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111th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    111-366
_______________________________________________________________________

                                     


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

                               ----------                              

                           CONFERENCE REPORT

                              To accompany

                               H.R. 3288




                December 8, 2009.--Ordered to be printed

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


111th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    111-366
_______________________________________________________________________

                                     


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

                               __________

                           CONFERENCE REPORT

                              To accompany

                               H.R. 3288




                December 8, 2009.--Ordered to be printed
111th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    111-366

======================================================================



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

                                _______
                                

                December 8, 2009.--Ordered to be printed

                                _______
                                

  Mr. Olver, from the committee of conference, submitted the following

                           CONFERENCE REPORT

                        [To accompany H.R. 3288]

      The committee of conference on the disagreeing votes of 
the two Houses on the amendment of the Senate to the bill (H.R. 
3288), making appropriations for the Departments of 
Transportation and Housing and Urban Development, and related 
agencies for the fiscal year ending September 30, 2010, and for 
other purposes, having met, after full and free conference, 
have agreed to recommend and do recommend to their respective 
Houses as follows:
      That the House recede from its disagreement to the 
amendment of the Senate and agree to the same with an amendment 
as follows:
      In lieu of the matter proposed to be inserted by the 
Senate amendment, insert the following:

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

                                TITLE I

                      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 Officer: 
Provided, That the Secretary of Transportation is authorized to 
transfer funds appropriated for any office of the Office of the 
Secretary to any other office of the Office of the Secretary: 
Provided further, That no appropriation for any office shall be 
increased or decreased by more than 5 percent by all such 
transfers: Provided further, That notice of any change in 
funding greater than 5 percent shall be submitted for approval 
to the House and Senate Committees on Appropriations: Provided 
further, That not to exceed $60,000 shall be for allocation 
within the Department for official reception and representation 
expenses as the Secretary may determine: Provided further, That 
notwithstanding any other provision of law, excluding fees 
authorized in Public Law 107-71, there may be credited to this 
appropriation up to $2,500,000 in funds received in user fees: 
Provided further, That none of the funds provided in this Act 
shall be available for the position of Assistant Secretary for 
Public Affairs.

                  NATIONAL INFRASTRUCTURE INVESTMENTS

    For capital investments in surface transportation 
infrastructure, $600,000,000, to remain available through 
September 30, 2012: Provided, That the Secretary of 
Transportation shall distribute funds provided under this 
heading as discretionary grants to be awarded to a State, local 
government, transit agency, or a collaboration among such 
entities on a competitive basis for projects that will have a 
significant impact on the Nation, a metropolitan area, or a 
region: Provided further, That projects eligible for funding 
provided under this heading shall include, but not be limited 
to, highway or bridge projects eligible under title 23, United 
States Code; public transportation projects eligible under 
chapter 53 of title 49, United States Code; passenger and 
freight rail transportation projects; and port infrastructure 
investments: Provided further, That in distributing funds 
provided under this heading, the Secretary shall take such 
measures so as to ensure an equitable geographic distribution 
of funds, an appropriate balance in addressing the needs of 
urban and rural areas, and the investment in a variety of 
transportation modes: Provided further, That a grant funded 
under this heading shall be not less than $10,000,000 and not 
greater than $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 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, 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, That no assessments may 
be levied against any program, budget activity, subactivity or 
project funded by this Act unless notice of such assessments 
and the basis therefor are presented to the House and Senate 
Committees on Appropriations and are approved by such 
Committees.

               MINORITY BUSINESS RESOURCE CENTER PROGRAM

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

                       MINORITY BUSINESS OUTREACH

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

                        PAYMENTS TO AIR CARRIERS

                    (airport and airway trust fund)

                     (including transfer of funds)

    In addition to funds made available from any other source 
to carry out the essential air service program under 49 U.S.C. 
41731 through 41742, $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.  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.
    Sec. 104.  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, That not later than March 31 of each 
fiscal year hereafter, the Administrator of the Federal 
Aviation Administration shall transmit to Congress an annual 
update to the report submitted to Congress in December 2004 
pursuant to section 221 of Public Law 108-176: Provided 
further, That the amount herein appropriated shall be reduced 
by $100,000 for each day after March 31 that such report has 
not been submitted to the Congress: Provided further, That not 
later than March 31 of each fiscal year hereafter, the 
Administrator shall transmit to Congress a companion report 
that describes a comprehensive strategy for staffing, hiring, 
and training flight standards and aircraft certification staff 
in a format similar to the one utilized for the controller 
staffing plan, including stated attrition estimates and 
numerical hiring goals by fiscal year: Provided further, That 
the amount herein appropriated shall be reduced by $100,000 per 
day for each day after March 31 that such report has not been 
submitted to Congress:  Provided further, That funds may be 
used to enter into a grant agreement with a nonprofit standard-
setting organization to assist in the development of aviation 
safety standards: Provided further, That none of the funds in 
this Act shall be available for new applicants for the second 
career training program: Provided further, That none of the 
funds in this Act shall be available for the Federal Aviation 
Administration to finalize or implement any regulation that 
would promulgate new aviation user fees not specifically 
authorized by law after the date of the enactment of this Act: 
Provided further, That there may be credited to this 
appropriation funds received from States, counties, 
municipalities, foreign authorities, other public authorities, 
and private sources, for expenses incurred in the provision of 
agency services, including receipts for the maintenance and 
operation of air navigation facilities, and for issuance, 
renewal or modification of certificates, including airman, 
aircraft, and repair station certificates, or for tests related 
thereto, or for processing major repair or alteration forms: 
Provided further, That of the funds appropriated under this 
heading, not less than $9,500,000 shall be for the contract 
tower cost-sharing program: Provided further, That none of the 
funds in this Act for aeronautical charting and cartography are 
available for activities conducted by, or coordinated through, 
the Working Capital Fund: Provided further, That 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, 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, 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 
programs the obligations for which are in excess of 
$3,515,000,000 in fiscal year 2010, notwithstanding section 
47117(g) of title 49, United States Code: Provided further, 
That none of the funds under this heading shall be available 
for the replacement of baggage conveyor systems, 
reconfiguration of terminal baggage areas, or other airport 
improvements that are necessary to install bulk explosive 
detection systems: Provided further, That notwithstanding any 
other provision of law, of funds limited under this heading, 
not more than $93,422,000 shall be obligated for 
administration, not less than $15,000,000 shall be available 
for the airport cooperative research program, not less than 
$22,472,000 shall be for Airport Technology Research and 
$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,''.
    (b) Section 44303(b) of such title is amended by striking 
``December 31, 2009,'' and inserting ``December 31, 2010,''.
    Sec. 115.  None of the funds appropriated or limited by 
this Act may be used to change weight restrictions or prior 
permission rules at Teterboro airport in Teterboro, New Jersey.
    Sec. 116.  None of the funds limited by this Act for grants 
under the Airport Improvement Program shall be made available 
to the sponsor of a commercial service airport if such sponsor 
fails to agree to a request from the Secretary of 
Transportation for cost-free space in a non-revenue producing, 
public use area of the airport terminal or other airport 
facilities for the purpose of carrying out a public service air 
passenger rights and consumer outreach campaign.
    Sec. 117.  None of the funds in this Act shall be available 
for paying premium pay under 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.  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.

                          FEDERAL-AID HIGHWAYS

                      (limitation on obligations)

                          (highway trust fund)

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

                (liquidation of contract authorization)

                          (highway trust fund)

