[111th Congress Public Law 117]
[From the U.S. Government Printing Office]
[[Page 3033]]
CONSOLIDATED APPROPRIATIONS ACT, 2010
[[Page 123 STAT. 3034]]
Public Law 111-117
111th Congress
An Act
Making appropriations for the Departments of Transportation, and
Housing and Urban Development, and related agencies for the fiscal year
ending September 30, 2010, and for other purposes. <<NOTE: Dec. 16,
2009 - [H.R. 3288]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Consolidated
Appropriations Act, 2010.>>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Consolidated Appropriations Act,
2010''.
SEC. 2. TABLE OF CONTENTS.
The table of contents of this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. References.
Sec. 4. Statement of appropriations.
DIVISION A--TRANSPORTATION, HOUSING AND URBAN DEVELOPMENT, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2010
Title I--Department of Transportation
Title II--Department of Housing and Urban Development
Title III--Related agencies
Title IV--General provisions--This Act
DIVISION B--COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES
APPROPRIATIONS ACT, 2010
Title I--Department of Commerce
Title II--Department of Justice
Title III--Science
Title IV--Related agencies
Title V--General provisions
DIVISION C--FINANCIAL SERVICES AND GENERAL GOVERNMENT APPROPRIATIONS
ACT, 2010
Title I--Department of the Treasury
Title II--Executive Office of the President and funds
appropriated to the President
Title III--The judiciary
Title IV--District of Columbia
Title V--Independent agencies
Title VI--General provisions--This Act
Title VII--General provisions--Government-wide
Title VIII--General provisions--District of Columbia
DIVISION D--DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES, AND
EDUCATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2010
Title I--Department of Labor
Title II--Department of Health and Human Services
Title III--Department of Education
Title IV--Related agencies
[[Page 123 STAT. 3035]]
Title V--General provisions
DIVISION E--MILITARY CONSTRUCTION AND VETERANS AFFAIRS AND RELATED
AGENCIES APPROPRIATIONS ACT, 2010
Title I--Department of Defense
Title II--Department of Veterans Affairs
Title III--Related agencies
Title IV--Overseas contingency operations
Title V--General provisions
DIVISION F--DEPARTMENT OF STATE, FOREIGN OPERATIONS, AND RELATED
PROGRAMS APPROPRIATIONS ACT, 2010
Title I--Department of State and related agency
Title II--United States Agency for International Development
Title III--Bilateral economic assistance
Title IV--International security assistance
Title V--Multilateral assistance
Title VI--Export and investment assistance
Title VII--General provisions
SEC. 3. <<NOTE: 1 USC 1 note.>> REFERENCES.
Except as expressly provided otherwise, any reference to ``this
Act'' contained in any division of this Act shall be treated as
referring only to the provisions of that division.
SEC. 4. STATEMENT OF APPROPRIATIONS.
The following sums in this Act are appropriated, out of any money in
the Treasury not otherwise appropriated, for the fiscal year ending
September 30, 2010.
DIVISION A <<NOTE: Transportation, Housing and Urban Development, and
Related Agencies Appropriations Act, 2010.>> --TRANSPORTATION, HOUSING
AND URBAN DEVELOPMENT, AND RELATED AGENCIES APPROPRIATIONS ACT, 2010
TITLE I <<NOTE: Department of Transportation Appropriations Act,
2010.>>
DEPARTMENT OF TRANSPORTATION
Office of the Secretary
salaries and expenses
For necessary expenses of the Office of the Secretary, $102,686,000,
of which not to exceed $2,631,000 shall be available for the immediate
Office of the Secretary; not to exceed $986,000 shall be available for
the immediate Office of the Deputy Secretary; not to exceed $20,359,000
shall be available for the Office of the General Counsel; not to exceed
$11,100,000 shall be available for the Office of the Under Secretary of
Transportation for Policy; not to exceed $10,559,000 shall be available
for the Office of the Assistant Secretary for Budget and Programs; not
to exceed $2,504,000 shall be available for the Office of the Assistant
Secretary for Governmental Affairs; not to exceed $25,520,000 shall be
available for the Office of the Assistant Secretary for Administration;
not to exceed $2,055,000 shall be available for the Office of Public
Affairs; not to exceed $1,658,000 shall be available for the Office of
the Executive Secretariat; not to exceed $1,499,000 shall be available
for the Office of Small and Disadvantaged Business Utilization; not to
exceed $10,600,000 for the Office of Intelligence, Security, and
Emergency Response; and not to exceed $13,215,000 shall be available for
the Office of the Chief Information
[[Page 123 STAT. 3036]]
Officer: <<NOTE: Transfer authority.>> Provided, That the Secretary of
Transportation is authorized to transfer funds appropriated for any
office of the Office of the Secretary to any other office of the Office
of the Secretary: Provided further, That no appropriation for any office
shall be increased or decreased by more than 5 percent by all such
transfers: <<NOTE: Notification.>> Provided further, That notice of any
change in funding greater than 5 percent shall be submitted for approval
to the House and Senate Committees on Appropriations: Provided further,
That not to exceed $60,000 shall be for allocation within the Department
for official reception and representation expenses as the Secretary may
determine: Provided further, That notwithstanding any other provision of
law, excluding fees authorized in Public Law 107-71, there may be
credited to this appropriation up to $2,500,000 in funds received in
user fees: Provided further, That none of the funds provided in this Act
shall be available for the position of Assistant Secretary for Public
Affairs.
national infrastructure investments
For capital investments in surface transportation infrastructure,
$600,000,000, to remain available through September 30, 2012:
Provided, <<NOTE: Grants.>> That the Secretary of Transportation shall
distribute funds provided under this heading as discretionary grants to
be awarded to a State, local government, transit agency, or a
collaboration among such entities on a competitive basis for projects
that will have a significant impact on the Nation, a metropolitan area,
or a region: Provided further, That projects eligible for funding
provided under this heading shall include, but not be limited to,
highway or bridge projects eligible under title 23, United States Code;
public transportation projects eligible under chapter 53 of title 49,
United States Code; passenger and freight rail transportation projects;
and port infrastructure investments: Provided further, That in
distributing funds provided under this heading, the Secretary shall take
such measures so as to ensure an equitable geographic distribution of
funds, an appropriate balance in addressing the needs of urban and rural
areas, and the investment in a variety of transportation
modes: <<NOTE: Grants.>> Provided further, That a grant funded under
this heading shall be not less than $10,000,000 and not greater than
$200,000,000: Provided further, That not more than 25 percent of the
funds made available under this heading may be awarded to projects in a
single State: Provided further, That the Federal share of the costs for
which an expenditure is made under this heading shall be, at the option
of the recipient, up to 80 percent: Provided further, That the Secretary
shall give priority to projects that require a contribution of Federal
funds in order to complete an overall financing package: Provided
further, That not less than $140,000,000 of the funds provided under
this heading shall be for projects located in rural areas: Provided
further, That for projects located in rural areas, the minimum grant
size shall be $1,000,000 and the Secretary may increase the Federal
share of costs above 80 percent: Provided further, That of the amount
made available under this heading, the Secretary may use an amount not
to exceed $150,000,000 for the purpose of paying the subsidy and
administrative costs of projects eligible for federal credit assistance
under chapter 6 of title 23, United States Code, if the Secretary finds
that such use of the funds would advance the purposes of this paragraph:
Provided further, That of the
[[Page 123 STAT. 3037]]
amount made available under this heading, the Secretary may use an
amount not to exceed $35,000,000 for the planning, preparation or design
of projects eligible for funding under this heading: Provided further,
That projects conducted using funds provided under this heading must
comply with the requirements of subchapter IV of chapter 31 of title 40,
United States Code: Provided further,
<<NOTE: Publication. Criteria. Time periods.>> That the Secretary shall
publish criteria on which to base the competition for any grants awarded
under this heading no sooner than 60 days after enactment of this Act,
require applications for funding provided under this heading to be
submitted no sooner than 120 days after the publication of such
criteria, and announce all projects selected to be funded from funds
provided under this heading no sooner than September 15, 2010: Provided
further, That the Secretary may retain up to $25,000,000 of the funds
provided under this heading, and may transfer portions of those funds to
the Administrators of the Federal Highway Administration, the Federal
Transit Administration, the Federal Railroad Administration and the
Federal Maritime Administration, to fund the award and oversight of
grants made under this heading.
financial management capital
For necessary expenses for upgrading and enhancing the Department of
Transportation's financial systems and re-engineering business
processes, $5,000,000, to remain available until expended.
office of civil rights
For necessary expenses of the Office of Civil Rights, $9,667,000.
transportation planning, research, and development
For necessary expenses for conducting transportation planning,
research, systems development, development activities, and making
grants, to remain available until expended, $16,168,000.
working capital fund
For necessary expenses for operating costs and capital outlays of
the Working Capital Fund, not to exceed $147,596,000, shall be paid from
appropriations made available to the Department of Transportation:
Provided, That such services shall be provided on a competitive basis to
entities within the Department of Transportation: Provided further, That
the above limitation on operating expenses shall not apply to non-DOT
entities: Provided further, That no funds appropriated in this Act to an
agency of the Department shall be transferred to the Working Capital
Fund without the approval of the agency modal administrator: Provided
further, <<NOTE: Notification.>> That no assessments may be levied
against any program, budget activity, subactivity or project funded by
this Act unless notice of such assessments and the basis therefor are
presented to the House and Senate Committees on Appropriations and are
approved by such Committees.
[[Page 123 STAT. 3038]]
minority business resource center program
For the cost of guaranteed loans, $353,000, as authorized by 49
U.S.C. 332: Provided, That such costs, including the cost of modifying
such loans, shall be as defined in section 502 of the Congressional
Budget Act of 1974: Provided further, That these funds are available to
subsidize total loan principal, any part of which is to be guaranteed,
not to exceed $18,367,000. In addition, for administrative expenses to
carry out the guaranteed loan program, $570,000.
minority business outreach
For necessary expenses of Minority Business Resource Center outreach
activities, $3,074,000, to remain available until September 30, 2011:
Provided, That notwithstanding 49 U.S.C. 332, these funds may be used
for business opportunities related to any mode of transportation.
payments to air carriers
(airport and airway trust fund)
(including transfer of funds)
In addition to funds made available from any other source to carry
out the essential air service program under 49 U.S.C. 41731 through
41742, $150,000,000, to be derived from the Airport and Airway Trust
Fund, to remain available until expended: Provided, That, in determining
between or among carriers competing to provide service to a community,
the Secretary may consider the relative subsidy requirements of the
carriers: Provided further, That, if the funds under this heading are
insufficient to meet the costs of the essential air service program in
the current fiscal year, the Secretary shall transfer such sums as may
be necessary to carry out the essential air service program from any
available amounts appropriated to or directly administered by the Office
of the Secretary for such fiscal year.
administrative provisions--office of the secretary of transportation
Sec. 101. <<NOTE: Assessments. Contracts.>> None of the funds made
available in this Act to the Department of Transportation may be
obligated for the Office of the Secretary of Transportation to approve
assessments or reimbursable agreements pertaining to funds appropriated
to the modal administrations in this Act, except for activities underway
on the date of enactment of this Act, unless such assessments or
agreements have completed the normal reprogramming process for
Congressional notification.
Sec. 102. None of the funds made available under this Act may be
obligated or expended to establish or implement a program under which
essential air service communities are required to assume subsidy costs
commonly referred to as the EAS local participation program.
Sec. 103. The Secretary or his designee may engage in activities
with States and State legislators to consider proposals related to the
reduction of motorcycle fatalities.
[[Page 123 STAT. 3039]]
Sec. 104. <<NOTE: Transfer authority.>> The Secretary of
Transportation is authorized to transfer the unexpended balances
available for the bonding assistance program from ``Office of the
Secretary, Salaries and expenses'' to ``Minority Business Outreach''.
Sec. 105. Such amounts as are required from amounts provided in
this Act to the Office of the Secretary of Transportation for the
Transportation Planning, Research and Development program may be used
for the development, coordination, and analysis of data collection
procedures and national performance measures.
Federal Aviation Administration
operations
(airport and airway trust fund)
(including transfer of funds)
For necessary expenses of the Federal Aviation Administration, not
otherwise provided for, including operations and research activities
related to commercial space transportation, administrative expenses for
research and development, establishment of air navigation facilities,
the operation (including leasing) and maintenance of aircraft,
subsidizing the cost of aeronautical charts and maps sold to the public,
lease or purchase of passenger motor vehicles for replacement only, in
addition to amounts made available by Public Law 108-176,
$9,350,028,000, of which $4,000,000,000 shall be derived from the
Airport and Airway Trust Fund, of which not to exceed $7,299,299,000
shall be available for air traffic organization activities; not to
exceed $1,234,065,000 shall be available for aviation safety activities;
not to exceed $15,237,000 shall be available for commercial space
transportation activities; not to exceed $113,681,000 shall be available
for financial services activities; not to exceed $100,428,000 shall be
available for human resources program activities; not to exceed
$341,977,000 shall be available for region and center operations and
regional coordination activities; not to exceed $196,063,000 shall be
available for staff offices; and not to exceed $49,278,000 shall be
available for information services: Provided, That the Secretary utilize
not less than $17,084,000 of the funds provided for aviation safety
activities to pay for staff increases in the Office of Aviation Flight
Standards and the Office of Aircraft Certification: Provided further,
That none of the funds provided for increases to the staffs of the
aviation flight standards and aircraft certification offices shall be
used for other purposes: Provided further, That not to exceed 2 percent
of any budget activity, except for aviation safety budget activity, may
be transferred to any budget activity under this heading: Provided
further, That no transfer may increase or decrease any appropriation by
more than 2 percent: Provided further, That any transfer in excess of 2
percent shall be treated as a reprogramming of funds under section 405
of this Act and shall not be available for obligation or expenditure
except in compliance with the procedures set forth in that section:
Provided further, <<NOTE: Deadline. Reports. 49 USC 4450's note.>> That
not later than March 31 of each fiscal year hereafter, the Administrator
of the Federal Aviation Administration shall transmit to Congress an
annual update to the report submitted to Congress in December 2004
pursuant to section 221 of Public Law 108-176: <<NOTE: Fines.>> Provided
further, That the amount herein appropriated shall be reduced
[[Page 123 STAT. 3040]]
by $100,000 for each day after March 31 that such report has not been
submitted to the Congress: Provided
further, <<NOTE: Deadline. Reports. 44 USC 4502 note.>> That not later
than March 31 of each fiscal year hereafter, the Administrator shall
transmit to Congress a companion report that describes a comprehensive
strategy for staffing, hiring, and training flight standards and
aircraft certification staff in a format similar to the one utilized for
the controller staffing plan, including stated attrition estimates and
numerical hiring goals by fiscal year: <<NOTE: Fines.>> Provided
further, That the amount herein appropriated shall be reduced by
$100,000 per day for each day after March 31 that such report has not
been submitted to Congress: Provided further, That funds may be used to
enter into a grant agreement with a nonprofit standard-setting
organization to assist in the development of aviation safety
standards: <<NOTE: User fees.>> Provided further, That none of the
funds in this Act shall be available for new applicants for the second
career training program: Provided further, That none of the funds in
this Act shall be available for the Federal Aviation Administration to
finalize or implement any regulation that would promulgate new aviation
user fees not specifically authorized by law after the date of the
enactment of this Act: Provided further, That there may be credited to
this appropriation funds received from States, counties, municipalities,
foreign authorities, other public authorities, and private sources, for
expenses incurred in the provision of agency services, including
receipts for the maintenance and operation of air navigation facilities,
and for issuance, renewal or modification of certificates, including
airman, aircraft, and repair station certificates, or for tests related
thereto, or for processing major repair or alteration forms: Provided
further, That of the funds appropriated under this heading, not less
than $9,500,000 shall be for the contract tower cost-sharing program:
Provided further, That none of the funds in this Act for aeronautical
charting and cartography are available for activities conducted by, or
coordinated through, the Working Capital Fund: <<NOTE: Audits.>>
Provided further, That of the funds available under this heading not to
exceed $500,000 shall be provided to the Department of Transportation's
Office of Inspector General through reimbursement to conduct the annual
audits of financial statements in accordance with section 3521 of title
31, United States Code, and not to exceed $120,000 shall be provided to
that office through reimbursement to conduct the annual Enterprise
Services Center Statement on Auditing Standards 70 audit.
facilities and equipment
(airport and airway trust fund)
For necessary expenses, not otherwise provided for, for acquisition,
establishment, technical support services, improvement by contract or
purchase, and hire of national airspace systems and experimental
facilities and equipment, as authorized under part A of subtitle VII of
title 49, United States Code, including initial acquisition of necessary
sites by lease or grant; engineering and service testing, including
construction of test facilities and acquisition of necessary sites by
lease or grant; construction and furnishing of quarters and related
accommodations for officers and employees of the Federal Aviation
Administration stationed at remote localities where such accommodations
are not available; and the purchase,
[[Page 123 STAT. 3041]]
lease, or transfer of aircraft from funds available under this heading,
including aircraft for aviation regulation and certification; to be
derived from the Airport and Airway Trust Fund, $2,936,203,000, of which
$2,466,203,000 shall remain available until September 30, 2012, and of
which $470,000,000 shall remain available until September 30, 2010:
Provided, That there may be credited to this appropriation funds
received from States, counties, municipalities, other public
authorities, and private sources, for expenses incurred in the
establishment and modernization of air navigation facilities: Provided
further, <<NOTE: Investment plan.>> That upon initial submission to the
Congress of the fiscal year 2011 President's budget, the Secretary of
Transportation shall transmit to the Congress a comprehensive capital
investment plan for the Federal Aviation Administration which includes
funding for each budget line item for fiscal years 2011 through 2015,
with total funding for each year of the plan constrained to the funding
targets for those years as estimated and approved by the Office of
Management and Budget.
research, engineering, and development
(airport and airway trust fund)
For necessary expenses, not otherwise provided for, for research,
engineering, and development, as authorized under part A of subtitle VII
of title 49, United States Code, including construction of experimental
facilities and acquisition of necessary sites by lease or grant,
$190,500,000, to be derived from the Airport and Airway Trust Fund and
to remain available until September 30, 2012: Provided, That there may
be credited to this appropriation as offsetting collections, funds
received from States, counties, municipalities, other public
authorities, and private sources, which shall be available for expenses
incurred for research, engineering, and development.
grants-in-aid for airports
(liquidation of contract authorization)
(limitation on obligations)
(airport and airway trust fund)
(including transfer of funds)
For liquidation of obligations incurred for grants-in-aid for
airport planning and development, and noise compatibility planning and
programs as authorized under subchapter I of chapter 471 and subchapter
I of chapter 475 of title 49, United States Code, and under other law
authorizing such obligations; for procurement, installation, and
commissioning of runway incursion prevention devices and systems at
airports of such title; for grants authorized under section 41743 of
title 49, United States Code; and for inspection activities and
administration of airport safety programs, including those related to
airport operating certificates under section 44706 of title 49, United
States Code, $3,000,000,000 to be derived from the Airport and Airway
Trust Fund and to remain available until expended: Provided, That none
of the funds under this heading shall be available for the planning or
execution of
[[Page 123 STAT. 3042]]
programs the obligations for which are in excess of $3,515,000,000 in
fiscal year 2010, notwithstanding section 47117(g) of title 49, United
States Code: <<NOTE: Explosive detection systems.>> Provided further,
That none of the funds under this heading shall be available for the
replacement of baggage conveyor systems, reconfiguration of terminal
baggage areas, or other airport improvements that are necessary to
install bulk explosive detection systems: Provided further, That
notwithstanding any other provision of law, of funds limited under this
heading, not more than $93,422,000 shall be obligated for
administration, not less than $15,000,000 shall be available for the
airport cooperative research program, not less than $22,472,000 shall be
for Airport Technology Research and $6,000,000, to remain available
until expended, shall be available and transferred to ``Office of the
Secretary, Salaries and Expenses'' to carry out the Small Community Air
Service Development Program.
(rescission)
Of the amounts authorized for the fiscal year ending September 30,
2009, and prior years under sections 48103 and 48112 of title 49, United
States Code, $394,000,000 are permanently rescinded.
administrative provisions--federal aviation administration
Sec. 110. None of the funds in this Act may be used to compensate
in excess of 600 technical staff-years under the federally funded
research and development center contract between the Federal Aviation
Administration and the Center for Advanced Aviation Systems Development
during fiscal year 2010.
Sec. 111. None of the funds in this Act shall be used to pursue or
adopt guidelines or regulations requiring airport sponsors to provide to
the Federal Aviation Administration without cost building construction,
maintenance, utilities and expenses, or space in airport sponsor-owned
buildings for services relating to air traffic control, air navigation,
or weather reporting: Provided, That the prohibition of funds in this
section does not apply to negotiations between the agency and airport
sponsors to achieve agreement on ``below-market'' rates for these items
or to grant assurances that require airport sponsors to provide land
without cost to the FAA for air traffic control facilities.
Sec. 112. The Administrator of the Federal Aviation Administration
may reimburse amounts made available to satisfy 49 U.S.C. 41742(a)(1)
from fees credited under 49 U.S.C. 45303: Provided, That during fiscal
year 2010, 49 U.S.C. 41742(b) shall not apply, and any amount remaining
in such account at the close of that fiscal year may be made available
to satisfy section 41742(a)(1) for the subsequent fiscal year.
Sec. 113. Amounts collected under section 40113(e) of title 49,
United States Code, shall be credited to the appropriation current at
the time of collection, to be merged with and available for the same
purposes of such appropriation.
Sec. 114. (a) Section 44302(f)(1) of title 49, United States Code,
is amended--
(1) by striking ``September 30, 2009,'' and inserting
``September 30, 2010,''; and
(2) by striking ``December 31, 2009,'' and inserting
``December 31, 2010,''.
[[Page 123 STAT. 3043]]
(b) Section 44303(b) of such title is amended by striking ``December
31, 2009,'' and inserting ``December 31, 2010,''.
Sec. 115. <<NOTE: New Jersey.>> None of the funds appropriated or
limited by this Act may be used to change weight restrictions or prior
permission rules at Teterboro airport in Teterboro, New Jersey.
Sec. 116. None of the funds limited by this Act for grants under
the Airport Improvement Program shall be made available to the sponsor
of a commercial service airport if such sponsor fails to agree to a
request from the Secretary of Transportation for cost-free space in a
non-revenue producing, public use area of the airport terminal or other
airport facilities for the purpose of carrying out a public service air
passenger rights and consumer outreach campaign.
Sec. 117. <<NOTE: Premium pay.>> None of the funds in this Act
shall be available for paying premium pay under subsection 5546(a) of
title 5, United States Code, to any Federal Aviation Administration
employee unless such employee actually performed work during the time
corresponding to such premium pay.
Sec. 118. None of the funds in this Act may be obligated or
expended for an employee of the Federal Aviation Administration to
purchase a store gift card or gift certificate through use of a
Government-issued credit card.
Sec. 119. <<NOTE: Apportionment.>> The Secretary shall apportion to
the sponsor of an airport that received scheduled or unscheduled air
service from a large certified air carrier (as defined in part 241 of
title 14 Code of Federal Regulations, or such other regulations as may
be issued by the Secretary under the authority of section 41709) an
amount equal to the minimum apportionment specified in 49 U.S.C.
47114(c), if the Secretary determines that airport had more than 10,000
passenger boardings in the preceding calendar year, based on data
submitted to the Secretary under part 241 of title 14, Code of Federal
Regulations.
Federal Highway Administration
limitation on administrative expenses
(including transfer of funds)
Not to exceed $413,533,000, together with advances and
reimbursements received by the Federal Highway Administration, shall be
paid in accordance with law from appropriations made available by this
Act to the Federal Highway Administration for necessary expenses for
administration and operation. In addition, not to exceed $3,524,000
shall be paid from appropriations made available by this Act and
transferred to the Department of Transportation's Office of Inspector
General for costs associated with audits and investigations of projects
and programs of the Federal Highway Administration, and not to exceed
$285,000 shall be paid from appropriations made available by this Act
and provided to that office through reimbursement to conduct the annual
audits of financial statements in accordance with section 3521 of title
31, United States Code. In addition, not to exceed $3,220,000 shall be
paid from appropriations made available by this Act and transferred to
the Appalachian Regional Commission in accordance with section 104 of
title 23, United States Code.
[[Page 123 STAT. 3044]]
federal-aid highways
(limitation on obligations)
(highway trust fund)
None <<NOTE: 23 USC 104 note.>> of the funds in this Act shall be
available for the implementation or execution of programs, the
obligations for which are in excess of $41,107,000,000 for Federal-aid
highways and highway safety construction programs for fiscal year 2010:
Provided, That within the $41,107,000,000 obligation limitation on
Federal-aid highways and highway safety construction programs, not more
than $429,800,000 shall be available for the implementation or execution
of programs for transportation research (chapter 5 of title 23, United
States Code; sections 111, 5505, and 5506 of title 49, United States
Code; and title 5 of Public Law 109-59) for fiscal year 2010: Provided
further, That this limitation on transportation research programs shall
not apply to any authority previously made available for obligation:
Provided further, That the Secretary may, as authorized by section
605(b) of title 23, United States Code, collect and spend fees to cover
the costs of services of expert firms, including counsel, in the field
of municipal and project finance to assist in the underwriting and
servicing of Federal credit instruments and all or a portion of the
costs to the Federal Government of servicing such credit instruments:
Provided further, That such fees are available until expended to pay for
such costs: Provided further, That such amounts are in addition to
administrative expenses that are also available for such purpose, and
are not subject to any obligation limitation or the limitation on
administrative expenses under section 608 of title 23, United States
Code.
(liquidation of contract authorization)
(highway trust fund)
For carrying out the provisions of title 23, United States Code,
that are attributable to Federal-aid highways, not otherwise provided,
including reimbursement for sums expended pursuant to the provisions of
23 U.S.C. 308, $41,846,000,000 or so much thereof as may be available in
and derived from the Highway Trust Fund (other than the Mass Transit
Account), to remain available until expended.
surface transportation priorities
For the necessary expenses of certain highway and surface
transportation projects, $292,829,000, to remain available until
expended: Provided, That the amount provided under this heading shall be
made available for the programs, projects, and activities identified
under this heading in the explanatory statement accompanying this Act:
Provided further, That funds provided under this heading, at the request
of a State, shall be transferred by the Secretary to another Federal
agency: Provided further, That the Federal share payable on account of
any program, project, or activity carried out with funds provided under
this heading shall be 100 percent: Provided further, That none of the
funds provided under this heading shall be subject to any limitation
[[Page 123 STAT. 3045]]
on obligations for Federal-aid highways and highway safety construction
programs set forth in this Act or any other Act.
administrative provisions--federal highway administration
Sec. 120. <<NOTE: 23 USC 104 note.>> (a) For fiscal year 2010, the
Secretary of Transportation shall--
(1) not distribute from the obligation limitation for
Federal-aid highways amounts authorized for administrative
expenses and programs by section 104(a) of title 23, United
States Code; programs funded from the administrative takedown
authorized by section 104(a)(1) of title 23, United States Code
(as in effect on the date before the date of enactment of the
Safe, Accountable, Flexible, Efficient Transportation Equity
Act: A Legacy for Users); the highway use tax evasion program;
and the Bureau of Transportation Statistics;
(2) not distribute an amount from the obligation limitation
for Federal-aid highways that is equal to the unobligated
balance of amounts made available from the Highway Trust Fund
(other than the Mass Transit Account) for Federal-aid highways
and highway safety programs for previous fiscal years the funds
for which are allocated by the Secretary;
(3) determine the ratio that--
(A) the obligation limitation for Federal-aid
highways, less the aggregate of amounts not distributed
under paragraphs (1) and (2), bears to
(B) the total of the sums authorized to be
appropriated for Federal-aid highways and highway safety
construction programs (other than sums authorized to be
appropriated for provisions of law described in
paragraphs (1) through (9) of subsection (b) and sums
authorized to be appropriated for section 105 of title
23, United States Code, equal to the amount referred to
in subsection (b)(10) for such fiscal year), less the
aggregate of the amounts not distributed under
paragraphs (1) and (2) of this subsection;
(4)(A) distribute the obligation limitation for Federal-aid
highways, less the aggregate amounts not distributed under
paragraphs (1) and (2), for sections 1301, 1302, and 1934 of the
Safe, Accountable, Flexible, Efficient Transportation Equity
Act: A Legacy for Users; sections 117 (but individually for each
project numbered 1 through 3676 listed in the table contained in
section 1702 of the Safe, Accountable, Flexible, Efficient
Transportation Equity Act: A Legacy for Users) and section
144(g) of title 23, United States Code; and section 14501 of
title 40, United States Code, so that the amount of obligation
authority available for each of such sections is equal to the
amount determined by multiplying the ratio determined under
paragraph (3) by the sums authorized to be appropriated for that
section for the fiscal year; and
(B) distribute $2,000,000,000 for section 105 of title 23,
United States Code;
(5) distribute the obligation limitation provided for
Federal-aid highways, less the aggregate amounts not distributed
under paragraphs (1) and (2) and amounts distributed under
paragraph (4), for each of the programs that are allocated by
the Secretary under the Safe, Accountable, Flexible, Efficient
Transportation Equity Act: A Legacy for Users and title 23,
[[Page 123 STAT. 3046]]
United States Code (other than to programs to which paragraphs
(1) and (4) apply), by multiplying the ratio determined under
paragraph (3) by the amounts authorized to be appropriated for
each such program for such fiscal year; and
(6) distribute the obligation limitation provided for
Federal-aid highways, less the aggregate amounts not distributed
under paragraphs (1) and (2) and amounts distributed under
paragraphs (4) and (5), for Federal-aid highways and highway
safety construction programs (other than the amounts apportioned
for the equity bonus program, but only to the extent that the
amounts apportioned for the equity bonus program for the fiscal
year are greater than $2,639,000,000, and the Appalachian
development highway system program) that are apportioned by the
Secretary under the Safe, Accountable, Flexible, Efficient
Transportation Equity Act: A Legacy for Users and title 23,
United States Code, in the ratio that--
(A) amounts authorized to be appropriated for such
programs that are apportioned to each State for such
fiscal year, bear to
(B) the total of the amounts authorized to be
appropriated for such programs that are apportioned to
all States for such fiscal year.
(b) Exceptions From Obligation Limitation.--The obligation
limitation for Federal-aid highways shall not apply to obligations: (1)
under section 125 of title 23, United States Code; (2) under section 147
of the Surface Transportation Assistance Act of 1978; (3) under section
9 of the Federal-Aid Highway Act of 1981; (4) under subsections (b) and
(j) of section 131 of the Surface Transportation Assistance Act of 1982;
(5) under subsections (b) and (c) of section 149 of the Surface
Transportation and Uniform Relocation Assistance Act of 1987; (6) under
sections 1103 through 1108 of the Intermodal Surface Transportation
Efficiency Act of 1991; (7) under section 157 of title 23, United States
Code, as in effect on the day before the date of the enactment of the
Transportation Equity Act for the 21st Century; (8) under section 105 of
title 23, United States Code, as in effect for fiscal years 1998 through
2004, but only in an amount equal to $639,000,000 for each of those
fiscal years; (9) for Federal-aid highway programs for which obligation
authority was made available under the Transportation Equity Act for the
21st Century or subsequent public laws for multiple years or to remain
available until used, but only to the extent that the obligation
authority has not lapsed or been used; (10) under section 105 of title
23, United States Code, but only in an amount equal to $639,000,000 for
each of fiscal years 2005 through 2010; and (11) under section 1603 of
the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A
Legacy for Users, to the extent that funds obligated in accordance with
that section were not subject to a limitation on obligations at the time
at which the funds were initially made available for obligation.
(c) Redistribution of Unused Obligation
Authority. <<NOTE: Distribution date.>> --Notwithstanding subsection
(a), the Secretary shall, after August 1 of such fiscal year, revise a
distribution of the obligation limitation made available under
subsection (a) if the amount distributed cannot be obligated during that
fiscal year and redistribute sufficient amounts to those States able to
obligate amounts in addition to those previously distributed during that
fiscal year, giving priority to those States having large unobligated
balances of funds
[[Page 123 STAT. 3047]]
apportioned under sections 104 and 144 of title 23, United States Code.
(d) Applicability of Obligation Limitations to Transportation
Research Programs.--The obligation limitation shall apply to
transportation research programs carried out under chapter 5 of title
23, United States Code, and title V (research title) of the Safe,
Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for
Users, except that obligation authority made available for such programs
under such limitation shall remain available for a period of 3 fiscal
years and shall be in addition to the amount of any limitation imposed
on obligations for Federal-aid highway and highway safety construction
programs for future fiscal years.
(e) Redistribution of Certain Authorized Funds.--
(1) In general.-- <<NOTE: Deadline.>> Not later than 30 days
after the date of the distribution of obligation limitation
under subsection (a), the Secretary shall distribute to the
States any funds that--
(A) are authorized to be appropriated for such
fiscal year for Federal-aid highways programs; and
(B) the Secretary determines will not be allocated
to the States, and will not be available for obligation,
in such fiscal year due to the imposition of any
obligation limitation for such fiscal year.
(2) Ratio.--Funds shall be distributed under paragraph (1)
in the same ratio as the distribution of obligation authority
under subsection (a)(6).
(3) Availability.--Funds distributed under paragraph (1)
shall be available for any purposes described in section 133(b)
of title 23, United States Code.
(f) Special Limitation Characteristics.--Obligation limitation
distributed for a fiscal year under subsection (a)(4) for the provision
specified in subsection (a)(4) shall--
(1) remain available until used for obligation of funds for
that provision; and
(2) be in addition to the amount of any limitation imposed
on obligations for Federal-aid highway and highway safety
construction programs for future fiscal years.
(g) High Priority Project Flexibility.--
(1) In general.--Subject to paragraph (2), obligation
authority distributed for such fiscal year under subsection
(a)(4) for each project numbered 1 through 3676 listed in the
table contained in section 1702 of the Safe, Accountable,
Flexible, Efficient Transportation Equity Act: A Legacy for
Users may be obligated for any other project in such section in
the same State.
(2) Restoration.--Obligation authority used as described in
paragraph (1) shall be restored to the original purpose on the
date on which obligation authority is distributed under this
section for the next fiscal year following obligation under
paragraph (1).
(h) Limitation on Statutory Construction.--Nothing in this section
shall be construed to limit the distribution of obligation authority
under subsection (a)(4)(A) for each of the individual projects numbered
greater than 3676 listed in the table contained in section 1702 of the
Safe, Accountable, Flexible, Efficient Transportation Equity Act: A
Legacy for Users.
[[Page 123 STAT. 3048]]
Sec. 121. Notwithstanding 31 U.S.C. 3302, funds received by the
Bureau of Transportation Statistics from the sale of data products, for
necessary expenses incurred pursuant to 49 U.S.C. 111 may be credited to
the Federal-aid highways account for the purpose of reimbursing the
Bureau for such expenses: Provided, That such funds shall be subject to
the obligation limitation for Federal-aid highways and highway safety
construction.
Sec. 122. There is hereby appropriated to the Secretary of
Transportation $650,000,000, to remain available through September 30,
2012: Provided, That the funds provided under this section shall be
apportioned to the States in the same ratio as the obligation limitation
for fiscal year 2010 is distributed among the States in section
120(a)(6) of this Act, and made available for the restoration, repair,
construction, and other activities eligible under paragraph (b) of
section 133 of title 23, United States Code: Provided further, That
funds apportioned under this section shall be administered as if
apportioned under chapter 1 of title 23, United States Code: Provided
further, That the Federal share payable on account of any project or
activity carried out with funds apportioned under this section shall be
80 percent: Provided further, That funding provided under this section
shall be in addition to any and all funds provided for fiscal year 2010
in this or any other Act for ``Federal-aid Highways'' and shall not
affect the distribution of funds provided for ``Federal-aid Highways''
in any other Act: Provided further, That the amounts made available
under this section shall not be subject to any limitation on obligations
for Federal-aid highways or highway safety construction programs set
forth in any Act: Provided further, <<NOTE: Applicability.>> That
section 1101(b) of Public Law 109-59 shall apply to funds apportioned
under this section.
Sec. 123. <<NOTE: Time period. Notice. Public comments. 23 USC 313
note.>> Not less than 15 days prior to waiving, under his statutory
authority, any Buy America requirement for Federal-aid highway projects,
the Secretary of Transportation shall make an informal public notice and
comment opportunity on the intent to issue such waiver and the reasons
therefor: <<NOTE: Reports.>> Provided, That the Secretary shall provide
an annual report to the Appropriations Committees of the Congress on any
waivers granted under the Buy America requirements.
Sec. 124. <<NOTE: Texas.>> (a) In General.--Except as provided in
subsection (b), none of the funds made available, limited, or otherwise
affected by this Act shall be used to approve or otherwise authorize the
imposition of any toll on any segment of highway located on the Federal-
aid system in the State of Texas that--
(1) as of the date of enactment of this Act, is not tolled;
(2) is constructed with Federal assistance provided under
title 23, United States Code; and
(3) is in actual operation as of the date of enactment of
this Act.
(b) Exceptions.--
(1) Number of toll lanes.--Subsection (a) shall not apply to
any segment of highway on the Federal-aid system described in
that subsection that, as of the date on which a toll is imposed
on the segment, will have the same number of non-toll lanes as
were in existence prior to that date.
(2) High-occupancy vehicle lanes.--A high-occupancy vehicle
lane that is converted to a toll lane shall not be subject to
this section, and shall not be considered to be a non-toll
[[Page 123 STAT. 3049]]
lane for purposes of determining whether a highway will have
fewer non-toll lanes than prior to the date of imposition of the
toll, if--
(A) high-occupancy vehicles occupied by the number
of passengers specified by the entity operating the toll
lane may use the toll lane without paying a toll, unless
otherwise specified by the appropriate county, town,
municipal or other local government entity, or public
toll road or transit authority; or
(B) each high-occupancy vehicle lane that was
converted to a toll lane was constructed as a temporary
lane to be replaced by a toll lane under a plan approved
by the appropriate county, town, municipal or other
local government entity, or public toll road or transit
authority.
Sec. 125. (a) In the explanatory statement referenced in section 129
of division K of Public Law 110-161 (121 Stat. 2388), the item relating
to ``Route 5 Overpass and River Center, St. Mary's County, MD'' in the
table of projects for such section 129 is deemed to be amended by
striking ``Route 5 Overpass and River Center, St. Mary's County, MD''
and inserting ``Safety Improvements and Traffic Calming Measures along
Route 5 at St. Mary's County, MD''.
(b) In the explanatory statement referenced in section 186 of title
I of division I of Public Law 111-8 (123 Stat. 947), the item relating
to ``US 422 River Crossing Complex Project, King of Prussia, PA'' in the
table of projects under the heading ``Transportation, Community, and
System Preservation Program'' is deemed to be amended by striking ``US
422 River Crossing Complex Project, King of Prussia, PA'' and inserting
``For closed loop signal control system and other improvements for
Trooper Road in Lower Providence and West Norriton Townships, Montgomery
County, PA''.
(c) In the explanatory statement referenced in section 186 of title
I of division I of Public Law 111-8 (123 Stat. 947), the item relating
to ``Improving the West Bank River Front, IL'' in the table of projects
under the heading ``Transportation, Community, and System Preservation
Program'' is deemed to be amended by striking ``Improving the West Bank
River Front, IL'' and inserting ``East Bank River Front and Bikeway
Improvements, IL''.
(d) In the explanatory statement referenced in section 186 of title
I of division K of Public Law 110-161 (121 Stat. 2406), as amended by
section 129(d) of division I of Public Law 111-8 (123 Stat. 947), the
item relating to ``Repair of Side Streets and Relocation of Water Mains
resulting from rerouting of traffic and reconstruction of 159th Street
in Harvey, IL'' in the table of projects under the heading
``Transportation, Community, and System Preservation Program'' is deemed
to be amended by striking ``Repair of Side Streets and Relocation of
Water Mains resulting from rerouting of traffic and reconstruction of
159th Street in Harvey, IL'' and inserting ``Intersection Improvements
on Crawford Avenue and 203rd Street in the Village of Olympia Fields,
IL''.
(e) In the explanatory statement referenced in section 129 of
division K of Public Law 110-161 (121 Stat. 2388), the item relating to
``Study Improvements to 109th Avenue, Winfield, IN'' in the table of
projects for such section 129 is deemed to be amended by striking
``Winfield, IN'' and inserting ``Town of Winfield, City of Crown Point,
Lake County, IN''.
[[Page 123 STAT. 3050]]
(f) In the explanatory statement referenced in section 186 of title
I of division I of Public Law 111-8 (123 Stat. 947), the item relating
to ``Ronald Reagan Parkway (Middle and Southern segments), Boone County,
IN'' in the table of projects under the heading ``Transportation,
Community, and System Preservation Program'' is deemed to be amended by
striking ``Boone County'' and inserting ``Hendricks County''.
(g) In the explanatory statement referenced in section 186 of title
I of division I of Public Law 111-8 (123 Stat. 947), the item relating
to ``Onville Road Intersection and Road-Widening Project, Prince William
County, VA'' in the table of projects under the heading ``Federal
Lands'' is deemed to be amended by striking ``Prince William'' and
inserting ``Stafford''.
(h) In the explanatory statement referenced in section 186 of title
I of division I of Public Law 111-8 (123 Stat. 947), the item relating
to ``U.S. 59/Alabama Grade Separation Project, St. Joseph, MO'' in the
table of projects under the heading ``Interstate Maintenance
Discretionary'' is deemed to be amended by striking ``U.S. 59/Alabama
Grade Separation Project, St. Joseph, MO'' and inserting ``I-29
Interchange Reconstruction in St. Joseph, MO''.
(i) In the explanatory statement referenced in section 186 of title
I of division I of Public Law 111-8 (123 Stat. 947), the item relating
to ``Decking and Sidewalk Replacement on the Central Avenue Overpass,
South Charleston, WV'' in the table of projects under the heading
``Interstate Maintenance Discretionary'' is deemed to be amended by
striking ``Decking and Sidewalk Replacement on the Central Avenue
Overpass, South Charleston, WV'' and inserting ``General Interstate
Maintenance, WV''.
(j) In the explanatory statement referenced in section 125 of title
I of division I of Public Law 111-8 (123 Stat. 928), the item relating
to ``Wapsi Great Western Line Trail, Mitchell County, IA'' is deemed to
be amended by striking ``Mitchell County'' and inserting ``Mitchell and
Howard Counties''.
(k) In the explanatory statement referenced in section 125 of title
I of division I of Public Law 111-8 (123 Stat. 928), the item relating
to ``Highway 169 Corridor Project Environmental Assessment, Preliminary
Engineering and Planning, Humboldt, IA'' is deemed to be amended by
striking ``Corridor Project Environmental Assessment, Preliminary
Engineering and Planning, Humboldt, IA'' and inserting ``Construction,
Humboldt and Webster Counties, IA''.
(l) In the explanatory statement referenced in section 125 of title
I of division I of Public Law 111-8 (123 Stat. 928), the item relating
to ``Highway 53 Interchanges, WI'' is deemed to be amended by striking
``Interchanges'' and inserting ``Intersections''.
Sec. 126. Item 4866A in the table contained in section 1702 of the
Safe, Accountable, Flexible, Efficient Transportation Equity Act: A
Legacy for Users (Public Law 109-59) <<NOTE: 119 Stat. 1442; 122 Stat.
1596.>> is amended by striking ``Repair and restore'' and inserting
``Removal of and enhancements around''.
Sec. 127. Item 3923 in the table contained in section 1702 of the
Safe, Accountable, Flexible, Efficient Transportation Equity Act: A
Legacy for Users (Public Law 109-59) <<NOTE: 119 Stat. 1407.>> is
amended by striking ``to 4 lanes from I-10 to West U.S. 90''.
Sec. 128. Funds made available for ``Brentwood Boulevard/SR 4
Improvements, Brentwood, CA'' under section 129 of Public
[[Page 123 STAT. 3051]]
Law 110-161 shall be made available for ``John Muir Parkway Project,
Brentwood, CA''.
Sec. 129. The table contained in section 1702 of the Safe,
Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for
Users (119 Stat. 1256) is amended in item number 3138 <<NOTE: 119 Stat.
1378.>> by striking the project description and inserting ``Elimination
of highway-railway crossings and rehabilitation of rail along the KO
railroad to Osborne''.
Sec. 130. Funds made available for ``City of Tuscaloosa Downtown
Revitalization Project--University Blvd and Greensboro Avenue, AL''
under section 125 of Public Law 111-8 shall be made available for ``City
of Tuscaloosa Downtown Revitalization Project--University Blvd''.
Sec. 131. The table contained in section 1702 of the Safe,
Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for
Users (119 Stat. 1256) is amended by striking the project description
for item number 4573 <<NOTE: 119 Stat. 1431.>> and inserting the
following: ``Design and construct interchange on I-15 in Mesquite''.
Federal Motor Carrier Safety Administration
motor carrier safety operations and programs
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
For payment of obligations incurred in the implementation, execution
and administration of motor carrier safety operations and programs
pursuant to section 31104(i) of title 49, United States Code, and
sections 4127 and 4134 of Public Law 109-59, $239,828,000, to be derived
from the Highway Trust Fund (other than the Mass Transit Account),
together with advances and reimbursements received by the Federal Motor
Carrier Safety Administration, the sum of which shall remain available
until expended: Provided, That none of the funds derived from the
Highway Trust Fund in this Act shall be available for the
implementation, execution or administration of programs, the obligations
for which are in excess of $239,828,000, for ``Motor Carrier Safety
Operations and Programs'' of which $8,543,000, to remain available for
obligation until September 30, 2012, is for the research and technology
program and $1,000,000 shall be available for commercial motor vehicle
operator's grants to carry out section 4134 of Public Law 109-59:
Provided further, That notwithstanding any other provision of law, none
of the funds under this heading for outreach and education shall be
available for transfer: Provided
further, <<NOTE: Reports. Deadlines.>> That the Federal Motor Carrier
Safety Administration shall transmit to Congress a report on March 30,
2010, and September 30, 2010, on the agency's ability to meet its
requirement to conduct compliance reviews on high-risk carriers.
[[Page 123 STAT. 3052]]
motor carrier safety grants
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
(including rescission)
For payment of obligations incurred in carrying out sections 31102,
31104(a), 31106, 31107, 31109, 31309, 31313 of title 49, United States
Code, and sections 4126 and 4128 of Public Law 109-59, $310,070,000, to
be derived from the Highway Trust Fund (other than the Mass Transit
Account) and to remain available until expended: Provided, That none of
the funds in this Act shall be available for the implementation or
execution of programs, the obligations for which are in excess of
$310,070,000, for ``Motor Carrier Safety Grants''; of which $212,070,000
shall be available for the motor carrier safety assistance program to
carry out sections 31102 and 31104(a) of title 49, United States Code;
$25,000,000 shall be available for the commercial driver's license
improvements program to carry out section 31313 of title 49, United
States Code; $32,000,000 shall be available for the border enforcement
grants program to carry out section 31107 of title 49, United States
Code; $5,000,000 shall be available for the performance and registration
information system management program to carry out sections 31106(b) and
31109 of title 49, United States Code; $25,000,000 shall be available
for the commercial vehicle information systems and networks deployment
program to carry out section 4126 of Public Law 109-59; $3,000,000 shall
be available for the safety data improvement program to carry out
section 4128 of Public Law 109-59; and $8,000,000 shall be available for
the commercial driver's license information system modernization program
to carry out section 31309(e) of title 49, United States Code: Provided
further, That of the funds made available for the motor carrier safety
assistance program, $29,000,000 shall be available for audits of new
entrant motor carriers: Provided further, That $1,610,661 in unobligated
balances are permanently rescinded.
motor carrier safety
(highway trust fund)
(rescission)
Of the amounts made available under this heading in prior
appropriations Acts, $6,415,501 in unobligated balances are permanently
rescinded.
[[Page 123 STAT. 3053]]
national motor carrier safety program
(highway trust fund)
(rescission)
Of the amounts made available under this heading in prior
appropriations Acts, $3,232,639 in unobligated balances are permanently
rescinded.
administrative provision--federal motor carrier safety administration
Sec. 135. <<NOTE: Reports.>> Funds appropriated or limited in this
Act shall be subject to the terms and conditions stipulated in section
350 of Public Law 107-87 and section 6901 of Public Law 110-28,
including that the Secretary submit a report to the House and Senate
Appropriations Committees annually on the safety and security of
transportation into the United States by Mexico-domiciled motor
carriers.
National Highway Traffic Safety Administration
operations and research
For expenses necessary to discharge the functions of the Secretary,
with respect to traffic and highway safety under subtitle C of title X
of Public Law 109-59 and chapter 301 and part C of subtitle VI of title
49, United States Code, $140,427,000, of which $35,543,000 shall remain
available through September 30, 2011: Provided, That none of the funds
appropriated by this Act may be obligated or expended to plan, finalize,
or implement any rulemaking to add to section 575.104 of title 49 of the
Code of Federal Regulations any requirement pertaining to a grading
standard that is different from the three grading standards (treadwear,
traction, and temperature resistance) already in effect.
operations and research
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
For payment of obligations incurred in carrying out the provisions
of 23 U.S.C. 403, $105,500,000 to be derived from the Highway Trust Fund
(other than the Mass Transit Account) and to remain available until
expended: Provided, That none of the funds in this Act shall be
available for the planning or execution of programs the total
obligations for which, in fiscal year 2010, are in excess of
$105,500,000 for programs authorized under 23 U.S.C. 403: Provided
further, That within the $105,500,000 obligation limitation for
operations and research, $26,908,000 shall remain available until
September 30, 2011 and shall be in addition to the amount of any
limitation imposed on obligations for future years.
