding at the end the following:
                ``(3) The <<NOTE: Expiration
            date. Deadlines. Certification.>>  authority to make loans under
            this section shall expire on the date that is 5 years after the
            date of the enactment of this paragraph unless the Secretary of
            the Treasury, not later than 60 days before such expiration date
            or 60 days prior to the renewal of the decision governing the
            New Arrangements to Borrow (NAB), whichever occurs first,
            certifies to the appropriate congressional committees, that--
                        ``(A) no amendments made, or anticipated to be made,
                    to the NAB to achieve an expanded and more flexible NAB,
                    as described in paragraph 17 of the G20 Leaders'
                    Statement at the 2009 London Summit, will impair the
                    ability of the Secretary of the Treasury to consider a
                    renewal of the NAB decision at intervals no greater than
                    5 years and to withdraw the adherence of the United
                    States to the NAB decision as is currently provided
                    under paragraph 19 of the New Arrangement to Borrow,
                    adopted by the Executive Board of the International
                    Monetary Fund (IMF) on January 27, 1997; and
                        ``(B)(i) the IMF will borrow resources from members
                    under the NAB only when quota resources need to be
                    supplemented in order to forestall or cope with an
                    impairment of the international monetary system or to
                    deal with an exceptional situation that poses a threat
                    to the stability of that system;
                        ``(ii) the IMF has, prior to any activation of the
                    NAB, fully explored other means of funding to supplement
                    any potential shortfall in quota resources necessary to
                    forestall or cope with an impairment of the
                    international monetary system or to deal with an
                    exceptional situation that poses a threat to the
                    stability of that system; or
                        ``(iii) it is in the United States' strategic
                    economic interest to maintain the relative size or lower
                    of the United States contribution to the NAB as in
                    effect on the date of the certification.
                ``(4) Not <<NOTE: Deadline. Certification. Consultation.>>
            later than 15 days before submitting the certification under
            paragraph (3), the Secretary of the Treasury shall consult with
            the appropriate congressional committees regarding such
            certification.''.

        (c) Limitation on Percentage of New Arrangements to Borrow to Be
    Funded by the United States.--Section 17(a)(2) of the Bretton Woods
    Agreements Act (22 U.S.C. 286e-2(a)(2)) is amended by striking ``is
    representative of its share as of the date of the enactment of this
    Act'' and inserting ``remains not greater than 20 percent, which
    approximates the United States share as of the date of the enactment of
    the Supplemental Appropriations Act, 2009 Public Law 111-32''.
        (d) Reporting Requirements.--Not later than 60 days after the
    enactment of this Act and annually thereafter until September 30, 2014,
    the Secretary of the Treasury, in consultation with other appropriate
    Federal agencies, shall submit to the Committees on Appropriations a
    report on the loans made and programs carried out using financing
    provided by or through the New Arrangements

    [[Page 123 STAT. 3407]]

    to Borrow: Provided, That each such report shall include the following:
                (1) A description of the economies of countries requiring
            the assistance from the New Arrangements to Borrow, including
            the monetary, fiscal, and exchange rate policies of the
            countries.
                (2) A description of the degree to which the countries
            requiring the assistance have implemented domestic reforms
            including--
                        (A) the enactment and implementation of appropriate
                    financial reform legislation;
                        (B) strengthening the domestic financial system and
                    improving transparency and supervision;
                        (C) opening domestic capital markets; and
                        (D) making nontransparent conglomerate practices
                    more transparent through the application of
                    internationally accepted accounting practices,
                    independent external audits, full disclosure, and
                    provision of consolidated statements.
                (3) A detailed summary of the trade policies of the
            countries, including any unfair trade practices or adverse
            effects of the trade policies on the United States.
                (4) The amount, rate of interest, and disbursement and
            repayment schedules of any funds disbursed by the International
            Monetary Fund pursuant to the New Arrangements to Borrow.

                    intellectual property rights protections

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

                    prohibition on certain first-class travel

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

           limitation on use of funds in contravention of certain laws

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

    [[Page 123 STAT. 3408]]

         This division may be cited as the ``Department of State, Foreign
    Operations, and Related Programs Appropriations Act, 2010''

        Approved December 16, 2009.

    LEGISLATIVE HISTORY--H.R. 3288:
    ---------------------------------------------------------------------------

    HOUSE REPORTS: Nos. 111-218 (Comm. on Appropriations) and 111-366
    (Comm. of Conference).
    SENATE REPORTS: No. 111-69 (Comm. on Appropriations).
    CONGRESSIONAL RECORD, Vol. 155 (2009):
                July 23, considered and passed House.
                Sept. 10, 11, 14-17, considered and passed Senate, amended.
                Dec. 10, House agreed to conference report. Senate
                    considered conference report.
                Dec. 11-13, Senate considered and agreed to conference
                    report.

                                      <all>