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

                   SURFACE TRANSPORTATION PRIORITIES

    For the necessary expenses of certain highway and surface 
transportation projects, $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 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. (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, United States Code (other than to programs to which 
        paragraphs (1) and (4) apply), by multiplying the ratio 
        determined under paragraph (3) by the amounts 
        authorized to be appropriated for each such program for 
        such fiscal year; and
            (6) distribute the obligation limitation provided 
        for Federal-aid highways, less the aggregate amounts 
        not distributed under paragraphs (1) and (2) and 
        amounts distributed under paragraphs (4) and (5), for 
        Federal-aid highways and highway safety construction 
        programs (other than the amounts apportioned for the 
        equity bonus program, but only to the extent that the 
        amounts apportioned for the equity bonus program for 
        the fiscal year are greater than $2,639,000,000, and 
        the Appalachian development highway system program) 
        that are apportioned by the Secretary under the Safe, 
        Accountable, Flexible, Efficient Transportation Equity 
        Act: A Legacy for Users and title 23, United States 
        Code, in the ratio that--
                    (A) amounts authorized to be appropriated 
                for such programs that are apportioned to each 
                State for such fiscal year, bear to
                    (B) the total of the amounts authorized to 
                be appropriated for such programs that are 
                apportioned to all States for such fiscal year.
    (b) Exceptions From Obligation Limitation.--The obligation 
limitation for Federal-aid highways shall not apply to 
obligations: (1) under section 125 of title 23, United States 
Code; (2) under section 147 of the Surface Transportation 
Assistance Act of 1978; (3) under section 9 of the Federal-Aid 
Highway Act of 1981; (4) under subsections (b) and (j) of 
section 131 of the Surface Transportation Assistance Act of 
1982; (5) under subsections (b) and (c) of section 149 of the 
Surface Transportation and Uniform Relocation Assistance Act of 
1987; (6) under sections 1103 through 1108 of the Intermodal 
Surface Transportation Efficiency Act of 1991; (7) under 
section 157 of title 23, United States Code, as in effect on 
the day before the date of the enactment of the Transportation 
Equity Act for the 21st Century; (8) under section 105 of title 
23, United States Code, as in effect for fiscal years 1998 
through 2004, but only in an amount equal to $639,000,000 for 
each of those fiscal years; (9) for Federal-aid highway 
programs for which obligation authority was made available 
under the Transportation Equity Act for the 21st Century or 
subsequent public laws for multiple years or to remain 
available until used, but only to the extent that the 
obligation authority has not lapsed or been used; (10) under 
section 105 of title 23, United States Code, but only in an 
amount equal to $639,000,000 for each of fiscal years 2005 
through 2010; and (11) under section 1603 of the Safe, 
Accountable, Flexible, Efficient Transportation Equity Act: A 
Legacy for Users, to the extent that funds obligated in 
accordance with that section were not subject to a limitation 
on obligations at the time at which the funds were initially 
made available for obligation.
    (c) Redistribution of Unused Obligation Authority.--
Notwithstanding subsection (a), the Secretary shall, after 
August 1 of such fiscal year, revise a distribution of the 
obligation limitation made available under subsection (a) if 
the amount distributed cannot be obligated during that fiscal 
year and redistribute sufficient amounts to those States able 
to obligate amounts in addition to those previously distributed 
during that fiscal year, giving priority to those States having 
large unobligated balances of funds apportioned under sections 
104 and 144 of title 23, United States Code.
    (d) Applicability of Obligation Limitations to 
Transportation Research Programs.--The obligation limitation 
shall apply to transportation research programs carried out 
under chapter 5 of title 23, United States Code, and title V 
(research title) of the Safe, Accountable, Flexible, Efficient 
Transportation Equity Act: A Legacy for Users, except that 
obligation authority made available for such programs under 
such limitation shall remain available for a period of 3 fiscal 
years and shall be in addition to the amount of any limitation 
imposed on obligations for Federal-aid highway and highway 
safety construction programs for future fiscal years.
    (e) Redistribution of Certain Authorized Funds.--
            (1) In general.--Not later than 30 days after the 
        date of the distribution of obligation limitation under 
        subsection (a), the Secretary shall distribute to the 
        States any funds that--
                    (A) are authorized to be appropriated for 
                such fiscal year for Federal-aid highways 
                programs; and
                    (B) the Secretary determines will not be 
                allocated to the States, and will not be 
                available for obligation, in such fiscal year 
                due to the imposition of any obligation 
                limitation for such fiscal year.
            (2) Ratio.--Funds shall be distributed under 
        paragraph (1) in the same ratio as the distribution of 
        obligation authority under subsection (a)(6).
            (3) Availability.--Funds distributed under 
        paragraph (1) shall be available for any purposes 
        described in section 133(b) of title 23, United States 
        Code.
    (f) Special Limitation Characteristics.--Obligation 
limitation distributed for a fiscal year under subsection 
(a)(4) for the provision specified in subsection (a)(4) shall--
            (1) remain available until used for obligation of 
        funds for that provision; and
            (2) be in addition to the amount of any limitation 
        imposed on obligations for Federal-aid highway and 
        highway safety construction programs for future fiscal 
        years.
    (g) High Priority Project Flexibility.--
            (1) In general.--Subject to paragraph (2), 
        obligation authority distributed for such fiscal year 
        under subsection (a)(4) for each project numbered 1 
        through 3676 listed in the table contained in section 
        1702 of the Safe, Accountable, Flexible, Efficient 
        Transportation Equity Act: A Legacy for Users may be 
        obligated for any other project in such section in the 
        same State.
            (2) Restoration.--Obligation authority used as 
        described in paragraph (1) shall be restored to the 
        original purpose on the date on which obligation 
        authority is distributed under this section for the 
        next fiscal year following obligation under paragraph 
        (1).
    (h) Limitation on Statutory Construction.--Nothing in this 
section shall be construed to limit the distribution of 
obligation authority under subsection (a)(4)(A) for each of the 
individual projects numbered greater than 3676 listed in the 
table contained in section 1702 of the Safe, Accountable, 
Flexible, Efficient Transportation Equity Act: A Legacy for 
Users.
    Sec. 121.  Notwithstanding 31 U.S.C. 3302, funds received 
by the Bureau of Transportation Statistics from the sale of 
data products, for necessary expenses incurred pursuant to 49 
U.S.C. 111 may be credited to the Federal-aid highways account 
for the purpose of reimbursing the Bureau for such expenses: 
Provided, That such funds shall be subject to the obligation 
limitation for Federal-aid highways and highway safety 
construction.
    Sec. 122.  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, That section 1101(b) of Public Law 109-59 shall apply 
to funds apportioned under this section.
    Sec. 123.  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: 
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. (a) In General.--Except as provided in subsection 
(b), none of the funds made available, limited, or otherwise 
affected by this Act shall be used to approve or otherwise 
authorize the imposition of any toll on any segment of highway 
located on the Federal-aid system in the State of Texas that--
            (1) as of the date of enactment of this Act, is not 
        tolled;
            (2) is constructed with Federal assistance provided 
        under title 23, United States Code; and
            (3) is in actual operation as of the date of 
        enactment of this Act.
    (b) Exceptions.--
            (1) Number of toll lanes.--Subsection (a) shall not 
        apply to any segment of highway on the Federal-aid 
        system described in that subsection that, as of the 
        date on which a toll is imposed on the segment, will 
        have the same number of non-toll lanes as were in 
        existence prior to that date.
            (2) High-occupancy vehicle lanes.--A high-occupancy 
        vehicle lane that is converted to a toll lane shall not 
        be subject to this section, and shall not be considered 
        to be a non-toll lane for purposes of determining 
        whether a highway will have fewer non-toll lanes than 
        prior to the date of imposition of the toll, if--
                    (A) high-occupancy vehicles occupied by the 
                number of passengers specified by the entity 
                operating the toll lane may use the toll lane 
                without paying a toll, unless otherwise 
                specified by the appropriate county, town, 
                municipal or other local government entity, or 
                public toll road or transit authority; or
                    (B) each high-occupancy vehicle lane that 
                was converted to a toll lane was constructed as 
                a temporary lane to be replaced by a toll lane 
                under a plan approved by the appropriate 
                county, town, municipal or other local 
                government entity, or public toll road or 
                transit authority.
    Sec. 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''.
    (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) is amended by striking ``Repair and restore'' and inserting 
``Removal of and enhancements around''.
    Sec. 127.  Item 3923 in the table contained in section 1702 
of the Safe, Accountable, Flexible, Efficient Transportation 
Equity Act: A Legacy for Users (Public Law 109-59) is amended 
by striking ``to 4 lanes from I-10 to West U.S. 90''.
    Sec. 128.  Funds made available for ``Brentwood Boulevard/
SR 4 Improvements, Brentwood, CA'' under section 129 of Public 
Law 110-161 shall be made available for ``John Muir Parkway 
Project, Brentwood, CA''.
    Sec. 129.  The table contained in section 1702 of the Safe, 
Accountable, Flexible, Efficient Transportation Equity Act: A 
Legacy for Users (119 Stat. 1256) is amended in item number 
3138 by striking the project description and inserting 
``Elimination of highway-railway crossings and rehabilitation 
of rail along the KO railroad to Osborne''.
    Sec. 130.  Funds made available for ``City of Tuscaloosa 
Downtown Revitalization Project--University Blvd and Greensboro 
Avenue, AL'' under section 125 of Public Law 111-8 shall be 
made available for ``City of Tuscaloosa Downtown Revitalization 
Project--University Blvd''.
    Sec. 131.  The table contained in section 1702 of the Safe, 
Accountable, Flexible, Efficient Transportation Equity Act: A 
Legacy for Users (119 Stat. 1256) is amended by striking the 
project description for item number 4573 and inserting the 
following: ``Design and construct interchange on I-15 in 
Mesquite''.

              Federal Motor Carrier Safety Administration

              MOTOR CARRIER SAFETY OPERATIONS AND PROGRAMS

                (liquidation of contract authorization)

                      (limitation on obligations)

                          (highway trust fund)

    For payment of obligations incurred in the implementation, 
execution and administration of motor carrier safety operations 
and programs pursuant to section 31104(i) of title 49, United 
States Code, and sections 4127 and 4134 of Public Law 109-59, 
$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, 
That the Federal Motor Carrier Safety Administration shall 
transmit to Congress a report on March 30, 2010, and September 
30, 2010, on the agency's ability to meet its requirement to 
conduct compliance reviews on high-risk carriers.

                      MOTOR CARRIER SAFETY GRANTS

                (liquidation of contract authorization)

                      (limitation on obligations)

                          (highway trust fund)

                         (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.

                 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.  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.

                        NATIONAL DRIVER REGISTER

                (liquidation of contract authorization)

                      (limitation on obligations)

                          (highway trust fund)

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

                 NATIONAL DRIVER REGISTER MODERNIZATION

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

                     HIGHWAY TRAFFIC SAFETY GRANTS

                (liquidation of contract authorization)

                      (limitation on obligations)

                          (highway trust fund)

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

      ADMINISTRATIVE PROVISIONS--NATIONAL HIGHWAY TRAFFIC SAFETY 
                             ADMINISTRATION

                        (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.