[[Page 123 STAT. 3054]]
national driver register
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
For payment of obligations incurred in carrying out chapter 303 of
title 49, United States Code, $4,000,000, to be derived from the Highway
Trust Fund (other than the Mass Transit Account) and to remain available
until expended: Provided, That none of the funds in this Act shall be
available for the implementation or execution of programs the total
obligations for which, in fiscal year 2010, are in excess of $4,000,000
for the National Driver Register authorized under such chapter.
national driver register modernization
For an additional amount for the ``National Driver Register'' as
authorized by chapter 303 of title 49, United States Code, $3,350,000,
to remain available through September 30, 2011: Provided, That the
funding made available under this heading shall be used to carry out the
modernization of the National Driver Register.
highway traffic safety grants
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
For payment of obligations incurred in carrying out the provisions
of 23 U.S.C. 402, 405, 406, 408, and 410 and sections 2001(a)(11), 2009,
2010, and 2011 of Public Law 109-59, to remain available until expended,
$619,500,000 to be derived from the Highway Trust Fund (other than the
Mass Transit Account): Provided, That none of the funds in this Act
shall be available for the planning or execution of programs the total
obligations for which, in fiscal year 2010, are in excess of
$619,500,000 for programs authorized under 23 U.S.C. 402, 405, 406, 408,
and 410 and sections 2001(a)(11), 2009, 2010, and 2011 of Public Law
109-59, of which $235,000,000 shall be for ``Highway Safety Programs''
under 23 U.S.C. 402; $25,000,000 shall be for ``Occupant Protection
Incentive Grants'' under 23 U.S.C. 405; $124,500,000 shall be for
``Safety Belt Performance Grants'' under 23 U.S.C. 406, and such
obligation limitation shall remain available until September 30, 2011 in
accordance with subsection (f) of such section 406 and shall be in
addition to the amount of any limitation imposed on obligations for such
grants for future fiscal years; $34,500,000 shall be for ``State Traffic
Safety Information System Improvements'' under 23 U.S.C. 408;
$139,000,000 shall be for ``Alcohol-Impaired Driving Countermeasures
Incentive Grant Program'' under 23 U.S.C. 410; $18,500,000 shall be for
``Administrative Expenses'' under section 2001(a)(11) of Public Law 109-
59; $29,000,000 shall be for ``High Visibility Enforcement Program''
under section 2009 of Public Law
[[Page 123 STAT. 3055]]
109-59; $7,000,000 shall be for ``Motorcyclist Safety'' under section
2010 of Public Law 109-59; and $7,000,000 shall be for ``Child Safety
and Child Booster Seat Safety Incentive Grants'' under section 2011 of
Public Law 109-59: Provided further, That none of these funds shall be
used for construction, rehabilitation, or remodeling costs, or for
office furnishings and fixtures for State, local or private buildings or
structures: Provided further, That not to exceed $500,000 of the funds
made available for section 410 ``Alcohol-Impaired Driving
Countermeasures Grants'' shall be available for technical assistance to
the States: Provided further, That not to exceed $750,000 of the funds
made available for the ``High Visibility Enforcement Program'' shall be
available for the evaluation required under section 2009(f) of Public
Law 109-59.
administrative provisions--national highway traffic safety
administration
(including rescissions)
Sec. 140. Notwithstanding any other provision of law or limitation
on the use of funds made available under section 403 of title 23, United
States Code, an additional $130,000 shall be made available to the
National Highway Traffic Safety Administration, out of the amount
limited for section 402 of title 23, United States Code, to pay for
travel and related expenses for State management reviews and to pay for
core competency development training and related expenses for highway
safety staff.
Sec. 141. The limitations on obligations for the programs of the
National Highway Traffic Safety Administration set in this Act shall not
apply to obligations for which obligation authority was made available
in previous public laws for multiple years but only to the extent that
the obligation authority has not lapsed or been used.
Sec. 142. Of the amounts made available under the heading
``Operations and Research (Liquidation of Contract Authorization)
(Limitation on Obligations) (Highway Trust Fund)'' in prior
appropriations Acts, $2,299,000 in unobligated balances are permanently
rescinded.
Sec. 143. Of the amounts made available under the heading ``Highway
Traffic Safety Grants (Liquidation of Contract Authorization)
(Limitation on Obligations) (Highway Trust Fund)'' in prior
appropriations Acts, $14,004,000 in unobligated balances are permanently
rescinded.
Federal Railroad Administration
safety and operations
For necessary expenses of the Federal Railroad Administration, not
otherwise provided for, $172,270,000, of which $12,300,000 shall remain
available until expended.
railroad research and development
For necessary expenses for railroad research and development,
$37,613,000, to remain available until expended.
[[Page 123 STAT. 3056]]
railroad rehabilitation and improvement financing program
The Secretary of Transportation is authorized to issue to the
Secretary of the Treasury notes or other obligations pursuant to section
512 of the Railroad Revitalization and Regulatory Reform Act of 1976
(Public Law 94-210), as amended, in such amounts and at such times as
may be necessary to pay any amounts required pursuant to the guarantee
of the principal amount of obligations under sections 511 through 513 of
such Act, such authority to exist as long as any such guaranteed
obligation is outstanding: Provided, That pursuant to section 502 of
such Act, as amended, no new direct loans or loan guarantee commitments
shall be made using Federal funds for the credit risk premium during
fiscal year 2010.
rail line relocation and improvement program
For necessary expenses of carrying out section 20154 of title 49,
United States Code, $34,532,000, to remain available until expended.
railroad safety technology program
For necessary expenses of carrying out section 20158 of title 49,
United States Code, $50,000,000, to remain available until expended:
Provided, That to be eligible for assistance under this heading, an
entity need not have developed plans required under subsection
20156(e)(2) of title 49, United States Code, and section 20157 of such
title.
capital <<NOTE: Grants.>> assistance for high speed rail corridors and
intercity passenger rail service
To enable the Secretary of Transportation to make grants for high-
speed rail projects as authorized under section 26106 of title 49,
United States Code, capital investment grants to support intercity
passenger rail service as authorized under section 24406 of title 49,
United States Code, and congestion grants as authorized under section
24105 of title 49, United States Code, and to enter into cooperative
agreements for these purposes as authorized, $2,500,000,000, to remain
available until expended: Provided, That $50,000,000 of funds provided
under this paragraph are available to the Administrator of the Federal
Railroad Administration to fund the award and oversight by the
Administrator of grants and cooperative agreements for intercity and
high-speed rail: Provided further, That up to $30,000,000 of the funds
provided under this paragraph are available to the Administrator for the
purposes of conducting research and demonstrating technologies
supporting the development of high-speed rail in the United States,
including the demonstration of next-generation rolling stock fleet
technology and the implementation of the Rail Cooperative Research
Program authorized by section 24910 of title 49, United States Code:
Provided further, That up to $50,000,000 of the funds provided under
this paragraph may be used for planning activities that lead directly to
the development of a passenger rail corridor investment plan consistent
with the requirements established by the Administrator or a state rail
plan consistent with chapter 227 of title 49, United States Code:
Provided further, That the Secretary may retain a
[[Page 123 STAT. 3057]]
portion of the funds made available for planning activities under the
previous proviso to facilitate the preparation of a service development
plan and related environmental impact statement for high-speed corridors
located in multiple States: <<NOTE: Guidance.>> Provided further, That
the Secretary shall issue interim guidance to applicants covering
application procedures and administer the grants provided under this
heading pursuant to that guidance until final regulations are issued:
Provided further, That not less than 85 percent of the funds provided
under this heading shall be for cooperative agreements that lead to the
development of entire segments or phases of intercity or high-speed rail
corridors: Provided further, <<NOTE: Rail plan. Deadline.>> That the
Secretary shall submit to Congress the national rail plan required by
section 103(j) of title 49, United States Code, no later than September
15, 2010: Provided further, <<NOTE: Deadline. Notification.>> That at
least 30 days prior to issuing a letter of intent or cooperative
agreement pursuant to Section 24402(f) of title 49, United States Code,
for a major corridor development program, the Secretary shall provide to
the House and Senate Committees on Appropriations written notification
consisting of a business and public investment case for the proposed
corridor program which shall include: a comprehensive analysis of the
monetary and non-monetary costs and benefits of the corridor development
program; an assessment of ridership, passenger travel time reductions,
congestion relief benefits, environmental benefits, economic benefits,
and other public benefits; operating financial forecasts for the
program; a full capital cost estimation for the entire project,
including the amount, source and security of non-Federal funds to
complete the project; a summary of the grants management plan and an
evaluation of the grantee's ability to sustain the project: Provided
further, That the Federal share payable of the costs for which a grant
or cooperative agreements is made under this heading shall not exceed 80
percent: Provided further, <<NOTE: Applicability.>> That in addition to
the provisions of title 49, United States Code, that apply to each of
the individual programs funded under this heading, subsections
24402(a)(2), 24402(f), 24402(i), and 24403(a) and (c) of title 49,
United States Code, shall also apply to the provision of funds provided
under this heading: Provided further, That a project need not be in a
State rail plan developed under Chapter 227 of title 49, United States
Code, to be eligible for assistance under this
heading: <<NOTE: Contracts.>> Provided further, That recipients of
grants under this paragraph shall conduct all procurement transactions
using such grant funds in a manner that provides full and open
competition, as determined by the Secretary, in compliance with existing
labor agreements.
operating grants to the national railroad passenger corporation
To enable the Secretary of Transportation to make quarterly grants
to the National Railroad Passenger Corporation for the operation of
intercity passenger rail, as authorized by section 101 of the Passenger
Rail Investment and Improvement Act of 2008 (division B of Public Law
110-432), $563,000,000, to remain available until expended:
Provided, <<NOTE: Determination.>> That the Secretary shall not make the
grants for the third and fourth quarter of the fiscal year available to
the Corporation until an Inspector General who is a member of the
Council of the Inspectors General on Integrity and Efficiency determines
that the Corporation and the Corporation's Inspector
[[Page 123 STAT. 3058]]
General have agreed upon a set of policies and procedures for
interacting with each other that are consistent with the letter and the
spirit of the Inspector General Act of 1978, as amended: Provided
further, <<NOTE: Time period. Evaluation.>> That 1 year after such
determination is made, the Council of the Inspectors General on
Integrity and Efficiency shall appoint another member to evaluate the
current operational independence of the Amtrak Inspector General:
Provided further, That the Corporation shall reimburse each Inspector
General for all costs incurred in conducting the determination and the
evaluation required by the preceding two provisos: Provided further,
That the amounts available under this paragraph shall be available for
the Secretary to approve funding to cover operating losses for the
Corporation only after receiving and reviewing a grant request for each
specific train route: Provided further, That each such grant request
shall be accompanied by a detailed financial analysis, revenue
projection, and capital expenditure projection justifying the Federal
support to the Secretary's satisfaction: Provided
further, <<NOTE: Deadline. Plan.>> That not later than 60 days after
enactment of this Act, the Corporation shall transmit to the Secretary,
the Inspector General of the Department of Transportation, and the House
and Senate Committees on Appropriations a plan to achieve savings
through operating efficiencies including, but not limited to,
modifications to food and beverage service and first class service:
Provided further, <<NOTE: Deadlines. Reports.>> That the Inspector
General of the Department of Transportation shall provide semiannual
reports to the House and Senate Committees on Appropriations on the
estimated savings accrued as a result of all operational reforms
instituted by the Corporation and estimations of possible future
savings: Provided further, <<NOTE: Electronic
submission. Deadline. Budget. Plans.>> That not later than 60 days after
enactment of this Act, the Corporation shall transmit, in electronic
format, to the Secretary, the Inspector General of Department of
Transportation, the House and Senate Committees on Appropriations, the
House Committee on Transportation and Infrastructure and the Senate
Committee on Commerce, Science, and Transportation the annual budget and
business plan and the 5-Year Financial Plan for fiscal year 2010
required under section 204 of the Passenger Rail Investment and
Improvement Act of 2008: Provided further, That the budget, business
plan, and the 5-Year Financial Plan shall also include a separate
accounting of ridership, revenues, and capital and operating expenses
for the Northeast Corridor; commuter service; long-distance Amtrak
service; State-supported service; each intercity train route, including
Autotrain; and commercial activities including contract operations:
Provided further, That the budget, business plan and the 5-Year
Financial Plan shall include a description of work to be funded, along
with cost estimates and an estimated timetable for completion of the
projects covered by these plans: Provided
further, <<NOTE: Deadlines. Reports. Electronic submission.>> That the
Corporation shall provide semiannual reports in electronic format
regarding the pending business plan, which shall describe the work
completed to date, any changes to the business plan, and the reasons for
such changes, and shall identify all sole source contract awards which
shall be accompanied by a justification as to why said contract was
awarded on a sole-source basis, as well as progress against the
milestones and target dates of the 2009 performance improvement plan:
Provided further, That the Corporation's budget, business plan, 5-Year
Financial Plan, and all subsequent supplemental plans shall be displayed
[[Page 123 STAT. 3059]]
on the Corporation's website within a reasonable timeframe following
their submission to the appropriate entities: Provided further, That
these plans shall be accompanied by a comprehensive fleet plan for all
Amtrak rolling stock which shall address the Corporation's detailed
plans and timeframes for the maintenance, refurbishment, replacement,
and expansion of the Amtrak fleet: Provided further, That said fleet
plan shall establish year-specific goals and milestones and discuss
potential, current, and preferred financing options for all such
activities: Provided further, That none of the funds under this heading
may be obligated or expended until the Corporation agrees to continue
abiding by the provisions of paragraphs 1, 2, 5, 9, and 11 of the
summary of conditions for the direct loan agreement of June 28, 2002, in
the same manner as in effect on the date of enactment of this
Act: <<NOTE: Budget request.>> Provided further, That concurrent with
the President's budget request for fiscal year 2011, the Corporation
shall submit to the House and Senate Committees on Appropriations a
budget request for fiscal year 2011 in similar format and substance to
those submitted by executive agencies of the Federal Government.
capital and debt service grants to the national railroad passenger
corporation
To enable the Secretary of Transportation to make grants to the
National Railroad Passenger Corporation for capital investments as
authorized by section 101(c) of the Passenger Rail Investment and
Improvement Act of 2008 (division B of Public Law 110-432),
$1,001,625,000, to remain available until expended, of which not to
exceed $264,000,000 shall be for debt service obligations as authorized
by section 102 of such Act: Provided, That grants after an initial
allocation of $200,000,000 shall be provided to the Corporation only on
a reimbursable basis: Provided further, That the Secretary may retain up
to one-half of 1 percent of the funds provided under this heading to
fund the costs of project management oversight of capital projects
funded by grants provided under this heading, as authorized by
subsection 101(d) of division B of Public Law 110-432: Provided further,
That the Secretary shall approve funding for capital expenditures,
including advance purchase orders of materials, for the Corporation only
after receiving and reviewing a grant request for each specific capital
project justifying the Federal support to the Secretary's satisfaction:
Provided further, That none of the funds under this heading may be used
to subsidize operating losses of the Corporation: Provided further, That
none of the funds under this heading may be used for capital projects
not approved by the Secretary of Transportation or on the Corporation's
fiscal year 2010 business plan: Provided further, That in addition to
the project management oversight funds authorized under section 101(d)
of of division B of Public Law 110-432, the Secretary may retain up to
an additional one-half of one percent of the funds provided under this
heading to fund expenses associated with implementing section 212 of of
division B of Public Law 110-432, including the amendments made by
section 212 to section 24905 of title 49, United States Code.
administrative provisions--federal railroad administration
Sec. 151. The Secretary may purchase promotional items of nominal
value for use in public outreach activities to accomplish
[[Page 123 STAT. 3060]]
the purposes of 49 U.S.C. 20134: <<NOTE: Guidelines.>> Provided, That
the Secretary shall prescribe guidelines for the administration of such
purchases and use.
Sec. 152. Hereafter, notwithstanding any other provision of law,
funds provided in this Act for the National Railroad Passenger
Corporation shall immediately cease to be available to said Corporation
in the event that the Corporation contracts to have services provided at
or from any location outside the United
States. <<NOTE: Definition.>> For purposes of this section, the word
``services'' shall mean any service that was, as of July 1, 2006,
performed by a full-time or part-time Amtrak employee whose base of
employment is located within the United States.
Sec. 153. The Secretary of Transportation may receive and expend
cash, or receive and utilize spare parts and similar items, from non-
United States Government sources to repair damages to or replace United
States Government owned automated track inspection cars and equipment as
a result of third party liability for such damages, and any amounts
collected under this section shall be credited directly to the Safety
and Operations account of the Federal Railroad Administration, and shall
remain available until expended for the repair, operation and
maintenance of automated track inspection cars and equipment in
connection with the automated track inspection program.
Sec. 154. <<NOTE: Reports. Deadlines.>> The Administrator of the
Federal Railroad Administration shall submit a report on April 1, 2010,
and quarterly reports thereafter, to the House and Senate Committees on
Appropriations detailing the Administrator's efforts at improving the
on-time performance of Amtrak intercity rail service operating on non-
Amtrak owned property. Such reports shall compare the most recent actual
on-time performance data to pre-established on-time performance goals
that the Administrator shall set for each rail service, identified by
route. Such reports shall also include whatever other information and
data regarding the on-time performance of Amtrak trains the
Administrator deems to be appropriate.
Sec. 155. In the Explanatory Statement referenced in division I of
Public Law 111-8 under the heading Railroad Research and Development the
item relating to ``San Gabriel trench grade separation project, Alameda
Corridor, CA'' is deemed to be amended by inserting ``Alameda Corridor
East Construction Authority Grade Separations, CA.''.
Sec. 156. In the Explanatory Statement referenced in division K of
Public Law 110-161 under the heading Rail Line Relocation and
Improvement Program the item relating to ``Mt. Vernon railroad cut, NY''
is deemed to be amended by inserting ``Rail Line and Station Improvement
and Rehabilitation, Mount Vernon, NY.''.
Sec. 157. <<NOTE: Washington.>> Notwithstanding any other provision
of law, funds provided in Public Law 111-8 for ``Lincoln Avenue Grade
Separation, Port of Tacoma, Washington'' shall be made available for
this project as therein described.
Sec. 158. <<NOTE: Illinois.>> The Administrator of the Federal
Railroad Administration, in cooperation with the Illinois Department of
Transportation (IDOT), may provide technical and financial assistance to
IDOT and local and county officials to study the feasibility of 10th
Street, or other alternatives, in Springfield, Illinois, as a route for
consolidated freight rail operations and/or combined freight and
passenger rail operations within the city of Springfield.
[[Page 123 STAT. 3061]]
Sec. 159. <<NOTE: Deadlines. Reports. 49 USC 24305 note.>> (a)
Amtrak Security Evaluation.--No later than 180 days after the enactment
of this Act, Amtrak, in consultation with the Assistant Secretary of
Homeland Security (Transportation Security Administration), shall submit
a report to Congress that contains--
(1) a comprehensive, system-wide, security evaluation; and
(2) proposed guidance and procedures necessary to implement a new
checked firearms program.
(b) <<NOTE: Firearms.>> Developement and Implementation of Guidance
and Procedures.--
(1) In General.--Not later than one year after the enactment of this
Act, Amtrak, in consultation with the Assistant Secretary, shall develop
and implement guidance and procedures to carry out the duties and
responsibilities of firearm storage and carriage in checked baggage cars
and at Amtrak stations that accept checked baggage.
(2) Scope.--The guidance and procedures developed under paragraph
(1) shall--
(A) permit Amtrak passengers holding a ticket for a specific
Amtrak route to place an unloaded firearm or starter pistol in a
checked bag on such route if--
(i) the Amtrak station accepts checked baggage for
such route;
(ii) the passenger declares to Amtrak, either orally
or in writing, at the time the reservation is made or
not later than 24 hours before departure, that the
firearm will be placed in his or her bag and will be
unloaded;
(iii) the firearm is in a hard-sided container;
(iv) such container is locked; and
(v) only the passenger has the key or combination
for such container;
(B) <<NOTE: Ammunition.>> permit Amtrak passengers holding a
ticket for a specific Amtrak route to place small arms
ammunition for personal use in a checked bag on such route if
the ammunition is securely packed--
(i) in fiber, wood, or metal boxes; or
(ii) in other packaging specifically designed to
carry small amounts of ammunition; and
(C) include any other measures needed to ensure the safety
and security of Amtrak employees, passengers, and
infrastructure, including--
(i) in fiber, wood, or metal boxes; or
(ii) in other packaging specifically designed to
carry small amounts of ammunition; and
(c) Definitions.--
(1) For purposes of this section, the term ``checked baggage''
refers to baggage transported that is accessible only to select Amtrak
employees.
Federal Transit Administration
administrative expenses
For necessary administrative expenses of the Federal Transit
Administration's programs authorized by chapter 53 of title 49, United
States Code, $98,911,000: Provided, That of the funds available under
this heading, not to exceed $1,809,000 shall be available
[[Page 123 STAT. 3062]]
for travel: Provided further, That none of the funds provided or limited
in this Act may be used to create a permanent office of transit security
under this heading: <<NOTE: Audits.>> Provided further, That of the
amounts made available under this heading not to exceed $75,000 shall be
paid from appropriations made available by this Act and provided to the
Department of Transportation Office of Inspector General through
reimbursement to conduct the annual audits of financial statements in
accordance with section 3521 of title 31, United States
Code: <<NOTE: Deadline. Reports.>> Provided further, That upon
submission to the Congress of the fiscal year 2011 President's budget,
the Secretary of Transportation shall transmit to Congress the annual
report on new starts, including proposed allocations of funds for fiscal
year 2011.
formula and bus grants
(liquidation of contract authority)
(limitation on obligations)
(highway trust fund)
For payment of obligations incurred in carrying out the provisions
of 49 U.S.C. 5305, 5307, 5308, 5309, 5310, 5311, 5316, 5317, 5320, 5335,
5339, and 5340 and section 3038 of Public Law 105-178, as amended,
$9,400,000,000 to be derived from the Mass Transit Account of the
Highway Trust Fund and to remain available until expended: Provided,
That funds available for the implementation or execution of programs
authorized under 49 U.S.C. 5305, 5307, 5308, 5309, 5310, 5311, 5316,
5317, 5320, 5335, 5339, and 5340 and section 3038 of Public Law 105-178,
as amended, shall not exceed total obligations of $8,343,171,000 in
fiscal year 2010.
research and university research centers
For necessary expenses to carry out 49 U.S.C. 5306, 5312-5315, 5322,
and 5506, $65,670,000, to remain available until expended: Provided,
That $10,000,000 is available to carry out the transit cooperative
research program under section 5313 of title 49, United States Code,
$4,300,000 is available for the National Transit Institute under section
5315 of title 49, United States Code, and $7,000,000 is available for
university transportation centers program under section 5506 of title
49, United States Code: Provided further, That $44,370,000 is available
to carry out national research programs under sections 5312, 5313, 5314,
and 5322 of title 49, United States Code: Provided further, That of the
funds available to carry out section 5312 of title 49, United States
Code, $5,000,000 shall be available to the Secretary to develop
standards for asset management plans, provide technical assistance to
recipients engaged in the development or implementation of an asset
management plan, improve data collection through the National Transit
Database, and conduct a pilot program designed to identify the best
practices of asset management.
[[Page 123 STAT. 3063]]
capital investment grants
(including transfer of funds)
For necessary expenses to carry out section 5309 of title 49, United
States Code, $2,000,000,000, to remain available until expended, of
which no less than $200,000,000 is for section 5309(e) of such title:
Provided, That $2,000,000 shall be transferred to the Department of
Transportation Office of Inspector General from funds set aside for the
execution of oversight contracts pursuant to section 5327(c) of title
49, United States Code, for costs associated with audits and
investigations of transit-related issues, including reviews of new fixed
guideway systems.
grants for energy efficiency and greenhouse gas reductions
For grants to public transit agencies for capital investments that
will reduce the energy consumption or greenhouse gas emissions of their
public transportation systems, $75,000,000, to remain available through
September 30, 2012: Provided, That priority shall be given to projects
based on the total energy savings that are projected to result from the
investments, and the projected energy savings as a percentage of the
total energy usage of the public transit
agency: <<NOTE: Deadlines. Criteria. Publication.>> Provided further,
That the Secretary shall public criteria on which to base the
competition for any grants awarded under this heading no sooner than 90
days after the enactment of this Act, require applications for funding
provided under this heading to be submitted no sooner than 120 days
after the publication of such criteria, and announce all projects
selected to be funded from funds provided under this heading no sooner
than September 15, 2010.
grants to the washington metropolitan area transit authority
For grants to the Washington Metropolitan Area Transit Authority as
authorized under section 601 of division B of Public Law 110-432,
$150,000,000, to remain available until expended: Provided, That the
Secretary shall approve grants for capital and preventive maintenance
expenditures for the Washington Metropolitan Area Transit Authority only
after receiving and reviewing a request for each specific
project: <<NOTE: Determination.>> Provided further, That prior to
approving such grants, the Secretary shall determine that the Washington
Metropolitan Area Transit Authority has placed the highest priority on
those investments that will improve the safety of the system, including
but not limited to fixing the track signal system, replacing the 1000
series cars, installing guarded turnouts, buying equipment for wayside
worker protection, and installing rollback protection on cars that are
not equipped with this safety feature.
administrative provisions--federal transit administration
Sec. 160. The limitations on obligations for the programs of the
Federal Transit Administration shall not apply to any authority under 49
U.S.C. 5338, previously made available for obligation, or to any other
authority previously made available for obligation.
[[Page 123 STAT. 3064]]
Sec. 161. Notwithstanding any other provision of law, funds
appropriated or limited by this Act under ``Federal Transit
Administration, Capital Investment Grants'' and for bus and bus
facilities under ``Federal Transit Administration, Formula and Bus
Grants'' for projects specified in this Act or identified in reports
accompanying this Act not obligated by September 30, 2012, and other
recoveries, shall be directed to projects eligible to use the funds for
the purposes for which they were originally provided.
Sec. 162. Notwithstanding any other provision of law, any funds
appropriated before October 1, 2009, under any section of chapter 53 of
title 49, United States Code, that remain available for expenditure, may
be transferred to and administered under the most recent appropriation
heading for any such section.
Sec. 163. Notwithstanding any other provision of law, unobligated
funds made available for new fixed guideway system projects under the
heading ``Federal Transit Administration, Capital investment grants'' in
any appropriations Act prior to this Act may be used during this fiscal
year to satisfy expenses incurred for such projects.
Sec. 164. During fiscal year 2010, each Federal Transit
Administration grant for a project that involves the acquisition or
rehabilitation of a bus to be used in public transportation shall be
funded for 90 percent of the net capital costs of a biodiesel bus or a
factory-installed or retrofitted hybrid electric propulsion system and
any equipment related to such a system: Provided, That the Secretary
shall have the discretion to determine, through practicable
administrative procedures, the costs attributable to the system and
related-equipment.
Sec. 165. Notwithstanding any other provision of law, unobligated
funds or recoveries under section 5309 of title 49, United States Code,
that are available to the Secretary of Transportation for reallocation
shall be directed to projects eligible to use the funds for the purposes
for which they were originally provided.
Sec. 166. (a) In the explanatory statement referenced in section 186
of title I of division K of Public Law 110-161 (121 Stat. 2406), the
item relating to ``Broward County Southwest Transit Facility'' in the
table of projects under the heading ``Bus and Bus Facilities'' is deemed
to be amended by striking ``Southwest'' and inserting ``Ravenswood''.
(b) The explanatory statement referenced in section 186 of title I
of division I of Public Law 111-8 for ``Alternatives analysis'' under
``Federal Transit Administration-Formula and Bus Grants'' is deemed to
be amended by striking ``Hudson-Bergen Light Rail Extension Route 440,
North Bergen, NJ'' and inserting ``Hudson-Bergen Light Rail Extension
Route 440, Jersey City, NJ''.
(c) Funds made available for the ``Phoenix/Regional Heavy
Maintenance Facility, AZ'', ``Dial-a-Ride facility, Phoenix, AZ'' and
the ``Phoenix Regional Heavy Bus Maintenance Facility, Arizona'' through
the Department of Transportation Appropriations Acts for Fiscal Years
2004, 2005 and 2008 that remain unobligated or unexpended shall be made
available to the East Baseline Park-and-Ride Facility in Phoenix,
Arizona.
Sec. 167. Funds made available for Alaska or Hawaii ferry boats or
ferry terminal facilities pursuant to 49 U.S.C. 5309(m)(2)(B) may be
used to construct new vessels and facilities, or to improve existing
vessels and facilities, including both the passenger and vehicle-related
elements of such vessels and facilities, and for repair
[[Page 123 STAT. 3065]]
facilities: Provided, That not more than $4,000,000 of the funds made
available pursuant to 49 U.S.C. 5309(m)(2)(B) may be used by the City
and County of Honolulu to operate a passenger ferry boat service
demonstration project to test the viability of different intra-island
ferry boat routes and technologies.
Sec. 168. In determining the local share of the cost of the project
authorized to be carried out under section 3043(c)(70) of the Safe,
Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for
Users (Public Law 109-59; 119 Stat. 1644) for purposes of the rating
process for New Starts projects, the Secretary shall consider any
portion of the corridor advanced entirely with non-Federal funds.
Sec. 169. <<NOTE: Recommenda- tions.>> The Secretary of
Transportation shall provide recommendations to Congress, including
legislative proposals, on how to strengthen its role in regulating the
safety of transit agencies operating heavy rail on fixed guideway:
Provided, That the Secretary shall include actions the Department of
Transportation will take and what additional legislative authorities it
may need in order to fully implement recommendations of the National
Transportation Safety Board directed at the Federal Transit
Administration, including but not limited to recommendations related to
crashworthiness, emergency access and egress, event recorders, and hours
of service: <<NOTE: Reports. Implementation plan. Deadline.>> Provided
further, That the Secretary shall transmit to the House and Senate
Committees on Appropriations, the House Committee on Transportation and
Infrastructure, and the Senate Committee on Banking, Housing, and Urban
Affairs a report outlining these recommendations and a plan for their
implementation by the Department of Transportation no later than 45 days
after enactment of this Act.
Sec. 170. Notwithstanding any other provision of law, the Secretary
of Transportation shall not reallocate any funding made available for
items 523, 267, and 131 of section 3044 of the Safe, Accountable,
Flexible, Efficient Transportation Equity Act: A Legacy for Users
(Public Law 109-59).
Sec. 171. Notwithstanding any other provision of law, for fiscal
year 2010, the total estimated amount of future obligations of the
Government and contingent commitments to incur obligations covered by
all outstanding full funding grant agreements entered into on or before
September 30, 2009, and all outstanding letters of intent and early
systems work agreements under subsection 5309(g) of Title 49, United
States Code, for major new fixed guideway capital projects may be not
more than the sum of the amount authorized under subsections
5338(a)(3)(iv) and 5338(c) of such title for such projects and an amount
equivalent to the last 3 fiscal years of funding allocated under
subsections 5309(m)(1)(A) and (m)(2)(A)(ii) of such title, for such
projects, less an amount the Secretary reasonably estimates is necessary
for grants under subsection 5309(b)(1) of such title for those of such
projects that are not covered by a letter or
agreement: <<NOTE: Determination.>> Provided, That the Secretary may
enter into full funding grant agreements under subsection 5309(g)(2) of
such title for major new fixed guideway capital projects that contain
contingent commitments to incur obligations in such amounts as the
Secretary determines are appropriate.
Sec. 172. None of the funds provided or limited under this Act may
be used to enforce regulations related to charter bus service under part
604 of title 49, Code of Federal Regulations, for any transit agency who
during fiscal year 2008 was both initially
[[Page 123 STAT. 3066]]
granted a 60-day period to come into compliance with part 604, and then
was subsequently granted an exception from said part.
Sec. 173. <<NOTE: 49 USC 5309 note.>> Hereafter, for interstate
multi-modal projects which are in Interstate highway corridors, the
Secretary shall base the rating under section 5309(d) of title 49,
United States Code, of the non-New Starts share of the public
transportation element of the project on the percentage of non-New
Starts funds in the unified finance plan for the multi-modal project:
Provided, That the Secretary shall base the accounting of local matching
funds on the total amount of all local funds incorporated in the unified
finance plan for the multi-modal project for the purposes of funding
under chapter 53 of title 49, United States Code and title 23, United
States Code: <<NOTE: Evaluation.>> Provided further, That the Secretary
shall evaluate the justification for the project under section 5309(d)
of title 49, United States Code, including cost effectiveness, on the
public transportation costs and public transportation benefits.
Saint Lawrence Seaway Development Corporation
<<NOTE: Expenditure authority. Contracts.>> The Saint Lawrence
Seaway Development Corporation is hereby authorized to make such
expenditures, within the limits of funds and borrowing authority
available to the Corporation, and in accord with law, and to make such
contracts and commitments without regard to fiscal year limitations as
provided by section 104 of the Government Corporation Control Act, as
amended, as may be necessary in carrying out the programs set forth in
the Corporation's budget for the current fiscal year.
operations and maintenance
(harbor maintenance trust fund)
For necessary expenses for operations, maintenance, and capital
asset renewal of those portions of the Saint Lawrence Seaway owned,
operated, and maintained by the Saint Lawrence Seaway Development
Corporation, $32,324,000, to be derived from the Harbor Maintenance
Trust Fund, pursuant to Public Law 99-662.
Maritime Administration
maritime security program
For necessary expenses to maintain and preserve a U.S.-flag merchant
fleet to serve the national security needs of the United States,
$174,000,000, to remain available until expended.
operations and training
For necessary expenses of operations and training activities
authorized by law, $149,750,000, of which $11,240,000 shall remain
available until expended for maintenance and repair of training ships at
State Maritime Academies, and of which $15,000,000 shall remain
available until expended for capital improvements at the United States
Merchant Marine Academy, and of which $59,057,000 shall be available for
operations at the United States Merchant Marine Academy: Provided, That
amounts apportioned for the United States Merchant Marine Academy shall
be available only upon allotments made personally by the Secretary of
Transportation
[[Page 123 STAT. 3067]]
or the Assistant Secretary for Budget and Programs: Provided further,
That the Superintendent, Deputy Superintendent and the Director of the
Office of Resource Management of the United States Merchant Marine
Academy may not be allotment holders for the United States Merchant
Marine Academy, and the Administrator of Maritime Administration shall
hold all allotments made by the Secretary of Transportation or the
Assistant Secretary for Budget and Programs under the previous
proviso: <<NOTE: Expenditure plan.>> Provided further, That 50 percent
of the funding made available for the United States Merchant Marine
Academy under this heading shall be available only after the Secretary,
in consultation with the Superintendent and the Maritime Administration,
completes a plan detailing by program or activity and by object class
how such funding will be expended at the Academy, and this plan is
submitted to the House and Senate Committees on Appropriations.
ship disposal
For necessary expenses related to the disposal of obsolete vessels
in the National Defense Reserve Fleet of the Maritime Administration,
$15,000,000, to remain available until expended.
assistance to small shipyards <<NOTE: Grants. Deadlines.>>
To make grants to qualified shipyards as authorized under section
3508 of Public Law 110-417 or section 54101 of title 46, United States
Code, $15,000,000, to remain available until expended: Provided, That to
be considered for assistance, a qualified shipyard shall submit an
application for assistance no later than 60 days after enactment of this
Act: Provided further, That from applications submitted under the
previous proviso, the Secretary of Transportation shall make grants no
later than 120 days after enactment of this Act in such amounts as the
Secretary determines: Provided further, That not to exceed 2 percent of
the funds appropriated under this heading shall be available for
necessary costs of grant administration.
maritime guaranteed loan (title xi) program account
(including transfer of funds)
For the cost of guaranteed loans, as authorized, $9,000,000, of
which $5,000,000 shall remain available until expended: Provided, That
such costs, including the cost of modifying such loans, shall be as
defined in section 502 of the Congressional Budget Act of 1974, as
amended: Provided further, That not to exceed $4,000,000 shall be
available for administrative expenses to carry out the guaranteed loan
program, which shall be transferred to and merged with the appropriation
for ``Operations and Training'', Maritime Administration.
administrative provisions--maritime administration
Sec. 175. Notwithstanding any other provision of this Act, the
Maritime Administration is authorized to furnish utilities and services
and make necessary repairs in connection with any lease, contract, or
occupancy involving Government property under control of the Maritime
Administration, and payments received therefor
[[Page 123 STAT. 3068]]
shall be credited to the appropriation charged with the cost thereof:
Provided, That rental payments under any such lease, contract, or
occupancy for items other than such utilities, services, or repairs
shall be covered into the Treasury as miscellaneous receipts.
Sec. 176. Section 51314 of title 46, United States Code, is amended
in subsection (b) by inserting at the end ``Such fees shall be credited
to the Maritime Administration's Operations and Training appropriation,
to remain available until expended, for those expenses directly related
to the purposes of the fees. Fees collected in excess of actual expenses
may be refunded to the Midshipmen through a mechanism approved by the
Secretary. The Academy shall maintain a separate and detailed accounting
of fee revenue and all associated expenses.''.
Pipeline and Hazardous Materials Safety Administration
operational expenses
(pipeline safety fund)
(including transfer of funds)
For necessary operational expenses of the Pipeline and Hazardous
Materials Safety Administration, $21,132,000, of which $639,000 shall be
derived from the Pipeline Safety Fund: Provided, That $1,000,000 shall
be transferred to ``Pipeline Safety'' in order to fund ``Pipeline Safety
Information Grants to Communities'' as authorized under section 60130 of
title 49, United States Code.
hazardous materials safety
For expenses necessary to discharge the hazardous materials safety
functions of the Pipeline and Hazardous Materials Safety Administration,
$37,994,000, of which $1,699,000 shall remain available until September
30, 2012: Provided, That up to $800,000 in fees collected under 49
U.S.C. 5108(g) shall be deposited in the general fund of the Treasury as
offsetting receipts: Provided further, That there may be credited to
this appropriation, to be available until expended, funds received from
States, counties, municipalities, other public authorities, and private
sources for expenses incurred for training, for reports publication and
dissemination, and for travel expenses incurred in performance of
hazardous materials exemptions and approvals functions.
pipeline safety
(pipeline safety fund)
(oil spill liability trust fund)
For expenses necessary to conduct the functions of the pipeline
safety program, for grants-in-aid to carry out a pipeline safety
program, as authorized by 49 U.S.C. 60107, and to discharge the pipeline
program responsibilities of the Oil Pollution Act of 1990, $105,239,000,
of which $18,905,000 shall be derived from the Oil Spill Liability Trust
Fund and shall remain available until September 30, 2012; and of which
$86,334,000 shall be derived from
[[Page 123 STAT. 3069]]
the Pipeline Safety Fund, of which $47,332,000 shall remain available
until September 30, 2012: Provided, That not less than $1,048,000 of the
funds provided under this heading shall be for the one-call State grant
program.
emergency preparedness grants
(emergency preparedness fund)
For necessary expenses to carry out 49 U.S.C. 5128(b), $188,000, to
be derived from the Emergency Preparedness Fund, to remain available
until September 30, 2011: Provided, That not more than $28,318,000 shall
be made available for obligation in fiscal year 2010 from amounts made
available by 49 U.S.C. 5116(I) and 5128(b)-(c): Provided further, That
none of the funds made available by 49 U.S.C. 5116(I), 5128(b), or
5128(c) shall be made available for obligation by individuals other than
the Secretary of Transportation, or his designee.
Research and Innovative Technology Administration
research and development
For necessary expenses of the Research and Innovative Technology
Administration, $13,007,000, of which $6,036,000 shall remain available
until September 30, 2012: Provided, That there may be credited to this
appropriation, to be available until expended, funds received from
States, counties, municipalities, other public authorities, and private
sources for expenses incurred for training.
Office of Inspector General
salaries and expenses
For necessary expenses of the Office of Inspector General to carry
out the provisions of the Inspector General Act of 1978, as amended,
$75,114,000: Provided, That the Inspector General shall have all
necessary authority, in carrying out the duties specified in the
Inspector General Act, as amended (5 U.S.C. App. 3), to investigate
allegations of fraud, including false statements to the government (18
U.S.C. 1001), by any person or entity that is subject to regulation by
the Department: Provided further, That the funds made available under
this heading shall be used to investigate, pursuant to section 41712 of
title 49, United States Code: (1) unfair or deceptive practices and
unfair methods of competition by domestic and foreign air carriers and
ticket agents; and (2) the compliance of domestic and foreign air
carriers with respect to item (1) of this proviso.
Surface Transportation Board
salaries and expenses
For necessary expenses of the Surface Transportation Board,
including services authorized by 5 U.S.C. 3109, $29,066,000: Provided,
That notwithstanding any other provision of law, not to exceed
$1,250,000 from fees established by the Chairman of the
[[Page 123 STAT. 3070]]
Surface Transportation Board shall be credited to this appropriation as
offsetting collections and used for necessary and authorized expenses
under this heading: Provided further, That the sum herein appropriated
from the general fund shall be reduced on a dollar-for-dollar basis as
such offsetting collections are received during fiscal year 2010, to
result in a final appropriation from the general fund estimated at no
more than $27,816,000.
General Provisions--department of Transportation
Sec. 180. During the current fiscal year applicable appropriations
to the Department of Transportation shall be available for maintenance
and operation of aircraft; hire of passenger motor vehicles and
aircraft; purchase of liability insurance for motor vehicles operating
in foreign countries on official department business; and uniforms or
allowances therefor, as authorized by law (5 U.S.C. 5901-5902).
Sec. 181. Appropriations contained in this Act for the Department
of Transportation shall be available for services as authorized by 5
U.S.C. 3109, but at rates for individuals not to exceed the per diem
rate equivalent to the rate for an Executive Level IV.
Sec. 182. <<NOTE: Appointees.>> None of the funds in this Act shall
be available for salaries and expenses of more than 110 political and
Presidential appointees in the Department of Transportation: Provided,
That none of the personnel covered by this provision may be assigned on
temporary detail outside the Department of Transportation.
Sec. 183. None of the funds in this Act shall be used to implement
section 404 of title 23, United States Code.
Sec. 184. (a) No recipient of funds made available in this Act shall
disseminate personal information (as defined in 18 U.S.C. 2725(3))
obtained by a State department of motor vehicles in connection with a
motor vehicle record as defined in 18 U.S.C. 2725(1), except as provided
in 18 U.S.C. 2721 for a use permitted under 18 U.S.C. 2721.
(b) Notwithstanding subsection (a), the Secretary shall not withhold
funds provided in this Act for any grantee if a State is in
noncompliance with this provision.
Sec. 185. Funds received by the Federal Highway Administration,
Federal Transit Administration, and Federal Railroad Administration from
States, counties, municipalities, other public authorities, and private
sources for expenses incurred for training may be credited respectively
to the Federal Highway Administration's ``Federal-Aid Highways''
account, the Federal Transit Administration's ``Research and University
Research Centers'' account, and to the Federal Railroad Administration's
``Safety and Operations'' account, except for State rail safety
inspectors participating in training pursuant to 49 U.S.C. 20105.
Sec. 186. Funds provided or limited in this Act under the
appropriate accounts within the Federal Highway Administration, the
Federal Railroad Administration and the Federal Transit Administration
shall be for the eligible programs, projects and activities in the
corresponding amounts identified in the committee report accompanying
this Act for ``Ferry Boats and Ferry Terminal Facilities'', ``Federal
Lands'', ``Interstate Maintenance Discretionary'', ``Transportation,
Community and System Preservation Program'', ``Delta Region
Transportation Development Program'', ``Rail Line Relocation and
Improvement Program'', ``Rail-highway
[[Page 123 STAT. 3071]]
crossing hazard eliminations'', ``Capital Investment Grants'',
``Alternatives analysis'', and ``Bus and bus facilities''.
Sec. 187. Notwithstanding any other provisions of law, rule or
regulation, the Secretary of Transportation is authorized to allow the
issuer of any preferred stock heretofore sold to the Department to
redeem or repurchase such stock upon the payment to the Department of an
amount determined by the Secretary.
Sec. 188. <<NOTE: Grants. Notifications. Deadline.>> None of the
funds in this Act to the Department of Transportation may be used to
make a grant unless the Secretary of Transportation notifies the House
and Senate Committees on Appropriations not less than 3 full business
days before any discretionary grant award, letter of intent, or full
funding grant agreement totaling $1,000,000 or more is announced by the
department or its modal administrations from: (1) any discretionary
grant program of the Federal Highway Administration including the
emergency relief program; (2) the airport improvement program of the
Federal Aviation Administration; (3) any grant from the Federal Railroad
Administration; or (4) any program of the Federal Transit Administration
other than the formula grants and fixed guideway modernization programs:
Provided, That the Secretary gives concurrent notification to the House
and Senate Committees on Appropriations for any ``quick release'' of
funds from the emergency relief program: Provided further, That no
notification shall involve funds that are not available for obligation.
Sec. 189. Rebates, refunds, incentive payments, minor fees and
other funds received by the Department of Transportation from travel
management centers, charge card programs, the subleasing of building
space, and miscellaneous sources are to be credited to appropriations of
the Department of Transportation and allocated to elements of the
Department of Transportation using fair and equitable criteria and such
funds shall be available until expended.
Sec. 190. Amounts made available in this or any other Act that the
Secretary determines represent improper payments by the Department of
Transportation to a third-party contractor under a financial assistance
award, which are recovered pursuant to law, shall be available--
(1) to reimburse the actual expenses incurred by the
Department of Transportation in recovering improper payments;
and
(2) to pay contractors for services provided in recovering
improper payments or contractor support in the implementation of
the Improper Payments Information Act of 2002: Provided, That
amounts in excess of that required for paragraphs (1) and (2)--
(A) shall be credited to and merged with the
appropriation from which the improper payments were
made, and shall be available for the purposes and period
for which such appropriations are available; or
(B) if no such appropriation remains available,
shall be deposited in the Treasury as miscellaneous
receipts: Provided further, <<NOTE: Notification.>> That
prior to the transfer of any such recovery to an
appropriations account, the Secretary shall notify to
the House and Senate Committees on Appropriations of the
amount and reasons for such transfer: Provided further,
That for purposes of this section, the term
[[Page 123 STAT. 3072]]
``improper payments'', has the same meaning as that
provided in section 2(d)(2) of Public Law 107-300.
Sec. 191. <<NOTE: Notification.>> Notwithstanding any other
provision of law, if any funds provided in or limited by this Act are
subject to a reprogramming action that requires notice to be provided to
the House and Senate Committees on Appropriations, said reprogramming
action shall be approved or denied solely by the Committees on
Appropriations: <<NOTE: Deadline.>> Provided, That the Secretary may
provide notice to other congressional committees of the action of the
Committees on Appropriations on such reprogramming but not sooner than
30 days following the date on which the reprogramming action has been
approved or denied by the House and Senate Committees on Appropriations.
Sec. 192. <<NOTE: Filing fees.>> None of the funds appropriated or
otherwise made available under this Act may be used by the Surface
Transportation Board of the Department of Transportation to charge or
collect any filing fee for rate complaints filed with the Board in an
amount in excess of the amount authorized for district court civil suit
filing fees under section 1914 of title 28, United States Code.
Sec. 193. Notwithstanding section 3324 of Title 31, United States
Code, in addition to authority provided by section 327 of title 49,
United States Code, the Department's Working Capital fund is hereby
authorized to provide payments in advance to vendors that are necessary
to carry out the Federal transit pass transportation fringe benefit
program under Executive Order 13150 and section 3049 of Public Law 109-
59: <<NOTE: Contracts.>> Provided, that the Department shall include
adequate safeguards in the contract with the vendors to ensure timely
and high quality performance under the contract.
Sec. 194. (a) In General.--Section 127(a)(11) of title 23, United
States Code, is amended by striking ``that portion of the Maine Turnpike
designated Route 95 and 495, and that portion of Interstate Route 95
from the southern terminus of the Maine Turnpike to the New Hampshire
State line, laws (including regulations)'' and inserting ``all portions
of the Interstate Highway System in the State, laws (including
regulations)''.
(b) <<NOTE: 23 USC 127 note.>> Period of Effectiveness.--The
amendment made by subsection (a) shall be in effect during the 1-year
period beginning on the date of enactment of this Act.
(c) Reversion. <<NOTE: Effecive date. 23 USC 127 note.>> --Effective
as of the date that is 366 days after the date of enactment of this Act,
section 127(a)(11) of title 23, United States Code, is amended by
striking ``all portions of the Interstate Highway System in the State,
laws (including regulations)'' and inserting ``that portion of the Maine
Turnpike designated Route 95 and 495, and that portion of Interstate
Route 95 from the southern terminus of the Maine Turnpike to the New
Hampshire State line, laws (including regulations)''.
(d) Vermont Pilot Program.--Section 127(a) of title 23, United
States Code, is amended by adding at the end the following:
``(13) Vermont pilot program.--
``(A) In general. <<NOTE: Applicability.>> --With
respect to Interstate Routes 89, 91, and 93 in the State
of Vermont, laws (including regulations) of that State
concerning vehicle weight limitations applicable to
State highways other than the Interstate system shall be
applicable in lieu of the requirements of this
subsection.''.
[[Page 123 STAT. 3073]]
(e) <<NOTE: 23 USC 127 note.>> Period of Effectiveness for the
Vermont Pilot Program.--The amendment made by subsection (d) shall be in
effect during the 1-year period beginning on the date of enactment of
this Act.
