[111th Congress Public Law 117]
[From the U.S. Government Printing 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>