       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 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 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: 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, 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, 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, That in addition to the 
provisions of title 49, United States Code, that apply to each 
of the individual programs funded under this heading, 
subsections 24402(a)(2), 24402(f), 24402(i), and 24403(a) and 
(c) of title 49, United States Code, shall also apply to the 
provision of funds provided under this heading: Provided 
further, That a project need not be in a State rail plan 
developed under Chapter 227 of title 49, United States Code, to 
be eligible for assistance under this heading: Provided 
further, That 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, That the Secretary 
shall not make the grants for the third and fourth quarter of 
the fiscal year available to the Corporation until an Inspector 
General who is a member of the Council of the Inspectors 
General on Integrity and Efficiency determines that the 
Corporation and the Corporation's Inspector General have agreed 
upon a set of policies and procedures for interacting with each 
other that are consistent with the letter and the spirit of the 
Inspector General Act of 1978, as amended: Provided further, 
That 1 year after such determination is made, the Council of 
the Inspectors General on Integrity and Efficiency shall 
appoint another member to evaluate the current operational 
independence of the Amtrak Inspector General: Provided further, 
That the Corporation shall reimburse each Inspector General for 
all costs incurred in conducting the determination and the 
evaluation required by the preceding two provisos: Provided 
further, That the amounts available under this paragraph shall 
be available for the Secretary to approve funding to cover 
operating losses for the Corporation only after receiving and 
reviewing a grant request for each specific train route: 
Provided further, That each such grant request shall be 
accompanied by a detailed financial analysis, revenue 
projection, and capital expenditure projection justifying the 
Federal support to the Secretary's satisfaction: Provided 
further, That not later than 60 days after enactment of this 
Act, the Corporation shall transmit to the Secretary, the 
Inspector General of the Department of Transportation, and the 
House and Senate Committees on Appropriations a plan to achieve 
savings through operating efficiencies including, but not 
limited to, modifications to food and beverage service and 
first class service: Provided further, That the Inspector 
General of the Department of Transportation shall provide 
semiannual reports to the House and Senate Committees on 
Appropriations on the estimated savings accrued as a result of 
all operational reforms instituted by the Corporation and 
estimations of possible future savings: Provided further, That 
not later than 60 days after enactment of this Act, the 
Corporation shall transmit, in electronic format, to the 
Secretary, the Inspector General of Department of 
Transportation, the House and Senate Committees on 
Appropriations, the House Committee on Transportation and 
Infrastructure and the Senate Committee on Commerce, Science, 
and Transportation the annual budget and business plan and the 
5-Year Financial Plan for fiscal year 2010 required under 
section 204 of the Passenger Rail Investment and Improvement 
Act of 2008: Provided further, That the 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, 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 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: 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 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 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 the purposes of 49 U.S.C. 20134: Provided, That the 
Secretary shall prescribe guidelines for the administration of 
such purchases and use.
    Sec. 152.  Hereafter, notwithstanding any other provision 
of law, funds provided in this Act for the National Railroad 
Passenger Corporation shall immediately cease to be available 
to said Corporation in the event that the Corporation contracts 
to have services provided at or from any location outside the 
United States. For purposes of this section, the word 
``services'' shall mean any service that was, as of July 1, 
2006, performed by a full-time or part-time Amtrak employee 
whose base of employment is located within the United States.
    Sec. 153.  The Secretary of Transportation may receive and 
expend cash, or receive and utilize spare parts and similar 
items, from non-United States Government sources to repair 
damages to or replace United States Government owned automated 
track inspection cars and equipment as a result of third party 
liability for such damages, and any amounts collected under 
this section shall be credited directly to the Safety and 
Operations account of the Federal Railroad Administration, and 
shall remain available until expended for the repair, operation 
and maintenance of automated track inspection cars and 
equipment in connection with the automated track inspection 
program.
    Sec. 154.  The Administrator of the Federal Railroad 
Administration shall submit a report on April 1, 2010, and 
quarterly reports thereafter, to the House and Senate 
Committees on Appropriations detailing the Administrator's 
efforts at improving the on-time performance of Amtrak 
intercity rail service operating on non-Amtrak owned property. 
Such reports shall compare the most recent actual on-time 
performance data to pre-established on-time performance goals 
that the Administrator shall set for each rail service, 
identified by route. Such reports shall also include whatever 
other information and data regarding the on-time performance of 
Amtrak trains the Administrator deems to be appropriate.
    Sec. 155.  In the Explanatory Statement referenced in 
division I of Public Law 111-8 under the heading Railroad 
Research and Development the item relating to ``San Gabriel 
trench grade separation project, Alameda Corridor, CA'' is 
deemed to be amended by inserting ``Alameda Corridor East 
Construction Authority Grade Separations, CA.''.
    Sec. 156.  In the Explanatory Statement referenced in 
division K of Public Law 110-161 under the heading Rail Line 
Relocation and Improvement Program the item relating to ``Mt. 
Vernon railroad cut, NY'' is deemed to be amended by inserting 
``Rail Line and Station Improvement and Rehabilitation, Mount 
Vernon, NY.''.
    Sec. 157.  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.  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.
    Sec. 159. (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) Development 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) permit Amtrak passengers holding a ticket for a 
specific Amtrak route to place small arms ammunition for 
personal use ina 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 amunt of ammunition; and
      (C) include any other measures needed to ensure the 
safety and security of Amtrak employees, passengers, and 
infrastructure, including--
      (i) requiring inspections of any container that carries a 
fiream or ammunition; and
      (ii) the temporary suspension of firearm carriage service 
if credible intelligence information indicates a threat related 
to the national rail system or specific routes or trains.
      (c) Definitions.--
      (1) For purposes oft his section, the term ``checked 
baggage'' refers to baggage trasported that is accessiable 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 for travel: Provided further, 
That none of the funds provided or limited in this Act may be 
used to create a permanent office of transit security under 
this heading: Provided further, That of the amounts made 
available under this heading not to exceed $75,000 shall be 
paid from appropriations made available by this Act and 
provided to the Department of Transportation Office of 
Inspector General through reimbursement to conduct the annual 
audits of financial statements in accordance with section 3521 
of title 31, United States Code: Provided further, That upon 
submission to the Congress of the fiscal year 2011 President's 
budget, the Secretary of Transportation shall transmit to 
Congress the annual report on new starts, including proposed 
allocations of funds for fiscal year 2011.

                         FORMULA AND BUS GRANTS

                  (liquidation of contract authority)

                      (limitation on obligations)

                          (highway trust fund)

    For payment of obligations incurred in carrying out the 
provisions of 49 U.S.C. 5305, 5307, 5308, 5309, 5310, 5311, 
5316, 5317, 5320, 5335, 5339, and 5340 and section 3038 of 
Public Law 105-178, as amended, $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.

                       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: 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: 
Provided further, That prior to approving such grants, the 
Secretary shall determine that the Washington Metropolitan Area 
Transit Authority has placed the highest priority on those 
investments that will improve the safety of the system, 
including but not limited to fixing the track signal system, 
replacing the 1000 series cars, installing guarded turnouts, 
buying equipment for wayside worker protection, and installing 
rollback protection on cars that are not equipped with this 
safety feature.

       ADMINISTRATIVE PROVISIONS--FEDERAL TRANSIT ADMINISTRATION

    Sec. 160.  The limitations on obligations for the programs 
of the Federal Transit Administration shall not apply to any 
authority under 49 U.S.C. 5338, previously made available for 
obligation, or to any other authority previously made available 
for obligation.
    Sec. 161.  Notwithstanding any other provision of law, 
funds appropriated or limited by this Act under ``Federal 
Transit Administration, Capital Investment Grants'' and for bus 
and bus facilities under ``Federal Transit Administration, 
Formula and Bus Grants'' for projects specified in this Act or 
identified in reports accompanying this Act not obligated by 
September 30, 2012, and other recoveries, shall be directed to 
projects eligible to use the funds for the purposes for which 
they were originally provided.
    Sec. 162.  Notwithstanding any other provision of law, any 
funds appropriated before October 1, 2009, under any section of 
chapter 53 of title 49, United States Code, that remain 
available for expenditure, may be transferred to and 
administered under the most recent appropriation heading for 
any such section.
    Sec. 163.  Notwithstanding any other provision of law, 
unobligated funds made available for new fixed guideway system 
projects under the heading ``Federal Transit Administration, 
Capital investment grants'' in any appropriations Act prior to 
this Act may be used during this fiscal year to satisfy 
expenses incurred for such projects.
    Sec. 164.  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 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.  The Secretary of Transportation shall provide 
recommendations to Congress, including legislative proposals, 
on how to strengthen its role in regulating the safety of 
transit agencies operating heavy rail on fixed guideway: 
Provided, That the Secretary shall include actions the 
Department of Transportation will take and what additional 
legislative authorities it may need in order to fully implement 
recommendations of the National Transportation Safety Board 
directed at the Federal Transit Administration, including but 
not limited to recommendations related to crashworthiness, 
emergency access and egress, event recorders, and hours of 
service: Provided further, That the Secretary shall transmit to 
the House and Senate Committees on Appropriations, 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 
reasonable 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: 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 granted a 60-day period to come into 
compliance with part 604, and then was subsequently granted an 
exception from said part.
    Sec. 173.  Hereafter, for interstate multi-modal projects 
which are in Interstate highway corridors, the Secretary shall 
base the rating under section 5309(d) of title 49, United 
States Code, of the non-New Starts share of the public 
transportation element of the project on the percentage of non-
New Starts funds in the unified finance plan for the multi-
modal project: Provided, That the Secretary shall base the 
accounting of local matching funds on the total amount of all 
local funds incorporated in the unified finance plan for the 
multi-modal project for the purposes of funding under chapter 
53 of title 49, United States Code and title 23, United States 
Code: Provided further, That the Secretary shall evaluate the 
justification for the project under section 5309(d) of title 
49, United States Code, including cost effectiveness, on the 
public transportation costs and public transportation benefits.

             Saint Lawrence Seaway Development Corporation

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

                       OPERATIONS AND MAINTENANCE

                    (harbor maintenance trust fund)

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

                        Maritime Administration

                       MARITIME SECURITY PROGRAM

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

                        OPERATIONS AND TRAINING

    For necessary expenses of operations and training 
activities authorized by law, $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 
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: Provided further, That 50 percent of the funding made 
available for the United States Merchant Marine Academy under 
this heading shall be available only after the Secretary, in 
consultation with the Superintendent and the Maritime 
Administration, completes a plan detailing by program or 
activity and by object class how such funding will be expended 
at the Academy, and this plan is submitted to the House and 
Senate Committees on Appropriations.