(f) Reversion for the Vermont Pilot Program. <<NOTE: Effective
date. 23 USC 127 note.>> --Effective as of the date that is 366 days
after the date of enactment of this Act, section 127(a) of title 23,
United States Code, is amended by striking paragraph (13).
(g) Report on the Vermont Pilot Program.--Not later than 2 years
after the date of enactment of this paragraph, the Secretary shall
complete and submit to Congress a report on the effects of the pilot
program under this paragraph on highway safety, bridge and road
durability, commerce, truck volumes, and energy use within the State of
Vermont.
Sec. 195. <<NOTE: Study.>> The Secretary shall initiate an
independent and comprehensive study and analysis to supplement that
authorized under section 108, division C, of Public Law 111-8: Provided,
That the Department of Transportation shall work with and coordinate
with the Departments of Energy, Commerce and Agriculture to develop a
comprehensive understanding of the full value of river flow support to
users in the Mississippi and Missouri Rivers: Provided further, That
subjects of analysis shall include energy (including hydropower and
generation cooling), and water transport (including water-compelled
rates, projected total transportation congestion considerations,
transportation energy efficiency, air quality and carbon emissions) and
water users (including the number and distribution of people,
households, municipalities, and business throughout the Missouri and
Mississippi River basins who use river water for multiple purposes):
Provided further, That in addition to understanding current value, the
Department is directed to work with appropriate Federal partners to
develop recommendations on how to minimize impediments to growth and
maximize water value of benefits related to energy production and
efficiency, congestion relief, trade and transport efficiency, and air
quality: Provided further, <<NOTE: Recommenda- tions.>> That the
Department of Transportation shall provide its analysis and
recommendations to the U.S. Army Corps of Engineers, the White House,
and the Congress: Provided further, That $2,000,000 is available until
expended for such purposes.
Sec. 196. <<NOTE: Nevada.>> Notwithstanding any other provision of
law, funds made available under section 330 of the Fiscal Year 2002
Department of Transportation and Related Agencies Appropriations Act
(Public Law 107-87) for the Las Vegas, Nevada Monorail Project, funds
made available under section 115 of the Fiscal Year 2004 Transportation,
Treasury and Independent Agencies Appropriations Act (Public Law 108-
199) for the North Las Vegas Intermodal Transit Hub, and funds made
available for the CATRAIL RTC Rail Project, Nevada in the Fiscal Year
2005 Transportation, Treasury, Independent Agencies and General
Government Appropriations Act (Public Law 108-447), as well as any
unexpended funds in the Federal Transit Administration grant numbers NV-
03-0024 and NV-03-0027, shall be made available until expended to the
Regional Transportation Commission of Southern Nevada for bus and bus-
related projects and bus rapid transit projects: Provided, That the
funds made available for a project in accordance with this section shall
be administered under the terms and conditions set forth in 49 U.S.C.
5307, to the extent applicable.
[[Page 123 STAT. 3074]]
This title may be cited as the ``Department of Transportation
Appropriations Act, 2010''.
TITLE II <<NOTE: Department of Housing and Urban Development
Appropriations Act, 2010.>>
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Management and Administration
Executive Direction
For necessary salaries and expenses for Executive Direction,
$26,855,000, of which not to exceed $4,619,000 shall be available for
the immediate Office of the Secretary and Deputy Secretary; not to
exceed $1,703,000 shall be available for the Office of Hearings and
Appeals; not to exceed $778,000 shall be available for the Office of
Small and Disadvantaged Business Utilization; not to exceed $727,000
shall be available for the immediate Office of the Chief Financial
Officer; not to exceed $1,474,000 shall be available for the immediate
Office of the General Counsel; not to exceed $2,912,000 shall be
available to the Office of the Assistant Secretary for Congressional and
Intergovernmental Relations; not to exceed $3,996,000 shall be available
for the Office of the Assistant Secretary for Public Affairs; not to
exceed $1,218,000 shall be available for the Office of the Assistant
Secretary for Administration; not to exceed $2,125,000 shall be
available to the Office of the Assistant Secretary for Public and Indian
Housing; not to exceed $1,781,000 shall be available to the Office of
the Assistant Secretary for Community Planning and Development; not to
exceed $3,497,000 shall be available to the Office of the Assistant
Secretary for Housing, Federal Housing Commissioner; not to exceed
$1,097,000 shall be available to the Office of the Assistant Secretary
for Policy Development and Research; and not to exceed $928,000 shall be
available to the Office of the Assistant Secretary for Fair Housing and
Equal Opportunity: Provided, <<NOTE: Transfer
authority. Notification.>> That the Secretary of the Department of
Housing and Urban Development is authorized to transfer funds
appropriated for any office funded under this heading to any other
office funded under this heading following the written notification to
the House and Senate Committees on Appropriations: Provided further,
That no appropriation for any office shall be increased or decreased by
more than 5 percent by all such transfers: Provided
further, <<NOTE: Notice.>> That notice of any change in funding greater
than 5 percent shall be submitted for prior approval to the House and
Senate Committees on Appropriations: <<NOTE: Notification.>> Provided
further, That the Secretary shall provide the Committees on
Appropriations quarterly written notification regarding the status of
pending congressional reports: Provided
further, <<NOTE: Reports. Electronic submission.>> That the Secretary
shall provide all signed reports required by Congress electronically:
Provided further, That not to exceed $25,000 of the amount made
available under this paragraph for the immediate Office of the Secretary
shall be available for official reception and representation expenses as
the Secretary may determine.
administration, operations and management
For necessary salaries and expenses for administration, operations
and management for the Department of Housing and Urban Development,
$537,011,000, of which not to exceed $76,958,000
[[Page 123 STAT. 3075]]
shall be available for the personnel compensation and benefits of the
Office of Administration; not to exceed $9,623,000 shall be available
for the personnel compensation and benefits of the Office of
Departmental Operations and Coordination; not to exceed $51,275,000
shall be available for the personnel compensation and benefits of the
Office of Field Policy and Management; not to exceed $14,649,000 shall
be available for the personnel compensation and benefits of the Office
of the Chief Procurement Officer; not to exceed $35,197,000 shall be
available for the personnel compensation and benefits of the remaining
staff in the Office of the Chief Financial Officer; not to exceed
$89,062,000 shall be available for the personnel compensation and
benefits of the remaining staff in the Office of the General Counsel;
not to exceed $3,296,000 shall be available for the personnel
compensation and benefits of the Office of Departmental Equal Employment
Opportunity; not to exceed $1,393,000 shall be available for the
personnel compensation and benefits for the Center for Faith-Based and
Community Initiatives; not to exceed $2,400,000 shall be available for
the personnel compensation and benefits for the Office of
Sustainability; not to exceed $3,288,000 shall be available for the
personnel compensation and benefits for the Office of Strategic Planning
and Management; and not to exceed $249,870,000 shall be available for
non-personnel expenses of the Department of Housing and Urban
Development: Provided, That, funds provided under this heading may be
used for necessary administrative and non-administrative expenses of the
Department of Housing and Urban Development, not otherwise provided for,
including purchase of uniforms, or allowances therefor, as authorized by
5 U.S.C. 5901-5902; hire of passenger motor vehicles; services as
authorized by 5 U.S.C. 3109: Provided further, That notwithstanding any
other provision of law, funds appropriated under this heading may be
used for advertising and promotional activities that support the housing
mission area: Provided further, <<NOTE: Transfer authority.>> That the
Secretary of Housing and Urban Development is authorized to transfer
funds appropriated for any office included in Administration, Operations
and Management to any other office included in Administration,
Operations and Management only after such transfer has been submitted
to, and received prior written approval by, the House and Senate
Committees on Appropriations: Provided further, That no appropriation
for any office shall be increased or decreased by more than 10 percent
by all such transfers.
Personnel Compensation and Benefits
public and indian housing
For necessary personnel compensation and benefits expenses of the
Office of Public and Indian Housing, $197,074,000.
community planning and development
For necessary personnel compensation and benefits expenses of the
Office of Community Planning and Development mission area, $98,989,000.
[[Page 123 STAT. 3076]]
housing
For necessary personnel compensation and benefits expenses of the
Office of Housing, $374,887,000.
office of the government national mortgage association
For necessary personnel compensation and benefits expenses of the
Office of the Government National Mortgage Association, $11,095,000, to
be derived from the GNMA guarantees of mortgage backed securities
guaranteed loan receipt account.
policy development and research
For necessary personnel compensation and benefits expenses of the
Office of Policy Development and Research, $21,138,000.
fair housing and equal opportunity
For necessary personnel compensation and benefits expenses of the
Office of Fair Housing and Equal Opportunity, $71,800,000.
office of healthy homes and lead hazard control
For necessary personnel compensation and benefits expenses of the
Office of Healthy Homes and Lead Hazard Control, $7,151,000.
Public and Indian Housing
tenant-based rental assistance
(including transfer of funds)
For activities and assistance for the provision of tenant-based
rental assistance authorized under the United States Housing Act of
1937, as amended (42 U.S.C. 1437 et seq.) (``the Act'' herein), not
otherwise provided for, $14,184,200,000, to remain available until
expended, shall be available on October 1, 2009 (in addition to the
$4,000,000,000 previously appropriated under this heading that will
become available on October 1, 2009), and $4,000,000,000, to remain
available until expended, shall be available on October 1, 2010:
Provided, That of the amounts made available under this heading are
provided as follows:
(1) $16,339,200,000 shall be available for renewals of
expiring section 8 tenant-based annual contributions contracts
(including renewals of enhanced vouchers under any provision of
law authorizing such assistance under section 8(t) of the Act)
and including renewal of other special purpose vouchers
initially funded in fiscal year 2008 and 2009 such as Family
Unification, Veterans Affairs Supportive Housing Vouchers and
Non-elderly Disabled Vouchers): Provided, That notwithstanding
any other provision of law, from amounts provided under this
paragraph and any carryover, the Secretary for the calendar year
2010 funding cycle shall provide renewal funding for each public
housing agency based on voucher management system (VMS) leasing
and cost data for the most recent Federal fiscal year and by
applying the most recent Annual Adjustment Factor as established
by the Secretary,
[[Page 123 STAT. 3077]]
and by making any necessary adjustments for the costs associated
with deposits to family self-sufficiency program escrow accounts
or first-time renewals including tenant protection or HOPE VI
vouchers: Provided further, That none of the funds provided
under this paragraph may be used to fund a total number of unit
months under lease which exceeds a public housing agency's
authorized level of units under contract, except for public
housing agencies participating in the Moving to Work
demonstration, which are instead governed by the terms and
conditions of their MTW agreements: Provided further, That the
Secretary shall, to the extent necessary to stay within the
amount specified under this paragraph (except as otherwise
modified under this Act), pro rate each public housing agency's
allocation otherwise established pursuant to this paragraph:
Provided further, <<NOTE: Notification. Deadline.>> That except
as provided in the last two provisos, the entire amount
specified under this paragraph (except as otherwise modified
under this Act) shall be obligated to the public housing
agencies based on the allocation and pro rata method described
above, and the Secretary shall notify public housing agencies of
their annual budget not later than 60 days after enactment of
this Act: Provided further, That the Secretary may extend the
60-day notification period with the prior written approval of
the House and Senate Committees on Appropriations: Provided
further, That public housing agencies participating in the
Moving to Work demonstration shall be funded pursuant to their
Moving to Work agreements and shall be subject to the same pro
rata adjustments under the previous provisos: Provided further,
That up to $150,000,000 shall be available only: (1) to adjust
the allocations for public housing agencies, after application
for an adjustment by a public housing agency that experienced a
significant increase, as determined by the Secretary, in renewal
costs of tenant-based rental assistance resulting from
unforeseen circumstances or from portability under section 8(r)
of the Act; (2) for adjustments for public housing agencies with
voucher leasing rates at the end of the calendar year that
exceed the average leasing for the 12-month period used to
establish the allocation; (3) for adjustments for the costs
associated with VASH vouchers; or (4) for vouchers that were not
in use during the 12-month period in order to be available to
meet a commitment pursuant to section 8(o)(13) of the Act:
Provided further, That the Secretary shall allocate amounts
under the previous proviso based on need as determined by the
Secretary: Provided further, That of the amounts made available
under this paragraph, up to $100,000,000 may be transferred to
and merged with the appropriation for ``Transformation
Initiative'';
(2) $120,000,000 shall be for section 8 rental assistance
for relocation and replacement of housing units that are
demolished or disposed of pursuant to the Omnibus Consolidated
Rescissions and Appropriations Act of 1996 (Public Law 104-134),
conversion of section 23 projects to assistance under section 8,
the family unification program under section 8(x) of the Act,
relocation of witnesses in connection with efforts to combat
crime in public and assisted housing pursuant to a request from
a law enforcement or prosecution agency, enhanced vouchers under
any provision of law authorizing such assistance under section
8(t) of the Act, HOPE VI vouchers,
[[Page 123 STAT. 3078]]
mandatory and voluntary conversions, and tenant protection
assistance including replacement and relocation assistance or
for project based assistance to prevent the displacement of
unassisted elderly tenants currently residing in section 202
properties financed between 1959 and 1974 that are refinanced
pursuant to Public Law 106-569, as amended, or under the
authority as provided under this Act:
Provided, <<NOTE: Vouchers.>> That the Secretary shall provide
replacement vouchers for all units that were occupied within the
previous 24 months that cease to be available as assisted
housing, subject only to the availability of funds;
(3) $1,575,000,000 shall be for administrative and other
expenses of public housing agencies in administering the section
8 tenant-based rental assistance program, of which up to
$50,000,000 shall be available to the Secretary to allocate to
public housing agencies that need additional funds to administer
their section 8 programs, including fees associated with section
8 tenant protection rental assistance, the administration of
disaster related vouchers, Veterans Affairs Supportive Housing
vouchers, and other incremental vouchers: Provided, That no less
than $1,525,000,000 of the amount provided in this paragraph
shall be allocated to public housing agencies for the calendar
year 2010 funding cycle based on section 8(q) of the Act (and
related Appropriation Act provisions) as in effect immediately
before the enactment of the Quality Housing and Work
Responsibility Act of 1998 (Public Law 105-276): Provided
further, That if the amounts made available under this paragraph
are insufficient to pay the amounts determined under the
previous proviso, the Secretary may decrease the amounts
allocated to agencies by a uniform percentage applicable to all
agencies receiving funding under this paragraph or may, to the
extent necessary to provide full payment of amounts determined
under the previous proviso, utilize unobligated balances,
including recaptures and carryovers, remaining from funds
appropriated to the Department of Housing and Urban Development
under this heading, for fiscal year 2009 and prior fiscal years,
notwithstanding the purposes for which such amounts were
appropriated: Provided further, That amounts provided under this
paragraph shall be only for activities related to the provision
of tenant-based rental assistance authorized under section 8,
including related development activities;
(4) $60,000,000 shall be available for family self-
sufficiency coordinators under section 23 of the Act;
(5) $15,000,000 for incremental voucher assistance through
the Family Unification Program: Provided, <<NOTE: Voucher
extension.>> That the assistance made available under this
paragraph shall continue to remain available for family
unification upon turnover: Provided further, That the Secretary
of Housing and Urban Development shall make such funding
available, notwithstanding section 204 (competition provision)
of this title, to entities with demonstrated experience and
resources for supportive services;
(6) $75,000,000 for incremental rental voucher assistance
for use through a supported housing program administered in
conjunction with the Department of Veterans Affairs as
authorized under section 8(o)(19) of the United States Housing
Act of 1937: Provided, That the Secretary of Housing and
[[Page 123 STAT. 3079]]
Urban Development shall make such funding available,
notwithstanding section 204 (competition provision) of this
title, to public housing agencies that partner with eligible VA
Medical Centers or other entities as designated by the Secretary
of the Department of Veterans Affairs, based on geographical
need for such assistance as identified by the Secretary of the
Department of Veterans Affairs, public housing agency
administrative performance, and other factors as specified by
the Secretary of Housing and Urban Development in consultation
with the Secretary of the Department of Veterans
Affairs: <<NOTE: Waiver authority.>> Provided further, That the
Secretary of Housing and Urban Development may waive, or specify
alternative requirements for (in consultation with the Secretary
of the Department of Veterans Affairs), any provision of any
statute or regulation that the Secretary of Housing and Urban
Development administers in connection with the use of funds made
available under this paragraph (except for requirements related
to fair housing, nondiscrimination, labor standards, and the
environment), upon a finding by the Secretary that any such
waivers or alternative requirements are necessary for the
effective delivery and administration of such voucher
assistance: Provided further, <<NOTE: Voucher extension.>> That
assistance made available under this paragraph shall continue to
remain available for homeless veterans upon turn-over.
housing certificate fund
Unobligated balances, including recaptures and carryover, remaining
from funds appropriated to the Department of Housing and Urban
Development under this heading, the heading ``Annual Contributions for
Assisted Housing'' and the heading ``Project-Based Rental Assistance'',
for fiscal year 2010 and prior years may be used for renewal of or
amendments to section 8 project-based contracts and for performance-
based contract administrators, notwithstanding the purposes for which
such funds were appropriated:
Provided, <<NOTE: Contracts. Termination.>> That any obligated balances
of contract authority from fiscal year 1974 and prior that have been
terminated shall be cancelled: Provided further, That amounts heretofore
recaptured, or recaptured during the current fiscal year, from project-
based Section 8 contracts from source years fiscal year 1975 through
fiscal year 1987 are hereby rescinded, and an amount of additional new
budget authority, equivalent to the amount rescinded is hereby
appropriated, to remain available until expended, for the purposes set
forth under this heading, in addition to amounts otherwise available.
public housing capital fund
For the Public Housing Capital Fund Program to carry out capital and
management activities for public housing agencies, as authorized under
section 9 of the United States Housing Act of 1937 (42 U.S.C. 1437g)
(the ``Act'') $2,500,000,000, to remain available until September 30,
2013: Provided, That notwithstanding any other provision of law or
regulation, during fiscal year 2010 the Secretary of Housing and Urban
Development may not delegate to any Department official other than the
Deputy Secretary and the Assistant Secretary for Public and Indian
Housing any authority under paragraph (2) of section 9(j) regarding the
extension of the time periods under such section: Provided
further, <<NOTE: Definition.>> That for purposes
[[Page 123 STAT. 3080]]
of such section 9(j), the term ``obligate'' means, with respect to
amounts, that the amounts are subject to a binding agreement that will
result in outlays, immediately or in the future: Provided further, That
up to $15,345,000 shall be to support the ongoing Public Housing
Financial and Physical Assessment activities of the Real Estate
Assessment Center (REAC): Provided further, That of the total amount
provided under this heading, not to exceed $20,000,000 shall be
available for the Secretary to make grants, notwithstanding section 204
of this Act, to public housing agencies for emergency capital needs
including safety and security measures necessary to address crime and
drug-related activity as well as needs resulting from unforeseen or
unpreventable emergencies and natural disasters excluding Presidentially
declared emergencies and natural disasters under the Robert T. Stafford
Disaster Relief and Emergency Act (42 U.S.C. 5121 et seq.) occurring in
fiscal year 2010: Provided further, That of the amounts provided under
this heading up to $40,000,000 may be for grants to be competitively
awarded to public housing agencies for the construction, rehabilitation
or purchase of facilities to be used to provide early education, adult
education, job training or other appropriate services to public housing
residents: Provided further, That grantees shall demonstrate an ability
to leverage other Federal, State, local or private resources for the
construction, rehabilitation or acquisition of such facilities, and that
selected grantees shall demonstrate a capacity to pay the long-term
costs of operating such facilities: Provided further, That of the total
amount provided under this heading, $50,000,000 shall be for supportive
services, service coordinators and congregate services as authorized by
section 34 of the Act (42 U.S.C. 1437z-6) and the Native American
Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4101 et
seq.): Provided further, That of the total amount provided under this
heading up to $8,820,000 is to support the costs of administrative and
judicial receiverships: Provided further, <<NOTE: Bonus awards.>> That
from the funds made available under this heading, the Secretary shall
provide bonus awards in fiscal year 2010 to public housing agencies that
are designated high performers.
public housing operating fund
(including transfer of funds)
For 2010 payments to public housing agencies for the operation and
management of public housing, as authorized by section 9(e) of the
United States Housing Act of 1937 (42 U.S.C. 1437g(e)),
$4,775,000,000: <<NOTE: 42 USC 1437g note.>> Provided, That, in fiscal
year 2009 and all fiscal years hereafter, no amounts under this heading
in any appropriations Act may be used for payments to public housing
agencies for the costs of operation and management of public housing for
any year prior to the current year of such Act: Provided further, That
of the amounts made available under this heading, up to $15,000,000 may
be transferred to and merged with the appropriation for ``Transformation
Initiative''.
revitalization of severely distressed public housing (hope vi)
For grants to public housing agencies for demolition, site
revitalization, replacement housing, and tenant-based assistance grants
to projects as authorized by section 24 of the United States
[[Page 123 STAT. 3081]]
Housing Act of 1937 (42 U.S.C. 1437v), $200,000,000, to remain available
until September 30, 2011, of which the Secretary of Housing and Urban
Development may use up to $10,000,000 for technical assistance and
contract expertise, to be provided directly or indirectly by grants,
contracts or cooperative agreements, including training and cost of
necessary travel for participants in such training, by or to officials
and employees of the department and of public housing agencies and to
residents: Provided, That none of such funds shall be used directly or
indirectly by granting competitive advantage in awards to settle
litigation or pay judgments, unless expressly permitted herein: Provided
further, That of the amounts provided under this heading, up to
$65,000,000 may be available for a demonstration of the Choice
Neighborhoods Initiative (subject to such section 24 except as otherwise
specified under the provisos for this demonstration under this heading)
for the transformation, rehabilitation and replacement housing needs of
both public and HUD-assisted housing and to transform neighborhoods of
poverty into functioning, sustainable mixed income neighborhoods with
appropriate services, public assets, transportation and access to jobs,
and schools, including public schools, community schools, and charter
schools: Provided further, That for this demonstration, funding may also
be used for the conversion of vacant or foreclosed properties to
affordable housing: Provided further, That use of funds made available
for this demonstration under this heading shall not be deemed to be
public housing notwithstanding section 3(b)(1) of such Act: Provided
further, That grantees shall commit to an additional period of
affordability determined by the Secretary, but not fewer than 20 years:
Provided further, That grantees shall undertake comprehensive local
planning with input from residents and the community: Provided further,
That for the purposes of this demonstration, applicants may include
local governments, public housing authorities, nonprofits, and for-
profit developers that apply jointly with a public entity: Provided
further, That such grantees shall create partnerships with other local
organizations including assisted housing owners, service agencies and
resident organizations: Provided
further, <<NOTE: Publication. Notice.>> That the Secretary shall develop
and publish a Notice of Funding Availability for the allocation and use
of such competitive funds in this demonstration, including but not
limited to eligible activities, program requirements, protections and
services for affected residents, and performance metrics.
native american housing block grants
For the Native American Housing Block Grants program, as authorized
under title I of the Native American Housing Assistance and Self-
Determination Act of 1996 (NAHASDA) (25 U.S.C. 4111 et seq.),
$700,000,000, to remain available until expended: Provided, That,
notwithstanding the Native American Housing Assistance and Self-
Determination Act of 1996, to determine the amount of the allocation
under title I of such Act for each Indian tribe, the Secretary shall
apply the formula under section 302 of such Act with the need component
based on single-race Census data and with the need component based on
multi-race Census data, and the amount of the allocation for each Indian
tribe shall be the greater of the two resulting allocation
amounts: <<NOTE: Contracts.>> Provided further, That of the amounts made
available under this heading, $3,500,000
[[Page 123 STAT. 3082]]
shall be contracted for assistance for a national organization
representing Native American housing interests for providing training
and technical assistance to Indian housing authorities and tribally
designated housing entities as authorized under NAHASDA; and $4,250,000
shall be to support the inspection of Indian housing units, contract
expertise, training, and technical assistance in the training,
oversight, and management of such Indian housing and tenant-based
assistance, including up to $300,000 for related travel: Provided
further, That of the amount provided under this heading, $2,000,000
shall be made available for the cost of guaranteed notes and other
obligations, as authorized by title VI of NAHASDA: Provided further,
That such costs, including the costs of modifying such notes and other
obligations, shall be as defined in section 502 of the Congressional
Budget Act of 1974, as amended: Provided further, That these funds are
available to subsidize the total principal amount of any notes and other
obligations, any part of which is to be guaranteed, not to exceed
$18,000,000.
native hawaiian housing block grant
For the Native Hawaiian Housing Block Grant program, as authorized
under title VIII of the Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4111 et seq.), $13,000,000, to
remain available until expended: Provided, That of this amount, $300,000
shall be for training and technical assistance activities, including up
to $100,000 for related travel by Hawaii-based HUD employees.
indian housing loan guarantee fund program account
For the cost of guaranteed loans, as authorized by section 184 of
the Housing and Community Development Act of 1992 (12 U.S.C. 1715z),
$7,000,000, to remain available until expended: Provided, That such
costs, including the costs of modifying such loans, shall be as defined
in section 502 of the Congressional Budget Act of 1974: Provided
further, That these funds are available to subsidize total loan
principal, any part of which is to be guaranteed, up to $919,000,000:
Provided further, That up to $750,000 shall be for administrative
contract expenses including management processes and systems to carry
out the loan guarantee program.
native hawaiian housing loan guarantee fund program account
For the cost of guaranteed loans, as authorized by section 184A of
the Housing and Community Development Act of 1992 (12 U.S.C. 1715z),
$1,044,000, to remain available until expended: Provided, That such
costs, including the costs of modifying such loans, shall be as defined
in section 502 of the Congressional Budget Act of 1974: Provided
further, That these funds are available to subsidize total loan
principal, any part of which is to be guaranteed, not to exceed
$41,504,255.
[[Page 123 STAT. 3083]]
Community Planning and Development
housing opportunities for persons with aids
For carrying out the Housing Opportunities for Persons with AIDS
program, as authorized by the AIDS Housing Opportunity Act (42 U.S.C.
12901 et seq.), $335,000,000, to remain available until September 30,
2011, except that amounts allocated pursuant to section 854(c)(3) of
such Act shall remain available until September 30, 2012:
Provided, <<NOTE: Contracts.>> That the Secretary shall renew all
expiring contracts for permanent supportive housing that were funded
under section 854(c)(3) of such Act that meet all program requirements
before awarding funds for new contracts and activities authorized under
this section.
community development fund
For assistance to units of State and local government, and to other
entities, for economic and community development activities, and for
other purposes, $4,450,000,000, to remain available until September 30,
2012, unless otherwise specified: Provided, That of the total amount
provided, $3,990,068,480 is for carrying out the community development
block grant program under title I of the Housing and Community
Development Act of 1974, as amended (the ``Act'' herein) (42 U.S.C. 5301
et seq.): Provided further, That unless explicitly provided for under
this heading (except for planning grants provided in the second
paragraph and amounts made available under the third paragraph), not to
exceed 20 percent of any grant made with funds appropriated under this
heading shall be expended for planning and management development and
administration: Provided further, That $65,000,000 shall be for grants
to Indian tribes notwithstanding section 106(a)(1) of such Act, of
which, notwithstanding any other provision of law (including section 204
of this Act), up to $3,960,000 may be used for emergencies that
constitute imminent threats to health and safety.
Of the amount made available under this heading, $172,843,570 shall
be available for grants for the Economic Development Initiative (EDI) to
finance a variety of targeted economic investments in accordance with
the terms and conditions specified in the explanatory statement
accompanying this Act: Provided, That none of the funds provided under
this paragraph may be used for program operations: Provided further,
That, for fiscal years 2008, 2009 and 2010, no unobligated funds for EDI
grants may be used for any purpose except acquisition, planning, design,
purchase of equipment, revitalization, redevelopment or construction.
Of the amount made available under this heading, $22,087,950 shall
be available for neighborhood initiatives that are utilized to improve
the conditions of distressed and blighted areas and neighborhoods, to
stimulate investment, economic diversification, and community
revitalization in areas with population outmigration or a stagnating or
declining economic base, or to determine whether housing benefits can be
integrated more effectively with welfare reform initiatives: Provided,
That amounts made available under this paragraph shall be provided in
accordance with the terms and conditions specified in the explanatory
statement accompanying this Act.
The referenced explanatory statement under this heading in title II
of division K of Public Law 110-161 is deemed to be amended
[[Page 123 STAT. 3084]]
by striking ``Old Town Boys and Girls Club, Albuquerque, NM, for
renovation of the existing Old Town Boys and Girls Club accompanied by
construction of new areas for the Club'' and inserting ``Old Town Boys
and Girls Club, Albuquerque, NM, for renovation of the Heights Boys and
Girls Club''.
The referenced statement of the managers under this heading
``Community Planning and Development'' in title II of division K of
Public Law 110-161 is deemed to be amended by striking ``Custer County,
ID for acquisition of an unused middle school building'' and inserting
``Custer County, ID, to construct a community center''.
The referenced explanatory statement under this heading in division
I of Public Law 111-8 is deemed to be amended with respect to ``Hawaii
County Office of Housing and Community Development, HI'' by striking
``Senior Housing Renovation Project'' and inserting ``Transitional
Housing Project''.
The referenced statement of the managers under this heading
``Community Planning and Development'' in title II of division I of
Public Law 111-8 is deemed to be amended by striking ``Custer County,
ID, to purchase a middle school building'' and inserting ``Custer
County, ID, to construct a community center''.
The referenced explanatory statement under the heading ``Community
Development Fund'' in title II of division K of Public Law 110-161 is
deemed to be amended with respect to ``Emergency Housing Consortium in
San Jose, CA'' by striking ``for construction of the Sobrato
Transitional Center, a residential facility for homeless individuals and
families'' and inserting ``for improvements to homeless services and
prevention facilities''.
Of the amounts made available under this heading, $150,000,000 shall
be made available for a Sustainable Communities Initiative to improve
regional planning efforts that integrate housing and transportation
decisions, and increase the capacity to improve land use and
zoning: <<NOTE: Grants.>> Provided, That $100,000,000 shall be for
Regional Integrated Planning Grants to support the linking of
transportation and land use planning: Provided further, That not less
than $25,000,000 of the funding made available for Regional Integrated
Planning Grants shall be awarded to metropolitan areas of less than
500,000: <<NOTE: Grants.>> Provided further, That $40,000,000 shall be
for Community Challenge Planning Grants to foster reform and reduce
barriers to achieve affordable, economically vital, and sustainable
communities: <<NOTE: Plans.>> Provided further, That before funding is
made available for Regional Integrated Planning Grants or Community
Challenge Planning Grants, the Secretary, in coordination with the
Secretary of Transportation, shall submit a plan to the House and Senate
Committees on Appropriations, the Senate Committee on Banking and Urban
Affairs, and the House Committee on Financial Services establishing
grant criteria as well as performance measures by which the success of
grantees will be measured: <<NOTE: Consultation.>> Provided further,
That the Secretary will consult with the Secretary of Transportation in
evaluating grant proposals: Provided further, That up to $10,000,000
shall be for a joint Department of Housing and Urban Development and
Department of Transportation research effort that shall include a
rigorous evaluation of the Regional Integrated Planning Grants and
Community Challenge Planning Grants programs: <<NOTE: Grants. Native
Americans.>> Provided further, That of the amounts made available under
this heading, $25,000,000 shall be made available for the Rural
Innovation Fund for grants to Indian tribes, State housing finance
agencies, State community and/or economic
[[Page 123 STAT. 3085]]
development agencies, local rural nonprofits and community development
corporations to address the problems of concentrated rural housing
distress and community poverty: <<NOTE: Native Americans.>> Provided
further, That of the funding made available under the previous proviso,
at least $5,000,000 shall be made available to promote economic
development and entrepreneurship for federally recognized Indian Tribes,
through activities including the capitalization of revolving loan
programs and business planning and development, funding is also made
available for technical assistance to increase capacity through training
and outreach activities: <<NOTE: Grants.>> Provided further, That of
the amounts made available under this heading, $25,000,000 is for grants
pursuant to section 107 of the Housing and Community Development Act of
1974 (42 U.S.C. 5307).
community development loan guarantees program account
For the cost of guaranteed loans, $6,000,000, to remain available
until September 30, 2011, as authorized by section 108 of the Housing
and Community Development Act of 1974 (42 U.S.C. 5308): Provided, That
such costs, including the cost of modifying such loans, shall be as
defined in section 502 of the Congressional Budget Act of 1974: Provided
further, That these funds are available to subsidize total loan
principal, any part of which is to be guaranteed, not to exceed
$275,000,000, notwithstanding any aggregate limitation on outstanding
obligations guaranteed in section 108(k) of the Housing and Community
Development Act of 1974, as amended.
brownfields redevelopment
For competitive economic development grants, as authorized by
section 108(q) of the Housing and Community Development Act of 1974, as
amended, for Brownfields redevelopment projects, $17,500,000, to remain
available until September 30, 2011: Provided, That no funds made
available under this heading may be used to establish loan loss reserves
for the section 108 Community Development Loan Guarantee program.
home investment partnerships program
For the HOME investment partnerships program, as authorized under
title II of the Cranston-Gonzalez National Affordable Housing Act, as
amended, $1,825,000,000, to remain available until September 30, 2012:
Provided, That, funds provided in prior appropriations Acts for
technical assistance, that were made available for Community Housing
Development Organizations technical assistance, and that still remain
available, may be used for HOME technical assistance notwithstanding the
purposes for which such amounts were appropriated.
self-help and assisted homeownership opportunity program
For the Self-Help and Assisted Homeownership Opportunity Program, as
authorized under section 11 of the Housing Opportunity Program Extension
Act of 1996, as amended, $82,000,000, to remain available until
September 30, 2012: Provided, That of the total amount provided under
this heading, $27,000,000 shall be made available to the Self-Help and
Assisted Homeownership Opportunity
[[Page 123 STAT. 3086]]
Program as authorized under section 11 of the Housing Opportunity
Program Extension Act of 1996, as amended: Provided further, That
$50,000,000 shall be made available for the second, third and fourth
capacity building activities authorized under section 4(a) of the HUD
Demonstration Act of 1993 (42 U.S.C. 9816 note), of which not less than
$5,000,000 may be made available for rural capacity building activities:
Provided further, That $5,000,000 shall be made available for capacity
building activities as authorized in sections 6301 through 6305 of
Public Law 110-246.
homeless assistance grants
(including transfer of funds)
For the emergency shelter grants program as authorized under
subtitle B of title IV of the McKinney-Vento Homeless Assistance Act, as
amended; the supportive housing program as authorized under subtitle C
of title IV of such Act; the section 8 moderate rehabilitation single
room occupancy program as authorized under the United States Housing Act
of 1937, as amended, to assist homeless individuals pursuant to section
441 of the McKinney-Vento Homeless Assistance Act; and the shelter plus
care program as authorized under subtitle F of title IV of such Act,
$1,865,000,000, of which $1,860,000,000 shall remain available until
September 30, 2012, and of which $5,000,000 shall remain available until
expended for rehabilitation projects with 10-year grant terms: Provided,
That not less than 30 percent of funds made available, excluding amounts
provided for renewals under the Shelter Plus Care Program and emergency
shelter grants, shall be used for permanent housing for individuals and
families: Provided further, That all funds awarded for services shall be
matched by not less than 25 percent in funding by each grantee: Provided
further, That for all match requirements applicable to funds made
available under this heading for this fiscal year and prior years, a
grantee may use (or could have used) as a source of match funds other
funds administered by the Secretary and other Federal agencies unless
there is (or was) a specific statutory prohibition on any such use of
any such funds: <<NOTE: Contracts.>> Provided further, That the
Secretary shall renew on an annual basis expiring contracts or
amendments to contracts funded under the shelter plus care program if
the program is determined to be needed under the applicable continuum of
care and meets appropriate program requirements and financial standards,
as determined by the Secretary: Provided further, That all awards of
assistance under this heading shall be required to coordinate and
integrate homeless programs with other mainstream health, social
services, and employment programs for which homeless populations may be
eligible, including Medicaid, State Children's Health Insurance Program,
Temporary Assistance for Needy Families, Food Stamps, and services
funding through the Mental Health and Substance Abuse Block Grant,
Workforce Investment Act, and the Welfare-to-Work grant program:
Provided further, That up to $6,000,000 of the funds appropriated under
this heading shall be available for the national homeless data analysis
project: Provided further, That up to $12,650,000 of the funds made
available under this heading may be transferred to and merged with the
appropriation for ``Transformation Initiative'': Provided further, That
all balances for Shelter Plus Care renewals previously funded
[[Page 123 STAT. 3087]]
from the Shelter Plus Care Renewal account and transferred to this
account shall be available, if recaptured, for Shelter Plus Care
renewals in fiscal year 2010.
Housing Programs
project-based rental assistance
For activities and assistance for the provision of project-based
subsidy contracts under the United States Housing Act of 1937 (42 U.S.C.
1437 et seq.) (``the Act''), not otherwise provided for, $8,157,853,000,
to remain available until expended, shall be available on October 1,
2009, and $393,672,000, to remain available until expended, shall be
available on October 1, 2010: Provided, That the amounts made available
under this heading are provided as follows:
(1) Up to $8,325,853,000 shall be available for expiring or
terminating section 8 project-based subsidy contracts (including
section 8 moderate rehabilitation contracts), for amendments to
section 8 project-based subsidy contracts (including section 8
moderate rehabilitation contracts), for contracts entered into
pursuant to section 441 of the McKinney-Vento Homeless
Assistance Act (42 U.S.C. 11401), for renewal of section 8
contracts for units in projects that are subject to approved
plans of action under the Emergency Low Income Housing
Preservation Act of 1987 or the Low-Income Housing Preservation
and Resident Homeownership Act of 1990, and for administrative
and other expenses associated with project-based activities and
assistance funded under this paragraph.
(2) Not less than $232,000,000 but not to exceed
$258,000,000 shall be available for performance-based contract
administrators for section 8 project-based assistance: Provided,
That the Secretary of Housing and Urban Development may also use
such amounts for performance-based contract administrators for
the administration of: interest reduction payments pursuant to
section 236(a) of the National Housing Act (12 U.S.C. 1715z-
1(a)); rent supplement payments pursuant to section 101 of the
Housing and Urban Development Act of 1965 (12 U.S.C. 1701s);
section 236(f)(2) rental assistance payments (12 U.S.C. 1715z-
1(f)(2)); project rental assistance contracts for the elderly
under section 202(c)(2) of the Housing Act of 1959 (12 U.S.C.
1701q); project rental assistance contracts for supportive
housing for persons with disabilities under section 811(d)(2) of
the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C.
8013(d)(2)); project assistance contracts pursuant to section
202(h) of the Housing Act of 1959 (Public Law 86-372; 73 Stat.
667); and loans under section 202 of the Housing Act of 1959
(Public Law 86-372; 73 Stat. 667).
(3) Amounts recaptured under this heading, the heading
``Annual Contributions for Assisted Housing'', or the heading
``Housing Certificate Fund'' may be used for renewals of or
amendments to section 8 project-based contracts or for
performance-based contract administrators, notwithstanding the
purposes for which such amounts were appropriated.
[[Page 123 STAT. 3088]]
housing for the elderly
For capital advances, including amendments to capital advance
contracts, for housing for the elderly, as authorized by section 202 of
the Housing Act of 1959, as amended, and for project rental assistance
for the elderly under section 202(c)(2) of such Act, including
amendments to contracts for such assistance and renewal of expiring
contracts for such assistance for up to a 1-year term, and for
supportive services associated with the housing, $825,000,000, to remain
available until September 30, 2013, of which up to $582,000,000 shall be
for capital advance and project-based rental assistance
awards: <<NOTE: Contracts. Time period.>> Provided, That amounts for
project rental assistance contracts are to remain available for the
liquidation of valid obligations for 10 years following the date of such
obligation: Provided further, That of the amount provided under this
heading, up to $90,000,000 shall be for service coordinators and the
continuation of existing congregate service grants for residents of
assisted housing projects, and of which up to $40,000,000 shall be for
grants under section 202b of the Housing Act of 1959 (12 U.S.C. 1701q-2)
for conversion of eligible projects under such section to assisted
living or related use and for substantial and emergency capital repairs
as determined by the Secretary: Provided further, That of the amount
made available under this heading, $20,000,000 shall be available to the
Secretary of Housing and Urban Development only for making competitive
grants to private nonprofit organizations and consumer cooperatives for
covering costs of architectural and engineering work, site control, and
other planning relating to the development of supportive housing for the
elderly that is eligible for assistance under section 202 of the Housing
Act of 1959 (12 U.S.C. 1701q): Provided further, That amounts under this
heading shall be available for Real Estate Assessment Center inspections
and inspection-related activities associated with section 202 capital
advance projects: <<NOTE: Waiver authority.>> Provided further, That the
Secretary may waive the provisions of section 202 governing the terms
and conditions of project rental assistance, except that the initial
contract term for such assistance shall not exceed 5 years in duration.
housing for persons with disabilities
For capital advance contracts, including amendments to capital
advance contracts, for supportive housing for persons with disabilities,
as authorized by section 811 of the Cranston-Gonzalez National
Affordable Housing Act (42 U.S.C. 8013), for project rental assistance
for supportive housing for persons with disabilities under section
811(d)(2) of such Act, including amendments to contracts for such
assistance and renewal of expiring contracts for such assistance for up
to a 1-year term, and for supportive services associated with the
housing for persons with disabilities as authorized by section 811(b)(1)
of such Act, and for tenant-based rental assistance contracts entered
into pursuant to section 811 of such Act, $300,000,000, of which up to
$186,000,000 shall be for capital advances and project-based rental
assistance contracts, to remain available until September 30,
2013: <<NOTE: Contracts. Time period.>> Provided, That amounts for
project rental assistance contracts are to remain available for the
liquidation of valid obligations for 10 years following the date of such
obligation: Provided further, That, of the amount provided under this
heading, $87,100,000 shall be for amendments or renewal
[[Page 123 STAT. 3089]]
of tenant-based assistance contracts entered into prior to fiscal year
2005 (only one amendment authorized for any such contract): Provided
further, That all tenant-based assistance made available under this
heading shall continue to remain available only to persons with
disabilities: <<NOTE: Waiver authority. Time period.>> Provided further,
That the Secretary may waive the provisions of section 811 governing the
terms and conditions of project rental assistance and tenant-based
assistance, except that the initial contract term for such assistance
shall not exceed 5 years in duration: Provided
further, <<NOTE: Inspections.>> That amounts made available under this
heading shall be available for Real Estate Assessment Center inspections
and inspection-related activities associated with section 811 Capital
Advance Projects.
Housing Counseling Assistance
For contracts, grants, and other assistance excluding loans, as
authorized under section 106 of the Housing and Urban Development Act of
1968, as amended, $87,500,000, including up to $2,500,000 for
administrative contract services, to remain available until September
30, 2011: Provided, That funds shall be used for providing counseling
and advice to tenants and homeowners, both current and prospective, with
respect to property maintenance, financial management/literacy, and such
other matters as may be appropriate to assist them in improving their
housing conditions, meeting their financial needs, and fulfilling the
responsibilities of tenancy or homeownership; for program
administration; and for housing counselor training: Provided further,
That of the amounts made available under this heading, not less than
$13,500,000 shall be awarded to HUD-certified housing counseling
agencies located in the 100 metropolitan statistical areas with the
highest rate of home foreclosures for the purpose of assisting
homeowners with inquiries regarding mortgage-modification assistance and
mortgage scams.
energy innovation fund
For an Energy Innovation Fund to enable the Federal Housing
Administration and the new Office of Sustainability to catalyze
innovations in the residential energy efficiency sector that have
promise of replicability and help create a standardized home energy
efficient retrofit market, $50,000,000, to remain available until
September 30, 2013: Provided, That $25,000,000 shall be for the Energy
Efficient Mortgage Innovation pilot program, directed at the single
family housing market: Provided further, That $25,000,000 shall be for
the Multifamily Energy Pilot, directed at the multifamily housing
market.
other assisted housing programs
rental housing assistance
For amendments to contracts under section 101 of the Housing and
Urban Development Act of 1965 (12 U.S.C. 1701s) and section 236(f)(2) of
the National Housing Act (12 U.S.C. 1715z-1) in State-aided, non-insured
rental housing projects, $40,000,000, to remain available until
expended.
[[Page 123 STAT. 3090]]
rent supplement
(rescission)
Of the amounts recaptured from terminated contracts under section
101 of the Housing and Urban Development Act of 1965 (12 U.S.C. 1701s)
and section 236 of the National Housing Act (12 U.S.C. 1715z-1)
$72,036,000 are rescinded: Provided, That no amounts may be rescinded
from amounts that were designated by the Congress as an emergency
requirement pursuant to the Concurrent Resolution on the Budget or the
Balanced Budget and Emergency Deficit Control Act of 1985, as amended.
payment to manufactured housing fees trust fund
For necessary expenses as authorized by the National Manufactured
Housing Construction and Safety Standards Act of 1974 (42 U.S.C. 5401 et
seq.), up to $16,000,000, to remain available until expended, of which
$7,000,000 is to be derived from the Manufactured Housing Fees Trust
Fund: Provided, That not to exceed the total amount appropriated under
this heading shall be available from the general fund of the Treasury to
the extent necessary to incur obligations and make expenditures pending
the receipt of collections to the Fund pursuant to section 620 of such
Act: Provided further, That the amount made available under this heading
from the general fund shall be reduced as such collections are received
during fiscal year 2010 so as to result in a final fiscal year 2010
appropriation from the general fund estimated at not more than
$9,000,000 and fees pursuant to such section 620 shall be modified as
necessary to ensure such a final fiscal year 2010 appropriation:
Provided further, That for the dispute resolution and installation
programs, the Secretary of Housing and Urban Development may assess and
collect fees from any program participant: Provided further, That such
collections shall be deposited into the Fund, and the Secretary, as
provided herein, may use such collections, as well as fees collected
under section 620, for necessary expenses of such Act: Provided further,
That notwithstanding the requirements of section 620 of such Act, the
Secretary may carry out responsibilities of the Secretary under such Act
through the use of approved service providers that are paid directly by
the recipients of their services.
Federal Housing Administration
mutual mortgage insurance program account
(including transfer of funds)
During fiscal year 2010, commitments to guarantee single family
loans insured under the Mutual Mortgage Insurance Fund shall not exceed
a loan principal of $400,000,000,000: Provided, That for new loans
guaranteed pursuant to section 255 of the National Housing Act (12
U.S.C. 1715z-20), the Secretary shall adjust the factors used to
calculate the principal limit (as such term is defined in HUD Handbook
4235.1) that were assumed in the President's Budget Request for 2010 for
such loans, as necessary to ensure that the program operates at a net
zero subsidy rate: Provided further, That during fiscal year 2010,
obligations
[[Page 123 STAT. 3091]]
to make direct loans to carry out the purposes of section 204(g) of the
National Housing Act, as amended, shall not exceed $50,000,000: Provided
further, That the foregoing amount shall be for loans to nonprofit and
governmental entities in connection with sales of single family real
properties owned by the Secretary and formerly insured under the Mutual
Mortgage Insurance Fund. For administrative contract expenses of the
Federal Housing Administration, $188,900,000, of which up to $70,794,000
may be transferred to the Working Capital Fund, and of which up to
$7,500,000 shall be for education and outreach of FHA single family loan
products: Provided further, That to the extent guaranteed loan
commitments exceed $200,000,000,000 on or before April 1, 2010, an
additional $1,400 for administrative contract expenses shall be
available for each $1,000,000 in additional guaranteed loan commitments
(including a pro rata amount for any amount below $1,000,000), but in no
case shall funds made available by this proviso exceed $30,000,000.
general and special risk program account
For the cost of guaranteed loans, as authorized by sections 238 and
519 of the National Housing Act (12 U.S.C. 1715z-3 and 1735c), including
the cost of loan guarantee modifications, as that term is defined in
section 502 of the Congressional Budget Act of 1974, as amended,
$8,600,000, to remain available until expended: Provided, That
commitments to guarantee loans shall not exceed $15,000,000,000 in total
loan principal, any part of which is to be guaranteed.
Gross obligations for the principal amount of direct loans, as
authorized by sections 204(g), 207(l), 238, and 519(a) of the National
Housing Act, shall not exceed $20,000,000, which shall be for loans to
nonprofit and governmental entities in connection with the sale of
single-family real properties owned by the Secretary and formerly
insured under such Act.
Government National Mortgage Association
guarantees of mortgage-backed securities loan guarantee program account
New commitments to issue guarantees to carry out the purposes of
section 306 of the National Housing Act, as amended (12 U.S.C. 1721(g)),
shall not exceed $500,000,000,000, to remain available until September
30, 2011.
Policy Development and Research
research and technology
For contracts, grants, and necessary expenses of programs of
research and studies relating to housing and urban problems, not
otherwise provided for, as authorized by title V of the Housing and
Urban Development Act of 1970 (12 U.S.C. 1701z-1 et seq.), including
carrying out the functions of the Secretary of Housing and Urban
Development under section 1(a)(1)(I) of Reorganization Plan No. 2 of
1968, $48,000,000, to remain available until September 30, 2011.
[[Page 123 STAT. 3092]]
Fair Housing and Equal Opportunity
fair housing activities
For contracts, grants, and other assistance, not otherwise provided
for, as authorized by title VIII of the Civil Rights Act of 1968, as
amended by the Fair Housing Amendments Act of 1988, and section 561 of
the Housing and Community Development Act of 1987, as amended,
$72,000,000, to remain available until September 30, 2011, of which
$42,500,000 shall be to carry out activities pursuant to such section
561: Provided, That notwithstanding 31 U.S.C. 3302, the Secretary may
assess and collect fees to cover the costs of the Fair Housing Training
Academy, and may use such funds to provide such
training: <<NOTE: Lobbying.>> Provided further, That no funds made
available under this heading shall be used to lobby the executive or
legislative branches of the Federal Government in connection with a
specific contract, grant or loan: Provided further, That of the funds
made available under this heading, $500,000 shall be available to the
Secretary of Housing and Urban Development for the creation and
promotion of translated materials and other programs that support the
assistance of persons with limited English proficiency in utilizing the
services provided by the Department of Housing and Urban Development.
Office of Lead Hazard Control and Healthy Homes
lead hazard reduction
For the Lead Hazard Reduction Program, as Authorized by section 1011
of the Residential Lead-Based Paint Hazard Reduction Act of 1992,
$140,000,000, to remain available until September 30, 2011, of which not
less than $20,000,000 shall be for the Healthy Homes Initiative,
pursuant to sections 501 and 502 of the Housing and Urban Development
Act of 1970 that shall include research, studies, testing, and
demonstration efforts, including education and outreach concerning lead-
based paint poisoning and other housing-related diseases and hazards:
Provided, That for purposes of environmental review, pursuant to the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and
other provisions of the law that further the purposes of such Act, a
grant under the Healthy Homes Initiative, Operation Lead Elimination
Action Plan (LEAP), or the Lead Technical Studies program under this
heading or under prior appropriations Acts for such purposes under this
heading, shall be considered to be funds for a special project for
purposes of section 305(c) of the Multifamily Housing Property
Disposition Reform Act of 1994: Provided further, That of the total
amount made available under this heading, $48,000,000 shall be made
available on a competitive basis for areas with the highest lead paint
abatement needs: Provided further, That each recipient of funds provided
under the second proviso shall make a matching contribution in an amount
not less than 25 percent: <<NOTE: Waiver authority. Determination.>>
Provided further, That the Secretary may waive the matching requirement
cited in the preceding proviso on a case by case basis if the Secretary
determines that such a waiver is necessary to advance the purposes of
this program: <<NOTE: Plans. Strategy. Notice.>> Provided further, That
each applicant shall submit a detailed plan and strategy that
demonstrates adequate capacity that is acceptable to the Secretary to
carry out the proposed use of funds pursuant to a notice of funding
availability: Provided
[[Page 123 STAT. 3093]]
further, That amounts made available under this heading in this or prior
appropriations Acts, and that still remain available, may be used for
any purpose under this heading notwithstanding the purpose for which
such amounts were appropriated if a program competition is
undersubscribed and there are other program competitions under this
heading that are oversubscribed.
Management and Administration
working capital fund
(including transfer of funds)
For additional capital for the Working Capital Fund (42 U.S.C. 3535)
for the maintenance of infrastructure for Department-wide information
technology systems, for the continuing operation and maintenance of both
Department-wide and program-specific information systems, and for
program-related maintenance activities, $200,000,000, to remain
available until September 30, 2011: Provided, That any amounts
transferred to this Fund under this Act shall remain available until
expended: Provided further, That any amounts transferred to this Fund
from amounts appropriated by previously enacted appropriations Acts or
from within this Act may be used only for the purposes specified under
this Fund, in addition to the purposes for which such amounts were
appropriated: Provided further, That up to $15,000,000 may be
transferred to this account from all other accounts in this title
(except for the Office of the Inspector General account) that make funds
available for salaries and expenses.
office of inspector general
For necessary salaries and expenses of the Office of Inspector
General in carrying out the Inspector General Act of 1978, as amended,
$125,000,000: Provided, That the Inspector General shall have
independent authority over all personnel issues within this office.
transformation initiative
(including transfer of funds)
For necessary expenses for combating mortgage fraud, $20,000,000, to
remain available until expended.
In addition, of the amounts made available in this Act under each of
the following headings under this title, the Secretary may transfer to,
and merge with, this account up to 1 percent from each such account, and
such transferred amounts shall be available until September 30, 2012,
for (1) research, evaluation, and program metrics; (2) program
demonstrations; (3) technical assistance and capacity building; and (4)
information technology: ``Public Housing Capital Fund'',
``Revitalization of Severely Distressed Public Housing'', ``Brownfields
Redevelopment'', ``Section 108 Loan Guarantees'', ``Energy Innovation
Fund'', ``Housing Opportunities for Persons With AIDS'', ``Community
Development Fund'', ``HOME Investment Partnerships Program'', ``Self-
Help and Assisted Homeownership Opportunity Program'', ``Housing for the
Elderly'', ``Housing for Persons With Disabilities'', ``Housing
Counseling Assistance'',
[[Page 123 STAT. 3094]]
``Payment to Manufactured Housing Fees Trust Fund'', ``Mutual Mortgage
Insurance Program Account'', ``General and Special Risk Program
Account'', ``Research and Technology'', ``Lead Hazard Reduction'',
``Rental Housing Assistance'', and ``Fair Housing Activities'':
Provided, That of the amounts made available under this paragraph, not
less than $80,000,000 and not more than $180,000,000 shall be available
for information technology modernization, including development and
deployment of a Next Generation of Voucher Management System and
development and deployment of modernized Federal Housing Administration
systems: <<NOTE: Expenditure plan.>> Provided further, That not more
than 25 percent of the funds made available for information technology
modernization may be obligated until the Secretary submits to the
Committees on Appropriations a plan for expenditure that (1) identifies
for each modernization project (a) the functional and performance
capabilities to be delivered and the mission benefits to be realized,
(b) the estimated lifecycle cost, and (c) key milestones to be met; (2)
demonstrates that each modernization project is (a) compliant with the
department's enterprise architecture, (b) being managed in accordance
with applicable lifecycle management policies and guidance, (c) subject
to the department's capital planning and investment control
requirements, and (d) supported by an adequately staffed project office;
and (3) has been reviewed by the Government Accountability Office:
Provided further, That of the amounts made available under this
paragraph, not less than $45,000,000 shall be available for technical
assistance and capacity building: Provided further, That technical
assistance activities shall include, technical assistance for HUD
programs, including HOME, Community Development Block Grant, homeless
programs, HOPWA, HOPE VI, Public Housing, the Housing Choice Voucher
Program, Fair Housing Initiative Program, Housing Counseling, Healthy
Homes, Sustainable Communities, Energy Innovation Fund and other
technical assistance as determined by the
Secretary: <<NOTE: Assessment. Native Americans.>> Provided further,
That of the amounts made available for research, evaluation and program
metrics and program demonstrations, the Secretary shall include an
assessment of the housing needs of Native Americans, including
sustainable building practices: <<NOTE: Evaluation.>> Provided further,
That of the amounts made available for research, evaluation and program
metrics and program demonstrations, the Secretary shall include an
evaluation of the Moving-to-Work demonstration
program: <<NOTE: Allocation plan.>> Provided further, That the
Secretary shall submit a plan to the House and Senate Committees on
Appropriations for approval detailing how the funding provided under
this heading will be allocated to each of the four categories identified
under this heading and for what projects or activities funding will be
used: Provided further, That following the initial approval of this
plan, the Secretary may amend the plan with the approval of the House
and Senate Committees on Appropriations.
General Provisions--Department of Housing and Urban Development
Sec. 201. Fifty percent of the amounts of budget authority, or in
lieu thereof 50 percent of the cash amounts associated with such budget
authority, that are recaptured from projects described in section
1012(a) of the Stewart B. McKinney Homeless Assistance Amendments Act of
1988 (42 U.S.C. 1437 note) shall be rescission
[[Page 123 STAT. 3095]]
or in the case of cash, shall be remitted to the Treasury, and such
amounts of budget authority or cash recaptured and not rescission or
remitted to the Treasury shall be used by State housing finance agencies
or local governments or local housing agencies with projects approved by
the Secretary of Housing and Urban Development for which settlement
occurred after January 1, 1992, in accordance with such section.
Notwithstanding the previous sentence, the Secretary may award up to 15
percent of the budget authority or cash recaptured and not rescission or
remitted to the Treasury to provide project owners with incentives to
refinance their project at a lower interest rate.
Sec. 202. None of the amounts made available under this Act may be
used during fiscal year 2010 to investigate or prosecute under the Fair
Housing Act any otherwise lawful activity engaged in by one or more
persons, including the filing or maintaining of a non-frivolous legal
action, that is engaged in solely for the purpose of achieving or
preventing action by a Government official or entity, or a court of
competent jurisdiction.
Sec. 203. (a) <<NOTE: Grants. AIDS.>> Notwithstanding section
854(c)(1)(A) of the AIDS Housing Opportunity Act (42 U.S.C.
12903(c)(1)(A)), from any amounts made available under this title for
fiscal year 2010 that are allocated under such section, the Secretary of
Housing and Urban Development shall allocate and make a grant, in the
amount determined under subsection (b), for any State that--
(1) received an allocation in a prior fiscal year under
clause (ii) of such section; and
(2) is not otherwise eligible for an allocation for fiscal
year 2010 under such clause (ii) because the areas in the State
outside of the metropolitan statistical areas that qualify under
clause (i) in fiscal year 2010 do not have the number of cases
of acquired immunodeficiency syndrome (AIDS) required under such
clause.
(b) The amount of the allocation and grant for any State described
in subsection (a) shall be an amount based on the cumulative number of
AIDS cases in the areas of that State that are outside of metropolitan
statistical areas that qualify under clause (i) of such section
854(c)(1)(A) in fiscal year 2010, in proportion to AIDS cases among
cities and States that qualify under clauses (i) and (ii) of such
section and States deemed eligible under subsection (a).
(c) <<NOTE: New Jersey.>> Notwithstanding any other provision of
law, the amount allocated for fiscal year 2010 under section 854(c) of
the AIDS Housing Opportunity Act (42 U.S.C. 12903(c)), to the City of
New York, New York, on behalf of the New York-Wayne-White Plains, New
York-New Jersey Metropolitan Division (hereafter ``metropolitan
division'') of the New York-Newark-Edison, NY-NJ-PA Metropolitan
Statistical Area, shall be adjusted by the Secretary of Housing and
Urban Development by: (1) allocating to the City of Jersey City, New
Jersey, the proportion of the metropolitan area's or division's amount
that is based on the number of cases of AIDS reported in the portion of
the metropolitan area or division that is located in Hudson County, New
Jersey, and adjusting for the proportion of the metropolitan division's
high incidence bonus if this area in New Jersey also has a higher than
average per capita incidence of AIDS; and (2) allocating to the City of
Paterson, New Jersey, the proportion of the metropolitan area's or
division's amount that is based on the number of cases of AIDS reported
[[Page 123 STAT. 3096]]
in the portion of the metropolitan area or division that is located in
Bergen County and Passaic County, New Jersey, and adjusting for the
proportion of the metropolitan division's high incidence bonus if this
area in New Jersey also has a higher than average per capita incidence
of AIDS. The recipient cities shall use amounts allocated under this
subsection to carry out eligible activities under section 855 of the
AIDS Housing Opportunity Act (42 U.S.C. 12904) in their respective
portions of the metropolitan division that is located in New Jersey.
(d) <<NOTE: Time period.>> Notwithstanding any other provision of
law, the amount allocated for fiscal year 2010 under section 854(c) of
the AIDS Housing Opportunity Act (42 U.S.C. 12903(c)) to areas with a
higher than average per capita incidence of AIDS, shall be adjusted by
the Secretary on the basis of area incidence reported over a 3-year
period.
Sec. 204. Except as explicitly provided in law, any grant,
cooperative agreement or other assistance made pursuant to title II of
this Act shall be made on a competitive basis and in accordance with
section 102 of the Department of Housing and Urban Development Reform
Act of 1989 (42 U.S.C. 3545).
Sec. 205. Funds of the Department of Housing and Urban Development
subject to the Government Corporation Control Act or section 402 of the
Housing Act of 1950 shall be available, without regard to the
limitations on administrative expenses, for legal services on a contract
or fee basis, and for utilizing and making payment for services and
facilities of the Federal National Mortgage Association, Government
National Mortgage Association, Federal Home Loan Mortgage Corporation,
Federal Financing Bank, Federal Reserve banks or any member thereof,
Federal Home Loan banks, and any insured bank within the meaning of the
Federal Deposit Insurance Corporation Act, as amended (12 U.S.C. 1811-
1).
Sec. 206. Unless otherwise provided for in this Act or through a
reprogramming of funds, no part of any appropriation for the Department
of Housing and Urban Development shall be available for any program,
project or activity in excess of amounts set forth in the budget
estimates submitted to Congress.
Sec. 207. Corporations and agencies of the Department of Housing
and Urban Development which are subject to the Government Corporation
Control Act, are hereby authorized to make such expenditures, within the
limits of funds and borrowing authority available to each such
corporation or agency and in accordance with law, and to make such
contracts and commitments without regard to fiscal year limitations as
provided by section 104 of such Act as may be necessary in carrying out
the programs set forth in the budget for 2010 for such corporation or
agency except as hereinafter provided: Provided, That collections of
these corporations and agencies may be used for new loan or mortgage
purchase commitments only to the extent expressly provided for in this
Act (unless such loans are in support of other forms of assistance
provided for in this or prior appropriations Acts), except that this
proviso shall not apply to the mortgage insurance or guaranty operations
of these corporations, or where loans or mortgage purchases are
necessary to protect the financial interest of the United States
Government.
Sec. 208. <<NOTE: Deadlines. Reports. Budget.>> The Secretary of
Housing and Urban Development shall provide quarterly reports to the
House and Senate Committees
[[Page 123 STAT. 3097]]
on Appropriations regarding all uncommitted, unobligated, recaptured and
excess funds in each program and activity within the jurisdiction of the
Department and shall submit additional, updated budget information to
these Committees upon request.
Sec. 209. <<NOTE: AIDS. New Jersey.>> (a) Notwithstanding any other
provision of law, the amount allocated for fiscal year 2010 under
section 854(c) of the AIDS Housing Opportunity Act (42 U.S.C. 12903(c)),
to the City of Wilmington, Delaware, on behalf of the Wilmington,
Delaware-Maryland-New Jersey Metropolitan Division (hereafter
``metropolitan division''), shall be adjusted by the Secretary of
Housing and Urban Development by allocating to the State of New Jersey
the proportion of the metropolitan division's amount that is based on
the number of cases of AIDS reported in the portion of the metropolitan
division that is located in New Jersey, and adjusting for the proportion
of the metropolitan division's high incidence bonus if this area in New
Jersey also has a higher than average per capita incidence of AIDS. The
State of New Jersey shall use amounts allocated to the State under this
subsection to carry out eligible activities under section 855 of the
AIDS Housing Opportunity Act (42 U.S.C. 12904) in the portion of the
metropolitan division that is located in New Jersey.
(b) <<NOTE: North Carolina.>> Notwithstanding any other provision of
law, the Secretary of Housing and Urban Development shall allocate to
Wake County, North Carolina, the amounts that otherwise would be
allocated for fiscal year 2010 under section 854(c) of the AIDS Housing
Opportunity Act (42 U.S.C. 12903(c)) to the City of Raleigh, North
Carolina, on behalf of the Raleigh-Cary, North Carolina Metropolitan
Statistical Area. Any amounts allocated to Wake County shall be used to
carry out eligible activities under section 855 of such Act (42 U.S.C.
12904) within such metropolitan statistical area.
(c) Notwithstanding section 854(c) of the AIDS Housing Opportunity
Act (42 U.S.C. 12903(c)), the Secretary of Housing and Urban Development
may adjust the allocation of the amounts that otherwise would be
allocated for fiscal year 2010 under section 854(c) of such Act, upon
the written request of an applicant, in conjunction with the State(s),
for a formula allocation on behalf of a metropolitan statistical area,
to designate the State or States in which the metropolitan statistical
area is located as the eligible grantee(s) of the allocation. In the
case that a metropolitan statistical area involves more than one State,
such amounts allocated to each State shall be in proportion to the
number of cases of AIDS reported in the portion of the metropolitan
statistical area located in that State. Any amounts allocated to a State
under this section shall be used to carry out eligible activities within
the portion of the metropolitan statistical area located in that State.
Sec. 210. <<NOTE: Budget request.>> The President's formal budget
request for fiscal year 2011, as well as the Department of Housing and
Urban Development's congressional budget justifications to be submitted
to the Committees on Appropriations of the House of Representatives and
the Senate, shall use the identical account and sub-account structure
provided under this Act.
Sec. 211. <<NOTE: State listing.>> A public housing agency or such
other entity that administers Federal housing assistance for the Housing
Authority of the county of Los Angeles, California, the States of
Alaska, Iowa, and Mississippi shall not be required to include a
resident of public housing or a recipient of assistance provided under
section 8 of the United States Housing Act of 1937 on the board of
directors
[[Page 123 STAT. 3098]]
or a similar governing board of such agency or entity as required under
section (2)(b) of such Act. <<NOTE: Establishment.>> Each public housing
agency or other entity that administers Federal housing assistance under
section 8 for the Housing Authority of the county of Los Angeles,
California and the States of Alaska, Iowa and Mississippi that chooses
not to include a resident of Public Housing or a recipient of section 8
assistance on the board of directors or a similar governing board shall
establish an advisory board of not less than six residents of public
housing or recipients of section 8 assistance to provide advice and
comment to the public housing agency or other administering entity on
issues related to public housing and section 8. Such advisory board
shall meet not less than quarterly.
Sec. 212. <<NOTE: Transfer authority.>> (a) Notwithstanding any
other provision of law, subject to the conditions listed in subsection
(b), for fiscal years 2010 and 2011, the Secretary of Housing and Urban
Development may authorize the transfer of some or all project-based
assistance, debt and statutorily required low-income and very low-income
use restrictions, associated with one or more multifamily housing
project to another multifamily housing project or projects.
(b) The transfer authorized in subsection (a) is subject to the
following conditions:
(1) The number of low-income and very low-income units and
the net dollar amount of Federal assistance provided by the
transferring project shall remain the same in the receiving
project or projects.
(2) The transferring project shall, as determined by the
Secretary, be either physically obsolete or economically non-
viable.
(3) <<NOTE: Standards.>> The receiving project or projects
shall meet or exceed applicable physical standards established
by the Secretary.
(4) <<NOTE: Notification. Consultation. Certification.>> The
owner or mortgagor of the transferring project shall notify and
consult with the tenants residing in the transferring project
and provide a certification of approval by all appropriate local
governmental officials.
(5) The tenants of the transferring project who remain
eligible for assistance to be provided by the receiving project
or projects shall not be required to vacate their units in the
transferring project or projects until new units in the
receiving project are available for occupancy.
(6) <<NOTE: Determination.>> The Secretary determines that
this transfer is in the best interest of the tenants.
(7) If either the transferring project or the receiving
project or projects meets the condition specified in subsection
(c)(2)(A), any lien on the receiving project resulting from
additional financing obtained by the owner shall be subordinate
to any FHA-insured mortgage lien transferred to, or placed on,
such project by the Secretary.
(8) <<NOTE: Records. Contracts.>> If the transferring
project meets the requirements of subsection (c)(2)(E), the
owner or mortgagor of the receiving project or projects shall
execute and record either a continuation of the existing use
agreement or a new use agreement for the project where, in
either case, any use restrictions in such agreement are of no
lesser duration than the existing use restrictions.
(9) Any financial risk to the FHA General and Special Risk
Insurance Fund, as determined by the Secretary, would
[[Page 123 STAT. 3099]]
be reduced as a result of a transfer completed under this
section.
(10) <<NOTE: Determination.>> The Secretary determines that
Federal liability with regard to this project will not be
increased.
(c) <<NOTE: Definitions.>> For purposes of this section--
(1) the terms ``low-income'' and ``very low-income'' shall
have the meanings provided by the statute and/or regulations
governing the program under which the project is insured or
assisted;
(2) the term ``multifamily housing project'' means housing
that meets one of the following conditions--
(A) housing that is subject to a mortgage insured
under the National Housing Act;
(B) housing that has project-based assistance
attached to the structure including projects undergoing
mark to market debt restructuring under the Multifamily
Assisted Housing Reform and Affordability Housing Act;
(C) housing that is assisted under section 202 of
the Housing Act of 1959 as amended by section 801 of the
Cranston-Gonzales National Affordable Housing Act;
(D) housing that is assisted under section 202 of
the Housing Act of 1959, as such section existed before
the enactment of the Cranston-Gonzales National
Affordable Housing Act; or
(E) housing or vacant land that is subject to a use
agreement;
(3) the term ``project-based assistance'' means--
(A) assistance provided under section 8(b) of the
United States Housing Act of 1937;
(B) assistance for housing constructed or
substantially rehabilitated pursuant to assistance
provided under section 8(b)(2) of such Act (as such
section existed immediately before October 1, 1983);
(C) rent supplement payments under section 101 of
the Housing and Urban Development Act of 1965;
(D) interest reduction payments under section 236
and/or additional assistance payments under section
236(f)(2) of the National Housing Act; and
(E) assistance payments made under section 202(c)(2)
of the Housing Act of 1959;
(4) the term ``receiving project or projects'' means the
multifamily housing project or projects to which some or all of
the project-based assistance, debt, and statutorily required use
low-income and very low-income restrictions are to be
transferred;
(5) the term ``transferring project'' means the multifamily
housing project which is transferring some or all of the
project-based assistance, debt and the statutorily required low-
income and very low-income use restrictions to the receiving
project or projects; and
(6) the term ``Secretary'' means the Secretary of Housing
and Urban Development.
Sec. 213. <<NOTE: Native Alaskans.>> The funds made available for
Native Alaskans under the heading ``Native American Housing Block
Grants'' in title III of this Act shall be allocated to the same Native
Alaskan housing block grant recipients that received funds in fiscal
year 2005.
[[Page 123 STAT. 3100]]
Sec. 214. <<NOTE: Audits.>> No funds provided under this title may
be used for an audit of the Government National Mortgage Association
that makes applicable requirements under the Federal Credit Reform Act
of 1990 (2 U.S.C. 661 et seq.).
Sec. 215. (a) No assistance shall be provided under section 8 of the
United States Housing Act of 1937 (42 U.S.C. 1437f) to any individual
who--
(1) is enrolled as a student at an institution of higher
education (as defined under section 102 of the Higher Education
Act of 1965 (20 U.S.C. 1002));
(2) is under 24 years of age;
(3) is not a veteran;
(4) is unmarried;
(5) does not have a dependent child;
(6) is not a person with disabilities, as such term is
defined in section 3(b)(3)(E) of the United States Housing Act
of 1937 (42 U.S.C. 1437a(b)(3)(E)) and was not receiving
assistance under such section 8 as of November 30, 2005; and
(7) is not otherwise individually eligible, or has parents
who, individually or jointly, are not eligible, to receive
assistance under section 8 of the United States Housing Act of
1937 (42 U.S.C. 1437f).
(b) For purposes of determining the eligibility of a person to
receive assistance under section 8 of the United States Housing Act of
1937 (42 U.S.C. 1437f), any financial assistance (in excess of amounts
received for tuition) that an individual receives under the Higher
Education Act of 1965 (20 U.S.C. 1001 et seq.), from private sources, or
an institution of higher education (as defined under the Higher
Education Act of 1965 (20 U.S.C. 1002)), shall be considered income to
that individual, except for a person over the age of 23 with dependent
children.
Sec. 216. Notwithstanding the limitation in the first sentence of
section 255(g) of the National Housing Act (12 U.S.C. 1715z-g)), the
Secretary of Housing and Urban Development may, until September 30,
2010, insure and enter into commitments to insure mortgages under
section 255(g) of the National Housing Act (12 U.S.C. 1715z-20).
Sec. 217. Notwithstanding any other provision of law, in fiscal
year 2010, in managing and disposing of any multifamily property that is
owned or has a mortgage held by the Secretary of Housing and Urban
Development, the Secretary shall maintain any rental assistance payments
under section 8 of the United States Housing Act of 1937 and other
programs that are attached to any dwelling units in the
property. <<NOTE: Determination. Contracts.>> To the extent the
Secretary determines, in consultation with the tenants and the local
government, that such a multifamily property owned or held by the
Secretary is not feasible for continued rental assistance payments under
such section 8 or other programs, based on consideration of (1) the
costs of rehabilitating and operating the property and all available
Federal, State, and local resources, including rent adjustments under
section 524 of the Multifamily Assisted Housing Reform and Affordability
Act of 1997 (``MAHRAA'') and (2) environmental conditions that cannot be
remedied in a cost-effective fashion, the Secretary may, in consultation
with the tenants of that property, contract for project-based rental
assistance payments with an owner or owners of other existing housing
properties, or provide other rental assistance. The Secretary shall also
take appropriate steps
[[Page 123 STAT. 3101]]
to ensure that project-based contracts remain in effect prior to
foreclosure, subject to the exercise of contractual abatement remedies
to assist relocation of tenants for imminent major threats to health and
safety. After disposition of any multifamily property described under
this section, the contract and allowable rent levels on such properties
shall be subject to the requirements under section 524 of MAHRAA.
Sec. 218. <<NOTE: Michigan. Contracts. Determination.>> During
fiscal year 2010, in the provision of rental assistance under section
8(o) of the United States Housing Act of 1937 (42 U.S.C. 1437f(o)) in
connection with a program to demonstrate the economy and effectiveness
of providing such assistance for use in assisted living facilities that
is carried out in the counties of the State of Michigan notwithstanding
paragraphs (3) and (18)(B)(iii) of such section 8(o), a family residing
in an assisted living facility in any such county, on behalf of which a
public housing agency provides assistance pursuant to section 8(o)(18)
of such Act, may be required, at the time the family initially receives
such assistance, to pay rent in an amount exceeding 40 percent of the
monthly adjusted income of the family by such a percentage or amount as
the Secretary of Housing and Urban Development determines to be
appropriate.
Sec. 219. <<NOTE: Reports. Deadlines. Contracts.>> The Secretary of
Housing and Urban Development shall report quarterly to the House of
Representatives and Senate Committees on Appropriations on HUD's use of
all sole source contracts, including terms of the contracts, cost, and a
substantive rationale for using a sole source contract.
Sec. 220. Notwithstanding any other provision of law, the recipient
of a grant under section 202b of the Housing Act of 1959 (12 U.S.C.
1701q) after December 26, 2000, in accordance with the unnumbered
paragraph at the end of section 202(b) of such Act, may, at its option,
establish a single-asset nonprofit entity to own the project and may
lend the grant funds to such entity, which may be a private nonprofit
organization described in section 831 of the American Homeownership and
Economic Opportunity Act of 2000.
Sec. 221. (a) The amounts provided under the subheading ``Program
Account'' under the heading ``Community Development Loan Guarantees''
may be used to guarantee, or make commitments to guarantee, notes, or
other obligations issued by any State on behalf of non-entitlement
communities in the State in accordance with the requirements of section
108 of the Housing and Community Development Act of 1974: Provided,
That, any State receiving such a guarantee or commitment shall
distribute all funds subject to such guarantee to the units of general
local government in non-entitlement areas that received the commitment.
(b) <<NOTE: Deadline. Regulations.>> Not later than 60 days after
the date of enactment of this Act, the Secretary of Housing and Urban
Development shall promulgate regulations governing the administration of
the funds described under subsection (a).
Sec. 222. Section 24 of the United States Housing Act of 1937 (42
U.S.C. 1437v) is amended--
(1) in subsection (m)(1), by striking ``fiscal year'' and
all that follows through the period at the end and inserting
``fiscal year 2010.''; and
(2) in subsection (o), by striking ``September'' and all
that follows through the period at the end and inserting
``September 30, 2010.''.
[[Page 123 STAT. 3102]]
Sec. 223. <<NOTE: Exemption.>> Public housing agencies that own and
operate 400 or fewer public housing units may elect to be exempt from
any asset management requirement imposed by the Secretary of Housing and
Urban Development in connection with the operating fund rule: Provided,
That an agency seeking a discontinuance of a reduction of subsidy under
the operating fund formula shall not be exempt from asset management
requirements.
Sec. 224. <<NOTE: 42 USC 1437g note.>> With respect to the use of
amounts provided in this Act and in future Acts for the operation,
capital improvement and management of public housing as authorized by
sections 9(d) and 9(e) of the United States Housing Act of 1937 (42
U.S.C. 1437g(d) and (e)), the Secretary shall not impose any requirement
or guideline relating to asset management that restricts or limits in
any way the use of capital funds for central office costs pursuant to
section 9(g)(1) or 9(g)(2) of the United States Housing Act of 1937 (42
U.S.C. 1437g(g)(1), (2)): Provided, That a public housing agency may not
use capital funds authorized under section 9(d) for activities that are
eligible under section 9(e) for assistance with amounts from the
operating fund in excess of the amounts permitted under section 9(g)(1)
or 9(g)(2).
Sec. 225. <<NOTE: Allotment holder. Determination.>> No official or
employee of the Department of Housing and Urban Development shall be
designated as an allotment holder unless the Office of the Chief
Financial Officer has determined that such allotment holder has
implemented an adequate system of funds control and has received
training in funds control procedures and
directives. <<NOTE: Deadline. Designation.>> The Chief Financial Officer
shall ensure that, not later than 90 days after the date of enactment of
this Act, a trained allotment holder shall be designated for each HUD
subaccount under the headings ``Executive Direction'' and heading
``Administration, Operations, and Management'' as well as each account
receiving appropriations for ``personnel compensation and benefits''
within the Department of Housing and Urban Development.
Sec. 226. <<NOTE: Reports. Deadlines.>> The Secretary of Housing
and Urban Development shall report quarterly to the House of
Representatives and Senate Committees on Appropriations on the status of
all section 8 project-based housing, including the number of all
project-based units by region as well as an analysis of all federally
subsidized housing being refinanced under the Mark-to-Market program.
The Secretary shall in the report identify all existing units maintained
by region as section 8 project-based units and all project-based units
that have opted out of section 8 or have otherwise been eliminated as
section 8 project-based units. The Secretary shall identify in detail
and by project all the efforts made by the Department to preserve all
section 8 project-based housing units and all the reasons for any units
which opted out or otherwise were lost as section 8 project-based units.
Such analysis shall include a review of the impact of the loss of any
subsidized units in that housing marketplace, such as the impact of cost
and the loss of available subsidized, low-income housing in areas with
scarce housing resources for low-income families.
Sec. 227. Payment of attorney fees in program-related litigation
must be paid from individual program office personnel benefits and
compensation funding. The annual budget submission for program office
personnel benefit and compensation funding must include program-related
litigation costs for attorney fees as a separate line item request.
[[Page 123 STAT. 3103]]
Sec. 228. <<NOTE: Notification. Federal Register, publication. 42
USC 3545a.>> The Secretary of the Department of Housing and Urban
Development shall for Fiscal Year 2010 and subsequent fiscal years,
notify the public through the Federal Register and other means, as
determined appropriate, of the issuance of a notice of the availability
of assistance or notice of funding availability (NOFA) for any program
or discretionary fund administered by the Secretary that is to be
competitively awarded. <<NOTE: Web posting.>> Notwithstanding any other
provision of law, for Fiscal Year 2010 and subsequent fiscal years, the
Secretary may make the NOFA available only on the Internet at the
appropriate government website or websites or through other electronic
media, as determined by the Secretary.
Sec. 229. (a) Approval of Prepayment of Debt.--Upon request of the
project sponsor of a project assisted with a loan under section 202 of
the Housing Act of 1959 (as in effect before the enactment of the
Cranston-Gonzalez National Affordable Housing Act), for which the
Secretary's consent to prepayment is required, the Secretary shall
approve the prepayment of any indebtedness to the Secretary relating to
any remaining principal and interest under the loan as part of a
prepayment plan under which--
(1) the project sponsor agrees to operate the project until
the maturity date of the original loan under terms at least as
advantageous to existing and future tenants as the terms
required by the original loan agreement or any project-based
rental assistance payments contract under section 8 of the
United States Housing Act of 1937 (or any other project-based
rental housing assistance programs of the Department of Housing
and Urban Development, including the rent supplement program
under section 101 of the Housing and Urban Development Act of
1965 (12 U.S.C. 1701s)) or any successor project-based rental
assistance program, except as provided by subsection (a)(2)(B);
and
(2) the prepayment may involve refinancing of the loan if
such refinancing results--
(A) in a lower interest rate on the principal of the
loan for the project and in reductions in debt service
related to such loan; or
(B) in the case of a project that is assisted with a
loan under such section 202 carrying an interest rate of
6 percent or lower, a transaction under which--
(i) the project owner shall address the
physical needs of the project;
(ii) <<NOTE: Cost estimate.>> the prepayment
plan for the transaction, including the
refinancing, shall meet a cost benefit analysis,
as established by the Secretary, that the benefit
of the transaction outweighs the cost of the
transaction including any increases in rent
charged to unassisted tenants;
(iii) the overall cost for providing rental
assistance under section 8 for the project (if
any) is not increased, except, upon approval by
the Secretary to--
(I) mark-up-to-market contracts
pursuant to section 524(a)(3) of the
Multifamily Assisted Housing Reform and
Affordability Act (42 U.S.C. 1437f
note), as such section is carried out by
the Secretary for properties owned by
nonprofit organizations; or
[[Page 123 STAT. 3104]]
(II) mark-up-to-budget contracts
pursuant to section 524(a)(4) of the
Multifamily Assisted Housing Reform and
Affordability Act (42 U.S.C. 1437f
note), as such section is carried out by
the Secretary for properties owned by
eligible owners (as such term is defined
in section 202(k) of the Housing Act of
1959 (12 U.S.C. 1701q(k));
(iv) the project owner may charge tenants rent
sufficient to meet debt service payments and
operating cost requirements, as approved by the
Secretary, if project-based rental assistance is
not available or is insufficient for the debt
service and operating cost of the project after
refinancing. Such approval by the Secretary--
(I) shall be the basis for the owner
to agree to terminate the project-based
rental assistance contract that is
insufficient for the debt service and
operating cost of the project after
refinancing; and
(II) shall be an eligibility event
for the project for purposes of section
8(t) of the United States Housing Act of
1937 (42 U.S.C. 1437f(t));
(v) units to be occupied by tenants assisted
under section 8(t) of the United States Housing
Act of 1937 (42 U.S.C. 1437f(t)) shall, upon
termination of the occupancy of such tenants,
become eligible for project-based assistance under
section 8(o)(13) of the United States Housing Act
of 1937 (42 U.S.C. 1437f(o)(13)) without regard to
the percentage limitations provided in such
section; and
(vi) <<NOTE: Contracts. Time period.>> there
shall be a use agreement of 20 years from the date
of the maturity date of the original 202 loan for
all units, including units to be occupied by
tenants assisted under section 8(t) of the United
States Housing Act of 1937 (42 U.S.C. 1437f(t)).
Sec. 230. <<NOTE: Homeless.>> No property identified by the
Secretary of Housing and Urban Development as surplus Federal property
for use to assist the homeless shall be made available to any homeless
group unless the group is a member in good standing under any of HUD's
homeless assistance programs or is in good standing with any other
program which receives funds from any other Federal or State agency or
entity: Provided, That an exception may be made for an entity not
involved with Federal homeless programs to use surplus Federal property
for the homeless only after the Secretary or another responsible Federal
agency has fully and comprehensively reviewed all relevant finances of
the entity, the track record of the entity in assisting the homeless,
the ability of the entity to manage the property, including all costs,
the ability of the entity to administer homeless programs in a manner
that is effective to meet the needs of the homeless population that is
expected to use the property and any other related issues that
demonstrate a commitment to assist the homeless: Provided further, That
the Secretary shall not require the entity to have cash in hand in order
to demonstrate financial ability but may rely on the entity's prior
demonstrated fundraising ability or commitments for in-kind donations of
goods and services: Provided further, That the Secretary shall make all
such information and its decision
[[Page 123 STAT. 3105]]
regarding the award of the surplus property available to the committees
of jurisdiction, including a full justification of the appropriateness
of the use of the property to assist the homeless as well as the
appropriateness of the group seeking to obtain the property to use such
property to assist the homeless: <<NOTE: Applicability.>> Provided
further, That, this section shall apply to properties in fiscal years
2009 and 2010 made available as surplus Federal property for use to
assist the homeless.
Sec. 231. <<NOTE: Transfer authority. Submission.>> The Secretary
of the Department of Housing and Urban Development is authorized to
transfer up to 5 percent of funds appropriated for any account under
this title under the heading ``Personnel Compensation and Benefits'' to
any other account under this title under the heading ``Personnel
Compensation and Benefits'' only after such transfer has been submitted
to, and received prior written approval by, the House and Senate
Committees on Appropriations: Provided, That, no appropriation for any
such account shall be increased or decreased by more than 10 percent by
all such transfers.
Sec. 232. <<NOTE: Requirements.>> The Secretary of Housing and
Urban Development may increase, pursuant to this section, the number of
Moving-to-Work agencies authorized under section 204, title II, of the
Departments of Veterans Affairs and Housing and Urban Development and
Independent Agencies Appropriations Act, 1996 (Public Law 104-134; 110
Stat. 1321) by adding to the program three Public Housing Agencies that
meet the following requirements: is a High Performing Agency under the
Public Housing Assessment System (PHAS). No PHA shall be granted this
designation through this section that administers in excess of 5,000
aggregate housing vouchers and public housing units. No PHA granted this
designation through this section shall receive more funding under
sections 8 or 9 of the United States Housing Act of 1937 than they
otherwise would have received absent this
designation. <<NOTE: Reports.>> In addition to other reporting
requirements, all Moving-to-Work agencies shall report financial data to
the Department of Housing and Urban Development as specified by the
Secretary, so that the effect of Moving-to-Work policy changes can be
measured.
Sec. 233. Notwithstanding any other provision of law, in
determining the market value of any multifamily real property or
multifamily loan for any noncompetitive sale to a State or local
government, the Secretary shall in fiscal year 2010 consider, but not be
limited to, industry standard appraisal practices, including the cost of
repairs needed to bring the property into such condition as to satisfy
minimum State and local code standards and the cost of maintaining the
affordability restrictions imposed by the Secretary on the multifamily
real property or multifamily loan.
Sec. 234. The Disaster Housing Assistance Programs, administered by
the Department of Housing and Urban Development, shall be considered a
``program of the Department of Housing and Urban Development'' under
section 904 of the McKinney Act for the purpose of income verifications
and matching.
Sec. 235. (a) In General.-- <<NOTE: Reports. Web posting.>> The
Secretary of Housing and Urban Development shall prepare a report, and
post such report on the public website of the Department of Housing and
Urban Development (in this section referred to as the ``Department''),
regarding the number of homes owned by the Department and the budget
impact of acquiring, maintaining, and selling such homes.
[[Page 123 STAT. 3106]]
(b) Content.--The report required by this section shall include--
(1) the number of residential homes that the Department
owned during the years 2004 through 2009;
(2) an itemized breakdown of the total annual financial
impact, including losses and gains from selling homes and
maintenance and acquisition of homes, of home ownership by the
Department since 2004;
(3) a detailed explanation of the reasons for the ownership
by the Department of the homes;
(4) a list of the 10 urban areas in which the Department
owns the most homes and the rate of homelessness in each of
those areas; and
(5) a list of the 10 States in which the Department owns the
most homes and the rate of homelessness in each of those States.
Sec. 236. The matter under the heading ``Community Development
Fund'', under the heading ``Community Planning and Development'', under
the heading ``Department of Housing and Urban Development'' in chapter
10 of title I of division B of the Consolidated Security, Disaster
Assistance, and Continuing Appropriations Act, 2009 (Public Law 110-329;
122 Stat. 3601) is amended by striking ``: Provided further, That none
of the funds provided under this heading may be used by a State or
locality as a matching requirement, share, or contribution for any other
Federal program''.
This title may be cited as the ``Department of Housing and Urban
Development Appropriations Act, 2010''.
TITLE III
RELATED AGENCIES
Access Board
Salaries and Expenses
For expenses necessary for the Access Board, as authorized by
section 502 of the Rehabilitation Act of 1973, as amended, $7,300,000:
Provided, That, notwithstanding any other provision of law, there may be
credited to this appropriation funds received for publications and
training expenses.
Federal Maritime Commission
salaries and expenses
For necessary expenses of the Federal Maritime Commission as
authorized by section 201(d) of the Merchant Marine Act, 1936, as
amended (46 U.S.C. App. 1111), including services as authorized by 5
U.S.C. 3109; hire of passenger motor vehicles as authorized by 31 U.S.C.
1343(b); and uniforms or allowances therefore, as authorized by 5 U.S.C.
5901-5902, $24,135,000: Provided, That not to exceed $2,000 shall be
available for official reception and representation expenses.
[[Page 123 STAT. 3107]]
National Railroad Passenger Corporation
office of inspector general
salaries and expenses
For necessary expenses of the Office of Inspector General for the
National Railroad Passenger Corporation to carry out the provisions of
the Inspector General Act of 1978, as amended, $19,000,000: Provided,
That the Inspector General shall have all necessary authority, in
carrying out the duties specified in the Inspector General Act, as
amended (5 U.S.C. App. 3), to investigate allegations of fraud,
including false statements to the government (18 U.S.C. 1001), by any
person or entity that is subject to regulation by the National Railroad
Passenger Corporation: Provided further, That the Inspector General may
enter into contracts and other arrangements for audits, studies,
analyses, and other services with public agencies and with private
persons, subject to the applicable laws and regulations that govern the
obtaining of such services within the National Railroad Passenger
Corporation: Provided further, That the Inspector General may select,
appoint, and employ such officers and employees as may be necessary for
carrying out the functions, powers, and duties of the Office of
Inspector General, subject to the applicable laws and regulations that
govern such selections, appointments, and employment within
Amtrak: <<NOTE: Budget requests.>> Provided further, That concurrent
with the President's budget request for fiscal year 2011, the Inspector
General shall submit to the House and Senate Committees on
Appropriations a budget request for fiscal year 2011 in similar format
and substance to those submitted by executive agencies of the Federal
Government.
National Transportation Safety Board
salaries and expenses
For necessary expenses of the National Transportation Safety Board,
including hire of passenger motor vehicles and aircraft; services as
authorized by 5 U.S.C. 3109, but at rates for individuals not to exceed
the per diem rate equivalent to the rate for a GS-15; uniforms, or
allowances therefor, as authorized by law (5 U.S.C. 5901-5902)
$98,050,000, of which not to exceed $2,000 may be used for official
reception and representation expenses: Provided, That of the funds
provided under this heading, $2,416,000 shall remain available through
September 30, 2011: <<NOTE: Audits.>> Provided further, That of the
funds provided, up to $100,000 shall be provided through reimbursement
to the Department of Transportation's Office of Inspector General to
audit the National Transportation Safety Board's financial statements.
The amounts made available to the National Transportation Safety Board
in this Act include amounts necessary to make lease payments on an
obligation incurred in fiscal year 2001 for a capital lease.
Neighborhood Reinvestment Corporation
payment to the neighborhood reinvestment corporation
For payment to the Neighborhood Reinvestment Corporation for use in
neighborhood reinvestment activities, as authorized by
[[Page 123 STAT. 3108]]
the Neighborhood Reinvestment Corporation Act (42 U.S.C. 8101-8107),
$133,000,000, of which $5,000,000 shall be for a multi-family rental
housing program: <<NOTE: 42 USC 8104.>> Provided, That section 605(a) of
the Neighborhood Reinvestment Corporation Act (42 U.S.C. 8104) is
amended by adding at the end of the first sentence, prior to the period,
``, except that the board-appointed officers may be paid salary at a
rate not to exceed level II of the Executive Schedule'': Provided
further, That in addition, $35,000,000 shall be made available until
expended for capital grants to rehabilitate or finance the
rehabilitation of affordable housing units, including necessary
administrative expenses: <<NOTE: Foreclosures.>> Provided further, That
in addition, $65,000,000 shall be made available until expended to the
Neighborhood Reinvestment Corporation for mortgage foreclosure
mitigation activities, under the following terms and conditions:
(1) <<NOTE: Grants. Waiver authority.>> The Neighborhood
Reinvestment Corporation (``NRC''), shall make grants to
counseling intermediaries approved by the Department of Housing
and Urban Development (HUD) (with match to be determined by the
NRC based on affordability and the economic conditions of an
area; a match also may be waived by the NRC based on the
aforementioned conditions) to provide mortgage foreclosure
mitigation assistance primarily to States and areas with high
rates of defaults and foreclosures to help eliminate the default
and foreclosure of mortgages of owner-occupied single-family
homes that are at risk of such foreclosure. Other than areas
with high rates of defaults and foreclosures, grants may also be
provided to approved counseling intermediaries based on a
geographic analysis of the Nation by the NRC which determines
where there is a prevalence of mortgages that are risky and
likely to fail, including any trends for mortgages that are
likely to default and face foreclosure. A State Housing Finance
Agency may also be eligible where the State Housing Finance
Agency meets all the requirements under this
paragraph. <<NOTE: Requirements.>> A HUD-approved counseling
intermediary shall meet certain mortgage foreclosure mitigation
assistance counseling requirements, as determined by the NRC,
and shall be approved by HUD or the NRC as meeting these
requirements.
(2) Mortgage foreclosure mitigation assistance shall only be
made available to homeowners of owner-occupied homes with
mortgages in default or in danger of default. These mortgages
shall likely be subject to a foreclosure action and homeowners
will be provided such assistance that shall consist of
activities that are likely to prevent foreclosures and result in
the long-term affordability of the mortgage retained pursuant to
such activity or another positive outcome for the homeowner. No
funds made available under this paragraph may be provided
directly to lenders or homeowners to discharge outstanding
mortgage balances or for any other direct debt reduction
payments.
(3) The use of Mortgage Foreclosure Mitigation Assistance by
approved counseling intermediaries and State Housing Finance
Agencies shall involve a reasonable analysis of the borrower's
financial situation, an evaluation of the current value of the
property that is subject to the mortgage, counseling regarding
the assumption of the mortgage by another non-Federal party,
counseling regarding the possible purchase of the mortgage by a
non-Federal third party, counseling and
[[Page 123 STAT. 3109]]
advice of all likely restructuring and refinancing strategies or
the approval of a work-out strategy by all interested parties.
(4) <<NOTE: Certification.>> NRC may provide up to 15
percent of the total funds under this paragraph to its own
charter members with expertise in foreclosure prevention
counseling, subject to a certification by the NRC that the
procedures for selection do not consist of any procedures or
activities that could be construed as an unacceptable conflict
of interest or have the appearance of impropriety.
(5) HUD-approved counseling entities and State Housing
Finance Agencies receiving funds under this paragraph shall have
demonstrated experience in successfully working with financial
institutions as well as borrowers facing default, delinquency
and foreclosure as well as documented counseling capacity,
outreach capacity, past successful performance and positive
outcomes with documented counseling plans (including post
mortgage foreclosure mitigation counseling), loan workout
agreements and loan modification agreements. NRC may use other
criteria to demonstrate capacity in underserved areas.
(6) Of the total amount made available under this paragraph,
up to $3,000,000 may be made available to build the mortgage
foreclosure and default mitigation counseling capacity of
counseling intermediaries through NRC training courses with HUD-
approved counseling intermediaries and their partners, except
that private financial institutions that participate in NRC
training shall pay market rates for such training.
(7) Of the total amount made available under this paragraph,
up to 4 percent may be used for associated administrative
expenses for the NRC to carry out activities provided under this
section.
(8) Mortgage foreclosure mitigation assistance grants may
include a budget for outreach and advertising, and training, as
determined by the NRC.
(9) <<NOTE: Reports. Deadline.>> The NRC shall continue to
report bi-annually to the House and Senate Committees on
Appropriations as well as the Senate Banking Committee and House
Financial Services Committee on its efforts to mitigate mortgage
default.
United States Interagency Council on Homelessness
operating expenses
For necessary expenses (including payment of salaries, authorized
travel, hire of passenger motor vehicles, the rental of conference
rooms, and the employment of experts and consultants under section 3109
of title 5, United States Code) of the United States Interagency Council
on Homelessness in carrying out the functions pursuant to title II of
the McKinney-Vento Homeless Assistance Act, as amended, $2,450,000.
TITLE IV
GENERAL PROVISIONS--THIS ACT
Sec. 401. Such sums as may be necessary for fiscal year 2010 pay
raises for programs funded in this Act shall be absorbed within the
levels appropriated in this Act or previous appropriations Acts.
[[Page 123 STAT. 3110]]
Sec. 402. None of the funds in this Act shall be used for the
planning or execution of any program to pay the expenses of, or
otherwise compensate, non-Federal parties intervening in regulatory or
adjudicatory proceedings funded in this Act.
Sec. 403. None of the funds appropriated in this Act shall remain
available for obligation beyond the current fiscal year, nor may any be
transferred to other appropriations, unless expressly so provided
herein.
Sec. 404. <<NOTE: Contracts.>> The expenditure of any appropriation
under this Act for any consulting service through procurement contract
pursuant to section 3109 of title 5, United States Code, shall be
limited to those contracts where such expenditures are a matter of
public record and available for public inspection, except where
otherwise provided under existing law, or under existing Executive order
issued pursuant to existing law.