                             SHIP DISPOSAL

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

                     ASSISTANCE TO SMALL SHIPYARDS

    To make grants to qualified shipyards as authorized under 
section 3508 of Public Law 110-417 or section 54101 of title 
46, United States Code, $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 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 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 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.  None of the funds in this Act shall be available 
for salaries and expenses of more than 110 political and 
Presidential appointees in the Department of Transportation: 
Provided, That none of the personnel covered by this provision 
may be assigned on temporary detail outside the Department of 
Transportation.
    Sec. 183.  None of the funds in this Act shall be used to 
implement section 404 of title 23, United States Code.
    Sec. 184. (a) No recipient of funds made available in this 
Act shall disseminate personal information (as defined in 18 
U.S.C. 2725(3)) obtained by a State department of motor 
vehicles in connection with a motor vehicle record as defined 
in 18 U.S.C. 2725(1), except as provided in 18 U.S.C. 2721 for 
a use permitted under 18 U.S.C. 2721.
    (b) Notwithstanding subsection (a), the Secretary shall not 
withhold funds provided in this Act for any grantee if a State 
is in noncompliance with this provision.
    Sec. 185.  Funds received by the Federal Highway 
Administration, Federal Transit Administration, and Federal 
Railroad Administration from States, counties, municipalities, 
other public authorities, and private sources for expenses 
incurred for training may be credited respectively to the 
Federal Highway Administration's ``Federal-Aid Highways'' 
account, the Federal Transit Administration's ``Research and 
University Research Centers'' account, and to the Federal 
Railroad Administration's ``Safety and Operations'' account, 
except for State rail safety inspectors participating in 
training pursuant to 49 U.S.C. 20105.
    Sec. 186.  Funds provided or limited in this Act under the 
appropriate accounts within the Federal Highway Administration, 
the Federal Railroad Administration and the Federal Transit 
Administration shall be for the eligible programs, projects and 
activities in the corresponding amounts identified in the 
committee report accompanying this Act for ``Ferry Boats and 
Ferry Terminal Facilities'', ``Federal Lands'', ``Interstate 
Maintenance Discretionary'', ``Transportation, Community and 
System Preservation Program'', ``Delta Region Transportation 
Development Program'', ``Rail Line Relocation and Improvement 
Program'', ``Rail-highway crossing hazard eliminations'', 
``Capital Investment Grants'', ``Alternatives analysis'', and 
``Bus and bus facilities''.
    Sec. 187.  Notwithstanding any other provisions of law, 
rule or regulation, the Secretary of Transportation is 
authorized to allow the issuer of any preferred stock 
heretofore sold to the Department to redeem or repurchase such 
stock upon the payment to the Department of an amount 
determined by the Secretary.
    Sec. 188.  None of the funds in this Act to the Department 
of Transportation may be used to make a grant unless the 
Secretary of Transportation notifies the House and Senate 
Committees on Appropriations not less than 3 full business days 
before any discretionary grant award, letter of intent, or full 
funding grant agreement totaling $1,000,000 or more is 
announced by the department or its modal administrations from: 
(1) any discretionary grant program of the Federal Highway 
Administration including the emergency relief program; (2) the 
airport improvement program of the Federal Aviation 
Administration; (3) any grant from the Federal Railroad 
Administration; or (4) any program of the Federal Transit 
Administration other than the formula grants and fixed guideway 
modernization programs: Provided, That the Secretary gives 
concurrent notification to the House and Senate Committees on 
Appropriations for any ``quick release'' of funds from the 
emergency relief program: Provided further, That no 
notification shall involve funds that are not available for 
obligation.
    Sec. 189.  Rebates, refunds, incentive payments, minor fees 
and other funds received by the Department of Transportation 
from travel management centers, charge card programs, the 
subleasing of building space, and miscellaneous sources are to 
be credited to appropriations of the Department of 
Transportation and allocated to elements of the Department of 
Transportation using fair and equitable criteria and such funds 
shall be available until expended.
    Sec. 190.  Amounts made available in this or any other Act 
that the Secretary determines represent improper payments by 
the Department of Transportation to a third-party contractor 
under a financial assistance award, which are recovered 
pursuant to law, shall be available--
            (1) to reimburse the actual expenses incurred by 
        the Department of Transportation in recovering improper 
        payments; and
            (2) to pay contractors for services provided in 
        recovering improper payments or contractor support in 
        the implementation of the Improper Payments Information 
        Act of 2002: Provided, That amounts in excess of that 
        required for paragraphs (1) and (2)--
                    (A) shall be credited to and merged with 
                the appropriation from which the improper 
                payments were made, and shall be available for 
                the purposes and period for which such 
                appropriations are available; or
                    (B) if no such appropriation remains 
                available, shall be deposited in the Treasury 
                as miscellaneous receipts: Provided further, 
                That prior to the transfer of any such recovery 
                to an appropriations account, the Secretary 
                shall notify to the House and Senate Committees 
                on Appropriations of the amount and reasons for 
                such transfer: Provided further, That for 
                purposes of this section, the term ``improper 
                payments'', has the same meaning as that 
                provided in section 2(d)(2) of Public Law 107-
                300.
    Sec. 191.  Notwithstanding any other provision of law, if 
any funds provided in or limited by this Act are subject to a 
reprogramming action that requires notice to be provided to the 
House and Senate Committees on Appropriations, said 
reprogramming action shall be approved or denied solely by the 
Committees on Appropriations: Provided, That the Secretary may 
provide notice to other congressional committees of the action 
of the Committees on Appropriations on such reprogramming but 
not sooner than 30 days following the date on which the 
reprogramming action has been approved or denied by the House 
and Senate Committees on Appropriations.
    Sec. 192.  None of the funds appropriated or otherwise made 
available under this Act may be used by the Surface 
Transportation Board of the Department of Transportation to 
charge or collect any filing fee for rate complaints filed with 
the Board in an amount in excess of the amount authorized for 
district court civil suit filing fees under section 1914 of 
title 28, United States Code.
    Sec. 193.  Notwithstanding section 3324 of Title 31, United 
States Code, in addition to authority provided by section 327 
of title 49, United States Code, the Department's Working 
Capital fund is hereby authorized to provide payments in 
advance to vendors that are necessary to carry out the Federal 
transit pass transportation fringe benefit program under 
Executive Order 13150 and section 3049 of Public Law 109-59: 
Provided, that the Department shall include adequate safeguards 
in the contract with the vendors to ensure timely and high 
quality performance under the contract.
    Sec. 194. (a) In General.--Section 127(a)(11) of title 23, 
United States Code, is amended by striking ``that portion of 
the Maine Turnpike designated Route 95 and 495, and that 
portion of Interstate Route 95 from the southern terminus of 
the Maine Turnpike to the New Hampshire State line, laws 
(including regulations)'' and inserting ``all portions of the 
Interstate Highway System in the State, laws (including 
regulations)''.
    (b) Period of Effectiveness.--The amendment made by 
subsection (a) shall be in effect during the 1-year period 
beginning on the date of enactment of this Act.
    (c) Reversion.--Effective as of the date that is 366 days 
after the date of enactment of this Act, section 127(a)(11) of 
title 23, United States Code, is amended by striking ``all 
portions of the Interstate Highway System in the State, laws 
(including regulations)'' and inserting ``that portion of the 
Maine Turnpike designated Route 95 and 495, and that portion of 
Interstate Route 95 from the southern terminus of the Maine 
Turnpike to the New Hampshire State line, laws (including 
regulations)''.
    (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.--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 
requirement of this subsection.''
    (e) 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.--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.  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, That 
the Department of Transportation shall provide its analysis and 
recommendations to the U.S. Army Corps of Engineers, the White 
House, and the Congress: Provided further, That $2,000,000 is 
available until expended for such purposes.
    Sec. 196.  Notwithstanding any other provision of law, 
funds made available under section 330 of the Fiscal Year 2002 
Department of Transportation and Related Agencies 
Appropriations Act (Public Law 107-87) for the Las Vegas, 
Nevada Monorail Project, funds made available under section 115 
of the Fiscal Year 2004 Transportation, Treasury and 
Independent Agencies Appropriations Act (Public Law 108-199) 
for the North Las Vegas Intermodal Transit Hub, and funds made 
available for the CATRAIL RTC Rail Project, Nevada in the 
Fiscal Year 2005 Transportation, Treasury, Independent Agencies 
and General Government Appropriations Act (Public Law 108-447), 
as well as any unexpended funds in the Federal Transit 
Administration grant numbers NV-03-0024 and NV-03-0027, shall 
be made available until expended to the Regional Transportation 
Commission of Southern Nevada for bus and bus-related projects 
and bus rapid transit projects: Provided, That the funds made 
available for a project in accordance with this section shall 
be administered under the terms and conditions set forth in 49 
U.S.C. 5307, to the extent applicable.
    This title may be cited as the ``Department of 
Transportation Appropriations Act, 2010''.

                                TITLE II

              DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

                     Management and Administration

                          Executive Direction

    For necessary salaries and expenses for Executive 
Direction, $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, That the Secretary of the 
Department of Housing and Urban Development is authorized to 
transfer funds appropriated for any office funded under this 
heading to any other office funded under this heading following 
the written notification to the House and Senate Committees on 
Appropriations: Provided further, That no appropriation for any 
office shall be increased or decreased by more than 5 percent 
by all such transfers: Provided further, That notice of any 
change in funding greater than 5 percent shall be submitted for 
prior approval to the House and Senate Committees on 
Appropriations: Provided further, That the Secretary shall 
provide the Committees on Appropriations quarterly written 
notification regarding the status of pending congressional 
reports: Provided further, That the Secretary shall provide all 
signed reports required by Congress electronically: Provided 
further, That not to exceed $25,000 of the amount made 
available under this paragraph for the immediate Office of the 
Secretary shall be available for official reception and 
representation expenses as the Secretary may determine.

               ADMINISTRATION, OPERATIONS AND MANAGEMENT

    For necessary salaries and expenses for administration, 
operations and management for the Department of Housing and 
Urban Development, $537,011,000, of which not to exceed 
$76,958,000 shall be available for the personnel compensation 
and benefits of the Office of Administration; not to exceed 
$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, That the Secretary 
of Housing and Urban Development is authorized to transfer 
funds appropriated for any office included in Administration, 
Operations and Management to any other office included in 
Administration, Operations and Management only after such 
transfer has been submitted to, and received prior written 
approval by, the House and Senate Committees on Appropriations: 
Provided further, That no appropriation for any office shall be 
increased or decreased by more than 10 percent by all such 
transfers.

                  Personnel Compensation and Benefits

                       PUBLIC AND INDIAN HOUSING

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

                   COMMUNITY PLANNING AND DEVELOPMENT

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

                                HOUSING

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

         OFFICE OF THE GOVERNMENT NATIONAL MORTGAGE ASSOCIATION

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

                    POLICY DEVELOPMENT AND RESEARCH

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

                   FAIR HOUSING AND EQUAL OPPORTUNITY

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

            OFFICE OF HEALTHY HOMES AND LEAD HAZARD CONTROL

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

                       Public and Indian Housing

                     TENANT-BASED RENTAL ASSISTANCE

                     (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, 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, 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, mandatory and voluntary 
        conversions, and tenant protection assistance including 
        replacement and relocation assistance or for project 
        based assistance to prevent the displacement of 
        unassisted elderly tenants currently residing in 
        section 202 properties financed between 1959 and 1974 
        that are refinanced pursuant to Public Law 106-569, as 
        amended, or under the authority as provided under this 
        Act: Provided, That the Secretary shall 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, That 
        the assistance made available under this paragraph 
        shall continue to remain available for family 
        unification upon turnover: Provided further, That the 
        Secretary of Housing and Urban Development shall make 
        such funding available, notwithstanding section 204 
        (competition provision) of this title, to entities with 
        demonstrated experience and resources for supportive 
        services;
            (6) $75,000,000 for incremental rental voucher 
        assistance for use through a supported housing program 
        administered in conjunction with the Department of 
        Veterans Affairs as authorized under section 8(o)(19) 
        of the United States Housing Act of 1937: Provided, 
        That the Secretary of Housing and Urban Development 
        shall make such funding available, notwithstanding 
        section 204 (competition provision) of this title, to 
        public housing agencies that partner with eligible VA 
        Medical Centers or other entities as designated by the 
        Secretary of the Department of Veterans Affairs, based 
        on geographical need for such assistance as identified 
        by the Secretary of the Department of Veterans Affairs, 
        public housing agency administrative performance, and 
        other factors as specified by the Secretary of Housing 
        and Urban Development in consultation with the 
        Secretary of the Department of Veterans Affairs: 
        Provided further, That the Secretary of Housing and 
        Urban Development may waive, or specify alternative 
        requirements for (in consultation with the Secretary of 
        the Department of Veterans Affairs), any provision of 
        any statute or regulation that the Secretary of Housing 
        and Urban Development administers in connection with 
        the use of funds made available under this paragraph 
        (except for requirements related to fair housing, 
        nondiscrimination, labor standards, and the 
        environment), upon a finding by the Secretary that any 
        such waivers or alternative requirements are necessary 
        for the effective delivery and administration of such 
        voucher assistance: Provided further, That assistance 
        made available under this paragraph shall continue to 
        remain available for homeless veterans upon turn-over.