Sec. 405. Except as otherwise provided in this Act, none of the
funds provided in this Act, provided by previous appropriations Acts to
the agencies or entities funded in this Act that remain available for
obligation or expenditure in fiscal year 2010, or provided from any
accounts in the Treasury derived by the collection of fees and available
to the agencies funded by this Act, shall be available for obligation or
expenditure through a reprogramming of funds that: (1) creates a new
program; (2) eliminates a program, project, or activity; (3) increases
funds or personnel for any program, project, or activity for which funds
have been denied or restricted by the Congress; (4) proposes to use
funds directed for a specific activity by either the House or Senate
Committees on Appropriations for a different purpose; (5) augments
existing programs, projects, or activities in excess of $5,000,000 or 10
percent, whichever is less; (6) reduces existing programs, projects, or
activities by $5,000,000 or 10 percent, whichever is less; or (7)
creates, reorganizes, or restructures a branch, division, office,
bureau, board, commission, agency, administration, or department
different from the budget justifications submitted to the Committees on
Appropriations or the table accompanying the explanatory statement
accompanying this Act, whichever is more detailed, unless prior approval
is received from the House and Senate Committees on
Appropriations: <<NOTE: Deadline. Reports.>> Provided, That not later
than 60 days after the date of enactment of this Act, each agency funded
by this Act shall submit a report to the Committees on Appropriations of
the Senate and of the House of Representatives to establish the baseline
for application of reprogramming and transfer authorities for the
current fiscal year: Provided further, That the report shall include:
(1) a table for each appropriation with a separate column to display the
President's budget request, adjustments made by Congress, adjustments
due to enacted rescissions, if appropriate, and the fiscal year enacted
level; (2) a delineation in the table for each appropriation both by
object class and program, project, and activity as detailed in the
budget appendix for the respective appropriation; and (3) an
identification of items of special congressional interest: Provided
further, <<NOTE: Fines.>> That the amount appropriated or limited for
salaries and expenses for an agency shall be reduced by $100,000 per day
for each day after the required date that the report has not been
submitted to the Congress.
Sec. 406. Except as otherwise specifically provided by law, not to
exceed 50 percent of unobligated balances remaining available at the end
of fiscal year 2010 from appropriations made available
[[Page 123 STAT. 3111]]
for salaries and expenses for fiscal year 2010 in this Act, shall remain
available through September 30, 2011, for each such account for the
purposes authorized: Provided, <<NOTE: Expenditure request.>> That a
request shall be submitted to the House and Senate Committees on
Appropriations for approval prior to the expenditure of such funds:
Provided further, That these requests shall be made in compliance with
reprogramming guidelines under section 405 of this Act.
Sec. 407. <<NOTE: Reports. Deadline.>> All Federal agencies and
departments that are funded under this Act shall issue a report to the
House and Senate Committees on Appropriations on all sole source
contracts by no later than July 30, 2010. Such report shall include the
contractor, the amount of the contract and the rationale for using a
sole source contract.
Sec. 408. (a) None of the funds made available in this Act may be
obligated or expended for any employee training that--
(1) does not meet identified needs for knowledge, skills,
and abilities bearing directly upon the performance of official
duties;
(2) contains elements likely to induce high levels of
emotional response or psychological stress in some participants;
(3) does not require prior employee notification of the
content and methods to be used in the training and written end
of course evaluation;
(4) contains any methods or content associated with
religious or quasi-religious belief systems or ``new age''
belief systems as defined in Equal Employment Opportunity
Commission Notice N-915.022, dated September 2, 1988; or
(5) is offensive to, or designed to change, participants'
personal values or lifestyle outside the workplace.
(b) Nothing in this section shall prohibit, restrict, or otherwise
preclude an agency from conducting training bearing directly upon the
performance of official duties.
Sec. 409. <<NOTE: Eminent domain.>> No funds in this Act may be
used to support any Federal, State, or local projects that seek to use
the power of eminent domain, unless eminent domain is employed only for
a public use: Provided, That for purposes of this section, public use
shall not be construed to include economic development that primarily
benefits private entities: Provided further, That any use of funds for
mass transit, railroad, airport, seaport or highway projects as well as
utility projects which benefit or serve the general public (including
energy-related, communication-related, water-related and wastewater-
related infrastructure), other structures designated for use by the
general public or which have other common-carrier or public-utility
functions that serve the general public and are subject to regulation
and oversight by the government, and projects for the removal of an
immediate threat to public health and safety or brownsfield as defined
in the Small Business Liability Relief and Brownsfield Revitalization
Act (Public Law 107-118) shall be considered a public use for purposes
of eminent domain.
Sec. 410. None of the funds made available in this Act may be
transferred to any department, agency, or instrumentality of the United
States Government, except pursuant to a transfer made by, or transfer
authority provided in, this Act or any other appropriations Act.
Sec. 411. <<NOTE: Employment. Deadline. Time
period. Certification.>> No part of any appropriation contained in this
Act shall be available to pay the salary for any person filling a
position,
[[Page 123 STAT. 3112]]
other than a temporary position, formerly held by an employee who has
left to enter the Armed Forces of the United States and has
satisfactorily completed his period of active military or naval service,
and has within 90 days after his release from such service or from
hospitalization continuing after discharge for a period of not more than
1 year, made application for restoration to his former position and has
been certified by the Office of Personnel Management as still qualified
to perform the duties of his former position and has not been restored
thereto.
Sec. 412. No funds appropriated pursuant to this Act may be
expended in contravention of sections 2 through 4 of the Act of March 3,
1933 (41 U.S.C. 10a-10c, popularly known as the ``Buy American Act'').
Sec. 413. No funds appropriated or otherwise made available under
this Act shall be made available to any person or entity that has been
found to violate the Buy American Act (41 U.S.C. 10a-10c).
Sec. 414. None of the funds made available in this Act may be used
for first-class airline accommodations in contravention of sections 301-
10.122 and 301-10.123 of title 41, Code of Federal Regulations.
Sec. 415. <<NOTE: Light bulbs.>> None of the funds made available
in this Act may be used to purchase a light bulb for an office building
unless the light bulb has, to the extent practicable, an Energy Star or
Federal Energy Management Program designation.
Sec. 416. <<NOTE: Web posting.>> (a) Any agency receiving funds made
available in this Act, shall, subject to subsections (b) and (c), post
on the public website of that agency any report required to be submitted
by the Congress in this or any other Act, upon the determination by the
head of the agency that it shall serve the national interest.
(b) Subsection (a) shall not apply to a report if--
(1) the public posting of the report compromises national
security; or
(2) the report contains proprietary information.
(c) <<NOTE: Time period.>> The head of the agency posting such
report shall do so only after such report has been made available to the
requesting Committee or Committees of Congress for no less than 45 days.
Sec. 417. None of the funds made available in this Act may be used
to establish, issue, implement, administer, or enforce any prohibition
or restriction on the establishment or effectiveness of any occupancy
preference for veterans in supportive housing for the elderly that: (1)
is provided assistance by the Department of Housing and Urban
Development; and (2)(A) is or would be located on property of the
Department of Veterans Affairs; or (B) is subject to an enhanced use
lease with the Department of Veterans Affairs.
Sec. 418. <<NOTE: ACORN.>> None of the funds made available under
this Act or any prior Act may be provided to the Association of
Community Organizations for Reform Now (ACORN), or any of its
affiliates, subsidiaries, or allied organizations.
Sec. 419. <<NOTE: Earmarks.>> Specific projects contained in the
report of the Committee on Appropriations of the House of
Representatives accompanying this Act (H. Rept. 111-218) that are
considered congressional earmarks for purposes of clause 9 of rule XXI
of the Rules of the House of Representatives, when intended to be
awarded to a for-profit entity, shall be awarded under a full and open
competition.
[[Page 123 STAT. 3113]]
This division may be cited as the ``Transportation, Housing and
Urban Development, and Related Agencies Appropriations Act, 2010''.
DIVISION B <<NOTE: Commerce, Justice, Science, and Related Agencies
Appropriations Act, 2010.>> --COMMERCE, JUSTICE, SCIENCE, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2010
TITLE I <<NOTE: Department of Commerce Appropriations Act, 2010.>>
DEPARTMENT OF COMMERCE
International Trade Administration
operations and administration
For necessary expenses for international trade activities of the
Department of Commerce provided for by law, and for engaging in trade
promotional activities abroad, including expenses of grants and
cooperative agreements for the purpose of promoting exports of United
States firms, without regard to 44 U.S.C. 3702 and 3703; full medical
coverage for dependent members of immediate families of employees
stationed overseas and employees temporarily posted overseas; travel and
transportation of employees of the International Trade Administration
between two points abroad, without regard to 49 U.S.C. 40118; employment
of Americans and aliens by contract for services; rental of space abroad
for periods not exceeding 10 years, and expenses of alteration, repair,
or improvement; purchase or construction of temporary demountable
exhibition structures for use abroad; payment of tort claims, in the
manner authorized in the first paragraph of 28 U.S.C. 2672 when such
claims arise in foreign countries; not to exceed $327,000 for official
representation expenses abroad; purchase of passenger motor vehicles for
official use abroad, not to exceed $45,000 per vehicle; obtaining
insurance on official motor vehicles; and rental of tie lines,
$456,204,000, to remain available until September 30, 2011, of which
$9,439,000 is to be derived from fees to be retained and used by the
International Trade Administration, notwithstanding 31 U.S.C. 3302:
Provided, That not less than $49,530,000 shall be for Manufacturing and
Services; not less than $43,212,000 shall be for Market Access and
Compliance; not less than $68,290,000 shall be for the Import
Administration; not less than $258,438,000 shall be for the Trade
Promotion and United States and Foreign Commercial Service; and not less
than $27,295,000 shall be for Executive Direction and Administration:
Provided further, That not less than $7,000,000 shall be for the Office
of China Compliance, and not less than $4,400,000 shall be for the China
Countervailing Duty Group: Provided further,
<<NOTE: Applicability.>> That the provisions of the first sentence of
section 105(f) and all of section 108(c) of the Mutual Educational and
Cultural Exchange Act of 1961 (22 U.S.C. 2455(f) and 2458(c)) shall
apply in carrying out these activities without regard to section 5412 of
the Omnibus Trade and Competitiveness Act of 1988 (15 U.S.C. 4912); and
that for the purpose of this Act, contributions under the provisions of
the Mutual Educational and Cultural Exchange Act of 1961 shall include
payment for assessments for services provided as part of these
activities: <<NOTE: Negotiations.>> Provided further, That negotiations
shall be conducted within the World Trade Organization to recognize the
right
[[Page 123 STAT. 3114]]
of members to distribute monies collected from antidumping and
countervailing duties: Provided further, That negotiations shall be
conducted within the World Trade Organization consistent with the
negotiating objectives contained in the Trade Act of 2002, Public Law
107-210: Provided further, That within the amounts appropriated,
$5,215,000 shall be used for the projects, and in the amounts, specified
in the explanatory statement accompanying this Act.
Bureau of Industry and Security
operations and administration
For necessary expenses for export administration and national
security activities of the Department of Commerce, including costs
associated with the performance of export administration field
activities both domestically and abroad; full medical coverage for
dependent members of immediate families of employees stationed overseas;
employment of Americans and aliens by contract for services abroad;
payment of tort claims, in the manner authorized in the first paragraph
of 28 U.S.C. 2672 when such claims arise in foreign countries; not to
exceed $15,000 for official representation expenses abroad; awards of
compensation to informers under the Export Administration Act of 1979,
and as authorized by 22 U.S.C. 401(b); and purchase of passenger motor
vehicles for official use and motor vehicles for law enforcement use
with special requirement vehicles eligible for purchase without regard
to any price limitation otherwise established by law, $100,342,000, to
remain available until expended, of which $14,767,000 shall be for
inspections and other activities related to national
security: <<NOTE: Applicability.>> Provided, That the provisions of the
first sentence of section 105(f) and all of section 108(c) of the Mutual
Educational and Cultural Exchange Act of 1961 (22 U.S.C. 2455(f) and
2458(c)) shall apply in carrying out these activities: Provided further,
That payments and contributions collected and accepted for materials or
services provided as part of such activities may be retained for use in
covering the cost of such activities, and for providing information to
the public with respect to the export administration and national
security activities of the Department of Commerce and other export
control programs of the United States and other governments.
Economic Development Administration
economic development assistance programs
For grants for economic development assistance as provided by the
Public Works and Economic Development Act of 1965, and for trade
adjustment assistance, $255,000,000, to remain available until expended.
salaries and expenses
For necessary expenses of administering the economic development
assistance programs as provided for by law, $38,000,000: Provided, That
these funds may be used to monitor projects approved pursuant to title I
of the Public Works Employment Act of 1976, title II of the Trade Act of
1974, and the Community Emergency Drought Relief Act of 1977.
[[Page 123 STAT. 3115]]
Minority Business Development Agency
minority business development
For necessary expenses of the Department of Commerce in fostering,
promoting, and developing minority business enterprise, including
expenses of grants, contracts, and other agreements with public or
private organizations, $31,500,000: Provided, That within the amounts
appropriated, $1,100,000 shall be used for the projects, and in the
amounts, specified in the explanatory statement accompanying this Act.
Economic and Statistical Analysis
salaries and expenses
For necessary expenses, as authorized by law, of economic and
statistical analysis programs of the Department of Commerce,
$97,255,000, to remain available until September 30, 2011.
Bureau of the Census
salaries and expenses
For expenses necessary for collecting, compiling, analyzing,
preparing, and publishing statistics, provided for by law, $259,024,000.
periodic censuses and programs
For necessary expenses to collect and publish statistics for
periodic censuses and programs provided for by law, $7,065,707,000, of
which $100,000,000 shall be derived from available unobligated balances
previously appropriated under this heading, to remain available until
September 30, 2011: <<NOTE: Race identification. 13 USC 5
note.>> Provided, That none of the funds provided in this or any other
Act for any fiscal year may be used for the collection of census data on
race identification that does not include ``some other race'' as a
category: Provided further, That from amounts provided herein, funds may
be used for additional promotion, outreach, and marketing activities.
National Telecommunications and Information Administration
salaries and expenses
For necessary expenses, as provided for by law, of the National
Telecommunications and Information Administration (NTIA), $19,999,000,
to remain available until September 30, 2011: Provided, That,
notwithstanding 31 U.S.C. 1535(d), the Secretary of Commerce shall
charge Federal agencies for costs incurred in spectrum management,
analysis, operations, and related services, and such fees shall be
retained and used as offsetting collections for costs of such spectrum
services, to remain available until expended: Provided further, That the
Secretary of Commerce is authorized to retain and use as offsetting
collections all funds transferred, or previously transferred, from other
Government agencies for all costs incurred in telecommunications
research, engineering, and related activities by the Institute for
Telecommunication Sciences
[[Page 123 STAT. 3116]]
of NTIA, in furtherance of its assigned functions under this paragraph,
and such funds received from other Government agencies shall remain
available until expended.
public telecommunications facilities, planning and construction
For the administration of grants, authorized by section 392 of the
Communications Act of 1934, $20,000,000, to remain available until
expended as authorized by section 391 of the Act: Provided, That not to
exceed $2,000,000 shall be available for program administration as
authorized by section 391 of the Act: Provided further, That,
notwithstanding the provisions of section 391 of the Act, the prior year
unobligated balances may be made available for grants for projects for
which applications have been submitted and approved during any fiscal
year.
United States Patent and Trademark Office
salaries and expenses
For necessary expenses of the United States Patent and Trademark
Office (USPTO) provided for by law, including defense of suits
instituted against the Under Secretary of Commerce for Intellectual
Property and Director of the United States Patent and Trademark Office,
$1,887,000,000, to remain available until expended: Provided, That the
sum herein appropriated from the general fund shall be reduced as
offsetting collections assessed and collected pursuant to 15 U.S.C. 1113
and 35 U.S.C. 41 and 376 are received during fiscal year 2010, so as to
result in a fiscal year 2010 appropriation from the general fund
estimated at $0: Provided further, That during fiscal year 2010, should
the total amount of offsetting fee collections be less than
$1,887,000,000, this amount shall be reduced accordingly: Provided
further, That from amounts provided herein, not to exceed $1,000 shall
be made available in fiscal year 2010 for official reception and
representation expenses: Provided further, That in fiscal year 2010 from
the amounts made available for ``Salaries and Expenses'' for the USPTO,
the amounts necessary to pay: (1) the difference between the percentage
of basic pay contributed by the USPTO and employees under section
8334(a) of title 5, United States Code, and the normal cost percentage
(as defined by section 8331(17) of that title) of basic pay, of
employees subject to subchapter III of chapter 83 of that title; and (2)
the present value of the otherwise unfunded accruing costs, as
determined by the Office of Personnel Management, of post-retirement
life insurance and post-retirement health benefits coverage for all
USPTO employees, shall be transferred to the Civil Service Retirement
and Disability Fund, the Employees Life Insurance Fund, and the
Employees Health Benefits Fund, as appropriate, and shall be available
for the authorized purposes of those accounts: Provided
further, <<NOTE: Applicability. 35 USC 41 note.>> That sections 801,
802, and 803 of division B, Public Law 108-447 shall remain in effect
during fiscal year 2010: Provided further, That the Director may, this
year, reduce by regulation fees payable for documents in patent and
trademark matters, in connection with the filing of documents filed
electronically in a form prescribed by the Director: Provided further,
That from the amounts provided herein, no less than $4,000,000 shall be
available only for the USPTO contribution in
[[Page 123 STAT. 3117]]
a cooperative or joint agreement or agreements with a non-profit
organization or organizations, successfully audited within the previous
year, and with previous experience in such programs, to conduct policy
studies, including studies relating to activities of United Nations
Specialized agencies and other international organizations, as well as
conferences and other development programs, in support of fair
international protection of intellectual property rights.
National Institute of Standards and Technology
scientific and technical research and services
For necessary expenses of the National Institute of Standards and
Technology, $515,000,000, to remain available until expended, of which
not to exceed $9,000,000 may be transferred to the ``Working Capital
Fund'': Provided, That not to exceed $10,000 shall be for official
reception and representation expenses: Provided further, That within the
amounts appropriated, $10,500,000 shall be used for the projects, and in
the amounts, specified in the explanatory statement accompanying this
Act.
industrial technology services
For necessary expenses of the Hollings Manufacturing Extension
Partnership of the National Institute of Standards and Technology,
$124,700,000, to remain available until expended. In addition, for
necessary expenses of the Technology Innovation Program of the National
Institute of Standards and Technology, $69,900,000, to remain available
until expended.
construction of research facilities
For construction of new research facilities, including architectural
and engineering design, and for renovation and maintenance of existing
facilities, not otherwise provided for the National Institute of
Standards and Technology, as authorized by 15 U.S.C. 278c-278e,
$147,000,000, to remain available until expended, of which $20,000,000
is for a competitive construction grant program for research science
buildings: Provided, That within the amounts appropriated, $47,000,000
shall be used for the projects, and in the amounts, specified in the
explanatory statement accompanying this Act: <<NOTE: Budget estimate. 15
USC 1513b note.>> Provided further, That the Secretary of Commerce shall
include in the budget justification materials that the Secretary submits
to Congress in support of the Department of Commerce budget (as
submitted with the budget of the President under section 1105(a) of
title 31, United States Code) an estimate for each National Institute of
Standards and Technology construction project having a total multi-year
program cost of more than $5,000,000 and simultaneously the budget
justification materials shall include an estimate of the budgetary
requirements for each such project for each of the five subsequent
fiscal years.
[[Page 123 STAT. 3118]]
National Oceanic and Atmospheric Administration
operations, research, and facilities
(including transfers of funds)
For necessary expenses of activities authorized by law for the
National Oceanic and Atmospheric Administration, including maintenance,
operation, and hire of aircraft and vessels; grants, contracts, or other
payments to nonprofit organizations for the purposes of conducting
activities pursuant to cooperative agreements; and relocation of
facilities, $3,305,178,000, to remain available until September 30,
2011, except for funds provided for cooperative enforcement, which shall
remain available until September 30, 2012: Provided, That fees and
donations received by the National Ocean Service for the management of
national marine sanctuaries may be retained and used for the salaries
and expenses associated with those activities, notwithstanding 31 U.S.C.
3302: Provided further, That in addition, $3,000,000 shall be derived by
transfer from the fund entitled ``Coastal Zone Management'' and in
addition $104,600,000 shall be derived by transfer from the fund
entitled ``Promote and Develop Fishery Products and Research Pertaining
to American Fisheries'': Provided further, That of the $3,412,778,000
provided for in direct obligations under this heading $3,305,178,000 is
appropriated from the general fund, and $107,600,000 is provided by
transfer: Provided further, That the total amount available for the
National Oceanic and Atmospheric Administration corporate services
administrative support costs shall not exceed $235,549,000: Provided
further, That payments of funds made available under this heading to the
Department of Commerce Working Capital Fund including Department of
Commerce General Counsel legal services shall not exceed $41,944,000:
Provided further, That within the amounts appropriated, $99,295,000
shall be used for the projects, and in the amounts, specified in the
explanatory statement accompanying this Act: Provided further, That any
deviation from the amounts designated for specific activities in the
explanatory statement accompanying this Act, or any use of deobligated
balances of funds provided under this heading in previous years, shall
be subject to the procedures set forth in section 505 of this Act:
Provided further, <<NOTE: Grants.>> That in allocating grants under
sections 306 and 306A of the Coastal Zone Management Act of 1972, as
amended, no coastal State shall receive more than 5 percent or less than
1 percent of increased funds appropriated over the previous fiscal year.
In addition, for necessary retired pay expenses under the Retired
Serviceman's Family Protection and Survivor Benefits Plan, and for
payments for the medical care of retired personnel and their dependents
under the Dependents Medical Care Act (10 U.S.C. 55), such sums as may
be necessary.
procurement, acquisition and construction
For procurement, acquisition and construction of capital assets,
including alteration and modification costs, of the National Oceanic and
Atmospheric Administration, $1,358,353,000, to remain available until
September 30, 2012, except funds provided for construction of facilities
which shall remain available until expended: Provided, That of the
$1,360,353,000 provided for in direct obligations
[[Page 123 STAT. 3119]]
under this heading, $1,358,353,000 is appropriated from the general fund
and $2,000,000 is provided from recoveries of prior year obligations:
Provided further, That except to the extent expressly prohibited by any
other law, the Department of Defense may delegate procurement functions
related to the National Polar-orbiting Operational Environmental
Satellite System to officials of the Department of Commerce pursuant to
section 2311 of title 10, United States Code: Provided further, That any
deviation from the amounts designated for specific activities in the
explanatory statement accompanying this Act, or any use of deobligated
balances of funds provided under this heading in previous years, shall
be subject to the procedures set forth in section 505 of this
Act: <<NOTE: Budget estimates.>> Provided further, That the Secretary of
Commerce shall include in budget justification materials that the
Secretary submits to Congress in support of the Department of Commerce
budget (as submitted with the budget of the President under section
1105(a) of title 31, United States Code) an estimate for each National
Oceanic and Atmospheric Administration Procurement, Acquisition or
Construction project having a total of more than $5,000,000 and
simultaneously the budget justification shall include an estimate of the
budgetary requirements for each such project for each of the five
subsequent fiscal years: Provided further, <<NOTE: Contracts. University
of Alabama.>> That the Secretary of Commerce is authorized to enter
into a lease, at no cost to the United States Government, with the
Regents of the University of Alabama for a term of not less than 55
years, with two successive options each of 5 years, for land situated on
the campus of University of Alabama in Tuscaloosa to house the
Cooperative Institute and Research Center for Southeast Weather and
Hydrology: Provided further, That within the amounts appropriated,
$18,000,000 shall be used for the projects, and in the amounts,
specified in the explanatory statement accompanying this Act.
pacific coastal salmon recovery
For necessary expenses associated with the restoration of Pacific
salmon populations, $80,000,000, to remain available until September 30,
2011: Provided, That of the funds provided herein the Secretary of
Commerce may issue grants to the States of Washington, Oregon, Idaho,
Nevada, California, and Alaska, and Federally-recognized tribes of the
Columbia River and Pacific Coast for projects necessary for conservation
of salmon and steelhead populations that are listed as threatened or
endangered, or identified by a State as at-risk to be so-listed, for
maintaining populations necessary for exercise of tribal treaty fishing
rights or native subsistence fishing, or for conservation of Pacific
coastal salmon and steelhead habitat, based on guidelines to be
developed by the Secretary of Commerce: Provided further, That funds
disbursed to States shall be subject to a matching requirement of funds
or documented in-kind contributions of at least 33 percent of the
Federal funds.
coastal zone management fund
(including transfer of funds)
Of amounts collected pursuant to section 308 of the Coastal Zone
Management Act of 1972 (16 U.S.C. 1456a), not to exceed
[[Page 123 STAT. 3120]]
$3,000,000 shall be transferred to the ``Operations, Research, and
Facilities'' account to offset the costs of implementing such Act.
fisheries finance program account
Subject to section 502 of the Congressional Budget Act of 1974,
during fiscal year 2010, obligations of direct loans may not exceed
$16,000,000 for Individual Fishing Quota loans and not to exceed
$59,000,000 for traditional direct loans as authorized by the Merchant
Marine Act of 1936: Provided, That none of the funds made available
under this heading may be used for direct loans for any new fishing
vessel that will increase the harvesting capacity in any United States
fishery.
Departmental Management
salaries and expenses
For expenses necessary for the departmental management of the
Department of Commerce provided for by law, including not to exceed
$5,000 for official reception and representation, $58,000,000:
Provided, <<NOTE: Deadline. Reports.>> That the Secretary, within 60
days of enactment of this Act, shall provide a report to the Committees
on Appropriations of the House and Senate that audits and evaluates all
decision documents and expenditures by the Bureau of the Census as they
relate to the 2010 Census: <<NOTE: Certification.>> Provided further,
That of the amounts provided to the Secretary within this account,
$5,000,000 shall not become available for obligation until the Secretary
certifies to the Committees on Appropriations of the House and Senate
that the Bureau of the Census has followed and met all standards and
best practices, and all Office of Management and Budget guidelines
related to information technology projects and contract management.
herbert c. hoover building renovation and modernization
For expenses necessary, including blast windows, for the renovation
and modernization of the Herbert C. Hoover Building, $22,500,000, to
remain available until expended.
office of inspector general
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978 (5
U.S.C. App.), $27,000,000.
General Provisions--Department of Commerce
Sec. 101. During the current fiscal year, applicable appropriations
and funds made available to the Department of Commerce by this Act shall
be available for the activities specified in the Act of October 26, 1949
(15 U.S.C. 1514), to the extent and in the manner prescribed by the Act,
and, notwithstanding 31 U.S.C. 3324, may be used for advanced payments
not otherwise authorized only upon the certification of officials
designated by the Secretary of Commerce that such payments are in the
public interest.
Sec. 102. During the current fiscal year, appropriations made
available to the Department of Commerce by this Act for salaries
[[Page 123 STAT. 3121]]
and expenses shall be available for hire of passenger motor vehicles as
authorized by 31 U.S.C. 1343 and 1344; services as authorized by 5
U.S.C. 3109; and uniforms or allowances therefor, as authorized by law
(5 U.S.C. 5901-5902).
Sec. 103. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Department of Commerce in
this Act may be transferred between such appropriations, but no such
appropriation shall be increased by more than 10 percent by any such
transfers: Provided, That any transfer pursuant to this section shall be
treated as a reprogramming of funds under section 505 of this Act and
shall not be available for obligation or expenditure except in
compliance with the procedures set forth in that section: Provided
further, <<NOTE: Notification. Deadline.>> That the Secretary of
Commerce shall notify the Committees on Appropriations at least 15 days
in advance of the acquisition or disposal of any capital asset
(including land, structures, and equipment) not specifically provided
for in this Act or any other law appropriating funds for the Department
of Commerce: Provided further, That for the National Oceanic and
Atmospheric Administration this section shall provide for transfers
among appropriations made only to the National Oceanic and Atmospheric
Administration and such appropriations may not be transferred and
reprogrammed to other Department of Commerce bureaus and appropriation
accounts.
Sec. 104. Any costs incurred by a department or agency funded under
this title resulting from personnel actions taken in response to funding
reductions included in this title or from actions taken for the care and
protection of loan collateral or grant property shall be absorbed within
the total budgetary resources available to such department or agency:
Provided, That the authority to transfer funds between appropriations
accounts as may be necessary to carry out this section is provided in
addition to authorities included elsewhere in this Act: Provided
further, That use of funds to carry out this section shall be treated as
a reprogramming of funds under section 505 of this Act and shall not be
available for obligation or expenditure except in compliance with the
procedures set forth in that section.
Sec. <<NOTE: Incorporation by reference. 33 USC 878a note.>> 105.
The requirements set forth by section 112 of division B of Public Law
110-161 are hereby adopted by reference.
Sec. 106. Notwithstanding any other law, the Secretary may furnish
services (including but not limited to utilities, telecommunications,
and security services) necessary to support the operation, maintenance,
and improvement of space that persons, firms or organizations are
authorized pursuant to the Public Buildings Cooperative Use Act of 1976
or other authority to use or occupy in the Herbert C. Hoover Building,
Washington, DC, or other buildings, the maintenance, operation, and
protection of which has been delegated to the Secretary from the
Administrator of General Services pursuant to the Federal Property and
Administrative Services Act of 1949, as amended, on a reimbursable or
non-reimbursable basis. Amounts received as reimbursement for services
provided under this section or the authority under which the use or
occupancy of the space is authorized, up to $200,000, shall be credited
to the appropriation or fund which initially bears the costs of such
services.
Sec. 107. <<NOTE: President.>> With the consent of the President,
the Secretary of Commerce shall represent the United States Government
in negotiating and monitoring international agreements regarding
[[Page 123 STAT. 3122]]
fisheries, marine mammals, or sea turtles: Provided, That the Secretary
of Commerce shall be responsible for the development and
interdepartmental coordination of the policies of the United States with
respect to the international negotiations and agreements referred to in
this section.
Sec. 108. Section 101(k) of the Emergency Steel Loan Guarantee Act
of 1999 (15 U.S.C. 1841 note) is amended by striking ``2009'' and
inserting ``2011''.
Sec. 109. Nothing in this title shall be construed to prevent a
grant recipient from deterring child pornography, copyright
infringement, or any other unlawful activity over its networks.
Sec. 110. The Administration of the National Oceanic and
Atmospheric Administration is authorized to use, with their consent,
with reimbursement and subject to the limits of available
appropriations, the land, services, equipment, personnel, and facilities
of any department, agency or instrumentality of the United States, or of
any State, local government, Indian tribal government, Territory or
possession, or of any political subdivision thereof, or of any foreign
government or international organization for purposes related to
carrying out the responsibilities of any statute administered by the
National Oceanic and Atmospheric Administration.
This title may be cited as the ``Department of Commerce
Appropriations Act, 2010''.
TITLE II <<NOTE: Department of Justice Appropriations Act, 2010.>>
DEPARTMENT OF JUSTICE
General Administration
salaries and expenses
For expenses necessary for the administration of the Department of
Justice, $118,488,000, of which not to exceed $4,000,000 for security
and construction of Department of Justice facilities shall remain
available until expended: Provided, That the Attorney General is
authorized to transfer funds appropriated within General Administration
to any office in this account: Provided further, That $18,693,000 is for
Department Leadership; $8,101,000 is for Intergovernmental Relations/
External Affairs; $12,715,000 is for Executive Support/Professional
Responsibility; and $78,979,000 is for the Justice Management Division:
Provided further, That any change in amounts specified in the preceding
proviso greater than 5 percent shall be submitted for approval to the
House and Senate Committees on Appropriations consistent with the terms
of section 505 of this Act: Provided further, That this transfer
authority is in addition to transfers authorized under section 505 of
this Act.
national drug intelligence center
For necessary expenses of the National Drug Intelligence Center,
$44,023,000, of which $2,000,000 shall be for reimbursement of Air Force
personnel for the National Drug Intelligence Center to support the
Department of Defense's counter-drug intelligence responsibilities:
Provided, That the National Drug Intelligence Center shall maintain the
personnel and technical resources to provide timely support to law
enforcement authorities and the intelligence community by conducting
document and computer
[[Page 123 STAT. 3123]]
exploitation of materials collected in Federal, State, and local law
enforcement activity associated with counter-drug, counterterrorism, and
national security investigations and operations.
justice information sharing technology
For necessary expenses for information sharing technology, including
planning, development, deployment and departmental direction,
$88,285,000, to remain available until expended.
tactical law enforcement wireless communications
For the costs of developing and implementing a nation-wide
Integrated Wireless Network supporting Federal law enforcement
communications, and for the costs of operations and maintenance of
existing Land Mobile Radio legacy systems, $206,143,000, to remain
available until expended: Provided, That the Attorney General shall
transfer to this account all funds made available to the Department of
Justice for the purchase of portable and mobile radios: Provided
further, That any transfer made under the preceding proviso shall be
subject to section 505 of this Act.
administrative review and appeals
For expenses necessary for the administration of pardon and clemency
petitions and immigration-related activities, $300,685,000, of which
$4,000,000 shall be derived by transfer from the Executive Office for
Immigration Review fees deposited in the ``Immigration Examinations
Fee'' account.
detention trustee
For necessary expenses of the Federal Detention Trustee,
$1,438,663,000, to remain available until expended: Provided, That the
Trustee shall be responsible for managing the Justice Prisoner and Alien
Transportation System: Provided further, That not to exceed $5,000,000
shall be considered ``funds appropriated for State and local law
enforcement assistance'' pursuant to 18 U.S.C. 4013(b).
office of inspector general
For necessary expenses of the Office of Inspector General,
$84,368,000, including not to exceed $10,000 to meet unforeseen
emergencies of a confidential character.
United States Parole Commission
salaries and expenses
For necessary expenses of the United States Parole Commission as
authorized, $12,859,000.
Legal Activities
salaries and expenses, general legal activities
For expenses necessary for the legal activities of the Department of
Justice, not otherwise provided for, including not to exceed
[[Page 123 STAT. 3124]]
$20,000 for expenses of collecting evidence, to be expended under the
direction of, and to be accounted for solely under the certificate of,
the Attorney General; and rent of private or Government-owned space in
the District of Columbia, $875,097,000, of which not to exceed
$10,000,000 for litigation support contracts shall remain available
until expended: Provided, That of the total amount appropriated, not to
exceed $10,000 shall be available to the United States National Central
Bureau, INTERPOL, for official reception and representation expenses:
Provided further, That notwithstanding section 205 of this Act, upon a
determination by the Attorney General that emergent circumstances
require additional funding for litigation activities of the Civil
Division, the Attorney General may transfer such amounts to ``Salaries
and Expenses, General Legal Activities'' from available appropriations
for the current fiscal year for the Department of Justice, as may be
necessary to respond to such circumstances: Provided further, That any
transfer pursuant to the previous proviso shall be treated as a
reprogramming under section 505 of this Act and shall not be available
for obligation or expenditure except in compliance with the procedures
set forth in that section: Provided further, That of the amount
appropriated, such sums as may be necessary shall be available to
reimburse the Office of Personnel Management for salaries and expenses
associated with the election monitoring program under section 8 of the
Voting Rights Act of 1965 (42 U.S.C. 1973f): Provided further, That of
the amounts provided under this heading for the election monitoring
program $3,390,000, shall remain available until expended.
In addition, for reimbursement of expenses of the Department of
Justice associated with processing cases under the National Childhood
Vaccine Injury Act of 1986, not to exceed $7,833,000, to be appropriated
from the Vaccine Injury Compensation Trust Fund.
salaries and expenses, antitrust division
For expenses necessary for the enforcement of antitrust and kindred
laws, $163,170,000, to remain available until expended: Provided, That
notwithstanding any other provision of law, fees collected for premerger
notification filings under the Hart-Scott-Rodino Antitrust Improvements
Act of 1976 (15 U.S.C. 18a), regardless of the year of collection (and
estimated to be $102,000,000 in fiscal year 2010), shall be retained and
used for necessary expenses in this appropriation, and shall remain
available until expended: Provided further, That the sum herein
appropriated from the general fund shall be reduced as such offsetting
collections are received during fiscal year 2010, so as to result in a
final fiscal year 2010 appropriation from the general fund estimated at
$61,170,000.
salaries and expenses, united states attorneys
For necessary expenses of the Offices of the United States
Attorneys, including inter-governmental and cooperative agreements,
$1,934,003,000: Provided, That of the total amount appropriated, not to
exceed $8,000 shall be available for official reception and
representation expenses: Provided further, That not to exceed
$25,000,000 shall remain available until expended: Provided further,
That of the amount provided under this heading, not less than
[[Page 123 STAT. 3125]]
$36,980,000 shall be used for salaries and expenses for assistant U.S.
Attorneys to carry out section 704 of the Adam Walsh Child Protection
and Safety Act of 2006 (Public Law 109-248) concerning the prosecution
of offenses relating to the sexual exploitation of children: Provided
further, That of the amount provided under this heading, $6,000,000 is
for salaries and expenses for new assistant U.S. Attorneys to carry out
additional prosecutions of serious crimes in Indian Country.
united states trustee system fund
For necessary expenses of the United States Trustee Program, as
authorized, $219,250,000, to remain available until expended and to be
derived from the United States Trustee System Fund: Provided, That
notwithstanding any other provision of law, deposits to the Fund shall
be available in such amounts as may be necessary to pay refunds due
depositors: Provided further, That, notwithstanding any other provision
of law, $210,000,000 of offsetting collections pursuant to 28 U.S.C.
589a(b) shall be retained and used for necessary expenses in this
appropriation and shall remain available until expended: Provided
further, That the sum herein appropriated from the Fund shall be reduced
as such offsetting collections are received during fiscal year 2010, so
as to result in a final fiscal year 2010 appropriation from the Fund
estimated at $4,250,000.
salaries and expenses, foreign claims settlement commission
For expenses necessary to carry out the activities of the Foreign
Claims Settlement Commission, including services as authorized by
section 3109 of title 5, United States Code, $2,117,000.
fees and expenses of witnesses
For fees and expenses of witnesses, for expenses of contracts for
the procurement and supervision of expert witnesses, for private counsel
expenses, including advances, and for expenses of foreign counsel,
$168,300,000, to remain available until expended: Provided, That not to
exceed $10,000,000 may be made available for construction of buildings
for protected witness safesites: Provided further, That not to exceed
$3,000,000 may be made available for the purchase and maintenance of
armored and other vehicles for witness security caravans: Provided
further, That not to exceed $11,000,000 may be made available for the
purchase, installation, maintenance, and upgrade of secure
telecommunications equipment and a secure automated information network
to store and retrieve the identities and locations of protected
witnesses.
salaries and expenses, community relations service
For necessary expenses of the Community Relations Service,
$11,479,000: Provided, That notwithstanding section 205 of this Act,
upon a determination by the Attorney General that emergent circumstances
require additional funding for conflict resolution and violence
prevention activities of the Community Relations Service, the Attorney
General may transfer such amounts to the Community Relations Service,
from available appropriations for the current fiscal year for the
Department of Justice, as may be necessary
[[Page 123 STAT. 3126]]
to respond to such circumstances: Provided further, That any transfer
pursuant to the preceding proviso shall be treated as a reprogramming
under section 505 of this Act and shall not be available for obligation
or expenditure except in compliance with the procedures set forth in
that section.
assets forfeiture fund
For expenses authorized by 28 U.S.C. 524(c)(1)(B), (F), and (G),
$20,990,000, to be derived from the Department of Justice Assets
Forfeiture Fund.
United States Marshals Service
salaries and expenses
For necessary expenses of the United States Marshals Service,
$1,125,763,000; of which not to exceed $30,000 shall be available for
official reception and representation expenses; and of which not to
exceed $10,000,000 shall remain available until expended for information
technology systems.
construction
For construction in space controlled, occupied or utilized by the
United States Marshals Service for prisoner holding and related support,
$26,625,000, to remain available until expended; of which not less than
$12,625,000 shall be available for the costs of courthouse security
equipment, including furnishings, relocations, and telephone systems and
cabling.
National Security Division
salaries and expenses
For expenses necessary to carry out the activities of the National
Security Division, $87,938,000; of which not to exceed $5,000,000 for
information technology systems shall remain available until expended:
Provided, That notwithstanding section 205 of this Act, upon a
determination by the Attorney General that emergent circumstances
require additional funding for the activities of the National Security
Division, the Attorney General may transfer such amounts to this heading
from available appropriations for the current fiscal year for the
Department of Justice, as may be necessary to respond to such
circumstances: Provided further, That any transfer pursuant to the
preceding proviso shall be treated as a reprogramming under section 505
of this Act and shall not be available for obligation or expenditure
except in compliance with the procedures set forth in that section.
Interagency Law Enforcement
interagency crime and drug enforcement
For necessary expenses for the identification, investigation, and
prosecution of individuals associated with the most significant drug
trafficking and affiliated money laundering organizations not otherwise
provided for, to include inter-governmental agreements with
[[Page 123 STAT. 3127]]
State and local law enforcement agencies engaged in the investigation
and prosecution of individuals involved in organized crime drug
trafficking, $528,569,000, of which $50,000,000 shall remain available
until expended: Provided, That any amounts obligated from appropriations
under this heading may be used under authorities available to the
organizations reimbursed from this appropriation.
Federal Bureau of Investigation
salaries and expenses
For necessary expenses of the Federal Bureau of Investigation for
detection, investigation, and prosecution of crimes against the United
States, $7,658,622,000, of which $101,066,000 is designated as being for
overseas deployments and other activities pursuant to sections 401(c)(4)
and 423(a)(1) of S. Con. Res. 13 (111th Congress), the concurrent
resolution on the budget for fiscal year 2010; and of which not to
exceed $150,000,000 shall remain available until expended: Provided,
That not to exceed $205,000 shall be available for official reception
and representation expenses: Provided further, That notwithstanding
section 205 of this Act, the Director of the Federal Bureau of
Investigation, upon a determination that additional funding is necessary
to carry out construction of the Biometrics Technology Center, may
transfer from amounts available for ``Salaries and Expenses'' to amounts
available for ``Construction'' up to $30,000,000 in fees collected to
defray expenses for the automation of fingerprint identification and
criminal justice information services and associated costs: Provided
further, That any transfer made pursuant to the previous proviso shall
be subject to section 505 of this Act.
construction
For all necessary expenses, to include the cost of equipment,
furniture, and information technology requirements, related to
construction or acquisition of buildings, facilities and sites by
purchase, or as otherwise authorized by law; conversion, modification
and extension of Federally-owned buildings; and preliminary planning and
design of projects; $239,915,000, to remain available until expended.
Drug Enforcement Administration
salaries and expenses
For necessary expenses of the Drug Enforcement Administration,
including not to exceed $70,000 to meet unforeseen emergencies of a
confidential character pursuant to 28 U.S.C. 530C; and expenses for
conducting drug education and training programs, including travel and
related expenses for participants in such programs and the distribution
of items of token value that promote the goals of such programs,
$2,019,682,000; of which not to exceed $75,000,000 shall remain
available until expended; and of which not to exceed $100,000 shall be
available for official reception and representation expenses.
[[Page 123 STAT. 3128]]
Bureau of Alcohol, Tobacco, Firearms and Explosives
salaries and expenses
For necessary expenses of the Bureau of Alcohol, Tobacco, Firearms
and Explosives, not to exceed $40,000 for official reception and
representation expenses; for training of State and local law enforcement
agencies with or without reimbursement, including training in connection
with the training and acquisition of canines for explosives and fire
accelerants detection; and for provision of laboratory assistance to
State and local law enforcement agencies, with or without reimbursement,
$1,114,772,000, of which not to exceed $1,000,000 shall be available for
the payment of attorneys' fees as provided by section 924(d)(2) of title
18, United States Code; and of which not to exceed $10,000,000 shall
remain available until expended: Provided, That no funds appropriated
herein shall be available for salaries or administrative expenses in
connection with consolidating or centralizing, within the Department of
Justice, the records, or any portion thereof, of acquisition and
disposition of firearms maintained by Federal firearms licensees:
Provided further, That no funds appropriated herein shall be used to pay
administrative expenses or the compensation of any officer or employee
of the United States to implement an amendment or amendments to 27 CFR
478.118 or to change the definition of ``Curios or relics'' in 27 CFR
478.11 or remove any item from ATF Publication 5300.11 as it existed on
January 1, 1994: Provided further, That none of the funds appropriated
herein shall be available to investigate or act upon applications for
relief from Federal firearms disabilities under 18 U.S.C. 925(c):
Provided further, That such funds shall be available to investigate and
act upon applications filed by corporations for relief from Federal
firearms disabilities under section 925(c) of title 18, United States
Code: Provided further, That no funds made available by this or any
other Act may be used to transfer the functions, missions, or activities
of the Bureau of Alcohol, Tobacco, Firearms and Explosives to other
agencies or Departments in fiscal year 2010: <<NOTE: Effective
date. Firearms data. 18 USC 923 note.>> Provided further, That,
beginning in fiscal year 2010 and thereafter, no funds appropriated
under this or any other Act may be used to disclose part or all of the
contents of the Firearms Trace System database maintained by the
National Trace Center of the Bureau of Alcohol, Tobacco, Firearms and
Explosives or any information required to be kept by licensees pursuant
to section 923(g) of title 18, United States Code, or required to be
reported pursuant to paragraphs (3) and (7) of such section 923(g),
except to: (1) a Federal, State, local, or tribal law enforcement
agency, or a Federal, State, or local prosecutor; or (2) a foreign law
enforcement agency solely in connection with or for use in a criminal
investigation or prosecution; or (3) a Federal agency for a national
security or intelligence purpose; unless such disclosure of such data to
any of the entities described in (1), (2) or (3) of this proviso would
compromise the identity of any undercover law enforcement officer or
confidential informant, or interfere with any case under investigation;
and no person or entity described in (1), (2) or (3) shall knowingly and
publicly disclose such data; and all such data shall be immune from
legal process, shall not be subject to subpoena or other discovery,
shall be inadmissible in evidence, and shall not be used, relied on, or
disclosed in any manner, nor shall testimony or other
[[Page 123 STAT. 3129]]
evidence be permitted based on the data, in a civil action in any State
(including the District of Columbia) or Federal court or in an
administrative proceeding other than a proceeding commenced by the
Bureau of Alcohol, Tobacco, Firearms and Explosives to enforce the
provisions of chapter 44 of such title, or a review of such an action or
proceeding; except that this proviso shall not be construed to prevent:
(A) the disclosure of statistical information concerning total
production, importation, and exportation by each licensed importer (as
defined in section 921(a)(9) of such title) and licensed manufacturer
(as defined in section 921(a)(10) of such title); (B) the sharing or
exchange of such information among and between Federal, State, local, or
foreign law enforcement agencies, Federal, State, or local prosecutors,
and Federal national security, intelligence, or counterterrorism
officials; or (C) the publication of annual statistical reports on
products regulated by the Bureau of Alcohol, Tobacco, Firearms and
Explosives, including total production, importation, and exportation by
each licensed importer (as so defined) and licensed manufacturer (as so
defined), or statistical aggregate data regarding firearms traffickers
and trafficking channels, or firearms misuse, felons, and trafficking
investigations: Provided further, That no funds made available by this
or any other Act shall be expended to promulgate or implement any rule
requiring a physical inventory of any business licensed under section
923 of title 18, United States Code: Provided further, That no funds
under this Act may be used to electronically retrieve information
gathered pursuant to 18 U.S.C. 923(g)(4) by name or any personal
identification code: Provided further, That no funds authorized or made
available under this or any other Act may be used to deny any
application for a license under section 923 of title 18, United States
Code, or renewal of such a license due to a lack of business activity,
provided that the applicant is otherwise eligible to receive such a
license, and is eligible to report business income or to claim an income
tax deduction for business expenses under the Internal Revenue Code of
1986.
construction
For necessary expenses to construct or acquire buildings and sites
by purchase, or as otherwise authorized by law (including equipment for
such buildings); conversion and extension of Federally-owned buildings;
and preliminary planning and design of projects; $6,000,000, to remain
available until expended.
Federal Prison System
salaries and expenses
For necessary expenses of the Federal Prison System for the
administration, operation, and maintenance of Federal penal and
correctional institutions, including purchase (not to exceed 831, of
which 743 are for replacement only) and hire of law enforcement and
passenger motor vehicles, and for the provision of technical assistance
and advice on corrections related issues to foreign governments,
$6,086,231,000: <<NOTE: 42 USC 250a.>> Provided, That the Attorney
General may transfer to the Health Resources and Services Administration
such amounts as may be necessary for direct expenditures by that
Administration for medical relief for inmates of Federal penal and
correctional institutions: Provided further, That the Director of the
[[Page 123 STAT. 3130]]
Federal Prison System, where necessary, may enter into contracts with a
fiscal agent or fiscal intermediary claims processor to determine the
amounts payable to persons who, on behalf of the Federal Prison System,
furnish health services to individuals committed to the custody of the
Federal Prison System: Provided further, That not to exceed $6,000 shall
be available for official reception and representation expenses:
Provided further, That not to exceed $50,000,000 shall remain available
for necessary operations until September 30, 2011: Provided further,
That, of the amounts provided for contract confinement, not to exceed
$20,000,000 shall remain available until expended to make payments in
advance for grants, contracts and reimbursable agreements, and other
expenses authorized by section 501(c) of the Refugee Education
Assistance Act of 1980 (8 U.S.C. 1522 note), for the care and security
in the United States of Cuban and Haitian entrants: Provided further,
That the Director of the Federal Prison System may accept donated
property and services relating to the operation of the prison card
program from a not-for-profit entity which has operated such program in
the past notwithstanding the fact that such not-for-profit entity
furnishes services under contracts to the Federal Prison System relating
to the operation of pre-release services, halfway houses, or other
custodial facilities.
buildings and facilities
For planning, acquisition of sites and construction of new
facilities; purchase and acquisition of facilities and remodeling, and
equipping of such facilities for penal and correctional use, including
all necessary expenses incident thereto, by contract or force account;
and constructing, remodeling, and equipping necessary buildings and
facilities at existing penal and correctional institutions, including
all necessary expenses incident thereto, by contract or force account,
$99,155,000, to remain available until expended, of which not less than
$73,769,000 shall be available only for modernization, maintenance and
repair, and of which not to exceed $14,000,000 shall be available to
construct areas for inmate work programs: Provided, That labor of United
States prisoners may be used for work performed under this
appropriation.
federal prison industries, incorporated
The Federal Prison Industries, Incorporated, is hereby authorized to
make such expenditures, within the limits of funds and borrowing
authority available, and in accord with the law, and to make such
contracts and commitments, without regard to fiscal year limitations as
provided by section 9104 of title 31, United States Code, as may be
necessary in carrying out the program set forth in the budget for the
current fiscal year for such corporation, including purchase (not to
exceed five for replacement only) and hire of passenger motor vehicles.
limitation on administrative expenses, federal prison industries,
incorporated
Not to exceed $2,700,000 of the funds of the Federal Prison
Industries, Incorporated shall be available for its administrative
expenses, and for services as authorized by section 3109 of title 5,
United States Code, to be computed on an accrual basis to
[[Page 123 STAT. 3131]]
be determined in accordance with the corporation's current prescribed
accounting system, and such amounts shall be exclusive of depreciation,
payment of claims, and expenditures which such accounting system
requires to be capitalized or charged to cost of commodities acquired or
produced, including selling and shipping expenses, and expenses in
connection with acquisition, construction, operation, maintenance,
improvement, protection, or disposition of facilities and other property
belonging to the corporation or in which it has an interest.