                        HOUSING CERTIFICATE FUND

    Unobligated balances, including recaptures and carryover, 
remaining from funds appropriated to the Department of Housing 
and Urban Development under this heading, the heading ``Annual 
Contributions for Assisted Housing'' and the heading ``Project-
Based Rental Assistance'', for fiscal year 2010 and prior years 
may be used for renewal of or amendments to section 8 project-
based contracts and for performance-based contract 
administrators, notwithstanding the purposes for which such 
funds were appropriated: Provided, That any obligated balances 
of contract authority from fiscal year 1974 and prior that have 
been terminated shall be cancelled: 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, That for purposes of such 
section 9(j), the term ``obligate'' means, with respect to 
amounts, that the amounts are subject to a binding agreement 
that will result in outlays, immediately or in the future: 
Provided further, That up to $15,345,000 shall be to support 
the ongoing Public Housing Financial and Physical Assessment 
activities of the Real Estate Assessment Center (REAC): 
Provided further, That of the total amount provided under this 
heading, not to exceed $20,000,000 shall be available for the 
Secretary to make grants, notwithstanding section 204 of this 
Act, to public housing agencies for emergency capital needs 
including safety and security measures necessary to address 
crime and drug-related activity as well as needs resulting from 
unforeseen or unpreventable emergencies and natural disasters 
excluding Presidentially declared emergencies and natural 
disasters under the Robert T. Stafford Disaster Relief and 
Emergency Act (42 U.S.C. 5121 et seq.) occurring in fiscal year 
2010: Provided further, That of the 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, 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: 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 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, 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: Provided further, That of the 
amounts made available under this heading, $3,500,000 shall be 
contracted for assistance for a national organization 
representing Native American housing interests for providing 
training and technical assistance to Indian housing authorities 
and tribally designated housing entities as authorized under 
NAHASDA; and $4,250,000 shall be to support the inspection of 
Indian housing units, contract expertise, training, and 
technical assistance in the training, oversight, and management 
of such Indian housing and tenant-based assistance, including 
up to $300,000 for related travel: Provided further, That of 
the amount provided under this heading, $2,000,000 shall be 
made available for the cost of guaranteed notes and other 
obligations, as authorized by title VI of NAHASDA: Provided 
further, That such costs, including the costs of modifying such 
notes and other obligations, shall be as defined in section 502 
of the Congressional Budget Act of 1974, as amended: Provided 
further, That these funds are available to subsidize the total 
principal amount of any notes and other obligations, any part 
of which is to be guaranteed, not to exceed $18,000,000.

                  NATIVE HAWAIIAN HOUSING BLOCK GRANT

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

           INDIAN HOUSING LOAN GUARANTEE FUND PROGRAM ACCOUNT

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

      NATIVE HAWAIIAN HOUSING LOAN GUARANTEE FUND PROGRAM ACCOUNT

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

                   Community Planning and Development

              HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS

    For carrying out the Housing Opportunities for Persons with 
AIDS program, as authorized by the AIDS Housing Opportunity Act 
(42 U.S.C. 12901 et seq.), $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, 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 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: Provided, 
That $100,000,000 shall be for Regional Integrated Planning 
Grants to support the linking of transportation and land use 
planning: Provided further, That not less than $25,000,000 of 
the funding made available for Regional Integrated Planning 
Grants shall be awarded to metropolitan areas of less than 
500,000: Provided further, That $40,000,000 shall be for 
Community Challenge Planning Grants to foster reform and reduce 
barriers to achieve affordable, economically vital, and 
sustainable communities: Provided further, That before funding 
is made available for Regional Integrated Planning Grants or 
Community Challenge Planning Grants, the Secretary, in 
coordination with the Secretary of Transportation, shall submit 
a plan to the House and Senate Committees on Appropriations, 
the Senate Committee on Banking and Urban Affairs, and the 
House Committee on Financial Services establishing grant 
criteria as well as performance measures by which the success 
of grantees will be measured: Provided further, That the 
Secretary will consult with the Secretary of Transportation in 
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: Provided further, That of the amounts made 
available under this heading, $25,000,000 shall be made 
available for the Rural Innovation Fund for grants to Indian 
tribes, State housing finance agencies, State community and/or 
economic development agencies, local rural nonprofits and 
community development corporations to address the problems of 
concentrated rural housing distress and community poverty: 
Provided further, That of the funding made available under the 
previous proviso, 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: 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 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: 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 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.

                        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: 
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: 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: Provided, That 
amounts for project rental assistance contracts are to remain 
available for the liquidation of valid obligations for 10 years 
following the date of such obligation:  Provided further, That, 
of the amount provided under this heading, $87,100,000 shall be 
for amendments or renewal of tenant-based assistance contracts 
entered into prior to fiscal year 2005 (only one amendment 
authorized for any such contract): Provided further, That all 
tenant-based assistance made available under this heading shall 
continue to remain available only to persons with disabilities: 
Provided further, That the Secretary may waive the provisions 
of section 811 governing the terms and conditions of project 
rental assistance and tenant-based assistance, except that the 
initial contract term for such assistance shall not exceed 5 
years in duration: Provided further, That amounts made 
available under this heading shall be available for Real Estate 
Assessment Center inspections and inspection-related activities 
associated with section 811 Capital Advance Projects.

                     Housing Counseling Assistance

    For contracts, grants, and other assistance excluding 
loans, as authorized under section 106 of the Housing and Urban 
Development Act of 1968, as amended, $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.

                            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 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.