State and Local Law Enforcement Activities
Office on Violence Against Women
violence against women prevention and prosecution programs
(including transfer of funds)
For grants, contracts, cooperative agreements, and other assistance
for the prevention and prosecution of violence against women, as
authorized by the Omnibus Crime Control and Safe Streets Act of 1968 (42
U.S.C. 3711 et seq.) (``the 1968 Act''); the Violent Crime Control and
Law Enforcement Act of 1994 (Public Law 103-322) (``the 1994 Act''); the
Victims of Child Abuse Act of 1990 (Public Law 101-647) (``the 1990
Act''); the Prosecutorial Remedies and Other Tools to end the
Exploitation of Children Today Act of 2003 (Public Law 108-21); the
Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5601
et seq.) (``the 1974 Act''); the Victims of Trafficking and Violence
Protection Act of 2000 (Public Law 106-386) (``the 2000 Act''); and the
Violence Against Women and Department of Justice Reauthorization Act of
2005 (Public Law 109-162) (``the 2005 Act''); and for related victims
services, $418,500,000, to remain available until expended: Provided,
That except as otherwise provided by law, not to exceed 3 percent of
funds made available under this heading may be used for expenses related
to evaluation, training, and technical assistance: Provided further,
That of the amount provided (which shall be by transfer for programs
administered by the Office of Justice Programs)--
(1) $210,000,000 for grants to combat violence against
women, as authorized by part T of the 1968 Act, of which--
(A) $18,000,000 shall be for transitional housing
assistance grants for victims of domestic violence,
stalking or sexual assault as authorized by section
40299 of the 1994 Act; and
(B) $3,000,000 shall be for the National Institute
of Justice for research and evaluation of violence
against women and related issues addressed by grant
programs of the Office on Violence Against Women;
(2) $60,000,000 for grants to encourage arrest policies as
authorized by part U of the 1968 Act;
(3) $15,000,000 for sexual assault victims assistance, as
authorized by section 41601 of the 1994 Act;
(4) $41,000,000 for rural domestic violence and child abuse
enforcement assistance grants, as authorized by section 40295 of
the 1994 Act;
[[Page 123 STAT. 3132]]
(5) $9,500,000 for grants to reduce violent crimes against
women on campus, as authorized by section 304 of the 2005 Act;
(6) $41,000,000 for legal assistance for victims, as
authorized by section 1201 of the 2000 Act;
(7) $4,250,000 for enhanced training and services to end
violence against and abuse of women in later life, as authorized
by section 40802 of the 1994 Act;
(8) $14,000,000 for the safe havens for children program, as
authorized by section 1301 of the 2000 Act;
(9) $6,750,000 for education and training to end violence
against and abuse of women with disabilities, as authorized by
section 1402 of the 2000 Act;
(10) $3,000,000 for an engaging men and youth in prevention
program, as authorized by section 41305 of the 1994 Act;
(11) $1,000,000 for tracking of violence against Indian
women, as authorized by section 905 of the 2005 Act and
consistent with title I of the Adam Walsh Child Protection and
Safety Act of 2006;
(12) $3,500,000 for services to advocate and respond to
youth, as authorized by section 41201 of the 1994 Act;
(13) $3,000,000 for grants to assist children and youth
exposed to violence, as authorized by section 41303 of the 1994
Act;
(14) $3,000,000 for the court training and improvements
program, as authorized by section 41002 of the 1994 Act;
(15) $1,000,000 for the National Resource Center on
Workplace Responses to assist victims of domestic violence, as
authorized by section 41501 of the 1994 Act; and
(16) $2,500,000 for the Supporting Teens through Education
and Protection program, as authorized by section 41204 of the
1994 Act.
Office of Justice Programs
justice assistance
For grants, contracts, cooperative agreements, and other assistance
authorized by title I of the Omnibus Crime Control and Safe Streets Act
of 1968 ``the 1968 Act''; the Juvenile Justice and Delinquency
Prevention Act of 1974 ``the 1974 Act''; the Missing Children's
Assistance Act (42 U.S.C. 5771 et seq.); the Prosecutorial Remedies and
Other Tools to end the Exploitation of Children Today Act of 2003
(Public Law 108-21); the Justice for All Act of 2004 (Public Law 108-
405); the Violence Against Women and Department of Justice
Reauthorization Act of 2005 (Public Law 109-162); the Victims of Child
Abuse Act of 1990 (Public Law 101-647); the Second Chance Act of 2007
(Public Law 110-199); the Victims of Crime Act of 1984 (Public Law 98-
473); the Adam Walsh Child Protection and Safety Act of 2006 (Public Law
109-248); the PROTECT Our Children Act of 2008 (Public Law 110-401);
subtitle D of title II of the Homeland Security Act of 2002 (Public Law
107-296), which may include research and development; and other programs
(including the Statewide Automated Victim Notification Program);
$235,000,000, to remain available until expended, of which--
[[Page 123 STAT. 3133]]
(1) $60,000,000 is for criminal justice statistics programs,
and other activities, as authorized by part C of title I of the
1968 Act, of which $41,000,000 is for the National Crime
Victimization Survey;
(2) $48,000,000 is for research, development, and evaluation
programs, and other activities as authorized by part B of title
I of the 1968 Act;
(3) $12,000,000 is for the Statewide Victim Notification
System of the Bureau of Justice Assistance;
(4) $45,000,000 is for the Regional Information Sharing
System, as authorized by part M of title I of the 1968 Act; and
(5) $70,000,000 is for missing and exploited children
programs, including as authorized by sections 404(b) and 405(a)
of the 1974 Act.
state and local law enforcement assistance
For grants, contracts, cooperative agreements, and other assistance
authorized by the Violent Crime Control and Law Enforcement Act of 1994
(Public Law 103-322) (``the 1994 Act''); the Omnibus Crime Control and
Safe Streets Act of 1968 (``the 1968 Act''); the Justice for All Act of
2004 (Public Law 108-405); the Victims of Child Abuse Act of 1990
(Public Law 101-647) (``the 1990 Act''); the Trafficking Victims
Protection Reauthorization Act of 2005 (Public Law 109-164); the
Violence Against Women and Department of Justice Reauthorization Act of
2005 (Public Law 109-162); the Adam Walsh Child Protection and Safety
Act of 2006 (Public Law 109-248); and the Victims of Trafficking and
Violence Protection Act of 2000 (Public Law 106-386); the Second Chance
Act of 2007 (Public Law 110-199); the Prioritizing Resources and
Organization for Intellectual Property Act of 2008 (Public Law 110-403);
and other programs; $1,534,768,000, to remain available until expended
as follows--
(1) $519,000,000 for the Edward Byrne Memorial Justice
Assistance Grant program as authorized by subpart 1 of part E of
title I of the 1968 Act, (except that section 1001(c), and the
special rules for Puerto Rico under section 505(g), of the 1968
Act, as amended, shall not apply for purposes of this Act), of
which $5,000,000 is for use by the National Institute of Justice
in assisting units of local government to identify, select,
develop, modernize, and purchase new technologies for use by law
enforcement, and $3,000,000 is for a program to improve State
and local law enforcement intelligence capabilities including
antiterrorism training and training to ensure that
constitutional rights, civil liberties, civil rights, and
privacy interests are protected throughout the intelligence
process;
(2) $330,000,000 for the State Criminal Alien Assistance
Program, as authorized by section 241(i)(5) of the Immigration
and Nationality Act (8 U.S.C. 1231(i)(5));
(3) $31,000,000 for the Southwest Border Prosecutor
Initiative to reimburse State, county, parish, tribal, or
municipal governments for costs associated with the prosecution
of criminal cases declined by local offices of the United States
Attorneys;
(4) $185,268,000 for discretionary grants to improve the
functioning of the criminal justice system, to prevent or combat
[[Page 123 STAT. 3134]]
juvenile delinquency, and to assist victims of crime (other than
compensation), which shall be used for the projects, and in the
amounts, specified in the explanatory statement accompanying
this Act;
(5) $40,000,000 for competitive grants to improve the
functioning of the criminal justice system, to prevent or combat
juvenile delinquency, and to assist victims of crime (other than
compensation);
(6) $2,000,000 for the purposes described in the Missing
Alzheimer's Disease Patient Alert Program (section 240001 of the
1994 Act);
(7) $12,500,000 for victim services programs for victims of
trafficking, as authorized by section 107(b)(2) of Public Law
106-386 and for programs authorized under Public Law 109-164;
(8) $45,000,000 for Drug Courts, as authorized by section
1001(25)(A) of title I of the 1968 Act;
(9) $7,000,000 for a program to monitor prescription drugs
and scheduled listed chemical products;
(10) $15,000,000 for prison rape prevention and prosecution
and other programs, as authorized by the Prison Rape Elimination
Act of 2003 (Public Law 108-79);
(11) $30,000,000 for grants for Residential Substance Abuse
Treatment for State Prisoners, as authorized by part S of title
I of the 1968 Act;
(12) $5,500,000 for the Capital Litigation Improvement Grant
Program, as authorized by section 426 of Public Law 108-405, and
for grants for wrongful conviction review;
(13) $12,000,000 for mental health courts and adult and
juvenile collaboration program grants, as authorized by parts V
and HH of title I of the 1968 Act, and the Mentally Ill Offender
Treatment and Crime Reduction Reauthorization and Improvement
Act of 2008 (Public Law 110-416);
(14) $50,000,000 for assistance to Indian tribes, of which--
(A) $10,000,000 shall be available for grants under
section 20109 of subtitle A of title II of the 1994 Act;
(B) $25,000,000 shall be available for the Tribal
Courts Initiative;
(C) $12,000,000 shall be available for tribal
alcohol and substance abuse reduction assistance grants;
and
(D) $3,000,000 shall be available for training and
technical assistance and civil and criminal legal
assistance as authorized by title I of Public Law 106-
559;
(15) $20,000,000 for economic, high technology and Internet
crime prevention grants, including as authorized by section 401
of Public Law 110-403;
(16) $15,000,000 for the court-appointed special advocate
program, as authorized by section 217 of the 1990 Act;
(17) $2,500,000 for child abuse training programs for
judicial personnel and practitioners, as authorized by section
222 of the 1990 Act;
(18) $3,000,000 for grants to improve the stalking and
domestic violence database, as authorized by section 40602 of
the 1994 Act;
(19) $1,000,000 for analysis and research on violence
against Indian women, including as authorized by section 904 of
the 2005 Act;
[[Page 123 STAT. 3135]]
(20) $3,500,000 for training programs as authorized by
section 40152 of the 1994 Act, and for related local
demonstration projects;
(21) $1,000,000 for grants for televised testimony, as
authorized by part N of title I of the 1968 Act;
(22) $15,000,000 for programs to reduce gun crime and gang
violence;
(23) $20,000,000 for grants to assist State and tribal
governments as authorized by the NICS Improvements Amendments
Act of 2007 (Public Law 110-180);
(24) $11,500,000 for the National Criminal History
Improvement program for grants to upgrade criminal records;
(25) $100,000,000 for offender reentry programs, as
authorized by the Second Chance Act of 2007 (Public Law 110-
199), of which $37,000,000 is for grants for adult and juvenile
offender State and local reentry demonstration projects,
$15,000,000 is for grants for mentoring and transitional
services, $10,000,000 is for reentry courts, $7,500,000 is for
family-based substance abuse treatment, $2,500,000 is for
evaluation and improvement of education at prisons, jails, and
juvenile facilities, $5,000,000 is for technology careers
training demonstration grants, $13,000,000 is for offender
reentry substance abuse and criminal justice collaboration, and
$10,000,000 is for prisoner reentry research;
(26) $10,000,000 for activities related to comprehensive
criminal justice reform and recidivism reduction efforts by
States;
(27) $10,000,000 for implementation of a student loan
repayment assistance program pursuant to section 952 of Public
Law 110-315;
(28) $3,000,000 for the Northern Border Prosecutor
Initiative to reimburse State, county, parish, tribal, or
municipal governments for the costs associated with the
prosecution of criminal cases declined by local offices of the
United States Attorneys; and
(29) $35,000,000 for Paul Coverdell Forensic Science
Improvement Grants under part BB of title I of the 1968 Act:
Provided, That if a unit of local government uses any of the funds made
available under this heading to increase the number of law enforcement
officers, the unit of local government will achieve a net gain in the
number of law enforcement officers who perform non-administrative public
sector safety service.
weed and seed program fund
For necessary expenses, including salaries and related expenses of
the Office of Weed and Seed Strategies, $20,000,000, to remain available
until expended, as authorized by section 103 of title I of the Omnibus
Crime Control and Safe Streets Act of 1968.
juvenile justice programs
For grants, contracts, cooperative agreements, and other assistance
authorized by the Juvenile Justice and Delinquency Prevention Act of
1974 (``the 1974 Act''), the Omnibus Crime Control and Safe Streets Act
of 1968 (``the 1968 Act''), the Violence Against Women and Department of
Justice Reauthorization Act of 2005
[[Page 123 STAT. 3136]]
(Public Law 109-162), the Missing Children's Assistance Act (42 U.S.C.
5771 et seq.); the Prosecutorial Remedies and Other Tools to end the
Exploitation of Children Today Act of 2003 (Public Law 108-21); the
Victims of Child Abuse Act of 1990 (Public Law 101-647); the Adam Walsh
Child Protection and Safety Act of 2006 (Public Law 109-248); the
PROTECT Our Children Act of 2008 (Public Law 110-401), and other
juvenile justice programs, $423,595,000, to remain available until
expended as follows--
(1) $75,000,000 for programs authorized by section 221 of
the 1974 Act, and for training and technical assistance to
assist small, non-profit organizations with the Federal grants
process;
(2) $91,095,000 for grants and projects, as authorized by
sections 261 and 262 of the 1974 Act, which shall be used for
the projects, and in the amounts, specified in the explanatory
statement accompanying this Act;
(3) $100,000,000 for youth mentoring grants;
(4) $65,000,000 for delinquency prevention, as authorized by
section 505 of the 1974 Act, of which, pursuant to sections 261
and 262 thereof--
(A) $25,000,000 shall be for the Tribal Youth
Program;
(B) $10,000,000 shall be for a gang education
initiative; and
(C) $25,000,000 shall be for grants of $360,000 to
each State and $4,840,000 shall be available for
discretionary grants, for programs and activities to
enforce State laws prohibiting the sale of alcoholic
beverages to minors or the purchase or consumption of
alcoholic beverages by minors, for prevention and
reduction of consumption of alcoholic beverages by
minors, and for technical assistance and training;
(5) $22,500,000 for programs authorized by the Victims of
Child Abuse Act of 1990;
(6) $55,000,000 for the Juvenile Accountability Block Grants
program as authorized by part R of title I of the 1968 Act and
Guam shall be considered a State;
(7) $10,000,000 for community-based violence prevention
initiatives; and
(8) $5,000,000 for the Safe Start Program, as authorized by
the 1974 Act:
Provided, That not more than 10 percent of each amount may be used for
research, evaluation, and statistics activities designed to benefit the
programs or activities authorized: Provided further, That not more than
2 percent of each amount may be used for training and technical
assistance: Provided further, That the previous two provisos shall not
apply to grants and projects authorized by sections 261 and 262 of the
1974 Act.
public safety officer benefits
For payments and expenses authorized under section 1001(a)(4) of
title I of the Omnibus Crime Control and Safe Streets Act of 1968, such
sums as are necessary (including amounts for administrative costs, which
amounts shall be paid to the ``Salaries and Expenses'' account), to
remain available until expended; and $9,100,000 for payments authorized
by section 1201(b) of such Act and for educational assistance authorized
by section 1218 of such
[[Page 123 STAT. 3137]]
Act, to remain available until expended: Provided, That notwithstanding
section 205 of this Act, upon a determination by the Attorney General
that emergent circumstances require additional funding for such
disability and education payments, the Attorney General may transfer
such amounts to ``Public Safety Officer Benefits'' from available
appropriations for the current fiscal year for the Department of Justice
as may be necessary to respond to such circumstances: Provided further,
That any transfer pursuant to the previous proviso shall be treated as a
reprogramming under section 505 of this Act and shall not be available
for obligation or expenditure except in compliance with the procedures
set forth in that section.
Community Oriented Policing Services
(including transfers of funds)
For activities authorized by the Violent Crime Control and Law
Enforcement Act of 1994 (Public Law 103-322); the Omnibus Crime Control
and Safe Streets Act of 1968 (``the 1968 Act''); the Violence Against
Women and Department of Justice Reauthorization Act of 2005 (Public Law
109-162); subtitle D of title II of the Homeland Security Act of 2002
(Public Law 107-296), which may include research and development; and
the USA PATRIOT Improvement and Reauthorization Act of 2005 (Public Law
109-177); the NICS Improvement Amendments Act of 2007 (Public Law 110-
180); the Adam Walsh Child Protection and Safety Act of 2006 (Public Law
109-248) (the ``Adam Walsh Act''); and the Justice for All Act of 2004
(Public Law 108-405), $791,608,000, to remain available until expended:
Provided, That any balances made available through prior year
deobligations shall only be available in accordance with section 505 of
this Act. Of the amount provided (which shall be by transfer, for
programs administered by the Office of Justice Programs)--
(1) $30,000,000 for the matching grant program for law
enforcement armor vests, as authorized by section 2501 of title
I of the 1968 Act: Provided, That $1,500,000 is for related
research, testing, and evaluation programs;
(2) $40,385,000 for grants to entities described in section
1701 of title I of the 1968 Act, to address public safety and
methamphetamine manufacturing, sale, and use in hot spots as
authorized by section 754 of Public Law 109-177, and for other
anti-methamphetamine-related activities: Provided, That within
the amounts appropriated $25,385,000 shall be used for the
projects, and in the amounts, specified in the explanatory
statement accompanying this Act: Provided further, That within
the amounts appropriated $10,000,000 shall be transferred to the
Drug Enforcement Administration upon enactment of this Act:
Provided further, That within the amounts appropriated
$5,000,000 is for anti-methamphetamine-related activities in
Indian Country;
(3) $170,223,000 for a law enforcement technologies and
interoperable communications program, and related law
enforcement and public safety equipment: Provided, That within
the amounts appropriated, $168,723,000 shall be used for the
projects, and in the amounts, specified in the explanatory
statement accompanying this Act: Provided further, That
[[Page 123 STAT. 3138]]
of the amounts provided under this heading $1,500,000 is
transferred directly to the National Institute of Standards and
Technology's Office of Law Enforcement Standards from the
Community Oriented Policing Services Office for research,
testing, and evaluation programs;
(4) $161,000,000 for DNA related and forensic programs and
activities, of which--
(A) $151,000,000 is for a DNA analysis and capacity
enhancement program and for other local, State, and
Federal forensic activities including the purposes of
section 2 of the DNA Analysis Backlog Elimination Act of
2000 (the Debbie Smith DNA Backlog Grant Program);
(B) $5,000,000 is for the purposes described in the
Kirk Bloodsworth Post-Conviction DNA Testing Program
(Public Law 108-405, section 412); and
(C) $5,000,000 is for Sexual Assault Forensic Exam
Program Grants as authorized by Public Law 108-405,
section 304;
(5) $40,000,000 for improving tribal law enforcement,
including equipment and training;
(6) $12,000,000 for community policing development
activities;
(7) $24,000,000 for a national grant program the purpose of
which is to assist State and local law enforcement to locate,
arrest and prosecute child sexual predators and exploiters, and
to enforce sex offender registration laws described in section
1701(b) of the 1968 Act, of which--
(A) $11,000,000 is for sex offender management
assistance as authorized by the Adam Walsh Act and the
Violent Crime Control Act of 1994 (Public Law 103-322);
and
(B) $1,000,000 is for the National Sex Offender
Public Registry;
(8) $16,000,000 for expenses authorized by part AA of the
1968 Act (Secure our Schools); and
(9) $298,000,000 for grants under section 1701 of title I of
the 1968 Act (42 U.S.C. 3796dd) for the hiring and rehiring of
additional career law enforcement officers under part Q of such
title notwithstanding subsections (g) and (i) of such section
and notwithstanding 42 U.S.C. 3796dd-3(c).
Salaries and Expenses
For necessary expenses, not elsewhere specified in this title, for
management and administration of programs within the Office on Violence
Against Women, the Office of Justice Programs and the Community Oriented
Policing Services Office, $192,388,000, of which not to exceed
$15,708,000 shall be available for the Office on Violence Against Women;
not to exceed $139,218,000 shall be available for the Office of Justice
Programs; not to exceed $37,462,000 shall be available for the Community
Oriented Policing Services Office: Provided, That, notwithstanding
section 109 of title I of Public Law 90-351, an additional amount, not
to exceed $21,000,000 shall be available for authorized activities of
the Office of Audit, Assessment, and Management: Provided further, That
the total amount available for management and administration of such
programs shall not exceed $213,388,000: <<NOTE: Determination.>>
Provided further, That notwithstanding section 205 of this Act, upon a
determination
[[Page 123 STAT. 3139]]
by the Attorney General that emergent circumstances require additional
funding for management and administration of such programs, the Attorney
General may transfer such amounts to ``Salaries and Expenses'' from
available appropriations for the current fiscal year for the Department
of Justice as may be necessary to respond to such circumstances:
Provided further, That any transfer pursuant to the previous proviso
shall be treated as a reprogramming under section 505 of this Act and
shall not be available for obligation or expenditure except in
compliance with the procedures set forth in that section.
General Provisions--Department of Justice
Sec. 201. In addition to amounts otherwise made available in this
title for official reception and representation expenses, a total of not
to exceed $75,000 from funds appropriated to the Department of Justice
in this title shall be available to the Attorney General for official
reception and representation expenses.
Sec. 202. None <<NOTE: Abortion.>> of the funds appropriated by
this title shall be available to pay for an abortion, except where the
life of the mother would be endangered if the fetus were carried to
term, or in the case of rape: Provided, That should this prohibition be
declared unconstitutional by a court of competent jurisdiction, this
section shall be null and void.
Sec. 203. None <<NOTE: Abortion.>> of the funds appropriated under
this title shall be used to require any person to perform, or facilitate
in any way the performance of, any abortion.
Sec. 204. Nothing in the preceding section shall remove the
obligation of the Director of the Bureau of Prisons to provide escort
services necessary for a female inmate to receive such service outside
the Federal facility: Provided, That nothing in this section in any way
diminishes the effect of section 203 intended to address the
philosophical beliefs of individual employees of the Bureau of Prisons.
Sec. 205. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Department of Justice in
this Act may be transferred between such appropriations, but no such
appropriation, except as otherwise specifically provided, shall be
increased by more than 10 percent by any such transfers: Provided, That
any transfer pursuant to this section shall be treated as a
reprogramming of funds under section 505 of this Act and shall not be
available for obligation except in compliance with the procedures set
forth in that section.
Sec. 206. The <<NOTE: Project extension. 5 USC 3104 note.>>
Attorney General is authorized to extend through September 30, 2011, the
Personnel Management Demonstration Project transferred to the Attorney
General pursuant to section 1115 of the Homeland Security Act of 2002,
Public Law 107-296 (6 U.S.C. 533) without limitation on the number of
employees or the positions covered.
Sec. 207. Notwithstanding <<NOTE: Investigations. Applicability. 28
USC 533 note.>> any other provision of law, Public Law 102-395 section
102(b) shall extend to the Bureau of Alcohol, Tobacco, Firearms and
Explosives in the conduct of undercover investigative operations and
shall apply without fiscal year limitation with respect to any
undercover investigative operation by the Bureau of Alcohol, Tobacco,
Firearms and Explosives that is necessary for the detection and
prosecution of crimes against the United States.
[[Page 123 STAT. 3140]]
Sec. 208. None of the funds made available to the Department of
Justice in this Act may be used for the purpose of transporting an
individual who is a prisoner pursuant to conviction for crime under
State or Federal law and is classified as a maximum or high security
prisoner, other than to a prison or other facility certified by the
Federal Bureau of Prisons as appropriately secure for housing such a
prisoner.
Sec. 209. (a) None of the funds appropriated by this Act may be used
by Federal prisons to purchase cable television services, to rent or
purchase videocassettes, videocassette recorders, or other audiovisual
or electronic equipment used primarily for recreational purposes.
(b) The preceding sentence does not preclude the renting,
maintenance, or purchase of audiovisual or electronic equipment for
inmate training, religious, or educational programs.
Sec. 210. None <<NOTE: Sentinel. Certification.>> of the funds
made available under this title shall be obligated or expended for
Sentinel, or for any other major new or enhanced information technology
program having total estimated development costs in excess of
$100,000,000, unless the Deputy Attorney General and the investment
review board certify to the Committees on Appropriations that the
information technology program has appropriate program management and
contractor oversight mechanisms in place, and that the program is
compatible with the enterprise architecture of the Department of
Justice.
Sec. 211. The <<NOTE: Notification. Applicability.>> notification
thresholds and procedures set forth in section 505 of this Act shall
apply to deviations from the amounts designated for specific activities
in this Act and accompanying statement, and to any use of deobligated
balances of funds provided under this title in previous years.
Sec. 212. None of the funds appropriated by this Act may be used to
plan for, begin, continue, finish, process, or approve a public-private
competition under the Office of Management and Budget Circular A-76 or
any successor administrative regulation, directive, or policy for work
performed by employees of the Bureau of Prisons or of Federal Prison
Industries, Incorporated.
Sec. 213. Notwithstanding any other provision of law, no funds
shall be available for the salary, benefits, or expenses of any United
States Attorney assigned dual or additional responsibilities by the
Attorney General or his designee that exempt that United States Attorney
from the residency requirements of 28 U.S.C. 545.
Sec. 214. None <<NOTE: Certification.>> of the funds appropriated
in this or any other Act shall be obligated for the initiation of a
future phase of the Federal Bureau of Investigation's Sentinel program
until the Attorney General certifies to the Committees on Appropriations
that existing phases currently under contract for development or
fielding have completed a majority of the work for that phase under the
performance measurement baseline validated by the integrated baseline
review conducted in 2008: Provided, That this restriction does not apply
to planning and design activities for future
phases: <<NOTE: Notification.>> Provided further, That the Bureau will
notify the Committees on Appropriations of any significant changes to
the baseline.
Sec. 215. In addition to any amounts that otherwise may be
available (or authorized to be made available) by law, with respect to
funds appropriated by this Act under the headings ``Justice
Assistance'', ``State and Local Law Enforcement Assistance'',
[[Page 123 STAT. 3141]]
``Weed and Seed'', ``Juvenile Justice Programs'', and ``Community
Oriented Policing Services''--
(1) Up to 3 percent of funds made available to the Office of
Justice Programs for grants or reimbursement may be used to
provide training and technical assistance; and
(2) Up to 1 percent of funds made available to such Office
for formula grants under such headings may be used for research
or statistical purposes by the National Institute of Justice or
the Bureau of Justice Statistics, pursuant to, respectively,
sections 201 and 202, and sections 301 and 302 of title I of
Public Law 90-351.
Sec. 216. The <<NOTE: Determination. Waiver authority.>> Attorney
General may, upon request by a grantee and based upon a determination of
fiscal hardship, waive the requirements of paragraph (1) of section
2976(g) of the Omnibus Crime Control and Safe Streets Act of 1968 (42
U.S.C. 3797w(g)(1)) with respect to funds appropriated in this or any
other Act making appropriations for fiscal years 2009 and 2010 for Adult
and Juvenile Offender State and Local Reentry Demonstration Projects
authorized under part FF of such Act of 1968.
Sec. 217. Section 5759 of title 5, United States Code, is amended
by striking subsection (e).
Sec. 218. (a) <<NOTE: Deadlines. Reports.>> The Attorney General
shall submit quarterly reports to the Inspector General of the
Department of Justice regarding the costs and contracting procedures
relating to each conference held by the Department of Justice during
fiscal year 2010 for which the cost to the Government was more than
$20,000.
(b) Each report submitted under subsection (a) shall include, for
each conference described in that subsection held during the applicable
quarter--
(1) a description of the subject of and number of
participants attending that conference;
(2) a detailed statement of the costs to the Government
relating to that conference, including--
(A) the cost of any food or beverages;
(B) the cost of any audio-visual services; and
(C) a discussion of the methodology used to
determine which costs relate to that conference; and
(3) a description of the contracting procedures relating to
that conference, including--
(A) whether contracts were awarded on a competitive
basis for that conference; and
(B) a discussion of any cost comparison conducted by
the Department of Justice in evaluating potential
contractors for that conference.
Sec. 219. (a) Subchapter IV of chapter 57 of title 5, United States
Code, is amended by adding at the end the following:
``Sec. 5761. Foreign <<NOTE: 5 USC 5761.>> language proficiency
pay awards for the Federal Bureau of
Investigation
``The Director <<NOTE: Regulations.>> of the Federal Bureau of
Investigation may, under regulations prescribed by the Director, pay a
cash award of up to 10 percent of basic pay to any Bureau employee who
maintains proficiency in a language or languages critical to the mission
or who uses one or more foreign languages in the performance of official
duties.''.
[[Page 123 STAT. 3142]]
(b) The analysis for chapter 57 of title 5, United States Code, is
amended by adding at the end the following:
``5761. Foreign language proficiency pay awards for the Federal Bureau
of Investigation.''
Sec. 220. For <<NOTE: Waiver authority.>> purposes of the
allocation under section 505(d)(1) of title I of Public Law 90-351 (42
U.S.C. 3755(d)(1)) for fiscal year 2010, the Attorney General is
authorized to waive the application of section 505(e)(3) (42 U.S.C.
3755(e)(3)) to any non-reporting unit of local government that--
(1) was eligible to receive an allocation under section
505(d)(2)(B) (42 U.S.C. 3755(d)(2)(B));
(2) agrees <<NOTE: Reports. Deadline.>> to begin to report
timely data on part I violent crimes of the Uniform Crime
Reports to the Federal Bureau of Investigation by not later than
the end of such fiscal year; and
(3) does so begin in accordance with such agreement.
This title may be cited as the ``Department of Justice
Appropriations Act, 2010''.
TITLE III <<NOTE: Science Appropriations Act, 2010.>>
SCIENCE
Office of Science and Technology Policy
For necessary expenses of the Office of Science and Technology
Policy, in carrying out the purposes of the National Science and
Technology Policy, Organization, and Priorities Act of 1976 (42 U.S.C.
6601-6671), hire of passenger motor vehicles, and services as authorized
by 5 U.S.C. 3109, not to exceed $2,500 for official reception and
representation expenses, and rental of conference rooms in the District
of Columbia, $7,000,000.
National Aeronautics and Space Administration
science
For necessary expenses, not otherwise provided for, in the conduct
and support of science research and development activities, including
research, development, operations, support, and services; maintenance;
space flight, spacecraft control, and communications activities; program
management; personnel and related costs, including uniforms or
allowances therefor, as authorized by 5 U.S.C. 5901-5902; travel
expenses; purchase and hire of passenger motor vehicles; and purchase,
lease, charter, maintenance, and operation of mission and administrative
aircraft, $4,469,000,000, to remain available until September 30, 2011.
aeronautics
For necessary expenses, not otherwise provided for, in the conduct
and support of aeronautics research and development activities,
including research, development, operations, support, and services;
maintenance; space flight, spacecraft control, and communications
activities; program management; personnel and related costs, including
uniforms or allowances therefor, as authorized by 5 U.S.C. 5901-5902;
travel expenses; purchase and hire of passenger motor vehicles; and
purchase, lease, charter, maintenance, and operation
[[Page 123 STAT. 3143]]
of mission and administrative aircraft, $501,000,000, to remain
available until September 30, 2011.
exploration
For necessary expenses, not otherwise provided for, in the conduct
and support of exploration research and development activities,
including research, development, operations, support, and services;
maintenance; space flight, spacecraft control, and communications
activities; program management, personnel and related costs, including
uniforms or allowances therefor, as authorized by 5 U.S.C. 5901-5902;
travel expenses; purchase and hire of passenger motor vehicles; and
purchase, lease, charter, maintenance, and operation of mission and
administrative aircraft, $3,746,300,000, to remain available until
September 30, 2011: Provided, That notwithstanding section 505 of this
Act, none of the funds provided herein and from prior years that remain
available for obligation during fiscal year 2010 shall be available for
the termination or elimination of any program, project or activity of
the architecture for the Constellation program nor shall such funds be
available to create or initiate a new program, project or activity,
unless such program termination, elimination, creation, or initiation is
provided in subsequent appropriations Acts.
space operations
For necessary expenses, not otherwise provided for, in the conduct
and support of space operations research and development activities,
including research, development, operations, support and services; space
flight, spacecraft control and communications activities including
operations, production, and services; maintenance; program management;
personnel and related costs, including uniforms or allowances therefor,
as authorized by 5 U.S.C. 5901-5902; travel expenses; purchase and hire
of passenger motor vehicles; and purchase, lease, charter, maintenance
and operation of mission and administrative aircraft, $6,146,800,000, to
remain available until September 30, 2011: Provided, That of the amounts
provided under this heading, not more than $3,157,100,000 shall be for
Space Shuttle operations, production, research, development, and
support, not more than $2,317,000,000 shall be for International Space
Station operations, production, research, development, and support, and
not more than $751,500,000 shall be for Space and Flight Support.
education
For necessary expenses, not otherwise provided for, in carrying out
aerospace and aeronautical education research and development
activities, including research, development, operations, support, and
services; program management; personnel and related costs, uniforms or
allowances therefor, as authorized by 5 U.S.C. 5901-5902; travel
expenses; purchase and hire of passenger motor vehicles; and purchase,
lease, charter, maintenance, and operation of mission and administrative
aircraft, $182,500,000, to remain available until September 30, 2011.
[[Page 123 STAT. 3144]]
cross agency support
For necessary expenses, not otherwise provided for, in the conduct
and support of science, aeronautics, exploration, space operations and
education research and development activities, including research,
development, operations, support, and services; maintenance; space
flight, spacecraft control, and communications activities; program
management; personnel and related costs, including uniforms or
allowances therefor, as authorized by 5 U.S.C. 5901-5902; travel
expenses; purchase and hire of passenger motor vehicles; not to exceed
$70,000 for official reception and representation expenses; and
purchase, lease, charter, maintenance, and operation of mission and
administrative aircraft, $3,194,000,000: Provided, That not more than
$2,206,300,000 shall be available for center management and operations:
Provided further, That not less than $40,000,000 shall be available for
independent verification and validation activities: Provided further,
That within the amounts appropriated, $63,000,000 shall be used for the
projects, and in the amounts, specified in the explanatory statement
accompanying this Act.
construction and environmental compliance and remediation
For necessary expenses for construction of facilities including
repair, rehabilitation, revitalization, and modification of facilities,
construction of new facilities and additions to existing facilities,
facility planning and design, and restoration, and acquisition or
condemnation of real property, as authorized by law, and environmental
compliance and restoration, $448,300,000, to remain available until
September 30, 2015: Provided, That within the funds provided,
$13,700,000 shall be available to support science research and
development activities; $90,800,000 shall be available to support
exploration research and development activities; $27,300,000 shall be
available to support space operations research and development
activities; and $316,500,000 shall be available for cross agency support
activities: <<NOTE: Contracts. Time period. 42 USC 2459j-1.>> Provided
further, That hereafter, notwithstanding section 315 of the National
Aeronautics and Space Act of 1958 (42 U.S.C. 2459j), all proceeds from
leases entered into under that section shall be deposited into this
account and shall be available for a period of 5 years, to the extent
provided in annual appropriations Acts: Provided further, That such
proceeds shall be available for obligation for fiscal year 2010 in an
amount not to exceed $6,226,000: Provided further, That <<NOTE: 42 USC
16611b note.>> each annual budget request shall include an annual
estimate of gross receipts and collections and proposed use of all funds
collected pursuant to section 315 of the National Aeronautics and Space
Act of 1958 (42 U.S.C. 2459j).
office of inspector general
For necessary expenses of the Office of Inspector General in
carrying out the Inspector General Act of 1978, $36,400,000.
administrative provisions
Funds for announced prizes otherwise authorized shall remain
available, without fiscal year limitation, until the prize is claimed or
the offer is withdrawn.
[[Page 123 STAT. 3145]]
Not to exceed 5 percent of any appropriation made available for the
current fiscal year for the National Aeronautics and Space
Administration in this Act may be transferred between such
appropriations, but no such appropriation, except as otherwise
specifically provided, shall be increased by more than 10 percent by any
such transfers. Any transfer pursuant to this provision shall be treated
as a reprogramming of funds under section 505 of this Act and shall not
be available for obligation except in compliance with the procedures set
forth in that section.
Notwithstanding any other provision of law, no funds shall be used
to implement by Reduction in Force or other involuntary separations
(except for cause) by the National Aeronautics and Space Administration
prior to September 30, 2010.
The unexpired balances of the Science, Aeronautics, and Exploration
account, for activities for which funds are provided under this Act, may
be transferred to the new accounts established in this Act that provide
such activity. Balances so transferred shall be merged with the funds in
the newly established accounts, but shall be available under the same
terms, conditions and period of time as previously appropriated.
National Science Foundation
research and related activities
(including transfer of funds)
For necessary expenses in carrying out the National Science
Foundation Act of 1950, as amended (42 U.S.C. 1861-1875), and the Act to
establish a National Medal of Science (42 U.S.C. 1880-1881); services as
authorized by 5 U.S.C. 3109; maintenance and operation of aircraft and
purchase of flight services for research support; acquisition of
aircraft; and authorized travel; $5,617,920,000, to remain available
until September 30, 2011, of which not to exceed $570,000,000 shall
remain available until expended for polar research and operations
support, and for reimbursement to other Federal agencies for operational
and science support and logistical and other related activities for the
United States Antarctic program: Provided, That <<NOTE: Deadline.>>
from funds specified in the fiscal year 2010 budget request for
icebreaking services, $54,000,000 shall be transferred to the U.S. Coast
Guard ``Operating Expenses'' within 60 days of enactment of this Act:
Provided further, That receipts for scientific support services and
materials furnished by the National Research Centers and other National
Science Foundation supported research facilities may be credited to this
appropriation: Provided further, That not less than $147,120,000 shall
be available for activities authorized by section 7002(c)(2)(A)(iv) of
Public Law 110-69.
major research equipment and facilities construction
For necessary expenses for the acquisition, construction,
commissioning, and upgrading of major research equipment, facilities,
and other such capital assets pursuant to the National Science
Foundation Act of 1950, as amended (42 U.S.C. 1861-1875), including
authorized travel, $117,290,000, to remain available until expended:
Provided, That none of the funds may be used to reimburse the Judgment
Fund.
[[Page 123 STAT. 3146]]
education and human resources
For necessary expenses in carrying out science, mathematics and
engineering education and human resources programs and activities
pursuant to the National Science Foundation Act of 1950, as amended (42
U.S.C. 1861-1875), including services as authorized by 5 U.S.C. 3109,
authorized travel, and rental of conference rooms in the District of
Columbia, $872,760,000, to remain available until September 30, 2011:
Provided, That not less than $55,000,000 shall be available until
expended for activities authorized by section 7030 of Public Law 110-69:
Provided further, That not less than $32,000,000 shall be available
until expended for the Historically Black Colleges and Universities
Undergraduate Program.
agency operations and award management
For agency operations and award management necessary in carrying out
the National Science Foundation Act of 1950, as amended (42 U.S.C. 1861-
1875); services authorized by 5 U.S.C. 3109; hire of passenger motor
vehicles; not to exceed $9,200 for official reception and representation
expenses; uniforms or allowances therefor, as authorized by 5 U.S.C.
5901-5902; rental of conference rooms in the District of Columbia; and
reimbursement of the Department of Homeland Security for security guard
services; $300,000,000: Provided, That contracts may be entered into
under this heading in fiscal year 2010 for maintenance and operation of
facilities, and for other services, to be provided during the next
fiscal year.
office of the national science board
For necessary expenses (including payment of salaries, authorized
travel, hire of passenger motor vehicles, the rental of conference rooms
in the District of Columbia, and the employment of experts and
consultants under section 3109 of title 5, United States Code) involved
in carrying out section 4 of the National Science Foundation Act of
1950, as amended (42 U.S.C. 1863) and Public Law 86-209 (42 U.S.C. 1880
et seq.), $4,540,000: Provided, That not to exceed $2,800 shall be
available for official reception and representation expenses.
office of inspector general
For necessary expenses of the Office of Inspector General as
authorized by the Inspector General Act of 1978, as amended,
$14,000,000.
This title may be cited as the ``Science Appropriations Act, 2010''.
[[Page 123 STAT. 3147]]
TITLE IV
RELATED AGENCIES
Commission on Civil Rights
salaries and expenses
For necessary expenses of the Commission on Civil Rights, including
hire of passenger motor vehicles, $9,400,000: Provided, That none of the
funds appropriated in this paragraph shall be used to employ in excess
of four full-time individuals under Schedule C of the Excepted Service
exclusive of one special assistant for each Commissioner: Provided
further, That none of the funds appropriated in this paragraph shall be
used to reimburse Commissioners for more than 75 billable days, with the
exception of the chairperson, who is permitted 125 billable days.
Equal Employment Opportunity Commission
salaries and expenses
For necessary expenses of the Equal Employment Opportunity
Commission as authorized by title VII of the Civil Rights Act of 1964,
the Age Discrimination in Employment Act of 1967, the Equal Pay Act of
1963, the Americans with Disabilities Act of 1990, the Civil Rights Act
of 1991, the Genetic Information Non-Discrimination Act (GINA) of 2008
(Public Law 110-233), the ADA Amendments Act of 2008 (Public Law 110-
325), and the Lilly Ledbetter Fair Pay Act of 2009 (Public Law 111-2),
including services as authorized by 5 U.S.C. 3109; hire of passenger
motor vehicles as authorized by 31 U.S.C. 1343(b); nonmonetary awards to
private citizens; and not to exceed $30,000,000 for payments to State
and local enforcement agencies for authorized services to the
Commission, $367,303,000: Provided, That the Commission is authorized to
make available for official reception and representation expenses not to
exceed $2,500 from available funds: <<NOTE: Notification.>> Provided
further, That the Commission may take no action to implement any
workforce repositioning, restructuring, or reorganization until such
time as the House and Senate Committees on Appropriations have been
notified of such proposals, in accordance with the reprogramming
requirements of section 505 of this Act: Provided further, That the
Chair is authorized to accept and use any gift or donation to carry out
the work of the Commission.
International Trade Commission
salaries and expenses
For necessary expenses of the International Trade Commission,
including hire of passenger motor vehicles, and services as authorized
by 5 U.S.C. 3109, and not to exceed $2,500 for official reception and
representation expenses, $81,860,000, to remain available until
expended.
[[Page 123 STAT. 3148]]
Legal Services Corporation
payment to the legal services corporation
For payment to the Legal Services Corporation to carry out the
purposes of the Legal Services Corporation Act of 1974, $420,000,000, of
which $394,400,000 is for basic field programs and required independent
audits; $4,200,000 is for the Office of Inspector General, of which such
amounts as may be necessary may be used to conduct additional audits of
recipients; $17,000,000 is for management and grants oversight;
$3,400,000 is for client self-help and information technology; and
$1,000,000 is for loan repayment assistance: Provided, That the Legal
Services Corporation may continue to provide locality pay to officers
and employees at a rate no greater than that provided by the Federal
Government to Washington, DC-based employees as authorized by 5 U.S.C.
5304, notwithstanding section 1005(d) of the Legal Services Corporation
Act, 42 U.S.C. 2996(d): <<NOTE: Applicability.>> Provided further, That
the authorities provided in section 205 of this Act shall be applicable
to the Legal Services Corporation.
administrative provision--legal services corporation
None of the funds appropriated in this Act to the Legal Services
Corporation shall be expended for any purpose prohibited or limited by,
or contrary to any of the provisions of, sections 501, 502, 503, 504,
505, and 506 of Public Law 105-119, and all funds appropriated in this
Act to the Legal Services Corporation shall be subject to the same terms
and conditions set forth in such sections, except that all references in
sections 502 and 503 to 1997 and 1998 shall be deemed to refer instead
to 2009 and 2010, respectively.
Marine Mammal Commission
salaries and expenses
For necessary expenses of the Marine Mammal Commission as authorized
by title II of Public Law 92-522, $3,250,000.
Office of the United States Trade Representative
salaries and expenses
For necessary expenses of the Office of the United States Trade
Representative, including the hire of passenger motor vehicles and the
employment of experts and consultants as authorized by 5 U.S.C. 3109,
$47,826,000, of which $1,000,000 shall remain available until expended:
Provided, That not to exceed $124,000 shall be available for official
reception and representation expenses: <<NOTE: Negotiations.>> Provided
further, That negotiations shall be conducted within the World Trade
Organization to recognize the right of members to distribute monies
collected from antidumping and countervailing
duties: <<NOTE: Negotiations.>> Provided further, That negotiations
shall be conducted within the World Trade Organization consistent with
the negotiating objectives contained in the Trade Act of 2002, Public
Law 107-210.
[[Page 123 STAT. 3149]]
State Justice Institute
salaries and expenses
For necessary expenses of the State Justice Institute, as authorized
by the State Justice Institute Authorization Act of 1984 (42 U.S.C.
10701 et seq.) $5,131,000, of which $500,000 shall remain available
until September 30, 2011: Provided, That not to exceed $2,500 shall be
available for official reception and representation expenses.
TITLE V
GENERAL PROVISIONS
Sec. 501. No part of any appropriation contained in this Act shall
be used for publicity or propaganda purposes not authorized by the
Congress.
Sec. 502. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
Sec. 503. The <<NOTE: Contracts.>> expenditure of any
appropriation under this Act for any consulting service through
procurement contract, pursuant to 5 U.S.C. 3109, shall be limited to
those contracts where such expenditures are a matter of public record
and available for public inspection, except where otherwise provided
under existing law, or under existing Executive order issued pursuant to
existing law.
Sec. 504. If any provision of this Act or the application of such
provision to any person or circumstances shall be held invalid, the
remainder of the Act and the application of each provision to persons or
circumstances other than those as to which it is held invalid shall not
be affected thereby.
Sec. 505. (a) <<NOTE: Notifications. Deadlines.>> None of the funds
provided under this Act, or provided under previous appropriations Acts
to the agencies funded by this Act that remain available for obligation
or expenditure in fiscal year 2010, or provided from any accounts in the
Treasury of the United States derived by the collection of fees
available to the agencies funded by this Act, shall be available for
obligation or expenditure through the reprogramming of funds that--
(1) creates or initiates a new program, project or activity;
(2) eliminates a program, project or activity, unless the
House and Senate Committees on Appropriations are notified 15
days in advance of such reprogramming of funds;
(3) increases funds or personnel by any means for any
project or activity for which funds have been denied or
restricted by this Act, unless the House and Senate Committees
on Appropriations are notified 15 days in advance of such
reprogramming of funds;
(4) relocates an office or employees, unless the House and
Senate Committees on Appropriations are notified 15 days in
advance of such reprogramming of funds;
(5) reorganizes or renames offices, programs or activities,
unless the House and Senate Committees on Appropriations are
notified 15 days in advance of such reprogramming of funds;
(6) contracts out or privatizes any functions or activities
presently performed by Federal employees, unless the House
[[Page 123 STAT. 3150]]
and Senate Committees on Appropriations are notified 15 days in
advance of such reprogramming of funds;
(7) proposes to use funds directed for a specific activity
by either the House or Senate Committee on Appropriations for a
different purpose, unless the House and Senate Committees on
Appropriations are notified 15 days in advance of such
reprogramming of funds;
(8) augments funds for existing programs, projects or
activities in excess of $500,000 or 10 percent, whichever is
less, or reduces by 10 percent funding for any program, project
or activity, or numbers of personnel by 10 percent as approved
by Congress, unless the House and Senate Committees on
Appropriations are notified 15 days in advance of such
reprogramming of funds; or
(9) results from any general savings, including savings from
a reduction in personnel, which would result in a change in
existing programs, projects or activities as approved by
Congress, unless the House and Senate Committees on
Appropriations are notified 15 days in advance of such
reprogramming of funds.
(b) None of the funds in provided under this Act, or provided under
previous appropriations Acts to the agencies funded by this Act that
remain available for obligation or expenditure in fiscal year 2010, or
provided from any accounts in the Treasury of the United States derived
by the collection of fees available to the agencies funded by this Act,
shall be available for obligation or expenditure through the
reprogramming of funds after August 1, except in extraordinary
circumstances, and only after the House and Senate Committees on
Appropriations are notified 30 days in advance of such reprogramming of
funds.
Sec. 506. Hereafter, <<NOTE: Religious harassment. 42 USC 2000e-12
note.>> none of the funds made available in this or any other Act may
be used to implement, administer, or enforce any guidelines of the Equal
Employment Opportunity Commission covering harassment based on religion,
when it is made known to the Federal entity or official to which such
funds are made available that such guidelines do not differ in any
respect from the proposed guidelines published by the Commission on
October 1, 1993 (58 Fed. Reg. 51266).
Sec. 507. If it has been finally determined by a court or Federal
agency that any person intentionally affixed a label bearing a ``Made in
America'' inscription, or any inscription with the same meaning, to any
product sold in or shipped to the United States that is not made in the
United States, the person shall be ineligible to receive any contract or
subcontract made with funds made available in this Act, pursuant to the
debarment, suspension, and ineligibility procedures described in
sections 9.400 through 9.409 of title 48, Code of Federal Regulations.
Sec. 508. The <<NOTE: Deadlines. Reports.>> Departments of
Commerce and Justice, the National Science Foundation, and the National
Aeronautics and Space Administration, shall provide to the House and
Senate Committees on Appropriations a quarterly accounting of the
cumulative balances of any unobligated funds that were received by such
agency during any previous fiscal year.
Sec. 509. Any costs incurred by a department or agency funded under
this Act resulting from, or to prevent, personnel actions taken in
response to funding reductions included in this Act shall be absorbed
within the total budgetary resources available to such
[[Page 123 STAT. 3151]]
department or agency: <<NOTE: Transfer authority.>> Provided, That the
authority to transfer funds between appropriations accounts as may be
necessary to carry out this section is provided in addition to
authorities included elsewhere in this Act: Provided further, That use
of funds to carry out this section shall be treated as a reprogramming
of funds under section 505 of this Act and shall not be available for
obligation or expenditure except in compliance with the procedures set
forth in that section.
Sec. 510. None <<NOTE: Tobacco and tobacco products.>> of the
funds provided by this Act shall be available to promote the sale or
export of tobacco or tobacco products, or to seek the reduction or
removal by any foreign country of restrictions on the marketing of
tobacco or tobacco products, except for restrictions which are not
applied equally to all tobacco or tobacco products of the same type.
Sec. 511. None of the funds appropriated pursuant to this Act or
any other provision of law may be used for--
(1) the implementation of any tax or fee in connection with
the implementation of subsection 922(t) of title 18, United
States Code; and
(2) any <<NOTE: Firearms.>> system to implement subsection
922(t) of title 18, United States Code, that does not require
and result in the destruction of any identifying information
submitted by or on behalf of any person who has been determined
not to be prohibited from possessing or receiving a firearm no
more than 24 hours after the system advises a Federal firearms
licensee that possession or receipt of a firearm by the
prospective transferee would not violate subsection (g) or (n)
of section 922 of title 18, United States Code, or State law.
Sec. 512. Notwithstanding <<NOTE: 42 USC 10601 note.>> any other
provision of law, amounts deposited or available in the Fund established
under 42 U.S.C. 10601 in any fiscal year in excess of $705,000,000 shall
not be available for obligation until the following fiscal year.
Sec. 513. None <<NOTE: Discrimination.>> of the funds made
available to the Department of Justice in this Act may be used to
discriminate against or denigrate the religious or moral beliefs of
students who participate in programs for which financial assistance is
provided from those funds, or of the parents or legal guardians of such
students.
Sec. 514. None of the funds made available in this Act may be
transferred to any department, agency, or instrumentality of the United
States Government, except pursuant to a transfer made by, or transfer
authority provided in, this Act or any other appropriations Act.
Sec. 515. Any funds provided in this Act used to implement E-
Government Initiatives shall be subject to the procedures set forth in
section 505 of this Act.
Sec. 516. (a) <<NOTE: Firearm traces.>> Tracing studies conducted
by the Bureau of Alcohol, Tobacco, Firearms and Explosives are released
without adequate disclaimers regarding the limitations of the data.
(b) The Bureau of Alcohol, Tobacco, Firearms and Explosives shall
include in all such data releases, language similar to the following
that would make clear that trace data cannot be used to draw broad
conclusions about firearms-related crime:
(1) Firearm traces are designed to assist law enforcement
authorities in conducting investigations by tracking the sale
and possession of specific firearms. Law enforcement agencies
may request firearms traces for any reason, and those reasons
are not necessarily reported to the Federal Government. Not
[[Page 123 STAT. 3152]]
all firearms used in crime are traced and not all firearms
traced are used in crime.
(2) Firearms selected for tracing are not chosen for
purposes of determining which types, makes, or models of
firearms are used for illicit purposes. The firearms selected do
not constitute a random sample and should not be considered
representative of the larger universe of all firearms used by
criminals, or any subset of that universe. Firearms are normally
traced to the first retail seller, and sources reported for
firearms traced do not necessarily represent the sources or
methods by which firearms in general are acquired for use in
crime.
Sec. 517. (a) <<NOTE: Audits. Reports. Deadlines.>> The Inspectors
General of the Department of Commerce, the Department of Justice, the
National Aeronautics and Space Administration, the National Science
Foundation, and the Legal Services Corporation shall conduct audits,
pursuant to the Inspector General Act (5 U.S.C. App.), of grants or
contracts for which funds are appropriated by this Act, and shall submit
reports to Congress on the progress of such audits, which may include
preliminary findings and a description of areas of particular interest,
within 180 days after initiating such an audit and every 180 days
thereafter until any such audit is completed.
(b) Within <<NOTE: Deadline. Public information. Web posting.>> 60
days after the date on which an audit described in subsection (a) by an
Inspector General is completed, the Secretary, Attorney General,
Administrator, Director, or President, as appropriate, shall make the
results of the audit available to the public on the Internet website
maintained by the Department, Administration, Foundation, or
Corporation, respectively. The results shall be made available in
redacted form to exclude--
(1) any matter described in section 552(b) of title 5,
United States Code; and
(2) sensitive personal information for any individual, the
public access to which could be used to commit identity theft or
for other inappropriate or unlawful purposes.
(c) A grant or contract funded by amounts appropriated by this Act
may not be used for the purpose of defraying the costs of a banquet or
conference that is not directly and programmatically related to the
purpose for which the grant or contract was awarded, such as a banquet
or conference held in connection with planning, training, assessment,
review, or other routine purposes related to a project funded by the
grant or contract.
(d) Any <<NOTE: Certification.>> person awarded a grant or contract
funded by amounts appropriated by this Act shall submit a statement to
the Secretary of Commerce, the Attorney General, the Administrator,
Director, or President, as appropriate, certifying that no funds derived
from the grant or contract will be made available through a subcontract
or in any other manner to another person who has a financial interest in
the person awarded the grant or contract.
(e) The <<NOTE: Effective date. Determination.>> provisions of the
preceding subsections of this section shall take effect 30 days after
the date on which the Director of the Office of Management and Budget,
in consultation with the Director of the Office of Government Ethics,
determines that a uniform set of rules and requirements, substantially
similar to the requirements in such subsections, consistently apply
under the executive branch ethics program to all Federal departments,
agencies, and entities.
[[Page 123 STAT. 3153]]
Sec. 518. None <<NOTE: Human organism.>> of the funds appropriated
or otherwise made available under this Act may be used to issue patents
on claims directed to or encompassing a human organism.
Sec. 519. None <<NOTE: Torture.>> of the funds made available in
this Act shall be used in any way whatsoever to support or justify the
use of torture by any official or contract employee of the United States
Government.
Sec. 520. (a) <<NOTE: Exports and imports. Firearms. Canada.>>
Notwithstanding any other provision of law or treaty, none of the funds
appropriated or otherwise made available under this Act or any other Act
may be expended or obligated by a department, agency, or instrumentality
of the United States to pay administrative expenses or to compensate an
officer or employee of the United States in connection with requiring an
export license for the export to Canada of components, parts,
accessories or attachments for firearms listed in Category I, section
121.1 of title 22, Code of Federal Regulations (International
Trafficking in Arms Regulations (ITAR), part 121, as it existed on April
1, 2005) with a total value not exceeding $500 wholesale in any
transaction, provided that the conditions of subsection (b) of this
section are met by the exporting party for such articles.
(b) The foregoing exemption from obtaining an export license--
(1) does not exempt an exporter from filing any Shipper's
Export Declaration or notification letter required by law, or
from being otherwise eligible under the laws of the United
States to possess, ship, transport, or export the articles
enumerated in subsection (a); and
(2) does not permit the export without a license of--
(A) fully automatic firearms and components and
parts for such firearms, other than for end use by the
Federal Government, or a Provincial or Municipal
Government of Canada;
(B) barrels, cylinders, receivers (frames) or
complete breech mechanisms for any firearm listed in
Category I, other than for end use by the Federal
Government, or a Provincial or Municipal Government of
Canada; or
(C) articles for export from Canada to another
foreign destination.
(c) In accordance with this section, the District Directors of
Customs and postmasters shall permit the permanent or temporary export
without a license of any unclassified articles specified in subsection
(a) to Canada for end use in Canada or return to the United States, or
temporary import of Canadian-origin items from Canada for end use in the
United States or return to Canada for a Canadian citizen.
(d) The <<NOTE: President. Determination. Federal Register,
publication.>> President may require export licenses under this section
on a temporary basis if the President determines, upon publication first
in the Federal Register, that the Government of Canada has implemented
or maintained inadequate import controls for the articles specified in
subsection (a), such that a significant diversion of such articles has
and continues to take place for use in international terrorism or in the
escalation of a conflict in another nation. The President shall
terminate the requirements of a license when reasons for the temporary
requirements have ceased.
Sec. 521. Notwithstanding <<NOTE: Firearms.>> any other provision
of law, no department, agency, or instrumentality of the United States
receiving appropriated funds under this Act or any other Act shall
obligate or expend in any way such funds to pay administrative
[[Page 123 STAT. 3154]]
expenses or the compensation of any officer or employee of the United
States to deny any application submitted pursuant to 22 U.S.C.
2778(b)(1)(B) and qualified pursuant to 27 CFR section 478.112 or .113,
for a permit to import United States origin ``curios or relics''
firearms, parts, or ammunition.
Sec. 522. None of the funds made available in this Act may be used
to include in any new bilateral or multilateral trade agreement the text
of--
(1) paragraph 2 of article 16.7 of the United States-
Singapore Free Trade Agreement;
(2) paragraph 4 of article 17.9 of the United States-
Australia Free Trade Agreement; or
(3) paragraph 4 of article 15.9 of the United States-Morocco
Free Trade Agreement.
Sec. 523. None <<NOTE: National security letters.>> of the funds
made available in this Act may be used to authorize or issue a national
security letter in contravention of any of the following laws
authorizing the Federal Bureau of Investigation to issue national
security letters: The Right to Financial Privacy Act; The Electronic
Communications Privacy Act; The Fair Credit Reporting Act; The National
Security Act of 1947; USA PATRIOT Act; and the laws amended by these
Acts.
Sec. 524. If at any time during any quarter, the program manager of
a project within the jurisdiction of the Departments of Commerce or
Justice, the National Aeronautics and Space Administration, or the
National Science Foundation totaling more than $75,000,000 has
reasonable cause to believe that the total program cost has increased by
10 percent, the program manager shall immediately inform the Secretary,
Administrator, or Director. The
Secretary, <<NOTE: Notification. Deadline.>> Administrator, or Director
shall notify the House and Senate Committees on Appropriations within 30
days in writing of such increase, and shall include in such notice: the
date on which such determination was made; a statement of the reasons
for such increases; the action taken and proposed to be taken to control
future cost growth of the project; changes made in the performance or
schedule milestones and the degree to which such changes have
contributed to the increase in total program costs or procurement costs;
new estimates of the total project or procurement costs; and a statement
validating that the project's management structure is adequate to
control total project or procurement costs.
Sec. 525. Funds appropriated by this Act, or made available by the
transfer of funds in this Act, for intelligence or intelligence related
activities are deemed to be specifically authorized by the Congress for
purposes of section 504 of the National Security Act of 1947 (50 U.S.C.
414) during fiscal year 2010 until the enactment of the Intelligence
Authorization Act for fiscal year 2010.
Sec. 526. The <<NOTE: Web posting. 5 USC app. 8L.>> Departments,
agencies, and commissions funded under this Act, shall establish and
maintain on the homepages of their Internet websites--
(1) a direct link to the Internet websites of their Offices
of Inspectors General; and
(2) a mechanism on the Offices of Inspectors General website
by which individuals may anonymously report cases of waste,
fraud, or abuse with respect to those Departments, agencies, and
commissions.
Sec. 527. None <<NOTE: Contracts. Grants. Certification.>> of the
funds appropriated or otherwise made available by this Act may be used
to enter into a contract in
[[Page 123 STAT. 3155]]
an amount greater than $5,000,000 or to award a grant in excess of such
amount unless the prospective contractor or grantee certifies in writing
to the agency awarding the contract or grant that, to the best of its
knowledge and belief, the contractor or grantee has filed all Federal
tax returns required during the three years preceding the certification,
has not been convicted of a criminal offense under the Internal Revenue
Code of 1986, and has not, more than 90 days prior to certification,
been notified of any unpaid Federal tax assessment for which the
liability remains unsatisfied, unless the assessment is the subject of
an installment agreement or offer in compromise that has been approved
by the Internal Revenue Service and is not in default, or the assessment
is the subject of a non-frivolous administrative or judicial proceeding.
Sec. 528. None of the funds appropriated or otherwise made
available in this Act may be used in a manner that is inconsistent with
the principal negotiating objective of the United States with respect to
trade remedy laws to preserve the ability of the United States--
(1) to enforce vigorously its trade laws, including
antidumping, countervailing duty, and safeguard laws;
(2) to avoid agreements that--
(A) lessen the effectiveness of domestic and
international disciplines on unfair trade, especially
dumping and subsidies; or
(B) lessen the effectiveness of domestic and
international safeguard provisions, in order to ensure
that United States workers, agricultural producers, and
firms can compete fully on fair terms and enjoy the
benefits of reciprocal trade concessions; and
(3) to address and remedy market distortions that lead to
dumping and subsidization, including overcapacity,
cartelization, and market-access barriers.
(rescissions)
Sec. 529. (a) Of the unobligated balances available to the
Department of Justice from prior appropriations, the following funds are
hereby rescinded, not later than September 30, 2010, from the following
accounts in the specified amounts--
(1) ``Legal Activities, Assets Forfeiture Fund'',
$387,200,000;
(2) ``Federal Bureau of Investigation, Salaries and
Expenses'', $50,000,000;
(3) ``Office of Justice Programs'', $54,000,000; and
(4) ``Community Oriented Policing Services'', $40,000,000.
(b) Within <<NOTE: Deadline. Reports.>> 30 days of enactment of
this Act, the Department of Justice shall submit to the Committees on
Appropriations of the House of Representatives and the Senate a report
specifying the amount of each rescission made pursuant to this section.
(c) The rescissions contained in this section shall not apply to
funds provided in this Act.
Sec. 530. None of the funds made available in this Act may be used
to purchase first class or premium airline travel in contravention of
sections 301-10.122 through 301-10.124 of title 41 of the Code of
Federal Regulations.
Sec. 531. None of the funds made available in this Act may be used
to send or otherwise pay for the attendance of more than
[[Page 123 STAT. 3156]]
50 employees from a Federal department or agency at any single
conference occurring outside the United States.
Sec. 532. (a) <<NOTE: Detainees. Cuba. President. Classified
information. Deadlines.>> None of the funds made available in this or
any other Act may be used to release an individual who is detained, as
of June 24, 2009, at Naval Station, Guantanamo Bay, Cuba, into the
continental United States, Alaska, Hawaii, or the District of Columbia,
into any of the United States territories of Guam, American Samoa (AS),
the United States Virgin Islands (USVI), the Commonwealth of Puerto Rico
and the Commonwealth of the Northern Mariana Islands (CNMI).
(b) None of the funds made available in this or any other Act may be
used to transfer an individual who is detained, as of June 24, 2009, at
Naval Station, Guantanamo Bay, Cuba, into the continental United States,
Alaska, Hawaii, or the District of Columbia, into any of the United
States territories of Guam, American Samoa (AS), the United States
Virgin Islands (USVI), the Commonwealth of Puerto Rico and the
Commonwealth of the Northern Mariana Islands (CNMI), for the purpose of
detention, except as provided in subsection (c).
(c) None of the funds made available in this or any other Act may be
used to transfer an individual who is detained, as of June 24, 2009, at
Naval Station, Guantanamo Bay, Cuba, into the continental United States,
Alaska, Hawaii, or the District of Columbia, into any of the United
States territories of Guam, American Samoa (AS), the United States
Virgin Islands (USVI), the Commonwealth of Puerto Rico and the
Commonwealth of the Northern Mariana Islands (CNMI), for the purposes of
prosecuting such individual, or detaining such individual during legal
proceedings, until 45 days after the plan described in subsection (d) is
received.
(d) The <<NOTE: Disposition plan.>> President shall submit to
Congress, in classified form, a plan regarding the proposed disposition
of any individual covered by subsection (c) who is detained as of June
24, 2009. Such plan shall include, at a minimum, each of the following
for each such individual:
(1) A determination of the risk that the individual might
instigate an act of terrorism within the continental United
States, Alaska, Hawaii, the District of Columbia, or the United
States territories if the individual were so transferred.
(2) A determination of the risk that the individual might
advocate, coerce, or incite violent extremism, ideologically
motivated criminal activity, or acts of terrorism, among inmate
populations at incarceration facilities within the continental
United States, Alaska, Hawaii, the District of Columbia, or the
United States territories if the individual were transferred to
such a facility.
(3) The costs associated with transferring the individual in
question.
(4) The legal rationale and associated court demands for
transfer.
(5) A plan for mitigation of any risks described in
paragraphs (1), (2), and (7).
(6) A <<NOTE: Notification. Certification.>> copy of a
notification to the Governor of the State to which the
individual will be transferred, to the Mayor of the District of
Columbia if the individual will be transferred to the District
of Columbia, or to any United States territories with a
certification by the Attorney General of the United
[[Page 123 STAT. 3157]]
States in classified form at least 14 days prior to such
transfer (together with supporting documentation and
justification) that the individual poses little or no security
risk to the United States.
(7) An assessment of any risk to the national security of
the United States or its citizens, including members of the
Armed Services of the United States, that is posed by such
transfer and the actions taken to mitigate such risk.
(e) None of the funds made available in this or any other Act may be
used to transfer or release an individual detained at Naval Station,
Guantanamo Bay, Cuba, as of June 24, 2009, to the country of such
individual's nationality or last habitual residence or to any other
country other than the United States or to a freely associated State,
unless the President submits to the Congress, in classified form, at
least 15 days prior to such transfer or release, the following
information:
(1) The name of any individual to be transferred or released
and the country or the freely associated State to which such
individual is to be transferred or released.
(2) An assessment of any risk to the national security of
the United States or its citizens, including members of the
Armed Services of the United States, that is posed by such
transfer or release and the actions taken to mitigate such risk.
(3) The terms of any agreement with the country or the
freely associated State for the acceptance of such individual,
including the amount of any financial assistance related to such
agreement.
(f) None of the funds made available in this Act may be used to
provide any immigration benefit (including a visa, admission into the
United States or any of the United States territories, parole into the
United States or any of the United States territories (other than parole
for the purposes of prosecution and related detention), or
classification as a refugee or applicant for asylum) to any individual
who is detained, as of June 24, 2009, at Naval Station, Guantanamo Bay,
Cuba.
(g) In <<NOTE: Definition.>> this section, the term ``freely
associated States'' means the Federated States of Micronesia (FSM), the
Republic of the Marshall Islands (RMI), and the Republic of Palau.
(h) Prior <<NOTE: Reports.>> to the termination of detention
operations at Naval Station, Guantanamo Bay, Cuba, the President shall
submit to the Congress a report in classified form describing the
disposition or legal status of each individual detained at the facility
as of the date of enactment of this Act.
Sec. 533. Section 504(a) of the Departments of Commerce, Justice,
and State, the Judiciary, and Related Agencies Appropriations Act, 1996
(as contained in Public Law 104-134) <<NOTE: 110 Stat. 1321-55.>> is
amended by striking paragraph (13).
Sec. 534. None <<NOTE: ACORN.>> of the funds made available under
this Act may be distributed to the Association of Community
Organizations for Reform Now (ACORN) or its subsidiaries.
Sec. 535. (a) <<NOTE: Audits.>> The Comptroller General of the
United States shall conduct a review and audit of Federal funds received
by the Association of Community Organizations for Reform Now (referred
to in this section as ``ACORN'') or any subsidiary or affiliate of ACORN
to determine--
[[Page 123 STAT. 3158]]
(1) whether any Federal funds were misused and, if so, the
total amount of Federal funds involved and how such funds were
misused;
(2) what steps, if any, have been taken to recover any
Federal funds that were misused;
(3) what steps should be taken to prevent the misuse of any
Federal funds; and
(4) whether all necessary steps have been taken to prevent
the misuse of any Federal funds.
(b) Not <<NOTE: Deadline. Reports. Recommenda- tions.>> later than
180 days after the date of enactment of this Act, the Comptroller
General shall submit to Congress a report on the results of the audit
required under subsection (a), along with recommendations for Federal
agency reforms.
Sec. 536. To the extent practicable, funds made available in this
Act should be used to purchase light bulbs that are ``Energy Star''
qualified or have the ``Federal Energy Management Program'' designation.
Sec. 537. The Director of the Office of Management and Budget shall
instruct any department, agency, or instrumentality of the United States
Government receiving funds appropriated under this Act to track
undisbursed balances in expired grant accounts and include in its annual
performance plan and performance and accountability reports the
following:
(1) Details on future action the department, agency, or
instrumentality will take to resolve undisbursed balances in
expired grant accounts.
(2) The method that the department, agency, or
instrumentality uses to track undisbursed balances in expired
grant accounts.
(3) Identification of undisbursed balances in expired grant
accounts that may be returned to the Treasury of the United
States.
(4) In the preceding 3 fiscal years, details on the total
number of expired grant accounts with undisbursed balances (on
the first day of each fiscal year) for the department, agency,
or instrumentality and the total finances that have not been
obligated to a specific project remaining in the accounts.
Sec. 538. None of the funds made available in this Act may be used
to relocate the Bureau of the Census or employees from the Department of
Commerce to the jurisdiction of the Executive Office of the President.
Sec. 539. Specific <<NOTE: Earmarks.>> projects contained in the
report of the Committee on Appropriations of the House of
Representatives accompanying this Act (H. Rept. 111-149) that are
considered congressional earmarks for purposes of clause 9 of rule XXI
of the Rules of the House of Representatives, when intended to be
awarded to a for-profit entity, shall be awarded under a full and open
competition.
This division may be cited as the ``Commerce, Justice, Science, and
Related Agencies Appropriations Act, 2010''.
[[Page 123 STAT. 3159]]
DIVISION C--FINANCIAL <<NOTE: Financial Services and General Government
Appropriations Act, 2010. Department of the Treasury Appropriations Act,
2010.>> SERVICES AND GENERAL GOVERNMENT APPROPRIATIONS ACT, 2010
TITLE I
DEPARTMENT OF THE TREASURY
Departmental Offices
salaries and expenses
(including transfers of funds)
For necessary expenses of the Departmental Offices including
operation and maintenance of the Treasury Building and Annex; hire of
passenger motor vehicles; maintenance, repairs, and improvements of, and
purchase of commercial insurance policies for, real properties leased or
owned overseas, when necessary for the performance of official business,
$304,888,000, of which not to exceed $21,983,000 is for executive
direction program activities; not to exceed $47,249,000 is for economic
policies and programs activities, including $1,000,000 that shall be
transferred to the National Academy of Sciences for a study by the Board
on Mathematical Sciences and Their Applications on the long-term
economic effects of the aging population in the United States, to remain
available until September 30, 2011, and $1,500,000 that shall be
transferred to the National Academy of Sciences for a carbon audit of
the tax code as authorized in section 117 of the Energy Improvement and
Extension Act of 2008 (Public Law 110-343), to remain available until
September 30, 2011; not to exceed $48,580,000 is for financial policies
and programs activities; not to exceed $64,611,000 is for terrorism and
financial intelligence activities; not to exceed $22,679,000 is for
Treasury-wide management policies and programs activities; and not to
exceed $99,786,000 is for administration programs
activities: <<NOTE: Transfer authority. Notification.>> Provided, That
the Secretary of the Treasury is authorized to transfer funds
appropriated for any program activity of the Departmental Offices to any
other program activity of the Departmental Offices upon notification to
the House and Senate Committees on Appropriations: Provided further,
That no appropriation for any program activity shall be increased or
decreased by more than 4 percent by all such transfers: Provided
further, That <<NOTE: Approval.>> any change in funding greater than 4
percent shall be submitted for approval to the House and Senate
Committees on Appropriations: Provided further, That of the amount
appropriated under this heading, not to exceed $3,000,000, to remain
available until September 30, 2011, is for information technology
modernization requirements; not to exceed $200,000 is for official
reception and representation expenses; and not to exceed $258,000 is for
unforeseen emergencies of a confidential nature, to be allocated and
expended under the direction of the Secretary of the Treasury and to be
accounted for solely on his certificate: Provided further, That of the
amount appropriated under this heading, $6,787,000, to remain available
until September 30, 2011, is for the Treasury-wide Financial Statement
Audit and Internal Control Program, of which such amounts as may be
necessary may be transferred to accounts of the Department's offices and
bureaus to conduct audits: Provided further, That this transfer
authority shall be in addition to any other provided in this Act:
Provided
[[Page 123 STAT. 3160]]
further, That of the amount appropriated under this heading, $500,000,
to remain available until September 30, 2011, is for secure space
requirements: Provided further, That of the amount appropriated under
this heading, $3,400,000, to remain available until September 30, 2012,
is to develop and implement programs within the Office of Critical
Infrastructure Protection and Compliance Policy, including entering into
cooperative agreements: Provided further, That of the amount
appropriated under this heading, $3,000,000, to remain available until
September 30, 2012, is for modernizing the Office of Debt Management's
information technology.
department-wide systems and capital investments programs
(including transfer of funds)
For development and acquisition of automatic data processing
equipment, software, and services for the Department of the Treasury,
$9,544,000, to remain available until September 30, 2012: Provided, That
$4,544,000 is for repairs to the Treasury Annex Building: Provided
further, That these funds shall be transferred to accounts and in
amounts as necessary to satisfy the requirements of the Department's
offices, bureaus, and other organizations: Provided further, That this
transfer authority shall be in addition to any other transfer authority
provided in this Act: Provided further, That none of the funds
appropriated under this heading shall be used to support or supplement
``Internal Revenue Service, Operations Support'' or ``Internal Revenue
Service, Business Systems Modernization''.
office of inspector general
salaries and expenses
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978, not to
exceed $2,000,000 for official travel expenses, including hire of
passenger motor vehicles; and not to exceed $100,000 for unforeseen
emergencies of a confidential nature, to be allocated and expended under
the direction of the Inspector General of the Treasury, $29,700,000, of
which not to exceed $2,500 shall be available for official reception and
representation expenses.
treasury inspector general for tax administration
salaries and expenses
For necessary expenses of the Treasury Inspector General for Tax
Administration in carrying out the Inspector General Act of 1978,
including purchase (not to exceed 150 for replacement only for police-
type use) and hire of passenger motor vehicles (31 U.S.C. 1343(b));
services authorized by 5 U.S.C. 3109, at such rates as may be determined
by the Inspector General for Tax Administration; $152,000,000, of which
not to exceed $6,000,000 shall be available for official travel
expenses; of which not to exceed $500,000 shall be available for
unforeseen emergencies of a confidential nature, to be allocated and
expended under the direction of the Inspector General for Tax
Administration; and of which not to
[[Page 123 STAT. 3161]]
exceed $1,500 shall be available for official reception and
representation expenses.
special inspector general for the troubled asset relief program
salaries and expenses
For necessary expenses of the Office of the Special Inspector
General in carrying out the provisions of the Emergency Economic
Stabilization Act of 2008 (Public Law 110-343), $23,300,000.
Financial Crimes Enforcement Network
salaries and expenses
For necessary expenses of the Financial Crimes Enforcement Network,
including hire of passenger motor vehicles; travel and training
expenses, including for course development, of non-Federal and foreign
government personnel to attend meetings and training concerned with
domestic and foreign financial intelligence activities, law enforcement,
and financial regulation; not to exceed $14,000 for official reception
and representation expenses; and for assistance to Federal law
enforcement agencies, with or without reimbursement, $111,010,000, of
which not to exceed $26,085,000 shall remain available until September
30, 2012; and of which $9,316,000 shall remain available until September
30, 2011: Provided, That funds appropriated in this account may be used
to procure personal services contracts.
Treasury Forfeiture Fund
(rescission)
Of the unobligated balances available under this heading,
$90,000,000 are rescinded.
Financial Management Service
salaries and expenses
For necessary expenses of the Financial Management Service,
$244,132,000, of which not to exceed $9,220,000 shall remain available
until September 30, 2012, for information systems modernization
initiatives; and of which not to exceed $2,500 shall be available for
official reception and representation expenses.
Alcohol and Tobacco Tax and Trade Bureau
salaries and expenses
For necessary expenses of carrying out section 1111 of the Homeland
Security Act of 2002, including hire of passenger motor vehicles,
$103,000,000; of which not to exceed $6,000 for official reception and
representation expenses; not to exceed $50,000 for cooperative research
and development programs for laboratory services; and provision of
laboratory assistance to State and local agencies with or without
reimbursement: Provided, That of the amount
[[Page 123 STAT. 3162]]
appropriated under this heading, $3,000,000, to remain available until
September 30, 2011, shall be for the hiring, training, and equipping of
special agents and related support personnel.
United States Mint
united states mint public enterprise fund
Pursuant to section 5136 of title 31, United States Code, the United
States Mint is provided funding through the United States Mint Public
Enterprise Fund for costs associated with the production of circulating
coins, numismatic coins, and protective services, including both
operating expenses and capital investments. The aggregate amount of new
liabilities and obligations incurred during fiscal year 2010 under such
section 5136 for circulating coinage and protective service capital
investments of the United States Mint shall not exceed $26,700,000.
Bureau of the Public Debt
administering the public debt
For necessary expenses connected with any public-debt issues of the
United States, $192,244,000, of which not to exceed $2,500 shall be
available for official reception and representation expenses, and of
which not to exceed $2,000,000 shall remain available until September
30, 2012, for systems modernization: Provided, That the sum appropriated
herein from the general fund for fiscal year 2010 shall be reduced by
not more than $10,000,000 as definitive security issue fees and Legacy
Treasury Direct Investor Account Maintenance fees are collected, so as
to result in a final fiscal year 2010 appropriation from the general
fund estimated at $182,244,000. In addition, $90,000 to be derived from
the Oil Spill Liability Trust Fund to reimburse the Bureau for
administrative and personnel expenses for financial management of the
Fund, as authorized by section 1012 of Public Law 101-380.
Community Development Financial Institutions Fund Program Account
(including transfer of funds)
To carry out the Community Development Banking and Financial
Institutions Act of 1994 (Public Law 103-325), including services
authorized by 5 U.S.C. 3109, but at rates for individuals not to exceed
the per diem rate equivalent to the rate for ES-3, notwithstanding
sections 4707(d) and 4707(e) of title 12, United States Code,
$166,750,000, to remain available until September 30, 2011; of which
$12,000,000 shall be for financial assistance, technical assistance,
training and outreach programs, designed to benefit Native American,
Native Hawaiian, and Alaskan Native communities and provided primarily
through qualified community development lender organizations with
experience and expertise in community development banking and lending in
Indian country, Native American organizations, tribes and tribal
organizations and other suitable providers; of which $1,000,000 shall be
available for the pilot project grant program under section 1132(d) of
division A of the Housing and Economic Recovery Act of 2008 (Public Law
[[Page 123 STAT. 3163]]
110-289); of which $3,150,000 shall be for an additional pilot project
grant to an eligible organization located in the State of Hawaii for
financial education and pre-home ownership counseling as authorized in
section 1132(d) of division A of the Housing and Economic Recovery Act
of 2008 (Public Law 110-289), and of which up to $18,000,000 may be used
for administrative expenses, including administration of the New Markets
Tax Credit.
For an additional amount to be transferred to the ``Capital Magnet
Fund'', as authorized by section 1339 of the Federal Housing Enterprises
Financial Safety and Soundness Act of 1992 (12 U.S.C. 1301 et seq.), as
amended by section 1131 of the Housing and Economic Recovery Act of 2008
(Public Law 110-289), to support financing for affordable housing and
economic development projects, $80,000,000, to remain available until
September 30, 2011: <<NOTE: Applicability.>> Provided, That, for fiscal
year 2010, section 1339(h)(3) of the Federal Housing Enterprises
Financial Safety and Soundness Act of 1992, as amended by section 1131
of the Housing and Economic Recovery Act of 2008 (Public Law 110-289),
shall be applied by substituting the term ``at least 10 times the grant
amount or such other amount that the Secretary may require'' for ``at
least 10 times the grant amount''.
Internal Revenue Service
taxpayer services
For necessary expenses of the Internal Revenue Service to provide
taxpayer services, including pre-filing assistance and education, filing
and account services, taxpayer advocacy services, and other services as
authorized by 5 U.S.C. 3109, at such rates as may be determined by the
Commissioner, $2,278,830,000, of which not less than $6,100,000 shall be
for the Tax Counseling for the Elderly Program, of which not less than
$10,000,000 shall be available for low-income taxpayer clinic grants, of
which not less than $12,000,000, to remain available until September 30,
2011, shall be available for a Community Volunteer Income Tax Assistance
matching grants demonstration program for tax return preparation
assistance, and of which not less than $205,954,000 shall be available
for operating expenses of the Taxpayer Advocate Service.
enforcement
(including transfer of funds)
For necessary expenses for tax enforcement activities of the
Internal Revenue Service to determine and collect owed taxes, to provide
legal and litigation support, to conduct criminal investigations, to
enforce criminal statutes related to violations of internal revenue laws
and other financial crimes, to purchase (for police-type use, not to
exceed 850) and hire passenger motor vehicles (31 U.S.C. 1343(b)), and
to provide other services as authorized by 5 U.S.C. 3109, at such rates
as may be determined by the Commissioner, $4,904,000,000, of which not
less than $59,206,000 shall be for the Interagency Crime and Drug
Enforcement program; and of which not to exceed $126,500 shall be for
official reception and representation expenses associated with hosting
the Leeds Castle Meeting in the United States during 2010: Provided,
That up to $10,000,000 may be transferred as necessary from this account
[[Page 123 STAT. 3164]]
to ``Operations Support'' solely for the purposes of the Interagency
Crime and Drug Enforcement program: Provided further, That this transfer
authority shall be in addition to any other transfer authority provided
in this Act. In addition to amounts made available above, $600,000,000
shall be made available for enhanced tax enforcement activities.
operations support
For necessary expenses of the Internal Revenue Service to support
taxpayer services and enforcement programs, including rent payments;
facilities services; printing; postage; physical security; headquarters
and other IRS-wide administration activities; research and statistics of
income; telecommunications; information technology development,
enhancement, operations, maintenance, and security; the hire of
passenger motor vehicles (31 U.S.C. 1343(b)); and other services as
authorized by 5 U.S.C. 3109, at such rates as may be determined by the
Commissioner; $4,083,884,000, of which up to $75,000,000 shall remain
available until September 30, 2011, for information technology support;
of which not to exceed $1,000,000 shall remain available until September
30, 2012, for research; of which not less than $2,000,000 shall be for
the Internal Revenue Service Oversight Board; of which not to exceed
$25,000 shall be for official reception and representation; and of which
$290,000,000 shall be made available to support enhanced tax enforcement
activities: Provided, That of the amounts provided under this heading,
such sums as are necessary shall be available to fully support tax
enforcement and enhanced tax enforcement activities.
business systems modernization
For necessary expenses of the Internal Revenue Service's business
systems modernization program, $263,897,000, to remain available until
September 30, 2012, for the capital asset acquisition of information
technology systems, including management and related contractual costs
of said acquisitions, including related Internal Revenue Service labor
costs, and contractual costs associated with operations authorized by 5
U.S.C. 3109: <<NOTE: Expenditure plan.>> Provided, That, with the
exception of labor costs, none of these funds may be obligated until the
Internal Revenue Service submits to the Committees on Appropriations,
and such Committees approve, a plan for expenditure that: (1) meets the
capital planning and investment control review requirements established
by the Office of Management and Budget, including Circular A-11; (2)
complies with the Internal Revenue Service's enterprise architecture,
including the modernization blueprint; (3) conforms with the Internal
Revenue Service's enterprise life cycle methodology; (4) is approved by
the Internal Revenue Service, the Department of the Treasury, and the
Office of Management and Budget; (5) has been reviewed by the Government
Accountability Office; and (6) complies with the acquisition rules,
requirements, guidelines, and systems acquisition management practices
of the Federal Government.
[[Page 123 STAT. 3165]]
health insurance tax credit administration
For expenses necessary to implement the health insurance tax credit
included in the Trade Act of 2002 (Public Law 107-210), $15,512,000.
administrative provisions--internal revenue service
(including transfer of funds)
Sec. 101. Not to exceed 5 percent of any appropriation made
available in this Act to the Internal Revenue Service or not to exceed 3
percent of appropriations under the heading ``Enforcement'' may be
transferred to any other Internal Revenue Service appropriation upon the
advance approval of the Committees on Appropriations.
Sec. 102. The Internal Revenue Service shall maintain a training
program to ensure that Internal Revenue Service employees are trained in
taxpayers' rights, in dealing courteously with taxpayers, and in cross-
cultural relations.
Sec. 103. The <<NOTE: Confidentiality.>> Internal Revenue Service
shall institute and enforce policies and procedures that will safeguard
the confidentiality of taxpayer information.
Sec. 104. Funds made available by this or any other Act to the
Internal Revenue Service shall be available for improved facilities and
increased staffing to provide sufficient and effective 1-800 help line
service for taxpayers. The Commissioner shall continue to make the
improvement of the Internal Revenue Service 1-800 help line service a
priority and allocate resources necessary to increase phone lines and
staff to improve the Internal Revenue Service 1-800 help line service.
Sec. 105. Of the funds made available by this Act to the Internal
Revenue Service, not less than $7,100,000,000 shall be available only
for tax enforcement. In addition, of the funds made available by this
Act to the Internal Revenue Service, and subject to the same terms and
conditions, $890,000,000 shall be available for enhanced tax law
enforcement.
Sec. 106. None <<NOTE: Contracts.>> of the funds made available in
this Act may be used to enter into, renew, extend, administer,
implement, enforce, or provide oversight of any qualified tax collection
contract (as defined in section 6306 of the Internal Revenue Code of
1986).
Administrative Provisions--Department of the Treasury
(including transfers of funds)
Sec. 107. Appropriations to the Department of the Treasury in this
Act shall be available for uniforms or allowances therefor, as
authorized by law (5 U.S.C. 5901), including maintenance, repairs, and
cleaning; purchase of insurance for official motor vehicles operated in
foreign countries; purchase of motor vehicles without regard to the
general purchase price limitations for vehicles purchased and used
overseas for the current fiscal year; entering into contracts with the
Department of State for the furnishing of health and medical services to
employees and their dependents serving in foreign countries; and
services authorized by 5 U.S.C. 3109.
[[Page 123 STAT. 3166]]
Sec. 108. Not to exceed 2 percent of any appropriations in this Act
made available to the Departmental Offices--Salaries and Expenses,
Office of Inspector General, Financial Management Service, Alcohol and
Tobacco Tax and Trade Bureau, Financial Crimes Enforcement Network, and
Bureau of the Public Debt, may be transferred between such
appropriations upon the advance approval of the Committees on
Appropriations: Provided, That no transfer may increase or decrease any
such appropriation by more than 2 percent.
Sec. 109. Not to exceed 2 percent of any appropriation made
available in this Act to the Internal Revenue Service may be transferred
to the Treasury Inspector General for Tax Administration's appropriation
upon the advance approval of the Committees on Appropriations: Provided,
That no transfer may increase or decrease any such appropriation by more
than 2 percent.
Sec. 110. Of the funds available for the purchase of law
enforcement vehicles, no funds may be obligated until the Secretary of
the Treasury certifies that the purchase by the respective Treasury
bureau is consistent with departmental vehicle management principles:
Provided, That the Secretary may delegate this authority to the
Assistant Secretary for Management.
Sec. 111. None of the funds appropriated in this Act or otherwise
available to the Department of the Treasury or the Bureau of Engraving
and Printing may be used to redesign the $1 Federal Reserve note.
Sec. 112. The Secretary of the Treasury may transfer funds from
Financial Management Service, Salaries and Expenses to the Debt
Collection Fund as necessary to cover the costs of debt collection:
Provided, That such amounts shall be reimbursed to such salaries and
expenses account from debt collections received in the Debt Collection
Fund.
Sec. 113. Section 122(g)(1) of Public Law 105-119 (5 U.S.C. 3104
note), is further amended by striking ``11 years'' and inserting ``12
years''.
Sec. 114. None of the funds appropriated or otherwise made
available by this or any other Act may be used by the United States Mint
to construct or operate any museum without the explicit approval of the
Committees on Appropriations of the House of Representatives and the
Senate, the House Committee on Financial Services, and the Senate
Committee on Banking, Housing and Urban Affairs.
Sec. 115. None of the funds appropriated or otherwise made
available by this or any other Act or source to the Department of the
Treasury, the Bureau of Engraving and Printing, and the United States
Mint, individually or collectively, may be used to consolidate any or
all functions of the Bureau of Engraving and Printing and the United
States Mint without the explicit approval of the House Committee on
Financial Services; the Senate Committee on Banking, Housing, and Urban
Affairs; the House Committee on Appropriations; and the Senate Committee
on Appropriations.
Sec. 116. Funds appropriated by this Act, or made available by the
transfer of funds in this Act, for the Department of the Treasury's
intelligence or intelligence related activities are deemed to be
specifically authorized by the Congress for purposes of section 504 of
the National Security Act of 1947 (50 U.S.C. 414) during
[[Page 123 STAT. 3167]]
fiscal year 2010 until the enactment of the Intelligence Authorization
Act for Fiscal Year 2010.
Sec. 117. Not to exceed $5,000 shall be made available from the
Bureau of Engraving and Printing's Industrial Revolving Fund for
necessary official reception and representation expenses.
This title may be cited as the ``Department of the Treasury
Appropriations Act, 2010''.
TITLE II <<NOTE: Executive Office of the President Appropriations Act,
2010.>>
EXECUTIVE OFFICE OF THE PRESIDENT AND FUNDS APPROPRIATED TO THE
PRESIDENT
Compensation of the President
For compensation of the President, including an expense allowance at
the rate of $50,000 per annum as authorized by 3 U.S.C. 102, $450,000:
Provided, That none of the funds made available for official expenses
shall be expended for any other purpose and any unused amount shall
revert to the Treasury pursuant to 31 U.S.C. 1552.
The White House
salaries and expenses
For necessary expenses for the White House as authorized by law,
including not to exceed $3,850,000 for services as authorized by 5
U.S.C. 3109 and 3 U.S.C. 105; subsistence expenses as authorized by 3
U.S.C. 105, which shall be expended and accounted for as provided in
that section; hire of passenger motor vehicles, newspapers, periodicals,
teletype news service, and travel (not to exceed $100,000 to be expended
and accounted for as provided by 3 U.S.C. 103); and not to exceed
$19,000 for official entertainment expenses, to be available for
allocation within the Executive Office of the President; and for
necessary expenses of the Office of Policy Development, including
services as authorized by 5 U.S.C. 3109 and 3 U.S.C. 107, $59,143,000,
of which not less than $1,400,000 shall be for the Office of National
AIDS Policy.
Executive Residence at the White House
operating expenses
For the care, maintenance, repair and alteration, refurnishing,
improvement, heating, and lighting, including electric power and
fixtures, of the Executive Residence at the White House and official
entertainment expenses of the President, $13,838,000, to be expended and
accounted for as provided by 3 U.S.C. 105, 109, 110, and 112-114.
reimbursable expenses
For the reimbursable expenses of the Executive Residence at the
White House, such sums as may be necessary: Provided, That all
reimbursable operating expenses of the Executive Residence shall be made
in accordance with the provisions of this paragraph: Provided further,
That, notwithstanding any other provision of law,
[[Page 123 STAT. 3168]]
such amount for reimbursable operating expenses shall be the exclusive
authority of the Executive Residence to incur obligations and to receive
offsetting collections, for such expenses: Provided further, That the
Executive Residence shall require each person sponsoring a reimbursable
political event to pay in advance an amount equal to the estimated cost
of the event, and all such advance payments shall be credited to this
account and remain available until expended: Provided further, That the
Executive Residence shall require the national committee of the
political party of the President to maintain on deposit $25,000, to be
separately accounted for and available for expenses relating to
reimbursable political events sponsored by such committee during such
fiscal year: <<NOTE: Notice. Deadlines.>> Provided further, That the
Executive Residence shall ensure that a written notice of any amount
owed for a reimbursable operating expense under this paragraph is
submitted to the person owing such amount within 60 days after such
expense is incurred, and that such amount is collected within 30 days
after the submission of such notice: Provided further,
That <<NOTE: Penalties. Deadline.>> the Executive Residence shall
charge interest and assess penalties and other charges on any such
amount that is not reimbursed within such 30 days, in accordance with
the interest and penalty provisions applicable to an outstanding debt on
a United States Government claim under 31 U.S.C. 3717: Provided further,
That each such amount that is reimbursed, and any accompanying interest
and charges, shall be deposited in the Treasury as miscellaneous
receipts: <<NOTE: Deadline. Reports.>> Provided further, That the
Executive Residence shall prepare and submit to the Committees on
Appropriations, by not later than 90 days after the end of the fiscal
year covered by this Act, a report setting forth the reimbursable
operating expenses of the Executive Residence during the preceding
fiscal year, including the total amount of such expenses, the amount of
such total that consists of reimbursable official and ceremonial events,
the amount of such total that consists of reimbursable political events,
and the portion of each such amount that has been reimbursed as of the
date of the report: Provided further, That <<NOTE: Records.>> the
Executive Residence shall maintain a system for the tracking of expenses
related to reimbursable events within the Executive Residence that
includes a standard for the classification of any such expense as
political or nonpolitical: Provided further, That no provision of this
paragraph may be construed to exempt the Executive Residence from any
other applicable requirement of subchapter I or II of chapter 37 of
title 31, United States Code.
White House Repair and Restoration
For the repair, alteration, and improvement of the Executive
Residence at the White House, $2,500,000, to remain available until
expended, for required maintenance, resolution of safety and health
issues, and continued preventative maintenance.
Council of Economic Advisers
salaries and expenses
For necessary expenses of the Council of Economic Advisers in
carrying out its functions under the Employment Act of 1946 (15 U.S.C.
1021 et seq.), $4,200,000.
[[Page 123 STAT. 3169]]
National Security Council
salaries and expenses
For necessary expenses of the National Security Council, including
services as authorized by 5 U.S.C. 3109, $12,231,000.
Office of Administration
salaries and expenses
For necessary expenses of the Office of Administration, including
services as authorized by 5 U.S.C. 3109 and 3 U.S.C. 107, and hire of
passenger motor vehicles, $115,280,000, of which $16,768,000 shall
remain available until expended for continued modernization of the
information technology infrastructure within the Executive Office of the
President.
Office of Management and Budget
salaries and expenses
For necessary expenses of the Office of Management and Budget,
including hire of passenger motor vehicles and services as authorized by
5 U.S.C. 3109 and to carry out the provisions of chapter 35 of title 44,
United States Code, $92,863,000, of which not to exceed $3,000 shall be
available for official representation expenses: Provided, That none of
the funds appropriated in this Act for the Office of Management and
Budget may be used for the purpose of reviewing any agricultural
marketing orders or any activities or regulations under the provisions
of the Agricultural Marketing Agreement Act of 1937 (7 U.S.C. 601 et
seq.): Provided further, That none of the funds made available for the
Office of Management and Budget by this Act may be expended for the
altering of the transcript of actual testimony of witnesses, except for
testimony of officials of the Office of Management and Budget, before
the Committees on Appropriations or their subcommittees: Provided
further, That none of the funds provided in this or prior Acts shall be
used, directly or indirectly, by the Office of Management and Budget,
for evaluating or determining if water resource project or study reports
submitted by the Chief of Engineers acting through the Secretary of the
Army are in compliance with all applicable laws, regulations, and
requirements relevant to the Civil Works water resource planning
process: <<NOTE: Deadline. Policy reviews.>> Provided further, That the
Office of Management and Budget shall have not more than 60 days in
which to perform budgetary policy reviews of water resource matters on
which the Chief of Engineers has reported: Provided further,
That <<NOTE: Notification.>> the Director of the Office of Management
and Budget shall notify the appropriate authorizing and appropriating
committees when the 60-day review is
initiated: <<NOTE: Reports. Deadline.>> Provided further, That if water
resource reports have not been transmitted to the appropriate
authorizing and appropriating committees within 15 days after the end of
the Office of Management and Budget review period based on the
notification from the Director, Congress shall assume Office of
Management and Budget concurrence with the report and act accordingly.