                   Fair Housing and Equal Opportunity

                        FAIR HOUSING ACTIVITIES

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

            Office of Lead Hazard Control and Healthy Homes

                         LEAD HAZARD REDUCTION

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

                     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'', ``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: 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: 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: 
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: 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 or in the case of cash, shall be 
remitted to the Treasury, and such amounts of budget authority 
or cash recaptured and not rescission or remitted to the 
Treasury shall be used by State housing finance agencies or 
local governments or local housing agencies with projects 
approved by the Secretary of Housing and Urban Development for 
which settlement occurred after January 1, 1992, in accordance 
with such section. Notwithstanding the previous sentence, the 
Secretary may award up to 15 percent of the budget authority or 
cash recaptured and not rescission or remitted to the Treasury 
to provide project owners with incentives to refinance their 
project at a lower interest rate.
    Sec. 202.  None of the amounts made available under this 
Act may be used during fiscal year 2010 to investigate or 
prosecute under the Fair Housing Act any otherwise lawful 
activity engaged in by one or more persons, including the 
filing or maintaining of a non-frivolous legal action, that is 
engaged in solely for the purpose of achieving or preventing 
action by a Government official or entity, or a court of 
competent jurisdiction.
    Sec. 203. (a) Notwithstanding section 854(c)(1)(A) of the 
AIDS Housing Opportunity Act (42 U.S.C. 12903(c)(1)(A)), from 
any amounts made available under this title for fiscal year 
2010 that are allocated under such section, the Secretary of 
Housing and Urban Development shall allocate and make a grant, 
in the amount determined under subsection (b), for any State 
that--
            (1) received an allocation in a prior fiscal year 
        under clause (ii) of such section; and
            (2) is not otherwise eligible for an allocation for 
        fiscal year 2010 under such clause (ii) because the 
        areas in the State outside of the metropolitan 
        statistical areas that qualify under clause (i) in 
        fiscal year 2010 do not have the number of cases of 
        acquired immunodeficiency syndrome (AIDS) required 
        under such clause.
    (b) The amount of the allocation and grant for any State 
described in subsection (a) shall be an amount based on the 
cumulative number of AIDS cases in the areas of that State that 
are outside of metropolitan statistical areas that qualify 
under clause (i) of such section 854(c)(1)(A) in fiscal year 
2010, in proportion to AIDS cases among cities and States that 
qualify under clauses (i) and (ii) of such section and States 
deemed eligible under subsection (a).
    (c) Notwithstanding any other provision of law, the amount 
allocated for fiscal year 2010 under section 854(c) of the AIDS 
Housing Opportunity Act (42 U.S.C. 12903(c)), to the City of 
New York, New York, on behalf of the New York-Wayne-White 
Plains, New York-New Jersey Metropolitan Division (hereafter 
``metropolitan division'') of the New York-Newark-Edison, NY-
NJ-PA Metropolitan Statistical Area, shall be adjusted by the 
Secretary of Housing and Urban Development by: (1) allocating 
to the City of Jersey City, New Jersey, the proportion of the 
metropolitan area's or division's amount that is based on the 
number of cases of AIDS reported in the portion of the 
metropolitan area or division that is located in Hudson County, 
New Jersey, and adjusting for the proportion of the 
metropolitan division's high incidence bonus if this area in 
New Jersey also has a higher than average per capita incidence 
of AIDS; and (2) allocating to the City of Paterson, New 
Jersey, the proportion of the metropolitan area's or division's 
amount that is based on the number of cases of AIDS reported in 
the portion of the metropolitan area or division that is 
located in Bergen County and Passaic County, New Jersey, and 
adjusting for the proportion of the metropolitan division's 
high incidence bonus if this area in New Jersey also has a 
higher than average per capita incidence of AIDS. The recipient 
cities shall use amounts allocated under this subsection to 
carry out eligible activities under section 855 of the AIDS 
Housing Opportunity Act (42 U.S.C. 12904) in their respective 
portions of the metropolitan division that is located in New 
Jersey.
    (d) Notwithstanding any other provision of law, the amount 
allocated for fiscal year 2010 under section 854(c) of the AIDS 
Housing Opportunity Act (42 U.S.C. 12903(c)) to areas with a 
higher than average per capita incidence of AIDS, shall be 
adjusted by the Secretary on the basis of area incidence 
reported over a 3-year period.
    Sec. 204.  Except as explicitly provided in law, any grant, 
cooperative agreement or other assistance made pursuant to 
title II of this Act shall be made on a competitive basis and 
in accordance with section 102 of the Department of Housing and 
Urban Development Reform Act of 1989 (42 U.S.C. 3545).
    Sec. 205.  Funds of the Department of Housing and Urban 
Development subject to the Government Corporation Control Act 
or section 402 of the Housing Act of 1950 shall be available, 
without regard to the limitations on administrative expenses, 
for legal services on a contract or fee basis, and for 
utilizing and making payment for services and facilities of the 
Federal National Mortgage Association, Government National 
Mortgage Association, Federal Home Loan Mortgage Corporation, 
Federal Financing Bank, Federal Reserve banks or any member 
thereof, Federal Home Loan banks, and any insured bank within 
the meaning of the Federal Deposit Insurance Corporation Act, 
as amended (12 U.S.C. 1811-1).
    Sec. 206.  Unless otherwise provided for in this Act or 
through a reprogramming of funds, no part of any appropriation 
for the Department of Housing and Urban Development shall be 
available for any program, project or activity in excess of 
amounts set forth in the budget estimates submitted to 
Congress.
    Sec. 207.  Corporations and agencies of the Department of 
Housing and Urban Development which are subject to the 
Government Corporation Control Act, are hereby authorized to 
make such expenditures, within the limits of funds and 
borrowing authority available to each such corporation or 
agency and in accordance with law, and to make such contracts 
and commitments without regard to fiscal year limitations as 
provided by section 104 of such Act as may be necessary in 
carrying out the programs set forth in the budget for 2010 for 
such corporation or agency except as hereinafter provided: 
Provided, That collections of these corporations and agencies 
may be used for new loan or mortgage purchase commitments only 
to the extent expressly provided for in this Act (unless such 
loans are in support of other forms of assistance provided for 
in this or prior appropriations Acts), except that this proviso 
shall not apply to the mortgage insurance or guaranty 
operations of these corporations, or where loans or mortgage 
purchases are necessary to protect the financial interest of 
the United States Government.
    Sec. 208.  The Secretary of Housing and Urban Development 
shall provide quarterly reports to the House and Senate 
Committees on Appropriations regarding all uncommitted, 
unobligated, recaptured and excess funds in each program and 
activity within the jurisdiction of the Department and shall 
submit additional, updated budget information to these 
Committees upon request.
    Sec. 209. (a) Notwithstanding any other provision of law, 
the amount allocated for fiscal year 2010 under section 854(c) 
of the AIDS Housing Opportunity Act (42 U.S.C. 12903(c)), to 
the City of Wilmington, Delaware, on behalf of the Wilmington, 
Delaware-Maryland-New Jersey Metropolitan Division (hereafter 
``metropolitan division''), shall be adjusted by the Secretary 
of Housing and Urban Development by allocating to the State of 
New Jersey the proportion of the metropolitan division's amount 
that is based on the number of cases of AIDS reported in the 
portion of the metropolitan division that is located in New 
Jersey, and adjusting for the proportion of the metropolitan 
division's high incidence bonus if this area in New Jersey also 
has a higher than average per capita incidence of AIDS. The 
State of New Jersey shall use amounts allocated to the State 
under this subsection to carry out eligible activities under 
section 855 of the AIDS Housing Opportunity Act (42 U.S.C. 
12904) in the portion of the metropolitan division that is 
located in New Jersey.
    (b) Notwithstanding any other provision of law, the 
Secretary of Housing and Urban Development shall allocate to 
Wake County, North Carolina, the amounts that otherwise would 
be allocated for fiscal year 2010 under section 854(c) of the 
AIDS Housing Opportunity Act (42 U.S.C. 12903(c)) to the City 
of Raleigh, North Carolina, on behalf of the Raleigh-Cary, 
North Carolina Metropolitan Statistical Area. Any amounts 
allocated to Wake County shall be used to carry out eligible 
activities under section 855 of such Act (42 U.S.C. 12904) 
within such metropolitan statistical area.
    (c) Notwithstanding section 854(c) of the AIDS Housing 
Opportunity Act (42 U.S.C. 12903(c)), the Secretary of Housing 
and Urban Development may adjust the allocation of the amounts 
that otherwise would be allocated for fiscal year 2010 under 
section 854(c) of such Act, upon the written request of an 
applicant, in conjunction with the State(s), for a formula 
allocation on behalf of a metropolitan statistical area, to 
designate the State or States in which the metropolitan 
statistical area is located as the eligible grantee(s) of the 
allocation. In the case that a metropolitan statistical area 
involves more than one State, such amounts allocated to each 
State shall be in proportion to the number of cases of AIDS 
reported in the portion of the metropolitan statistical area 
located in that State. Any amounts allocated to a State under 
this section shall be used to carry out eligible activities 
within the portion of the metropolitan statistical area located 
in that State.
    Sec. 210.  The President's formal budget request for fiscal 
year 2011, as well as the Department of Housing and Urban 
Development's congressional budget justifications to be 
submitted to the Committees on Appropriations of the House of 
Representatives and the Senate, shall use the identical account 
and sub-account structure provided under this Act.
    Sec. 211.  A public housing agency or such other entity 
that administers Federal housing assistance for the Housing 
Authority of the county of Los Angeles, California, the States 
of Alaska, Iowa, and Mississippi shall not be required to 
include a resident of public housing or a recipient of 
assistance provided under section 8 of the United States 
Housing Act of 1937 on the board of directors or a similar 
governing board of such agency or entity as required under 
section (2)(b) of such Act. Each public housing agency or other 
entity that administers Federal housing assistance under 
section 8 for the Housing Authority of the county of Los 
Angeles, California and the States of Alaska, Iowa and 
Mississippi that chooses not to include a resident of Public 
Housing or a recipient of section 8 assistance on the board of 
directors or a similar governing board shall establish an 
advisory board of not less than six residents of public housing 
or recipients of section 8 assistance to provide advice and 
comment to the public housing agency or other administering 
entity on issues related to public housing and section 8. Such 
advisory board shall meet not less than quarterly.
    Sec. 212. (a) Notwithstanding any other provision of law, 
subject to the conditions listed in subsection (b), for fiscal 
years 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) The receiving project or projects shall meet or 
        exceed applicable physical standards established by the 
        Secretary.
            (4) The owner or mortgagor of the transferring 
        project shall notify and consult with the tenants 
        residing in the transferring project and provide a 
        certification of approval by all appropriate local 
        governmental officials.
            (5) The tenants of the transferring project who 
        remain eligible for assistance to be provided by the 
        receiving project or projects shall not be required to 
        vacate their units in the transferring project or 
        projects until new units in the receiving project are 
        available for occupancy.
            (6) The Secretary determines that this transfer is 
        in the best interest of the tenants.
            (7) If either the transferring project or the 
        receiving project or projects meets the condition 
        specified in subsection (c)(2)(A), any lien on the 
        receiving project resulting from additional financing 
        obtained by the owner shall be subordinate to any FHA-
        insured mortgage lien transferred to, or placed on, 
        such project by the Secretary.
            (8) If the transferring project meets the 
        requirements of subsection (c)(2)(E), the owner or 
        mortgagor of the receiving project or projects shall 
        execute and record either a continuation of the 
        existing use agreement or a new use agreement for the 
        project where, in either case, any use restrictions in 
        such agreement are of no lesser duration than the 
        existing use restrictions.
            (9) Any financial risk to the FHA General and 
        Special Risk Insurance Fund, as determined by the 
        Secretary, would be reduced as a result of a transfer 
        completed under this section.
            (10) The Secretary determines that Federal 
        liability with regard to this project will not be 
        increased.
    (c) For purposes of this section--
            (1) the terms ``low-income'' and ``very low-
        income'' shall have the meanings provided by the 
        statute and/or regulations governing the program under 
        which the project is insured or assisted;
            (2) the term ``multifamily housing project'' means 
        housing that meets one of the following conditions--
                    (A) housing that is subject to a mortgage 
                insured under the National Housing Act;
                    (B) housing that has project-based 
                assistance attached to the structure including 
                projects undergoing mark to market debt 
                restructuring under the Multifamily Assisted 
                Housing Reform and Affordability Housing Act;
                    (C) housing that is assisted under section 
                202 of the Housing Act of 1959 as amended by 
                section 801 of the Cranston-Gonzales National 
                Affordable Housing Act;
                    (D) housing that is assisted under section 
                202 of the Housing Act of 1959, as such section 
                existed before the enactment of the Cranston-
                Gonzales National Affordable Housing Act; or
                    (E) housing or vacant land that is subject 
                to a use agreement;
            (3) the term ``project-based assistance'' means--
                    (A) assistance provided under section 8(b) 
                of the United States Housing Act of 1937;
                    (B) assistance for housing constructed or 
                substantially rehabilitated pursuant to 
                assistance provided under section 8(b)(2) of 
                such Act (as such section existed immediately 
                before October 1, 1983);
                    (C) rent supplement payments under section 
                101 of the Housing and Urban Development Act of 
                1965;
                    (D) interest reduction payments under 
                section 236 and/or additional assistance 
                payments under section 236(f)(2) of the 
                National Housing Act; and
                    (E) assistance payments made under section 
                202(c)(2) of the Housing Act of 1959;
            (4) the term ``receiving project or projects'' 
        means the multifamily housing project or projects to 
        which some or all of the project-based assistance, 
        debt, and statutorily required use low-income and very 
        low-income restrictions are to be transferred;
            (5) the term ``transferring project'' means the 
        multifamily housing project which is transferring some 
        or all of the project-based assistance, debt and the 
        statutorily required low-income and very low-income use 
        restrictions to the receiving project or projects; and
            (6) the term ``Secretary'' means the Secretary of 
        Housing and Urban Development.
    Sec. 213.  The funds made available for Native Alaskans 
under the heading ``Native American Housing Block Grants'' in 
title III of this Act shall be allocated to the same Native 
Alaskan housing block grant recipients that received funds in 
fiscal year 2005.
    Sec. 214.  No funds provided under this title may be used 
for an audit of the Government National Mortgage Association 
that makes applicable requirements under the Federal Credit 
Reform Act of 1990 (2 U.S.C. 661 et seq.).
    Sec. 215. (a) No assistance shall be provided under section 
8 of the United States Housing Act of 1937 (42 U.S.C. 1437f) to 
any individual who--
            (1) is enrolled as a student at an institution of 
        higher education (as defined under section 102 of the 
        Higher Education Act of 1965 (20 U.S.C. 1002));
            (2) is under 24 years of age;
            (3) is not a veteran;
            (4) is unmarried;
            (5) does not have a dependent child;
            (6) is not a person with disabilities, as such term 
        is defined in section 3(b)(3)(E) of the United States 
        Housing Act of 1937 (42 U.S.C. 1437a(b)(3)(E)) and was 
        not receiving assistance under such section 8 as of 
        November 30, 2005; and
            (7) is not otherwise individually eligible, or has 
        parents who, individually or jointly, are not eligible, 
        to receive assistance under section 8 of the United 
        States Housing Act of 1937 (42 U.S.C. 1437f).
    (b) For purposes of determining the eligibility of a person 
to receive assistance under section 8 of the United States 
Housing Act of 1937 (42 U.S.C. 1437f), any financial assistance 
(in excess of amounts received for tuition) that an individual 
receives under the Higher Education Act of 1965 (20 U.S.C. 1001 
et seq.), from private sources, or an institution of higher 
education (as defined under the Higher Education Act of 1965 
(20 U.S.C. 1002)), shall be considered income to that 
individual, except for a person over the age of 23 with 
dependent children.
    Sec. 216.  Notwithstanding the limitation in the first 
sentence of section 255(g) of the National Housing Act (12 
U.S.C. 1715z-g)), the Secretary of Housing and Urban 
Development may, until September 30, 2010, insure and enter 
into commitments to insure mortgages under section 255(g) of 
the National Housing Act (12 U.S.C. 1715z-20).
    Sec. 217.  Notwithstanding any other provision of law, in 
fiscal year 2010, in managing and disposing of any multifamily 
property that is owned or has a mortgage held by the Secretary 
of Housing and Urban Development, the Secretary shall maintain 
any rental assistance payments under section 8 of the United 
States Housing Act of 1937 and other programs that are attached 
to any dwelling units in the property. To the extent the 
Secretary determines, in consultation with the tenants and the 
local government, that such a multifamily property owned or 
held by the Secretary is not feasible for continued rental 
assistance payments under such section 8 or other programs, 
based on consideration of (1) the costs of rehabilitating and 
operating the property and all available Federal, State, and 
local resources, including rent adjustments under section 524 
of the Multifamily Assisted Housing Reform and Affordability 
Act of 1997 (``MAHRAA'') and (2) environmental conditions that 
cannot be remedied in a cost-effective fashion, the Secretary 
may, in consultation with the tenants of that property, 
contract for project-based rental assistance payments with an 
owner or owners of other existing housing properties, or 
provide other rental assistance. The Secretary shall also take 
appropriate steps to ensure that project-based contracts remain 
in effect prior to foreclosure, subject to the exercise of 
contractual abatement remedies to assist relocation of tenants 
for imminent major threats to health and safety. After 
disposition of any multifamily property described under this 
section, the contract and allowable rent levels on such 
properties shall be subject to the requirements under section 
524 of MAHRAA.
    Sec. 218.  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.  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) 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.''.
    Sec. 223.  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.  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.  No official or employee of the Department of 
Housing and Urban Development shall be designated as an 
allotment holder unless the Office of the Chief Financial 
Officer has determined that such allotment holder has 
implemented an adequate system of funds control and has 
received training in funds control procedures and directives. 
The Chief Financial Officer shall ensure that, not later than 
90 days after the date of enactment of this Act, a trained 
allotment holder shall be designated for each HUD subaccount 
under the headings ``Executive Direction'' and heading 
``Administration, Operations, and Management'' as well as each 
account receiving appropriations for ``personnel compensation 
and benefits'' within the Department of Housing and Urban 
Development.
    Sec. 226.  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.
    Sec. 228.  The Secretary of the Department of Housing and 
Urban Development shall for Fiscal Year 2010 and subsequent 
fiscal years, notify the public through the Federal Register 
and other means, as determined appropriate, of the issuance of 
a notice of the availability of assistance or notice of funding 
availability (NOFA) for any program or discretionary fund 
administered by the Secretary that is to be competitively 
awarded. Notwithstanding any other provision of law, for Fiscal 
Year 2010 and subsequent fiscal years, the Secretary may make 
the NOFA available only on the Internet at the appropriate 
government website or websites or through other electronic 
media, as determined by the Secretary.
    Sec. 229. (a) Approval of Prepayment of Debt.--Upon request 
of the project sponsor of a project assisted with a loan under 
section 202 of the Housing Act of 1959 (as in effect before the 
enactment of the Cranston-Gonzalez National Affordable Housing 
Act), for which the Secretary's consent to prepayment is 
required, the Secretary shall approve the prepayment of any 
indebtedness to the Secretary relating to any remaining 
principal and interest under the loan as part of a prepayment 
plan under which--
            (1) the project sponsor agrees to operate the 
        project until the maturity date of the original loan 
        under terms at least as advantageous to existing and 
        future tenants as the terms required by the original 
        loan agreement or any project-based rental assistance 
        payments contract under section 8 of the United States 
        Housing Act of 1937 (or any other project-based rental 
        housing assistance programs of the Department of 
        Housing and Urban Development, including the rent 
        supplement program under section 101 of the Housing and 
        Urban Development Act of 1965 (12 U.S.C. 1701s)) or any 
        successor project-based rental assistance program, 
        except as provided by subsection (a)(2)(B); and
            (2) the prepayment may involve refinancing of the 
        loan if such refinancing results--
                    (A) in a lower interest rate on the 
                principal of the loan for the project and in 
                reductions in debt service related to such 
                loan; or
                    (B) in the case of a project that is 
                assisted with a loan under such section 202 
                carrying an interest rate of 6 percent or 
                lower, a transaction under which--
                            (i) the project owner shall address 
                        the physical needs of the project;
                            (ii) the prepayment plan for the 
                        transaction, including the refinancing, 
                        shall meet a cost benefit analysis, as 
                        established by the Secretary, that the 
                        benefit of the transaction outweighs 
                        the cost of the transaction including 
                        any increases in rent charged to 
                        unassisted tenants;
                            (iii) the overall cost for 
                        providing rental assistance under 
                        section 8 for the project (if any) is 
                        not increased, except, upon approval by 
                        the Secretary to--
                                    (I) mark-up-to-market 
                                contracts pursuant to section 
                                524(a)(3) of the Multifamily 
                                Assisted Housing Reform and 
                                Affordability Act (42 U.S.C. 
                                1437f note), as such section is 
                                carried out by the Secretary 
                                for properties owned by 
                                nonprofit organizations; or
                                    (II) mark-up-to-budget 
                                contracts pursuant to section 
                                524(a)(4) of the Multifamily 
                                Assisted Housing Reform and 
                                Affordability Act (42 U.S.C. 
                                1437f note), as such section is 
                                carried out by the Secretary 
                                for properties owned by 
                                eligible owners (as such term 
                                is defined in section 202(k) of 
                                the Housing Act of 1959 (12 
                                U.S.C. 1701q(k));
                            (iv) the project owner may charge 
                        tenants rent sufficient to meet debt 
                        service payments and operating cost 
                        requirements, as approved by the 
                        Secretary, if project-based rental 
                        assistance is not available or is 
                        insufficient for the debt service and 
                        operating cost of the project after 
                        refinancing. Such approval by the 
                        Secretary--
                                    (I) shall be the basis for 
                                the owner to agree to terminate 
                                the project-based rental 
                                assistance contract that is 
                                insufficient for the debt 
                                service and operating cost of 
                                the project after refinancing; 
                                and
                                    (II) shall be an 
                                eligibility event for the 
                                project for purposes of section 
                                8(t) of the United States 
                                Housing Act of 1937 (42 U.S.C. 
                                1437f(t));
                            (v) units to be occupied by tenants 
                        assisted under section 8(t) of the 
                        United States Housing Act of 1937 (42 
                        U.S.C. 1437f(t)) shall, upon 
                        termination of the occupancy of such 
                        tenants, become eligible for project-
                        based assistance under section 8(o)(13) 
                        of the United States Housing Act of 
                        1937 (42 U.S.C. 1437f(o)(13)) without 
                        regard to the percentage limitations 
                        provided in such section; and
                            (vi) there shall be a use agreement 
                        of 20 years from the date of the 
                        maturity date of the original 202 loan 
                        for all units, including units to be 
                        occupied by tenants assisted under 
                        section 8(t) of the United States 
                        Housing Act of 1937 (42 U.S.C. 
                        1437f(t)).
    Sec. 230.  No property identified by the Secretary of 
Housing and Urban Development as surplus Federal property for 
use to assist the homeless shall be made available to any 
homeless group unless the group is a member in good standing 
under any of HUD's homeless assistance programs or is in good 
standing with any other program which receives funds from any 
other Federal or State agency or entity: Provided, That an 
exception may be made for an entity not involved with Federal 
homeless programs to use surplus Federal property for the 
homeless only after the Secretary or another responsible 
Federal agency has fully and comprehensively reviewed all 
relevant finances of the entity, the track record of the entity 
in assisting the homeless, the ability of the entity to manage 
the property, including all costs, the ability of the entity to 
administer homeless programs in a manner that is effective to 
meet the needs of the homeless population that is expected to 
use the property and any other related issues that demonstrate 
a commitment to assist the homeless: Provided further, That the 
Secretary shall not require the entity to have cash in hand in 
order to demonstrate financial ability but may rely on the 
entity's prior demonstrated fundraising ability or commitments 
for in-kind donations of goods and services: Provided further, 
That the Secretary shall make all such information and its 
decision regarding the award of the surplus property available 
to the committees of jurisdiction, including a full 
justification of the appropriateness of the use of the property 
to assist the homeless as well as the appropriateness of the 
group seeking to obtain the property to use such property to 
assist the homeless: Provided further, That, this section shall 
apply to properties in fiscal years 2009 and 2010 made 
available as surplus Federal property for use to assist the 
homeless.
    Sec. 231.  The Secretary of the Department of Housing and 
Urban Development is authorized to transfer up to 5 percent of 
funds appropriated for any account under this title under the 
heading ``Personnel Compensation and Benefits'' to any other 
account under this title under the heading ``Personnel 
Compensation and Benefits'' only after such transfer has been 
submitted to, and received prior written approval by, the House 
and Senate Committees on Appropriations: Provided, That, no 
appropriation for any such account shall be increased or 
decreased by more than 10 percent by all such transfers.
    Sec. 232.  The 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. 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.--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.
    (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.