[[Page 123 STAT. 3170]]
Office of National Drug Control Policy
salaries and expenses
For necessary expenses of the Office of National Drug Control
Policy; for research activities pursuant to the Office of National Drug
Control Policy Reauthorization Act of 2006 (Public Law 109-469); not to
exceed $10,000 for official reception and representation expenses; and
for participation in joint projects or in the provision of services on
matters of mutual interest with nonprofit, research, or public
organizations or agencies, with or without reimbursement, $29,575,000;
of which $1,300,000 shall remain available until expended for policy
research and evaluation: <<NOTE: 21 USC 1702 note.>> Provided, That the
Office is authorized to accept, hold, administer, and utilize gifts,
both real and personal, public and private, without fiscal year
limitation, for the purpose of aiding or facilitating the work of the
Office.
counterdrug technology assessment center
(including transfer of funds)
For necessary expenses for the Counterdrug Technology Assessment
Center (CTAC) for research activities pursuant to the Office of National
Drug Control Policy Reauthorization Act of 2006 (Public Law 109-469),
$5,000,000, which shall remain available until expended for
counternarcotics research and development projects: Provided, That such
amount shall be available for transfer to other Federal departments or
agencies: <<NOTE: Reports.>> Provided further, That the Office of
National Drug Control Policy shall submit for approval by the Committees
on Appropriations of the House of Representatives and the Senate, a
mission statement for CTAC, a detailed explanation of the CTAC program,
and a detailed spending plan for the use of these funds, prior to
obligation of any funds provided in this paragraph: Provided further,
That the report required by the preceding proviso shall be in lieu of
inclusion of CTAC in the financial plan required by section 202.
federal drug control programs
high intensity drug trafficking areas program
(including transfers of funds)
For necessary <<NOTE: Deadline.>> expenses of the Office of
National Drug Control Policy's High Intensity Drug Trafficking Areas
Program, $239,000,000, to remain available until September 30, 2011, for
drug control activities consistent with the approved strategy for each
of the designated High Intensity Drug Trafficking Areas (``HIDTAs''), of
which not less than 51 percent shall be transferred to State and local
entities for drug control activities and shall be obligated not later
than 120 days after enactment of this Act: Provided, That up to 49
percent may be transferred to Federal agencies and departments in
amounts determined by the Director of the Office of National Drug
Control Policy (``the Director''), of which up to $2,700,000 may be used
for auditing services and associated activities (including up to
$500,000 to ensure the continued operation and maintenance of the
Performance Management
[[Page 123 STAT. 3171]]
System): Provided further, That, notwithstanding the requirements of
Public Law 106-58, any unexpended funds obligated prior to fiscal year
2008 may be used for any other approved activities of that High
Intensity Drug Trafficking Area, subject to reprogramming
requirements: <<NOTE: Funding justification.>> Provided further, That
each High Intensity Drug Trafficking Area designated as of September 30,
2009, shall be funded at not less than the fiscal year 2009 base level,
unless the Director submits to the Committees on Appropriations of the
House of Representatives and the Senate justification for changes to
those levels based on clearly articulated priorities and published
Office of National Drug Control Policy performance measures of
effectiveness: Provided further,
That <<NOTE: Notifications. Deadlines.>> the Director shall notify the
Committees on Appropriations of the initial allocation of fiscal year
2010 funding among HIDTAs not later than 45 days after enactment of this
Act, and shall notify the Committees of planned uses of discretionary
HIDTA funding, as determined in consultation with the HIDTA Directors,
not later than 90 days after enactment of this Act.
other federal drug control programs
(including transfers of funds)
For other drug control activities authorized by the Office of
National Drug Control Policy Reauthorization Act of 2006 (Public Law
109-469), $154,400,000, to remain available until expended, which shall
be available as follows: $45,000,000 to support a national media
campaign; $95,000,000 for the Drug-Free Communities Program, of which
$2,000,000 shall be made available as directed by section 4 of Public
Law 107-82, as amended by Public Law 109-469 (21 U.S.C. 1521 note);
$1,000,000 for the National Drug Court Institute; $10,000,000 for the
United States Anti-Doping Agency for anti-doping activities; $1,900,000
for the United States membership dues to the World Anti-Doping Agency;
$1,250,000 for the National Alliance for Model State Drug Laws; and
$250,000 for evaluations and research related to National Drug Control
Program performance measures, which may be transferred to other Federal
departments and agencies to carry out such activities.
Unanticipated Needs
For expenses necessary to enable the President to meet unanticipated
needs, in furtherance of the national interest, security, or defense
which may arise at home or abroad during the current fiscal year, as
authorized by 3 U.S.C. 108, $1,000,000, to remain available until
September 30, 2011.
Partnership Fund for Program Integrity Innovation
(including transfer of funds)
For the Partnership Fund for Program Integrity Innovation,
$37,500,000, to remain available until September 30, 2012, which may be
used for grants, contracts, cooperative agreements, and administrative
costs of carrying out Partnership Fund for Program Integrity Innovation
pilot projects: Provided, That these funds shall be transferred by the
Director of the Office of Management and Budget to appropriate agencies
to carry out pilot projects and to
[[Page 123 STAT. 3172]]
conduct or provide for evaluation of such projects: Provided further,
That such transfers shall be contingent upon the Director of the Office
of Management and Budget determining, in consultation with an
interagency council consisting of representatives of appropriate Federal
agencies, States, and other stakeholders, that the pilot projects
address Federal programs that have a substantial State role in
eligibility determination or administration or where Federal-State
cooperation could otherwise be beneficial; in aggregate, save at least
as much money as they cost; demonstrate the potential to streamline
administration or strengthen program integrity; and do not achieve
savings primarily by reducing the participation of eligible
beneficiaries: <<NOTE: Reports. Deadlines.>> Provided further, That the
interagency council required by the previous proviso shall submit a
progress report to the Committees on Appropriations of the House of
Representatives and the Senate not later than March 31, 2010 and
semiannually thereafter until the program is completed, including
detailed information on goals, objectives, performance measures, and
evaluations of the program in general and of each specific pilot
undertaken.
Special Assistance to the President
salaries and expenses
For necessary expenses to enable the Vice President to provide
assistance to the President in connection with specially assigned
functions; services as authorized by 5 U.S.C. 3109 and 3 U.S.C. 106,
including subsistence expenses as authorized by 3 U.S.C. 106, which
shall be expended and accounted for as provided in that section; and
hire of passenger motor vehicles, $4,604,000.
Official Residence of the Vice President
operating expenses
(including transfer of funds)
For the care, operation, refurnishing, improvement, and to the
extent not otherwise provided for, heating and lighting, including
electric power and fixtures, of the official residence of the Vice
President; the hire of passenger motor vehicles; and not to exceed
$90,000 for official entertainment expenses of the Vice President, to be
accounted for solely on his certificate, $330,000: Provided, That
advances or repayments or transfers from this appropriation may be made
to any department or agency for expenses of carrying out such
activities.
Administrative Provisions--Executive Office of the President and Funds
Appropriated to the President
(including transfers of funds)
Sec. 201. From <<NOTE: Notification.>> funds made available in
this Act under the headings ``The White House'', ``Executive Residence
at the White House'', ``White House Repair and Restoration'', ``Council
of Economic Advisers'', ``National Security Council'', ``Office of
Administration'', ``Special Assistance to the President'', and
``Official Residence of the Vice President'', the Director of the Office
of Management
[[Page 123 STAT. 3173]]
and Budget (or such other officer as the President may designate in
writing), may, 15 days after giving notice to the Committees on
Appropriations of the House of Representatives and the Senate, transfer
not to exceed 10 percent of any such appropriation to any other such
appropriation, to be merged with and available for the same time and for
the same purposes as the appropriation to which transferred: Provided,
That the amount of an appropriation shall not be increased by more than
50 percent by such transfers: Provided further, That no amount shall be
transferred from ``Special Assistance to the President'' or ``Official
Residence of the Vice President'' without the approval of the Vice
President.
Sec. 202. The <<NOTE: Deadline. Financial plan.>> Director of the
Office of National Drug Control Policy shall submit to the Committees on
Appropriations of the House of Representatives and the Senate not later
than 60 days after the date of enactment of this Act, and prior to the
initial obligation of more than 20 percent of the funds appropriated in
any account (except ``Counterdrug Technology Assessment Center'') under
the heading ``Office of National Drug Control Policy'', a detailed
narrative and financial plan on the proposed uses of all funds under the
account by program, project, and
activity: <<NOTE: Reports. Deadlines.>> Provided, That the reports
required by this section shall be updated and submitted to the
Committees on Appropriations every 6 months and shall include
information detailing how the estimates and assumptions contained in
previous reports have changed: Provided further, That any new projects
and changes in funding of ongoing projects shall be subject to the prior
approval of the Committees on Appropriations.
Sec. 203. Not to exceed 2 percent of any appropriations in this Act
made available to the Office of National Drug Control Policy may be
transferred between appropriated programs upon the advance approval of
the Committees on Appropriations: Provided, That no transfer may
increase or decrease any such appropriation by more than 3 percent.
Sec. 204. Not to exceed $1,000,000 of any appropriations in this
Act made available to the Office of National Drug Control Policy may be
reprogrammed within a program, project, or activity upon the advance
approval of the Committees on Appropriations.
This title may be cited as the ``Executive Office of the President
Appropriations Act, 2010''.
TITLE III <<NOTE: Judiciary Appropriations Act, 2010.>>
THE JUDICIARY
Supreme Court of the United States
salaries and expenses
For expenses necessary for the operation of the Supreme Court, as
required by law, excluding care of the building and grounds, including
purchase or hire, driving, maintenance, and operation of an automobile
for the Chief Justice, not to exceed $10,000 for the purpose of
transporting Associate Justices, and hire of passenger motor vehicles as
authorized by 31 U.S.C. 1343 and 1344; not to exceed $10,000 for
official reception and representation expenses; and for miscellaneous
expenses, to be expended as the Chief Justice may approve, $74,034,000,
of which $2,000,000 shall remain available until expended.
[[Page 123 STAT. 3174]]
care of the building and grounds
For such expenditures as may be necessary to enable the Architect of
the Capitol to carry out the duties imposed upon the Architect by 40
U.S.C. 6111 and 6112, $14,525,000, which shall remain available until
expended.
United States Court of Appeals for the Federal Circuit
salaries and expenses
For salaries of the chief judge, judges, and other officers and
employees, and for necessary expenses of the court, as authorized by
law, $32,560,000.
United States Court of International Trade
salaries and expenses
For salaries of the chief judge and eight judges, salaries of the
officers and employees of the court, services, and necessary expenses of
the court, as authorized by law, $21,350,000.
Courts of Appeals, District Courts, and Other Judicial Services
salaries and expenses
For the salaries of circuit and district judges (including judges of
the territorial courts of the United States), justices and judges
retired from office or from regular active service, judges of the United
States Court of Federal Claims, bankruptcy judges, magistrate judges,
and all other officers and employees of the Federal Judiciary not
otherwise specifically provided for, and necessary expenses of the
courts, as authorized by law, $5,011,018,000 (including the purchase of
firearms and ammunition); of which not to exceed $27,817,000 shall
remain available until expended for space alteration projects and for
furniture and furnishings related to new space alteration and
construction projects.
In addition, for expenses of the United States Court of Federal
Claims associated with processing cases under the National Childhood
Vaccine Injury Act of 1986 (Public Law 99-660), not to exceed
$5,428,000, to be appropriated from the Vaccine Injury Compensation
Trust Fund.
defender services
For the operation of Federal Defender organizations; the
compensation and reimbursement of expenses of attorneys appointed to
represent persons under 18 U.S.C. 3006A, and also under 18 U.S.C. 3599,
in cases in which a defendant is charged with a crime that may be
punishable by death; the compensation and reimbursement of expenses of
persons furnishing investigative, expert, and other services under 18
U.S.C. 3006A(e), and also under 18 U.S.C. 3599(f) and (g)(2), in cases
in which a defendant is charged with a crime that may be punishable by
death; the compensation (in accordance with the maximums under 18 U.S.C.
3006A) and reimbursement of expenses of attorneys appointed to
[[Page 123 STAT. 3175]]
assist the court in criminal cases where the defendant has waived
representation by counsel; the compensation and reimbursement of travel
expenses of guardians ad litem acting on behalf of financially eligible
minor or incompetent offenders in connection with transfers from the
United States to foreign countries with which the United States has a
treaty for the execution of penal sentences; the compensation and
reimbursement of expenses of attorneys appointed to represent jurors in
civil actions for the protection of their employment, as authorized by
28 U.S.C. 1875(d); the compensation and reimbursement of expenses of
attorneys appointed under 18 U.S.C. 983(b)(1) in connection with certain
judicial civil forfeiture proceedings; and for necessary training and
general administrative expenses, $977,748,000, to remain available until
expended.
fees of jurors and commissioners
For fees and expenses of jurors as authorized by 28 U.S.C. 1871 and
1876; compensation of jury commissioners as authorized by 28 U.S.C.
1863; and compensation of commissioners appointed in condemnation cases
pursuant to rule 71.1(h) of the Federal Rules of Civil Procedure (28
U.S.C. Appendix Rule 71.1(h)), $61,861,000, to remain available until
expended: Provided, That the compensation of land commissioners shall
not exceed the daily equivalent of the highest rate payable under 5
U.S.C. 5332.
court security
(including transfers of funds)
For necessary expenses, not otherwise provided for, incident to the
provision of protective guard services for United States courthouses and
other facilities housing Federal court operations, and the procurement,
installation, and maintenance of security systems and equipment for
United States courthouses and other facilities housing Federal court
operations, including building ingress-egress control, inspection of
mail and packages, directed security patrols, perimeter security, basic
security services provided by the Federal Protective Service, and other
similar activities as authorized by section 1010 of the Judicial
Improvement and Access to Justice Act (Public Law 100-702),
$452,607,000, of which not to exceed $15,000,000 shall remain available
until expended, to be expended directly or transferred to the United
States Marshals Service, which shall be responsible for administering
the Judicial Facility Security Program consistent with standards or
guidelines agreed to by the Director of the Administrative Office of the
United States Courts and the Attorney General.
Administrative Office of the United States Courts
salaries and expenses
For necessary expenses of the Administrative Office of the United
States Courts as authorized by law, including travel as authorized by 31
U.S.C. 1345, hire of a passenger motor vehicle as authorized by 31
U.S.C. 1343(b), advertising and rent in the District of Columbia and
elsewhere, $83,075,000, of which not to
[[Page 123 STAT. 3176]]
exceed $8,500 is authorized for official reception and representation
expenses.
Federal Judicial Center
salaries and expenses
For necessary expenses of the Federal Judicial Center, as authorized
by Public Law 90-219, $27,328,000; of which $1,800,000 shall remain
available through September 30, 2011, to provide education and training
to Federal court personnel; and of which not to exceed $1,500 is
authorized for official reception and representation expenses.
Judicial Retirement Funds
payment to judiciary trust funds
For payment to the Judicial Officers' Retirement Fund, as authorized
by 28 U.S.C. 377(o), $71,874,000; to the Judicial Survivors' Annuities
Fund, as authorized by 28 U.S.C. 376(c), $6,500,000; and to the United
States Court of Federal Claims Judges' Retirement Fund, as authorized by
28 U.S.C. 178(l), $4,000,000.
United States Sentencing Commission
salaries and expenses
For the salaries and expenses necessary to carry out the provisions
of chapter 58 of title 28, United States Code, $16,837,000, of which not
to exceed $1,000 is authorized for official reception and representation
expenses.
Administrative Provisions--The Judiciary
(including transfer of funds)
Sec. 301. Appropriations and authorizations made in this title
which are available for salaries and expenses shall be available for
services as authorized by 5 U.S.C. 3109.
Sec. 302. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Judiciary in this Act may
be transferred between such appropriations, but no such appropriation,
except ``Courts of Appeals, District Courts, and Other Judicial
Services, Defender Services'' and ``Courts of Appeals, District Courts,
and Other Judicial Services, Fees of Jurors and Commissioners'', shall
be increased by more than 10 percent by any such transfers: Provided,
That any transfer pursuant to this section shall be treated as a
reprogramming of funds under sections 604 and 608 of this Act and shall
not be available for obligation or expenditure except in compliance with
the procedures set forth in section 608.
Sec. 303. Notwithstanding any other provision of law, the salaries
and expenses appropriation for ``Courts of Appeals, District Courts, and
Other Judicial Services'' shall be available for official reception and
representation expenses of the Judicial Conference of the United States:
Provided, That such available funds shall
[[Page 123 STAT. 3177]]
not exceed $11,000 and shall be administered by the Director of the
Administrative Office of the United States Courts in the capacity as
Secretary of the Judicial Conference.
Sec. 304. Within <<NOTE: Deadline. Financial plan.>> 90 days after
the date of the enactment of this Act, the Administrative Office of the
U.S. Courts shall submit to the Committees on Appropriations a
comprehensive financial plan for the Judiciary allocating all sources of
available funds including appropriations, fee collections, and carryover
balances, to include a separate and detailed plan for the Judiciary
Information Technology Fund, which will establish the baseline for
application of reprogramming and transfer authorities for the current
fiscal year.
Sec. 305. Section <<NOTE: Applicability.>> 3314(a) of title 40,
United States Code, shall be applied by substituting ``Federal'' for
``executive'' each place it appears.
Sec. 306. In accordance with 28 U.S.C. 561-569, and notwithstanding
any other provision of law, the United States Marshals Service shall
provide, for such courthouses as its Director may designate in
consultation with the Director of the Administrative Office of the
United States Courts, for purposes of a pilot program, the security
services that 40 U.S.C. 1315 authorizes the Department of Homeland
Security to provide, except for the services specified in 40 U.S.C.
1315(b)(2)(E). <<NOTE: Reimbursements.>> For building-specific security
services at these courthouses, the Director of the Administrative Office
of the United States Courts shall reimburse the United States Marshals
Service rather than the Department of Homeland Security.
Sec. 307. Section 203(c) of the Judicial Improvements Act of 1990
(Public Law 101-650; 28 U.S.C. 133 note), is amended--
(1) in the third sentence (relating to the District of
Kansas), by striking ``18 years'' and inserting ``19 years'';
(2) in the sixth sentence (relating to the Northern District
of Ohio), by striking ``18 years'' and inserting ``19 years'';
and
(3) in the seventh sentence (relating to the District of
Hawaii), by striking ``15 years'' and inserting ``16 years''.
This title may be cited as the ``Judiciary Appropriations Act,
2010''.
TITLE IV <<NOTE: District of Columbia Appropriations Act of 2010.>>
DISTRICT OF COLUMBIA
Federal Funds
federal payment for resident tuition support
For a Federal payment to the District of Columbia, to be deposited
into a dedicated account, for a nationwide program to be administered by
the Mayor, for District of Columbia resident tuition support,
$35,100,000, to remain available until expended: Provided, That such
funds, including any interest accrued thereon, may be used on behalf of
eligible District of Columbia residents to pay an amount based upon the
difference between in-State and out-of-State tuition at public
institutions of higher education, or to pay up to $2,500 each year at
eligible private institutions of higher education: Provided further,
That the awarding of such funds may be prioritized on the basis of a
resident's academic merit, the income and need of eligible students and
such other factors
[[Page 123 STAT. 3178]]
as may be authorized: <<NOTE: Accounts.>> Provided further, That the
District of Columbia government shall maintain a dedicated account for
the Resident Tuition Support Program that shall consist of the Federal
funds appropriated to the Program in this Act and any subsequent
appropriations, any unobligated balances from prior fiscal years, and
any interest earned in this or any fiscal year: Provided further, That
the account shall be under the control of the District of Columbia Chief
Financial Officer, who shall use those funds solely for the purposes of
carrying out the Resident Tuition Support Program: Provided further,
That <<NOTE: Deadline. Reports.>> the Office of the Chief Financial
Officer shall provide a quarterly financial report to the Committees on
Appropriations of the House of Representatives and the Senate for these
funds showing, by object class, the expenditures made and the purpose
therefor.
federal payment for emergency planning and security costs in the
district of columbia
For a Federal payment of necessary expenses, as determined by the
Mayor of the District of Columbia in written consultation with the
elected county or city officials of surrounding jurisdictions,
$15,000,000, to remain available until expended and in addition any
funds that remain available from prior year appropriations under this
heading for the District of Columbia Government, for the costs of
providing public safety at events related to the presence of the
national capital in the District of Columbia, including support
requested by the Director of the United States Secret Service Division
in carrying out protective duties under the direction of the Secretary
of Homeland Security, and for the costs of providing support to respond
to immediate and specific terrorist threats or attacks in the District
of Columbia or surrounding jurisdictions.
federal payment to the district of columbia courts
For salaries and expenses for the District of Columbia Courts,
$261,180,000 to be allocated as follows: for the District of Columbia
Court of Appeals, $12,022,000, of which not to exceed $2,500 is for
official reception and representation expenses; for the District of
Columbia Superior Court, $108,524,000, of which not to exceed $2,500 is
for official reception and representation expenses; for the District of
Columbia Court System, $65,114,000, of which not to exceed $2,500 is for
official reception and representation expenses; and $75,520,000, to
remain available until September 30, 2011, for capital improvements for
District of Columbia courthouse facilities, including structural
improvements to the District of Columbia cell block at the Moultrie
Courthouse: Provided, That funds made available for capital improvements
shall be expended consistent with the General Services Administration
(GSA) master plan study and building evaluation
report: <<NOTE: Contracts. Deadlines. Reports.>> Provided further, That
notwithstanding any other provision of law, all amounts under this
heading shall be apportioned quarterly by the Office of Management and
Budget and obligated and expended in the same manner as funds
appropriated for salaries and expenses of other Federal agencies, with
payroll and financial services to be provided on a contractual basis
with the GSA, and such services shall include the preparation of monthly
financial reports, copies of which shall be submitted directly by GSA to
the President and to the Committees on Appropriations of the House of
Representatives and the
[[Page 123 STAT. 3179]]
Senate, the Committee on Oversight and Government Reform of the House of
Representatives, and the Committee on Homeland Security and Governmental
Affairs of the Senate: <<NOTE: Deadline. Notification.>> Provided
further, That 30 days after providing written notice to the Committees
on Appropriations of the House of Representatives and the Senate, the
District of Columbia Courts may reallocate not more than $1,000,000 of
the funds provided under this heading among the items and entities
funded under this heading for operations, and not more than 4 percent of
the funds provided under this heading for facilities.
federal payment for defender services in district of columbia courts
For payments authorized under section 11-2604 and section 11-2605,
D.C. Official Code (relating to representation provided under the
District of Columbia Criminal Justice Act), payments for counsel
appointed in proceedings in the Family Court of the Superior Court of
the District of Columbia under chapter 23 of title 16, D.C. Official
Code, or pursuant to contractual agreements to provide guardian ad litem
representation, training, technical assistance, and such other services
as are necessary to improve the quality of guardian ad litem
representation, payments for counsel appointed in adoption proceedings
under chapter 3 of title 16, D.C. Official Code, and payments for
counsel authorized under section 21-2060, D.C. Official Code (relating
to representation provided under the District of Columbia Guardianship,
Protective Proceedings, and Durable Power of Attorney Act of 1986),
$55,000,000, to remain available until expended: Provided, That funds
provided under this heading shall be administered by the Joint Committee
on Judicial Administration in the District of
Columbia: <<NOTE: Contracts. Deadlines. Reports.>> Provided further,
That notwithstanding any other provision of law, this appropriation
shall be apportioned quarterly by the Office of Management and Budget
and obligated and expended in the same manner as funds appropriated for
expenses of other Federal agencies, with payroll and financial services
to be provided on a contractual basis with the General Services
Administration (GSA), and such services shall include the preparation of
monthly financial reports, copies of which shall be submitted directly
by GSA to the President and to the Committees on Appropriations of the
House of Representatives and the Senate, the Committee on Oversight and
Government Reform of the House of Representatives, and the Committee on
Homeland Security and Governmental Affairs of the Senate.
federal payment to the court services and offender supervision agency
for the district of columbia
For salaries and expenses, including the transfer and hire of motor
vehicles, of the Court Services and Offender Supervision Agency for the
District of Columbia, as authorized by the National Capital
Revitalization and Self-Government Improvement Act of 1997,
$212,408,000, of which not to exceed $2,000 is for official reception
and representation expenses related to Community Supervision and
Pretrial Services Agency programs; of which not to exceed $25,000 is for
dues and assessments relating to the implementation of the Court
Services and Offender Supervision Agency Interstate Supervision Act of
2002; of which $153,856,000 shall be for necessary expenses of Community
Supervision and
[[Page 123 STAT. 3180]]
Sex Offender Registration, to include expenses relating to the
supervision of adults subject to protection orders or the provision of
services for or related to such persons; of which $58,552,000 shall be
available to the Pretrial Services Agency: <<NOTE: Deadline.>>
Provided, That notwithstanding any other provision of law, all amounts
under this heading shall be apportioned quarterly by the Office of
Management and Budget and obligated and expended in the same manner as
funds appropriated for salaries and expenses of other Federal agencies:
Provided further, That not less than $2,000,000 shall be available for
re-entrant housing in the District of Columbia: Provided further, That
the Director is authorized to accept and use gifts in the form of in-
kind contributions of space and hospitality to support offender and
defendant programs, and equipment and vocational training services to
educate and train offenders and defendants: Provided further,
That <<NOTE: Records. Public information.>> the Director shall keep
accurate and detailed records of the acceptance and use of any gift or
donation under the previous proviso, and shall make such records
available for audit and public inspection: Provided further, That the
Court Services and Offender Supervision Agency Director is authorized to
accept and use reimbursement from the District of Columbia Government
for space and services provided on a cost reimbursable basis.
federal payment to the public defender service for the district of
columbia
For salaries and expenses, including the transfer and hire of motor
vehicles, of the District of Columbia Public Defender Service, as
authorized by the National Capital Revitalization and Self-Government
Improvement Act of 1997, $37,316,000: Provided, That notwithstanding any
other provision of law, all amounts under this heading shall be
apportioned quarterly by the Office of Management and Budget and
obligated and expended in the same manner as funds appropriated for
salaries and expenses of Federal agencies.
federal payment to the district of columbia water and sewer authority
For a Federal payment to the District of Columbia Water and Sewer
Authority, $20,000,000, to remain available until expended, to continue
implementation of the Combined Sewer Overflow Long-Term Plan: Provided,
That the District of Columbia Water and Sewer Authority provides a 100
percent match for this payment.
federal payment to the criminal justice coordinating council
For a Federal payment to the Criminal Justice Coordinating Council,
$2,000,000, to remain available until expended, to support initiatives
related to the coordination of Federal and local criminal justice
resources in the District of Columbia.
federal payment for judicial commissions
For a Federal payment, to remain available until September 30, 2011,
to the Commission on Judicial Disabilities and Tenure, $295,000, and for
the Judicial Nomination Commission, $205,000.
[[Page 123 STAT. 3181]]
federal payment to the office of the chief financial officer for the
district of columbia
For a Federal payment to the Office of the Chief Financial Officer
for the District of Columbia, $1,850,000, in the amounts and for the
projects specified in the table that appears under the heading ``Federal
Payment to the Office of the Chief Financial Officer for the District of
Columbia'' in the statement of managers to accompany this
Act: <<NOTE: Deadlines. Budget. Reports.>> Provided, That each entity
that receives funding under this heading shall submit to the Office of
the Chief Financial Officer for the District of Columbia (CFO), not
later than 60 days after enactment of this Act, a detailed budget and
comprehensive description of the activities to be carried out with such
funds, and the CFO shall submit a comprehensive report to the Committees
on Appropriations of the House of Representatives and the Senate not
later than June 1, 2010.
federal payment for school improvement
For a Federal payment for a school improvement program in the
District of Columbia, $75,400,000, to be allocated as follows: for the
District of Columbia Public Schools, $42,200,000 to improve public
school education in the District of Columbia; for the State Education
Office, $20,000,000 to expand quality public charter schools in the
District of Columbia, to remain available until expended; for the
Secretary of the Department of Education, $13,200,000 to provide
opportunity scholarships for students in the District of Columbia in
accordance with title III of division C of the District of Columbia
Appropriations Act, 2004 (Public Law 108-199; 118 Stat. 126), to remain
available until expended, of which up to $1,000,000 may be used to
administer and fund assessments, and of which up to $1,000,000 may be
used to administer testing of students to determine and compare academic
performance of the schools enrolling students participating in the
opportunity scholarship program: Provided, That notwithstanding the
second proviso under this heading in Public Law 111-8, funds provided
herein may only be used to provide opportunity scholarships to students
who received scholarships in the 2009-2010 school year: Provided
further, That funds available under this heading for opportunity
scholarships, including from prior-year appropriations Acts, may be made
available only for scholarships to students who received scholarships in
the 2009-2010 school year: Provided further, That none of the funds
provided in this Act or any other Act for opportunity scholarships may
be used by an eligible student to enroll in a participating school under
the DC School Choice Incentive Act of 2003 unless (1) the participating
school has and maintains a valid certificate of occupancy issued by the
District of Columbia; (2) the core subject matter teachers of the
eligible student hold 4-year bachelor's degrees; and (3) the
participating school is in compliance with the accreditation and other
standards prescribed under the District of Columbia compulsory school
attendance laws that apply to educational institutions not affiliated
with the District of Columbia Public
Schools: <<NOTE: Reports. Deadline.>> Provided further, That the
Secretary of Education shall submit a report to Congress not later than
June 15, 2010 detailing the academic rigor and quality of each
participating school and that for the purposes of submitting the report
the Secretary shall administer to eligible students participating in the
program the same tests of academic performance
[[Page 123 STAT. 3182]]
as those administered to students enrolled in the District of Columbia
Public Schools in the 2009-2010 school year and the Secretary shall
utilize the performance of scholarship recipients on that test as well
as other metrics of academic quality considered appropriate by the
Secretary to evaluate the academic rigor and quality of participating
schools and include in this report comparative data on District of
Columbia Public Schools and Public Charter Schools: Provided further,
That <<NOTE: Inspections. Deadline.>> the Secretary of Education shall
ensure that site inspections of participating schools are conducted at
least twice annually.
federal payment for consolidated laboratory facility
For a Federal payment to the District of Columbia, $15,000,000, to
remain available until September 30, 2011, for costs associated with the
construction of a consolidated bioterrorism and forensics laboratory:
Provided, That the District of Columbia provides a 100 percent match for
this payment.
federal payment for the district of columbia national guard
For a Federal payment to the District of Columbia National Guard,
$375,000, to remain available until expended for the District of
Columbia National Guard retention and college access programs, which
shall hereafter be known as the ``Major General David F. Wherley, Jr.
District of Columbia National Guard Retention and College Access
Program''.
federal payment for housing for the homeless
For a Federal payment to the District of Columbia, $17,000,000, to
remain available until September 30, 2011, to support permanent
supportive housing programs in the District.
federal payment for youth services
For a Federal payment to the District of Columbia, $4,000,000, to
remain available until September 30, 2011, to support the ``Reconnecting
Disconnected Youth'' initiative.
District of Columbia Funds
The following amounts are appropriated for the District of Columbia
for the current fiscal year out of the General Fund of the District of
Columbia (``General Fund''), except as otherwise specifically provided:
Provided, That notwithstanding any other provision of law, except as
provided in section 450A of the District of Columbia Home Rule Act, (114
Stat. 2440; D.C. Official Code, section 1-204.50a) and provisions of the
Fiscal Year 2010 Budget Request Act, the total amount appropriated in
this Act for operating expenses for the District of Columbia for fiscal
year 2010 under this heading shall not exceed the lesser of the sum of
the total revenues of the District of Columbia for such fiscal year or
$10,016,041,000 (of which $5,637,824,000 shall be from local funds,
(including $394,417,000 from dedicated taxes) $2,661,782,000 shall be
from Federal grant funds, $1,711,249,000 shall be from other funds, and
$5,187,000 shall be from private funds); in addition, $185,725,000 from
funds previously appropriated in this Act as
[[Page 123 STAT. 3183]]
Federal payments, which does not include funds appropriated under the
American Recovery and Reinvestment Act of 2009 (Public Law 111-5):
Provided further, That of the local funds, such amounts as may be
necessary may be derived from the District's General Fund balance:
Provided further, That of these funds the District's intradistrict
authority shall be $791,096,000: in addition for capital construction
projects, an increase of $3,249,642,000, of which $2,685,760,000 shall
be from local funds, $54,893,000 from the District of Columbia Highway
Trust fund, $186,805,000 from the Local Street Maintenance fund,
$322,184,000 from Federal grant funds, and a rescission of
$1,834,494,000 from local funds and a rescission of $91,327,000 from
Local Street Maintenance funds appropriated under this heading in prior
fiscal years for a net amount of $1,323,821,000, to remain available
until expended: Provided further, That the amounts provided under this
heading are to be available, allocated and expended as proposed under
Title III of the Fiscal Year 2010 Budget Request Act at the rate set
forth under ``District of Columbia Funds Division of Expenses'' of the
Fiscal Year 2010 Proposed Budget and Financial Plan submitted to the
Congress of the United States by the District of Columbia on September
28, 2009: Provided further, That this amount may be increased by
proceeds of one-time transactions, which are expended for emergency or
unanticipated operating or capital needs: Provided further, That such
increases shall be approved by enactment of local District law and shall
comply with all reserve requirements contained in the District of
Columbia Home Rule Act (87 Stat. 777; D.C. Official Code sec. 1-201.01
et seq.): Provided further, That the Chief Financial Officer of the
District of Columbia shall take such steps as are necessary to assure
that the District of Columbia meets these requirements, including the
apportioning by the Chief Financial Officer of the appropriations and
funds made available to the District during fiscal year 2010, except
that the Chief Financial Officer may not reprogram for operating
expenses any funds derived from bonds, notes, or other obligations
issued for capital projects.
This title may be cited as the ``District of Columbia
Appropriations Act, 2010''.
TITLE V
INDEPENDENT AGENCIES
Administrative Conference of the United States
salaries and expenses
For necessary expenses of the Administrative Conference of the
United States, authorized by 5 U.S.C. 591 et seq., $1,500,000, to remain
available until September 30, 2011, of which not to exceed $1,000 is for
official reception and representation expenses.
Christopher Columbus Fellowship Foundation
salaries and expenses
For payment to the Christopher Columbus Fellowship Foundation,
established by section 423 of Public Law 102-281, $750,000, to remain
available until expended.
[[Page 123 STAT. 3184]]
Consumer Product Safety Commission
salaries and expenses
For necessary expenses of the Consumer Product Safety Commission,
including hire of passenger motor vehicles, services as authorized by 5
U.S.C. 3109, but at rates for individuals not to exceed the per diem
rate equivalent to the maximum rate payable under 5 U.S.C. 5376,
purchase of nominal awards to recognize non-Federal officials'
contributions to Commission activities, and not to exceed $2,000 for
official reception and representation expenses, $118,200,000, of which
$2,000,000 shall remain available for obligation until September 30,
2011, to implement the Virginia Graeme Baker Pool and Spa Safety Act
grant program as provided by section 1405 of Public Law 110-140 (15
U.S.C. 8004).
Election Assistance Commission
salaries and expenses
(including transfer of funds)
For necessary expenses to carry out the Help America Vote Act of
2002 (Public Law 107-252), $17,959,000, of which $3,500,000 shall be
transferred to the National Institute of Standards and Technology for
election reform activities authorized under the Help America Vote Act of
2002: Provided, That $750,000 shall be for the Help America Vote College
Program as authorized by the Help America Vote Act of 2002: Provided
further, That $300,000 shall be for a competitive grant program to
support community involvement in student and parent mock elections.
election reform programs
For necessary expenses relating to election reform programs,
$75,000,000, to remain available until expended, of which $70,000,000
shall be for requirements payments under part 1 of subtitle D of title
II of the Help America Vote Act of 2002 (Public Law 107-252), $3,000,000
shall be for grants to carry out research on voting technology
improvements as authorized under part 3 of subtitle D of title II of
such Act, and $2,000,000, shall be to conduct a pilot program for grants
to States and units of local government for pre-election logic and
accuracy testing and post-election voting systems verification.
Federal Communications Commission
salaries and expenses
For necessary expenses of the Federal Communications Commission, as
authorized by law, including uniforms and allowances therefor, as
authorized by 5 U.S.C. 5901-5902; not to exceed $4,000 for official
reception and representation expenses; purchase and hire of motor
vehicles; special counsel fees; and services as authorized by 5 U.S.C.
3109, $335,794,000: Provided, That $335,794,000 of offsetting
collections shall be assessed and collected pursuant to section 9 of
title I of the Communications Act of 1934, shall be retained and used
for necessary expenses in this
[[Page 123 STAT. 3185]]
appropriation, and shall remain available until expended: Provided
further, That the sum herein appropriated shall be reduced as such
offsetting collections are received during fiscal year 2010 so as to
result in a final fiscal year 2010 appropriation estimated at $0:
Provided further, That any offsetting collections received in excess of
$335,794,000 in fiscal year 2010 shall not be available for obligation:
Provided further, That remaining offsetting collections from prior years
collected in excess of the amount specified for collection in each such
year and otherwise becoming available on October 1, 2009, shall not be
available for obligation: Provided further, That notwithstanding 47
U.S.C. 309(j)(8)(B), proceeds from the use of a competitive bidding
system that may be retained and made available for obligation shall not
exceed $85,000,000 for fiscal year 2010: <<NOTE: Examination.>>
Provided further, That the Inspector General of the Federal
Communications Commission shall examine whether, and to what extent, the
National Exchange Carrier Association, Inc. is acting in compliance with
the Communications Act of 1934, as amended, and the regulations
promulgated thereunder, and whether, and to what extent, the FCC has
delegated authority to National Exchange Carrier Association, Inc.
consistent with the Communications Act of 1934, as
amended: <<NOTE: Reports. Deadline.>> Provided further, That the
Federal Communications Commission Inspector General shall submit a
report to Congress not later than July 1, 2010, setting forth the
conclusions of such examination.
administrative provisions--federal communications commission
Sec. 501. Section 302 of the Universal Service Antideficiency
Temporary Suspension Act <<NOTE: 118 Stat. 3998.>> is amended by
striking ``December 31, 2009'', each place it appears and inserting
``December 31, 2010''.
Sec. 502. None of the funds appropriated by this Act may be used by
the Federal Communications Commission to modify, amend, or change its
rules or regulations for universal service support payments to implement
the February 27, 2004 recommendations of the Federal-State Joint Board
on Universal Service regarding single connection or primary line
restrictions on universal service support payments.
Federal Deposit Insurance Corporation
office of the inspector general
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
$37,942,000, to be derived from the Deposit Insurance Fund or, only when
appropriate, the FSLIC Resolution Fund.
Federal Election Commission
salaries and expenses
For necessary expenses to carry out the provisions of the Federal
Election Campaign Act of 1971, $66,500,000, of which not to exceed
$5,000 shall be available for reception and representation expenses.
[[Page 123 STAT. 3186]]
Federal Labor Relations Authority
salaries and expenses
For necessary expenses to carry out functions of the Federal Labor
Relations Authority, pursuant to Reorganization Plan Numbered 2 of 1978,
and the Civil Service Reform Act of 1978, including services authorized
by 5 U.S.C. 3109, and including hire of experts and consultants, hire of
passenger motor vehicles, and rental of conference rooms in the District
of Columbia and elsewhere, $24,773,000: Provided, That public members of
the Federal Service Impasses Panel may be paid travel expenses and per
diem in lieu of subsistence as authorized by law (5 U.S.C. 5703) for
persons employed intermittently in the Government service, and
compensation as authorized by 5 U.S.C. 3109: Provided further, That
notwithstanding 31 U.S.C. 3302, funds received from fees charged to non-
Federal participants at labor-management relations conferences shall be
credited to and merged with this account, to be available without
further appropriation for the costs of carrying out these conferences.
Federal Trade Commission
salaries and expenses
For necessary expenses of the Federal Trade Commission, including
uniforms or allowances therefor, as authorized by 5 U.S.C. 5901-5902;
services as authorized by 5 U.S.C. 3109; hire of passenger motor
vehicles; and not to exceed $2,000 for official reception and
representation expenses, $291,700,000, to remain available until
expended: Provided, That not to exceed $300,000 shall be available for
use to contract with a person or persons for collection services in
accordance with the terms of 31 U.S.C. 3718: Provided further, That,
notwithstanding any other provision of law, not to exceed $102,000,000
of offsetting collections derived from fees collected for premerger
notification filings under the Hart-Scott-Rodino Antitrust Improvements
Act of 1976 (15 U.S.C. 18a), regardless of the year of collection, shall
be retained and used for necessary expenses in this appropriation:
Provided further, That, notwithstanding any other provision of law, not
to exceed $21,000,000 in offsetting collections derived from fees
sufficient to implement and enforce the Telemarketing Sales Rule,
promulgated under the Telemarketing and Consumer Fraud and Abuse
Prevention Act (15 U.S.C. 6101 et seq.), shall be credited to this
account, and be retained and used for necessary expenses in this
appropriation: Provided further, That the sum herein appropriated from
the general fund shall be reduced as such offsetting collections are
received during fiscal year 2010, so as to result in a final fiscal year
2010 appropriation from the general fund estimated at not more than
$168,700,000: Provided further, That none of the funds made available to
the Federal Trade Commission may be used to implement subsection
(e)(2)(B) of section 43 of the Federal Deposit Insurance Act (12 U.S.C.
1831t).
[[Page 123 STAT. 3187]]
General Services Administration
real property activities
federal buildings fund
limitations on availability of revenue
For an additional amount to be deposited in the Federal Buildings
Fund, $537,900,000. Amounts in the Fund, including revenues and
collections deposited into the Fund shall be available for necessary
expenses of real property management and related activities not
otherwise provided for, including operation, maintenance, and protection
of federally owned and leased buildings; rental of buildings in the
District of Columbia; restoration of leased premises; moving
governmental agencies (including space adjustments and
telecommunications relocation expenses) in connection with the
assignment, allocation and transfer of space; contractual services
incident to cleaning or servicing buildings, and moving; repair and
alteration of federally owned buildings including grounds, approaches
and appurtenances; care and safeguarding of sites; maintenance,
preservation, demolition, and equipment; acquisition of buildings and
sites by purchase, condemnation, or as otherwise authorized by law;
acquisition of options to purchase buildings and sites; conversion and
extension of federally owned buildings; preliminary planning and design
of projects by contract or otherwise; construction of new buildings
(including equipment for such buildings); and payment of principal,
interest, and any other obligations for public buildings acquired by
installment purchase and purchase contract; in the aggregate amount of
$8,543,585,000, of which: (1) $894,037,000 shall remain available until
expended for construction and acquisition (including funds for sites and
expenses and associated design and construction services) of additional
projects at the following locations:
New Construction:
Alabama:
Mobile, United States Courthouse, $50,000,000.
California:
Calexico, Calexico West, Land Port of Entry,
$9,437,000.
Colorado:
Lakewood, Denver Federal Center Remediation,
$9,962,000.
District of Columbia:
Columbia Plaza, $100,000,000.
Southeast Federal Center Remediation, $15,000,000.
Florida:
Miami, Federal Bureau of Investigation Field Office
Consolidation, $190,675,000.
Georgia:
Savannah, United States Courthouse, $7,900,000.
Maine:
Madawaska, Land Port of Entry, $50,127,000.
Maryland:
White Oak, Food and Drug Administration
Consolidation, $137,871,000.
Greenbelt, United States Courthouse, $10,000,000.
[[Page 123 STAT. 3188]]
Pennsylvania:
Lancaster, United States Courthouse, $6,500,000.
Texas:
El Paso, Tornillo-Guadalupe, Land Port of Entry,
$91,565,000.
San Antonio, United States Courthouse, $4,000,000.
Utah:
Salt Lake City, United States Courthouse,
$211,000,000:
Provided, That each of the foregoing limits of costs on new construction
projects may be exceeded to the extent that savings are effected in
other such projects, but not to exceed 10 percent of the amounts
included in an approved prospectus, if required, unless advance approval
is obtained from the Committees on Appropriations of a greater
amount: <<NOTE: Expiration date.>> Provided further, That all funds for
direct construction projects shall expire on September 30, 2011 and
remain in the Federal Buildings Fund except for funds for projects as to
which funds for design or other funds have been obligated in whole or in
part prior to such date: <<NOTE: Project plan. 40 USC 301 note.>>
Provided further, That for fiscal year 2011 and thereafter, the annual
budget submission to Congress for the General Services Administration
shall include a detailed 5-year plan for Federal building construction
projects with a yearly update of total projected future funding
needs: <<NOTE: Project plan.>> Provided further, That for fiscal year
2011 and thereafter, the annual budget submission to Congress for the
General Services Administration shall, in consultation with U.S. Customs
and Border Protection, include a detailed 5-year plan for Federal land
port-of-entry projects with a yearly update of total projected future
funding needs; (2) $413,776,000 shall remain available until expended
for repairs and alterations, which includes associated design and
construction services:
Repairs and Alterations:
District of Columbia:
East Wing Infrastructure Systems Replacement,
$84,500,000.
Eisenhower Executive Office Building Roof
Replacement, $15,000,000.
New Executive Office Building, $30,276,000.
Special Emphasis Programs:
Fire and Life Safety Program, $20,000,000.
Energy and Water Retrofit and Conservation Measures,
$2,000,000.
Federal High-Performance Green Buildings,
$2,000,000.
Basic Repairs and Alterations, $260,000,000:
Provided further, That <<NOTE: Advanced approval.>> funds made
available in this or any previous Act in the Federal Buildings Fund for
Repairs and Alterations shall, for prospectus projects, be limited to
the amount identified for each project, except each project in this or
any previous Act may be increased by an amount not to exceed 10 percent
unless advance approval is obtained from the Committees on
Appropriations of a greater amount: <<NOTE: Advanced approval.>>
Provided further, That additional projects for which prospectuses have
been fully approved may be funded under this category only if advance
approval is obtained from the Committees on Appropriations: Provided
further, That the amounts provided in this or any prior Act for
``Repairs and Alterations'' may be used to fund costs associated with
implementing security
[[Page 123 STAT. 3189]]
improvements to buildings necessary to meet the minimum standards for
security in accordance with current law and in compliance with the
reprogramming guidelines of the appropriate Committees of the House and
Senate: Provided further, That the difference between the funds
appropriated and expended on any projects in this or any prior Act,
under the heading ``Repairs and Alterations'', may be transferred to
Basic Repairs and Alterations or used to fund authorized increases in
prospectus projects: <<NOTE: Expiration date.>> Provided further, That
all funds for repairs and alterations prospectus projects shall expire
on September 30, 2011 and remain in the Federal Buildings Fund except
funds for projects as to which funds for design or other funds have been
obligated in whole or in part prior to such date: Provided further, That
the amount provided in this or any prior Act for Basic Repairs and
Alterations may be used to pay claims against the Government arising
from any projects under the heading ``Repairs and Alterations'' or used
to fund authorized increases in prospectus projects; (3) $140,525,000
for installment acquisition payments including payments on purchase
contracts which shall remain available until expended; (4)
$4,804,871,000 for rental of space which shall remain available until
expended; and (5) $2,290,376,000 for building operations which shall
remain available until expended: Provided further, That funds available
to the General Services Administration shall not be available for
expenses of any construction, repair, alteration and acquisition project
for which a prospectus, if required by the Public Buildings Act of 1959,
has not been approved, except that necessary funds may be expended for
each project for required expenses for the development of a proposed
prospectus: Provided further, That funds available in the Federal
Buildings Fund may be expended for emergency repairs when advance
approval is obtained from the Committees on Appropriations: Provided
further, That amounts necessary to provide reimbursable special services
to other agencies under 40 U.S.C. 592(b)(2) and amounts to provide such
reimbursable fencing, lighting, guard booths, and other facilities on
private or other property not in Government ownership or control as may
be appropriate to enable the United States Secret Service to perform its
protective functions pursuant to 18 U.S.C. 3056, shall be available from
such revenues and collections: Provided further, That revenues and
collections and any other sums accruing to this Fund during fiscal year
2010, excluding reimbursements under 40 U.S.C. 592(b)(2) in excess of
the aggregate new obligational authority authorized for Real Property
Activities of the Federal Buildings Fund in this Act shall remain in the
Fund and shall not be available for expenditure except as authorized in
appropriations Acts.
general activities
government-wide policy
For expenses authorized by law, not otherwise provided for, for
Government-wide policy and evaluation activities associated with the
management of real and personal property assets and certain
administrative services; Government-wide policy support responsibilities
relating to acquisition, telecommunications, information technology
management, and related technology activities; and services as
authorized by 5 U.S.C. 3109; $59,665,000.
[[Page 123 STAT. 3190]]
operating expenses
For expenses authorized by law, not otherwise provided for, for
Government-wide activities associated with utilization and donation of
surplus personal property; disposal of real property; agency-wide policy
direction, management, and communications; the Civilian Board of
Contract Appeals; services as authorized by 5 U.S.C. 3109; and not to
exceed $7,500 for official reception and representation expenses;
$72,881,000, of which $1,000,000 shall be for a payment to the Oklahoma
City National Memorial Foundation as authorized by 16 U.S.C. 450ss-5.
office of inspector general
For necessary expenses of the Office of Inspector General and
service authorized by 5 U.S.C. 3109, $59,000,000: Provided, That not to
exceed $15,000 shall be available for payment for information and
detection of fraud against the Government, including payment for
recovery of stolen Government property: Provided further, That not to
exceed $2,500 shall be available for awards to employees of other
Federal agencies and private citizens in recognition of efforts and
initiatives resulting in enhanced Office of I