                National Railroad Passenger Corporation

                      office of inspector general

                         SALARIES AND EXPENSES

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

                  National Transportation Safety Board

                         SALARIES AND EXPENSES

    For necessary expenses of the National Transportation 
Safety Board, including hire of passenger motor vehicles and 
aircraft; services as authorized by 5 U.S.C. 3109, but at rates 
for individuals not to exceed the per diem rate equivalent to 
the rate for a GS-15; uniforms, or allowances therefor, as 
authorized by law (5 U.S.C. 5901-5902) $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: 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 the Neighborhood Reinvestment Corporation Act (42 U.S.C. 
8101-8107), $133,000,000, of which $5,000,000 shall be for a 
multi-family rental housing program: Provided, That section 
605(a) of the Neighborhood Reinvestment Corporation Act (42 
U.S.C. 8104) is amended by adding at the end of the first 
sentence, prior to the period, ``, except that the board-
appointed officers may be paid salary at a rate not to exceed 
level II of the Executive Schedule'': Provided further, That in 
addition, $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: Provided further, That in addition, 
$65,000,000 shall be made available until expended to the 
Neighborhood Reinvestment Corporation for mortgage foreclosure 
mitigation activities, under the following terms and 
conditions:
            (1) The Neighborhood Reinvestment Corporation 
        (``NRC''), shall make grants to counseling 
        intermediaries approved by the Department of Housing 
        and Urban Development (HUD) (with match to be 
        determined by the NRC based on affordability and the 
        economic conditions of an area; a match also may be 
        waived by the NRC based on the aforementioned 
        conditions) to provide mortgage foreclosure mitigation 
        assistance primarily to States and areas with high 
        rates of defaults and foreclosures to help eliminate 
        the default and foreclosure of mortgages of owner-
        occupied single-family homes that are at risk of such 
        foreclosure. Other than areas with high rates of 
        defaults and foreclosures, grants may also be provided 
        to approved counseling intermediaries based on a 
        geographic analysis of the Nation by the NRC which 
        determines where there is a prevalence of mortgages 
        that are risky and likely to fail, including any trends 
        for mortgages that are likely to default and face 
        foreclosure. A State Housing Finance Agency may also be 
        eligible where the State Housing Finance Agency meets 
        all the requirements under this paragraph. A HUD-
        approved counseling intermediary shall meet certain 
        mortgage foreclosure mitigation assistance counseling 
        requirements, as determined by the NRC, and shall be 
        approved by HUD or the NRC as meeting these 
        requirements.
            (2) Mortgage foreclosure mitigation assistance 
        shall only be made available to homeowners of owner-
        occupied homes with mortgages in default or in danger 
        of default. These mortgages shall likely be subject to 
        a foreclosure action and homeowners will be provided 
        such assistance that shall consist of activities that 
        are likely to prevent foreclosures and result in the 
        long-term affordability of the mortgage retained 
        pursuant to such activity or another positive outcome 
        for the homeowner. No funds made available under this 
        paragraph may be provided directly to lenders or 
        homeowners to discharge outstanding mortgage balances 
        or for any other direct debt reduction payments.
            (3) The use of Mortgage Foreclosure Mitigation 
        Assistance by approved counseling intermediaries and 
        State Housing Finance Agencies shall involve a 
        reasonable analysis of the borrower's financial 
        situation, an evaluation of the current value of the 
        property that is subject to the mortgage, counseling 
        regarding the assumption of the mortgage by another 
        non-Federal party, counseling regarding the possible 
        purchase of the mortgage by a non-Federal third party, 
        counseling and advice of all likely restructuring and 
        refinancing strategies or the approval of a work-out 
        strategy by all interested parties.
            (4) NRC may provide up to 15 percent of the total 
        funds under this paragraph to its own charter members 
        with expertise in foreclosure prevention counseling, 
        subject to a certification by the NRC that the 
        procedures for selection do not consist of any 
        procedures or activities that could be construed as an 
        unacceptable conflict of interest or have the 
        appearance of impropriety.
            (5) HUD-approved counseling entities and State 
        Housing Finance Agencies receiving funds under this 
        paragraph shall have demonstrated experience in 
        successfully working with financial institutions as 
        well as borrowers facing default, delinquency and 
        foreclosure as well as documented counseling capacity, 
        outreach capacity, past successful performance and 
        positive outcomes with documented counseling plans 
        (including post mortgage foreclosure mitigation 
        counseling), loan workout agreements and loan 
        modification agreements. NRC may use other criteria to 
        demonstrate capacity in underserved areas.
            (6) Of the total amount made available under this 
        paragraph, up to $3,000,000 may be made available to 
        build the mortgage foreclosure and default mitigation 
        counseling capacity of counseling intermediaries 
        through NRC training courses with HUD-approved 
        counseling intermediaries and their partners, except 
        that private financial institutions that participate in 
        NRC training shall pay market rates for such training.
            (7) Of the total amount made available under this 
        paragraph, up to 4 percent may be used for associated 
        administrative expenses for the NRC to carry out 
        activities provided under this section.
            (8) Mortgage foreclosure mitigation assistance 
        grants may include a budget for outreach and 
        advertising, and training, as determined by the NRC.
            (9) The NRC shall continue to report bi-annually to 
        the House and Senate Committees on Appropriations as 
        well as the Senate Banking Committee and House 
        Financial Services Committee on its efforts to mitigate 
        mortgage default.

           United States Interagency Council on Homelessness

                           OPERATING EXPENSES

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

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

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

                                TITLE I

                         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, 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: 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: 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: 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.

                  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: 
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 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, 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 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: 
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.

            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, 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 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: 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, 
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 
$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, 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: 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 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, 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. 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.  With the consent of the President, the Secretary 
of Commerce shall represent the United States Government in 
negotiating and monitoring international agreements regarding 
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

                         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 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 $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 $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 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 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.

          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: 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 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: 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 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 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;
            (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--
            (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 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;
            (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 
        Improvement 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 (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 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 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: Provided further, That 
notwithstanding section 205 of this Act, upon a determination 
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 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 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 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 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.
    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 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 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 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: 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'', ``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 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) 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 language proficiency pay awards for the Federal 
                    Bureau of Investigation

    ``The Director 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.''.
    (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 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 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

                                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 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.

                          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: 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 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.
    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 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.

                     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''.

                                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: 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.

                       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): 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: 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: 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.

                        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 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) 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 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, 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 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 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. 510.  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.
    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 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 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 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) 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 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) 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 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 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 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.
    Sec. 518.  None 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 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) 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 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 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 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 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, 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 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 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.
    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 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 50 employees from a Federal department or agency at any 
single conference occurring outside the United States.
    Sec. 532. (a) 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 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 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 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 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 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) 
is amended by striking paragraph (13).
    Sec. 534.  None 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) 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--
            (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 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 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''.

  DIVISION C FINANCIAL 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: 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 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 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 
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 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 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: 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 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: 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.

               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 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 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.
    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 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

    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, 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: 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 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: 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 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.

                       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: 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 the Director of the Office of Management and Budget shall 
notify the appropriate authorizing and appropriating committees 
when the 60-day review is initiated: 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.

                 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: 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: 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 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 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: 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 
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 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: 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 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 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 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: 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

                             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.

                    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 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 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 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 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 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). 
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

                          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 as 
may be authorized: 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 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: 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 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: 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: 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 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: 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 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.

 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: 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: 
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 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 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 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.

                   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 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: 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: 
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 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.

                   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).

                    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.
            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: 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: 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: 
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 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: 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 
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: 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.

                           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: 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 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: 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 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.
    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 
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: 
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.

        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 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.

      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: 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 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 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 deems such action to be 
necessary in the interest of national defense: Provided 
further, That 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.

                     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.

        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 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: 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.

                      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 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 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: 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 the report shall include: (1) a 
table for each appropriation with a separate column to display 
the President's budget request, adjustments made by Congress, 
adjustments due to enacted rescissions, if appropriate, and the 
fiscal year enacted level; (2) a delineation in the table for 
each appropriation both by object class and program, project, 
and activity as detailed in the budget appendix for the 
respective appropriation; and (3) an identification of items of 
special congressional interest: Provided further, That the 
amount appropriated or limited for salaries and expenses for an 
agency shall be reduced by $100,000 per day for each day after 
the required date that the report has not been submitted to the 
Congress.
    Sec. 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: 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--
            (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 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 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.
    Sec. 618.  From 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 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) is amended to read as follows:
            ``(1) In general.--
                    ``(A) U.S. reservation 13.--On the 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 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 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 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 officers and employees of such 
department, agency, or instrumentality.
    Sec. 702.  Unless 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 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: 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: 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 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 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) 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 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 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 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 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 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. 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 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, 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 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.

                          (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: 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 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: 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: 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--
            (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 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) 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 in this section shall be construed to require 
coverage of abortion or abortion-related services.
    Sec. 729.  The 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 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) 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 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 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. 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. 
Such transfers or reimbursements shall begin within 30 days of 
enactment of this Act.
    Sec. 735.  None 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 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 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 lacks a credit history. 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 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 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 shall waive 
        subsection (a) with respect to any Federal Government 
        contract under the 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 repealed.
    (b) Hereafter, 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) 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.
                    (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 the inventory available to the public; and
            (2) publish in the Federal Register a notice that 
        the inventory is available to the public.
    (d) Government-Wide Inventory Report.--Not later 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
            (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 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.
    (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) 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). 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 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 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 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 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 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. 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. 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.

                               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) 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 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.
    Sec. 806.  Consistent 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) 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 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 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.
    Sec. 812.  The 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 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 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) 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 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 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 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 LABOR, HEALTH AND HUMAN SERVICES, AND 
        EDUCATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2010

                                TITLE I

                          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 
                $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 shall be available for 
                the period July 1, 2010 through June 30, 2011; 
                and
                    (E) $102,500,000 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: 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 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: 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: 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 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 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 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 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: 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: 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 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 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 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.

    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 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: 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 who is engaged in a farming 
operation which does not maintain a temporary 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 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, and may utilize such sums for such 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 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 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, 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.

                      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 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 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 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.
    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 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. 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''.

                                TITLE II

                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 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 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 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 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 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 
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 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 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 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.

  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.

                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: 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) $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 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 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 
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.

                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 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 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: 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, 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 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 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 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: 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, $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.
    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 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 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 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 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 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 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 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 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 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 of State in section 2(c) of the State 
        Department Basic Authorities Act of 1956. The 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 procedures 
shall apply to such 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 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 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

                        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 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, 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, 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 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.

                            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: 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 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 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: 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 
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.

            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, 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 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.

                       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 the Secretary of Education shall identify these 
scholarships as ``Erma Byrd Scholarships'': 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 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 
Postsecondary 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 
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 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 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 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 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 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 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.''.
    Sec. 308.  Section 307 of the Departments of Labor, Health 
and Human Services, and Education, and Related Agencies 
Appropriations Act, 2008 is amended by striking ``and 2009'' 
each place the term occurs and inserting ``through 2011''.
    Sec. 309.  Section 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) 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 
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 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 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 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, 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 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.

               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.

                     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.

          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 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: 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 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 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 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 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 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 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) 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) 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 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 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) 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) 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 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 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 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 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 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) 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 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) 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) 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 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.
    Sec. 519.  The 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 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 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 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 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) 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 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 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 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 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--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: Provided, That of this amount, 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 
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, 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: 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 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 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: 
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: 
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 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: 
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:  
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: 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, 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.

                  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 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, 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 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, 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.

                   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 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 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 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 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 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.
    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 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 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 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 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 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 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.
    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) 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 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 with, and to be available for the same purposes and 
the same time period as that account.

                     (including transfer of funds)

    Sec. 120.  Subject 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) 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. 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 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: 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: 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 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, or environmental quality: 
Provided, That 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 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 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: 
``Mil